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05.08.2008 11:09 am

Honesty in the Aquila debate

St. Louis Post-Dispatch
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Let’s hear it for Sen. Kevin Engler, R-Farmington, for a bit of straight talk on the Senate floor this morning. The Senate is debating the Aquila bail-out bill, HB2279, which would allow the investor-owned utility to keep its plant in Cass County even though it built it in defiance of a court order.

Sen. Joan Bray, D-St. Louis, is questioning why the legislature would support such blatant lawbreaking. Throughout the debate over the past few weeks, most lawmakers who have supported the bill have avoided answering the question about why the General Assembly should support breaking the law.

But not Engler.

Bray: “It’s OK to have broken the law, that’s what we’re saying?”

Engler: “Correct.”

Engler argues that it’s a bad deal, but it’s better than making a company tear down a $140 million plant and then rebuild it in the same place.

Stay tuned.

8 comments

Comments are closed.

I don’t look at this so much as saying it’s okay to break the law, but sometimes a variance needs to be put in place after the fact. It happens with local jurisdictions constantly — why would anyone in their right mind want to suggest that the plant should be torn down then rebuilt over red-tape?

My suggestion — pass the bill (I haven’t read it) and charge them a stiff penalty for having moved forward without proper approval.

— Jim (the republican)
11:26 am May 8th, 2008

I agree, but the penalty should be severe enough that future lawbreakers would want to avoid it.

— southcountymike
12:23 pm May 8th, 2008

Agreed. A monetary penalty would be the most practical at this time. But it has to be big enough to re-inforce the courts ruling, not just a slap on the wrist. A figure the comes to mind is 1.5 times the original cost of construction. This would be cheaper than rebuilding a new plant, but large enough to discourage further disregard for the courts and rule of law.

— Stormwatcher
1:22 pm May 8th, 2008

Stiff penalty? Where would you stand if the plant fails a few years down the line?

Would you then say there should have been better oversight at the outset of its’ construction?

This plant should be thoroughly inspected and any all deficiencies fixed first. Then fine them. Then pass the bill.

— RHarnack
1:32 pm May 8th, 2008

Wrong wrong wrong. Sorry. Tear it down, let them rebuild it if they like.
Why would anyone in their right mind pass a law to protect Aquila “…even though it built it in defiance of a court order.” ???
Aquila took a gamble in continuing construction. They lost. Now they want their money back from the dealer.

— jj
1:40 pm May 8th, 2008

I have a question, if they do have to pay a stiff fine for building with out the variances will they be able to write off their fines? If so we would all be subsidizing their criminal activities.

— Bubba Union
1:49 pm May 8th, 2008

Bray (a Democrat): “It’s OK to have broken the law, that’s what we’re saying?”

Engler (Republican): “Correct.”

Why should this surprise anyone.

— llbean
11:15 am May 9th, 2008

Aquila acted in clear contravention of a court-issued injunction to build this illegal power plant in the first place.

Now, because “might makes right,” residents should be forced to live with the sound of a 747 landing in the front yard every time the plant turns on its turbines simply because of the inconvenience for this criminal corporation?

Bullocks!

READ BETWEEN THE LINES: THIS IS NOTHING MORE THAN A NASTY QUID PRO QUO BETWEEN REPUBLICAN LAWMAKERS AND THE HAND THAT FEEDS THEM! Just take a look at where Aquila unloads its hefty profits:

Democrats $6,800 14.54%
Republicans $39,975 85.46%

-HOUSE REPUBLICAN CAMPAIGN CMTE OF MISSOURI REPUBLICAN 1 $15,000
-SENATE MAJORITY FUND OF MISSOURI REPUBLICAN 2 $12,500
-MISSOURI REPUBLICAN PARTY REPUBLICAN 1 $1,250
-ENGLER, KEVIN SENATE Did Not Run REPUBLICAN 1 $500
-BARTLE, MATT SENATE Won REPUBLICAN 1 $600

YOU GET WHAT YOU PAY FOR.

— Matt
2:55 pm May 11th, 2008