(DOWNLOAD) "Rochester Gas and Electric Corporation v. Public Service Commission State New York" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Rochester Gas and Electric Corporation v. Public Service Commission State New York
- Author : Court of Appeals of New York
- Release Date : January 11, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
[71 N.Y.2d 313 Page 317] Opinion OF THE COURT Plaintiff Rochester Gas & Electric Corporation (RG&E) challenges the constitutionality of
Public Service Law § 66-d (2) (L 1984, ch 519, § 2, as amended by L 1985, ch 790, § 2), as applied to it by Opinion No. 85-6
of defendant Public Service Commission (PSC). The statute authorizes the PSC to require certain utilities to transport non-owned
natural gas through their pipelines if the utility has excess capacity, receives reasonable compensation for doing so and
if transportation of the non-owned gas will not burden the utility or its ratepayers or impair the over-all quality of service
to customers. Plaintiff is a utility selling gas to customers in Rochester and seven surrounding counties and it contends
that the statute and implementing order contained in Opinion No. 85-6 violate its due process rights and effect an unconstitutional
taking of its property (see, US Const 5th and 14th Amends; NY Const, art I, §Â§ 6, 7). The courts below upheld the statute
and the opinion finding that they were a valid exercise of the State's police power and did not result in an impermissible
taking of plaintiff's property. The appeal is before us as of right (see, CPLR 5601 [b] [1]) and we now affirm.
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