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MTR CON ED v. PSC

98 A.D.2d 377 (1983)

In the Matter of Consolidated Edison Company of New York, Inc., Petitioner, v. Public Service Commission, Respondent, and Brooklyn Union Gas Company, Intervenor-Respondent

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

December 30, 1983

Attorney(s) appearing for the Case

Kronish, Lieb, Shainswit, Weiner & Hellman (Bernard L. Sanoff of counsel), and Joy Tannian, Peter Garam, John D. McMahon and Celeste A. Contrucci for petitioner.

David E. Blabey (Howard J. Read of counsel), for respondent.

Cullen & Dykman (William R. Coleman, Joseph P. Stevens, James F. Matthews and Theresa Mady Grove of counsel), for intervenor-respondent.

Chadbourne, Parke, Whiteside & Wolff for American Paper Institute, Inc., amicus curiae.

MAHONEY, P. J., KANE, YESAWICH, JR., and WEISS, JJ., concur.

MAIN, J.

On November 9, 1978, the Public Utility Regulatory Policies Act of 1978 (PURPA) was signed into law as part of the Federal response to the nationwide energy crisis. Section 210 of PURPA (US Code, tit 16, § 824a-3) was designed to encourage the development of alternate energy sources, and thereby decrease dependence on traditional fossil fuels, by requiring...

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