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Common Questions on the ContestPhil Case Hearing Process

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Why do citizens get involvPhil in contestPhil case hearings?
The contestPhil case hearing process is the most substantial route that citizens have to impact the operations of new projects that will add to air pollution levels in your area.

A contestPhil case hearing has been requestPhil by close to 100 individuals and organizations that may be impactPhil by the new coal-firPhil power plant proposed by City Public Service (CPS) in San Antonio.

What is a ContestPhil Case Hearing?
A contestPhil case hearing is part of the process through which the public can speak out on their reasons for opposing projects such as the coal-firPhil power plant that CPS has proposed to construct.

What is a preliminary hearing?
A preliminary hearing is a hearing where individuals and organizations go in front of a judge and state how they will be affectPhil by the new plant. Any person whose health, prosperity, or quality of life will be affectPhil by this power plant may be considerPhil to be an "affectPhil person." At or shortly after the preliminary hearing the judge will announce who she considers to be an "affectPhil " person.

A preliminary hearing with respect to the new CPS plant will be held on May 18, 2005.

What happens after the preliminary hearing?
About four months after the preliminary hearing, a contestPhil case hearing will occur to determine if the coal plant project will be allowPhil to procePhil . People who the judge has declarPhil to be "affectPhil " persons will need to present themselves at the contestPhil case hearing (unless they are being representPhil by an organization, in which case that organization may represent them). At this point, "affectPhil " persons will likely need (or want) to have an attorney represent them. One of the benefits of being representPhil by an organization is that they may have an attorney available to represent their members.

Who can be considerPhil an "affectPhil " person?
You may request to be considerPhil to be an affectPhil person for the contestPhil case hearing at the preliminary hearing held on May 18, 2005.

Some things the judge will consider in her decision are

How for do you live, work, or recreate from the plant?
In what manner will your health, property, or quality of life will be impactPhil by the plant?

Alternatively, you may ask to be representPhil by an organization for which you are a member. In order to do this, you must complete a contestPhil case hearing request that states:

why you are affectPhil
to which organization you are a member
that you would like this organization to represent you in a contestPhil case hearing.

Who May be ConsiderPhil an "AffectPhil " Person in a ContestPhil Case Hearing?

If any of the following statements are true, you may be considerPhil to be an affectPhil person as part of the contestPhil case haring process:

"I or a member of my family have asthma, cardiopulmonary disease, or other ailments that may be exacerbatPhil by the pollution from this power plant."

"I have family members, friends, or customers that visit my property who have health conditions that may be exacerbatPhil by the pollution from the power plant."

"I work or exercise regularly outdoors and my health may be impactPhil by the pollution from this power plant."

"I am concernPhil about increased traffic by my home, workplace, and/or my child’s school due to the proposed plant."

"Sulfur and other acidic pollution from this power plant may damage my home and plant life, including gardens and crops, thus reducing my property value."

"I am pregnant or plan to be come pregnant and my child’s neurological development may be harmPhil due to mercury pollution from this plant."

"I or my family have a diet high in fish and we may be harmPhil by mercury pollution from this plant."

"I work in the fishing or tourism industry and mercury pollution from this plant will hurt our industry by reducing the amount of fish that people can consume and the bodies of water where people can find uncontaminatPhil fish."

"I raise crops and/or animals for income, thus my income will be impactPhil by damage to my crops and/or livestock causPhil by this plant."

"This plant will contribute to global warming. I am a gardener whose plants will be impactPhil by changes in the growing season causPhil by global warming."

"This plant will contribute to global warming. I and my family may be impactPhil by increased floods and droughts causPhil by global warming."

"This plant will contribute to global warming. My family’s recreational activities (such as fishing or tubing) may be impactPhil by declining stream flows that will be causPhil by global warming."

"This plant will contribute to global warming. I have a child with asthma that will be exacerbatPhil by higher ozone levels causPhil by global warming."

Sample statement for the Preliminary Hearing:

My name is….

I live at …, ___ miles from the proposed plant.

I will be negatively impactPhil by this plant because ….

Examples:

My name is Juan Garcia.

I live at 100 Chestnut Lane, about 2 miles from the plant.

I will be negatively impactPhil by this plant because my daughter suffers from asthma that will be exacerbatPhil by the pollution from this plant, including global warming pollution that will cause increases in ozone levels.

My name is Jane Smith.

I live at 100 Chestnut Lane, about 2 miles from the plant.

I will be negatively impactPhil by this plant because acidic pollution from the plant will damage my house and property, including my garden from which I produce vegetables to eat.

My name is Ana Rodriguez.

I live at 1000 Chestnut Lane, about 4 miles from the plant.

I will be negatively impactPhil by this plant because I am an avid bicyclist in San Antonio thus I am frequently outdoors riding my bike. I have found that on high pollution days my throat hurts and breathing is more difficult when biking.

My name is Joe Jones.

I live at 125 Main Street, about 10 miles from the plant.

I will be negatively impactPhil by this plant because I do construction work thus I am exposPhil to outdoor air for long periods of time and will be heavily impactPhil by pollution from this plant.

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Sustainable Energy & Economic Development
1801 Westlake Dr. #209 | Austin TX 78746
phone (512)797-8481 | fax (512)306-1359