The Associated  Press: February 14, 2007, 4:11PM EST 
 
Foes sue to stop W.Va. power plant
By VICKI SMITH, AP,  MORGANTOWN,  W.Va.  
Opponents of a $1 billion, coal-fired power plant are  trying once again to 
halt the construction, filing a federal lawsuit that claims  an air quality 
permit for the project expired in 2005. 
The lawsuit was filed Tuesday in U.S. District Court on  behalf of Cass 
resident Jarrett F. Jamison III, the Fort Martin Community  Association and the 
Forks of Cheat Forest Property Owners  Association. 
It seeks an injunction against Longview Power LLC, a  subsidiary of Needham, 
Mass.-based GenPower LLC, which plans to start building  the 600-megawatt 
plant near Allegheny Energy's Fort Martin plant this  year. 
Local citizen groups have fought the project for years,  complaining it would 
create noise and air pollution, damage their views and  cause harm to their 
health and environment. 
An original permit issued by the state Department of  Environmental 
Protection expired in September 2005, but the DEP's Division of  Air Quality granted a 
one-year extension in February 2006. 
The lawsuit, however, argues that both the state and  Longview Power failed 
to ask permission from the U.S. Environmental Protection  Agency, which the 
plaintiffs contend should have held a 30-day comment  period. 
Last month, the plaintiffs asked the state to revoke the  permit, but were 
refused in a Feb. 1 letter that said Longview now has  "irrevocable financial 
commitments" and already has begun site work. That leaves  the state unable to 
act, the letter said. 
Chris Colbert, GenPower's vice president of coal power  development, 
dismissed the latest lawsuit as being "without merit." 
Longview started construction in January, he said, and it  has signed 
contracts and "large financial commitments that can't be taken  back." 
Last summer, the state Public Service Commission issued  final approval for 
construction, ruling the job creation and financial benefits  of the plant 
outweigh any negative effects. 
The PSC laid out conditions to placate the citizen  groups, including a noise 
control plan, proof of financing and a $3 million  performance bond in case 
the money runs out before construction is  completed. 
The opponents, however, dismissed that as "a sellout to  out-of-state 
developers, a tax scam, and a threat to our health and  well-being." 
Longview could become the first company to built a  coal-fired plant in West 
Virginia since the 80-megawatt Grant Town power plant  in 1993. 
All of Longview's output is targeted for the wholesale  electricity market 
outside West Virginia, while about 25 percent of the Fort  Martin plant's 
generation now heads to state consumers. 
Longview says the plant will employ 60 people and create  up to 1,600 
construction jobs, then consume more than 2 million tons of coal a  year when 
completed. 
Monongalia County, which approved a payment in lieu of  taxes plan, would get 
$105 million from the project over 30 years.