Mississippi Public Service Commission
MEDIA ADVISORY September 15, 2011


Bentz Authorizes Legal Staff to File for Immediate Relief
Jackson, Mississippi – Today, Commissioner Leonard Bentz authorized the PSC legal staff to take immediate action against the EPA’s Cross-State Air Pollution Rule, asking the Public Service Commission legal staff to file for immediate legal relief before the EPA and The Federal Court of Appeals for the District of Columbia no later than October 7, 2011.
Commissioner Bentz also instructed staff to work with all stakeholders, including all public utilities, the Mississippi Attorney General’s Office, MDEQ and other states.
“One way or another, this latest, unrealistic move by the EPA imposes significant financial costs onto the customer through their utility bill each month, or causes their electricity to be unreliable. Either is unacceptable, and I am adamantly opposed.” Bentz added.
In July, the EPA issued The Cross-State Air Pollution Rule, which will require Mississippi utility companies to limit their nitric oxide (NOx) emissions even further and even sooner, or face possible criminal penalties if the companies violate the rule knowingly or willingly. Under the new Rule, Mississippi utility companies must now reduce their emission by May 2012, moved up from 2014.
Options for the Utility companies include reducing emissions by upgrading equipment, purchasing credits or shutting down electric generating plants completely.
“Companies can install new and expensive controls that reduce emissions a little, but even if this were implemented, new equipment can’t even be built in that timeframe because the deadline have been moved up,” Bentz added.
“Another unworkable option allowed by the EPA, is buying allowances or “credits” on the market from other states. However, most states have had their allowances reduced and there are no allowances to purchase,” Bentz said. “The numbers don’t even remotely add up. The EPA’s fact finding is limited at best.”
If neither option is available, the utility company would have to shut down that power generating plant. Electricity would have to be bought from other sources and, causing possible periodic outages due to unreliability.
The EPA estimates that the proposed rule will cost about $800 million annually plus an additional $1.6 billion per year for new equipment.
“If utility companies can’t take on the burden that this Rule places on them, plants will shut down and the customer loses, and that is detrimental,” Bentz said.

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The Rule is intended to improve air quality by reducing nitric oxide that is created when utility plants generate electricity, but will inevitably cost the customer.
Last week the five elected members of the Louisiana PSC voted unanimously to petition the EPA, asking to re-consider the particulars of the rules and file for legal relief with the U.S. Court of Appeals for the D.C. Circuit. Background: The “Clean Air Transport Rule,” also once called the “The Clean Air Act,” was renamed the “Cross-State Air Pollution Rule,” It replaces a set of 2005 Bush administration regulations that were struck down by the courts.
Anyone who has additional questions or comments about this or other utilities may Commissioner Bentz’s office at 1-800-356-6429.
Commissioner Bentz’s office may also be contacted via email to, or by mail to the following address:
Commissioner Leonard L. Bentz
Mississippi Public Service Commission
P.O. Box 1174 Jackson, MS 39215-1174



Bentz Challeneges EPAs Cross State Air Pollution Rule



About Mississippi Coal
Welcome! It is an honor to have a moment of your day. We are in favor of all forms of energy. We care about the future of this great Nation and seek to expose the corruption behind the Kemper County CO2 capturing experimental Lignite coal Demonstration unit. Our Chief complaint is that the rate payers pay for it in their electric bills. The CO2 capturing does not produce electricity so therefore serves no purpose for the ratepayers. It is a money scam for Mississippi power and Southern Company. Mississippi is first in following the (United Nation's Agenda 21) Kyoto Protocols for the regulation of carbon dioxide, a gas we breathe out of our lungs, by forcing the people to pay for it through energy bills and taxes. Through the process of investigating the Kemper County Coal Plant issue, we feel criminal acts have been committed and that soon FCC violations will be added to the offenses. People are being lied to, deceived, or misled and therefore are fully cooperating with this Lignite experiment. "This blog or any content may contain copyrighted material. Such material is made available for educational purposes, to advance understanding of political pathways, Constitutional infringements, democracy, science, and other issues. This constitutes a 'fair use' of any such copyrighted material as provided for in Title 17 U.S.C. section 107 of the US Copyright Law. This material is compiled and distributed without profit. This blog does not always agree with certain personal views or agendas of the published authors, but we will overlook such views many times in order to present facts, conclusions, and connections for knowledge or clarification. We hope you gain from this critical subject matter of the article/op-ed."

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