N.Y. PBA Law § 1034

* § 1034. Sale of surplus. Whenever the productive capacity of the\nplants and properties of the authority together with any gas or\nelectrical energy which it may acquire from other sources, creates a\nsurplus over the amount of light, heat and power, in any of such\nservices, required by the municipalities and residents of the district\nto which such service is contracted, the authority may sell such surplus\nin territory outside the district, either within or outside the county,\nto persons, public or private corporations or other municipalities. In\nacquiring, by purchase or condemnation, any plant or property in the\ndistrict which also serves any municipality or territory outside the\ndistrict, the authority, if it deems it advantageous and economical so\nto do, may, with the approval of the public service commission and the\nconsent of the board of supervisors, serve any such municipality or\nterritory or sell gas, heat, power or electrical energy to persons,\npublic or private corporations in such territory or to such\nmunicipality. The authority shall not in any case duplicate any service\nalready existing in any municipality or territory outside the district,\nwithout the approval of the public service commission.\n * NB Terminated July 1, 1963\n