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NIAGARA MOHAWK POWER v. PSC.

138 A.D.2d 63 (1988)

In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Public Service Commission of the State of New York et al., Respondents, and Penntech Papers, Inc., Intervenor-Respondent

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

June 16, 1988

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae (Jeffrey W. Meyers of counsel), and Gary J. Lavine, for appellant.

Robert A. Simpson (Kathryn C. Brown of counsel), for Public Service Commission of the State of New York, respondent.

Cohen & Dax (Jeffrey C. Cohen of counsel), for Shawmut Engineering Company, Inc., respondent.

Wickwire, Gavin & Gibbs, P. C. (Michael Kessler of counsel), and Roland & Fogel (Usher Fogel of counsel), for intervenor-respondent.

CASEY, J. P., WEISS, LEVINE and MERCURE, JJ., concur.

YESAWICH, JR., J.

Section 210 of the Public Utility Regulatory Policies Act of 1978 (hereinafter PURPA) (16 USC § 824a-3) was enacted to foster the development of cogeneration and small power production facilities and thereby reduce this country's dependence on fossil fuels (see generally, Matter of Consolidated Edison Co. v Public Serv. Commn., 63 N.Y.2d 424

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