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CONSOLIDATED EDISON v. N.Y. DEPT. OF ENV. CONSERV.

No. 88 Civ. 3748 (LLS).

726 F.Supp. 1404 (1989)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Defendant.

United States District Court, S.D. New York.

July 25, 1989.

Attorney(s) appearing for the Case

Brent L. Brandenburg, Consolidated Edison Co. of New York, Inc., New York City, for plaintiff.

Stuart Miller, Asst. Atty. Gen., New York State Dept. of Law, New York City, for defendant.

OPINION AND ORDER

STANTON, District Judge.

Defendant moves to dismiss the complaint under Fed.R.Civ.P. 12(b)(1) and (6). The motion is granted.

BACKGROUND

Plaintiff Consolidated Edison Company of New York, Inc. ("Con Ed") owns and operates Indian Point Unit No. 2 Nuclear Generating Station ("Indian Point"), Ravenswood Generating Station ("Ravenswood"), and Arthur Kill Generating Station ("Arthur Kill"). Defendant New York State Department...

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