Sierra Club Appeals Coal Ash Cleanup Costs to Georgia Court of Appeals

Atlanta, GA -- Last week, the Sierra Club continued its legal battle in Sierra Club v. Georgia Public Service Commission and Georgia Power Company over Georgia Power’s 2019 rate case. Specifically, appealing coal ash recovery costs to the Georgia Court of Appeals.

The issue at hand is how coal ash remediation costs are accounted for. The order issued by Fulton County Superior Court Judge Shukura Millender in December upheld the PSC’s decision to allow Georgia Power to collect over $500 million in customer dollars towards its coal ash cleanup estimated costs. Overall, the costs related to ash cleanup are expected to total over $7.5 billion affecting ash ponds across Georgia. 

The Sierra Club has repeatedly argued that Georgia Power should not be entitled to reimbursement from its customers until it provides clear and detailed cost estimates related to cleaning up its coal ash ponds, which are repositories holding decades of toxic ash residuals from burning coal. Sierra Club also argues that ratepayers shouldn’t have to pay for these environmental clean-up costs because the costs are necessitated by Georgia Power’s decades-long unreasonable coal ash handling, and because Georgia Power has not received all the required Environmental Protection Division permits approving its closure plans.

Coal ash has devastating impacts on local communities near coal ash ponds and the overall environment of Georgia. Coal ash contains dangerous toxins like arsenic, mercury, lead, and chromium that poison groundwater. Drinking contaminated groundwater or consuming contaminated fish increases the risk for serious health complications, like cancer and heart problems. Even short term exposure can cause respiratory issues, dizziness and nausea. 

Stephen Stetson, senior campaign representative for the Sierra Club Beyond Coal Campaign in Georgia, issued the following statement:

“We won’t stop fighting for coal ash transparency in Georgia. Cleanup needs to be done right the first time -- the stakes are far too high to settle for inadequate “pollute in place” that exposes groundwater to coal ash pollution. Before the Public Service Commission approves of putting these environmental compliance costs into the bills of consumers, the law requires additional details for how Georgia Power will protect Georgia communities - especially if it wants to charge customers for its own mess. “Trust us, we got it,” is not an answer we will accept.”

"We just saw North Carolina courts apply a skeptical eye to utility cost recovery plans around coal ash issues, and we hope Georgia will also send these rate-making issues back to the drawing board for more specifics about compliance.”