Utility asks judge to block release of coal plant facts

The Sierra Club says the public should know of financial risks of operating coal-burning plants.

  • By PHUONG LE Associated Press
  • Thursday, September 6, 2018 1:09pm
  • Northwest

By Phuong Le / Associated Press

SEATTLE — An electric utility is asking a Washington state judge to permanently block the public release of some economic information it provided to state regulators about its coal-burning units.

The Sierra Club says the public should have clear information about the financial risks of operating coal-burning power plants. It filed a public records request seeking information that PacifiCorp blacked out in a coal analysis the company provided to the Washington Utilities and Transportation Commission this summer.

In July, PacifiCorp won a temporary restraining order to prevent state regulators from releasing that information publicly. A Thurston County Superior Court judge is scheduled Friday to hear whether to make that injunction permanent.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The utility, based in Portland, Oregon, completed a unit-specific analysis on the costs of retiring its coal-burning units — at the request of Oregon state regulators — but redacted some information it said was confidential and “commercially sensitive.”

“This is a partial analysis that doesn’t provide a complete picture of whether or not a coal unit should be retired early,” said Bob Gravely, a PacifiCorp spokesman. He said releasing the information could do real harm because it can be misconstrued and distort the market. The utility provided the redacted information to those who signed non-disclosure agreements, he added.

The utility serves 1.9 million customers in six Western states, including Washington and Oregon. Coal accounts for about 62 percent of PacifiCorp’s supply mix, and it has 26 coal-burning units in Wyoming, Utah, Montana and other states.

The Sierra Club says that there’s a strong public interest in the information, that it is not a trade secret and that the utility hasn’t met its burden to prove that disclosing it would result in harm to the company.

The Sierra Club has been pushing utilities nationwide to retire coal-burning plants or replace them with renewable energy sources such as wind or solar, arguing the cost of operating coal-fired power plants is too high and costs ratepayers.

The Trump administration is actively trying to prop up the coal industry and extend the life of coal plants, said Caleb Heeringa, deputy press secretary for the Sierra Club’s beyond coal campaign.

“It’s never been more important that we have clear information about the cost of operating of those plants,” Heeringa said.

The Environmental Protection Agency last month said it would dismantle Obama-era pollution regulations that it called overly prescriptive and burdensome. Its proposal broadly increases the authority given to states to decide how and how much to regulate existing coal power plants.

In August, an administrative law judge with Oregon’s Public Utility Commission sided with PacifiCorp and declined to release the coal analysis, calling it “a trade secret” and not public information.

In Washington, state regulators haven’t taken a position, said spokesman Dean Pertner.

“The UTC will release confidential records filed with the UTC that are responsive to a public records request unless there is a court order preventing disclosure,” Pertner said.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Northwest

Jerry Cornfield / Washington State Standard
A new law in Washington will assure students are offered special education services until they are 22. State Sen. Adrian Cortes, D-Battle Ground, a special education teacher, was the sponsor. He spoke of the need for increased funding and support for public schools at a February rally of educators, parents and students at the Washington state Capitol.
Washington will offer special education to students longer under new law

A new law triggered by a lawsuit will ensure public school students… Continue reading

Seen here are the blue pens Gov. Bob Ferguson uses to sign bills. Companies and other interest groups are hoping he’ll opt for red veto ink on a range of tax bills. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Tesla, Netflix, Philip Morris among those pushing WA governor for tax vetoes

Gov. Bob Ferguson is getting lots of requests to reject new taxes ahead of a Tuesday deadline for him to act on bills.

An apartment building under construction in Olympia, Washington in January 2025. (Photo by Bill Lucia/Washington State Standard)
Next stop for Washington housing: More construction near transit

Noticed apartment buildings cropping up next to bus and light rail stations?… Continue reading

Jacquelyn Jimenez Romero / Washington State Standard
Lt Gov. Denny Heck presiding over the Senate floor on April 27.
Washington tries to maintain B.C. ties amid Trump era tensions

Lt. Gov. Denny Heck and others traveled to Victoria to set up an interparliamentary exchange with British Columbia, and make clear they’re not aligned with the president’s policies or rhetoric.

Commuters from Whidbey Island disembark their vehicles from the ferry Tokitae on Wednesday, Feb. 28, 2018 in Mukilteo, Wa.  (Andy Bronson / The Herald)
Bids for five new hybrid ferries come in high

It’s raising doubts about the state’s plans to construct up to five new hybrid-electric vessels with the $1.3 billion lawmakers have set aside.

A speed limiter device, like this one, will be required for repeat speeding offenders under a Washington law signed on May 12, 2025. The law doesn’t take effect until 2029. (Photo by Jake Goldstein-Street/Washington State Standard)
Washington to rein in fast drivers with speed limiters

A new law set to take effect in 2029 will require repeat speeding offenders to install the devices in their vehicles.

Members of the Washington Public Employees Association march at the 2025 public service recognition event at the state Capitol on May 7, 2025. (Jerry Cornfield/Washington State Standard)
Union urges Ferguson not to sign budget without their pay raises

Lawmakers say a union representing 5,300 Washington state workers and community college employees ratified a contract too late to be funded this year.

Attorney General Nick Brown (center) announces a lawsuit against the Trump administration in Seattle, Washington, on May 9, 2025, over its declaration of an energy emergency. (Jake Goldstein-Street/Washington State Standard)
Trump energy emergency latest target for Washington AG

In a 15-state lawsuit filed in federal court in Seattle, states argue the president is abusing his authority to fast-track fossil fuel projects.

WA State Supreme Court upholds ban on high-capacity ammo magazine sales

Firearm magazines that hold more than 10 rounds will remain outlawed under a 2022 law that a gun shop challenged as unconstitutional.

Jacquelyn Jimenez Romero / Washington State Standard
The Washington state Capitol on April 18.
Why police accountability efforts failed again in the Washington Legislature

Much like last year, advocates saw their agenda falter in the latest session.

Heavy rain eroded part of Upper Hoh Road, closing it in December. (Photo courtesy of Jefferson County)
Heavy rain eroded part of Upper Hoh Road, closing it in December. (Photo courtesy of Jefferson County)
Hoh Rain Forest road to reopen after state assistance to repair washout

With the help of over $600,000 in state money, the sole access… Continue reading

A person turns in their ballot at a ballot box located near the Edmonds Library in Edmonds, Washington on Sunday, Nov. 5, 2023. (Annie Barker / The Herald)
Decision on investing WA Cares tax dollars in stock market goes to ballot

A proposed constitutional amendment would let assets, which exceed $1.6B, be invested much like the state’s pension funds. Voters rejected the idea in 2020.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.