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MTR OF POWER AUTH v. FLACKE

94 A.D.2d 69 (1983)

In the Matter of The Power Authority of the State of New York, Petitioner, v. Robert F. Flacke, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents, and Catskill Center for Conservation and Development, Inc., et al., Intervenors-Respondents 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.

June 9, 1983

Attorney(s) appearing for the Case

Stephen L. Baum (Charles M. Pratt of counsel), for appellant.

Robert Abrams, Attorney-General (Lawrence A. Rappoport of counsel), for respondents.

Raggio, Jaffe, Kayser & Hunting (Robert C. Stover and Stanley Bryer of counsel), for intervenors-respondents.

George J. Pulver, County Attorney (Charles J. Brown of counsel), for County of Green, amicus curiae.

Charles H. Schaefer for Town of Prattsville, amicus curiae.

SWEENEY, J. P., MAIN, CASEY and WEISS, JJ., concur.

KANE, J.

In or about April, 1976, the Power Authority of the State of New York (the Authority) applied to the Federal Energy Regulatory Commission (FERC) (formerly the Federal Power Commission) for a license to construct and operate a hydroelectric pumped storage power facility at Prattsville, New York. The proposed facility would use the Schoharie Reservoir on Schoharie Creek as the receiving reservoir. A new...

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