Relies Upon Legislative and Judicial Authority

US Supreme Court ruling April 2, 2007 Massachusetts vs EPA EPA mandate requires greenhouse gas regulation under Clean Air Act Kansas Attorney General issued Opinion September 2007 KS AG issued opinion laid out legal authority to deny coal permits Legislation disrespects its own authoity as released to KDHE in 2000 Bremby responsibly and cautiously upheld the environmental law Legislators ignored their own laws and safety of state citizenry

February 2000
Kansas Senate Utilities Committee
Testimony led to repeal of the
Kansas Siting Act

Kansas Solar Electric Co~operatives

TESTIMONY

Presented to Kansas Senate Utility Committee and Kansas House of Representatives Energy & Natural Resources Committee February 6th to 7th 2008

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Bremby Decision

HISTORIC OVERVIEW:

1. February 3, 2000 KS Senate Utilities Committee Testimony led to repeal of KS Siting Act
2. KS deregulated power plants as Energy Crisis 2000 hit CA per deregluation
3. KS Corporation Commission [KCC] no longer regulates siting of power plants
4. Kansas has no regulatory requirement for coal plants except KDHE permit
5. 2006 Massachusetts et al versus EPA demanded EPA regulate greenhouse gases
6. April 2, 2007 US Supreme Court ruled EPA must regulate greenhouse gases
7. Regulation of CO2 thereby must be regulated per Clean Air Act 1963
8. October 18, 2007 KDHE Secretary Bremby denied permit for two coal plants
9. Sept 2007 Sec Bremby asked Attorney General for opinion on legal grounds
10. AG indicated Bremby had authority to deny per K.S.A. 65-3012 and 65-3008b
11. KDHE had to deny permit for plant due to CO2 and Mercury emissions in KS
12. Today Kansas depends on coal-fired power for 80% of electricity consumed
13. SUNFLOWER PLANTS WOULD BE LARGEST POLLUTER IN THE UNITED STATES!
14. 2004 KDHE issued warning for women and childen not to eat fish in KS
15. Coal-mercury toxins in fish linked to mental regardation and fetal damage
16. 95% of electricity to be distributed to Colorado via costly distribution
17. 50% of electricity would be lost in distribution --> costly electricity
18. Obligation to sequester or otherwise abate the emissions not contracted
19. Sequestration is not yet a proven process of hazardous waste containment
20. Sunflower needs to evolve sequestration demonstration on existing plant March 3, 2008 is deadline to apply for related Federal demonstration fund
21. If successful, new coal plant proposal may be reconsidered in 2015
22. K-SEC to install Phase I Demonstratoin of 10MWp BI-PV Solar in KS by 2010
23. California consumes 233,000 Gigawatt hours a year of electricity
24. California does not have any coal-fired power in the state due to hazards
25. 10% of electricity consumed by CA is imported coal-fired electricity
26. Exporting coal-fired power is costly$ risky due to new global warming laws
27. June 2007 CA legislation banned future contracts for coal-fired power
28. Kansas consumes 33,000 Gigawatt hours year of electricity 26,000 GWh=coal
29. Responsible Kansans do not need or want more coal-fired power emissions
30. Sunflower would wisely build wind, a Solar Chimney & 1,000 MWp BI-PV Solar
31. Three 200 MWp Solar Chimneys in Western KS to provide clean jobs
32. Rural Electric Cooperatives to benefit from KS Solar Electric Co~operatives
33. Phase I Demo 10 MWp by 2010 and 1,000 MWp BI-PV for KS by 2020 Program
34. Feb 2000 expert testimony to Senate Utilities Comm. admits coal not option

Kansas House Bill 2711 and Senate Bill 515

• Legislative bills strikes EPA authority and denigrates Secretary Bremby.
• What is the use of Senate lawmakers when Senate doesn't abide by the law?
• Kansas legislators are attempting to fast-track coal-fired plants.
• KS legislators ignore environmental hazards in derrogation of US Supreme Court ruling, ongoing outcry from scientists regarding global warming and coal-mercury toxins, Kansas Attorney General opinion and thousands of citizen pleas in 2007 testimony.
• Kansas Legislation wrongfully attempts to denigrate and publically harass Bremby instead of attending to their own misconduct in repealing Siting Act.
• HB 2711 and SB 515 is a large complex bill filled with numerous issues.
• Fast-tracking bad decisions will impair sustainable development in Kansas.
• The hurrier the Senate tries to go the slower any development will evolve.
• Legislators are not beyond reproach, impeachment and/or litigation.
• We have never seen such disrespect and disregard for the law by a Senate.

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CONTACT INFORMATION: KANSAS SOLAR ELECTRIC CO~OPERATIVES [K-SEC] Eileen M. Smith, M.Arch. Founder & Director Post Office Box 2 Lawrence, Kansas 66044

Founder & CEO Since 1992 SOLAR DEVELOPMENT COOPERATIVE PREVIOUS ADDRESS: 3535 East Coast Highway #216 Corona del Mar, CA 92625

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