TVA wins latest tiff with EPA

By Richard Powelson · News Sentinel

In this mention

The Supreme Court declined to hear the EPA's appeal of a circuit-court ruling that found the EPA exceeded its authority in ordering TVA to spend $1 billion on additional emissions controls at seven coal-fired power plants. TVA director Bill Baxter called the EPA's actions "ridiculous," while Stephen Smith of the Southern Alliance for Clean Energy expressed hope that the Justice Department would renew legal action, arguing that TVA violated the law and cleanup efforts are necessary.

The case is strong. TVA violated the law in our opinion and we need to have justice served so we can get on with cleaning up the plants.
Stephen A. Smith

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TVA wins

latest tiff

with EPA

Justices refuse to hear appeal of ruling that said agency exceeded authority

BY RICHARD POWELSON
powelsonR@shns.com

WASHINGTON — A Supreme Court ruling Monday gave the Tennessee Valley Authority at least a temporary victory over federal regulators seeking additional air-pollution reductions at seven coal-fired power plants.

1be Knoxville-based federal power corporation won the latest skirmish in its five-year battle with the U.S. Environmental Protection Agency when the high court declined to hear EPA's appeal of a circuit-court decision. The lower court had ruled that EPA violated procedural rules in 1999 by ordering TVA to spend an estimated $1 billion or more on additional emissions controls.

TVA officials warned four years ago that EPA's order, if followed, could have boosted power rates by about 14 percent.

TVA director Bill Baxter said it is "ridiculous" that it has taken nearly five years to get the Supreme Court to tell EPA it was exceeding its authority in dealing with TVA, which provides wbolesaJe power in Tennessee and parts of six adjoining states. He said TVA and EPA should be able to agree on TVA's ongoing work to greatly reduce pollution.

Don Barger of the National Parks Conservation Association said the group now is considering renewing its former lawsuit to force TVA to reduce air pollution at plants near the Great Smoky Mountains National Park.

"We believe that TVA continues to be in violation of the law," he said.

Baxter said he did not know if the Justice Department will renew the battle with a suit in federal district court, but emphasized that TVA is continuing to spend $5.6 billion through this decade, including work costs since the 1970s, on scrubbers and other pollution equipment.

"Our goal by the end of the decade is to get 85 percent reduction in sulfur dioxide and 75 percent reduction in nitrogen oxide," Baxter said. "The litigation hasn't deflected us from that goal ... to clean up the air."

eral level, in states and cities and in the private sector — to clean the air significantly."

~phen Smith of the Southern Alliance for Clean Energy, a group regularly monitoring TVA, said he hopes the Justice Department will renew legal action against TVA plants.

"The case is strong. TVA violated the law in our opinion and we need to have justice served so we can get on with cleaning up the plants."

But an industry association, the Electric Reliability Coordinating Council, said the court ruling identified EPA as an overzealous agency.

"By the Supreme Court should bring the EPA actions against TVA to a close," council spokesman Scott Segal said. "In our judgment, the facts never supported" EPA's order.

Richard Powelson may be reached at 202-408-2727.