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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47228 Justice Bransten THE BUILDING for petitioner cooperative’s boilers, cooling plant and electric generators rests on residentially zoned land. The boilers and turbines are part of a co-generation facility making steam and electricity. Power plant meters are separate from residential meters. Due to its “commercial” designation, the co-op received discounted water and sewage rates. In September 1996 the water board reduced the co-op’s charges on earlier bills by more than $84,000 to $301,066. Claiming to be a residential customer due to a certificate of occupancy for its power plant building, the co-op challenged the board’s refusal to cancel its September 1996 bill. The court ruled that the board’s decision was not arbitrary. A memorandum by a deputy commissioner at the Department of Environmental Protection supported the board’s determination that a co-op with co-generation facilities can be treated as a commercial customer for meters at its power plant.

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