TCEQ to hold contested case hearing on Wolf Hollow 2 power-plant air permits after several residents qualify as affected persons

The Texas Commission on Environmental Quality voted Feb. 13 to grant contested-case hearing status to several nearby residents who had filed hearing requests opposing air quality permits for Wolf Hollow 2 Power LLC, and referred the application to the State Office of Administrative Hearings (SOAH).

TCEQ staff told commissioners the proposed permits would authorize construction of an expansion at the existing Wolf Hollow 2 power plant. The executive review found that many hearing requests were form letters or petitions; however, staff recommended and the commission agreed that several individuals had filed timely comments and had identified specific personal interests and proximity to the plant sufficient to qualify as affected persons.

The commission granted hearing-request status to Shanice and Travis Coppenhaver, Daniel Lackey, Karen Person and Cheryl Shadden (names as recorded in the hearing determination). It referred the application to SOAH to address whether the draft permit will be protective of the health of the requesters, their families, their animals and livestock and wildlife, and whether it will be protective of air quality. The commission set a maximum contested-case hearing duration of 180 days from the preliminary hearing until issuance of a proposal for decision.

Commissioners also denied other hearing requests that were untimely or failed to show a personal justiciable interest. All requests for reconsideration were denied. The motion that granted the identified hearing requests, denied the remainder, referred the matter to SOAH on the listed issues and set the 180-day duration passed on an affirmative vote.

No oral argument was taken before the commission; parties who signed in were noted for the record.