Legal Opinion

Indeck-Yerkes Energy Services, Inc. v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 1991PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

Petitioner owns and operates a cogeneration facility (hereinafter the facility) in the Town of Tonawanda, Erie County, that is qualified under the Federal Public Utility Regulatory Policies Act (16 USC § 824a-3) (hereinafter PURPA) and Public Service Law § 66-c for the mandatory purchase of its electric energy production by public utilities. PURPA provides that such purchases shall be paid for at rates that are, inter alia, "just and reasonable to the electric consumers of the electric utility” (16 USC § 824a-3 [b] [1]), but may not exceed the purchasing…

2Cases cited4 opinions

  1. Consolidated Edison Co. v. Public Service CommissionNew York Court of Appeals · 1984
  2. Long Lake Energy Corp. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1989
  3. Long Island Lighting Co. v. Public Sevice CommissionAppellate Division of the Supreme Court of the State of New York · 1988
  4. New York State Cable Television Ass'n v. New York State Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by10 opinions

  1. Fulton Cogeneration Associates v. Niagara Mohawk Power Corp.Court of Appeals for the Second Circuit · 1996
  2. Wheelabrator Lisbon, Inc. v. Department of Public Utility ControlSupreme Court of Connecticut · 2007
  3. Philadelphia Corp. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Florida Power Corp. v. GarciaSupreme Court of Florida · 2001
  5. Kamine/Besicorp Allegany L.P. v. Rochester Gas & Electric Corp.District Court, W.D. New York · 1995

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