Occidental Chemical Corp. v. Power Authority of New York

OAKES, Circuit Judge:

On appeal, six Niagara-area customers of the Power Authority of the State of New York (“PASNY”) argue that the language, legislative history and purpose of the Niagara Redevelopment Act (“NRA”), 16 U.S.C. §§ 836-836a (1988), require PASNY to sell so-called Replacement Power from the Niagara hydroelectric project to them at a rate equal to PASNY’s cost of production. Accordingly, these customers — large, industrial, long-time, low-cost power consumers — argue that the construction of the statute by the District Court for the Western District of New York, John T. Curtin,…