Do new regulated power plants proposed by regulated utilities need to undergo a second siting review process?
No. For new regulated units that are proposed by regulated utilities, there is already process by which the utility must justify the need for the facility to the Public Service Commission and must demonstrate that it is the least cost alternative. What is needed for new regulated utility plants is to give meaning to the determination of “environmental compatibility.” The PSC review process includes a recommendation of “environmental compatibility” by the Natural Resources & Environmental Protection Cabinet, yet that review lacks meaningful standards and has been a “rubber stamp” of facilities provided that they will meet permit limits under air, waste and water laws. Merchant units, that will operate at the wholesale level and sell power at market rates, must be reviewed for siting whether proposed by a co-operative, municipality or private investor-owned utility or private corporation. Does HB 540 adequately protect communities and the state from adverse effects of merchant power plan
