SUMMIT HYDROPOWER PARTNERSHIP v. COMMR. OF ENVIRONMENTAL PROTECTION

(14618), (14619)

226 Conn. 792 (1993)

SUMMIT HYDROPOWER PARTNERSHIP v. COMMISSIONER OF ENVIRONMENTAL PROTECTION ET AL.

Supreme Court of Connecticut.

Decision released August 3, 1993.


Attorney(s) appearing for the Case

David H. Wrinn, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Joseph Rubin, assistant attorney general, for the appellant in Docket No. 14618 (named defendant).

Gregory A. Sharp, with whom was Marcus G. Organschi, for the appellant in Docket No. 14619 (defendant town of Putnam).

Roger E. Koontz, for the appellee in both cases (plaintiff).

PETERS, C. J., CALLAHAN, NORCOTT, KATZ and PALMER, JS.


CALLAHAN, J.

The principal issue in this appeal is whether the proceedings before an administrative agency, wherein the agency denied the plaintiff's request for state water quality certification for a proposed hydroelectric facility, constituted a "contested case" under General Statutes § 4-166 (2). The plaintiff, Summit Hydropower Partnership, filed an administrative appeal in the Superior Court from a decision of the named defendant,1

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