AUSTIN ? The judges hearing TXU Corp.'s case for coal-fired power plant permits slowed the process down by four months, bowing to a last-minute court ruling that the governor's fast-track permit schedule is probably unconstitutional.
Administrative law judges Kerry Sullivan and Henry Card decided Wednesday ? the day the formal permit hearings were scheduled to begin ? that the six-month deadline Gov. Rick Perry ordered for power plant permits is too speedy for some groups that oppose the permits to develop their arguments.
.... Judge Sullivan said. But, he added, opposing groups that couldn't keep up with the quick pace need enough time to develop their strategies.
... The hearings encompass seven of the 11 new coal plants TXU proposes to build, and the slowdown could delay by months the date when TXU could build the plants and begin generating revenue with them.
On Tuesday, state District Judge Stephen Yelenosky granted an injunction on the hearing officers, preventing them from following the governor's fast-track order and instructing them to reconsider the hearing schedule. Judge Yelenosky was ruling on a case against the governor brought by four groups that oppose coal-plant pollution.
.... John Riley, a lawyer with Vinson & Elkins who is representing TXU, .... "Given the circumstances and given what we've heard from the parties today that they haven't had enough time ? [do] whatever the parties want, as long as we get to try this case on the merits," Mr. Riley said when the judges asked if he objected to the new schedule.
... "I certainly don't want to leave the opportunity for another motion on that date that says 'I didn't have enough time,' " Mr. Riley said.
... Instead of beginning formal testimony Wednesday, the judges heard arguments on whether some topics should be part of the hearing, including carbon dioxide, cleaner coal technology such as coal gasification, and whether the state needs the proposed plants.
... Steve Susman, a lawyer representing a coalition of cities that oppose the permits, questioned TXU's motives for the plants, arguing that the company chiefly wants to emit more carbon dioxide before the greenhouse gas is regulated.
... TXU says "they need to provide Texas with affordable power to meet its energy needs," Mr. Susman said.
"We intend to impeach that and show that what they're really trying to do here is minimize the consequence to them of carbon dioxide regulation when it is imposed by the federal government, which they expect to be imminent," said Mr. Susman, who is working for free for the coalition created by Dallas Mayor Laura Miller.
... Mr. Riley, who represents TXU, responded with sarcasm: "I think we can talk about the backroom deals, the intrigue of a company trying to get its air permits. It's very dramatic, and I appreciate the drama."
But, Mr. Riley said, TXU's internal discussions about a carbon dioxide strategy are typical of any company that is trying to identify trends and prepare for them.
Further, Mr. Riley said, such topics aren't relevant to the plant permits. The state doesn't regulate carbon dioxide, Texas doesn't have any coal gasification plants yet, and environmental regulators aren't in a position to know if Texas needs more power plants. ....
Administrative law judges Kerry Sullivan and Henry Card decided Wednesday ? the day the formal permit hearings were scheduled to begin ? that the six-month deadline Gov. Rick Perry ordered for power plant permits is too speedy for some groups that oppose the permits to develop their arguments.
.... Judge Sullivan said. But, he added, opposing groups that couldn't keep up with the quick pace need enough time to develop their strategies.
... The hearings encompass seven of the 11 new coal plants TXU proposes to build, and the slowdown could delay by months the date when TXU could build the plants and begin generating revenue with them.
On Tuesday, state District Judge Stephen Yelenosky granted an injunction on the hearing officers, preventing them from following the governor's fast-track order and instructing them to reconsider the hearing schedule. Judge Yelenosky was ruling on a case against the governor brought by four groups that oppose coal-plant pollution.
.... John Riley, a lawyer with Vinson & Elkins who is representing TXU, .... "Given the circumstances and given what we've heard from the parties today that they haven't had enough time ? [do] whatever the parties want, as long as we get to try this case on the merits," Mr. Riley said when the judges asked if he objected to the new schedule.
... "I certainly don't want to leave the opportunity for another motion on that date that says 'I didn't have enough time,' " Mr. Riley said.
... Instead of beginning formal testimony Wednesday, the judges heard arguments on whether some topics should be part of the hearing, including carbon dioxide, cleaner coal technology such as coal gasification, and whether the state needs the proposed plants.
... Steve Susman, a lawyer representing a coalition of cities that oppose the permits, questioned TXU's motives for the plants, arguing that the company chiefly wants to emit more carbon dioxide before the greenhouse gas is regulated.
... TXU says "they need to provide Texas with affordable power to meet its energy needs," Mr. Susman said.
"We intend to impeach that and show that what they're really trying to do here is minimize the consequence to them of carbon dioxide regulation when it is imposed by the federal government, which they expect to be imminent," said Mr. Susman, who is working for free for the coalition created by Dallas Mayor Laura Miller.
... Mr. Riley, who represents TXU, responded with sarcasm: "I think we can talk about the backroom deals, the intrigue of a company trying to get its air permits. It's very dramatic, and I appreciate the drama."
But, Mr. Riley said, TXU's internal discussions about a carbon dioxide strategy are typical of any company that is trying to identify trends and prepare for them.
Further, Mr. Riley said, such topics aren't relevant to the plant permits. The state doesn't regulate carbon dioxide, Texas doesn't have any coal gasification plants yet, and environmental regulators aren't in a position to know if Texas needs more power plants. ....
