Utility group tells Congress not to delay EPA Toxics Rule

Washington, D.C., April 15, 2011 — The Clean Energy Group's Clean Air Policy Initiative expressed renewed support for the timely implementation of the Utility Toxics Rule.

This rule would, for the first time, set federal limits for hazardous air emissions for the electric sector.

Clean Energy Group Executive Director, Michael J. Bradley, testified at the U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Energy and Power.

In his testimony, Bradley emphasized that there is no reason to delay implementation of the Utility Toxics Rule. He noted that:

* The Utility Toxics Rule provides businesses the certainty the electric sector needs to move forward with capital investment decisions;

* The proposal, while not perfect, is reasonable and consistent with the requirements of the Clean Air Act;

* The electric sector is well positioned to comply with the proposed rule because the compliance technologies are available and cost effective; and

* The CAA provides sufficient time to comply as well as the authority to accommodate special circumstances where additional time is necessary.

The Clean Energy Group and other companies are in the process of evaluating specific technical issues, but we anticipate that continued engagement with EPA during the comment period will lead to a final rule that is balanced and flexible, allowing the industry to comply.

"In 2000, EPA took the first step toward regulating those emissions, and over a decade later, EPA is now under a court-ordered deadline to finalize the rule by November 2011," said Bradley. "While complying with these obligations will take planning and significant resources by the electric sector, many companies are well on their way toward compliance and, we anticipate that the electric sector can comply with the act's requirements."

The Clean Energy Group's Clean Air Policy Initiative members include leading energy companies — Austin Energy, Avista Corp., Calpine Corp., Constellation Energy, Exelon Corp., National Grid, New York Power Authority, NextEra Energy, PG&E Corp., Public Service Enterprise Group, Inc., and Seattle City Light.

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