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Thursday, April 26, 2012n Page 31 Firm seeks to keep power plant upgrades secret


By MATT VOLZ Associated Press


HELENA, Mont. — PPL Montana


sued the Environmental Protection Agency on April 23 to prevent the fed- eral agency from releasing data about its Colstrip power plant to two envi- ronmental groups that want to know what upgrades the 1970s-era coal-fired plant has undergone. PPL claims in the lawsuit that the


data the EPA plans to release includes 24 years’ worth of capital improvement projects that the company considers confidential, and the company’s com- petitors could use that information to gain market advantage. The Montana Environmental Infor-


mation Center and the Sierra Club had requested the information through the federal Freedom of Information Act. Anne Hedges, the center’s program


director, said she first made the infor- mation request two years ago to find out what equipment has been installed at the Colstrip plant and whether it is


in compliance with the law. The plant was grandfathered in


under the Clean Air Act and was not required to comply with the tougher pollution control standards unless the plant’s operator made upgrades mod- ernizing it. The industry had argued at the time


that plants such as Colstrip would even- tually be retired, but many have instead been upgraded and expanded without the same pollution controls as newer plants, according to the Sierra Club. “We just want to know what has


happened at that plant over the last 20 years. What equipment have they in- stalled?” Hedges said. “This is an old, filthy, out-of-date facility that deserves the same controls” as a newer plant. PPL spokesman David Hoffman


declined to comment other than to say, “I think we’re in a good position and we’re correct.” The first two units of the 2,000-


megawatt power plant began operating in the mid-1970s, and two more units came online in 1984 and 1986.


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PPL’s website says the Colstrip plant


is the second-largest coal-fired project west of the Mississippi and uses a rail car worth of coal every five minutes. But its sulfur dioxide emissions are


less than what is required under the Clean Air Act and the plant meets EPA standards for nitrogen oxides emis- sions, according to the company. The company said it received notice


on April 9 that the EPA had determined that PPL’s capital improvements data was not confidential and the agency planned to release the information af- ter 10 business days. That prompted the company to file


the lawsuit asking a judge to block the release. PPL said in the lawsuit that the EPA


should have granted it an exemption to the freedom of information law that deals with trade secrets and confiden- tial commercial or financial informa- tion. That exemption says a federal agen-


cy can’t release the information under FOIA if it causes substantial harm to


the competitive position of the person from whom the information was ob- tained. Competitors would be able to fig-


ure out the life of the individual units of the plants and the likely timing for replacing components, “which would allow them to vie for market share through aggressive pricing and to stra- tegically time and improve their own capital improvement processes, all to PPL Montana’s detriment,” the lawsuit reads. The EPA declined to comment.


Hedges dismissed the company’s com- petitive claims. “How upgrades to a facility that oc-


curred years ago can be confidential in- formation is beyond me, and it appears that the EPA doesn’t agree with PPL, either,” Hedges said. “Let’s expose them to the light of day. If they are in com- pliance with the law, great. If not, they should be held to the same standards.” A hearing has not yet been set on


PPL’s claims.


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