Staff writer

niedbala@observer-reporter.com

Commonwealth Court on Wednesday ruled in favor of Wellington Development LLC's plans to construct a coal waste-fired power plant in Nemacolin.

The appellate court issued an order affirming a decision of the Pennsylvania Environmental Hearing Board. The board in November had dismissed an appeal of the issuance of the plant's air quality permit.

Wellington plans to build the 525-megawatt plant near Nemacolin. The plant is expected to burn more than 3 million tons of waste coal annually from the Nemacolin, Isabella, LaBelle and Clyde coal refuse piles.

An air quality permit for the plant was issued in June 2005 by the state Department of Environmental Protection.

DEP's approval of the permit was appealed by two individuals, Phil Coleman and Dennis Groce, and the environmental groups, Group Against Smog and Pollution and the National Parks Conservation Association.

After the board dismissed the appeal, the groups filed a petition for review with Commonwealth Court.

The developers of the power plant could not be reached Thursday for comment. An attorney for GASP, Michael Parker, said he had not yet received notice of the decision.

The company has maintained the plant will employ state-of-the-art technology to burn waste coal cleanly.

The plant also will create new jobs and clean up abandoned coal refuse piles that are major sources of pollution, it said.

The environmental groups have argued the company is not using the best technology available to reduce emissions from the plant.

Work at the plant site began in early December with construction of concrete foundations for power line towers. Company officials have said activity at the site should increase this spring.

The two environmental groups and the Sierra Club also filed a notice they intend to sue the company in federal court to stop the project.

The groups claim construction of its plant failed to begin before the company's air quality permit expired on Dec. 21. The company and DEP dispute that claim.

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