Topeka ? State lawmakers Wednesday criticized federal environmental regulators for accusing Westar Energy Inc. of pollution violations at the Jeffrey Energy Center, one of the largest coal-fired plants in the nation.

“I don’t know why they are picking on Westar,” said House Utilities Chairman Carl Holmes, a Republican state representative from Liberal.

Last week, the Environmental Protection Agency notified Westar that the company had failed to obtain required permits during the 1990s before making changes at the Jeffrey Energy Center, the company’s largest electric generating plant.

Westar has denied being out of compliance with the federal Clean Air Act, and said that if the EPA ordered the plant to install expensive equipment, the company may seek a rate increase. That has angered consumer advocates, who say ratepayers shouldn’t be penalized if Westar violated the law.

But Wednesday, Holmes said any settlement with the EPA probably would cost Westar.

“However the settlement comes out, it is going to increase electric rates,” he said.

State Rep. Bonnie Huy, R-Wichita, asked if the EPA “was trolling around” when it “whacked” Westar.

David Neufeld, executive director of Jeffrey Energy Center, defended the 25-year-old plant as one of the most efficient and cleanest in the nation.

The 2,400-megawatt plant produces nearly half of Westar’s power. Westar is Kansas’ largest electric utility with 650,000 customers, including Lawrence residents.

Westar customers aren’t responsible for cost of upgrades, official says (1-28-04) Watchdog group’s counsel reacts to possible Westar rate changes (1-27-04) EPA notifies Westar of permit violations (1-27-04) See more on Westar

Neufeld told the Utilities Committee that modifications to the plant in the 1990s were done to make it more efficient, saving customers millions of dollars.

“We are actually very proud of them,” he said of the upgrades, noting that they are highlighted in brochures about the plant.

He said the plant modifications meant less emissions per ton of coal, but that because the plant had become more efficient, it could produce more power.

Neufeld said it was a common situation, and about 65 percent of the plants in the nation were on notice or under investigation by the EPA related to what is called new source review violations.

The provisions require utilities to install modern pollution control equipment whenever the plants are modified.

Westar has requested a meeting with EPA officials to discuss the dispute. Asked how he thought that would turn out, Neufeld said, “I don’t know the answer to that.”

The plant opened in 1978 to great fanfare, attracting then-Vice President Walter Mondale to the dedication. The Jeffrey Energy Center consumes 10 million tons of coal per year and has three stacks standing 600 feet tall.