Appellate Division of the Supreme Court of the State of New York May 6, 2004 (Keyspan-Ravenswood, Inc. v. Public Service Commission)

Peters, J.

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered April 4, 2003 in Albany County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a declaratory ruling of respondent Public Service Commission determining that it had jurisdiction to require wholesale generators to pay state-tariff rates for stand-by service