Matter of Niagara Mohawk Power Corporation v. Public Service Commission of the State of New York

In Matter of Niagara Mohawk Power Corporation v. Public Service Commission of the State of New York, 69 N.Y.2d 365 [1987] the Court held that "the power to order refunds of imprudent charges collected under fuel adjustment clauses may be implied from the Commission's general rate-making powers and from its authority over fuel adjustment allowances under former section 66 (12) of the Public Service Law ..." (id., at 368). The Court reasoned that (at 371-372) "In the past when determining whether the Public Service Commission has acted outside the scope of its legitimate power, we have engaged in 'a realistic appraisal of the particular situation to determine whether the administrative action reasonably promotes or transgresses the pronounced legislative judgment' (Matter of Consolidated Edison Co. v. Public Serv. Commn., 47 N.Y.2d 94, 102, 417 N.Y.S.2d 30, 390 N.E.2d 749, supra; see generally, Fitzpatrick, Toward a Broad Reading of Implied Powers of State Public Utility Commissions: Combatting a Legacy of Laissez Faire, 90 Dick L Rev 415 [1985]). When the Commission acts pursuant to its statutory authority to set utility rates, the 'pronounced legislative judgment' is that the rate set should be 'just and reasonable' (Public Service Law 72). If the rate-setting process results in a rate tariff reflecting 'a just and reasonable balancing of consumer and investor interests', the legislative intent, as well as constitutional and decisional mandates, is satisfied (see, Matter of Abrams v. Public Serv. Commn., 67 N.Y.2d 205, 215)."