WESTERN KRAFT PAPER GROUP v. DEPT., ETC.


632 S.W.2d 454 (1981)

WESTERN KRAFT PAPER GROUP A Division of Willamette Industries, Inc., an Oregon Corporation, Appellant, v. DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION and Kentucky Utilities Company, Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing January 15, 1982.

Discretionary Review Denied May 18, 1982.


Attorney(s) appearing for the Case

Dandridge F. Walton, Frankfort, Douglas M. Ragen, Portland, for appellant.

Valerie L. Salven, Robert Yarbrough, Dept. for Natural Resources and Environmental Protection, Frankfort, Richard F. Newell, Ernest W. Williams, Louisville, for Kentucky Utilities Co.

Before WHITE, WILHOIT and WINTERSHEIMER, JJ.


WINTERSHEIMER, Judge.

This appeal is from an order and judgment entered December 2, 1980, which affirmed an order of the Natural Resources and Environmental Protection Department, which reserved air increments in Hancock County in favor of Kentucky Utilities over the objections of Western Kraft Paper.

The issues are the authority of the Department to reverse a prior determination and the proper procedure to be followed for a utility to secure environmental...

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