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INDECK-YERKES ENERGY v. PSC

164 A.D.2d 618 (1991)

In the Matter of Indeck-Yerkes Energy Services, 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.

January 24, 1991

Attorney(s) appearing for the Case

William J. Cowan (James W. Brew of counsel), for Public Service Commission of the State of New York, appellant.

Le Boeuf, Lamb, Leiby & MacRae (Cathleen A. McNulty, Jeffrey W. Meyers and H. Peter Young of counsel), for Niagara Mohawk Power Corporation, appellant.

Saperston & Day, P. C. (Daniel M. Darragh of counsel), for respondent.

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

LEVINE, J.

Petitioner owns and operates a cogeneration facility (hereinafter the facility) in the Town of Tonawanda, Erie County, that is qualified under the Federal Public Utility Regulatory Policies Act (16 USC § 824a-3) (hereinafter PURPA) and Public Service Law § 66-c for the mandatory purchase of its electric energy production by public utilities. PURPA provides that such purchases shall be paid...

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