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MATTER OF NIAGARA MOHAWK POWER CORP. v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

169 A.D.2d 943 (1991)

In the Matter of Niagara Mohawk Power Corporation, Appellant, v. New York State Department of Environmental Conservation et al., Respondents

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

January 24, 1991

Mercure, J.

Petitioner is licensed to operate a hydroelectric power plant on the Hudson River at the Village of Hudson Falls, Washington County, and has an application pending with the Federal Energy Regulatory Commission for a license to redevelop and continue operation of its facility. In connection with the application process, respondent Department of Environmental Conservation (hereinafter DEC) required tests of the location and content of sediment...

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