ConsolidataJdWi Edison Company OS"- S ~ f3'7 6 of New York, Inc. 4 Irving Place New York NY 10003 COnEulSOn www.conEd.com a conEdison, inc. company

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Ov O October 30, 2006 GO "0 CO -== •n^rfa I •=:-,Op Hon. Jaclyn A. Brilling "5 Secretary 0320 State of New York •fr f ^ __ -< Public Service Commission ^ Three Empire State Plaza Albany, New York 12223

RE: Case 05-S-1376, Con Edison Steam Rate Case

Dear Secretary Brilling:

Consolidated Edison Company of New York, Inc. ("Con Edison" or the "Company") made changes to its Schedule for Steam Service, P.S.C. No. 3 - Steam, effective October 1, 2006, pursuant to an order of the Public Service Commission (the "Commission"), issued and effective September 22, 2006, in Case 05-S-1376.

The Company was directed by Ordering Clause 4 of the Commission's September 22, 2006 order to file proof with the Commission that a notice to the public of the changes proposed by the amendments and their effective date was published once a week for four successive weeks in newspapers having general circulation in the areas affected by the amendments. As directed by the Commission, the Company is filing herewith an affidavit attesting that publication was made, plus copies of the notice that was published, in the New York Post on October 5, 12, 19, and 26, 2006.

Very truly yours,

CONSOLIDATE]) EDISON COMPANY OF NEW YORK, INC.

Christine Colletti Director Rate Engineering D<$5H3 7/ • State of New York ss: COUNTY OF NEW YORK

VA/lmwia (aWonObemadutoswnrn says that he/she is the principal Clerk of the Publisher of the New York Post

a daily newspaper of general circulation printed and published in the English language, in the County of New York, State of New York; that advertisement hereto annexed has been regularly published in the said "NEW YORK POST" once, onthe^./^/^o^ davof tfCT^/Je* 2006

\J (XAdKAnUyiAiM^

Sworn to before me this // dav of ^M^s A 2006,/!/

/ NOTARY PUBLIC BYRON STEVENS Notary Public. State of New Ybrk ,^0.01816117803 Qualified In New York County commission Expires November 1,2008 46

o >.Q. C Biovail gets ID O O

XIo O more heat -a By RODDY BOYD that the SEC's long-run- America Securities analyst ning investigation could nearly two dozen times. Securities regulators in have now expanded into , The analyst, Jerry Treppel, the U.S. and Canada ap- his trading of the compa- was fired shortly after he pear to be ratcheting up o ny's stock. downgraded the company Q. the pressure on the Melnyk, whose corpo- to "sell" in 2002. founder of Biovail over de- rate governance and trad- Treppel, is suing Biovail tails of his controversial ^ ing activities at Biovail for defamation. offshore stock trading. have been under investiga- The SEC's Biovail in- TRASH TALK: Surveillance photos allegedly show a private investigator rum- Eugene Melnyk — one of tion since 2004, seized the quiry was thought to be di- the highest-profile men in maging through former Biovail analyst Jerry Treppel's garbage under the orders of spotlight when Biovail rected primarily at Bio- lawyers for Biovail founder Eugene Melnyk (inset). Canada and the owner of sued 22 hedge funds and vail's "accounting ' and the NHL's Ottawa Sena- analysts last February, al- financial reporting prac- tors — was to be inter- leging a wide-ranging con- tices" from 2001 to 2003, ates involved in the man- public interest by faihng to ance before an OSC panel viewed by the Securities spiracy to drive down Bio- with the investigation of agement of four separate disclose his complete addressing its allegations and Exchange Commission vail's stock price. Melnyk's trading being Cayman Islands trusts set holdings and changes in was postponed. this week, according to an More recently. The Post handled by the OSC. up to hold 9.4 million Bio- his holdings to the public," Biovail shares gained 12 Ontario Securities Com- reported Melnyk's lawyers In late July, the OSC is- vail shares. the OSC wrote". cents to close at $17.05. . mission release. ordered private investiga- sued a 92-count statement "In failing to file [neces- The SEC's questioning of A Biovail spokesman de- Biovail watchers believe tors to rifle through the of allegations directed at sary] insider reports, Mel- Melnyk explained why a clined to comment. the OSC-release indicates trash of a former Banc of Melnyk and three associ- nyk acted contrary to the late-September appear- [email protected]

LEGAL NOTICE

Con Edison Makes Certain Changes to its Steam Tariff Effective October 1, 2006 M'soft bigs get pay cut

On September 22, 2006, the New York State Public Service Commission Microsoft reduced the ^mm manage $75 billion in in- approved a two-year steam rate plan commencing October 1, 2006. Under the total pay of Chairman Bill vestments, including Mi- plan, steam base rates are continued at their current level for the two-year Gates and Chief Executive crosoft shares, at Loomis, rate term, except that recovery of certain costs will be shifted between base Officer Steve Ballmer for Sayles & Co. in Boston. rates and Fuel Adjustment Clause ("FAC") charges beginning October 2007 the first time in at least six Microsoft in August and demand charges will be implemented beginning November 2007 for years as profit gains dished out performance slowed. bonuses worth almost $1 steam customers with annual consumption of 22,000 Mlb or greater. Gates and Ballmer, both billion to its top 900 exec- 50, each earned $616,667 in utives, excluding Ballmer Pursuant ,to the plan, Con Edison has made certain changes to its steam salary in the fiscal year -rate schedule, P.S.C. No. 3 - Steam, effective October 2006, as follows: and Gates. One-third of ended in June, up 2.8 per- those bonuses vested im- (a) the Company's steam repair service, which is performed upon a cent from a year earlier. mediately, with the rest customer's request, was modified; Both had their bonuses cut paid out over the next two 13 percent to $350,000, years. The. bonuses, put in (b) the charge for each temporary disconnection or reconnection of Redmond, Wash.-based place in 2003 to hold onto Microsoft, the world's key managers, were based service requested by a customer (in excess of one request for each in a largest software maker, BILL GATES 12-month period) was increased from $186 to $291 during business hours said in a regulatory filing. Gets less. on performance .between 2003 and 2006. and from $222 to $331 during any other time; Earnings . growth has stalled as Microsoft 6.6 percent gain for the Compensation varies (c) a charge of $291 during business hours and $336 during any other time spends more to get the S&P 500 Index. from year to year and is was added for the investigation of a leak, pressure condition, or other Xbox video-game console "This is probably a func- determined by the board problem at a customer's premises when the Company determines that there in stores and endured de- tion of management want- based on qualitative and is a problem with the customer's piping and/or equipment; lays for the release of the ing to show that the top quantitative factors, as Vista version of the Win- dogs are accountable for listed in the filing, accord- (d) the steaim air-conditioning incentive program in Service Classiification dows operating system. the numbers they produce ing to a statement from ("SC") 2 and SC 3 was extended to accept customers' applications until The company's stock fell the same way everybody Colleen Healy, Microsoft's September 30, 2008; 6.2 percent during the fis- else is accountable," said general manager for inves- cal year, compared with a Tony Ursillo, who helps tor relations. Bloomberg (e) the Special Monthly Adjustments ("SMA") section of the FAC, which is a monthly charge or credit per-Mlb, was modified to explain that the SMA will recover carrying charges associated with the East River Repowering Project prior to October 2007 (costs incurred thereafter will be recovered through Thain warms to Deutsche Boerse base rates) and purchased water and water chemical costs used for. steam NYSE Group Chief Executive John Thain Deutsche Boerse, Le Figaro newspaper re- production (currently recovered through base rates) commencing October said he's open to buying part of Deutsche ported, citing a person with knowledge of 2007, and to clarify the allocation of common costs of the 74th Street and Boerse, operator of the Frankfurt stock ex- the proposal. 59th Street stations to the electric department; and change, in addition to Euronext. Euronext scuttled more than six months "We have always said that we were re- of merger negotiations with Deutsche (f) minor Changes were made for housekeeping and clarification ceptive to adding other European cash Boerse when it agreed to be acquired by purposes, such as deletion of obsolete tariff language and clarification of SC 4 businesses into the Euronext model," NYSE Group in June. Deutsche Boerse CEO Reto Francioni has continued to press applicability. ' Thain said in an interview on the floor of the New York Stock Exchange. "I think it's his offer for Euronext arguing that it would a possibility." benefit shareholders and customers more Copies of Con Edison's tariff amendments are available for inspection than an NYSE deal. at the office of the Public Service Commission, 90 Church Street, 4th floor, Euronext is under pressure to consider Deutsche Boerse spokeswoman Candice New York, New York 10007, and at Con Edison's office at 4 Irving Place, alternatives to combining solely with Adam declined to comment yesterday on NYSE Group after agreeing to be acquired Thain's remarks. Bloomberg New York, New York 10003. in a transaction now valued at $11.2 billioa CONSOUDATED EDISON COMPANY OF NEW YORK, INC. Europlace, a French business lobby group, will recommend thab Euronext seek a SfocAr tables are on page 65. combination with NYSE Group and 1 Rotten 45

Apple o•< options RALLY REVVING O

Newly confident market charts new waters Q. A probe by Apple Com- CU puter Inc. found that Chief ;< By PAUL.THARP Executive Officer Steve O Jobs knew the company The mighty stock market r> O backdated stock options, comeback roared even cr though he didn't benefit or higher yesterday to set CD know of accounting issues more new records — re- warding investors who'd from the practice. oho Fred Anderson, whose kept the faith with double- o tenure as.chief financial of- digit payoffs of up to 43 percent. ficer included the five years Across.the board, stocks when options were manip- charged ahead in one of ulated, resigned as a direc- the best rallies in months, tor, Cupertino, Calif.-based with the Dow Jones indus- Apple said. The actions of trial average jumping o two unnamed former exec- 123.27 points for the sec- 3 utives raised "serious con- ond session of back-to- cerns," Apple said. back all-time highs. "I apologize to Apple's The broadly based Stan- shareholders and employ- dard & Poor's 500 index — ees for these problems, representing more than which happened on my $12 trillion in stocks — hit watch," Jobs said in a state- a new 51/2-year high, and ment. "They are completely the Nasdaq composite out of character for Apple." index surged a healthy 2.11 A three-month review of percent to outpace gains at 650,000 e-mails and inter- its two runaway sister in- views with more than .'40 dexes. people found that options Even a gloomy report on awarded on 15 dates be- the housing market by tween 1997 and January Federal Reserve Chief Ben 2002 were backdated. The Bemanke was seen as a positive because it means company began the investi- that inflation may be sti- gation in June, becoming fled enough for a potential one of 140 companies to interest rate cut. concede grant dates may The Fed chief said the have been manipulated to housing market is suffer- enrich employees. ing a "substantial correc- Apple shares fell 18 cents tion" that may chop 1 per- to $75.20 in extended trad- cent off economic growth ing. They rose $1.30, or 1.8 in the second half of the percent, to $7538 in regular year. ply Management showing earlier, giving new com- know, both investors and percent to hit two records . Nasdaq Stock Market trad- Bernanke also said infla- the economy in September fort to consumers. non-investors,- that stocks — reaching 11,851.25 just ing and have advanced 4.9 tion still worries the Fed grew at its slowest rate in "Consumers are sud- are going up, and going up seconds before the closing percent this year after more — but that amounted to three years, providing denly more, optimistic be- for a good reason. There's bell, and closing moments than doubling in 2005. another clear message of more reason to believe the cause the lower energy niore confidence — at later at 11,850.61 to break Bloomberg what Wall Street wanted Fed won't tinker with costs are offsetting their long last — that they won't Tuesday's 111-year record to hear Low interest rates rates. worries about declining get blindsided again," he by 123.27 points. The S&P may be here to stay for a Many investors shrug- housing values," said Hugh said. 500 surged 1.21 percent, or while. . ged off the housing weak- F. Johnson, president of In busy trading across all 16.11, to 1350,22.-The Rus- The low-rate hopes were ness because gasoline and Johnson lllington Advisors markets, the Nasdaq shot sell 2000 index rose 2.1 GM talks on also boosted by a report heating costs are down LLC. up 4730 points to 2,290.95. percent to 733.4/, up 15.12. alliance end from the Institute for Sup- dramatically from a year "The rally lets everyone The Dow jumped 1.05 [email protected] General Motors Corp. ended talks aimed at team- Jobs report will show which way wind is blowing ing with Carlos Ghosn's Re- nault SA and Nissan Motor masquerades as TV news: "This'll ernment to announce that 125,000 Federal Reserve will have to re- Co. because of a dispute encourage small investors to put new jobs appeared in September. sume raising interest rates, de- over GM's demand to be their money into the market." The trick to my past successes spite Fed Chairman Ben Bemanke compensated for taking Barker-ism at its best. Objectivity in guessing this number has been yesterday saying how pleased he part in an alliance. JOHN at its worst. understanding the assumptions was with the economy. GM wanted payment to But yesterday, at least, it seemed that Washington makes about jobs That could take some oomph make up for the benefits GRUDELE to work as the Standard & Poor's that are being created by newly out of Wall Street's rally. the French and Japanese index and over-the-counter stocks formed companies. One caveat: October tends to automakers would have re- joined in the celebration. During some months these as- historically be one of the- worst ceived, the companies said One of the Dow's biggest hur- sumptions are so dramatic that it's months for stocks anyway. yesterday. GM Chief Exec1 dles will come tomorrow morn- easy to correctly guess whether Underneath the rah-rah over the utive Officer Rick Wagoner |OW the game becomes: How ing, when the U.S. Department of the actual number will beat Wall new Dow high, there is the prob- also said a Renault-Nissan far into record territory can Labor releases its monthly report Street expectations. September lem that even with yesterday's partnership would have the Dow travel; especially if it on new jobs. isn't one of those months. gains, the Standard & Poor's and prevented his company Nasdaq indexes are nowhere near doesn't get additional help from I've made- a franchise out of One thing is certain, however. If their old records. from pursuing ties with other more important market in^ guessing . whether this number tomorrow's figure is exceptionally other automakers. The best economic news, of dicators? - . . . will be over or under Wall Street weak, it'll confirm what everyone course, is that oil and gasoline The decision signals GM As you probably already know, estimates and have had remarka- has recently been saying — the directors' ongoing support prices are coining down from the the Dow Jones industrial average ble success at this game. . economy is stalling. absurd levels to which Wall Street for Wagoner's strategy to yesterday went deeper into the re- This, of course, is important be- And, oddly enough, that might speculators drove them. recover from last year's cord books, and Wall Street and cause the labor report is the be good for another burst of stock $10.6 billion loss. It also re- And that might be enough to the financial press again distin- granddaddy of all government re- enthusiasm. help stocks, especially if corporate buffs billionaire Kirk' Ker- guished themselves by cheering as leases, and it tends to not only A strong number would create a korian, GM's fourth-biggest profits manage to deliver the 14 loudly as they could to get the" av- move the market but also sets in- problem. percent gains over the next few investor, who spurred erage investors' attention. vestors' moods. Today I'm here to The very unlikely chance of a weeks that are expected. Wagoner three months ago As one commentator gloated on predict — nothing. large gain in jobs would suddenly We'll see. to study a link with Ghosn. that Wall Street infomercial tMt Wall Street is expecting the gov- ' [email protected] ~ — . Bloomberg stir fears on Wall Street.that the 44 Sept. 11 •i in books vie o Q. C YouTube deal may for award

By KEITH J. KELLY IN The three finalists for the National Book Awards fea- Ol J3 tures two novels centered O t3 around 9/11 and one non- o fiction book on the topic. bring about others Two big names who won is •D the fiction award in the late if! claring the dawn of the to the people. "Web 2.0" a "marketing 90s, "Charming Billy" au- new Internet age: Web Ever post a video to term, and it's not a term thor Alice McDermott and "Cold Mountain" author 2.0. YouTube? Tag a story on that I use." Then he said: "it's really happening." Charles Frazier, were shut O Coined by Web expert del.icio.us? Add a "friend" out this year. McDermott O- John Battelle, Web 2.0 is on MySpace.com, which Schmidt should know, his haid written her sixth work, loosely defined as the like The Post, is owned by company's purchase of "After This: A Novel" and next generation of user- The Post's parent: com- YouTube marks the high- Frazier had jumped pub- S centered, Web-based pany. News Corporation? est value ever paid for one lishing houses to publish products and service. The Well, then you are partici- of the new generation of "Thirteen Moons." By SAM GUSTIN Google-YouTube deal was pating in Web 2.0. user-centric Web compa- Among the major pub- one of the rare examples The concept has become nies. lishing conglomerates, the HOW do you like it of an Internet catch- so powerful in the tech Mere minutes after the biggest cheers went up now, gentlemen? phrase come-to-life. world, that today it is vir- Google deal was an- from the German-based Forty-eight hours after "One way to think about tually unthinkable that a nounced, rumors hurtled von Holtzbrinck Group, Internet giant Google [Web] 2.0 is that it's about startup seeking funding around the Web that the which placed three books stunned corporate Amer- the user, not the pro- would not use the term search giant was ready to from its Farrar, Straus & ica with its blockbuster vider," said John Barker, somewhere in its public- snatch social networking Giroux imprint and one $1.65 billion purchase of president of DZP Market- ity materials. site FaceBook for a cool from its young people's im- YouTube, some tech ing Communications. Google CEO Eric $2.3 billion — a suggestion print in the running for the watchers were already de- In other words, power Schmidt recently called that must have sent a awards. The National Book wave of terror through the MARK CUBAN Awards, which comes with hearts of Yahoo! execu- No YouTube fan. a $10,000 prize in each cat- LEGAL NOTICE tives, who have been re- egory, wul be presented portedly coveting the site Less than three weeks Nov. 15. Con Edison Makes Certain Changes to its Steam Tariff for $1 billion. after this column reported The finalists playing on That may have sounded that YouTube was for sale the 9/11 theme included Effective October 1, 2006 ludicrous a week ago, but for over $1.5 billion, a fact two novels: Jess Walter's the YouTube deal gives it that was dismissed by "The Zero", from Regan/ On September 22, 2006, the New York State Public Service Commission HarperCollins, which fol- approved a two-year steam rate plan commencing October 1, 2006. Under the legs. many so-called "Internet experts" — Google lows, a hero cop in the days plan, steam base rates are continued at their current level for the two-year snatched the Web video following the World-Trade rate term, except that recovery of certain costs will be shifted between base Center attacks and "A Dis- leader, leaving many order Peculiar to the Coun- rates and Fuel Adjustment Clause ("FAC") charges beginning October 2007 $eattijSotlce/ media bigs holding the try" by Kan Kalfus, from and demand charges will be implemented beginning November 2007 for bag. Ecco/HarperCollins, a steam customers with annual consumption of 22,000 Mlb or greater. Let's start with Dallas black comedy about a mar- DEATH NOTICE Mavericks owner Mark riage unraveling in the days Pursuant to the plan. Con Edison has made certain changes to its steam Cuban, the late-1990s tech after 9/U. DINONNO, TONY. Age 65, of Monroe, NJ, billionaire who declared rate schedule, P.S.C. No. 3 - Steam, effective October 2006, as follows: on Sunday On. 8th. Visitation Thurs. 4-8 PM The other fiction finalists at Clayton & McGirr Funeral Home, Free- that anyone paying $1.5 included: Dan Spiotta's "Eat hold, NJ. Funeral Mass Fri. 10 AM at St. Rob- (a) the Company's steam repair service, which is performed upon a ert Bellarmine, Freehold, NJ. Interment St. billion for YouTube the Document" (Scribner) customer's request, was modified; Rose of lima Cemetery, Freehold, NJ. would be a "moron." Goo- about a woman fugitive gle is sitting on $10 billion from the 1970s who hid out (b) the charge for each temporary disconnection or reconnection of Death Notices and cash. for 20 years and raised a service requested by a customer (in excess of one request for each in a in Memoriam Messages "I still think Google is son; Richard Powers' "The Notices may be submitted via tele- crazy," Cuban wrote on Echo Maker" (Farrar, 12-month period) was increased from $186 to $291 during business hours phone, fax or email by a Funeral his blog after the was an- Straus & Giroux) and Mark and from $222 to $331 during any other time; Director, Monday thru Friday, 8:30 A,M, nounced. Some comment- Z. Danielewski's "Only Revolutions," (Pantheon) a (c) a charge of $291 during business hours and $336 during any other time to 4:00 P.M., to appear in the following ers on his site disagreed. day's edition. Sunday notices must be "This proves you have best-selling love story told was added for the investigation of a leak, pressure condition, or other received by 1:30 PM on Saturday, and no clue about the Internet through the words of two problem at a customer's premises when the Company determines that there Monday notices must be received by 16-year-old vagabonds in 3:30 P.M. on Saturday. business," one wrote. competing free verse that is a problem with the customer's piping and/or equipment; Call: (212)9304100 "Your time was a decade requires the book to be Fax: (212)9304120 ago, get over yourself." held upside down to read (d) the steam air-conditioning incentive program in Service Classification some sections. ("SC") 2 and SC 3 was extended to accept customers' applications until September 30, 2008; INSIDE SALES ACCOUNT EXECUTIVES (e) the Special Monthly Adjustments ("SMA") section of the FAC, which is a monthly charge or credit per-Mlb, was modified to explain that the SMA will The Best Sales People! The Best Rewards! recover carrying charges associated with the East River Repowering Project in response to The New York Post's dramatic growth, we are seeking prior to October 2007 (costs incurred thereafter will be recovered through talented sales people to join our team and continue our success! base rates) and purchased water and water chemical costs used for steam REQUIREMENTS: production (currently recovered through base rates) commencing October • Proven success in Inside Sales 2007, and to clarify the allocation of common costs of the 74th Stireet and • At least 2-3 years of Telesales experience, advertising Sales experience preferable • Excellent verbal and written communication skills 59th Street stations to the electric department; and • Self motivated team player (f) minor changes were made for housekeeping and clarification • Proficiency in MS Office applications purposes, such as deletion of obsolete tariff language and clarification of SC 4 WE OFFER: applicability. • Structured sales development plan and career pathways • Highly competitive base salary plus commission Copies of Con Edison's tariff amendments are available for inspection • Superior benefits, including 401k, Medical, Dental, Pension, at the office of the Public Service Commission, 90 Church Street, 4th floor, plus on-site healthclub New York, New York 10007, and at Con Edison's office at 4 Irving Place, Please send your resume and cover letter to New York, New York 10003. [email protected] and reference CONSOUDATED EDISON COMPANY OF NEW YORK, INC. cover letter "NYPost Print" NYPost is an EQE- 43

o•< FEDS' FUTILITY o

l/l Front-running prosecutions lack conviction D-

By RODDY BOYD The prosecutions of o Crackdown cracks their Van der Moolen col- o Nearly 18 months after IT DICK PARSONS announcing a ground- leagues — Richard Volpe The feds' huge illegal-trading bust at the NYSE isnt living up to its and Robert Scavone — Stunned. breaking series of indict- advance billing - with only two convictions and two guilty pleas so ments against 15 New York ended in acquittals. Stock Exchange special- far. Here's how the bust is shaking out Two other specialists, ists, federal prosecutors Donald Foley of Fleet Spe- have a grim track record cialists and Bear Wagner's YouTube Kevin Fee, had all charges in winning convictions. dropped "in the interests •< In April 2005, federal •D O prosecutors charged the of justice," according to a l/l NYSE specialists with statement released by O bid KO'd prosecutors. o front-running clients to the tune of just over $19 Mintz declined to specu- million. late why the feds have had The seven specialist difficulties. media firms where the nailed A spokeswoman for the traders worked paid out feds declined comment. more than $247 million in Defense lawyers repre- fines and disgorgements, senting three of the in- rivals and the NYSE consented dicted specialists told The to outside oversight. Post that each trial poses CANNES, France — Goo- Despite obtaining two two separate challenges gle paid a "knockout" price high-profile plea deals in for the government. that traditional media com- May — from Van Der "They have to find con- panies could not have Moolen's Joseph Bongi- matched when it bought omo and Patrick McGagh sistent law-breaking, and video entertainment site — the elite Southern Dis- since most of [the special- ists] are accused of trading YouTube for $1.65 billion, trict of New York prose- ahead on under 1 percent the chairman and CEO of cutors have suffered set- of a massive volume of Time Warner said. backs in half of the cases "The AOL guys would've trades, that isn't really they've brought. loved to have got YouTube. there," one lawyer said. We looked, but decided "The track record is below par, given their Another defense attor- AOL has not only better ney told The Post that the technology, it's also in- usual rate of conviction," said former federal prose- question of motive has house," said Dick Parsons, been tough to overcome. CEO of Time Warner, cutor Robert Mintz, of AOL's parent company. Newark's McCartet & Michael Stern Joseph Bongiorno "I think when [Michael "Here are lots of reasons English. "They can ba- & Michael Hayward & Patrick McGagh Stern's lawyer] David why we did not go to the sically pick and choose Meister argued that Google level (on price). what cases to bring, so Van der Moolen Van der Moolen Stern's net income from YouTube has no earnings. their conviction levels the alleged front-running How do you convince the should be much higher." was around $500, when market you can make As prosecutors gear up fighting expensive defense shells they promised. Michael Stem and Michael the guy was earning at money? Google can do that for the trial of former Fleet lawyers, but the growing The feds have garnered Hayward — although both least $2.5 million per year, better than anyone, and I Specialists partner David sense that the indictments a paltry two convictions — men were acquitted on that's a tough sell," he said. didn't have Google dollars;" Finnerty, they are not only did not contain the bomb- against Van der Moolen's several counts. roddy. boyd@nypost. com he told reporters at a media conference yesterday. Web search leader Goo- gle said Monday it had agreed to acquire YouTube Trader may point fingers in court fight for $L65 billion in stock, the highest price yet paid for a in stocks such as Johnson fingers, but his lawyer, specialists to step in be- consumer-generated media Fred Hafetz, adamantly re- tween trades because it site. & Johnson, General Electric and Goldman fused to discuss strategy would double the overall "It's a stunning price, a volume and increase the stunning story. You have to Sachs Group. when I called. tip your hat to the found- And, like most of the But Hafetz is known to exchange's market share. ers. It's a knockout price," other 15 specialists who have looked into the cul- If Haifetz and Finnerty Parsons said on the side- have been charged with ture that pervaded at the decide to take an aggres- lines of the MIPCOM con- crimes in the prosecution NYSE in the late 1990s, sive approach, the court ference in Cannes. in New York, Finnerty is when Dick Grasso was could be enlightened as to "Some of these sites are pleading not guilty. head of the exchange. what was happening when, SO far, the serial trials Specifically, Hafetz is according to sources I've working, most are not. of a group of New In short, the SEC Whether it will be a value- charged that the special- said to have been inter- previously quoted, the York Stock Exchange ists weren't efficiently ested in the fact that mantra on the NYSE floor adding asset remains to be specialists can best be de- seen. But note the acquirer. finding buyers for every Grasso's compensation was "we don't match For us and traditional scribed as dull, at least by stock order being sold. was at least partly de- DOTS." DOTS stands for media companies, this the standards of Enron Instead, the specialists termined by the amount of the NYSE's computerized would be a tough, tough and WorldCom. And were illegally making trading volume that the trading, which is formerly price. But for Google it's in they have also been rela- money by stepping in be- NYSE was able to know as the Direct Order their sweet spot." tively unsuccessful, with tween the buyers and sell- NYSE FLOOR generate. Turnaround system. Parsons said Google roughly half the defen- ers when orders were de- Bad boys? A report by investigator If Finnerty decides to go wanted to acquire anything dants being judged not livered to the trading floor Dan Webb, commissioned this route, he may say he that generates traffic and guilty. by the NYSE's computer- whether higher ups at spe- when Grasso was ousted was following the orders said he saw the firm as a The record could change ized system. cialist firms — and maybe by the Big Board, says on of immediate higher-ups, partner. today when the trial of But the excitement isn't even at the New York page 26 that Grasso's com- not anyone in a position of "Google is misunder- David A. Finnerty starts. in whether the lowly spe- Stock Exchange — either pensation was based on power at the NYSE. stood. They see themselves Finnerty was a senior cialists and their even low- looked the other way or "the NYSE's market share But a move like that as an enabler, not a portal. vice president at a com- er-level clerks were actu- encouraged such tactics. of trading..." would allow prosecutors They acquire as much Web pany called Fleet Spe- ally participating in this The gossip on Wall In other words, there to climb a ladder as high traffic as they can and mon- cialists, whose duty it was kind of skullduggery. Street is that Finnerty may was a financial incentive up as they'd like. etize It based on their tech- to keep an orderly market The; big question is be considering pointing for the NYSE to encourage john.crud$lenypost.com nology," tic Mid. .Reuters 28 11 pDLICE E Pub bookkeep NYPD DAILY o u V, worker's o Q. BLOTTER C thief gets 3 yrs. comp: DA victim had no right to au- ferts Boulevard near Lib- Eleven people have been Brooklyn thorize construction as- erty Avenue, where he de- By IAURA ITALIANO Prosecutor Diana Florence charged with scamming the signments without him. manded cash from a teller had asked for a lesser sen- worker's compensation sys- • Two thugs attacked a The 5'/2-months-preg- livery driver in Bedford- Pasiakos ordered the and fled with money. tence of two to six years. But tem out of hundreds of thou- work stopped, but the Then, on Oct. 7, he wore nant thieving bookkeeper sands of dollars — including Stuyvesant, authorities 01 of the popular Gramercy Manhattan Supreme Court younger man told hard- a brown or black wig and XI Justice Gregory Carro made a man who kept cashiiig his said yesterday. o Tavern was sent to prison hats to continue, sources walked into a Bank of the unusual move of giving deceased friend's check for The attack took place at for at least three years 2:40 a.m. Tuesday when said. New York branch near the Austin more time. 16 years. North Fork branch.' He yesterday for taking Austin has failed to show Norman Berger is lacing the 39-year-old driver Pasiakos then allegedly $275,000 from the restau- struck the victim with a again demanded cash and T3 remorse or make restitution, up to 15 years in prison for picked up Fainclai Wil- l/l rant's safe. metal pipe. ran with his loot. the judge said. collecting nearly $180,000 in liams, 25, and Monique The thief allegedly Sandrene Austin, 28, pock- Austin used the money to benefits that were supjposed Allen, 33, near Fulton Cops charged Pasiakos eted a couple of hundred robbed two more banks, buy a two-family house in to go to his housemate, who Street and Marcus Garvey with assault, menacing last Thursday and this dollars in cash every day she died more than a decade Boulevard, sources said. and weapons possession. O Queens for herself and her past ^Monday, on Cross worked for nearly two years, relatives — and the family ago, said Queens District At- As they drove to an un- prosecutors said in winning torney Richard Brown. Bay and Queens boule- likely participated in the disclosed location, Wil- vards. a grand-larceny conviction. scheme by using fraudulent Berger, 60, of Manhattan, liams began yelling about Manhattan She then covered her documents when applying is charged with grand lar- the fare. tracks by exaggerating — by ceny, insurance fraud and QJ for a mortgage, the judge When the vehicle Staten Island the same couple of hundred said. other infractions. stopped at a light, Wil- dollars — the amount of gift Under a previous plea The 10-month investiga- liams got out, spit at the • A driver speeding along certificates that patrons had offer, family members could tion caught 11 people reaping driver through a window the Staten Island Express- used to pay for that day's have kept the soon-to-be benefits they didn't deserve, and struck hun in the face, way was killed after he authorities said. cops said. meals. mother of three out of jail Another suspect, Diane lost control of his Cadillac The thefts — which magi- entirely by putting the house Brown, was hurt in 1984. But Williams then allegedly Escalade SUV and it over- cally stopped whenever Aus- up for sale and aflowing her in 1998 she started working yanked the driver out of turned on the center me- tin went on leave or vacation to make restitution. Instead, at a city hospital and alle- the car and kicked and dian at 9 p.m. The — were only discovered they sat and watched yester- gedly continued to claim she punched him. 40-year-old victim, whose after more user-friendly soft- day as she was led off to was unemployed and due Allen also allegedly at- name was withheld, was ware was installed to track prison in handcuffs. $47,000. tacked the victim, who trapped in the wreckage the money. [email protected] Ikimulisa Livingston suffered minor injuries. and died at St. Vincent's Police nabbed the pair, Hospital. LEGAL NOTICE who were charged with • Police are asking for the assault and other crimes. • Police busted a teenager public's help finding a for stealing electrical Con Edison Makes Certain Changes to its Steam Tariff • A man is his 20s was woman in poor physical equipment after he was Effective October 1, 2006 found dead in Cypress and mental condition who caught breaking into a ga- Hills, apparently killed by disappeared from her rage in Westerleigh, au- On September 22, 2006, the New York State Public Service Commission a fall from an 18-story Upper West Side apart- thorities said yesterday. approved a two-year steam rate plan commencing October 1,2006. Under the building, police said. His ment. Bobby Hambrick, 16, en- body was discovered in Yesenia Rivera (above), . tered the garage of a pri- .plan, steam base rates are continued at their current level for the two-year 26, wearing a red shirt and rate term, except that recovery of certain costs will be shifted between base front of 735 Lincoln Ave- vate home on Benedict nue at 1037 a.m. yester- black pants, was last seen Avenue at around 4:10 rates and Fuel Adjustment Clause ("FAC") charges beginning October 2007 day. It was not immedi- leaving her Riverside a.m. Tuesday but was and demand charges will be implemented beginning November 2007 for ately clear whether the Drive apartment at West spotted by a neighbor who steam customers with annual consumption of 22,000 Mlb or greater. man jumped, fell or was 102nd Street at around called cops. pushed. 1:20 p.m. on Sept. 23, cops Police found in Ham- Pursuant to the plan, Con Edison has made certain changes to its steam said. brick's possession a Palm rate schedule, P.S.C. No. 3 - Steam, effective October 2006, as follows: • A Bushwick man Police said she is in handheld digital device clubbed his building su- need of medication. and a cellphone he had al- (a) the Company's steam repair service, which is performed upon a perintendent whom he ac- legedly stolen elsewhere. cused of turning off his • The body of an uniden- customer's request, was modified; tified man was found Hambrick was charged heat and slashing his bicy- with burglary, criminal cle tires, authorities said floating in the East River (b) the charge for each temporary disconnection or reconnection of near the Queensboro trespass and possession of yesterday. stolen property, said a service requested by a customer (in excess of one request for each in a Sources said Neil Col- Bridge just after 7 p.m. 12-month period) was increased from $186 to $291 during business hours yesterday. The cause of spokesman for DA Daniel lins, 40, fought with the Donovan. and from $222 to $331 during any other time; 29-year-old super in the death was not immedi- hallway of their Kos- ately apparent. • A Rikers Island inmate (c) a charge of $291 during business hours and $336 during any other time ciuszko Street building jailed for stealing laptop was added for the investigation of a leak, pressure condition, or other near Broadway at 10:10 computers from a medical problem at a customer's premises when the Company determines that there a.m. Tuesday. Queens practice has been linked is a problem with the customer's piping and/or equipment; Collins screamed at and • A driver was critically to a second theft at the threatened the super, then injured and his passenger same West Brighton of- (d) the steam air-conditioning incentive program in Service Classification whacked him in the shoul- killed early yesterday fice, authorities said yes- ("SC") 2 and SC 3 was extended to accept customers' applications until der and back with a bat. when their car slammed terday. A spokesman for DA Thomas Davis, 33, was September 30, 2008; into a guardrail and caught on security tape Charles Hynes said Col- flipped over on the Grand lins was charged with as- hauling five laptops and (e) the Special Monthly Adjustments ("SMA") section of the FAC, which is Central Parkway in Forest two carrying cases out the sault, menacing and weap- Hills. a monthly charge or credit per-Mlb, was modified to explain that the SMA will ons possession. The super back door of the HIP The dead man Was iden- Staten Island Medical recover carrying charges associated with the East River Repowering Project suffered minor injuries. tified as Nathaniel Jer- prior to October 2007 (costs incurred thereafter will be recovered through Group on Clove Road at • A man smashed his maine, 31, of Malveme, L.I. 7:19 p.m. on Aug. 15, base rates) and purchased water and water chemical costs used for steam business partner in the The driver's name was sources said. production (currently recovered through base rates) commencing October head with a pipe at a Ben- withheld. The accident He was charged with 2007, and to clarify the allocation of common costs of the 74th Street and sonhurst construction site, took place at 4 a.m. near grand larceny and crimi- 59th Street stations to the electric department; and authorities said yesterday. the Queens Boulevard nal possession of stolen loannis Pasiakos, 57, exit. property, said DA Dono- (f) minor changes were made for housekeeping and clarification began arguing with the • The NYPD is searching van's spokesman. purposes, such as deletion of obsolete tariff language and clarification of SC 4 29-year-old partner on for a wig-wearing bandit Davis had been incarcer- applicability. 78th Street near 20th Ave- who has allegedly robbed ated for allegedly stealing nue at 235 p.m. Tuesday, four banks this month. laptops from the same of- Copies of Con Edison's tariff amendments are available for inspection cops said. The robber first struck fice on Aug. 22. The dispute involved Oct. 3 at 9 a.m. in the Jamie Schram and at the office of the Public Service Commission, 90 Church Street, 4th floor, Pasiakos' claim that the New York, New York 10007, and at Con Edison's office at 4 Irving Place, North Fork branch on Lef- Perry Chiaramonte * New York, New York 10003. Crime Stoppers offers rewards of up to $2000 for your help in * solving violent crimes. You don't have to reveal your identity. CONSOUDATED EDISON COMPANY OF NEW YORK, INC. Call Crime Stoppers at (800) 577-TIPS. 27

LUMBER & HARDWARE L •FACTORY RECONDITIONED • FACTORY PERFECT "•OFF FACTORY RECONDITIONED P0WERT00LS WITH NEW TOOL WARRANTY MFR'S LIST PRICE & ^gggt oog m m^^a'^^M^\!mum^.&mf OAK STRIP FLOORING WALL & FLOOR COVERS •UNFINISHED OAK FLOORING I.D. LASER KIT H.D. RECIPROCATING SAW • 1" X 3" NO. 2 WHITE VARIABLE SPEED>BUMP SENSOR CERAMIC WALL TILE •26 BOARD FEET •MANUAL LEVELING •FULL BUNDLES 4 1/4" x41/4" x 1/4" •WHITE TILES FULL CARTONS ONLY •B GRADE 32" 190 vnmm STEEL • ml 10 AMPS MICA REG 382.00 79M Mm WITH CARRY CASE CELLAR MDL#DW071K REG 184.00 MDL#DW304PK DOORS 1/2" SPADE HANDLE DRILL 41/2" H.D. GRINDER 95 CDO 55x45X30 329.00 VARIABLE SPEED B»JiMMMM>«i COMMERCIAL GRADE REG 32.20 CD1 57x45x24 309.00 VINYL FLOOR TILE , 4 X8'SHEETS CD2 63x49x22 309.00 45 TILES PER CARTON CD3 71x53x19 329.00 12" x 12" TILES CHOICE OF CHOICE OF 2 COLORS 6 COLORS 3/4" BIRCH PLYWOOD 55- " WREG 292.00 REG 129.00 MDL# DW130V MDL# 9557NB Makita 7 1/4" H.D. 1/2" HEAVY DUTY HAMMER DRILL 23 CIRCULAR SAW ELECTRIC BRAKE •CARRY CASE NO WAX PEEL & STICK FLOOR TILE r~n STEEL ENTRY DOOR 5 GALLON OCT FLAT PAINT FLATmmmi WHITE OR ANTIQUE WHITE OD REG 238.00 REG 184.00 MDL#DW369CSK MDL#DW511 REG 169.00 QD 6 RAISED PANELS 12"X 12" TILES — ' PRE-HUNG*WEATHERSTRIPPED 11/8"SDS ROTARY HAMMER ALUMINUM SILL 45 TILES PER CTN»4 COLORS DOUBLE BORED 30",32".36- X SO- REG 55.00 DUTY SCREW GUN 90 BOSCH COMMERCIAL STEEL HOLLOW DOOR klEWALt 0-4000 RPM 12"X 12" CERAMIC TILE DOOR & FRAME 49 mm* ^« i a II EACH

MASONITE16" isrREG 239.00 f f REG 182.00 CHOICE OF HINGES S LOCK INCLUDED 24"X 80"X 1 3/8" ALSO A CHIPPER 3 COLORS 30-.32" OR 38" X SO" ALL SIZES AVAIABLE f f MDL#DW272 REG 550.00 MDL# 11236 KITCHEN & BATHROOM CENTER STERLING SHOWER DOOR TANK & BOWL FEATURING A LARGE DISPLAY OF KITCHENS NUTONE 30" 2SPEED RANGE HOOD 199 CHARCOLE FILTER •DUCTLESSWHITE OR ALMOND 5'CATHEDRAL OAK || f|00 REG.49.99 MDL#1330 STARTER SET SILVER79" FRAME MOLD eooc 00 REG 80.00 1 3 TEMPERED 1.6 GALLON TANK GLASS ra 39 ^^ WITH TOWEL BAR 12" WHITE Eg^j STAINLESS STEEL SINK SINGLE LEVER FAUCET BATHROOM VANITY REG 39 >' PORCELAIN |t |too 25"X22" A ilDO " lOO WHITE TUB REG M REG 149.00 •OTHER COLORS AVAILABLE 599.00 'SPECIAL PURCHASE: WITH EVERY $1000.00 KITCHEN ALL WOOD 5919* X 17'REG 69.99 PURCHASE, RECIEVE A STAINLESS STEEL SINK AND CONSTRUCTION WHITE BASE WITH FAUCET, A $75.00VALUE. FREE WITH THIS AD ONLY WHITE CULTURED TOP 119 CABINETS ONLY REG 49.00 MDLffl422 ALL STORES OPEN 7 DAYS A WEEK CUSTOMER SERVICE 212 246-9090 •CUSTOMER SERVICE MiorowN SOHO ASTORIA CORONA JAMAICA CALL 212 246-9090 212 246 9090 212 966 3466 718 392 4441 718 898 2100 718 657 0100 •ORDER BY PHONE •BOOM TRUCK DELIVERY 617 11TH AVENUE 175 SPRING STREET 34-35 STEINWAY STREET- 108-56 ROOSEVELT AVE- 108-20 MERRICK BLVO AVAILABLE MON-FRI 6 AM-6 PM MON-FRI 8 AM-6PM MON-FRI 7 AM-7PM MON-FRI 7 AM-7PM MON-FRI 7 AM-5PM •WE DELIVER SAT 7:30- 4 PM SAT 8AM-5 PM SAT 8 AM-6 PM SAT 8 AM-6 PM SAT 8AM-5 PM •CORPORATE ACCOUNTS SUN10AM-4PM SUN10AM-4PM SUN 9 AM-4:30 PM SUN 9 AM-4:30PM SUN 9AM-3PM WELCOME AVAILABLE IN QUEENS STORES ONLY. NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO LIMIT QUANTITY. More to 39

-< follow HIGH-STAKES CASE o Trosten o 3" BofA's.Finnerty ruled over C Former Refco Chief Fin- a. ancial Officer Robert Trosten was arraigned O yesterday, and federal shady NYSE traders: feds a prosecutors are promising o mcr another indictment within By RODDY BOYD called interpositioning — that they were better the next two weeks tied to Former Bank of America or trading ahead of cus- suited for the NYSE's in- the massive collapse of fu- specialist David Finnerty tomer orders and reaping ternal regulation. tures broker Refco. was the corrupt "king"-of $4.5 million for BAS spe- U.S. Attorney Anirudh The feds pegged Trosten the New York Stock Ex- cialists. Bansal made a methodical as a key accomplice to the change floor, and bent its Finnerty's defense, led — and powerful — argu- mui|tyear financial fraud rules to line his pockets, by Fred Hafetz, dismissed ment to the jury that with 3 >< d(^Hed and executed by federal prosecutors said the prosecution's evidence over 95 percent of Finner- n Rerco's former chief exec- yesterday. as a case of "Garbage in, ty's -26,300 contested o utive Philip Bennett. Jurors and spectators in garbage out." trades profitable for him, o Driven by the desire to He also heaped ample "common sense" would o Judge Denny Chin's Uth -1 3 conceal more than $450 floor courtroom woke up scorn on the credibility dictate something was ter- million in losses related to from two weeks of mun- and character of the three ribly wrong.- credit extended to hedge dane testimony to see both NYSE clerks who testified Bansal also argued that fund clients, Bennett and prosecutors and the de- that Finnerty repeatedly Finnerty's attempt to co- erce his former clerk into Trosten engineered an ac- fense dust off their best ordered them to trade courtroom dramatics for ahead. giving non-incriminating counting scam to keep the evidence as proof that his losses off the books and their closing arguments. "How come none of [the The stakes are high for clerks] complained to the actions were criminal. away from auditors and "A man doesn't try to potential investors. both sides. NYSE about Finnerty's trading? It's like a yenta bully a witness if he KING OF THE SHILL: In closing arguments yester- Wearing a dark blue suit Finnerty faces a maxi- day, federal prosecutors attacked ex-Bank of America mum of'10 years in prison town down there — no doesn't have something to and a buzz cut, the youth- one stops talking — but hide," Bansal said. trader David Finnerty for his trading on the NYSE floor, AP ful-looking Trosten for each count of securi- ties fraud. Federal prose- word never got to [NYSE] pleaded "not guilty" to cutors, stung by an unex- authorities," Hafetz LEGAL NOTICE three "counts of fraud and pected series of acquittals claimed. He described conspiracy to defraud in and dropped charges in many of . Finnerty's con- Con Edison Makes Certain Changes to its Steam Tariff front of Judge Naomi their case against the 15 tested specialist trades as Buchwald. _ NYSE specialists, desper- "judgement calls." Effective October 1, 2006 . Bennett * also pleaded ately need a victory. Federal prosecutors did On September 22, 2006, the New York State Public Service Commission "not guilty" to multiple Finnerty is accused of not mince words, repeat- fraud and conspiracy abusing his role as a mar- edly labeling Finnerty's approved a two-year steam rate plan commencing October 1, 2006. Under the charges — for the second ket-maker in GE to trade actions as "criminal" and plan, steam base rates are continued at their current level for the two-year time — given the super- for the firm's account — scoffing at defense claims rate term, except that recovery of certain costs will be shifted between base ceding nature of the in- ratesand Fuel Adjustment Clause ("FAC") charges beginning October 2007 dictment. There are more indict- and demand charges will be implemented beginning November 2007 for ments coming. steam customers with annual consumption of 22,000 Mlb or greater. U.S': Attorney David Es- Kumar cost CA $3.5B seks, under pointed ques- Pursuant to the plan. Con Edison has made certain changes to its steam tioning from an impatient CA Inc. former Chief Executive Officer Sanjay Kumar's rate schedule, P.S.C. No. 3 - Steam, effective October 2006, as follows: Judge Buchwald — who accounting fraud cost- investors up to $3.5 billion as news made little attempt to hide of the scandal caused shares of the software maker to (a) the Company's steam repair service, which is performed upon a plummet. her displeasure at having customer's request, was modified; Company announcements and news articles in 2001 . the March trial date erased $3.1 billion to $3.5 billion in CA's stock value, Mu- pushed back — told the (b) the charge for each temporary disconnection or reconnection of kesh Bajaj, a consultant and finance professor at the Uni- service requested by a customer (in excess of one request for each in a courtroom that there versity of Cahfomia at Berkeley, testified yesterday in would be another indict- Brooklyn federal court in New York. That figure was 12-month period) was increased from $186 to $291 during business hours ment filed "within two based on $15 being cut from CA's share price after a New and from $222 to $331 during any other time; weeks." York Times article and company fraud disclosures, Bajaj Trosten's high-priced said. (c) a charge of $291 during business hours and $336 during any other time lav^^ Robert Morvillo Kumar, 44, faces up to 90 years in prison after being con- was added for the investigation of a leak, pressure condition, or other ancNReks verbally agreed victed of leading a $2.2 billion accounting fraud at the problem at a customer's premises when the Company determines that there to a $10 million bail ar- company, formerly known as Computer Associates. Bajaj's is a problem with the customer's piping and/or equipment; rangement, guaranteed by testimony came on the second day of a pre-sentencing Trosten's house in Sara- hearing before U.S. District Court Judge I. Leo Glasser. (d) the steam air-conditioning incentive program in Service Classification sota, Fla. Roddy Boyd Bioomberg ("SC") 2 and SC 3 was extended to accept customers' applications until September 30, 2008; ADVERTISING SALES ACCOUNT EXECUTIVES BOLD, STREET SMART & PASSIONATE. f (e) the Special Monthly Adjustments ("SMA") section of the FAC, which is a monthly charge or credit per-Mlb, was modified to explain that the SMA will The New Yorkiiost wants you to join our dynamic advemsiiig sales team. recover carrying charges associated with the East River Repowering Project We are looking for energetic, pro-active and driven account executives for i prior to October 2007 (costs incurred thereafter will be recovered through the following categories: RETAIL, REAL ESTATE, RECRUITMENT. base rates) and purchased Water and water chemical costs used for steam REQUIREMENTS INCLUDE: production (currently recovered through base rates) commencing October 2007, and to clarify the allocation of common costs of the 74th Street and • Minimum of 2-3 years sales and or adv agency experience in related fields 59th Street stations to the electric department; and • Strong sales skills with a proven track record • Ability to develop key client, agency and industry relationships at all levels. (f) minor changes were made for housekeeping and clarification • Strong communication & presentation skills • Creativity a plus • Bachelor's degree purposes, such as deletion of obsolete tariff language and clarification of SC 4 applicability. HjAj competitive base salary plus strong commission opportunities. 4^^medical/dental/vision, pension and on-slte health club. Copies of Con Edison's tariff amendments are available for inspection at the office of the Public Service Commission, 90 Church Street, 4th floor. Please send resumes to [email protected] New York, New York 10007, and at Con Edison's office at 4 Irving Place, and reference your cover letter "nypost Print"print" _.... _^r=£7 New York, New York 10003. The New York Post is an E0E CONSOUDATED EDISON COMPANY OF NEW YORK, INC. No phone calls please. i|| 40 Most Widely Held 1 Most Active MEDIA 1 vol dose % 52 wk 52 wk VoKOOO) Last CI19 company «cker (MO) price change high low_ ME- 29977 3.65 -1.9 7.98 AT&TInc 20053 34.33 •0.40 SiriusS SIRI m i b BkofAm 11493 54.00. +0.57 Interpublic IPG 18559 11.09 +4:4 10.92 iMF Chevron 11868 67.58 +0.69 fMWMfWP TimeWarn TWX 15342 19.83 +0.1 19.9? 15.70 19 K Cisco 38647 24.29 -0.05 ti XMSat XMSR 9566 10.17 +0.1 32.00 9.63 0 Citigroup 12725 50.87 +0.40 Comcast CMCSA 8478 38.76 -0.6 39.12 2535 64 a. Comcast 8478 38.76 -0.25 c Disney 6751 31.20 -0.18 ChartCm CHTR 8266 139 -2.6 1.99 038 ExxonMob 25496 71.01 +1.12 Market Watch Disney DIS 6751 31.20 -0.6 31.79 22.97 21 GenElec 21628 35.61 +0.19 Gettylm GYI 6649 41.97 -8.7 95.43 43.70 19 0 Home Dep 11960 36.60 +0.10 Get Up-To-TheiMinute Stock Prices at www.nypost.com Comcsp CMCSK 5020 38.69 -0.6 39.01 25.09 63 § Intel 50189 21.72 +0.10 33.44 27.17 18 IBM 5722 91.83 +0.34 ClearChan ecu 4870 32.35 +0.5 13.94 ID JPMorgCh 8550 47.27 +0.13 NewsCpA NWS/A 3331 20.94 -0.2 2138 JohnJn 6998 68.83 +0.08 Daily Markets Roundup Currencies GTelevsa s TV 3318 24.45 +1.8 24.11 16.13 2.50 +0.01 aj Lucent 44571 Yesterday Pvsday IHSIncn IMS 3183 34.45 -0.5 3538 16.65 33 ^2 Microsft 40216 28.31 +0.03 Argentina LibMlntAn LINTA- ' 2668 22.00' +2.3 22.65 1534 Pfizer 33677 27.43 +0.17 Oct. 25,2006 12,500 3.0930 3.0900 s0 Australia 1.3129 1.3196 CBSBn CBS 2416 28.61 +1.0 30.00 2335 0 ProctGam 5691 63.13 +0.25 1: ...... i Cy:•.:.: A .r TimeWarn 15342 19.83 +0.02 12,000 Brazil 2.1510 2.1450 Omnicom OMC 2345 100.88 -0.2 101.50 78.14 21 Dow Jones \Ai VerizonCm 9691 38.30 +0.30 i • ' i -^ Britain 1.8793 1.8742 DirecTV DTV 2260 21.48 +0.7 21.86 13.17 32 t3 industrials 11,500 Canada 1.1254 1.1254 LionsGt g LGF 2258 10.08 -0.7 12.78 . 7.47 Chile 524.38 526.87 11,000 ViacomB n VIA/B 1683 38.59 -0.6 44.95 32.42 Most Active -•'-T'+6-80 ;-- k* vh^T China 7.9060 7.9050 Vri Navtcq NVT 1671 28.95 +2.7 5536 23.73 16 10,500 Denmark 5.9092 5.9326 Close Chg Vol 12,134.68 JUL AUG SEP OCT Euro .7927 .7958 Hong Kong 7.7819 7.7823 MYSE — Pet change High Low Record high close: 12,127.8' -2.04 600634 India Most Active TECH 1 £ Corning 21.10 from previous: +0.06 12,147.97 12,081.77 Oct. 24,2006 45.296 45.200 FordM 8.49 +0.19 412723 Israel 4.2900 4.2933 vol dose % 52 wk ^ SprintNex 17.72 +0.65 375909 Japan 118.98 119.27 company ticker (000) price change high Iv. >- Wtria 82.10 +2.28 367900 Oct. 25,2006 2,400 Mexico 10.7864 10.8067 SunMicro SUNW 126450 5J0- +2.7 5.40 3.62 Hallibtn s 32.64 +1.80 357244 N. Zealand 1.5107 1.5074 5 1 (-- I^ Corning GLW 60063 21.10 -83 29.61 1730 29 Pfizer 27.43 +0.17 336772 S 2,300 Pakistan 60.60 60.67 Nasdaq 16.75 22 z AMD 20.83 +031 287429 Russia 26.8658 26.8998 Intel INTC 50189 21.72 +0.5 27.49 \ • 1 m*d • 2,200 ExxonMbl 71.01 +1.12 254960 composite So. Africa 7.5425 7.7288 Lucent LU 44571 2.50 +0.4 3.22 1.99 23 Texlnst 30.73 +0.21 244990 K. i rs* 2,100 Switzerland 1.2633 1.2661 Microsoft MSFT 40216 28.31 +0.1 28.70 21.46 24 iSUapa'n 13.99 +0.04 228092 Taiwan 33.28 33.35 AMEX - Aj^J Yahoo YHOO 39805 24.49 +4.1 43.66 22.65 31 2,000 Venezuela 2145.92 2147.50 138.35 +0.47 683160 Cisco 38647 24.29 -0.2 24.78 1637 ,27 SPDR JUL AUG SEP OCT csco iShR2Knya 76.40 +0.50 484157 Hi British pound expressed in U.S. Grade ORCL 35668 18.62 . -1-4 1925 11.75 28 SPEngy 56.76 +0.96 298198 Pet change 9h Low Record high: 5,048.62 dollars. All others show dollar in ApldMatl AMAT 35660 17.22 +1.1 21.06 14.39 21 SemiHTr 34.04 +0.70 190764 from previous: +0.50 , 2,359.76 2i338.65 March 10,2000 foreign currency. OilSvHT 137.75 +3.25 145358 NortelNtlf NT 31490 2.23 -13 3.60 1.90 NASDAQ Oct. 25,2006 AMD AMD 28742 20.83 +2.5 42.70 16.90 20 SunMicro 530 +0.14 1264502 Bond Yields Texlnst TXN 24499 30.73 +0.7 36.40 26.77 12 1203007 NasdlOOTr 42.43 +0.30 Yesterday Pvsday Levcl3 5.39 -0.27 540374 Standard & EMCCp EMC 20113 12.62 +2.9 14.75 9.44 29 Prime Rate 8.25 8.25 Intel 21.72 +0.10 501899 Poor's 500 Delllnclf DELL 19809 • 23.07 -0.9 33.22 18.95 19 Discount Rate -6.25 6.25 Amazon 37.68 +4.05 437848 Motorola MOT 18858 2336 +0.9 26.30 18.66 14 Microsoft 2831 +0.03 402167 Federal Funds Rate 5.25 5.1875 BrcdeCm BRCD 18204 8.28 -0.4 8.99 -3.34 44 Yahoo 24.49 +0.96 398051 Treasuries Cisco 24.29 -0.05 386470 Brdcomslf BRCM 17364 28.46 +5.4 50.00 21.98 JUL 3-mos.T-bill 4.99 5.00 Oracle 18.62 -0.27 356681 AUG SEP OCT 2.22 +31.4 U4 6-mos. T-bill 4.98 5.00 AppldDigl AOSX 17004 3.23 ApldMatl 17.22 +0.18 356608 Pel change High Low Record high: 1,527.46 5-yr. T-note 4.75 4.80 AppleCIf AAPL 16899 81.68 +03 86.40 50.16,. 36 from previous: +0.35 1,383.61 1,376.00 March 24,2000 10-yr. T-note 4.77 4.82 SeagateT STX 16160 22.43 +6.2 28.ll 1332 14 Biggest Daily Gainers AP 30-year T-bond 4.88 4.94

Name Close % chg Vol Most Active FINANCIAL NYSE — World Indexes US Indexes vol dose % 52 wk 52 wk company ticker (000) change high low P/E YankCd! 33.73 +17.4 84834 Name last %clifl YTP Name Pay's hlah Pay's low Last %diq cha MillsCplf 19.35 +13.8 35617 Amsterdam 492.71 -0.0 NasdlOOTr 0Q0Q 120300 42.43 +0.7 43.31 .35.54 30 Indus 12147.97 12081.77 12134.68 +0.1 -t-UJ ApplBio 38.04 +13.5 47303 SPDR SPY 68316. 138.35 +0J 139.32 109.22 ScottRepfB 23.02 +12.8 1470 Brussels 4174.17 +0.3 20Transp 4818.36 4731.21 4782.25 +1.1 +14.0 iShR2Knya IWM 48415 76.40 +0.7 7838 61.94 Manitow s 54.37 +12.7 27903 Frankfurt DAX 6264.92 +0.3 15 Utils 454.39 448.58 452.30 +0.8 +11.7 Wabtec 33.05 +11.7 14296 SPEngy XLE 29819 56.76 +1.7 60.15 45.79 FTSE 100 6214.60 +0.5 NasdaqlOO 1729.90 1711.68 1726.76 +0.8 +5.0 ChmpE 8.47 +10.6 27905 Composite 2359.76 2338;65 2356.59 +0.5 +6.9 IShJapan EWJ 22809 13.99 +0.3 15.55 1137 GuangRy 24.75 +10.2 536 Hong Kong Idx 18157.94 +0.0 S&PIQQ 1383.61 1376.00 1382.22 +0.4 +10.7 SemiHTr SMH 19076 34.04 +2.1 40.64 29.02 NorflkSo 53.73 +10.1 101938 CAC-40 5422.28 +0.3 s&P MidCap 790.27 785.13 789.56 +0.4 +7.0 Americdt 26.31 +9.6 69302 OilSvHT OIH 14535 137.75 +2.4 169.75 10820 Nikkei 225 16699.30 -0.5 Russell 2000 768.79 760.28 767.15 +0.6 +14.0 TO Amcritr AMTD 12968 16.11 +1.7 23.02 13.30 17 Sydney «•>* yn 4.n 7 DJ Wilshire TutogenM 6.25 +8.5 2007 5324.70 +0.7 5000 13866.40 13786.43 13854.18 +0.4 +10.7 Citigrp C 12725 50.87 +03 51.33 44.47 10 PanRoyal s 19.70 +83 159 Milan 30290.00 +0.5 internet 229.35 225.63 228.94 +1.7 +2.9 TgtMOT08 8.30 +83 24 BkofAm BAC 11493 54.00 +1.1 5437 42.49 13 Flotek 19.00 +7.4 1746 SPUtil XLU 8601 36.06 +1.1 35.78 30.10 EmpireRs 13.24 +6.8 17566 Biggest Mutual Funds JPMorgCh JPM 8550 .47.27 +0.3 48.57 35.25 Daily Total Return/Rank Candela 13.86 +26.5 21298 Name Obi dose Cha 12-mo 3-Yr Jar CntwdFn CFC 8547 38.74 +33 43.67 30.03 9 BuffaloWW 49.21 +19.2 14144 ,4 +16.2/A +49.1/A +54.9/A DJIADIam DIA 8432 121.39 +0.1 121.25 10220 Vocus n 18.11 +18.7 3441 American Funds A: GwthA p XG .33.40 +0.14 +3 Suprtex 45.48 +16.6 11976 American Funds A: ICAA p LV 35.06 +0.10 +2 ,7 +18.6/C +45.2/D +5D.4/B AmExp AXP 7020 5636 +0.3 58.43 47.67 20 21Cenwt07 13.10 +16.4 19 Vanguard Idx Fds: 500 SP 127.41 +0.45 ..1 +3 ,1 +16.9/A.. +40.7/A +37.8/A Americdt ACF 6930 26.31 +9.6 31.70 12 OrcktCm 8.54 +15.6 16709 American Funds A: WshA p „LV 34.88 +0.07.. +3 ,1 +19.1/C +42.5/D +47.6/C AFLAC AFL 6278 43.65 -2.2 49.65 14 MicroSemi 19.39 +15;3 61451 Fidelity Invest: Contra XG 59.09 +0.34 ...... +3 ,3 +15.3/A +54.5/A..; +74.7/A NeurMtrx 16.17 +14.7 27424 Dodge&Cox: Stock LV. 155.49 +0.34 +3 ,1 +21.1/B.. +64.5/A +93.8/A WellsFgos WFC 5870 36.39 -0.2 36.99 "^R* 15 UnvAmr 18.55 +14.6 34226 PIMCOInstlPIMS:TotRt IB.... 10.37 +0.03. 0.,9...... +3.1/C.. +12.0/A +27.9/A Schwab , SCHW 5841 17.02 +0.2 1833 12.75 23 Stgmatr . 10.35 +13.7 346 ...+2..1 +20.0/A +53.3/A +79.6/A American Funds A: CaplBA p BL 59.77 +0.24. USBancrp USB 5596 33.97 +0.6 33.93 2834 13 American Funds A: IncoA p BL 20.29. +0.05. ...+2,,2 +18.9/A ... +46.4/A +66.0/A 1 American Funds A: CapWGA p GL.... 41.49 +0.16. ...+2,,5 +24.5/A... +74.2/A +111.6/A Biggest Daily Losers American Funds A: EupacA p IL 47.14.. .+0.11. ...+2..2 +27.5/C.. +80.6/B +98.9/B Most Active RETAIL Fidelity Invest: Magelln LG.... 91.06... .+0.22. ...+3..5...... +12.0/A +29.7/B +21.9/B vol dose % 52 wk 52 wk Name Close %chg Vol Vanguard Admiral: SOOAdml :.SP 127.42... ..+0.44. ...+3, .1 +17.0/A.. +41.1/A +38.3/A company ticker (000) price change high low P/E Fidelity Invest: Divlntl IL. 37.56... ,.+0.22. ...+3, .0 +26.6/C +77.9/C +116.5/B Amazon AMZN 43784 37.68 +12.0 50.00 25.76 55 AlliCAMun 15.27 -11.4 3761 Vanguard Instl Fds: Instldx... SP 126.43...... +0.44. ...+3, ,1 +17.0/A.. +41.3/A +38.6/A Crane 38.44 •93 11350 American Funds A: N PerA p GL. .32.5932.59. +0.14..+0.14. +2. ,2 +22.2/B +59.7/C +75.1/B WalMart WMT 17112 5035 -0.9 52.15 42.31 20 AlliNtlMun 1537 -8.8 5308 Fidelity Invest: LowP r MV.„ 41.54 +0.23 +2. .5 +17.5/C +60.8/C. +116.5/A eBay EBAY 14700 32.08 +23 4736 22.83 43 Coming 21.10 -8.8 600634 Gettylm 41.97 -8.7 66496 Vanguard Idx Fds: TotStk JCC ..33.21 +0.13 +3. ,2. +16.8/B +44.4/B +48.2/C HomeDp HD 11960 36.60 +03 43.95 3235 13 American Funds A: BalA p BL 19.07. +0.05 +1. ,8 +12.1/B +30.4/C +46.7/A Tenneco 22.18 -83 14700 RadioShk RSH 10804 17.45 -7.7 23.95 13.73 15 RadioShk 17.45 -7.7 108049 Vanguard Fds: Wndsll LV 35.33 +0.18 +2, ,4 +17.9/D +58.3/A +62.2/A Lowes s LOW 9986 30.00 -1.5 34.85 26.15 15 CopaHold n 3730 -7.2 3126 American Funds A: FdlnvA p LV 40.43 +0.16 +3. .2 +23.0/A +63.3/A. +69.7/A SlerraHSs 35.30 -7.1 20056 Fidelity Invest: Grolnc LC 30.63...... +0.27 +3,,2 +10.3/E +28.4/D +22.1/D CVSCp CVS 7974 3037 -1.8 36.14 2339 20 StanlWk 47.98 -6.6 28855 Vanguard Fds: Welltn BL 33.14...... +0.14 +2.,0. +15.2/A +41.7/A +55.4/A Walgm WAG 6057 43.02 -1.9 51.60 39.55 25 Fidelity Invest: GroCo XG .66.67 +0.25 +3..2 +12.8/B +40.0/B +36.7/B Costco COST 5121 5237 +0.2 57.94 46.00 23 TgtS06n 7.75 -5.5 • 28 Fidelity Invest: Eq Inc.. El 59.33 +0.29 +3. .1 +21.6/A. +50.0/C +55.6/B IntegBioPh 9.29 -5.2 1219' Frank/Temp Frnk A: IncomA p BL 2.62. +0.01 +1,.6 +15.1/A +40.1/A +72.5/A Safeway SWY 5026 28.51 +0.4 31.42 21.67 17 AmBiltrt 10.01 ~ -4.5 5 Dodge&Cox: Balanced BL 88.31. +0.18 +2.,0 +14.7/A +43.5/A +71.7/A Staples SPLS 4974 25.97 +0.4 27.71 21.08 21 HawkCorp •4.4 187 13.57 Dodge&Cox: IntlStk IL 41.49 +0.16. +2..9 +28.3/B. +104.2/A +157.3/A Jinpan 13.91 -4.1 1089 RlteAid RAD 4928 4.40 -13 4.90 3.23 2 Frank/Temp Temp A: GrwthA p GL 24.56 +0.11 +2,.5 +22.5/B +61.6/B ; +87.5/B BestBuy BBY 4867 54.53 -13 59.50 22 Lifecell 23.82 •25.2 125921 Fidelity Invest: Puritn BL 19.80 +0.08 +2, .0 +15.3/A +36.8/A +48.1/A SelCmfrts 20.77 -17.1 41425 Gap GPS 4565 19.73 -1.1 20.13 • 19 GR = Growth. Gl = Growth & Income. SS = Single-state Muni. MP = Mixed Portfolio. LG = Long-term US Govt. El = Equity Integral 2636 -16.6 4191 UrbanOut URBN 4565 18.38 -1.9 33.77 13.65 26 Saialnc 27.02 -15.6 8524 Income. SC = Small Co Growth. CP = Cap Appreciation. IL = International. Total Return: Change in NAV with dividends FedrDSs FD 3928 44.45 -1.1 45.01 28.78 17 BTU Int 9.73 -14.9 19677 reinvested. Rank: How fund performed vs. others with same objective: A is in top 20%, E in bottom 30%. Pet Load: Sales-charge. FlberTowr n 7.21 -14.7 14599 Min init Invt: Minimum $ needed to Invest in fund. NA = Not avail. NE - Data in question: NS = Fund not in existence. Stock Kohls KSS 3805 71.98 -2.0- 73.65 42.78 27 Footnotes:n=New in past 52 weeks, pf = Preferred, s = Split or stock dividend of 20 percent or more in past 52 weeks, rt = Osiris n. 14.85 -14.0 3318 BedBath BBBY 3781 39.60 +0.4 44.10 30.92 20 EncorW 3133 -13.4 33696 Rights, u = Units, v + Trading halted on primary market, v] = In bankruptch or receivership, wd = When distributed, wi = When Travelzoo 33.90 -123 30619 issued, wt = Warrente. ww = With warrants. Mutual Fun Footnotes: x = Ex cash dividend. NL = No up-front sales charge, p = Target TGT 3777 58.07 -1.7 59.85 44.70 20 Fund assets used to pay distribution costs, r = Redemption fee or contingent deferred sales load may apply, t = Both pand r. Zevex 5 7.51 -12.2 3046 TJX " TJX 3679 29.09 -1.6 29.74 2032 19 Gainers and Lasers must be worth at least $2 to be listed in tables at left Most Actives must be worth at least $1.