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NASSAU POWER CORP. v. DEASON

No. 81496.

641 So.2d 396 (1994)

NASSAU POWER CORPORATION, Appellant, v. J. Terry DEASON, etc., et al., Appellees.

Supreme Court of Florida.

August 11, 1994.

Attorney(s) appearing for the Case

Joseph A. McGlothlin and Vicki Gordon Kaufman of McWhirter, Grandoff & Reeves, Tallahassee, for appellant.

Robert D. Vandiver, Gen. Counsel, David E. Smith, Director of Appeals and Marsha E. Rule, Div. of Appeals, Florida Public Service Com'n, Matthew M. Childs, Charles A. Guyton, Bonnie E. Davis and C. Alan Lawson of Steel, Hector & Davis, on behalf of Florida Power & Light Co., and Richard T. Donelan, Jr., Asst. Gen. Counsel, Tallahassee, on behalf of State of Fla. Dept. of Environmental Regulation, for appellees.

PER CURIAM.

Nassau Power Corporation appeals a final order of the Florida Public Service Commission (PSC or Commission) dismissing Nassau Power's petition for determination of need for a power plant, under the Florida Electrical Power Plant Siting Act, (Siting Act).1 The Commission dismissed the petition reasoning that, as a non-utility generator, Nassau Power is not a proper "applicant" for a need determination proceeding under the Siting...

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