NYS Electric & Gas v. FirstEnergy Corp.

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
____________________________________
NEW YORK STATE ELECTRIC & GAS
CORPORATION,
Plaintiff,
Civil Action No.
3:03-CV-0438 (DEP)
v.
FIRSTENERGY CORPORATION,
Defendant.
____________________________________
FIRSTENERGY CORPORATION,
Third-Party Plaintiff,
v.
I.D. BOOTH, INC.,
Third-Party Defendant.
____________________________________
AMENDED FINAL JUDGMENT
In accordance with this court's decision and order dated July 11,
2011, and pursuant to Rule 54(b) of the Federal Rules of Civil Procedure,
it is hereby ORDERED, ADJUDGED and DECREED as follows:
1)

New York State Electric and Gas Corporation ("NYSEG") is

entitled to recover from FirstEnergy Corporation ("FirstEnergy")

$26,495,076, constituting the sum of FirstEnergy's equitable share of
allowable past costs incurred through December 31, 2009 with respect to
the sixteen sites at issue.
2)

FirstEnergy also shall pay $3,220,149 in prejudgment interest

on response costs incurred through December 31, 2009 for which
FirstEnergy is liable to NYSEG, calculated at the applicable Superfund
Interest Rate for each federal fiscal year, and accrued on the later of
April 8, 2003 (the date of NYSEG's Complaint) or the date of the
expenditure.
3)

In total, FirstEnergy shall pay NYSEG $29,715,225, inclusive

of prejudgment interest, in past costs incurred through December 31,
2009.
4)

In addition, FirstEnergy is liable to pay NYSEG for

MGP-related response costs incurred after December 31, 2009 for work
performed pursuant to the Consent Decree entered into by NYSEG with
the New York State Department of Environmental Conservation, to the
extent those costs are consistent with the National Oil and Hazardous
Substances Pollution Contingency Plan (40 C.F.R. Part 300), at the
sixteen sites at issue, at the percentages outlined below:

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Site
Corning

8.7%

Cortland-Homer

44.8%

Dansville

5.7%

Elmira

17.4%

Geneva

29.8%

Goshen

33.0%

Granville

46.5%

Ithaca (CS)

30.4%

Ithaca (FS)

100%

Mechanicville

36.9%

Newark

0%

Norwich

0%

Oneonta

42.1%

Owego

0%

Penn Yan

0%

Plattsburgh
5)

Percentage

28%

FirstEnergy also is liable to pay NYSEG prejudgment interest

on MGP-related response costs incurred by NYSEG between January 1,
2010 and the date of this judgment, calculated at the applicable
Superfund interest rate for each federal fiscal year, and accrued from the
date of the expenditure.
6)

ID Booth, Inc., (“ID Booth”) shall pay $160,089 to FirstEnergy,

constituting the sum of I.D. Booth’s equitable share of past response costs

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incurred through December 31, 2009 with respect to the Cortland-Homer
Site.
7)

I.D. Booth shall also pay $19,033 in prejudgment interest on

past costs incurred through December 31, 2009, calculated through
September 2, 2011 at the applicable Superfund Interest rate for each
fiscal year and accruing on the later date of the filing of this action or the
date of expenditure.
8)

FirstEnergy 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.

Dated:

September 7, 2011
Syracuse, NY

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