WildEarth Guardians

Tuesday, April 21, 2009
WildEarth Guardians Targets Xcel Energy's Plans to Stick Colorado With More Mercury Contamination, Higher Bills

Comanche 3 Coal Burning Boiler Being Constructed Illegally Without Limits on Potent Poison
Contact: WildEarth Guardians

DENVER - In a move to safeguard public health, WildEarth Guardians today formally notified Xcel Energy that construction of the coal burning Comanche 3 boiler in Pueblo is moving forward illegally without limits on mercury emissions. The group intends to file suit against Xcel after 60 days and halt construction of the massive boiler.

"This is a matter of preventing poisoning," said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. "Xcel Energy is plowing ahead to fire up its smokestack without fully protecting public health. That's not only dangerous, it's illegal."

Mercury is a potent neurotoxin that has contaminated the fish in 20% of Colorado's lakes and reservoirs. The Comanche 3 boiler is permitted to release 131 pounds of mercury every year, roughly equal to the amount in 60,000 household thermometers. According to the U.S. Environmental Protection Agency, just one household thermometer is enough to contaminate the fish in a lake with a surface area of 20 acres.

Today's notice comes as Xcel Energy is seeking a $175 million rate increase from the Public Utilities Commission to cover the costs of the Comanche 3 boiler, a request that WildEarth Guardians opposes.

"It's bad enough Xcel is going to saddle Colorado with more contamination, now they want to saddle us with higher bills," said Nichols. "For the sake of our future generations, this has to stop."

Under the Clean Air Act, toxic air emissions, including mercury, have to be limited using up-to-date control technologies. These limits are required to be established through a permit before construction of a source of air pollution begins. In the case of Comanche 3, Xcel Energy started construction 2006, yet never obtained a permit limiting toxic emissions with modern controls. In a March 2009 letter, even the Colorado Department of Public Health and Environment informed Xcel Energy that it was required to obtain such a permit.

With modern controls, Xcel Energy could reduce mercury by 95% or more from the smokestack of Comanche 3. Despite the need to limit mercury, Xcel Energy is continuing to move forward with construction of Comanche 3.

Citizens can file suit against polluters under the Clean Air Act, but first have to provide 60 days notice. If Xcel Energy does not secure a permit limiting toxic air emissions using up-to-date controls within 60 days, WildEarth Guardians will file suit against the company in federal court to halt construction of the Comanche 3 boiler. For a copy of the notice letter, contact Jeremy Nichols, jnichols@wildearthguardians.org.

WildEarth Guardians is a nonpofit organization dedicated to protecting and restoring the wildlife, wild places, and wild rivers of the American West.

View letter to Xcel Energy.