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ATLANTIC CITY ELECTRIC CO. v. BARDIN

145 N.J. Super. 438 (1976)

368 A.2d 366

ATLANTIC CITY ELECTRIC COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. DAVID A. BARDIN, COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY: THE DEPARTMENT OF ENVIRONMENTAL PROTECTION; THE NATURAL RESOURCE COUNCIL OF THE DIVISION OF MARINE SERVICES OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1976.

Attorney(s) appearing for the Case

Mr. Henry P. Megargee, Jr. argued the cause for appellant (Messrs. Lloyd, Megargee & Steedle, attorneys).

Mr. Arnold Lakind, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges CARTON, KOLE and LARNER.

The opinion of the court was delivered by CARTON, P.J.A.D.

Atlantic City Electric Company (Electric) appeals a determination of the Natural Resource Council of the Division of Marine Services of the Department of Environmental Protection (Council) to offer it a revocable license to lay submarine cable beneath the tideland waters of Great Egg Harbor Bay on condition that Electric pay a consideration of $40,851.

Electric is a public utility supplying electric...

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