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COASTAL POWER CO. v. PSC

153 A.D.2d 235 (1990)

In the Matter of Coastal Power Production Company et al., Respondents, v. New York State Public Service Commission et al., Appellants

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

February 1, 1990

Attorney(s) appearing for the Case

William J. Cowan (Lawrence G. Malone of counsel), for appellant.

LeBoeuf, Lamb, Leiby & MacRae (Thomas G. Rohback and Michael W. Murphy of counsel), for appellant.

Nixon, Hargrave, Devans & Doyle (Robert L. Daileader and Jeanne M. Bennett of counsel), and Carl E. Wasmuth, Jr., for respondents.

MAHONEY P. J., CASEY, WEISS and HARVEY, JJ., concur.

KANE, J.

In December 1987, respondent Niagara Mohawk Power Corporation (hereinafter Niagara Mohawk) executed a contract with an independent power producer, Turner Power Group, Inc. (hereinafter Turner), for the sale of electricity from the soon-to-be-developed Fulton cogeneration project (hereinafter the Fulton project). The contract provided for Niagara Mohawk to pay Turner at a variable rate based on the greater...

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