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MATTER OF AMENDMENT NO. 4

No. C0-89-1127.

454 N.W.2d 427 (1990)

In the Matter of AMENDMENT NO. 4 TO AIR EMISSION FACILITY PERMIT NO. 2021-85-OT-1 for the Northern States Power Company Wilmarth Generating Plant in Mankato, Blue Earth County, Minnesota.

Supreme Court of Minnesota.

April 27, 1990.

Attorney(s) appearing for the Case

Carla C. Kjellberg, St. Louis Park, for Earth Protector, Inc.

Hubert H. Humphrey, III, Atty. Gen., Ann M. Seha, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Pollution Control Agency.

Joann M. McGuire, Minneapolis, and Michael J. Ahern, Moss & Barnett, Minneapolis, for NSP.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

We granted the separate petitions of the Minnesota Pollution Control Agency and Northern States Power Company to consider the propriety of a decision of the court of appeals remanding this matter to the MPCA for a contested case hearing. Matter of Air Emission Facility Permit, 450 N.W.2d 617, 623 (Minn.App.1990). We reverse.

Northern States Power has owned and operated the Wilmarth Generating Plant...

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