Legal Opinion

Xiox Corp. v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1993PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich Jr., J.

The Federal Public Utility Regulatory Policies Act (hereinafter PURPA; see, 16 USC §824a-3) and the Public Service Law (see, Public Service Law § 66-c) require public utility companies such as respondent Niagara Mohawk Power Corporation to purchase electricity from Federally, qualified alternate energy producing facilities (hereinafter qualifying facilities). Respondent Public Service Commission (hereinafter PSC) is charged with overseeing the contracting process and is statutorily bound, by both Federal and State law, to ensure that the amounts paid under…

2Cases cited3 opinions

  1. Indeck-Yerkes Energy Services, Inc. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1991
  2. Long Island Lighting Co. v. Public Sevice CommissionAppellate Division of the Supreme Court of the State of New York · 1988
  3. Niagara Mohawk Power Corp. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by4 opinions

  1. Philadelphia Corp. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  2. New York State Dam Ltd. Partnership v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Long Island Lighting Co. v. Trigen-Nassau Energy Corp.New York Supreme Court · 1995
  4. Long Island Lighting Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1993

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