NYS Electric & Gas v. FirstEnergy Corp.
| 3:2003cv00438 |
| April 8, 2003 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| David E. Peebles |
| Environmental Matters |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
366
AMENDED JUDGMENT: in favor of New York State Electric and Gas Corporation as noted herein, 1) New York State Electric and Gas Corporation ("NYSEG") is entitled to recover from FirstEnergy Corporation ("FirstEnergy") $26,495,0 76.00, 2) FirstEnergy also shall pay $3,220,149.00 in prejudgment interest on response costs, 3) In total, FirstEnergy shall pay NYSEG $29,715,225.00, 4) In addition, FirstEnergy is liable to pay NYSEG for MGP-related response costs incurre d after December 31, 2009. 5) FirstEnergy also is liable to pay NYSEG prejudgment interest on MGP-related response costs incurred by NYSEG prejudgment interest on MPG-related response costs incurred by HYSEG between January 1, 2010 and the date of th is judgment. 6) ID Booth, Inc., ("ID Booth") shall pay $160,089.00 to FirstEnergy. 7) I.D. Booth shall also pay $19,033.00 in prejudgment interest on past costs incurred through December 31, 2009, calculated through 9/2/2011. 8) F irstEnergy is entitled to a declaratory judgment that I.D. Booth is liable to pay FirstEnergy the amount of 6.72% of all response costs incurred by NYSEG at the Cortland-Homer Site after December 31, 2009, with prejudgment interest for those expenses incurred after that date but prior to the entry of judgment. Signed by Magistrate Judge David E. Peebles on 9/7/2011. (jmb)
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Filing
354
DECISION & ORDER: The Court finds a basis to conclude that the corporate veil of NYSEG and the other AGECO predecessor companies owning and operating the MGP sites in question should be pierced and AGECO, and in turn FirstEnergy, should be held accou ntable for the response costs incurred by NYSEG in addressing hazardous waste discharges at those sites, covering portions of the period between 1922 and 1940 during which AGECO exercised domination and control over the subsidiary utility companies o perating those facilities. The Court further concludes that the Third-Party Defendant I.D. Booth is liable to FirstEnergy for a portion of response costs associated with the Cortland-Homer Site. Therefore except to the extent granted during the cours e of the trial with respect to the Auburn (Clark Street) site, FirstEnergy's # 299 Motions for Judgment on Partial Findings are denied. The parties are directed to confer, and within 21 days of this decision to either submit a jointly proposed judgment to be entered in the case or, alternatively, to submit counter-proposed judgments and letter briefs addressing the preparation of an appropriate judgment in the case. Signed by Magistrate Judge David E. Peebles on 7/11/11. (jmb)
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Filing
304
ORDER: Approving the # 300 Stipulation of Dismissal, The Third Party Action asserted by FirstEnergy against the City of Oneonta is hereby dismissed with prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. City of Oneonta, New York terminated as a Third Party Defendant. Signed by Magistrate Judge David E. Peebles on 12/21/2010. (jmb)
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Filing
296
ORDER: approving the # 295 Stipulation of Dismissal, Third Party Defendant City of Ithaca, New York is hereby dismissed with prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge David E. Peebles on 12/7/2010. (jmb)
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Filing
263
ORDER: approving the # 262 Stipulation of Dismissal, therefore the Third Party Action asserted by FirstEnergy against Ithaca City School District (ICSD) is hereby dismissed with prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge David E. Peebles on 10/5/2010. (jmb)
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Filing
258
ORDER: denying the # 224 Motion for Partial Summary Judgment; denying the # 225 Motion for Partial Summary Judgment; denying the # 233 Motion for Summary Judgment; denying the # 236 Motion for Summary Judgment; denying the # 237 Motion for Summary Judgment; the # 238 Motion for Summary Judgment is deemed withdrawn, without prejudice to refiling, based upon a tentative settlement of claims between that third-party defendant and FirstEnergy. Decision is reserved with regard to defendan t FirstEnergy's # 232 Motion for Partial Summary Judgment dismissing portions of plaintiff's claims under the Comprehensive Environmental Response Compensation and Liability Act of 1980. Signed by Magistrate Judge David E. Peebles on 8/26/2010. (jmb)
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