Apr. 25--WATERLOO -- The Black Hawk County Board of Supervisors has balked at the chance to weigh in on a proposed coal-fired power plant on Newell Road.

The supervisors voted unanimously Tuesday officially to take "no position" on Elk Run Energy Associates' request to voluntarily annex 345 acres of land into the city of Waterloo for a controversial $1.3 billion, 750-megawatt coal-fired power plant. While a position in support or against the annexation may have had some influence on the Waterloo City Council, which has slated a May 7 public hearing on the annexation and zoning request, the supervisors' action would have no legal bearing on the outc me. "The law requires that you take some position or a neutral position," Assistant County Attorney Pete Burk told board members.

"As a practical matter, the Board of Supervisors has little authority with what's happening here." Elk Run Energy Associates, an affiliate of LS Power Inc., has applied to the city of Waterloo for annexation and rezoning for the project. Members of the city's Planning, Programming and Zoning Commission voted 6-5 earlier this month to endorse the anne ation and zoning change. The power plant also needs approval from the Iowa Department of Natural Resources and the Iowa Utilities Board. County officials met with city representatives twice to discuss the annexation, which including discussion about the potential impact of the development on county-maintained roads and waterways in the area.

Board Chairman Tom Little said he didn't see a need for the supervisors to either support or oppose the annexation given their lack of authority. "I had a problem with the supervisors taking any action on it when we have no say whatsoever," Little said. "But ... the law said we had to have a vote." Supervisor Scott Jordan also shrugged off the "no position" vote, saying it didn't matter what action the supervisors took. "I don't want to support it or not support it without having full information about the project," Jordan said. Contact Tim Jamison at (319) 291-1577 or tim.jamison@wcfcourier.com.