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CON EDISON v. PUB. SERV. COMM.

63 N.Y.2d 424 (1984)

In the Matter of Consolidated Edison Company of New York, Inc., Respondent, v. Public Service Commission of State of New York, Appellant; Occidental Chemical Corporation, Intervenor; and Brooklyn Union Gas Company, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided October 25, 1984.

Attorney(s) appearing for the Case

Timothy P. Sheehan and David E. Blabey for appellant.

Bernard L. Sanoff, Joy Tannian, Peter Garam, John D. McMahon and Celeste A. Contrucci for respondent.

Earle H. O'Donnell, Michael Whiteman, Edward J. Grenier, Jr., John D. Sharer and Michael L. Denger for intervenor.

Robert Abrams, Attorney-General (Peter H. Schiff, Stanley B. Klimberg and Howard A. Fromer of counsel), for New York State Energy Office, amicus curiae.

Zachary Shimer, John B. O'Sullivan, Rigdon H. Boykin, Bernays T. Barclay, Robert S. Shapiro, Robert McK. Hunziker, John T. Ferguson, II, John E. Murray and Stephen J. Wing for International Paper Company and others, amici curiae.

Peter W. Brown for the New York Alliance for Hydroelectric Energy, amicus curiae.

Herman B. Noll for Niagara Mohawk Power Corporation, amicus curiae.

Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur; Judge JASEN taking no part.

Chief Judge COOKE.

The Public Utility Regulatory Policies Act of 1978 (PURPA) (Pub L 95-617) does not preempt this State from requiring electric utilities to offer to buy energy from those alternate energy producers, that qualify under both Federal and State law, at a rate in excess of the maximum rate under PURPA. However, the State is preempted by provisions of the Federal Power Act (FPA) from requiring electric...

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