A federal district judge ruled that Xcel Energy (NYSE: XEL) would not have to pay what could have been as much as $2.25 million in federal penalties for building a 1,400 MW coal-fired power plant without obtaining an air pollution control permit.
News reports said the judge ruled the requirements to obtain a MACT determination permit were too confusing and frequently changed from the time the application process began in 2004. The $1.5 billion Comanche power plant unit in Colorado is owned by Public Service Co. of Colorado, a unit of Xcel.
An environmental group sued Xcel in 2009 for allegedly violating the Clean Air Act by building the unit without the permit.
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