It is looking more and more like WV will continue to oppose EPA's Clean Power Plan (Well, Duh!). There is still no clear answer as to whether DEP will move forward with a State Implementation Plan, but such a Plan would need legislative approval, which seems highly unlikely. In the event that WV does not submit either a SIP, or a Request for a SIP extension by Sept. 6, 2016 (less than a year away), a Federal Implementation Plan (FIP) will be imposed.
Below is an excellent summary of what a FIP would look like (This was written by the Sierra Club's attorney, Elena Saxonhouse, and some of you may remember her from our work on the PATH line and the coal-to gas plant in Mingo County).. While the exact details will not be clear for a while, the general outlines are emerging. I encourage you to read this over, as we will need to be well-informed to be effective in the current political climate.
http://www.sierraclub.org/compass/2015/09/just-saying-no-won-t-stop-clean-po...
At this time, EPA has not yet published the final rule in the Federal register, and it seems likely not to do so until sometime into October, so DEP is unwilling to start planning until they have the exact wording in front of them. On the other hand, the DC Circuit Court this week threw out AG Patrick Morrisey's lawsuit against the CPP because the final rule has not yet been published.
In addition, EPA will not have final details of the FIP rule until sometime next year, but it is already clear that a FIP will leave WV with less flexibility, fewer incentives, and less of a role for energy efficiency, all of which will increase costs to ratepayers. But n the end, EPA's rule is likely to survive, and the FIP will likely be implemented under approximately the same timetable, so all the posturing by our political leaders may score political points with the coal industry, but is unlikely to change the outcome.
Jim Kotcon