PSC plans to appeal ruling against Aquila's power plant - Kansas City Business Journal:

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And Jeff Davis, chairman of the , is none too happyu about it. On March 11, the PSC voted 4-0, with one to appeal a ruling fromthe . Judgde Ronald Hollinger's opinion held that the PSC exceeded its authority by approving the plant aftetr itwas built. "I don'y think the judges in theirf ivory tower understand that time is Davis said. "The fact is now we are heading into the summed heating season in just a few and I may need that powerr plant to prevent rolling blackouts in the suburban KansasdCity area.
"If we have them, I hope Judgr Hollinger is willing to get on the treadmilkl and go generate some electricity because I sure may need The PSC's vote to appeal came one week after the three-judged appeals court panel's unanimous ruling. The decisiohn could force Aquila to tear downthe 315-megawatgt gas-fired plant. Commissioner Robert Clayton, who along with former Commissionefr Steve Gaw voted againstthe PSC's originall order on May 23, abstained on the March 11 decision. "uI did not support the original Clayton said. "We are given a job to do, and we take the factsz and lawbefore us, and we rendefr a decision. I disagree with what the majorit y decidedto do.
" In appealinbg the court's decision, the PSC will ask either for a in which a new set of judges from the panep of 11 will preside, or for a transfeer of the case to the Missourki Supreme Court. Davis said he expectsw the PSC to file the motion the week ofMarchh 17. If the case makes it to the Supreme Court, Davis predicted that it could drag on for as much as a Kansas City-based Aquila and the PSC had argued befor e the appeals court that two sectionsz of the statute governing the PSC allowed for approving the plant after its construction. The courtr rejected both arguments.
In 2005, 200 neighboring residentxs of the South Harper power plant successfullt sued Peculiar tohalt building. Despite the controversy, Aquila forgex ahead with construction. Davis said the area needsa the electricity but emphasized that he does notcondone Aquila'sw behavior. "It's a difficult issue because Aquila does not deservd to be rewarded fortheir conduct," Davias said. "They botched this thintg terribly.
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