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FLA. POWER CORP. v. STATE, DEPT. OF ENVTL. REGU.

No. AP-427.

431 So.2d 684 (1983)

FLORIDA POWER CORP., Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, et al., Appellees.

District Court of Appeal of Florida, First District.

May 4, 1983.

Attorney(s) appearing for the Case

Gary P. Sams, and Peter C. Cunningham, of Hopping, Boyd, Green & Sams, Tallahassee, for appellant.

John Bottcher, Deputy Gen. Counsel, and Martha Harrell Hall, Asst. Gen. Counsel, Tallahassee, for appellee DER; David Gluckman, Tallahassee, for appellees American Lung Assoc. and Florida Audubon Society.

ROBERT P. SMITH, Jr., Chief Judge.

Florida Power appeals from a declaratory statement of the Department of Environmental Regulation, §§ 120.565, .68, Fla. Stat. (1981), stating that section 403.511(5)(b), Florida Statutes (1981), is inapplicable in stated circumstances. Florida Power is certificated to operate its Crystal River electrical power plant in such a way as to emit sulphur dioxide within certain stated limitations derived at the time of certification...

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