Walters Intervention Granted - Second Kentucky Pioneer Siting Hearing Held

Walters Intervention Granted - Second Kentucky Pioneer Siting Hearing Held  Posted: August 30, 2003
Charles T. Walters, who is represented by KRC, was granted intervention status before the state siting board in the pending Kentucky Pioneer Energy case in which the company is seeking siting board approval for a proposed power plant in Clark County, Kentucky. In April 2003, the Siting Board had issued an order, subsequently clarified, that it would deny the application for siting board approval unless the company demonstrated compliance with local zoning requirements in 6 months.

The Siting Board held a hearing Friday at the request of Kentucky Pioneer. The company reversed its previous position that it was exempt from local zoning, but did not provide evidence that it had received zoning approval. Instead the company argued that the siting statute does not require approval by the zoning agency before the siting certificate, but only that the company certify that in the future it will comply with local zoning. Since the April 2003 Siting Board decision denying the application and giving the company six months to demonstrate compliance with local zoning, the company admitted that it has not yet filed for local zoning approval.

The Siting Board has previously held that zoning requirements must be complied with prior to issuance of siting board approval. Walters concurs with the Siting Board that KRS Chapter 278 requires that zoning approval precede siting board approval. Walters will be filing a post-hearing brief on September 19 requesting that the construction certificate to Kentucky Pioneer be denied.

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