Orange County Air Pollution Control District

4 Cal. 3d 945 (1971), 44 P.2d 1361

The Court was presented with an apparent conflict of jurisdiction between (1) that of the Commission which had granted SCE the authority to construct a steam electric generating plant and (2) that possessed by Petitioner which had denied SCE’s application for a permit to operate the plant. The Court held that the utility was required to obtain approval from both the Commission and the District. The Court reversed a Commission order asserting exclusive jurisdiction over the certification process but stated that its order was “without prejudice to Edison’s right to seek judicial review of [Petitioner’s] order pursuant to the judicial review provisions of the Health & Safety Code.”

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