Informal Opinion No.

Ralph W. Nash, Esq. City Attorney, Ithaca

You have asked whether a city which establishes a "small hydro facility" as defined by the Public Service Law is subject to the referendum requirement of section 360 of the General Municipal Law.

Your letter notes that the City of Ithaca is contemplating developing a hydro power facility to be owned and operated by the city. All electricity generated by the facility would be sold directly to the local public utility. The facility would have a maximum cost of $5.5 million and a generating capacity of 3.1 megawatts. By telephone, you have informed us that…