ILNews

Judge orders shutdowns of plant units

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge in Indianapolis has ordered the shutdown of three units at a Terre Haute coal-fired power plant because of clean air violations committed almost two decades ago.

In his 58-page ruling issued late Friday afternoon, U.S. Judge Larry McKinney in the Southern District of Indiana ruled that Duke Energy - which bought out Cinergy Corp. in 2006 - has to close three units by Sept. 30.

This is the latest decision in the decade-old case of U.S., et al. v. Cinergy Corp., et al., 1:99-CV-1693, which involves issues surrounding parts of the Clean Air Act intended to make sure that older power plants that have major upgrades also meet more modern pollution limits with new permitting and emissions controls. A federal jury in a May 2008 liability trial found that Cinergy had violated the law at its Wabash plant, but cleared the company regarding modifications made at four other plants in Indiana and Ohio. A remedy trial earlier this year paved the way for this ruling from Judge McKinney.

Most of the plant's capacity is unaffected by the ruling, which calls for units 2, 3 and 5 to be closed down.  The remaining two Duke-owned units at the station will be unaffected. The change will remove about 39 percent of the station's overall 677-megawatt power-generating capacity by shutting down units that are more than 50 years old, according to Duke.

Judge McKinney accelerated a timetable proposed by Duke in February, ordering that the shutdown happen this year rather than 2012. His ruling also means the company won't have to install additional emissions reduction equipment on the two units staying open, that Duke will need to surrender money spent between May 2008 and September 2009, and that Duke will pay less in fines on the Beckjord plant near Cincinnati - $687,500 instead of $1.32 million.

"We are disappointed with the court's decision to accelerate the shutdown...," Duke Energy Chief Legal Officer Marc Manly said in a written statement. "But even though disappointed, I will reiterate our satisfaction that after 10 years of litigation, the company's position regarding power plant projects was vindicated in the vast majority of instances about which the government originally complained. We will continue to review the Court's ruling and evaluate our options."

This fits into a larger clean air violation puzzle ongoing in federal court. After last year's trial, Judge McKinney ordered a new trial be held on projects at three plants in Indiana and Ohio. That happened last month, and the jury found violations on two repair projects at the Gallagher plant in Floyd County and none at four other projects at the Gibson plant in southwest Indiana and the Beckjord plant in Ohio. A second remedy phase for these recent violations hasn't yet been scheduled.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT