Parties in a legal action that seeks to allow a coal plant expansion in Holcomb were notified Friday that they have until October 27 to file their final written arguments in the case.

The denial of the expansion by Kansas Department of Health Secretary Rod Bremby because of fears the plant might contribute to climate change is being challenged, and it appears that Sunflower Electric Power Corp. will know before the end of the year whether the issue will be moving onto the Kansas Supreme Court.

The Kansas Legislature has repeatedly supported the coal-plant extension by wide, bi-partisan majorities. But Democrats, aided by liberal Republicans, have been able to help sustain Gov. Kathleen Sebelius' vetoes of the bills.

Three-fourths of the state's energy needs are met by coal-fired plants, all of which use older technology - and contribute more carbon dioxide to the air - than the expansion proposed for Holcomb.

While there is no widely accepted scientific link between carbon dioxide and climate change, and no agreement at all that carbon dioxide is an unhealthful pollutant, environmental activists have made CO₂ emissions a national issue. Former Vice-President Al Gore has called for "civil disobedience" to fight coal-fired power plants such as those in Kansas.

Last month, the director of Gore's co-winner of the 2007 Nobel Peace Prize, the UN's Intergovernmental Panel on Climate Change, said methane from livestock was even worse for the environment than coal-fired plants and called for people to decrease red meat consumption by fasting from meat one day a week.

In August, the Kansas Energy Council issued recommendations that included a call for "federal funding of research and development of generation technologies that can provide base-load power while achieving reduced CO₂ emissions."

These technologies apparently do not include the so-called "clean" coal-firing technology such as that proposed for the expansion in Holcomb. The KEC is soliciting public responses to their proposals, which include several controversial points, including lowering the state speed limit to 65 mph and doubling speeding fines. A public meeting will be held in Wichita Tuesday. Comments can also be submitted online.

Gavin Young, a spokesman for the Kansas Department of Administrative Hearings, said the administrative officer assigned to the case notified parties that once the final written arguments have been filed by Oct. 27, each side will then be given until Nov. 14 to file responses to the other parties’ arguments.

The administrative officer would then have 30 days to review the arguments and either reach a decision or schedule oral arguments.

Cindy Hertel, a spokesperson for Sunflower, said the non-profit company was glad the legal effort was proceeding.

However, any ruling by the administrative hearing officer is non-binding, and Sunflower officials indicate they don’t expect the Secretary of the Kansas Department of Health and Environment, who has already rejected his own staff's recommendations, to overturn his original denial of an air permit, regardless of what the hearing officer recommends.

If KDHE Secretary Ray Bremby indeed stands by his original denial, the case would be taken up by the Kansas Supreme Court.

- Phil LaCerte

Resources:

• Instructions on how to submit written comments to the KEC: http://www.kec.kansas.gov/public_hearing_092008.htm.

• Kansas Energy Council recommendations: http://www.kec.kansas.gov/2008_prelim_policy_recommendations.htm

The Week in Review