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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT