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Coal plants hearing delayed until June

05:36 PM CST on Wednesday, February 21, 2007

Associated Press

AUSTIN — The permitting process for six coal-fired plants was pushed back four months Wednesday, granting a request from environmental groups who wanted more time to prepare their cases in opposition.

A day after a state court blocked Gov. Rick Perry's order fast-tracking the permits, a panel of administrative judges set June 27 for the next hearing in the case that was initially slated to begin Wednesday.

The process before the State Office of Administrative Hearings will be slowed to “provide a bit more time to allow all the parties to fully prepare, have their Ts crossed with response to testimony and that sort of thing,” administrative judge Kerry Sullivan said.

At issue is Dallas-based TXU Corp.'s proposal to build six coal-fired plants in North, East and Central Texas.

Lawyers for citizen groups opposed to the plants argue that Texas and Oklahoma residents didn't have enough time to prepare for the high-stakes permit hearings.

“We've had numerous problems with the process in this case and we continue to have those issues,” said Karen Hadden, executive director of the Sustainable Energy and Economic Development Coalition.

“What a bunch of nonsense,” said TXU attorney John Riley. Riley argued that the groups had not made an adequate effort “in terms of preparing themselves with what was supposed to be a hearing today.”

A state district judge ruled Tuesday that Perry's executive order to speed the permitting process for 19 proposed plants is not binding on the state hearing administrators.

TXU contends the coal plants will lower utility costs and help provide needed power supplies for the future. TXU has argued that unless action is taken now the electricity supplies in Texas will fall below reliable levels by 2009.

"Texans really can't afford to wait any longer. The energy experts in this state warn that by the end of this decade the supply we have is going to begin to drop to dangerous levels," said Kim Morgan, TXU spokesperson.

A number of Texas cities and citizen groups oppose the plants.

"Why the rush here? There are alternative sources of energy. There are other ways to keep the lights on in Texas. Why are we rushing to basically permit old technology?" said Jim Blackburn, environmental lawyer.

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KVUE's Elise Hu contributed to this report

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