SWEPCO pulls coal plant lawsuit


CSA Z462 Arc Flash Training - Electrical Safety Compliance

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$249
Coupon Price:
$199
Reserve Your Seat Today

Act 910 of 2011 Arkansas PSC makes the Arkansas Public Service Commission the exclusive forum with jurisdiction, requiring administrative exhaustion; SWEPCO seeks federal dismissal of state-law claims over a major utility facility.

 

Top Insights

Arkansas law making the PSC the exclusive forum on utility facilities, requiring administrative exhaustion before courts.

  • Designates the Arkansas PSC as the exclusive forum for disputes.
  • Grants primary and final jurisdiction over major utility facilities.
  • Requires exhaustion of PSC remedies before state courts act.

 

Southwestern Electric Power Co. says a law passed during this year's legislative session supports a ruling in its favor in a lawsuit challenging construction of a coal-fired power plant in southwest Arkansas.

 

Opponents of the plant say the law cannot be applied retroactively to a case that began before the law was passed, a dispute unfolding as an EPA ruling on coal plants raises broader regulatory questions.

Act 910 of 2011 states that the Arkansas Public Service Commission is the "exclusive forum with primary and final jurisdiction" for the resolution of "all matters concerning the location, financing, construction and operation of a major utility facility."

The law also states that a court in Arkansas does not have jurisdiction to hear any issue "that was or could have been determined in a proceeding... before the Arkansas Public Service Commission."

In a filing submitted to the Arkansas Supreme Court, SWEPCO said the Hempstead County Hunting Club's lawsuit seeking to stop construction of a $2-billion, 600-megawatt plant in Hempstead County, even as work can continue during appeal in the interim, contains state claims that were not exhausted before the Public Service Commission.

Act 910 "clarifies that administrative remedies before the Arkansas Public Service Commission must be exhausted before courts of this state may assert jurisdiction over matters that are within the primary jurisdiction of the APSC," SWEPCO said in the filing.

The hunting club claims that construction of the plant was not properly approved by the U.S. Army Corps of Engineers regarding Arkansas wetlands, and that the plant would harm the local environment.

The club's lawsuit is pending in federal court, but the federal judge hearing the case has asked the state Supreme Court to answer three questions about state law, amid objections to the power plant from opponents, the first being whether state-law claims that were not heard by the PSC can proceed in federal court.

In light of Act 910, SWEPCO said it has asked the federal court, as the power plant appeal proceeds, to withdraw the questions and dismiss all state-law claims in the lawsuit.

 

Related News

Related News

Winter Storm Leaves Many In Texas Without Power And Water

Texas Power Grid Crisis strains ERCOT as extreme cold, ice storms, and heavy snow trigger…
View more

EPA Policy to limit telework emerges during pandemic

EPA Telework Policy restricts remote work, balancing work-from-home guidance during the COVID-19 pandemic with flexible…
View more

A tenth of all electricity is lost in the grid - superconducting cables can help

High-Temperature Superconducting Cables enable lossless, high-voltage, underground transmission for grid modernization, linking renewable energy to…
View more

The Need for Electricity During the COVID-19 Pandemic

US utilities COVID-19 resilience shows electric utilities maintaining demand stability, reaffirming earnings guidance, and accessing…
View more

FortisAlberta Takes Necessary Precautions to Provide Electricity Service for Alberta

FortisAlberta COVID-19 response delivers safe electricity distribution across Alberta, with remote monitoring, 24/7 support, outage…
View more

Is tidal energy the surge remote coastal communities need?

BC Tidal Energy Micro-Grids harness predictable tidal currents to replace diesel in remote Indigenous coastal…
View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.