New York Court of Appeals
In the Matter of New York State Council of Retail Merchants, Inc. v. Public Service Commission of the State of New…
December 6, 197845 N.Y.2d 661
Summary
The New York Court of Appeals reversed the Appellate Division and affirmed the Public Service Commission’s approval of a time‑of‑day electricity rate structure, holding that the commission’s classification of large commercial and industrial customers and its step‑by‑step implementation were supported by a rational basis and substantial evidence, and that the specific marginal‑cost based rate proposal was likewise supported.