The Colorado Mining Association — citing conflicts of interest — has filed a motion to block two state Public Utilities Commission members from ruling on Xcel’s $1.3 billion plan to close coal-fired power plants.
The mining association is seeking to have PUC Chairman Ron Binz and Commissioner Matt Baker recuse themselves from voting on the plan to retrofit or replace five Front Range coal-fired plants with natural gas units.
The motion is based on emails and documents the mining association obtain through a Colorado Open Records Act request.
The emails show the two commissioners in communications or negotiations with Xcel and representatives of the natural gas industry on the Clean Air-Clean Jobs Act, before it was even filed in the legislature in March.
The law provides Xcel with accelerated cost recovery for switching coal-fire to natural gas as a way of cutting air pollution and helping the state meet federal clean air standards.
“The Commissioners have breached their duty to the people of Colorado by making a private deal with Xcel Energy (PSCo) to allow it to ‘spend itself rich,'” the motion alleges.
If Binz and Baker were to be removed from the case, it would leave only one commissioner, Jim Tarpey, to review the plan.
Xcel spokesman Mark Stutz said the commissioners involvement was not out of the ordinary, especially on a complex bill.
“Historically, commissioners have provided their expertise to developing legislation for the General Assembly,” Stutz said. “From our perspective nothing unusual was done here. That is exactly what they should have been doing.”
