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Kansas Liberty: 25 August 2008
Sunflower hopes for appeal of plant rejection
Behind-the-scenes battle continues over coal plant
The case of the coal plant remains in legal limbo.
Gavin Young, a spokesman for the Kansas Department of Administrative Hearings, said the Kansas Department of Health and Environment and Sunflower Electric Power Corp. have both been busy filing briefs in the case, but that no hearing will be scheduled until that behind-the-scenes debate is concluded.
Gov. Kathleen Sebelius has made rejection of the plant a platform for gaining national attention.
Sunflower wants the Department of Administrative Hearings to review the rejection of its proposed expansion of a coal-powered plant in Holcomb. The hearing officer assigned to the case will review briefs filed by both parties before determining whether a hearing is warranted, and, if so, when it will be held.
The hearing officer will have his hands full.
Young said after Sunflower filed its original motion requesting a hearing, KDHE filed a written response. When Sunflower officials read KDHE’s response, they asked to file a response to the response. The request was granted, and Sunflower filed that brief last week.
“The hearing officer has about a four inch pile of paper he’s going through,” Young said.
That pile, at least theoretically, could grow even higher.
“It’s possible that KDHE could ask to file a response to Sunflower’s response to their response,” Young said.
The reams of responses are not public record, at least until after the administrative hearing process is over.
Sunflower alleges that KDHE Secretary Rod Bremby exceeded his authority when he disregarded the recommendation of his professional staff and denied an air permit sought by Sunflower. Bremby said concerns over greenhouse gas emissions led to his decision.
However, Sunflower pointed out in its suit that the state does not have any laws or regulations on emissions standards.
If the Department of Administrative Hearings agrees to consider Sunflower’s motion, the case would be heard by an administrative law judge. If a ruling were issued in favor of the KDHE, Sunflower could appeal the decision. That appeal would be argued before the Kansas Supreme Court, whose members are all gubernatorial appointees.
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