Matter of West Penn Power Co.

PAUL E. WATERS, Chairman,

This case is an appeal by West Penn Power Company (“West Penn”) from the denial by the Department of Environmental Resources (“department”) of an application, no. 1472205, for an industrial waste permit for the discharge of cooling *628water from West Penn’s Milesburg Power Station to Spring Creek, in Milesburg, Centre County, Pa. The denial was based on the ground that the discharge would result in a violation of the water quality criteria contained in chapter 93 of the regulations of the department, specifically, and only, as those water criteria related to temperature.

A…