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October 1, 2006 
Press Release: Sierra Club moves to STOP KCP&L from constructing Iatan II
Requests “STAY” from the Administrative Hearing Commission

Kansas City, MO– On Friday, September 29th, Sierra Club filed a “Motion for Stay” before the Missouri Air Conservation Commission and the Missouri Administrative Hearing Commission requesting that KCPL be prevented from constructing Iatan II until Sierra Club’s appeal of KCPL’s PSD construction permit is resolved.  The matter is set for an evidentiary hearing March 5-9, 2007.  Brief, Motion to Stay, Exhibit A

Local press reports indicate KCPL intends to begin construction of a new coal-burning power plant – Iatan II – in the immediate future, in spite of a recent ruling allowing Sierra Club’s appeal to proceed and ordering KCPL to turn over documents regarding an illegal modification at Iatan I.  That apparent modification could have a material affect on KCPL’s Iatan II permit.

Missouri Sierra Club contends that the Missouri Department of Natural Resources (DNR) unlawfully exempted KCPL from complying with the otherwise-required ambient air impact requirements that are a prerequisite to the issuance of a PSD construction permit.  If the Sierra Club prevails on the merits of the appeal, the Air Conservation Commission would remand the permit to DNR to make the required ambient air impact analyses with respect to NOx and SO2 emissions from Iatan II.  To be effective, air quality impact analyses must be completed pre-construction. 

Conducting air quality impact analyses post-construction makes a sham of the entire permitting process that is intended to protect public health.  “The children of Platte County deserve better from KCPL, from DNR and from the Air Conservation Commission” said Susan Brown of Concerned Citizens of Platte County.  “We are confident the judge will come to the obvious conclusion that KCP&L illegally modified Iatan I without upgrading their pollution equipment and require the air quality analyses.  The children of Platte County, including my two children, have been subjected to unnecessarily high contaminant levels and we hope the courts will hold KCP&L accountable.  In the mean time, KCPL should absolutely not be allowed to move forward with their construction plans."

“KCPL must be stopped.  Their obsession with building an outdated coal plant is putting our health and our environment at risk.  Instead of investing in a mix of modern technologies to power our community in the 21st Century, KCPL is investing in nothing but out-dated coal technology that increases global warming pollution and health problems for all.  And rate payers are on the hook to pay for their mistake for the next 50 years,” said Sarah Hoffmann, owner of Green Dirt Farm near Weston, Missouri.  Sarah, her husband John Spertus, and three children just built a zero-energy home in the shadow of Iatan I.

Sierra Club’s public interest litigation in this matter is intended to ensure the highest standards of protection of public health are incorporated into the construction permit for the proposed power plant, in accordance with the Clean Air Act.  The public has a significant interest in ensuring that all substantial projects – such as a new coal-fired power plant – comply with air quality standards before undergoing construction

Melissa Blakley, Missouri Sierra Club, 573.999.7388
Maxine Lipeles, Washington University School of Law, 314.935.5837
Bruce Nilles, Sierra Club, 608.712.9725

Brief, Motion to Stay and Exhibit A  

Additional information:
1. Missouri- what we do. Select coal.
2. KPC&L dirty air permit challenged.