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NATIONAL ENERGY v. NYS PUB

Nos. 21, 22.

33 N.Y.3d 336 (2019)

126 N.E.3d 1041

103 N.Y.S.3d 1

2019 NY Slip Op 03655

In the Matter of NATIONAL ENERGY MARKETERS ASSOCIATION et al., Appellants, v. NEW YORK STATE PUBLIC SERVICE COMMISSION, Respondent. (And Two Other Related Proceedings.) In the Matter of RETAIL ENERGY SUPPLY ASSOCIATION et al., Appellants, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents. (And Two Other Related Proceedings.)

Court of Appeals of New York.

Decided May 9, 2019.

Attorney(s) appearing for the Case

Boies Schiller Flexner LLP, Armonk (Jason C. Cyrulnik and Motty Shulman of counsel) and Albany (George F. Carpinello and Teresa A. Monroe of counsel), for appellants in the first above-entitled proceeding and action.

Barclay Damon, LLP, Syracuse (David G. Burch, Jr. of counsel), for appellants in the second above-entitled proceeding and action.

John J. Sipos, Acting General Counsel, Public Service Commission, Albany (D. Scott Bassinson, Jessica R. Vigars, Salomon T. Menyeng and Lucas C. McNamara of counsel), for respondents in the first and second above-entitled proceedings and actions.

Letitia James, Attorney General, New York City (Judith N. Vale, Barbara D. Underwood, Steven C. Wu, Blair J. Greenwald, Jane M. Azia and Kate Matuschak of counsel), and Linda M. Baldwin, General Counsel, Department of State (Kathleen O'Hare of counsel), for Office of the Attorney General and another, amici curiae.

OPINION OF THE COURT

On this appeal, we are asked to determine whether the Public Service Law authorizes the Public Service Commission (PSC) to issue an order that conditions access to public utility infrastructure by energy service companies (ESCOs) upon ESCOs capping their prices...

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