HAYS, Kansas, November 18, 2008 (ENS) – Sunflower Electric Power Corporation today filed a lawsuit in federal court against Kansas Governor Kathleen Sebelius and other state officials over the denial of an air quality permit for the expansion of the cooperative’s coal-fired power plant at Holcomb Station in Finney County.

The October 2007 decision to deny the air quality permit for two proposed 700 megawatt units was the first in the United States to do so on the grounds that the carbon dioxide emissions from burning coal to generate electricity would contribute to global warming.

The lawsuit asserts that the officials violated Sunflower’s right to fair and equal treatment under the law and are unlawfully prohibiting interstate commerce.

Named in the lawsuit in addition to Sebelius, are Lt. Gov. Mark Parkinson and Secretary of the Kansas Department of Health and Environment Roderick Bremby.

The lawsuit asks the court to order that these three officials be stopped from preventing the regional wholesale power supplier from pursuing the expansion.

Sunflower operates a 1,257 MW system of wind, gas, and coal-based generating plants and a 2,300-mile transmission system for the needs of its six member cooperatives who serve more than 400,000 customers living in central and western Kansas.

Earl Watkins, president and CEO of Sunflower, said today, “In denying the air permit, the administration has discriminated against 400,000 Kansans and over 1.5 million citizens from other states who will be forced to pay the price of this decision for decades to come through higher electric rates. We believe we have an obligation to act on behalf of the people we serve and to correct this wrong.”

Watkins contends that Bremby denied Sunflower the permit required for construction of two new coal-fired electric generating units although carbon dioxide is not currently regulated in Kansas or the United States.

Watkins complains that Bremby continues to issue permits to emit carbon dioxide but has not defined what constitutes an acceptable level of carbon dioxide, only that the amount associated with Sunflower’s expansion project is “too much.”

Sunflower Electric’s existing coal-fired power plant
at Holcomb. (Photo courtesy Sunflower Electric)

“Sunflower’s permit application satisfied all KDHE rules and regulations governing the air permit process. The KDHE technical staff recommended to the secretary that the permit be approved, yet Secretary Bremby denied the permit,” Watkins said.

“Sunflower’s permit application is the only one – out of thousands of such applications since 2003 – that the KDHE has denied. This is unfair and a violation of rights guaranteed to Sunflower by the U.S. Constitution,” Watkins said.

Three legislative attempts by the Republican controlled Statehouse to approve the two new coal-fired units have been vetoed by Governor Sebelius.

In an open letter to Kansans issued on October 25, 2007, Governor Sebelius justified her support of Bremby’s decision, which has been controversial since it was announced.

“This decision will not only preserve Kansans’ health and uphold our moral obligation to be good stewards of this beautiful land, but will also enhance our prospects for strong and sustainable economic growth throughout our state,” Sebelius said.

“Instead of building two new coal plants, which would produce 11 million new tons of carbon dioxide each year, I support pursuing other, more promising energy and economic development alternatives. Kansas has great opportunities in clean energy and alternative fuels.”

“Only 15 percent of the energy produced in the remaining two plants would be used in Kansas; the remaining 85 percent would be sold to Colorado and Texas,” the governor said. “So Kansans would have 15 percent of the energy and 100 percent of the pollution and environmental impact of 11 million new tons of CO2 each year. That is the equivalent of putting nearly two million new cars on Kansas roads in one year.”

Watkins argues that it is not against Kansas or U.S. law to export products, including electricity, and the administration continues to promote exports of electricity generated by wind and other Kansas products. “It is, however, against the law to interfere with interstate commerce,” he said today.

“In a time of economic downturn, it seems unconscionable that a project like this would be denied since it creates 329 jobs earning more than $16 million in annual wages and fully complies with all state and federal requirements while helping to secure our energy independence,” Watkins said.

He says that today’s new technologies have resulted in 70 percent fewer emissions for a new coal plant than a coal plant coming online in 1980, adding, “The Holcomb Expansion Project, as designed, will be the cleanest plant in the region with regulated emissions that are 90 percent less than the average coal plant in the U.S. generating fleet.”

Governor Sebelius said in her open letter that throughout the nation, “there is a growing recognition of the harm caused by carbon.”

More than a dozen states, including Oklahoma, Florida and Texas have decided, in the last 18 months, not to build new coal plants, she pointed out.

In April 2007, the U.S. Supreme Court ordered the U.S. Environmental Protection Agency to determine the effects of carbon, and stated that the agency had the authority to impose regulations on the greenhouse gas carbon dioxide, emitted by the burning of fossil fuels such as coal. No such regulations have yet been imposed.

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TOPEKA, Kansas, April 17, 2008 (ENS) – Kansas Governor Kathleen Sebelius, a Democrat, today again vetoed legislation that would have overturned a decision of her administration to deny an permit application to build two new coal-fired power plants in western Kansas.

The measure, SB 148, supported mainly by Republicans, passed without a veto-proof majority of state legislators.

Last October Secretary of Kansas Department of Health and Environment Rob Bremby denied a permit to regional wholesale power supplier Sunflower Electric Power Corporation to build two new 700 megawatt power plants at its Holcomb Station because of the greenhouse gases they would have produced.

The bill Sebelius vetoed today would have permitted the power plants and stripped the state agency of the power to deny such permits in the future if they held utilities to standards stricter than those in the federal Clean Air Act.

The existing Sunflower power plant at Holcomb,
Kansas. The company wants to expand it
with two new units. (Photo courtesy National
Energy Technology Lab)

“Legislators who promote the expansion of coal-fired plants in Kansas made a strategic decision with SB 148,” said Sebelius. “Rather than working toward a compromise solution or having any conversation about energy policy, this bill was drafted behind closed doors. It contains the same onerous elements of the previous bill that I vetoed; and again, these are elements I cannot accept and will not support.”

“This maneuver has done nothing to address the issues at hand – developing comprehensive energy policy, providing base-load energy power for Western Kansas, implementing carbon mitigation strategies and capitalizing on our incredible assets for additional wind power,” the governor said.

Opponents of the Sunflower project say wind and conservation are better alternatives to new coal plants, which will send 85 percent of their electricity outside the state anyway.

Supporters say Western Kansas needs the power, and that rejecting the plants will create an unstable business climate and scare future investments away.

But the political climate is changing and supporters of coal power are facing challenging times at both federal and state levels.

President George W. Bush, a long-time climate change skeptic, announced a policy shift Wednesday that would halt the growth of greenhouse gas emissions by the year 2025. While not soon enough for many scientists and environmentalists, the announcement signals a recognition that climate change is a real threat that the government must address.

Sebelius said today that the president’s announcement underlines the necessity of her decision not to allow more coal-fired power plants to be construction in Kansas.

“President Bush has announced a new goal for stopping the growth of greenhouse gas emissions, and recognized that the power sector must make significant efforts to achieve that goal,” she said.

“Since the most likely way to achieve this goal is through a cap and trade system, which would, in effect, tax carbon, it would be unfair to Kansans for our utilities to build coal-fired plants for other states until we can evaluate the costs of those plants for Kansas tax payers and rate payers.”

“We must remember the decisions we make today have a huge impact on Kansans for generations to come. The challenges before us can and should be met through a common sense solution,” she said. “I am still hopeful we can have meaningful discussions about a true compromise; rather than being sent the same bill in disguise yet again.”

With this action, Sebelius has signed 91 bills this legislative session and vetoed two.

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TOPEKA, Kansas, March 21, 2008 (ENS) – Kansas Governor Kathleen Sebelius today vetoed legislation that would have overturned a decision of her administration to deny an permit application to build two new coal-fired power plants because of the greenhouse gases they would have produced. The measure passed without a veto-proof majority of state legislators.

Last October Secretary of Kansas Department of Health and Environment Rob Bremby denied a permit to regional wholesale power supplier Sunflower Electric Power Corporation to build two new power plants at its Holcomb Station in western Kansas.

Kansas Governor Kathleen
Sebelius (Photo
courtesy Office of
the Governor)

The bill Sebelius vetoed today would have permitted the power plants and stripped the state agency of the power to deny such permits in the future if they held utilities to standards stricter than those in the federal Clean Air Act.

“We know that greenhouse gases contribute to climate change,” Sebelius said. “As an agricultural state, Kansas is particularly vulnerable. Therefore, reducing pollutants benefits our state not only in the short term – but also for generations of Kansans to come.”

“Of all the duties and responsibilities entrusted to me as governor, none is greater than my obligation to protect the health and well-being of the people of Kansas,” Sebelius said. “And that is why I supported the decision of the Secretary of Kansas Department of Health and Environment regarding Kansas’ energy future. For that reason, I must veto House Substitute for SB 327.”

“Instead of building two new coal plants, which would produce 11 million new tons of carbon dioxide each year, I support pursuing other, more promising energy and economic development alternatives,” the governor said.

“With the increasing pressure for the federal government to develop national standards for carbon emissions, there is a high probability coal will become a lot more expensive in the next several years,” she said. “Countries throughout Europe and South America already have standards in place and states are following suit.”

“Federal legislation has been introduced that would have the net impact of taxing carbon,” Sebelius said. “If any of the proposals are adopted, utility companies and their customers will pay far more for energy which produces carbon. It will also require spending billions on equipment to clean the atmosphere as thoroughly as possible. Building additional coal plants now is likely to create a significant economic liability for Kansas in the future.”

The utility contends that by not allowing the coal-fired plants to be built, the governor will make Kansans pay more for electricity.

“I am certainly disappointed by the governor’s veto,” said Earl Watkins, Sunflower’s president and chief executive. “This compromise bill was the result of many months of hard work by Democrats and Republicans in both the House and the Senate. The legislation protects our environment, supports renewable energy and energy efficiency programs, and restores confidence in government.”

If not resolved, this veto will unnecessarily raise electric rates for Kansas families and punish our Kansas workers and industries,” Watkins said. “We are experiencing significant growth on the Sunflower system, and we must add new coal generation to support our existing natural gas and wind generation assets.”

Sunflower’s existing coal-fired power
plant at Holcomb, Kansas
(Photo courtesy Ohio
Citizen Action)

Plans for the new Holcomb power plants included burning low-sulfur coal from Wyoming’s Powder River Basin, state-of-the-art air emissions control technology, powdered activated carbon injection for mercury control, and no wastewater discharge.

But Sebelius said the bill she vetoed fails to promote wind power and “sends the wrong signal to potential investors for transmission lines and additional wind power.”

“The renewable standard and timetable in this bill slows down the progress we have already made, and dilutes the voluntary agreement now in place with utility companies in Kansas,” said the governor.

Earnie Lehman, president and chief executive of the utility Midwest Energy, said the veto will have a negative effect throughout the state.

“The governor’s veto fails to meet our customers’ need for reliable, efficient, and cost-effective around-the-clock energy,” said Lehman. “Midwest Energy’s leadership in securing wind energy and expanding energy efficiency and conservation programs is simply not enough to meet our consumers’ energy needs.”

Sunflower’s only coal-fired power plant is at Holcomb Station. Watkins said, “This station serves about 50 percent of our peak load and already has the lowest emissions rate of carbon dioxide and all regulated emissions of any coal-fired plant in Kansas.”

As a compromise, Governor Sebelius offered approval of a permit for one smaller coal-fired power plant, combined with mitigation strategies and additional wind power as long as the power it generates serves Kansas customers first.

“We believe that any proposal to generate significant amounts of new carbon needs to have an accompanying offset plan, recognizing that we are at least a decade away from clean coal technology,” Sebelius said.

The smaller project provides the base load power needed in western Kansas so that economic growth can continue, while allowing time for Kansas to engage in a process underway or completed in 36 other states that would allow our state to develop real and meaningful carbon regulations.

Once those state regulations have been adopted and implemented, applications for additional power plants could be fully considered, the governor said.

Today she issued an Executive Order creating the Kansas Energy and Environmental Policy Advisory Group to engage in “a comprehensive discussion on energy policy, including but not limited to electric generation.”

Sebelius named Jack Pelton, chairman, president and chief executive of Cessna Aircraft Company, to lead this group, which will develop recommendations to the governor involving opportunities to reduce greenhouse gas emissions, as well as a recommended timetable for implementation.

The process will be facilitated by the Center for Climate Strategie, which has developed climate action plans in: Arizona, New Mexico, Montana, Colorado, Washington, Minnesota, North Carolina, and Vermont. State plans are underway in South Carolina, Florida, Arkansas, Michigan, Maryland, and Alaska.

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KANSAS CITY, Kansas, December 11, 2007 (ENS) – Hundreds of thousands of homes across the Midwest lost power overnight due to worsening weather conditions across the region. More than 90,000 Kansans woke up to cold, dark homes without power this morning, up from 25,000 last night.

Ice storm warnings remain in effect for portions of extreme northern Texas through Oklahoma, Missouri, and Iowa and northeastward into northern Illinois and southern Wisconsin.

The storm has produced major power outages, broken tree limbs, and numerous traffic accidents and fatalities from northern Texas to Illinois, but there have been no impacts to nationally significant critical infrastructure.

Up to a half an inch of ice coated the ground, trees and power lines across the Midwest, and conditions worsened throughout the day in many areas. Over 600,000 total power outages have been reported by affected states.

President George W. Bush signed an emergency declaration for Oklahoma on Monday. The Oklahoma, Kansas, Missouri, and Illinois State emergency operations centers are partially or fully activated.

Kansas Governor Kathleen Sebelius and Missouri Governor Matt Blunt have declared states of disaster and mobilized National Guard and emergency operations centers.

“We are ready to assist local governments as conditions worsen and make it possible that state resources will be needed,” Sebelius said. “We urge everyone to be extremely careful as conditions are expected to become very dangerous in some areas.”

Seeking to add federal resources to the state resources activated to assist Missourians, Governor Blunt is asking President Bush to approve his request for an Emergency Disaster Declaration for the state of Missouri as a result of severe winter weather. More than 170,000 utility customers statewide experienced power outages from freezing rain and ice.

The American Red Cross and the states report 73 shelters are housing 1,500 to 3,000 people overnight. To date there have been 13 confirmed fatalities related to the ice storm. Ice storms swept across the Midwest, leaving hundreds of thousands of people in the dark. Westar is reporting approximately 50,000 customers without power. Kansas City Power and Light currently has more than 27,000 customers without power. Cherokee, Labette and Crawford counties in southeast Kansas reported more than 15,000 additional customers without power.

Additional power outages occurred throughout the day as more ice accumulated.

The Kansas National Guard has been asked to supply generators to several locations. Today two nursing homes without power in Nemaha County requested generators.

More than 15,000 people were without power in the Wichita area as the ice storm gripped Kansas, and an ice storm warning continues until midnight tonight. But Wichita may have escaped the worst of the storm. Temperatures hovered just above freezing so ice did not accumulate as thickly as forecasters projected.

Last night, the 184th Intelligence Wing in Wichita began transporting generators to southeast Kansas to reestablish power to sewer treatment systems. One generator are in route to Baxter Springs in Cherokee County and one generator is being set up in Chetopa in Labette County.

The Kansas Department of Transportation is reporting most highways are wet and slushy, with the exception of northwest and north central Kansas where roadways are snow packed. No roads have been closed at this time.

Schools were closed across the Midwest and in Iowa, political candidates cancelled campaign events as the ice prevented safe travel. The Mike Huckabee campaign cancelled its first three events today in western Iowa.

Spokesman Eric Woolson said Huckabee was in the air, but he couldn’t land in Omaha, Nebraska or in Des Moines. A number of flights into Eppley Airfield at Omaha were canceled, while the Des Moines International Airport was closed.

About 27,000 Ameren customers were without power across Missouri today, with most of the outages concentrated in mid-Missouri and areas just northwest of the St. Louis area. The utility company brought in hundreds of crews from other utilities and contract companies to help restore power lost in the ice storm that blanketed parts of the state late Sunday and Monday. The hardest-hit area is from Jefferson City to the Lake of the Ozarks.

All day, more freezing rain, sleet and snow fell on parts of the southern Rockies, Central Plains, and Midwest. Additional ice accumulations are forecast to reach up to an inch across northeastern Kansas into northern Missouri and Iowa before the precipitation tapers off tonight.

As the storm moves east, snow is expected across the Great Lakes region and portions of New England late Tuesday into Wednesday.

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In an attempt to satisfy their constituents, and in what appears to be a genuine support of green, Governors from across the country have announced “The Securing a Clean Energy Future” initiative. It outlines some concrete steps to make their states more energy efficient, more homegrown fuels and finally, less polluting. The aim for a 30% reduction of green house gas emission by 2016. The chief architects of state of the initiative are Minnesota Governor Tim Pawlenty, a Republican and current chair of the NGA, and Kansas Governor Kathleen Sebelius, a Democrat.

It is encouraging to note that this is a bipartisan initiative, as this issue is clearly too important for ‘political touch football’. The project will be led by a task force of governors including three democrats and three republicans: from the left, Governors Ed Rendell of Pennsylvania, Brian Schweitzer of Montana, and Chris Gregoire of Washington; and from the right, Jodi Rell of Connecticut, Linda Lingle of Hawaii, and Charlie Crist of Florida.

Some primary elements of “Securing a Clean Energy Future”:

* Use existing energy resources more wisely through efficiency and conservation

* Promote non-petroleum based fuels, such as ethanol and biodiesel

* Take “reasonable steps” to reduce greenhouse gas emissions

* Accelerate the research and development of advanced, clean energy technologies

Securing a Clean Energy Future is happening now, in part, because the federal government has been dragging its heels on enacting important global warming prevention programs. The NGA hopes to instigate the federal government into following suite and initiating more programs and funding for global warming prevention. It looks as if the ploy is already working, as Energy Secretary Bodman attended the press conference announcement with the NGA and pledged $610,000 in federal money to support “Securing a Clean Energy Future”.