NEW YORK STATE ELEC. & GAS v. SARANAC POWER PART.

Docket No. 00-6346.

267 F.3d 128 (2001)

NEW YORK STATE ELECTRIC & GAS CORPORATION, a/k/a New York State Gas & Electric Corporation, Plaintiff-Appellant, v. SARANAC POWER PARTNERS, L.P., Lockport Energy Associates, L.P., Federal Energy Regulatory Commission, The Public Service Commission of the State of New York, The Chairman of the Public Service Commission of the State of New York, The Deputy Chairman of the Public Service Commission of the State of New York and Individual Commissioners of the Public Service Commission of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: October 5, 2001.


Attorney(s) appearing for the Case

Richard M. Lorenzo, Esq., New York, N.Y. (Katherine W. Constan, Esq., Huber Lawrence & Abell, New York, NY, on the brief), for Plaintiff-Appellant.

Merrill L. Kramer, P.C., Washington, D.C., (Daniel Joseph, Esq. and Michael L. Converse, Esq., Akin, Gump, Strauss, Hauer & Feld, L.L.P., on the brief), for Defendant-Appellee Saranac Power Partners, L.P.

Robert F. Shapiro, Esq., Washington, D.C., (Lynn N. Hargis, Esq., Chadbourne & Parke LLP, on the brief), for Defendant-Appellee Lockport Energy Associates, L.P.

Michelle L. Phillips, Esq., Albany, N.Y., (Lawrence G. Malone, Esq., on the brief), for Defendant-Appellee Public Service Commission of the State of New York.

David H. Coffman, Esq., Washington, D.C., (Dennis Lake, Solicitor, and Kevin P. Madden, Esq., on the brief), for Defendant-Appellee Federal Energy Regulatory Commission.

Before: MINER and LEVAL, Circuit Judges, and SCULLIN, District Judge.


PER CURIAM:

Plaintiff New York State Electric & Gas Corporation ("NYSEG") appeals from a judgment entered on September 29, 2000, in the United States District Court for the Northern District of New York (Mordue, J.), dismissing its complaint against the Federal Energy Regulatory Commission ("FERC"), the Public Service Commission of the State of New York ("PSC") and various officials of the PSC, Saranac Power Partners, L.P. ("Saranac"), and Lockport Energy Associates...

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