IN RE MEGAN-RACINE ASSOCIATES, INC.

No. 96-CV-292 (RSP).

198 B.R. 650 (1996)

In re MEGAN-RACINE ASSOCIATES, INC., Debtor.

United States District Court, N.D. New York.

July 12, 1996.


Attorney(s) appearing for the Case

Menter, Rudin & Trivelpiece, P.C., Syracuse, NY (Mitchell J. Katz, Jeffrey A. Dove, of counsel), Nixon, Hargrave, Devans & Doyle, L.L.P., Washington, DC (Robert L. Daileader, Jr., of counsel), for Megan-Racine Associates, Inc.

Swidler & Berlin, Chtd., Washington, DC (Michael L. Shor, Edward Berlin, Robert V. Zener, William J. Mertens, of counsel), Brian K. Billinson, Syracuse, NY, for Niagara Mohawk Power Corp.

Hancock & Estabrook, L.L.P., Syracuse, NY (Stephen A. Donato, Michael C. Griffen, of counsel), for Kraft Foods, Inc.

Dewey Ballantine, for Federal Deposit Insurance Corp., Washington, DC (Earle H. O'Donnell, Zori G. Ferkin, of counsel), Dewey Ballantine, New York City (Sandor E. Schick, Wayne A. Cross, of counsel), Hodgson, Russ, Andrews, Woods & Goodyear, L.L.P., Albany, NY (Deborah L. Kelly, of counsel), for Federal Deposit Insurance Corp.

House, Kingsmill, Riess & Seabolt, L.L.P., New Orleans, LA (Marguerite K. Kingsmill, W. Richard House, of counsel), for Hudson Engineering Corp.


MEMORANDUM-DECISION AND ORDER

POOLER, District Judge.

INTRODUCTION

Niagara Mohawk Power Corp. ("Niagara") seeks to terminate its obligation to pay for the electricity it purchases from debtor Megan-Racine Associates, Inc. ("Megan") at the rate specified in New York's former six-cent law.1 The six-cent law required utilities like Niagara to purchase electricity from co-generators such as Megan at a minimum rate of six...

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