Appeals court ruling in OG&E case is disappointing

The Oklahoman Editorial Published: November 4, 2013
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OG&E continues to weigh its options, including a potential appeal to the U.S. Supreme Court. Meantime there's a 2018 deadline to get into compliance. Doing so will entail spending about $1.2 billion to install emission-control technology, called scrubbers, which could raise electricity rates by 15 percent.

We can't shake the opinion of dissenting Justice Paul Kelly, who in the original 2-1 ruling called the EPA's rejection of Oklahoma's plan “arbitrary and capricious.” There was no evidence, Kelly wrote, that the investment needed to comply with the federal rules “will have any effect whatsoever on air quality. It surely will, however, result in adverse changes to what Oklahoma ratepayers pay for electricity.”

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