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Expert Analysis

Clarifying The Interaction Of CWA And Calif. State Law

Law360, New York (September 12, 2011, 11:44 AM EDT) -- In 1999, Duke Energy Corp. pursued the addition of two new 530-megawatt gas-fired generators to the thermal power plant it owned near Monterey, Calif. It obtained certification from the California Energy Commission (CEC) that the modification was in accordance with all applicable laws. Duke Energy also obtained a permit from the Central Coast Regional Water Quality Control Board to discharge water used to generate power. The Regional Water Board, acting as the designee of the U.S. Environmental Protection Agency, issued the permit under the California Porter-Cologne Water Quality Control Act....

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