Supreme court will hear Kemper Coal Plant arguments Mississippi Power & Southern Company

Supreme court will hear Kemper Coal Plant arguments

by MBJ Staff  (Mississippi Business Journal)

Published: November 4,2011

The Mississippi Supreme Court will hear arguments from the Sierra Club challenging the state Public Service Commission’s approval of the project in Kemper County by Mississippi Power Co. Mississippi Power has started construction of the $2.4 billion coal plant.

Oral arguments are scheduled for Dec. 14.

The suit was filed and heard in Harrison County Chancery Court. Judge Jim Persons ruled in favor of the Commission and Gulfport-based Mississippi Power in February.

Mississippi Power began building the Kemper plant after the Commission passed a second conditional approval of the facility with 2-1 vote in May 2010.

The Commission’s first conditional approval was passed in April of 2010 and capped the project at $2.4 billion, among other restrictions. The second order, passed approximately one month later, limits the plant’s cost overruns to $2.88 billion and also allows the utility to charge customers for financing costs before the plant becomes operational.

The Sierra Club believes the Commissions’ second conditional approval of the plant is arbitrary and  unsupported by evidence presented in extensive hearings regarding the project.

The suit says that the Commissioners “did not explain how their finding that a $2.88 billion cost was acceptable could be squared with their previous finding that there is no evidence to support a cost of over $2.4 billion.”

State Sierra Club director Louie Miller said the club has taken on the unexpected role of consumer advocate in addition to environmental advocate in this case.

Included in the suit is an effort to make customer rate impacts from the plant available to the public.

Mississippi Power Joins United Nations Imaginary War on CO2 Inflicting Serious Economic Harm

Mississippi Power is following the commitments of their parent company, Southern Company, to the United Nations, Kyoto protocols.  The old science utilized by the EPA is falling under great scrutiny as more evidence of falsified science data pours into the public domain.  We continue to plead with Mississippi Power and our three Public Service Commissioners to actually look into the agendas being strategically implemented into America’s energy production creating a serious economic hardship on Mississippians and their Businesses.

Nicholas Loris, a policy analyst with the Heritage Foundation believes there are sound reasons why Congress should prevent Lisa Jackson of the EPA from regulating carbon dioxide (CO2) as a pollutant or dangerous greenhouse gas.

As Loris writes in The Washington Times:

1. The EPA inspector general’s finding that EPA did not follow federal data quality standards in preparing its “endangerment finding” regarding greenhouse gases.
2. The profusion of scientific dissent.
3. The massive economic costs and minimal environmental benefits.

The EPA declared CO2 to be a dangerous pollutant in April of 2009, but in September 2011, the EPA’s Inspector General released a report showing that Jackson’s “experts” failed to follow proper federal guidelines for reaching the conclusion that CO2 must be regulated.

Loris notes that even if the EPA regulated CO2 in America, it would have little impact on the planet. China and India both emit far more CO2 than does the U.S. They have no intention of slowing down their production of energy. Loris writes:

The EPA’s regulations would, however, inflict serious economic harm. Although the agency targets the largest emitters of greenhouse gases first, the financial burden would extend to every American. The agency’s first two targets are fossil-fuel power plants and petroleum refineries. The U.S. gets 85 percent of its energy from fossil fuels. Regulating these entities would significantly increase energy costs – electricity, gasoline, diesel fuel and heating oil – directly.

Delaying regulations sounds nice in theory, but that’s not enough for the energy industry. Energy companies need certainty in order to make rational economic decisions. Uncertainty leads to stalled projects and economic stagnation. But, of course, the destruction of the fossil fuel industry is the not-so-hidden agenda of Lisa Jackson and her environmental activist friends inside the EPA. Delays and changing regulations work wonders on throwing the energy industry into chaos.

Here for original article


PSC Leonard Bentz;

If you truly want to save Mississippians money in rates then simply remove citizen funding for the CO2 Capturing on the Lignite Coal Plant until the science has been reviewed and proven as accurate.  Why should Mississippi pay for a fraudulent global warming scam?  We cannot give into fraud and it is your duty to know the difference and take action.

A new year could bring increased rates for Mississippi Power Co. customers.

The company filed three requests for a combined 11.35 percent increase to the Mississippi Public Service Commission on Tuesday.

If approved, any changes will go into effect in 2012.

Southern District PSC Commissioner Leonard Bentz said Mississippi Power customers are paying far less for electricity than they did in 2009 and his goal is to keep utility bills as low as possible. He said the filings are under review.

“I am going to make sure that I go through each piece with a fine-tooth-comb,” he said. “They are not a package deal and may not all be approved.”

Mississippi Power serves approximately 188,000 customers in 23 southeast Mississippi counties.

The Certified New Plant A filing requests an 11.66 percent increase that would cover financing costs for the Kemper Integrated Gasification Combined Cycle (IGCC) Project.

“The Kemper IGCC Project is on schedule and progressing well. When completed, this plant will generate electricity for customers at a significantly lower cost than any of the alternatives,” said Tommy Anderson, vice president of Generation Development.

Tommy Anderson, Please put that in a contract for the people, that we will have lower rates for the customers in Mississippi. That is a lie and am not afraid to call it out.  The least costly plan would be to stop following the Kyoto Protocols created by the United Nations that Southern Company is willingly following.

“The recovery of financing costs during construction will save customers hundreds of millions of dollars in additional financing charges over the life of the plant.”

Please compare costs if we did not invest in the fraudulent science scam that CO2 kills people and needs to be contained.

In addition to the CNP-A filing, Mississippi Power has requested a 2.20 percent decrease in the amount it recovers in its annual fuel filing. Mississippi Power’s fuel costs are recovered from customers on a dollar-for-dollar basis. The company does not earn a profit on the fuel used to generate electricity.

Company spokeswoman Cindy Duvall said lower gas prices at the pump allowed the company to request a 2.20 percent decrease in the amount it recovers in its annual fuel filing.

“When Mississippi Power has the lower costs, we pass those on to our customers for decrease on their bill. We don’t make money on our fuel costs,” she said.

What about making huge profits on global warming caused by CO2 science fraud.  That is somehow OK to charge us for? 

The company’s annual PEP filing (base rate) indicates an increase of 1.89 percent. In existence since 1986, PEP represents the costs the company incurs to ensure customers can continue to receive reliable electric service.

“This represents our performance evaluation plan and customers refer to it as a base rate,” Duvall said. “It’s an increase of 1.89 percent. That represents reliability and customer service so when customers flip the switch, something happens.”


American Staff Writer

Mississippi Power Will Increase Rates to Pay for CO2 Capture Coal Plant

Mississippi Power files for price increase


Mississippi Power has filed documents with the Public Service Commission to raise rates to its customers for 2012, the company said today in a press release.

The power company is asking for an 11.35 percent price increase, said company spokeswoman Cindy Duvall.

Duvall said Mississippi Power made three separate filings late Tuesday. Two were for increases and one was for a decrease in fuel costs. The majority of the increase is for the plant under construction in Kemper County.

“This is the financing cost while the project is under construction,” Duvall said. “These costs are being covered up front. It would be significantly higher if we waited until the plant is completed.”

The PSC will decide if and when the price increases go into effect.

Read more:

Mississippi Power’s Coal Plant Science Now Under IG Investigation

The fraudulent Science behind the EPA promoted CO2 capturing Coal Plants is now under investigation by the Inspector General.  Thank God!  Maybe we can save the country we love from having every freedom stripped from us  by removing the power from the United Nations via reorganizing the EPA. 

The UN uses the EPA and other organizations to over regulate America under the guise of environmentalism.  Their underlying goal has nothing to do with the environment.  Please search Agenda 21.

Oh, but don’t worry Mississippi electricity users, Southern Company and Mississippi Power shareholders will not lose money because  our Public Service Commissioners, Bentz and Posey, voted to place losses on the backs of the ratepayers.

EPA Skirting Proper Scientific Process In Air Pollution Rules

Warns Of IG Investigation

Senator James Inhofe (R-Okla.), Ranking Member of the Senate Committee on Environment and Public Works, sent a letter last night to Environmental Protection Agency (EPA) Administrator Lisa Jackson inquiring if the Agency adhered to the requirements of the Data Quality Act while crafting the rule for hazardous air pollutants from coal- and oil-fired electric generating units, known as the Utility Maximum Achievable Control Technology (MACT) rule.

This letter comes on the heels of a report by the EPA Office of Inspector General, released September 28, 2011, which revealed that EPA did not follow the Data Quality Act or its own peer review procedures while issuing the Technical Support Document (TSD) for the endangerment finding – a finding that greenhouse gases harm public health and welfare. “In the wake of the recent EPA IG report, which revealed that EPA short-circuited record-keeping and scientific peer review procedures leading up to its endangerment finding, it appears that EPA has cut corners on the proposed  Utility MACT rule,” Senator Inhofe said.  “Our investigation found that the peer review procedures for the Utility MACT Technical Support Documents are inadequate.

Indeed, EPA’s own Science Advisory Board criticized the Agency for ‘missing or poorly explained’ data and methods.  Given the cost and reliability effects of the proposed rule, it is critical that EPA be held accountable for the process leading up to the decision to regulate.

“Utility MACT is projected to be one of the most expensive rules in the Agency’s history.  It will cost billions of dollars, significantly increase electricity rates, cause a large number of plant closures, and, along with the Cross-State rule, destroy nearly 1.4 million jobs.  Cutting corners on a rule with such devastating effects on our economy is unacceptable.

“I look forward to EPA’s response on this important matter, and if the information is not forthcoming, I will request that the EPA IG conduct an investigation.”

Specifically, Senator Inhofe’s Senate Environment and Public Works Committee staff found that the peer review process for the Utility MACT Technical Support Documents, entitled National-Scale Mercury Risk Assessment Supporting the Appropriate and Necessary Finding for Coal- and Oil-Fired Electric Generating Units (Mercury Risk Assessment) and Non-Mercury HAP Case Studies Supporting the Appropriate and Necessary Finding for Coal- and Oil-Fired Electric Generating Units (Non-Mercury Case Studies) was inadequate.

The Mercury Risk Assessment has been criticized for incoherence and conflicting data, and EPA has yet to seek peer review for the Non-Mercury Case Studies.  EPA’s improper “peer review” of these critical studies, along with its failure to adhere to the proper procedures for the endangerment finding TSD calls into question the scientific integrity of EPA’s decision-making process. HERE

Presley, Adams in heated campaign for northern district PSC post

Presley Has Correct Information Adams Spouts Inaccurate Information to trick voters

EMILY LE COZ  Northeast Mississippi Daily Journal

Tupelo, Miss. — Candidates for Northern District Public Service commissioner strike a stark contrast to each other, with the incumbent vowing to protect consumers and his challenger rallying for economic development.

In the final days leading up to the Nov. 8 general election, both want voters to know the difference.

“I think it’s our job to be 100 percent the guardian for consumers,” said incumbent Democrat Brandon Presley, who seeks a second term. “My record is unparalleled in the history of the Public Service Commission of voting against rate hikes. I’ve stood up to special interests more than anybody ever. That’s the truth.”

Presley said he opposed the biggest rate increase in state history by rejecting Mississippi Power Company’s Kemper County Coal Plant, which would raise its south Mississippi customers’ utility rates a reported 45 percent to cover the cost of the $2.8 billion project.

Republican challenger Boyce Adams said he would have supported the plant had he been in Presley’s seat because of its economic impact and clean coal technologies.

Energy is the future in Mississippi, and I think the Energy economy will lead Mississippi out of this recession,” Adams said. “But we have to make sure we have our doors open for Business and cut unnecessary regulation.”

He then chided Presley for rejecting the coal plant against the desires of Mississippi‘s top political leaders, and he disputed the company would raise utility fees.

“The 45 percent rate hike is not factual, it’s a scare tactic promoted by the Sierra Club,” Adams said. “There is no rate hike associated with the project.”

THAT IS A LIE  Mr. Adams, prove it!  Not even Leonard Bentz, and Mississippi Power is singing that fable.

But in a document filed by Mississippi Power Company with the Public Service Commission in 2009, the company itself estimated its average residential customer would pay an additional $60 per month from 2014 through 2020 to fund the plant.

MPC said it represents about a 30 percent increase. But the MississippiBusiness Journal, which has done a series of stories on the issue, said it’s actually a 45 percent increase based on average residential consumption of 1,200 kilowatt hours per month.

Adams also accused Presley of illegally accepting a campaign contribution four years ago from Mitchell Scruggs and then hiding that fact. According to state election rules, candidates for the Public Service Commission can’t accept campaign donations from people or entities regulated by the PSC.

Until three weeks ago, Scruggs had served as president of the North Lee County Water Association, which has come under fire for a series of allegations involving mismanagement and falsifying water samples.

“The minimum penalty for willfully accepting campaign money from anybody you’d regulate is removal from office,” Adams said. “It’s not legal or ethical.”

Campaign finance records show Presley accepted $1,000 from Mitchell Scruggs Farm on April 27, 2007. The money was returned to Scruggs on Jan. 31, 2008.

“Obviously, I didn’t know he sat on the water board at the time I accepted the donation,” Presley said. “I don’t know every person who sits on every board in the district. But as soon as I realized it, I returned the money. Period.”

Adams said he’s in the same position as Presley, yet he hasn’t accepted a single contribution from anyone associated with a utility.

He has, however, accepted donations from Washington lobbyists who work on behalf of Utilities. Matt Wise and Bret Boyles, both of whom lobby for AT&T, each gave Adams $250 this year.

“It’s different, they’re personal friends,” Adams said. “They are not registered lobbyists in Mississippi. There’s nothing legally that prohibits” contributions from lobbyists.

Adams went on to criticize Presley’s handling of the North Lee County Water Association debacle. He said had Presley heeded the early warning signs, he could have avoided the entire situation. Instead, Adams said, his opponent ignored customer complaints about poor water quality until the issue became public through the Daily Journal.

Presley said his investigators handled each of the 77 complaints filed by North Lee customers to the PSC since he took office. But none of them alleged falsified water samples or mismanagement from the supervisor and board of directors.

Presley also questioned how well his opponent would have handled North Lee in light of Adams’ Sept. 26 letter to all water association boards in the district.

“I want you to know that, if elected, I will not overstep my authority as commissioner, like some have done in the past,” Adams wrote. “I vow to work with each water association to assist in their needs – not dictate their performance.”

He also said the “the last thing we need right now is more regulation.”

Adams said he meant the letter as an invitation to collaborate, not as a carte blanche to operate outside the law. He also said that most water associations work well with their customers and the government and he doesn’t want to unnecessarily burden the good boards with rules written for the bad ones.

Presley said he supports more regulation for water associations and wants the entities subject to the state’s Open Records and Open Meetings law.

Misissippi Power, Southern Company, Profit From EPA Regultion Scam

Watch this video for clarity of our perspective on the experimental demonstration Kemper County Lignite Coal Plant. It includes a very costly CO2 experimental removal system that only uses electricity (CO2 CAPTURING DOES NOT PRODUCE ENERGY.)  Politicians and Power Plant Spokes persons, have recently changed their dialogue;

From : CO2 causes Global warming and causes “premature deaths” so we need to contain CO2.

TO: Mississippi Power can make millions selling the CO2 to oil companies.

Doesn’t this CO2 selling remind you of those cheesy get-rich-quick infomercials? 

PSC Race is High Energy with Mike Collier (D) and Leonard Bentz (R)

Well, at least Mississippi Power’s being honest about who they support in Southern PSC race
From a reader on the Coast:

Who put that sign there?

In case you were wondering, Mike Collier (D) is looking to unseat Leonard Bentz (R) in this race. Bentz voted for a 45% rate increase to shift all the risk of construction of Mississippi Power’s Kemper County Coal Plant to the consumers, and off of Mississippi Power.

What is 21st Century Coal?

In an attempt to further clarify the direction that Southern Company is taking Mississippi Power, through the development and execution of the demonstration lignite coal plant in Kemper County, we must first understand the clever terminology utilized by Thomas Fanning, Southern Company’s chief executive. In case you forgot this technology will be demonstrated first in China then Mississippi.
In an October 2, 2011 interview, Thomas Fanning specifically mentioned, that we must develop “21st century coal” plants.
What is 21ST CENTURY COAL? We find the answer from the White House Press Secretary dated November 17, 2009;

 Today, President Barack Obama and President Hu Jintao pledged to promote cooperation on cleaner uses of coal, including large-scale carbon capture and storage (CCS) demonstration projects. Through the new U.S.-China Clean Energy Research Center, the two countries are launching a program to bring teams of U.S. and Chinese scientists and engineers together in developing clean coal and CCS technologies. The two countries are also actively engaging industry, academia and civil society in advancing clean coal and CCS solutions.

Why would the USA want to participate in carbon dioxide capturing and storage?   The White House  discloses the intentions and purpose;

“Collaborating in the development of clean coal and CCS solutions in China will open new markets for U.S. businesses and workers and, through the insights gained in the process, help accelerate CCS deployment in the United States.”

In conclusion, Southern Company wants to develop 21st century coal plants which capture and store carbon dioxide for the purpose of opening Carbon Dioxide markets (carbon trading) in the United States for the profit of selected businesses and the demise of others.  So Southern Company exposed their hand to us initially suggesting that carbon dioxide capturing was for the purpose of environmental protection and saving lives from premature deaths related to global warming caused by CO2, but in reality 21ST CENTURY COAL is nothing more than a platform to launch Carbon Trading on NASDAQ.

Why should Mississippi ratepayers be forced to pay into what appears to be a pyramid-like scheme disguised as your electric bill.  Mississippi power will simply raise your electric rate, the electric rate of your grocery store, barber, church, gas station, and so on.  Even if you are not a Mississippi Power customer you can see how any rate increase this vast across Mississippi will affect every citizen.  Therefore I see nominal benefits and great risk to the ratepayer but phenomenal benefits to those pushing “21st century coal” for their diversified investment portfolio.

We can further conclude that the Public Service Commissioners have decided incorrectly when they voted 2-1 in favor of placing the burden of financing the experimental demonstration lignite coal plant in Kemper County upon the backs of the ratepayers.

As a side note: There is a pattern that you may want to be aware of, whenever there is United Nations involvement, the term “accelerate” is used. It is imperative that the Department of Energy, the Environmental Protection Agency, and other United Nations supported organizations, both government and non-government, expedite their policies before the American citizens understand their Agenda and take action to stop it.  The Green Agenda is not environmental, environmentalism is the smokescreen used to accomplish their goals.

Now go back and look at what the Press Secretary of the White House said,”that the two countries are actively engaging civil society.”   Do you understand what “engaging civil society” means?  Obama’s staff wrote that specifically for a purpose.  It comes back to utilizing terminology that sounds benign, beneficial, and safe but in reality it has a completely different meaning and purpose than what American citizens would expect. This is another example of intentional deception.  keep up the research for you are in for a BIG surprise.

Oct 2 2011  Thomas Fanning, Southern Company chief executive, tells the FT’s Ed Crooks that the company is pressing ahead with its plans to build two new reactors in Georgia. Nuclear power is important for diversifying energy supplies, he says.

Mississippi Power Partners With Criminals On Lignite Coal Venture

Southern Company selects a troubled partner to unequally yoke to Mississippi Power’s Kemper County Coal Plant. HERE

Most prefer to choose honest moral business partners instead of criminals.

Kellogg Brown & Root LLC (KBR)

Four KBR Supervisors and five KBR executives and two KBR employees involved in massive “FRAUD” that “endangered the health of American soldiers even as it lined contractors’ pockets, records show.”  HERE

KBR also “approved inflated bids”  and accepted bribes; but don’t worry, none of those 13 people had been charged so perhaps they are available today to work with Mississippi Power on our Kemper Coal bids and contracts.  Don’t you feel the trust?

“In the basement of one of KBR’s Houston office buildings, a 25-member team from the Defense Contract Audit Agency had “no communications” with “personnel on the ground,” so they could not confirm whether goods and services actually were delivered.

Can anyone tell us who is overseeing the Kemper Coal Plant logistics and operations for Mississippi ratepayers?  Mississippi ratepayers need an independent auditing agency with a trustworthy reputation to protect our interests.  Our Public Service Commissioners have had previous problems accepting audits due to “lack of a complete and thorough fact-checking.” Surely our PSC aren’t using anyone affiliated with previous audit debacles and never use HORNE CPA again following the problems with the audits.

(Side Note) Has anyone noticed that HORNE CPA contributes a great deal to Republicans?  HERE  We hope that is not why they get the contracts.  $10,400 to Steven Palazzo’s  campaign. HERE    Mississippi ratepayers hope Horne CPA is in no way involved in protecting the people of Mississippi from the actions of Criminals.

“Jackson accounting firm Horne LLP faces criticism for the second time in two months after a Feb. 18 audit by the Department of Homeland Security’s Office of Inspector General reported that the company billed Mississippi Emergency Management Agency an excessive amount of $7,751,445 for services that included paying employees up to $109 an hour to scan documents.”   Here

The auditing agency hired by our Public Service Commissioners were involved in a $7.7million of “excessive charges.” Are they involved in Kemper Coal Plant, even indirectly?

“To sin by silence when they should protest makes cowards of men.”
Abraham Lincoln

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