Spain, J.
In 1999, petitioner began the process of securing approval for the construction of a 520 megawatt electric generating facility in Brooklyn. As part of the approval process, petitioner was required to obtain, inter alia, a certificate of environmental compatibility and public need pursuant to Public Service Law article 10. As a major stationary source of regulated air pollutants, petitioner had to demonstrate, inter alia, that its proposed facility...
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