N.Y. PBS Law § 5-E

§ 5-e. Jurisdiction of commission over certain corporations, their\noperations and facilities.\n 1. The commission shall have no jurisdiction, supervision, powers or\nduties with respect to any corporation which is owned or controlled in\nwhole or in part by a gas corporation, an electric corporation or a gas\nand electric corporation subject to the jurisdiction of the commission\nthe primary function of which is the leasing, as lessor or lessee and/or\noperating of a facility or facilities for the manufacture of electricity\nor steam, as is permitted by and provided in article 18-A of the general\nmunicipal law, provided that such facility or facilities are located on\na parcel of land consisting of more than two hundred acres and formerly\nowned by the United States government and in any county of the state\nhaving a population of two million inhabitants or more and where the\nelectric or steam service does not cross streets which are publicly\nmaintained and open to the use of the public at large.\n 2. The provisions of this section shall apply only to corporations\nwhich have entered into an initial lease executed prior to July first,\nnineteen hundred eighty.\n