This Comment examines the New York Public Service Commission's effort to improve the existing electric utility regulatory structure in New York State. The New York Public Service Commission instituted Phase II of the "Competitive Opportunities" case, Case 93-M-0229, to evaluate the existing regulatory structure in New York and to determine what improvements can be gained from increased competition in the electric utility industry. On December 22, 1994, the NYPSC issued its Opinion and Order Regarding Proposed Principles to Guide the Transition to Competition. The Order established the "First Principle," the primary principle "that cannot be compromised to accommodate the others." The First Principle is "[t]he economic and environmental well-being of New York State is of paramount concern here." This Comment analyzes this principle in light of NYPSC precedent and New York statutory law. This Comment explores the potential ramifications for the NYPSC of any action which violates the First Principle and sacrifices the environment for potentially a short-term reduction in prices to some consumers.
Recommended CitationJames D. Elliott, Electric Utility Regulation Reform in New York: Economic Competitiveness at the Expense of the Environment?, 13 Pace Envtl. L. Rev. 281 (1995)
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