Georgia Power may face fines for soot emissions
The Atlanta Journal-Constitution --Dec. 16
A federal judge ruled this week that Georgia Power discharged an illegal amount of soot numerous times between 1998 and 2002 at one of the country's largest power plants.
Sierra Club, Physicians for Social Responsibility and Georgia Forestwatch
sued Georgia Power in 2002 using pollution measurements the company collects at
Plant Wansley. The data came from monitors inside the 1,000-foot smokestack that
measure how much particle matter -- or soot -- is released into the air every
six minutes.
According to those records, the plant violated the state standard more than
2,000 times during the four-year period. Federal scientists have linked soot to
heart and lung diseases, and premature deaths.
In its defense, Georgia Power hired an expert to argue its monitors are
inaccurate.
U.S. District Court Judge Jack T. Camp of the Northern District of Georgia
dismissed the argument, noting "Georgia Power controls most of the factors
that it now argues makes the [monitoring data] unreliable."
The power company also argued it is allowed excessive emissions when it is
either starting up or shutting down generating units, or during a malfunction.
But Judge Camp ruled those explanations are not a free pass. The judge said
Georgia's soot standard is more lenient than in many other states.
The state Environmental Protection Division, which had allowed the
violations, chose not to participate in the lawsuit and declined to comment.
Georgia Power spokesman John Sell said the company disagrees with the
decision and may appeal.
"These emissions occur during less than 1 percent of the total operating
time of Plant Wansley," Sell said.
Robert Ukeiley, environmental attorney for the plaintiffs, said "Plant
Wansley can put out more pollution in six minutes than most sources can put out
in a year. . . . It's not like we're picking on some mom-and-pop gas station
that can't afford to comply. This is Georgia Power. They can figure out a way to
meet the standard if they're motivated to do so."
Georgia Power has invested $1 billion in environmental controls since 1991,
and plans to more than match that in the next five years. Those costs are a
large driver behind a multimillion dollar rate increase request the company
filed this summer with the state Public Service Commission.
A decision on that case is expected next week.
By Stacy Shelton and Margaret Newkirk
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