MONONGAHELA POWER CO. v. E. P. A.

No. 76-2045.

586 F.2d 318 (1978)

MONONGAHELA POWER COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 1978.


Attorney(s) appearing for the Case

Lawrence A. Demase, Pittsburgh, Pa. (Harold R. Schmidt, Frederick W. Steinberg and Ronald S. Cusano, Rose, Schmidt, Dixon, Hasley & Whyte, Pittsburgh, Pa., on brief), for petitioner.

Thomas A. Pursley, III, Atty., Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., G. William Frick, Gen. Counsel, Lee A. Dehihns, III, Atty., E. P. A., Washington, D. C., on brief), for respondent.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.


WIDENER, Circuit Judge:

Monongahela Power Company has petitioned this court to set aside the May 28, 1976 order of the Environmental Protection Agency (EPA) denying an adjudicatory hearing under 40 C.F.R. §§ 125.36(b), 423.10, et seq, with respect to the July 1, 1977 best practicable technology (BPT)1 compliance deadlines in the National Pollutant Discharge Elimination System (NPDES...

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