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OCCIDENTAL CHEMICAL CORP. v. POWER AUTH. OF STATE OF N.Y.

Nos. CIV-90-208C, CIV-90-391C.

758 F.Supp. 854 (1991)

OCCIDENTAL CHEMICAL CORPORATION and the Pillsbury Company, Plaintiffs, v. The POWER AUTHORITY OF the STATE OF NEW YORK, Defendants. GENERAL MILLS, INC., and Bethlehem Steel Corporation, Plaintiffs, v. The POWER AUTHORITY OF the STATE OF NEW YORK, Defendant.

United States District Court, W.D. New York.

As Amended April 11, 1991.

Attorney(s) appearing for the Case

Sutherland, Asbill & Brennan (Earle H. O'Donnell, of counsel), Washington, D.C., for plaintiff Occidental Chemical Corp.

Brown & Kelly (Kevin A. Ricotta, of counsel), Buffalo, N.Y., for plaintiff Pillsbury Co.

Couch, White, Brenner, Howard & Feigenbaum (Algird F. White, Jr., of counsel), Albany, N.Y., for plaintiffs General Mills, Inc., Bethlehem Steel Corp., Nabisco Brands, Inc. and Union Carbide Corp.

Mitchell F. Borger, New York City, for defendant Power Authority of the State of N.Y.

BACKGROUND

CURTIN, District Judge.

The central issue in both of these cases is whether the Power Authority of the State of New York ("PASNY") is authorized under the Niagara Redevelopment Act ("NRA"), 16 U.S.C. §§ 836, 836a, and/or its license issued thereunder by the Federal Power Commission ("FPC"), 19 F.P.C. 186 (Jan. 30, 1958),1 to independently raise utility rates for Replacement Power as defined in the NRA. 16...

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