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    Friday, February 23, 2007

     

    Delay in TXU coal plant permitting in Texas

    by Dollars & Sense

    In October 2005, Texas Governor Rick Perry signed an executive order that, among other things, cut the length of permit hearings for new power plants in Texas from 18 months to only six. Last year, Dallas-based power company TXU filed permit applications for 11 new coal-burning power plants that would more than double the company's emmisions of the greenhouse gas carbon dioxide—a consequence that many consider outrageous, considering that Texas leads the nation in CO2 emissions and TXU is the state's largest CO2 polluter.

    TXU argues that the new plants will meet Texas' desperately growing need for electricity and that not to build them would have sever consequences for the Texas economy. Opponents argue that the potential costs in federal funding and public health outweigh the alleged energy benefits, and that there are cleaner and more economically stimulating ways to provide the needed electricity.

    The TXU permit hearings were set to begin Wednesday, but on Tuesday Texas State District Judge Stephen Yelenosky ordered a four-month delay to allow opponents to better prepare their case. The permit hearings are now set to begin June 27.

    According to the Dallas Morning News, "Judge Yelenosky said his decision hinged on whether the governor may constitutionally direct a hearing officer to reach a decision by a particular deadline." Yelenosky wrote, "I have concluded that the plaintiffs are likely to prevail on their argument that the governor lacks that authority."

    Perry's office issued a two-sentence reply: "No one should be surprised that a single liberal Austin judge would rule against Gov. Perry and his efforts to increase energy capacity in Texas. We will take a close look at the ruling and make a determination on how we will proceed."

    No one should be surprised by Perry's response, either—considering that, since his October 2005 fast-track order, Perry's re-election campaign has received more than $100,000 from entities associated with TXU and its proposed plants, as well as five other proposed plants.

    As the new June 27 hearing date approaches, various legislative actions and activism are in the works to prevent the new plants altogether. A large coalition of state and national environmental, business, and citizens' groups are leading rallies and grassroots lobbying efforts, and the Rainforest Action Network is pressuring the banks that might finance TXU's plants to withhold their support should the permits be approved. Look for more on this story in the Mar/Apr issue of Dollars & Sense.

    Sources
    Environmental Defense's overview of the issue
    Fort Worth Star-Telegram
    Dallas Business Journal
    Dallas Morning News

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    2/23/2007 09:26:00 AM