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ALLIED CHEM v. NIAGARA MOHAWK

129 A.D.2d 233 (1987)

Allied Chemical, an Operating Unit of Allied Corporation, Appellant, v. Niagara Mohawk Power Corporation et al., Respondents

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

July 10, 1987

Attorney(s) appearing for the Case

White, Brenner & Feigenbaum (Paul A. Feigenbaum, Algird F. White, Jr., and James W. McTarnaghan of counsel), for appellant.

LeBoeuf, Lamb, Leiby & McCrae (Leon Allen and John W. Dax of counsel), for Niagara Mohawk Power Corporation, respondent.

Robert A. Simpson and David E. Blabey (Marilyn Mann Faulkner and Glenn D. Haake of counsel), for Public Service Commission of the State of New York, respondent.

CALLAHAN, J. P., DENMAN, BOOMER and LAWTON, JJ., concur.

BALIO, J.

Allied Chemical operated an electric generating facility for use in operating its manufacturing plant in Solvay, New York. The facility was constructed prior to 1978, and is considered an "old capacity" facility for purposes of the Public Utility Regulatory Policies Act of 1978 (PURPA) (16 USC § 2601 et seq.) and implementing regulations (18 CFR 292.304). In its proceedings to implement...

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