No. 95-CV-634.

162 F.Supp.2d 107 (2001)

NIAGARA MOHAWK POWER CORPORATION, Plaintiff, New York State Electric & Gas Corporation, Plaintiff-Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, New York State Public Service Commission, Harold A. Jerry, Jr., Lisa Rosenblum, William D. Cotter, Raymond J. O'Connor and John F. O'Mara, Defendants, Independent Power Producers of New York, Inc., Defendant-Intervenor.

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

August 27, 2001.

Attorney(s) appearing for the Case

Michael W. Murphy, Niagara Mohawk Power Corporation, Syracuse, New York, Edward Berlin, Robert V. Zener, Swidler Berlin Shereff Friedman, L.L.P., Washington, D.C., for plaintiff.

Richard M. Lorenzo, Jonathan D. Schneider, Huber Lawrence & Abell, New York City, for plaintiff-intervenor.

Monique Penn-Jenkins, Federal Energy Regulatory Commission, Washington, D.C., Lawrence G. Malone, Jonathan D. Feinberg, Public Service Commission of the State of New York, Albany, New York, Howard S. Read, David B. Johnson, Read and Laniado, Albany, New York, for defendant-intervenor.


MORDUE, District Judge.

I. Introduction

The present matter arises in substantial part from the Public Utilities Regulatory Policies Act ("PURPA"), codified at 16 U.S.C. § 824a-3. PURPA was intended by Congress to promote long-term economic growth by reducing the nation's reliance on oil and gas, to encourage the development of alternative energy sources and thereby to combat a nationwide energy crisis....

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