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PSC should kill Iberdrola deal, law judge says 

The state Public Service Commission should reject the proposed takeover of Energy East Corp. by a big Spanish utility, an administrative law judge said today in a much-awaited recommendation.

Energy East is the parent of both Rochester Gas and Electric and New York State Electric and Gas.

The Department of Public Service law judge, Rafael Epstein, picked apart the proposed $4.5 billion deal between Iberdrola SA and Energy East, writing that the commission should disapprove the transaction “on the ground that it does not satisfy the ‘public-interest’ requirement of Public Service Law.”

But if the commission does approve the sale of Energy East, there are pre-conditions that should be met, he wrote.

They include forcing Iberdrola to sell its wind power plants in New York; to agree to $646 million in public-benefit adjustments; and to abide by safeguards and rate proceedings as proposed by the PSC staff.

Iberdrola officials had earlier said they would walk away from the deal, which has been approved by other affected states and the federal government, if New York demanded they sell their wind power farms.

Epstein’s recommendation sets the stage for the parties in the case to respond – they have until July 1 to do so – and then a vote by the PSC.

Jim Stinson

Gannett News Service

theithacajournal.com

16 June 2008

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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