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STEVENS CO. v. NIAGARA MOHAWK

1 N.Y.3d 158 (2003)

802 N.E.2d 1084

770 N.Y.S.2d 686

STEVENS AND THOMPSON PAPER COMPANY, INC., Appellant, v. NIAGARA MOHAWK POWER CORPORATION, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 2003.

Attorney(s) appearing for the Case

Read and Laniado, LLP, Albany (Howard J. Read and Steven D. Wilson of counsel), for appellant.

Kevin P. Glasheen, Albany, and Hiscock & Barclay, LLP (Michael J. Smith of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT and GRAFFEO concur; Judge READ taking no part.

OPINION OF THE COURT

CIPARICK, J.

This appeal requires us to determine whether a power purchase agreement (PPA) between a utility, Niagara Mohawk (NIMO), and a generator of electricity, Stevens and Thompson (S&T), is subject to the grandfathering provisions of Public Service Law § 66-c (2) (a) (ii), and thus subject to the six cent per kilowatt hour minimum rate for the 7.5 megawatts of "new" capacity...

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