By MIKE CORN

mcorn@dailynews.net

The Kansas Sierra Club, joined by the environmental legal group EarthJustice, has asked for a public hearing in Sunflower Electric's proposed construction of an 895 megawatt coal-fired power plant near Holcomb.

The letter making the request was delivered Monday to the Kansas Department of Health and Environment.

KDHE spokeswoman Maggie Thompson said the agency is reviewing the letter -- a five-page document that outlines some elements in a settlement agreement between Sunflower and Gov. Mark Parkinson just days after he took office.

"In short, Sunflower must submit a new permit application with analyses of the facility it now actually proposes to construct... ." the letter states.

KDHE on Friday received a revised permit application from Sunflower for the 895-megawatt unit that was agreed upon by Sunflower and Parkinson.

Previously, Sunflower had proposed the construction of two 700-megawatt units at Holcomb. That request, however, was rejected by KDHE Secretary Rod Bremby, a decision that had been supported by then-Gov. Kathleen Sebelius and Parkinson when he was lieutenant governor.

In a surprise move to most observers, Parkinson made overtures for a compromise almost immediately after being sworn in as governor. Less than a week later, the agreement was announced.

In the letter, Sierra and EarthJustice are requesting the public get the chance to comment on the power plant prior to a permit being issued.

"Building a massive, new polluting coal facility will have serious long-term consequences for Kansas, and the public's voice should be heard on such an important matter," said Stephanie Cole, spokeswoman for Sierra.

The agreement, she said, was between the "governor and Sunflower and there wasn't any input from the public."

Both Parkinson and Sunflower put the public input issue squarely in KDHE's lap.

"The governor agrees that public input is an important part of the permitting process," Parkinson's spokeswoman said in an e-mail, "and he trusts that KDHE will allow for public input when it is appropriate."

"The decision regarding additional public hearings will, of course, be made by KDHE," Sunflower spokeswoman Cindy Hertel said in a statement via e-mail this morning. "As we have done in the past, we will meet all of KDHE's requests and regulations."

"We haven't heard whether that will come to pass," she said by telephone. "It's up to them."

Exactly what the process will be for the permitting of a new power plant is uncertain, Thompson said.

"I don't have an idea of a timeline," she said.

An electronic copy of the application from Sunflower was submitted to KDHE on Friday, with Sierra's request Monday.

Sunflower's request, contained in a 17-page document, for the most part, updates its previous permit request with changes noted.

A cover letter reports the compromise represents a 36-percent reduction in emissions across the board.

In its letter, EarthJustice points to the settlement agreement and an energy bill approved by the Kansas Legislature as both suggesting that a permit will be all but automatically issued.

"Additionally, the settlement agreement purports to provide that Sunflower need not comply with the hazardous air pollutant major source requirements of the Clean Air Act," the letter states. "The legality of these directives aside, and without waiving any right or claim against them, federal and state law both mandate that the public receive notice and an opportunity to comment ... We ask you to ensure that this public process occurs fully and fairly."

In addition to the public hearing process, Sierra said it also reserves the right to request a full evidentiary hearing.

While the letter was signed by two EarthJustice attorneys representing Sierra Club, Cole declined to say if legal action might follow if the public hearing request is denied.

"No options are off the table," she said. "This is something we feel is a significant threat to public health."