Judges delay permitting for coal-fired plants

AUSTIN – A coalition of environmental groups and local governments won more time Wednesday to prepare their case against TXU Corp.’s efforts to build six controversial coal-fired power plants.

A panel of administrative judges slowed the permitting process a day after a state district judge blocked Gov. Rick Perry’s executive order fast-tracking the permitting process for coal-fired, electricity-generating plants.

The judges set the next hearing for June 27, more than four months after testimony in the case was set to begin.

“This decision gives the entire state time to take a deep breath, and it gives the Legislature a chance to decide whether we need all these coal plants,” said Tom “Smitty” Smith, director of the Texas chapter of Public Citizen, a public interest watchdog group. He added that some of the 10 or so environmental groups opposed to TXU’s plan to build power plants had insufficient time to adequately prepare their case.

TXU, which wanted a 30-day delay, is seeking permits for 11 plants. The State Office of Administrative Hearings had been scheduled on Wednesday to hear testimony on permits for six of the units.

TXU said new plants are needed to meet Texas’ growing energy needs.

Building new plants, and enabling older ones to be shut down, would result in cleaner air, the company said.

“We’re committed to reducing key emissions by 20 percent,” said company spokeswoman Kim Morgan.

She faulted environmentalists for having a “knee-jerk reaction” to coal. “Our new units will be 80 percent cleaner than the average U.S. coal plants,” Morgan said.

But opponents insist the technology is outdated and would contribute to unhealthy levels of nitrogen oxides, which combine with other chemicals to produce smog and mercury, adding to global warming.

Smith said the state should explore meeting energy needs through conservation before considering new plants.

Barring court appeals, three commissioners with the Texas Commission on Environmental Quality will make a final decision on whether to issue the permits. The commissioners are Perry appointees.

The two sitting commissioners are apparently deadlocked on the issue, Smith said. A third Perry-backed nominee has yet to go before the Texas Senate for confirmation.

Source: www.chron.com