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NATIONAL FUEL v. PUBLIC SERV.

506981.

71 A.D.3d 62 (2009)

893 N.Y.S.2d 652

In the Matter of NATIONAL FUEL GAS DISTRIBUTION CORPORATION, Petitioner, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 31, 2009.

Attorney(s) appearing for the Case

Michael W. Reville, Williamsville (Neil L. Levine of Whiteman, Osterman & Hanna, L.L.P., Albany, and Bruce V. Miller of Saul Ewing, L.L.P., Newark, New Jersey, of counsel), for petitioner.

Peter McGowan, New York State Public Service Commission, Albany (Jonathan D. Feinberg of counsel), for respondent.

LAHTINEN, MALONE JR. and GARRY, JJ., concur.

OPINION OF THE COURT

ROSE, J.P.

Petitioner, a "gas corporation" as defined in Public Service Law § 2 (11), filed a proposal with respondent seeking to increase its rates for the 2008 rate year and to pass on to its ratepayers certain costs of site investigation and remediation (hereinafter SIR). Following evidentiary hearings and a review of the Administrative Law Judge's recommendations, respondent issued a rate order that imposed an incentive plan...

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