Kentucky Statutes:

Electric Generation and Transmission Siting

278.700 - 718


2018 Dec 17  James Rogers, 71, Dies; Utility Chief and Clean Energy Advocate

Rogers was 3years& 1.75 days older than john


updated 2008 05 10           reported by

flicking the card to bring down the house of Enron,

while reversing de-regulation of energy...

(Click on the green underlined terms for linked document.  Let me know when links fail.)

The following, arranged in reverse chronological order (please begin at page end.), chronicles a 14-month episode in Kentucky history in which a legislative gap was filled to protect Kentucky citizens from inappropriate imposition of power plants to generate electricity -- for sale to non-Kentuckians (Merchant Power Plants) where such plants do not belong and/or do not fit.  Senate Bill 257, began at the pen of Kentucky state Representative Jon Draud, finally passing both House and Senate unanimously in an otherwise discordant 2002 legislative session during which concurrence on the budget was not achieved. 

By GOD,  against the will of Cheney, reversing ENERGY-DeRegulation, exposing the lies that had built the house of cards we knew as Enron which brought down California; against the $8 Billion Energy-Merchant Cinergy, not $1.00 was accepted to finance the grass-roots-community effort that succeeded. 

Cinergy, now Duke Energy, did not build the intended, "inevitable", state-permitted Northern Kentucky power plant, and the following 2003 report indicates the ultimate prudence in that result. 

McGraw-Hill monthly magazine Platts ENERGY, April 2003, pg 53, excerpts from article by William Horton:

Over the past three years in the U.S., nearly twice as much proposed new capacity wasn't built than was built.  Experts suggest that the financial plight of energy companies and utilities, declining power prices, and the throttling of state deregulation programs have forced developers to cancel projects that probably had no business being planned in the first place.

Study sees generation glut in Midwest lasting another decade    Midwest power markets should continue to have excess generating capacity over the next 10 years...according to a report released in February by two consulting firms.  "Currently, reserve margins in ECAR and MAIN { 2 midwest regions, since 2006 01 01 consolidated to "RFC", now comprising more than the original:  8 states centered on Indianapolis: } are about 20%, which is already high," says Jeff Price, managing partner of Bluewave Resources of Fairfax, VA, which compiled the report with Annapolis, MD-based Hill & Associates.  "We are projecting that [the margins] will grow to above 26% by 2006, based on new plants likely to be built." ... The report predicts that gas-fired units would continue to lose money, because profitable spark spreads seen in the region four years ago have "dried up" says Price.  In 1998 low gas and high power prices were the norm, he explains.  "Everyone expected that to continue."  Gas prices, however, have risen dramatically, while power prices have stabilized or grown softer.

2002 revision of Kentucky Revised Statutes

2002 Senate Bill 257

02 10 13  New Library opens under Blue Sky, declared free of Power Plant combustion.

02 07 05 KRC update Implementing SB257 - FAQs

02 04 18 Legislative Report and Cinergy Permit Release

02 04 15 Vote on Senate Bill 257:

House: 95 - 0

Senate: 36 - 0

KY Citizen Contact Line 800-592-4399

KY Legislative Message Line 800-372-7181

02 04 06 Word from Tom Dorman and Jon Draud: There is hope for passage April 15.

We recommend prayer, and expression to: House Majority Floor Leader, Representative Greg Stumbo of Prestonsburg.

02 04 01 Jobs or Pollution?

02 03 28 Amend-lets

02 03 27 Updated Chart comparing HB-540 with SB-257.

02 03 26 Today the House Committee on Local Government passed, with one dissenting vote by Rep. Gray, SB-257 with Amendments. The most critical need for subsequent floor amendment comes from testimony, after passage of the subject amendment, by Public Service Commission Chairman Tom Dorman:

I am advised by staff that under the current certificate of Public Convenience & Necessity, the Public Service Commission can determine that a site is inappropriate. So this is a new restriction upon the Commission and we'll talk with the folks involved...

02 03 25 Kentucky House Committee on Local Government, in a special meeting, addressed SB-257. Committee Chair: Steve Riggs, Louisville.

02 03 22 Report on Current Status of Senate Bill 257 with suggested improvements for rapidly improving legislation.

02 03 16 Schmidt Testimony Mar 14 to Senate Committee

02 03 15 Report on Senate Committee Agriculture and Natural Resouces Senate Bill 257 laudably improved. Thank you Senator Scorsone!

02 03 14 Today the Kentucky Senate Committee on Agriculture and Natural Resources meets at 10a in Rm 131 and may continue discussion began last Thursday on legislation that is needed subsequent to deregulation of electric utilities in Ohio 2001 01 01. For more background, read on, especially Merger Madness. Kentucky currently has no defense against adventurist energy merchants seeking to feed electricity to Ohio and Michigan at the expense of Kentucky oxygen, leaving Kentucky with the waste products of combustion, i.e. pollution. Current state law allows one billion BTU combustion 600 feet from a library and senior living facility! So a law is needed. But which one?

House Bill 540 is the legislative result of the initiative by Representative Jon Draud, Crestview Hills, Kenton County, whose pre-filed HB-24 evolved under bi-partisan research facilitated and mandated by Governor Patton's moratorium on Power Plant construction began in 2001 October. House Bill 540 codifies the result of that research which was reported to the Environmental Quality Council on 2002 01 24. This bill reflects the best of responsive, local initiative and broad, resourceful vision, and was passed by the House 84-14.

Senate Bill 257 appears to be a copy of HB-540, but which was editted to remove most of the citizen protections afforded by HB-540. The Comparison Chart provides the details of the result. Citizen involvement was reduced, public notice was eliminated, protection was diminished and the threshhold was raised in favor of the energy merchant. Please contact Committee Members, advising your preference via

02 02 18 House Bill 540 has passed favorably from study in the House Committee for State and Local Government, supported by Rep. Jon Draud and Governor Paul Patton who visits the Kenton Lands site today.

02 02 18 HB540, including amendments offered by john schmidt in MS Word format. htmVersion

Subsequent action on the bill may be followed at and specifically:


Note:  During this gap in the flow of events, Representative Jon Draud prepared HB-540 for presentation in 2002 January.  Meanwhile Crestview Hills took the lead in preparing an Appeal, joined by City of Erlanger, and Deborah and John Schmidt.  Depositions and Discovery continued through 2001 November and December and into 2002 February, and is documented voluminously on paper, all occurring in the background of legislative activity indicated above.


C H E E R Monday: July 23, 7pm at 463 Erlanger Road

01 07 17, Preliminary Hearing of Appeal Frankfort

Forthcoming: a report of progress in the Appeal of the Improperly issued Permit.

01 07 08 Review of Otte Report or download WordPad doc

01 06 24 Unacceptable Risk or download WordPad doc

01 06 05 City of Erlanger announced denial of Building Permit Application by Cinergy.

01 06 04 Three Appeals were filed with the Cabinet for Natural Resources and Environmental Protection: (1) by the City of Erlanger; (2) by the City of Crestview Hills enjoined by other Cities including: Elsmere, Fort Mitchell, Lakeside Park, and Edgewood, and Citizens; (3) by Deborah and John Schmidt.

01 05 16 Notice to Concerned Citizens. Microsoft Excel Spreadsheet. Let us know if you cannot read this. This will be updated; thank you for patience.

2001 05 15 Letter of Purpose

01 05 15, 6pm, at Erlanger Fire Department, followed by Council Meeting at 7pm. Bring your gas mask! Press Release

01 05 14 Merger Madness

The Map ..........The Plant

Download this Petition

01 05 10 Press Release

01 05 04 KY Division of Airheads inadequately protecting environmental Quality issued Approval of Cinergy Application for Permit V-00-053 with the small-minded statement from spokesman Mark York: "Based on state and federal regulations, there was no basis to deny the permit."

01 05 01 Cinergy held its annual Shareholders Meeting at the Omni Netherland Hotel downtown Cincinnati at 5th & Race Streets. Crestview Hills Mayor Paul Meier and City Administrator Kevin Celarek were joined by Erlanger Citizens Deborah Schmidt and Linda Mardis with many others demonstrating against the inappropriate imposition of dual 10' diameter smokestacks exhausting 2 million pounds per hour of 1000 steamy, toxic exhaust within 1200 feet of 500 lives in Northern Kentucky.



01 04 30 First Meeting of C H E E R at 463 Erlanger Road.

Welcome from all of us

Citizens for Healthy Environment Everywhere Residential

Please join us as we continue to nurture responsible opposition to the new adventurous, unregulated (and out of control) Energy Merchant division of Cinergy, proposing to suck oxygen at the rate of 150,000 pounds per hour from the heart of residential life in Northern Kentucky, leaving thousands of us with noise, pollution, and devalued property, for the purpose of electricity generation for non-Kentuckians.  Kentuckians, by law, are served by another, long-standing, well-known, regulated Utility division of Cinergy: Union Light, Heat and Power Company. SinnerG has conspired to avert public review as dictated by Kentucky Revised Statute 278.025 (6) by seeking a Permit as an unregulated merchant intending to sell only to the wholesale market outside of Kentucky. Please click on Merger Madness for more details.

Join a growing movement standing firm on our fundamental right to a healthy environment in the heart of Northern Kentucky. United We Stand:

Leaders Active: There was a meeting with Governor Paul Patton in Frankfort on 2001 Apr 18, attended by Kentucky Representative Jon Draud, Crestview Hills Mayor Paul Meier, Erlanger Vice-Mayor Patty Suedkampe, Environmental Consultant Riley Kinman, PhD, and included the Secretary of the Cabinet for Natural Resources and Environmental Protection, James Bickford. The Northern Kentucky delegation met the Governor with 270 names on petitions and details of the proposed imposition. On 2001 Apr 23, US Representative Ken Lucas met with Cinergy officials and is reported to have been unyielding in his position that the smokestacks do not fit in the heart of residential Northern Kentucky.

Representative Draud is drafting legislation that would outlaw's Cinergy's current despicable behavior.

Frequently Asked Questions

Here are links of significance:


01 04 27 Letter to Editor, for enquiring minds of responsible media.

01 04 22 463 Erlanger Rd-- Special Celebration of Earth Day. Especially for Children !! John Schmidt and other speakers will expand our understanding of this blessed pumpkin in space we share.


01 04 22 eMail Compendium - printable WordPad doc includes discussions of issues in communications with Cinergy, Erlanger, Division of Air Quality, etc.

01 04 17 Walk and Caravan Erlanger Rd to Council Meeting. Join Us at the Crescent Avenue Train Station celebrating clean air in the heart of Northern Kentucky, then walk Erlanger Rd to the 7:00 Erlanger Council Meeting.

01 04 09 Citizen Assembly at Thomas More College was moved to Seilers Common to accommodate overflow crowd including Representative Jon Draud and Senator Jack Westwood. Audio and Video Recordings are available. The purpose of the meeting was to provide a public forum enabling expression of all viewpoints. Cinergy did not respond to invitations and was not visible at the meeting. We reviewed the Cinergy Annual Report and learned more about the adventurous Cinergy Merchant, Cinergy Capital and Trading, Inc. (CinCap), opportunistically exploiting many years of good will developed by Cincinnati Gas and Electric and Union Light, Heat and Power divisions of Cinergy in order to "extract value", "concentrate on profits"... "executing on our energy merchant strategy and its aspirations to achieve accelerated growth that creates exceptional returns."

01 04 05 Of Legal Interest

Report on City of Erlanger Council Meeting 01 04 03

We are especially encouraged by the leadership of Erlanger City Council Members who voted unanimously, in the April 3 Council Meeting, in favor of the resolution submitted by Council Member Thomas Rouse to oppose the power plant proposed for just inside of the Erlanger City boundary.  This demonstrates the conviction by Erlanger leaders to defend the value and meaning of "The Friendship City" respecting Erlanger residents, neighbors, and visitors.

01 04 02 Report (in progress) on City of Erlanger Cinergy Proposal Committee Meeting Erlanger City Bldg 2001 03 29 Thursday 4:00pm

On 2001 Mar 06, after sending Letter to Erlanger to Mayor Otto and all Erlanger CouncilMembers, i was grateful for the opportunity to address the Erlanger Council meeting, and provided to each member the hardcopy Letter to Northern Kentucky Leadership, along with the now outdated spreadsheet Ciner10.xls.

2000 Chronology of the emergence of this imposition on our community is provided by report from Crestview Hills City Administrator Kevin Celarek, and by year 2000 minutes of Erlanger Council Meetings.


If you would to sign a petition opposing installation of this Power Plant on Kenton Lands Road, please stop at the Crestview Hills City Building, between the Dillards Mall and AppleBees, at 50 Crestview Hills Mall Road, during 8 - 5. Or call 727-9999 to make arrangements for a stop on Erlanger Rd after hours, or download the petition and get it filled as much as possible, then return it.

Especially for those not having the resources to compose and produce a letter expressing opposition to this proposed Power Plant, we provide a sample letter. Please let us know if you would like a hard copy.



Reviewing information provided by Cinergy and obtained from General Electric and other sources, regarding the proposed installation of a 100MegaWatt Power Plant, on top and in the midst of residential Northern Kentucky, we are devastated by the bold audacity of Cinergy in subverting responsible public review to accomplish relatively trivial pecuniary objectives at the expense of public safety, health and welfare, affecting thousands of innocent, unknowing lives.

Following are relevant documents enabling your needed, urgent participation in rejecting this abomination. Please let us know if we may further assist you in questions or comments or actions for the good of many Northern Kentuckians for many generations to come.

Urgent because the permit has been issued by the Kentucky Environmental Destruction Agency

Air Quality Permit Number: V-00-053

subject to appeal, as indicated above, and subject to: Rapid, Effective, Responsible action by responsible Northern Kentucky Leaders.

Our review is based on the equipment named by Cinergy and appearing on the Permit, Pg 4 of 28.  The address for the original document provided by General Electric has since been changed currently to:   2006 02 27.  The document is archived at

Based on this document, supplemented by phone discussion with its author, F.J. Brooks, we provide this Excel spreadsheet, Ciner15.xls, to detail the absolute magnitude of this large Power Inferno, so inappropriately located.

Subsequent to publication by the Community Recorder on 2001 03 22 of the first substantive discussion about the proposed Power Plant, we reviewed more thoroughly the relevant analyses began with limited time on 2001 03 02. The current version of this analysis, in Excel spreadsheet Ciner15.xls, has withstood challenge ordered by Cinergy from Frank Brooks of GE, who assisted in confirming the analysis provided. We welcome continued reviews and communications enabling corrections and improvements in order to afford the community a dependable resource for evaluating the impact of this inferno on our community. In a letter dated April 16, Mr. Brooks indicated that the performance of the gas combustion turbine would produce levels below what is permitted by the Draft Permit from the Division of Air Quality as reported on Ciner15.xls. We will issue Ciner16.xls to reflect estimated performance data in contrast to what is permitted by the Permit. This will be based on data obtained from a similar installation; data which exists but is not readily available. Otherwise, Mr. Brooks confirmed the numbers in Ciner15.xls.

We note there are already 2 coal-powered plants upwind from this Northern Kentucky community near the tri-state convergence, visible from I-275 in Indiana. We already suffer the insult of those emissions. We disproportionately suffer the burden of airplane/airport operations, the convergence of I-71, I-75, and I-275, and a very active railroad in this vicinity. We do not deserve more punishment! In a report published on May 1 in the Post, Kenton County experienced 18 high-ozone days during 1997 - 1999. Where Cinergy has located similar gas-combustion turbines in Butler County, there were 46 days of non-attainment.

We do not question the need for electricity, the benefit of electricity, and the obligation of Cinergy to serve this community by providing responsible generation of electricity.

Fundamental to our position opposing this abomination is the availability of alternative locations. This location occurs on a loop of gas trunk line departing from the main supply lines coursing generally from the south toward downtown Cincinnati. This is apparent from a not-detailed gas-line map provided in Cinergy's Annual Report (retrieved after searching on "Erlanger" from This main trunkline appears to pass through a more typically industrial, Licking River valley zone affording also opportunities for synergy with other industries that may find useful the HUGE amount of non-utilized heat we should not be asked to absorb. Such an arrangement is reportedly already underway with a new drywall production plant. Additional pipelines apparently support up-river installations along the Ohio River affording the desired buffer of at least 1/2-mile, compared with the much too little buffer -- less than 1/8 mile -- on Kenton Lands Road.

Further, the impetus for this gas-fired plant has been reduced by the Bush Administration's recent relaxation of restrictions on Carbon Dioxide generation. Previously, threat of these restrictions has already inadvertently spurred a regrettable mad dash by power generators to build natural gas-fired plants all over the country, robbing Americans of a secure source of winter heat and driving up the price of this rapidly dwindling non-renewable resource. This rapid decline of natural gas supply is implicated by one analyst as the probable basis for a severe recession by next year! Since, especially in this Kentucky region, coal is a viable source of energy, of little interest to anyone but power generators, Bush has signaled to Cinergy to build more coal-fired generation capability, buy more coal (for the good of Kentuckians) and burn the coal somewhere the hell away from residential uses of our planet! There is even a new Energy Department-sponsored $95M bonus for most inventively innovating use of coal in electrical generation. Would California love to have our coal!

This quiet Kenton Lands site is for Library, residence, healthful recreation, and agriculture, NOT FOR FIERY, NOISY POLLUTING SMOKESTACK INFERNOS !!!!! which will increase the already intolerable pollution in densely residential area. This pollution is magnified by nightly inversions and again by summertime subsidence inversions causing smog in Northern Kentucky.

From the National Weather Service: Inversion- An increase in temperature with height. The reverse of the normal cooling with height in the atmosphere. Temperature inversions trap atmospheric pollutants in the lower troposphere, resulting in higher concentrations of pollutants at ground levels than would usually be experienced.


We ask Cinergy to control itself, respecting the sanctity of residential life, locating its industrial activities properly buffered (away from) innocent lives constitutionally guaranteed freedom from insults to Life, Liberty, and the Pursuit of Happiness.      Air is a shared resource that respects no boundaries. Dilution is the solution for pollution. While Cinergy needs oxygen from air for input, and must eliminate the waste of combustion, it must strategically locate far enough away from children so that dilution assures sub-toxic exposure to children so as not to compromise their health and safety . A good rule of thumb is one half mile for every Billion BTUs of combustion. An absolute minimum is one quarter mile (1320 feet). Absolutely unacceptable is 800 feet!