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OCCIDENTAL v. PUB. SERV.

114 A.D.2d 149 (1986)

In the Matter of Occidental Chemical Corporation, Respondent, v. Public Service Commission of the State of New York et al., Appellants

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

February 20, 1986

Attorney(s) appearing for the Case

David E. Blabey (Timothy P. Sheehan of counsel), for Public Service Commission of the State of New York, appellant.

LeBoeuf, Lamb, Leiby & MacRae (Grant S. Lewis and Nancy I. Ruskin of counsel), for Niagara Mohawk Power Corporation, appellant.

Whiteman, Osterman & Hanna (Michael Whiteman of counsel), and Sutherland, Asbill & Brennan (Earle H. O'Donnell of counsel), for respondent.

MAHONEY, P. J., KANE, MIKOLL and HARVEY, JJ., concur.

LEVINE, J.

Petitioner owns and operates a facility adjoining its chemical plant in Niagara Falls which produces both electric and steam power from the municipal waste materials of nearby towns and cities. In 1982, petitioner applied to respondent Public Service Commission (PSC) for a ruling that respondent Niagara Mohawk Power Corporation (Niagara Mohawk) was required to purchase petitioner's energy production...

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