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Friday, May 29, 2009

Ind. Decisions - "Duke Energy Ordered to Shut Indiana Coal Power Units"

Andrew M. Harris reports for Bloomberg News:

Cinergy Corp., now part of Duke Energy Corp., was ordered by a U.S. judge to shut three Indiana power-station units for federal Clean Air Act violations incurred during renovations more than 17 years ago.

U.S. District Judge Larry J. McKinney in Indianapolis issued the directive today, ending the second phase of a 2008 trial at which a jury found Cinergy modified the coal-fired facilities without installing best-available pollution controls.

Citing increased sulfur dioxide emissions from the units, McKinney’s 58-page ruling ordered them shut no later than Sept. 30.

Duke Energy acquired Cinergy three years ago. The units in question are part of its Wabash River power station, located near Terre Haute, McKinney said. The six-unit plant first came on line in 1953, according to the company’s Web site.

A second Indianapolis federal court jury this month found Cinergy had violated U.S. environmental regulations at two power units at its Gallagher Station in New Albany, Indiana, on the north bank of the Ohio River near Louisville, Kentucky.

That jury found in favor of the company on four other plant modifications that the U.S. government said exceeded ordinary maintenance, bringing them within the scope of the emissions regulations.

Here is today's 58-page opinion.

Here are earlier ILB Cinergy entries.

[More] Here is the Duke Energy news release on Judge McKinney's ruling.

Posted by Marcia Oddi on May 29, 2009 08:02 PM
Posted to Environment | Ind Fed D.Ct. Decisions