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COVANTA MAINE v. PUBLIC UTILITIES COM'N

Docket: PUC-11-36.

44 A.3d 960 (2012)

2012 ME 74

COVANTA MAINE, LLC v. PUBLIC UTILITIES COMMISSION.

Supreme Judicial Court of Maine.

Decided: June 5, 2012.

Attorney(s) appearing for the Case

Patrick J. Scully, Esq. (orally), Bernstein, Shur, Sawyer & Nelson, Portland, for appellant Covanta Maine, LLC.

Leslie E. Raber, Esq. , Jordan D. McColman, Esq. (orally), Mitchell M. Tannenbaum, Esq. , and Joanne B. Steneck, Esq. , Maine Public Utilities Commission, for appellee Public Utilities Commission.

Dissent: ALEXANDER and LEVY, JJ.

JABAR, J.

[¶ 1] Covanta Maine, LLC (Covanta), a subsidiary of Covanta Energy, appeals from orders of the Public Utilities Commission (Commission) denying Covanta's requests for certification of two of its facilities as Class I new renewable resources pursuant to 35-A M.R.S. § 3210 (2010)1 and 9 C.M.R. 65 407 311-1 to -2 § 3 (2008). Covanta argues that the Commission erred by basing...

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