Occidental Chemical Corp. v. Power Authority
District Court, W.D. New York
1Opinion of the Court
CURTIN, District Judge.
BACKGROUND
This case involves a question of statutory construction: Does the Niagara Redevelop ment Act (“NRA”), 16 U.S.C. § 836(b)(3), prohibit the Power Authority of the State of New York (“PASNY”) from selling Replacement Power from its Niagara hydroelectric project at a rate greater than its cost of producing that power? Plaintiffs seek a declaratory judgment that PASNY’s decision to increase its Replacement Power rates beginning on January 1, 1990, is contrary to the NRA. Defendant contends that the NRA does not mandate a cost-based rate for Replacement Power.
FACTS
Th…
2Cases cited43 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Blum v. StensonSupreme Court of the United States · 1984
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
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3Cited by6 opinions
- Reich v. Gateway Press, Inc.Court of Appeals for the Third Circuit · 1994
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- Occidental Chemical Corp. v. Power Authority of New YorkCourt of Appeals for the Second Circuit · 1993
- Advanced Refractory Technologies, Inc. v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Occidental Chemical Corporation v. Power Authority Of The State Of New YorkCourt of Appeals for the Second Circuit · 1993
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