Power Authority v. New York State Department of Environmental Conservation

*58OPINION OF THE COURT

Main, J.

At some point in time during April of 1976, the Power Authority of the State of New York (hereafter Authority) made application to the Federal Energy Regulatory Commission (hereafter FERC) for a license to construct and operate a hydroelectric pumped storage power facility at Prattsville, New York, using as the supplier and receiver of water the already constructed Schoharie Reservoir on Schoharie Creek. A new reservoir would be constructed at a higher elevation in a natural basin on Dog Hill, and during those periods of time when the energy demands were modest,…