An aerial view of Georgia Power’s Plant Scherer
Caption
An aerial view of Georgia Power’s Plant Scherer
Credit: Capitol Beat/File photo

The Sierra Club filed an appeal Friday to a court decision upholding Georgia Power Co.’s plan to collect from customers $525 million in coal ash pond closure costs.

The state Public Service Commission (PSC) gave the Atlanta-based utility permission to pass along those costs as part of Georgia Power’s 2019 rate case. A Fulton County Superior Court judge upheld the commission’s decision late last year.

Georgia Power is spending an estimated $8.1 billion on a multi-year plan to close all 29 of its ash ponds located at 11 coal-burning power plants across the state to comply with federal regulations. The utility plans to excavate and remove the ash from 19 ponds and close the other 10 ponds in place.

Coal ash contains contaminants including mercury, cadmium and arsenic that can pollute groundwater and drinking water as well as air.

“Georgia power customers have already paid for the coal being burned — both with their pocketbooks and with their health,” said David Rogers, Southeast deputy regional director for the Sierra Club’s Beyond Coal Campaign. “They shouldn’t have to foot the bill for Georgia Power’s bad business decision decades ago to not properly dispose of this toxic coal ash.”

In a brief submitted to the Georgia Court of Appeals, the Sierra Club argues that Georgia Power failed to explain in the rate case how it would spend the $525 million it requested.

The brief also complains that the PSC approved Georgia Power’s proposal even though the state Environmental Protection Division has yet to issue permits for the ponds slated to be closed.

The costs of cleaning up around 92 million tons of coal ash across Georgia would go up if the PSC later requires the utility to excavate all of the ponds and store the ash in lined landfills, the Sierra Club asserts.

Georgia Power issued the following statement on the case:

“The issue of cost recovery was thoroughly discussed and evaluated through Georgia’s open and transparent regulatory process with the Georgia Public Service Commission (PSC), and the PSC’s decision was affirmed by the Superior Court of Fulton County.

“Georgia Power took early action to quickly and safely begin closing all of our ash ponds, and our closure plans fully comply with the federal Coal Combustion Residuals (CCR) rule as well as the more stringent requirements of the state CCR rule. We strongly disagree with any claims to the contrary.”

The Republican-controlled General Assembly declined to take up legislation introduced by minority Democrats during the recently concluded session requiring coal ash to be stored in lined landfills.

A bill tightening monitoring requirements for coal ash made it through the Georgia House of Representatives but died in the state Senate.

This story comes to GPB through a reporting partnership with Capitol Beat News Service.