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CITY OF ROCKINGHAM v. NCDENR, DWQ

No. COA12-763.

736 S.E.2d 764 (2012)

CITY OF ROCKINGHAM, North Carolina and American Rivers, Petitioners, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY, and North Carolina Environmental Management Commission, Respondents. and Progress Energy Carolinas, Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

December 18, 2012.

Attorney(s) appearing for the Case

Southern Environmental Law Center, Richmond County, by Amelia Y. Burnette and Julia F. Youngman , and Pro Hac Vice, Water & Power Law Group PC, by Richard Roos-Collins , for Petitioners-Appellants.

Attorney General Roy Cooper , by Special Deputy Attorney General Francis W. Crawley and Assistant Attorney General Donald W. Laton , for Respondents-Appellees.

Hunton & Williams LLP, by William D. Dannelly and Matthew F. Hanchey , Raleigh, and Daniel W. Kemp , Associate General Counsels for Progress Energy Service Company, LLC, for Respondent-Intervenor-Appellee.

BEASLEY, Judge.

The City of Rockingham and American Rivers (Petitioners) appeal from an order affirming the final agency decision of Respondent Environmental Management Commission (EMC). For the reasons stated herein, we affirm.

I. Facts

Progress Energy Carolinas (Intervenor) operates a hydroelectric power-generating facility at the Tillery Dam on the Yadkin-Pee-Dee River. The Tillery Dam was constructed in the early 1900s. The Federal Energy Regulatory...

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