Energy and Environment Cabinet Defers Listening Sessions after Supreme Court Decision

Reinforces Kentucky’s position regarding clean power plan

Frankfort, Ky. (Feb. 10, 2016) In light of the U.S. Supreme Court’s decision to issue a stay on the EPA’s Clean Power Plan (CPP), the Energy and Environment Cabinet is deferring its plans to conduct listening sessions on the rulemaking and gather input on compliance options. The Supreme Court’s decision reinforces the position Kentucky and the other 25 petitioning states have regarding the CPP.

“Conducting listening sessions at this time is premature because the CPP could change substantially as a result of litigation, or it could be vacated altogether.  The CPP’s unprecedented requirements have placed states in an untenable position relative to electricity generation, threatening energy affordability and reliability,” said Energy and Environment Cabinet Secretary Charles Snavely.

Billions of dollars have been invested in recent years to make Kentucky’s electricity generation fleet compliant with environmental regulations. Evolving market dynamics are also leading to a diversification of Kentucky’s electricity generation. The CPP’s potential to strand these investments and impose higher costs on Kentucky’s ratepayers was a factor behind the state’s legal challenge of the rule. The EEC also petitioned the EPA for reconsideration of the rule because the final CPP contained regulatory requirements that were not available for comment in the proposed rulemaking.