MATTER OF XIOX CORP. v. PSC


190 A.D.2d 350 (1993)

In the Matter of Xiox Corporation, Appellant, et al., 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.

June 3, 1993


Attorney(s) appearing for the Case

Cohen, Dax, Koenig & Wiles, P. C., Albany (John W. Dax of counsel), for appellant.

William J. Cowan, Albany (Jonathan D. Feinberg of counsel), for Public Service Commission of the State of New York, respondent.

Hiscock & Barclay, Albany (David E. Blabey of counsel), and Swidler & Berlin, Washington, D.C., for Niagara Mohawk Power Corporation, respondent.

WEISS, P. J., CREW III, MAHONEY and HARVEY, JJ., concur.


YESAWICH JR., J.

The Federal Public Utility Regulatory Policies Act (hereinafter PURPA; see, 16 USC § 824a-3) and the Public Service Law (see, Public Service Law § 66-c) require public utility companies such as respondent Niagara Mohawk Power Corporation to purchase electricity from Federally qualified alternate energy producing facilities (hereinafter qualifying facilities). Respondent...

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