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Posted on Wed, Feb. 28, 2007
By KAREN DILLON and STEVE EVERLY
The Kansas City Star
KCP&L CASE | 850-Megawatt Facility is Under Construction Near Weston
Ruling leaves plant in doubt
A utility's next step is unclear after an appeals court says state law was not followed in hearings.
Opponents of a coal-fired power plant under construction near Weston will get another chance to try to halt it.
A state appellate court on Tuesday said the Missouri Public Service Commission didn't follow state law and lacked jurisdiction to approve how Kansas City Power & Light Co. would pay for the plant.
The next step is unclear. The appeals court could be asked to reconsider its decision, or the case could go to the state Supreme Court.
"We are weighing our options," said Tom Robinson, a KCP&L spokesman.
But opponents of the plant hope the ruling will lead to new public hearings regarding the power plant under construction.
"We are ecstatic," said Melissa Hope of the Missouri Sierra Club. "KCP&L tried to do something outside of the public process to gain approval to build an expensive and dirty coal-burning power plant."
"KCP&L may have to rethink whether they're going to continue building it."
The Sierra Club and Concerned Citizens of Platte County had appealed the case to the Missouri Court of Appeals Western District.
KCP&L had developed a comprehensive energy plan that included building the 850-megawatt plant near Weston, installing environmental upgrades on two power plants and building a wind farm in Kansas. The plan that was approved by the Missouri Public Service Commission included a schedule of public hearings where rates could be discussed.
KCP&L estimated rates increases of up to 25 percent by 2010 to pay for the work.
Normally when a utility seeks a rate increase, it uses what is known as a contested case. Those for and against the increase present their cases to the Public Service Commission, public hearings are held and an agreement can be made.
In this case, however, KCP&L held workshops with the public to explore how the utility would meet future energy needs. Some participants complained at the time that too many details were kept from them. The Sierra Club attorney said she attended all the meetings but still was unaware of parts of the plan.
KCP&L's plan was then approved by the commission.
The commission is in the process of considering the rate increases for each component of the plan. It recently approved increases to pay for some of the components.
But in its ruling Tuesday, the court found that a contested case was never properly begun.
Because of the appellate court's decision, some rate increases are in question.
Robinson said that is something KCP&L officials are going to have to deal with.
Commission officials could not be reached late Tuesday.
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