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MATTER OF EASTERN NIAGARA PROJECT POWER ALLIANCE v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

42 A.D.3d 857 (2007)

840 N.Y.S.2d 225

In the Matter of EASTERN NIAGARA PROJECT POWER ALLIANCE et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 26, 2007.

Spain, J.

The Niagara Power Project, operated by respondent New York Power Authority (hereinafter NYPA), is a hydroelectric facility located on the Niagara River which produces 10% of the electricity supplied to New York State. The Project was originally licensed in 1958 by the Federal Power Commission; that license will expire in August 2007. Pursuant to the Federal Power Act, the Federal Energy Regulatory Commission (hereinafter FERC) is the regulatory body which...

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