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ORANGE CTY. AIR POLLUTION CTRL DIST. v. PUB. UTIL. COM.

Docket No. S.F. 22766.

4 Cal.3d 945 (1971)

484 P.2d 1361

95 Cal. Rptr. 17

ORANGE COUNTY AIR POLLUTION CONTROL DISTRICT, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; SOUTHERN CALIFORNIA EDISON COMPANY, Real Party in Interest.

Supreme Court of California. In Bank.

May 26, 1971.

Attorney(s) appearing for the Case

COUNSEL

Adrian Kuyper, County Counsel, John F. Powell, Deputy County Counsel, for Petitioner.

John D. Maharg, County Counsel (Los Angeles), David D. Mix, Assistant County Counsel, Bruce A. Beckman and Loyd P. Derby as Amici Curiae on behalf of Petitioner.

Mary Moran Pajalich, Sheldon Rosenthal, J. Calvin Simpson and James A. Blumberg for Respondent.

Rollin E. Woodbury, Harry W. Sturges, Jr., William E. Marx, O'Melveny & Myers and Pierce Works for Real Party in Interest.

OPINION

PETERS, J.

We are presented in this case with an issue of some importance to urban California: Whether the authority conferred upon the Public Utilities Commission to grant permission to construct and operate privately owned electric generating units supersedes, in cases of conflict, the authority conferred upon an air pollution control district to condition construction of such units upon compliance with district emission...

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