NYS Electric & Gas v. FirstEnergy Corp.

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)