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NIAGARA MOHAWK CORP. v. DEC

187 A.D.2d 7 (1993)

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

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

January 7, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Kathleen Liston Morrison, Peter H. Schiff, Val E. Washington and Maureen F. Leary of counsel), for appellants.

Brian K. Billinson, Syracuse, and Hiscock & Barclay, Albany (Timothy P. Sheehan of counsel), for respondent.

WEISS, P. J., MERCURE, CREW III and CASEY, JJ., concur.

YESAWICH JR., J.

Petitioner, a private, investor-owned utility company which owns and operates hydroelectric facilities throughout the State, recently applied to the Federal Energy Regulatory Commission (hereinafter FERC) for licenses enabling it to construct several new facilities and to perform dam repair or reconstruction work on existing ones, and anticipates filing similar additional applications in the near...

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