Wichita ? A federal magistrate judge has rejected a utility’s demand to depose Gov. Kathleen Sebelius before her confirmation as U.S. secretary of health and human services.

U.S. Magistrate Judge Donald Bostwick issued his order Friday denying an expedited deposition of Sebelius in the lawsuit filed by Sunflower Electric Power Corp.

The Hays-based utility is suing the state over the Sebelius administration’s denial of air quality permits for two coal-fired power plants the company wants to build in southwest Kansas.

Bostwick ruled that the nomination of Sebelius to head the Department of Health and Human Services did not constitute “good cause” to justify an expedited deposition of her.

Sebelius could still be deposed later.

Bostwick said in his order that an expedited deposition would be a “significant burden” to the governor, who has argued she is busy with the Legislature and preparing for her confirmation hearings.

Bostwick also noted the U.S. District Judge Eric Melgren has not yet ruled on an earlier motion by the state seeking to dismiss the lawsuit.

The governor’s attorneys also argued in court documents that she should not be deposed at all in the case because the company has not tried to obtain information from other sources.

Bostwick agreed, saying it would be “more logical and efficient” to begin depositions in the case with agency personnel with direct knowledge of the issue before taking the governor’s deposition.

Health and Environment Secretary Rod Bremby denied the Hays-based company’s applications for air quality permits for the power plants in October 2007, citing potential carbon dioxide emissions and the possible effects on public health and the environment.

Sunflower Electric has fought that denial on several fronts, including a federal lawsuit seeking to prohibit the state from considering carbon dioxide emissions in its application. It contends the decision to block the coal-fired plants violates its constitutional rights. It argues the state is seeking to block the interstate sale and distribution of electricity.

The attorney general’s office argues a federal lawsuit interferes with the appeal of the state’s decision. It contends the lawsuit seeks to force state officials to disregard Kansas law and the dangers of carbon dioxide emissions in evaluating the application.