For Immediate Release
July 16, 2008

KDHE Office of Communications, 785-296-0461

Finney County District Court Grants KDHE Motion to Dismiss
Sunflower Electric/Tri-State Energy Cases

On Tuesday, a Finney County District Court judge granted the Kansas Department of Health and Environment’s motion to dismiss two cases brought against KDHE by Sunflower Electric and Tri-State Energy, for lack of subject matter jurisdiction. Sunflower has stated publicly that it concurs with the KDHE motion and the court’s dismissal.

“It is encouraging to see that Sunflower finally agreed that this case does not belong in district court,” said Yvonne Anderson, general counsel for KDHE. “We’ve consistently held this position for the past eight months.”

In November 2007, Sunflower and Tri-State requested judicial review of the KDHE decision to deny the permit application for a 1400MW coal-fired electric generating plant located near Holcomb.

The issue of the permit denial is pending before the Kansas Office of Administrative Hearings, pursuant to the Kansas Administrative Procedures Act.

“Sunflower appealed Secretary Bremby’s denial to the Office of Administrative Hearings, which is where this dispute should be resolved,” said Anderson.