News Release

For more information contact: Linda Berry, (785) 271-3269 or Samir Arif, (785) 271-3188

December 3, 2015

Kansas Corporation Commission Opens Investigation Into EPA Clean Power Plan Rule
Invites Members of the Public to Submit Comments

Topeka, KS - Today, the Kansas Corporation Commission opened a General Investigation into the Environmental Protection Agency's (EPA) Clean Power Plan rule. The General Investigation also provides a mechanism for soliciting comments from members of the general public to be entered into the record.

The Commission will hold legislative-style public hearings, as well as an informational session regarding the Clean Power Plan. In addition, the Commission has also set up a public comment form on its website at http://www.kcc.ks.gov/your-opinion-matters for submission of public comments.

During the 2015 legislative session, the Kansas Legislature directed the Kansas Corporation Commission to study and report back to the Clean Power Plan Implementation Study Committee during the 2016 legislative session. The scope of the investigation and subsequent report to the legislature will focus on the following:

  • Each utility's re-dispatch options along with the cost of each option.
  • The lowest possible cost re-dispatch options on a state-wide basis.
  • The impacts of each re-dispatch option on the reliability of Kansas' integrated electric systems.

The EPA released the Clean Power Plan rule in August 2015. The rule calls for states to develop a plan to reduce the proportion of energy that is produced with coal and fossil fuels. If a state fails to implement a plan that complies with the rule, the federal government will impose its own plan. A state compliance plan is due to the EPA by 2018, and initial targets for carbon reduction will begin in 2022.

"This rule will impact the electric industry in a way that has not been seen since rural electrification in the 1930's. It will affect every budget, every business and every utility company in Kansas," said Commissioner Pat Apple. "I'm pleased that the Commission has opened a docket into this matter, so that we can take a closer look into the rule's implications, as well as to give members of the public a chance to weigh in, on-the-record."

Nearly two-thirds of electrical generation in Kansas is produced from coal. If the Clean Power Plan is implemented as currently structured, electric rates are expected to increase significantly.

This order directs staff to provide a timeline by January 30, 2016 for holding legislative-style hearings to solicit input from staff, consultants, stakeholders, and members of the public.

An education session will be held on January 12, 2016 immediately following the regularly scheduled Commission meeting. The session will provide an opportunity for Kansas Corporation Commission staff, the Kansas Department of Health and Environment, and the Attorney General's office to present information to the Commission regarding the Clean Power Plan.

The full text of the order can be found at: http://estar.kcc.ks.gov/estar/ViewFile.aspx/20151203134542.pdf?Id=a7bbe593-beff-428e-8be7-14f3b5d67212.