The court said that, if SWEPCO intends to reapply for a permit, new proceeding should be conducted by the Arkansas Public Service Commission (PSC) on whether the plant is necessary and meets other regulatory requirements.
The court also said that a single hearing should be conducted as per the state law, but the PSC has held more than one permit hearing.
Preliminary construction has been going on for months; Babcock & Wilcox holds an order for the plant’s boiler and Shaw Group has received the EPC contract for the plant.
The company has received plant approval from the state regulators of Louisiana and Texas, which would affect ratepayers there. The company needs to get approval on an appeal of its grant of an air-quality permit from the Arkansas Department of Environmental Quality, Which is pending for the plant.
SWEPCO is a subsidiary of Ohio-based American Electric Power.
