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POWER AUTH v. NYS ENVIRON

86 A.D.2d 57 (1982)

In the Matter of The Power Authority of the State of New York, Appellant, v. New York State Department of Environmental Conservation, Respondent, and Catskill Center for Conservation and Development, Inc., et al., Intervenors-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 8, 1982

Attorney(s) appearing for the Case

Thomas R. Frey (Charles M. Pratt, Peter A. Guintini, James D. Lyons and Jennifer G. Tolson of counsel), for appellant.

Robert Abrams, Attorney-General (Lawrence A. Rappoport and Shirley Adelson Siegel of counsel), for respondent.

Norwick, Raggio, Jaffe & Kayser (Robert C. Stover of counsel), for intervenors-respondents.

KANE, J. P., CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

MAIN, J.

At some point in time during April of 1976, the Power Authority of the State of New York (hereafter Authority) made application to the Federal Energy Regulatory Commission (hereafter FERC) for a license to construct and operate a hydroelectric pumped storage power facility at Prattsville, New York, using as the supplier and receiver of water the already constructed Schoharie Reservoir on Schoharie Creek...

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