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LILCO v. PSC.

137 A.D.2d 205 (1988)

In the Matter of Long Island Lighting Company, Appellant, v. Public Service Commission of the State of New York et al., Respondents

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

May 19, 1988

Attorney(s) appearing for the Case

Anthony F. Earley, Jr. (John R. McDermott, Robert E. Fernandez and Jeffrey S. Antin of counsel), for appellant.

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

Skadden, Arps, Slate, Meagher & Flom (Richard Simon, Edwin E. McAmis and John Curran of counsel), for American REF-FUEL Company of Hempstead, respondent.

WEISS, LEVINE, HARVEY and MERCURE, JJ., concur.

KANE, J. P.

In early 1985, respondent American REF-FUEL Company of Hempstead (hereinafter REF-FUEL) began negotiations with petitioner, Long Island Lighting Company (hereinafter LILCO), regarding LILCO's purchase of electricity from REF-FUEL, as required by statute (see, Public Service Law § 66-c). REF-FUEL was planning to build and operate a solid waste-to-energy facility in the Town of Hempstead...

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