West Virginia Supreme Court July 1, 2002, No. 30105 (Monongahela Power Co. v. Chief, Office of Water Resources, Division of Environmental Protection)

MAYNARD, Justice.

The appellant, the Secretary of the West Virginia Department of Environmental Protection, appeals the April 30, 2001 order of the Circuit Court of Kanawha County which reversed the Environmental Quality Board’s Mai’ch 26, 1999 and May 5, 1999 orders.