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MATTER OF NSP RED WING ASH DISPOSAL FAC.

No. C1-87-1696.

421 N.W.2d 398 (1988)

In the Matter of the SOLID WASTE PERMIT FOR THE NSP RED WING ASH DISPOSAL FACILITY to be located in Red Wing, Minnesota.

Court of Appeals of Minnesota.

Review Denied May 18, 1988.

Attorney(s) appearing for the Case

Carla C. Kjellberg, St. Paul, for relators John Falconer and Earth Protector.

Hubert H. Humphrey, III, Atty. Gen., Dwight S. Wagenius, Asst. Atty. Gen., St. Paul, for respondent Minnesota Pollution Control Agency.

JoAnn McGuire, Minneapolis, Larry D. Espel, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for respondent NSP.

Heard, considered and decided by FORSBERG, P.J., and NORTON and SCHUMACHER, JJ.

OPINION

NORTON, Judge.

Petitioners challenge the issuance of a permit by the Minnesota Pollution Control Agency (MPCA) authorizing Northern States Power Company (NSP) to construct and operate a site for ash disposal in Red Wing, Minnesota. The agency determined that a contested case was not justified under Minn.R. 7001.0130, subpt. 1 (1986). Petitioners object to the MPCA's determination not to hold a contested case hearing. NSP was permitted by this court...

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