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MATTER OF ATLANTIC POWER & GAS LLC v. NEW YORK STATE PUB. SERV. COMMN.

532036.

203 A.D.3d 1352 (2022)

165 N.Y.S.3d 144

2022 NY Slip Op 01491

In the Matter of Atlantic Power & Gas LLC, Appellant, v. New York State Public Service Commission, Respondent.

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

Decided March 10, 2022.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Albany (Joshua Glasgow of counsel), for appellant.

Robert Rosenthal, Public Service Commission, Albany (John C. Graham of counsel), for respondent.

Garry, P.J., Clark, Aarons and Fisher, JJ., concur.

In December 2013, respondent deemed petitioner eligible to serve New York residential and nonresidential natural gas and electric customers as an energy service company (hereinafter ESCO). Between 2015 and 2016, respondent received multiple complaints that petitioner improperly transferred customer accounts from a utility...

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