STEVENS & THOMPSON PAPER COMPANY, INC. v. NIAGARA MOHAWK POWER CORPORATION


49 A.D.3d 1011 (2008)

853 N.Y.S.2d 423

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

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

Decided March 13, 2008.


Mercure, J.P.

Plaintiff owned and operated a paper mill and hydroelectric power plant located on the Battenkill River in the hamlet of Middle Falls, Washington County, and obtained utility service from defendant. Pursuant to a 1987 agreement between the parties (hereinafter the PPA), defendant agreed to purchase the full energy output generated by plaintiff's hydroelectric power plant at specified contractual rates. As relevant here, the PPA required plaintiff to...

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