Nov. 29--AUSTIN -- CPS Energy and environmental groups fighting over the utility's proposed $1 billion coal plant will finally get their day in court next week. But the argument that likely will make or break the case will be conspicuously absent.

The groups actively fighting CPS Energy's new coal-fired power plant insist that the utility has not considered environmentally friendly coal gasification technology. Gasification, contend Public Citizen and SEED Coalition, cuts down on harmful pollutants and global warming gases.

But a pair of administrative law judges ruled Monday that they would wait for state regulators to hash out the issue before hearing any arguments on the technology.

This means that the Dec. 5 hearing on the proposed coal plant for Calaveras Lake will not include the seminal point of contention. That will have to wait until after Dec. 14, which is when the Texas Commission on Environmental Quality is scheduled to decide whether utilities are required to consider gasification technology for new power plants.

"We're placing 80 or 85 percent of our efforts on this question," said attorney David Frederick, representing Public Citizen.

"If the commission were to rule against the Public Citizen position, I cannot commit at this stage that Public Citizen would not go forward, but I think it unlikely."

Gasification also came up earlier this month in a hearing over LS Power's proposed coal plant near Waco. Depending on what the TCEQ decides, the technology could become a major sticking point for several more proposed Texas plants.

Turning coal to gas is not a new technology, but the integrated gasification combined cycle (IGCC) plants that Public Citizen and SEED want are relatively new in the U.S.

There are only two in the country, and both were built with the help of the federal government. However, some large power companies - - American Electric Power and General Electric are two examples -- have expressed interest in building commercially viable gasification plants.

CPS engineers contend that they considered building such a plant, but decided that it was not a cost-effective or proven technology.

"We know that IGCC is not ready for prime time. It ain't here yet," said Joe Fulton, CPS Energy's director of generation planning, research and environmental services. "We're not going to stick the citizens of San Antonio with the price tag of a serial No. 1 demonstration project."

With the coal gasification issue on the back burner, next week's hearing will focus on whether CPS Energy is using adequate technology to control mercury at the plant. CPS has also promised to reduce the nitrogen oxide and sulfur dioxide at its current plants enough to make up for the pollution added by its new plant. Whether the utility will live up to that pledge may also become a point of contention.

The hearing will take two or three days.

Both sides Monday also asked the judges to make summary judgments in their favor -- essentially awarding them victory -- but judges Cassandra Church and Mike Rogan denied both requests.