‘Zombie’ plant provokes court fight (Danskammer)
Earthjustice, Sierra Club, and the National Parks Conservation Association (NPCA) are moving to revive an earlier lawsuit to ensure that one of New York state’s oldest and dirtiest coal plants, which has been shut down since October 2012, doesn’t reopen under new ownership.
The Danskammer plant, located along the shore of the Hudson River in the town of Newburgh, has been responsible for more toxic pollution than nearly all of the total 646 industrial sites in the state and for numerous violations of federal air quality standards. According to EPA data, in 2009 the Danskammer plant dumped more than 1.5 million pounds of toxic chemicals into Newburgh’s air, land, and water.
The Sierra Club, NPCA, and Earthjustice took action in 2012 to demand modern pollution controls at the plant that would limit air pollution. In December, 2012, the plant’s then-owner, Dynegy Inc., announced it was selling the plant in bankruptcy proceedings and the plant would be torn down following its sale. But last November, new owner Helios Power Capital indicated that it is evaluating the possibility of bringing the plant back into operation.
“Air quality at Acadia National Parks and other treasured landscapes in the region would benefit greatly from the retirement of Danskammer. It is unfortunate that restarting this polluting operation is back on the table,” said Oliver Spellman, of the NPCA.
“New Yorkers are ready for our state to move beyond coal and invest in clean, renewable energy. Retiring the Danskammer coal plant was an important step in that direction, but bringing the plant back would again put the health of thousands of New Yorkers at risk—just when they thought they would be able to breathe easier,” said Lisa Dix, senior New York representative for the Sierra Club’s Beyond Coal Campaign.
“The Danskammer plant has done enough harm to its neighbors and must not burn coal again. It’s time to bring power generation in New York into the 21st century,” said Earthjustice attorney Charles McPhedran.
Suit aims to block backroom deal (Cayuga)
Ratepayers, elected officials and environmental groups are filing a lawsuit in state Supreme Court demanding access to documents related to backroom deals over the fate of a pair of controversial power plants: the Dunkirk plant in Chautauqua County and the Cayuga plant in Tompkins County.
The suit follows an announcement by Governor Andrew Cuomo of a $650 million backroom deal to convert the uneconomic coal plant in Dunkirk to natural gas—foregoing a far cheaper and cleaner option to invest in transmission line upgrades that would make New York’s electric grid more efficient and better able to accommodate renewable energy.
The Public Service Commission—the agency charged with reviewing the conversion proposal for the Dunkirk and Cayuga plants—has yet to receive a final written proposal from plant operators, let alone review it, accept public comment, or issue a decision. Moreover, critical documents related to the conversion plans have been withheld from the public, despite repeated requests from the groups involved in the lawsuit.
“The governor’s announcement that a deal has been made before the proposal has even been written and reviewed by the Public Service Commission demonstrates a flagrant abuse of authority, and is the latest example of the flawed public process that our lawsuit aims to challenge,” said Tompkins County Legislator Carol Chock.
“Converting these plants to natural gas would lock the region into continued use of fossil fuels and could hike electricity bills for people and businesses across a 20-county region in western and central New York.”
The groups are suing the PSC for access to documents believed to detail the environmental impacts and rate hikes associated with the conversion of the Dunkirk and Cayuga plants—including records of meetings between PSC staff and plant operators that led to the $650 million Dunkirk plant deal.
Chock, along with Town of Caroline councilmember Irene Weiser, are representatives of Ratepayer and Community Intervenors—a group of ratepayers and elected and public officials from an eight-county region. The group, along with Citizens Campaign for the Environment (CCE) is filing the lawsuit, with help from the nonprofit environmental law organization Earthjustice.
“Instead of leading the way toward New York’s clean energy future, Governor Cuomo appears stuck in the past,” said Earthjustice Attorney Christopher Amato. “The decision-making process surrounding these fossil fuel plants has been characterized by secrecy and backroom dealing. Even as the governor pronounced this project a done deal, the public has yet to see basic information about the rate hikes and the environmental impacts associated with this massive fossil fuel investment.”
The cost of converting the two plants could reach a skyrocketing $1.5 billion—a cost that would ultimately fall to ratepayers. An alternate proposal to upgrade regional transmission lines is believed to cost under $100 million and represents an important investment for future renewable energy projects.
“The public stands to suffer from decades more of fossil fuel addiction and the detrimental environmental impacts that go along with dirty energy, yet the public is unjustly being shut out of the decision-making process,” said CCE Communications Director Brian Smith. “Governor Cuomo’s mantra has been that these types of decisions must be made with all the facts. It’s unfortunate, but necessary, that those representing the public must go to court to get the facts.”
The lawsuit appears to be the first time in more than 20 years that residential ratepayers have banded together to sue the state PSC. But it’s not the first time the agency has come under fire for backroom dealing. Earlier this year, the PSC was criticized by the Moreland Commission on Utility Storm Preparation and Response for locking the public out of its decision-making process.