Plans for a huge increase in Texas' use of coal to meet rising power demands suffered a major setback Wednesday when two state administrative law judges sided with environmentalists against a permit for a new TXU plant near Waco.
The judges rejected Dallas-based TXU's contention that it could build its proposed, two-unit Oak Grove plant in Robertson County without making the region's air pollution worse. TXU has made similar arguments for each of the 11 new coal-burning units that it wants to build, mostly in East Texas.
The 11 TXU plants are among 16 coal-burning units that power companies want to build in Texas. Environmental and health groups say the coal boom would harm air quality across the state's eastern half. Power companies say they would have minimal effect on air quality and are needed to provide electricity for a growing state.
Oak Grove is the first new TXU coal plant to go before the State Office of Administrative Hearings in Austin for a formal review. While other proposed plants will get individual hearings, the Oak Grove recommendation could signal problems for other plants. Administrative Law Judges Carol Wood and Thomas H. Walston issued their decision based on testimony and evidence presented at a hearing in June. Such recommendations, while not binding on the Texas Commission on Environmental Quality, typically carry great weight when the agency's commissioners rule on disputed permits.
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