"This lawsuit is just another political effort to ignore scientific facts and lay the blame for air quality problems in densely populated, traffic-clogged cities like New York City on someone else," Heydlauff said. "This action is totally without merit and we believe we will prevail should this lawsuit reach trial.
"The best available scientific information on smog transport -- information that New York, Connecticut, other Northeast states and the Environmental Protection Agency helped to develop -- shows that coal-fired power plants in the Midwest contribute little to smog problems in Northeast states," Heydlauff said. "This research shows that controlling local emissions sources is the best way to improve local air quality. The Northeast states would not see any meaningful improvement even if emissions from all Midwest sources of smog-related pollutants were eliminated. The states need to properly address local mobile source and stationary source emissions before placing the blame on sources more than 500 miles away."
Heydlauff noted that New York Gov. George Pataki announced on Nov. 8 that New York will develop regulations to require new, cleaner California Low Emission Vehicle (LEV) standards by 2004. If the new regulations are developed, all new vehicles sold in New York beginning in 2004 must meet California LEV standards, which are more stringent than what is required by the state today but less stringent than new standards being developed by the U.S. Environmental Protection Agency. Existing vehicles in New York -- those purchased prior to 2004 -- will be grandfathered and will not be forced to add emissions controls to meet the new standard. New York residents will not face a deadline to retire existing vehicles and replace them with cleaner vehicles.
"New York´s governor has finally recognized that local transportation sources are primarily responsible for local smog, but we have to question why this step wasn´t taken years ago if New York´s often-stated concern about the public health impact of occasional local air quality problems was more than political rhetoric," Heydlauff said. "We also question why New York isn´t suing its neighboring states to adopt California LEV standards, since transportation sources operating in the multi-state New York City metropolitan area are primary contributors to the smog problem. Instead, New York officials have elected to sue Midwest sources while delaying implementation of necessary, but politically unpopular, controls on transportation choices made by their voters.
"EPA data shows that transportation sources -- cars and trucks -- are responsible for the largest percentage of pollutants that create smog. The only way that New York, Connecticut and other Northeast states can reduce the occasional air quality problems in, adjacent to and downwind from major metropolitan areas is to address the massive number of cars and trucks crowding the roads in these densely populated areas."
According to the lawsuit, filed in U.S. District Court in Columbus, Ohio, certain projects -- some completed more than a decade ago -- were designed to increase the power plants´ generating capacity in violation of the Clean Air Act. Under the New Source Review requirements of the Clean Air Act, if a source undertakes a major modification that directly results in an emissions increase, it can trigger permitting requirements under the New Source Review program and may subject the source to the installation of additional pollution control technology.
This requirement is not applied to activities such as routine maintenance, replacement of degraded equipment or failed components, or other repairs needed for the reliable, safe and efficient operation of the plant. AEP projects cited in the lawsuit fit this description, Heydlauff said. None resulted in an increase in generating capacity and many may have helped to lower emissions.
"It is obvious that the New York and Connecticut attorneys general and their staffs do not understand what it takes to keep a power plant or any other industrial facility in proper operating condition," Heydlauff said. "Equipment breaks down unexpectedly or wears out and must be repaired or replaced. In that way, a power plant is no different than any other piece of equipment.
"When something in a car or home furnace breaks, you replace the part," Heydlauff said. "It´s the same with these plants. We have properly maintained the facilities and have made repairs when necessary. But we have not increased the generating capacity.
"The company´s activities are consistent with historic industry practices and past EPA guidance," Heydlauff said. "Our maintenance activities are no different than those conducted at power plants in New York, Connecticut or any other state."
Projects cited in the lawsuit were undertaken at 10 AEP power plants: Tanners Creek, Lawrenceburg, Ind.; General James M. Gavin, Cheshire, Ohio; Muskingum River, Beverly, Ohio; Cardinal, Brilliant, Ohio; Kammer, Moundsville, W.Va.; Philip Sporn, New Haven, W.Va.; John Amos, St. Albans, W.Va.; Kanawha River, Glasgow, W.Va.; Mitchell, Moundsville, W.Va.; and Clinch River, Cleveland, Va. These projects were necessary to ensure safe, efficient and reliable operations of the facilities, Heydlauff said.
"AEP and other companies in our industry are required by law to maintain generating facilities to provide a safe, efficient and reliable supply of electricity," Heydlauff said. "The projects cited in this lawsuit were completed to enable us to meet our legal obligation to serve our customers."
AEP, a global energy company, is one of the United States´ largest investor-owned utilities, providing energy to 3 million customers in Indiana, Kentucky, Michigan, Ohio, Tennessee, Virginia and West Virginia. AEP has holdings in the United States, the United Kingdom, China and Australia. Wholly owned subsidiaries provide power engineering, energy consulting and energy management services around the world. The company is based in Columbus, Ohio. On Dec. 22, 1997, AEP announced a definitive merger agreement for a tax-free, stock-for-stock transaction with Central and South West Corp., a public utility holding company based in Dallas.
For More Information, Contact:
Pat D. Hemlepp
Manager, Media Relations
American Electric Power
614/223-1620
Pat D. Hemlepp
Manager, Media Relations
American Electric Power
614/223-1620