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Hempstead County Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n

ELR Citation: 39 ELR 20135
Nos. No. 08-128, (Ark. Ct. App., 06/24/2009)

An Arkansas appellate court struck down a state permit allowing an electric company to build a $1.6 billion coal-fired power plant near the state's southwest border with Texas. The state public service commission failed to require the company to address alternative locations in its permit application. Moreover, it failed to make a finding regarding the basis of the need for the new plant. And the commission failed to resolve all matters concerning the power plant and association transmission lines in a single proceeding. If the company chooses to reapply for a permit, the commission must conduct a single proceeding in compliance with the state's Utility Facility Environmental and Economic Protection Act, make the statutory findings required, resolve all matters regarding the generating plant and transmission lines and basis of need for such a facility in a single proceeding, and provide the appropriate notices with adequate opportunity for interested parties to participate in the decision.