What is the burden of proof for an order of instruction to the New York State Energy Commission?

All parties are agreed that an order of instruction to the commission falls within the discretionary and statutory powers of the court before whom the proceedings are pending (Condemnation Law Sec. 26). All are agreed there is no statute fixing 'the burden of proof', and little, if any, decisional law in this particular field in our state. (cf. Heyert v. Orange & Rockland Utilities, 17 N.Y.2d 352, 364, 271 N.Y.S.2d 201, 210, 218 N.E.2d 263, 270.) But none agree [57 Misc.2d 1034] completely as to which party must first go forward with the proof.