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DEL-AWARE UN., INC. v. PennDER

Nos. 1462 C.D. 1987, 1463 C.D. 1987, 1843 C.D. 1987 and 1851 C.D. 1987.

121 Pa.Commw. 582 (1988)

551 A.2d 1117

Del-AWARE Unlimited, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources et al., Respondents. Del-AWARE Unlimited, Inc. et al., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources et al., Respondents. Philadelphia Electric Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. North Penn and North Wales Water Authorities, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

December 9, 1988.

Attorney(s) appearing for the Case

Robert J. Sugarman, Sugarman & Cohen, for petitioners, Del-AWARE Unlimited, Inc., et al.

Bernard M. Chanin, with him, William G. Frey, Pamela S. Goodwin and Michael M. Meloy; Of Counsel: Wolf, Block, Schorr and Solis-Cohen, for petitioner/respondent, Philadelphia Electric Company.

Jeremiah J. Cardamone, with him, Ann Thornburg Weiss, Timoney, Knox, Hasson & Weand, for petitioners/respondents, North Penn and North Wales Water Authorities.

Louise S. Thompson, for respondent, Department of Environmental Resources.

Argued June 15, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and McGINLEY.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 9, 1988:

Del-AWARE Unlimited, Inc. (Del-AWARE) appeals two decisions of the Environmental Hearing Board (Board) each dated May 27, 1987.

In No. 1462 C.D. 1987, Del-AWARE challenges an order dismissing ten appeals from several permit extensions and modifications for construction and operation of the Point Pleasant water diversion project (project). In the appeal docketed at No. 1463 C.D. 1987, the Board

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