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STAPENHORST, INC. v. PSC

146 A.D.2d 422 (1989)

In the Matter of F.W.E. Stapenhorst, Inc., 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.

May 18, 1989.

Attorney(s) appearing for the Case

William J. Cowan (Jonathan D. Feinberg of counsel), for Public Service Commission of the State of New York, appellant.

Huber, Lawrence & Abell (Kenneth M. Jasinski and Sarah Barish-Straus of counsel), for New York State Electric & Gas Corporation, appellant.

Read & Laniado (Craig M. Indyke of counsel), and Melvin & Melvin for respondent.

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

HARVEY, J.

On November 9, 1978, the Public Utility Regulatory Policies Act (hereinafter PURPA) became effective (16 USC § 2601 et seq.). PURPA was designed to encourage the development of small hydroelectric production facilities by requiring utility companies to purchase the newly created hydroelectric power at just and reasonable rates. On that same day, petitioner entered into a contract with...

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