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STATE ELEC. CORP v. ENERGY BD

221 A.D.2d 121 (1996)

645 N.Y.S.2d 145

In the Matter of New York State Electric & Gas Corporation, Appellant, v. New York State Energy Planning Board et al., Respondents

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

July 11, 1996

Attorney(s) appearing for the Case

Huber, Lawrence & Abell, New York City (Michael Guararra and Nicholas A. Giannasca of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh and Naney A. Spiegel of counsel), for New York State Energy Planning Board, respondent.

Read & Laniado, L. L. P., Albany (David B. Johnson and Howard J. Read of counsel), for Indeck Energy Services of Silver Springs, Inc., respondent.

CARDONA, P. J., MERCURE, WHITE and CASEY, JJ., concur.

PETERS, J.

Pursuant to Energy Law article 6, respondent New York State Energy Planning Board (hereinafter the Board) is required to adopt an energy plan every four years (see, Energy Law § 6-102 [3] [a]; § 6-106 [1]). In furtherance thereof, the Board has adopted regulations which direct major energy suppliers, including investor-owned utilities and alternative power producers, to file certain...

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