NEW YORK STATE ELEC. & GAS CORP. v. SARANAC POWER PARTNERS

No. 97-CV-1169.

117 F.Supp.2d 211 (2000)

NEW YORK STATE ELECTRIC & GAS CORPORATION, Plaintiff, v. SARANAC POWER PARTNERS, L.P.; Lockport Energy Associates, L.P.; The Federal Energy Regulatory Commission; The Public Service Commission of the State of New York and The Chairman, The Deputy Chairman and the Individual Commissioners of the Public Service Commission of the State of New York, Defendants.

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

September 29, 2000.


Attorney(s) appearing for the Case

Huber Lawrence & Abell, New York City, NY, for plaintiff, Richard M. Lorenzo, Jonathan D. Schneider, of counsel.

Akin Gump Strauss Hauer & Feld, L.L.P., Washington, D.C., for defendant Saranac, Merrill L. Kramer, Daniel Joseph, of counsel.

Chadbourne & Parke, L.L.P., Washington, D.C., for defendant Lockport, Robert F. Shapiro, Lynn N. Hargis, of counsel.

Federal Energy Regulatory Commission, Washington, D.C., David H. Coffman, of counsel, Public Service Commission of the State of New York, Albany, New York, Carl F. Patka, Michelle L. Phillips, of counsel, Latham & Watkins, Washington, D.C., for Electric Power Supply Association, Amicus Curiae, Edward J. Shapiro, Jared W. Johnson, of counsel.

Cohen Dax & Koenig, P.C., Albany, New York, for National Power Lenders Forum, Amicus Curiae, John W. Dax, of counsel.

Read and Laniado, Albany, New York, for Independent Power Producers of New York, proposed intervenor, Howard S. Read, Davis B. Johnson, of counsel.


MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

I. Introduction

In 1978, Congress passed the Public Utilities Regulatory Policies Act ("PURPA"), 16 U.S.C. § 824a-3, as part of a package of legislation1 entitled the "National Energy Act." PURPA was designed to promote long-term economic growth by reducing the nation's reliance on oil and gas, encourage the development of alternative energy sources and thereby...

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