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NIAGARA MOHAWK POWER v. PSC

164 A.D.2d 502 (1990)

In the Matter of Niagara Mohawk Power Corporation, Petitioner, 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.

December 20, 1990

Attorney(s) appearing for the Case

Swidler & Berlin (Carmen D. Legato and Paul Kaleta of counsel), and Bower & Gardner (Kenneth L. Shapiro and Filip Tiffenberg of counsel), for petitioner.

William J. Cowan (Lawrence G. Malone of counsel), for Public Service Commission, respondent.

Dickstein, Shapiro & Morin (Frederick M. Lowther, Beth L. Webb and Johannes W. Williams of counsel), for JMC Selkirk, Inc., respondent.

CASEY, LEVINE and MERCURE, JJ., concur with MAHONEY, P. J.; WEISS, J., dissents and votes to annul in an opinion.

MAHONEY, P. J.

Respondent JMC Selkirk, Inc. (hereinafter Selkirk) decided to construct in two phases a natural gas-fired cogeneration facility at the site of a General Electric (hereinafter GE) factory in the Town of Bethlehem, Albany County, within petitioner's gas franchise area. Electricity and steam generated during the first phase will be sold to petitioner and...

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