June 3, 2013
by Melissa Blakley
In a big win for the Sierra Club and Kansas City Area residents, Missouri’s Administrative Hearing Commission issued an order today denying KCPL’s motion to dismiss and ordered KCPL to provide discovery documents requested by Sierra Club concerning Iatan I operations.
- KCPL’s motion to dismiss was denied: Kansas City Power & Light was issued a permit to build a new coal-burning power plant by the Missouri Department of Natural Resources (MDNR) earlier this year. We appealed that decision. KCPL sought to have our appeal thrown out and lost—WE WON and the appeal continues.
- KCPL is ordered to turn over documents: At a public hearing in Weston last year, students from Washington University’s Environmental Law Clinic presented compelling evidence that KCPL upgraded their existing power plant—Iatan I—in recent years without seeking a new permit. If the upgrade occurred, it did not include a required upgrade in pollution controls. Sierra Club attorneys are seeking documents from KCPL concerning changes to the Iatan I facility since it has a direct impact on the permit issued for proposed Iatan II. KCPL asked the Administrative Hearing Commission to exclude the Iatan I documents. The Commission ordered KCPL to turn over the documents to Sierra Club attorneys.
- Next hearing moved to March 2007: The Commission moved the appeal hearing back six months from August 2006 to March 2007—3.5 years from the time KCPL first announced plans to build a new power plant and Sierra Club opposition began. This provides additional time for our attorneys to review documents and prepare their case. It also provides additional time for organizing opposition in the Kansas City Region.