Legal Opinion

Occidental Chemical Corp. v. Power Authority

District Court, W.D. New York

Decided March 11, 1992No. CIV-90-208CPublishedCited by 6 opinions

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

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  4. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  5. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980

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3Cited by6 opinions

  1. Reich v. Gateway Press, Inc.Court of Appeals for the Third Circuit · 1994
  2. Cavallo v. Utica-Watertown Health Ins. Co., Inc.District Court, N.D. New York · 1998
  3. Occidental Chemical Corp. v. Power Authority of New YorkCourt of Appeals for the Second Circuit · 1993
  4. Advanced Refractory Technologies, Inc. v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
  5. Occidental Chemical Corporation v. Power Authority Of The State Of New YorkCourt of Appeals for the Second Circuit · 1993

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