Posted on Fri, May. 02, 2008

Water dispute still simmering

PIPELINE FOES PONDER NEXT MOVE

By Andy Mead

AMEAD@HERALD-LEADER.COM

FRANKFORT --

When the Public Service Commission ruled last week that Kentucky American Water could build a new treatment plant and pipeline, the agency said it hoped it was bringing a 20- year controversy to an end. But people who live along the pipeline route are not ready to give up their fight.

Members of Citizens for Alternative Water Solutions gathered at Frankfort's Paul Sawyier Public Library on Thursday evening to plot strategy after their setback.

The meeting had been widely advertised in an e-mail that encouraged everyone to come, but a Herald-Leader reporter was asked to leave the room where the group met.

Group member Tona Barkley later emerged with a three-paragraph statement that said CAWS will ask the PSC for a rehearing, and called on Attorney General Jack Conway to challenge the PSC's approval because it didn't include a price cap that he had sought.

CAWS had earlier argued in a filing with the PSC that such a cap was not permissible.

The PSC order gives Kentucky American the go-ahead to build a $162 million treatment plant on the Kentucky River on the Owen-Franklin County line north of Frankfort. A 31-mile pipeline will bring the water to Lexington.

Kentucky American, which has already bid the project in three parts, has said it plans to begin construction early this summer. It is expected to be completed by the summer of 2010.

The PSC that considers a rehearing request will be different from the one that made the decision. Chairman Mark David Goss is resigning; his last day is Friday. Gov. Steve Beshear has not named a replacement.

Only one other commissioner, Vice Chairman John W. Clay, took part in the Kentucky American decision. Commissioner Caroline Pitt Clark abstained because her husband works for the same law firm that represents Kentucky American.

An e-mail sent to CAWS supporters earlier this week encouraged members to lobby Beshear to replace Goss "with someone who understands conservation/demand side management/common sense solutions."

Tom FitzGerald, a Louisville environmental attorney who represents CAWS, suggested that his client will file suit in Franklin Circuit Court if it doesn't get satisfaction from the PSC.

The Herald-Leader is pleased to provide this opportunity for readers to comment on stories and issues. However, we urge readers to avoid personal attacks or inappropriate remarks in their postings. Some of the comments may be reprinted in the newspaper. The views expressed here are not those of the Herald-Leader or its staff. Registered user names are posted for comments.