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Energy on the High Plains
Sunflower files lawsuit
GARDEN CITY, KAN.
(hppr) -
Nelson: We're looking off the east wall of the main boiler building down at what would be the footprints for unit 2 and if successful, unit 3.
LF: That's Sunflower Electric's Kyle Nelson describing where the new coal units would go in Holcomb. Of course, the Holcomb expansion project for Sunflower Electric is not a reality. The project would add two high-powered coal units to Sunflower's existing Holcomb station, each would be capable of generating 700 megawatts. Last year, KDHE Secretary Rod Bremby denied Sunflower an air permit, citing the potential CO2 emissions in his decision. The Kansas Legislature passed three bills which would have allowed the expansion, but Governor Kathleen Sebelius vetoed each one. On November 18th Sunflower Electric filed a federal lawsuit in the U.S. District Court in the Kansas District against Bremby and Sebelius as well as Lt. Governor Mark Parkinson. Sunflower spokeswoman Claire Gustin.
Gustin: The suit asks for injunctive relief to keep them from further using CO2 and the notion of selling power outside the state of Kansas as reasons to deny the air permit for the Holcomb expansion.
LF: Gustin says the basis for the suit is twofold: Sunflower believes the 14th amendment, was violated, which requires states to provide equal protection and due process of the laws. Secondly, by denying the air permit interstate commerce is being prohibited. Governor Sebelius' press secretary released the following statement:
Our office was served [on the 18th] and the Attorney General's office will review the filing on the Governor's behalf.
There is already an appeals process for administrative hearings at the state level and the case is currently pending so it seems as if they're trying to pre-empt the state litigation with a new federal lawsuit.
Spokeswoman Maggie Thompson for the KDHE office offered no comment due to ongoing litigation. Gustin says Sunflower has not been treated fairly based on the 14th amendment and points to the number of other permits that have been issued.
Gustin: Secretary Bremby has stated that since the administration took over in 2003, they've issued more than 3000 air permits and in fact they've issued over 300 since our air permit was denied. We deserve to be treated the same way everyone else has been. Other people that have applied for air permits that do emit CO2 have received them. So why are we being singled out?
LF: However, Gustin did not claim that any others receiving permits emitted as much CO2 as the Holcomb expansion project would.
Gustin: You know the amount of co2 is not really the issue here. The issue is: are we treated the same way as other emitters or have we been discriminated against? Frankly, you could say what if there were ten of those permits that they did approve that would collectively emit more co2 than the Holcomb expansion.
LF: Spokeswoman Stephanie Cole says CO2 is the issue that the Kansas Sierra Club has with the expansion.
Cole: Our main concern with the Holcomb expansion is global warming pollutants, the carbon dioxide emissions. From these plants, collectively, the two plants would emit 11 million tons of carbon dioxide per year. That's astronomical. It would literally be the equivalent of placing 2 million new cars on the Kansas highways every year for the next 50 years.
LF: Cole says the Sierra Club was disappointed to see Sunflower file the lawsuit.
Cole: It's our belief that the secretary as well as the administration has acted well within their authority and really it looks like it's just an attempt from the coal industry to take away state rights to take action on global warming. You know it's really clear that clean energy is where we're moving and states should feel free to pursue clean energy and not feel threatened by doing so.
Cole says the Sierra Club does not support building more coal plants in Kansas, which she describes as already being coal-heavy. For High Plains Public Radio, I'm Lindsey Fields.
© Copyright 2010, hppr
(2008-11-27)
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Nelson: We're looking off the east wall of the main boiler building down at what would be the footprints for unit 2 and if successful, unit 3.
LF: That's Sunflower Electric's Kyle Nelson describing where the new coal units would go in Holcomb. Of course, the Holcomb expansion project for Sunflower Electric is not a reality. The project would add two high-powered coal units to Sunflower's existing Holcomb station, each would be capable of generating 700 megawatts. Last year, KDHE Secretary Rod Bremby denied Sunflower an air permit, citing the potential CO2 emissions in his decision. The Kansas Legislature passed three bills which would have allowed the expansion, but Governor Kathleen Sebelius vetoed each one. On November 18th Sunflower Electric filed a federal lawsuit in the U.S. District Court in the Kansas District against Bremby and Sebelius as well as Lt. Governor Mark Parkinson. Sunflower spokeswoman Claire Gustin.
Gustin: The suit asks for injunctive relief to keep them from further using CO2 and the notion of selling power outside the state of Kansas as reasons to deny the air permit for the Holcomb expansion.
LF: Gustin says the basis for the suit is twofold: Sunflower believes the 14th amendment, was violated, which requires states to provide equal protection and due process of the laws. Secondly, by denying the air permit interstate commerce is being prohibited. Governor Sebelius' press secretary released the following statement:
Our office was served [on the 18th] and the Attorney General's office will review the filing on the Governor's behalf.
There is already an appeals process for administrative hearings at the state level and the case is currently pending so it seems as if they're trying to pre-empt the state litigation with a new federal lawsuit.
Spokeswoman Maggie Thompson for the KDHE office offered no comment due to ongoing litigation. Gustin says Sunflower has not been treated fairly based on the 14th amendment and points to the number of other permits that have been issued.
Gustin: Secretary Bremby has stated that since the administration took over in 2003, they've issued more than 3000 air permits and in fact they've issued over 300 since our air permit was denied. We deserve to be treated the same way everyone else has been. Other people that have applied for air permits that do emit CO2 have received them. So why are we being singled out?
LF: However, Gustin did not claim that any others receiving permits emitted as much CO2 as the Holcomb expansion project would.
Gustin: You know the amount of co2 is not really the issue here. The issue is: are we treated the same way as other emitters or have we been discriminated against? Frankly, you could say what if there were ten of those permits that they did approve that would collectively emit more co2 than the Holcomb expansion.
LF: Spokeswoman Stephanie Cole says CO2 is the issue that the Kansas Sierra Club has with the expansion.
Cole: Our main concern with the Holcomb expansion is global warming pollutants, the carbon dioxide emissions. From these plants, collectively, the two plants would emit 11 million tons of carbon dioxide per year. That's astronomical. It would literally be the equivalent of placing 2 million new cars on the Kansas highways every year for the next 50 years.
LF: Cole says the Sierra Club was disappointed to see Sunflower file the lawsuit.
Cole: It's our belief that the secretary as well as the administration has acted well within their authority and really it looks like it's just an attempt from the coal industry to take away state rights to take action on global warming. You know it's really clear that clean energy is where we're moving and states should feel free to pursue clean energy and not feel threatened by doing so.
Cole says the Sierra Club does not support building more coal plants in Kansas, which she describes as already being coal-heavy. For High Plains Public Radio, I'm Lindsey Fields.
© Copyright 2010, hppr
