The 1988 power purchase agreement in issue, as amended, provided for an annual baseline of 450,000 megawatts to be produced by plaintiff and purchased by defendant. Plaintiff's facility was not in full operation until 1991, at which time it started to produce, and defendant started to purchase, all of the electricity produced in accordance with the agreement. In 1992 (L 1992, ch 519, § 4), Public Service Law § 66-c, which governs the agreement, was amended to add...
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