State unable to prove KCP&L violated rules

The evidence that would show whether a coal-fired power plant near Weston violated its permit is inconclusive, according to the Missouri Department of Natural Resources.

The power plant, known as Iatan 1, has become part of the controversy over Kansas City Power & Light's plans to build a second coal-fired power plant next to it.

Opponents of the utility's plans think KCP&L upgraded Iatan 1's boiler without installing additional pollution controls as required by law. As a result, the plant has spewed thousands more tons of toxic chemicals into the region's air than it should have, they say.

But KCP&L officials have said the plant was never modified.

Late Tuesday, the Department of Natural Resources issued a permit that allows the utility to move ahead with its $1.3 billion plans to build Iatan 2 and to install more pollution controls on the Iatan 1 and LaCygne plants.

Concerning Iatan 1, the department said that it was "possible KCPL invested in a modification to get more power. … It is also possible that KCPL has simply pushed the turbine beyond its … capacity."

In other words, said Kyra Moore, permits section chief for the Natural Resources Department, the agency could not determine whether KCP&L upgraded the Iatan 1 boiler.

But she pointed out that the new permit contained a special condition that would ensure that KCP&L complied in the future with its permit regarding the amount of heat it generates, which is linked to measurements of a plant's power output.

KCP&L on Wednesday said it welcomed the new permit and wanted to recognize the state agency's "due diligence" in the permit process.

Tom Robinson, a spokesman for the utility, reiterated that KCP&L did nothing wrong at Iatan 1.

"All of our work at Iatan has been routine repair, replacement and maintenance," he said.

The state report noted that KCP&L has agreed to decrease emissions of nitrogen oxide and sulfur dioxide by thousands of tons a year at Iatan 1.

However, the Sierra Club and other opponents say the decrease still will not equal the levels required by the federal government for other plants around the country.

The Sierra Club issued a press release saying it was "very disappointed" that the state agency had failed to conduct a thorough investigation. It called for a "full investigation into the violations outlined by Washington University."

Evidence of a boiler upgrade came largely from an analysis conducted by the Washington University Law School's Interdisciplinary Environmental Clinic.

•	State unable to prove KCP&L violated rules Permit approved for new plant Kansas City Star, Thursday, Feb. 2, 2006 Byline: Karen Dillon, The Kansas City Star

	Story also ran in 14 others:  Associated Press, Knight Ridder Tribune News Service, The State (SC), Fort Worth Star Telegram (TX), Topeka Capital Journal (KS), Kansas City Star, Charlotte Observer (NC), Fort Wayne Journal Gazette (IN), San Luis Obispo Tribune (CA), San Jose Mercury News (CA), Akron Beacon Journal (OH), Kansas.com, Centre Daily Times (PA) and Belleville News-Democrat (IL)