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COM., ETC. v. PENNSYLVANIA POWER CO.

490 Pa. 399 (1980)

416 A.2d 995

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant, v. PENNSYLVANIA POWER COMPANY, Appellee.

Supreme Court of Pennsylvania.

Decided July 3, 1980.

Attorney(s) appearing for the Case

Ward T. Kelsey, Elissa A. Parker, Asst. Attys. Gen., Pittsburgh, for appellant.

William R. Balph, Jr., Chambers, O'Neill, Nicolls, Balph & Paul, New Castle, John Cramer, Reed Smith Shaw & McClay, Pittsburgh, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION

NIX, Justice.

I. Procedural History

The Pennsylvania Power Company (PPC), appellee herein, generates and distributes electricity in the western portion of this Commonwealth. The PPC was originally ordered by the Pennsylvania Department of Health, predecessor in interest to the Department of Environmental Resources (DER),1 to limit its emission of particulate matter from its electrical generating station...

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