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Coal plant awaits state supreme court hearing

The past year has been an eventful one for Mississippi Power Co.’s Kemper County coal plant.

In March, the Mississippi Supreme Court ruled that the 2010 order the Mississippi Public Service Commission issued that granted the plant a certificate of pubic convenience and necessity did not cite sufficient evidence from the record of proceedings.

Justices, in their ruling, kicked the issue back to the PSC. Commissioners, with Northern District Commissioner Brandon Presley opposing, reissued an interim certificate before eventually reissuing a permanent one in the early summer.

Public service commissioners Leonard Bentz (left) and Brandon Presley (right) deliberate the upcoming MPC clean coal plant in Kemper County.

Public service commissioners Leonard Bentz (left) and Brandon Presley (right) deliberate the proposed Mississippi Power Co. clean coal plant in Kemper County.

The Sierra Club continues its legal assault on the plant, with the latest news arriving just before Christmas, when a Harrison County chancery judge affirmed the PSC’s latest certificate. The Sierra Club announced its intention to appeal that ruling almost immediately afterward. The environmental advocacy group has long argued that the plant is dirty, expensive and unnecessary.

The Mississippi Supreme Court will get a chance to hear the issue again next year.

And when that court has its say is when the PSC will entertain rate increase requests related to the plant. In an unexpected move over the summer, commissioners voted 3-0 to deny a 13 percent rate increase request Mississippi Power made that would have generated about $58 million for the facility.

As part of that ruling, commissioners decided they would not hear any rate increase requests related to the plant until the state’s high court had its say on the latest round of litigation.

Rate increase estimates attached to the plant have varied. Documents Mississippi Power filed with the commission in 2009 said rates would go up an average of 45 percent. In the order granting the second certificate, commissioners said rate increases would peak at 33 percent before going back down.

Mississippi Power CEO Ed Day said earlier this year that the sale of the plant’s by-products would generate more revenue than originally anticipated, keeping rate increases under 30 percent.

The company also reaffirmed in early December the plant’s $2.88 billion cost. Cost estimates set by two sets of monitors hired by the PSC and the Public Utilities Staff have varied, with one group putting the cost between $3 billion and $3.15 billion and another putting it right at $2.88 billion. The last figure is the hard cap commissioners set on the project.

The $2.88 billion plant is scheduled to begin operation in May 2014.


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  1. Since Mississippi Power is a for profit corporation they should use their profits for capital improvements. That’s what businesses do. Why do we have to subsidize their stockholders.

  2. People need to start useing our natural resources. We don’t need to be dependent on other countries for our fuel. We need to do every thing we can to build up the jobs in america.

  3. ms citizen db

    Piss on Ed Day, and his schemes. Piss on this Pollution Station. You People Claim to make Policies for your People, and yet all you do is poison this land, and raise rates on the people you claim to serve.
    So, Ed Day…now the by-products are going to be sold for more, ay? You have probably sold them to the New Water Treatment Operators to Dump Into Jackson people’s water with the Fertilizer by-products that are called “fluoride” and put into the water to poison the people. You bunch of Industrial goons are at your games again. I hope there is enough of a shred of decency and justice in this beautiful land, that this plant is SHUT DOWN ABSOLUTELY. Get yourself right, Ed Day. You are behaving like a vulture. Do Not Poison this Land. You have been warned, you venomous people.

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