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F.W.E. STAPENHORST v. PSC

75 N.Y.2d 577 (1990)

In the Matter of F.W.E. Stapenhorst, Inc., Respondent, v. Public Service Commission of the State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided April 26, 1990.

Attorney(s) appearing for the Case

Lawrence G. Malone, William J. Cowan and Jonathan D. Feinberg for Public Service Commission of the State of New York, appellant.

Kenneth M. Jasinski and Sarah Barish-Straus for New York State Electric & Gas Corporation, appellant.

Craig M. Indyke and Ronald S. Carr for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

Petitioner F.W.E. Stapenhorst, Inc. (Stapenhorst), a private hydroelectric producer, contracted in 1978 to provide electricity for 20 years to New York State Electric and Gas Corporation (NYSEG) at an agreed price structure. Stapenhorst has tried to reform the contract price to gain the incentive benefits of Federal and State price support programs. Appellants...

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