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DUKE ENERGY CAROLINAS v. DHEC

No. 5062.

404 S.C. 119 (2012)

744 S.E.2d 194

DUKE ENERGY CAROLINAS, LLC, Respondent, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, South Carolina Attorney General, American Rivers, and The South Carolina Coastal Conservation League, Defendants, Of whom South Carolina Department of Health and Environmental Control and American Rivers and The South Carolina Coastal Conservation League are, Appellants.

Court of Appeals of South Carolina.

Decided December 12, 2012.

Withdrawn, Substituted and Refiled May 1, 2013.

Attorney(s) appearing for the Case

Stephen P. Hightower , of Columbia, for Appellant South Carolina Department of Environmental Control.

Christopher K. DeScherer , J. Blanding Homan, IV , and Frank S. Holleman, III , all of the Southern Environmental Law Center, of Charleston, for Appellants American Rivers and South Carolina Coastal Conservation League.

James Wm. Potter , W. Thomas Lavender, Jr. , Joan W. Hartley , all of Nexsen Pruet, LLC, of Columbia, for Respondent.

LOCKEMY, J.

In this administrative action, South Carolina Department of Health and Environmental Control (DHEC) appeals the administrative law court's (ALC) decision, arguing that the ALC erred in finding: (1) DHEC's review of Duke Energy Carolinas, LLC's (Duke) water quality certification application was not timely and (2) DHEC waived its right to issue a water quality certification to Duke. American Rivers and South Carolina Coastal Conservation League (Coastal...

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