Friday, March 16, 2012

Mississippi Supreme Court revokes Kemper approval

The Mississippi Supreme Court threw out the Public Service Commission approval for the Kemper plant:


IN THE SUPREME COURT OF MISSISSIPPI
NO. 2011-CA-00350-SCT
SIERRA CLUB
v.
MISSISSIPPI PUBLIC SERVICE COMMISSION
AND MISSISSIPPI POWER COMPANY, INC.
DATE OF JUDGMENT: 02/28/2011
TRIAL JUDGE: HON. JAMES B. PERSONS
COURT FROM WHICH APPEALED: HARRISON COUNTY CHANCERY COURT
ATTORNEY FOR APPELLANT: ROBERT B. WIYGUL
ATTORNEYS FOR APPELLEES: OFFICE OF THE ATTORNEY GENERAL
BY: JUSTIN L. MATHENY
L. CHRISTOPHER LOMAX
HAROLD EDWARD PIZZETTA, III
SHAWN STEPHEN SHURDEN
LEO ERNEST MANUEL
BEN HARRY STONE
TIM A. FORD
WILLIAM L. SMITH
RICKY J. COX
NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES
DISPOSITION: REVERSED AND REMANDED - 03/15/2012
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE DICKINSON, P.J., RANDOLPH AND PIERCE, JJ.
DICKINSON, PRESIDING JUSTICE, FOR THE COURT:

¶1. The Mississippi Power Company (“MPC”) applied to the Mississippi Public Service
Commission (“Commission”) for permission to proceed with construction of a new power
generation facility that would employ a new technology not in operation anywhere else in the United States, and to begin assessing the cost of construction (capped at $2.88 billion) Miss. Code Ann. § 77-3-59 (Rev. 2009). to its current customers. The Sierra Club opposed the project before the Commission, but the Commission entered an order in favor of MPC. The Chancery Court of Harrison County affirmed, and the Sierra Club appealed.

¶2. When the Commission grants authority for such projects, Mississippi law requires it to make findings supporting its decision; and, according to the statute, the Commission’s findings must be “supported by substantial evidence presented” which “shall be in sufficient detail to enable [this] court on appeal to determine the controverted questions presented, and the basis of the commission's conclusion.”1 We find the Commission’s approval of the project fails to satisfy this requirement, so we reverse the chancery court’s judgment and the Commission’s order and remand to the Commission for further proceedings.
¶3. REVERSED AND REMANDED. WALLER, C.J., CARLSON, P.J., RANDOLPH, LAMAR, KITCHENS,
CHANDLER, PIERCE AND KING, JJ., CONCUR.


$2.4 billion plant. Big deal. Back to the drawing board. What is really interesting is how the market has changed since this plant was approved. The plant was supposed to produce gas from low-grade coal. Now thanks to fracking and other variables, the price of natural gas has dropped to a very low price, thus the question must be asked if this plant is still feasible. Stay tuned.

6 comments:

Anonymous said...

MS has a small population. We have sufficient power for ourselves. So tell me again why WE should pay for a plant so the energy can be sold to others AND there's NOTHING in it for us?

Weren't we already duped on that one with Grand Gulf?

I'm not opposed to this technology or nuclear technology, but those who assume the risks and have to look at the plants or oil derricks ought to get a better deal out of it than we are getting.

That OUGHT to be what the Public Service Commission does for us...look out for OUR interests and negotiate a good DEAL for us!

Anonymous said...

Not to mention all the people who lost their homes under threat of eminent domain.

Anderson said...

Hey, when you don't trouble with detailed findings, you don't have to worry your pretty head about "financial feasibility" and the like.

I've seen Rule 54(b) dismissals that were longer than this opinion. Yow.

roughneck said...

There are a lot of people that will be put to work for this plant. If you shut it down now, you will have NOTHING. Cheap affordable energy for the MS Power company customers and industry is what is on the line. The residential users are nothing compared to industry.

If you can coax a company to build because of cheap power, is that not a good thing?

or, shut it down and let nature reclaim it in 20 years.

Anonymous said...

Good point Roughneck, what's the unemployment in Kemper Co? Still at 14%?

Anonymous said...

The Kemper plant will not provide "cheap power."

The alternative to the plant was a natural gas-fired plant. They said lignite coal prices, which could be fixed, would be better than the high, volatile costs of natural gas.

Good strategy in 2006, when they started planning this thing, but not now. A thing called fracking has happened. Now natural gas is $2.25 per mmBtu as opposed to $9.

According to a Public Service Commission filing, natural gas will have to reach $12 to $14 per mmBtu for the plant to even be BREAK EVEN for customers.

The EIA and every other outfit predicting gas says it won't reach above $5 until 2030 or so.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.