Also noteworthy:

In the matter of Appeal of Permit V-00-009, by City of Crestview Hills, City of Erlanger, and D&J Schmidt:

Legal counsel for Cinergy, in a letter dated 2002 April 15, directed to legal counsel for the Kentucky Cabinet for Natural Resources and Environmental Protection, states:

"Cinergy wishes to terminate all rights under the permit effective immediately..."

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Main Feature:

On April 15, the KY Legislature adopted Senate Bill 257

an Emergency Act relating to electric generating facilities.

House 95 - 0

Senate 36 - 0

History

This bill was originally pre-filed by Crestview Hills Representative Jon Draud as House Bill 24. Enlisting review by the executive branch, the bill evolved with input from primarily the Public Service Commission and was renamed House Bill 540, with continuing sponsorship by Representative Draud. After review by the House Committee on Local Government, this Bill passed the House 84 - 14 on Feb 25.

In the Senate, the Bill was allocated to the Committee on Agriculture and Natural Resources, chaired by Ernie Harris of Oldham County, north of Louisville. Senator Harris had been Co-Chair, with Louisville Rep. Larry Clark, of the Task Force on Electricity Restructuring, a study commissioned by the 1998 legislature to assess issues related to electricity deregulation.

Senator Harris derived a new Senate Bill 257, initially (apparently) copied from Draud's Bill. A comparison of the two bills indicated weak support for local involvement and notification, leading to Committee revision that began to resemble Draud's Bill. Senate Bill 257 then passed the Senate 36-0 on Mar 18.

Senate Bill 257 was again reviewed by the House Committee on Local Government which reported favorably on Mar 26 for full House vote. But this vote was delayed by House Majority Leader Greg Stumbo of Prestonsburg. After various citizen efforts, while accruing over 20 amendment proposals, Senate Bill 257 House Floor Amendment #22 was passed by the House unanimously, and likewise in the final hour of the Senate before midnight April 15.

Governor Paul Patton is expected to sign Senate Bill 257 into Law.

Detailed analysis forthcoming.

Respectfully serving,