Topeka Sunflower Electric Power Corp. filed a petition today seeking to overturn the state's rejection of its permits to build two coal-fired power plants in western Kansas.
Leaders of the Hays-based company said the decision by Kansas Department of Secretary Roderick Bremby was unconstitutional, unreasonable, arbitrary and capricious.
On Oct. 18, Bremby denied permits for the two 700-megawatt plants proposed to be built near Holcomb at a cost of $3.6 billion. Bremby cited concerns with the carbon dioxide emissions that would come from the plants.
In its petition filed with KDHE, Sunflower states Bremby had no right to deny the permits because carbon dioxide emissions are not regulated by the government.
Bremby's order also is invalid because he didn't apply the same restrictions to existing power plants, the company said.
And, Sunflower argued, that the denial order included no evidence "that emissions of carbon dioxide from the proposed power plants will cause a substantial endangerment to the health of persons or to the environment."
A hearings officer will consider the denial and make a recommendation to Bremby who will then decide again on the matter.
The petition for reconsideration of the decision is a required step before the decision can be challenged in court.