In an order filed Friday, the three-member commission said it would separate the issues during the hearing process – first addressing the need for the power plant, which is the main part of the application, and then the possible rate increase.
“The commission denies the attorney general’s motion … because it finds the issues raised in his brief are addressed in this procedural order,” the PSC said.
The PSC disagreed with Hood’s challenge to its jurisdiction and ruled that it could determine the fate of the application because the gas process is part of the power plant.
“Without it, there would be no IGCC plant,” the PSC said.
Entegra Power Group and Magnolia Energy, two independent power producers, and the Sierra Club filed the other motion, challenging the need for the lignite clean-coal power plant.
The PSC denied that motion, saying it had “determined that this filing is a legitimate petition, and further, the company has a statutory obligation to serve its customers.”