Stevens & Thompson Paper Co. v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Plaintiff owned and operated a paper mill and hydroelectric power plant located on the Battenkill River in the hamlet of Middle Falls, Washington County, and obtained utility service from defendant. Pursuant to a 1987 agreement between the parties (hereinafter the PPA), defendant agreed to purchase the full energy output generated by plaintiffs hydroelectric power plant at specified contractual rates. As relevant here, the PPA required plaintiff to “own and maintain its interconnection with [defendant’s] transmission system, including the generator output leads, the generator…
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