Legal Opinion

Burstein v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1983PublishedCited by 7 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Public Service Commission which found that construction of the nuclear power plant Nine Mile Point No. 2 was reasonable and adopted an incentive rate of return on a capital expenditure of $4.6 billion for the construction of that plant. Nine Mile Point Unit No-. 2 (NMP-2) is a 1,085 megawatt nuclear plant under construction near Oswego, New York, by Niagara Mohawk Power *901Corporation, New York State Electric and Gas…

2Cases cited5 opinions

  1. Simpson v. WolanskyNew York Court of Appeals · 1975
  2. 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969
  3. Save Pine Bush, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1981
  4. Consumer Protection Board v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1980
  5. United States Tube & Foundry Co. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1959

3Cited by7 opinions

  1. Kessel v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1988
  2. Incorporated Village of Valley Stream v. State of New York Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1985
  3. Kessel v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1993
  4. Multiple Intervenors v. Public Service Commission of the StateAppellate Division of the Supreme Court of the State of New York · 1991
  5. National Energy Marketers Ass'n v. New York State Public Service CommissionNew York Supreme Court · 2016

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