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PHILADELPHIA v. NIAGARA POWER

207 A.D.2d 176 (1995)

Philadelphia Corporation et al., Respondents-Appellants, v. Niagara Mohawk Power Corporation, Appellant-Respondent

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

January 19, 1995

Attorney(s) appearing for the Case

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

Dewey Ballantine, New York City (Wayne A. Cross and Laura K. Brecher of counsel), and Couch, White, Brenner, Howard & Feigenbaum, Albany (Paul A. Feigenbaum and Leonard H. Singer of counsel), for respondents-appellants.

MERCURE, WHITE, CASEY and PETERS, JJ., concur.

CARDONA, P. J.

Plaintiffs are the owners of hydroelectric generating facilities which sell their electricity to defendant, a public utility, pursuant to contract and the requirements of the Federal Public Utility Regulatory Policies Act (16 USC § 824a-3) and Public Service Law § 66-c. At issue are 20 output contracts, 17 of which define the electricity to...

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