Local Lawmaker Between Coal and a Hard Place in Power Plant Battle

By David Doerr, Waco Tribune-Herald, Texas

Jan. 28–Protests are planned, lawsuits are pending and the debate continues to rage over one of the hottest issues currently facing Texas: the state’s increasing appetite for electricity and a proliferation of coal-fired power plants proposed to meet that demand.

And with 10 of the state’s 16 coal-fired plant projects located in Central Texas, including three in McLennan County, Waco finds itself quite literally in the center of the controversy. As the debate heats up, state Sen. Kip Averitt said he intends to keep a cool head as he prepares to preside over hearings on the plants that are sure to enliven the state Capitol this spring.

Last February, Averitt, R-McGregor, was appointed by Lt. Gov. David Dewhurst to serve as chairman of the Senate Natural Resources Committee. The 80th Texas Legislature will mark Averitt’s first regular session in the powerful post, where he will command the flow of legislation in the state Senate dealing with environmental issues such as air quality.

It’s a task that many of those who have known and worked with him during his 14-year career as a state lawmaker say he is particularly equipped to handle. And given that Averitt, 52, hails from a Central Texas-based district, which contains several of the proposed plant locations, it should give Waco certain advantages, Waco Mayor Virginia DuPuy said.

“That is just terrific news for us locally,” she said. “He is in the perfect position to influence the outcomes in the Legislature and (the Texas Commission on Environmental Quality). We are very fortunate in that.”

But Averitt’s views on the coal-fired power plants don’t always align with those of the city, county and the Greater Waco Chamber of Commerce. All three entities, as well as state Reps. Jim Dunnam and Charles “Doc” Anderson, both of Waco, are seeking higher standards of proof from the state that the plants will not harm air quality in Central Texas.

Averitt has generally voiced support for the plants and confidence in the power companies’ abilities to reduce harmful emissions while burning coal for fuel. He said he believes the new units in McLennan County will emit less smog-causing emissions than TXU’s current gas-fired plants at Lake Creek and Tradinghouse Lake, which the company said it wants to retire.

Averitt has a record of taking on tough environmental issues. While serving as a state representative, Averitt, who was elected to the Senate in 2002, helped create a composting program for the dairy industry that has reduced the amount of polluted run-off that finds its way into the Bosque River. He also fought to toughen restrictions and oversight of the dairy run-off.

DuPuy said Averitt played an essential role in protecting and cleaning up the river, which is a major source of Waco’s drinking water. She hopes Averitt will play a similar role in protecting Waco’s air quality during this year’s debate over power plants.

“I won’t forget what he did for us at that point (on the Bosque) and I think this is an opportunity for him again to provide some leadership that is just critical to our area,” the mayor said.

But Averitt’s new assignment chairing the natural resources committee is likely to increase the pressure on him to make difficult decisions. Since February, Averitt has made dozens of trips crisscrossing Texas to learn about the state’s diverse environmental issues.

“The beautiful thing about natural resources is that the issues are different in every community,” he said. “That’s what makes it a unique experience. You really do have to spend some time in the field to get a flavor.”

Some of those statewide issues include securing funding for the state water plan, pushing efforts to get vehicles with dirty diesel engines off the road and designating future reservoir sites. But the 13 coal or coke plant permit applications currently awaiting approval from TCEQ are likely to draw the most fire during his committee hearings.

Last week Anderson called for a 180-day moratorium on new coal plants to give regulators time to verify that the cumulative impact of such plants won’t cause metropolitan areas such as Dallas or even Waco to violate the federal Clean Air Act.

Cities and counties across the state have joined together to contest the permitting of the plants, most of which were proposed by TXU in the past year. The company has eight permits pending, including those for two eastern McLennan County sites.

Although much of the debate has centered on smog-causing emissions, the plants’ potential effects on global warming also is part of the controversy, said Tom “Smitty” Smith, director of the Texas office of Public Citizen, a consumer watchdog group.

“It is a titanic fight. It needs to be,” he said. “It is one of the most important environmental issues we’ll face in our generation, particularly because of the long-term impacts of the global-warming gases.”

Smith said he believes electric utilities such as TXU are rushing to have coal-fired power plants permitted before greenhouse gases such as carbon dioxide are regulated.

“With the change in the U.S. Congress, there well may be debate on this during this session, and it is anybody’s guess as to whether legislation will pass this time around,” Smith said.

Power companies have said the state is on the verge of an energy crisis, citing reports from the Electric Reliability Council of Texas that predict energy shortfalls by 2009 if new sources of power aren’t built soon.

The Clean Coal Technology Foundation of Texas, a lobby organization supported by TXU and other energy industry-related companies, has said electricity shortages could occur as soon as this year, potentially causing rolling blackouts similar to those California experienced in 2001.

“Texas is walking a very fine line. The Texas Legislature should take action to ensure that new sources of power come online as quickly as possible,” said Donna McDonald, the foundation’s administrative director, in a news release. “Otherwise, the reliable electric system that we have taken for granted for decades will be in jeopardy.”

TXU has defended its proposed power plants by saying new emission control technologies will allow the company to reduce its current systemwide smog-causing emissions by 20 percent by retiring its older gas plants.

Averitt said he has investigated the impact of the plants and encourages his constituents to do the same. He believes they will come to the same conclusion he did: They’re safe.

“It’s a whole lot easier to say they are dirty and we don’t want them here,” he said. “That’s a whole lot easier to believe. Everybody’s perception of a coal plant is a plant with a stack billowing out black smoke. That’s what they were 30 years ago.

“If I thought these plants were going to endanger our ability to meet (federal standards), then I would not be supportive.”

Smith, of Public Citizen, said he believes Averitt has been misinformed about the impact of the plants. Smith added that he looks forward to presenting his case against them during the legislative session.

Public Citizen and other groups plan to push for alternatives to coal-fired plants such as a statewide effort to promote consumer-end energy efficiency. They also want to encourage the use of new technologies such as Integrated Gasification Combined Cycle, also called coal gasification, to generate power.

“Senator Averitt is concerned, as we all are, about keeping the lights on,” Smith said. “We think energy efficiency offers us a technology that can be deployed immediately that will keep the lights on while reducing electric bills. And it will give us the breathing room to review whether other generation technologies will be able to provide power with lower pollution.”

Despite their disagreements, Smith said he has great respect for Averitt and has had many positive experiences working with him in the past.

Averitt said he’s happy to be leading the discussion in the Senate. He also plans to work on legislation that would offer incentives for coal gasification and other technologies producing lower emissions.

“I am committed to clean air. We are committed to (meeting federal standards),” he said. “We have too much time, effort and resources invested to take even a small step backwards. I won’t let it happen.”

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Copyright (c) 2007, Waco Tribune-Herald, Texas

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