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EMPIRE POWER CO. v. N.C. DEHNR

No. 570PA93.

447 S.E.2d 768 (1994)

EMPIRE POWER COMPANY, and George Clark, Petitioner-Appellant, v. N.C. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, DIVISION OF ENVIRONMENTAL MANAGEMENT, Respondent-Appellee, and Duke Power Company, Intervenor-Respondent-Appellee.

Supreme Court of North Carolina.

September 9, 1994.

Attorney(s) appearing for the Case

Patterson, Harkavy & Lawrence by Donnell Van Noppen III, Greensboro, for petitioner-appellant George Clark.

Michael F. Easley, Atty. Gen. by James Holloway, Associate Atty. Gen., for respondent-appellee Dept. of Environment, Health and Natural Resources, Div. of Environmental Management.

William L. Porter, Deputy Gen. Counsel, and Garry S. Rice, Sr. Atty., and Womble Carlyle Sandridge & Rice, P.L.L.C. by Yvonne C. Bailey and Karen Estelle Carey, Raleigh, for intervenor-respondent-appellee Duke Power Co.

John D. Runkle, Gen. Counsel, for Conservation Council of North Carolina, amicus curiae.

Ward and Smith, P.A. by I. Clark Wright, Jr., New Bern, Smithfield Packing Co., Inc., amicus curiae.

WHICHARD, Justice.

The dispositive question is whether petitioner George Clark is entitled under the North Carolina Administrative Procedure Act, N.C.G.S. §§ 150B-1 to -52 (1991), and the Air Pollution Control Act, N.C.G.S. § 143-215.105 to -215.114C (1993), to appeal to the Office of Administrative Hearings from the decision of the Division of Environmental Management, to grant an air pollution control permit to Duke Power Company. We hold that he...

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