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CRUCIBLE CORP. v. POWER AUTH.

No. 124

13 N.Y.3d 223 (2009)

In the Matter of CRUCIBLE MATERIALS CORPORATION et al., Respondents, v. NEW YORK POWER AUTHORITY, Appellant.

Court of Appeals of New York.

Decided October 20, 2009.

Attorney(s) appearing for the Case

Terryl Brown Clemons, General Counsel, New York Power Authority, White Plains (Eileen P. Flynn and Arthur T. Cambouris of counsel), for appellant.

Couch White, LLP, Albany (James J. Barriere, Robert M. Loughney, Michael T. Wallender and Nathan R. Sabourin of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, PIGOTT and JONES concur with Judge GRAFFEO; Judge READ dissents in part in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

GRAFFEO, J.

This case involves a controversy between the New York Power Authority (NYPA) and manufacturers that participate in the Power for Jobs (PFJ) program. At issue is the proper interpretation of certain 2006 amendments to Economic Development Law § 189.

The Power for Jobs program was originally enacted in 1997 to ameliorate the effects of energy deregulation, which had led to increases in energy costs and unpredictable...

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