Out of compliance?

Medicine Bow Fuel and Power LLC, (MBFP) a subsidy of DKRW, is holding its semi-annual meeting from 6-7:30 p.m., Jan. 5 at the Medicine Bow Community Center.

In a letter dated Dec. 15, 2015, Mary Throne, counsel for MBFP, wrote to the Industrial Siting Council (Council) requesting the meeting to be delayed. According to condition 18 of MBFB’s Industrial Siting Permit, the meetings are to be held twice a year, with quarterly updates. The permit, drafted in December 2103 required the meeting in this case to be on or before Dec. 31, 2015. The permit allows MBFP a 30-month extension.

In a letter to the Council, Throne explained that she would not be available after Dec. 11, and there were scheduling issues prior to the Dec. 11 date.

Throne said she had contacted all of the parties involved to inform them of the delay and stated no one objected.

Sue Jones, a Carbon County Commissioner, told the Saratoga Sun the Carbon County Commissioners had authorized their attorney at the Dec. 15 meeting to respond to Throne’s request stating they cannot approve any changes and that it should go through the Council. “Neither the Industrial Siting Division (Division) nor the parties can provide this approval,” Jones said.

The Council and the Division are two different entities. The Council reviews the socioeconomic and environmental impacts of industrial facilities before issuing a permit.

The Division oversees the scientists and staff of the Department of Environmental Quality and is also responsible for the business operations of the agency.

The Council is appointed by the governor with approval of the state senate.

The Saratoga Sun contacted Kimber Wichmann, Chief Economist of the Division, on Dec. 10, and she had not received any correspondence at that time. Later in the month, Wichmann received correspondence of the change in time.

“It doesn’t mean we condone this practice,” Wichmann said.

The Council has not set its first quarter meeting and it is unknown whether the Council will approve the change in time at their next meeting.

“Only the Council can amend the condition of the permit,” Wichmann said. Wichmann said she does not know what the Council will do at the meeting and whether they will consider MBFP in compliance with the condition of the permit.

Last week, a notice was sent to the Saratoga Sun to run the public notice, but because of email issues, the Saratoga Sun did not receive the notice.

The public notice is running this week on page 12.

When asked what will be discussed at the meeting, Throne responded “What the permit requires.”

On June 24, Bill Gathmann took less than nine minutes to update those in attendance at the meeting on the status of DKRW and MBFP.

Gathmann is the senior vice president of finance for DKRW.

Gathmann told the audience of 20, who questioned the feasibility of the plant with gas prices going down, that gas prices are rebounding, but not at the rate the DKRW officials had hoped.

Since that meeting gas prices have dropped even more. On June 15 price of crude oil per barrel was $59.82. On Dec. 21, the price per barrel is $34.55 for West Texas Intermediary.

At the June meeting, Gathmann said the Department of Energy was interested in the process and plans to make funding available in 2016.

Throne said at the June meeting that according to the permit, the MBFP has until March of 2016 to produce a construction schedule.

Both Gathmann and Bob Kelly, co-founder of DKRW, plan to be at the meeting.

Who is DKRW?

DKRW is an acronym for the four partners who started the company of which Medicine Bow Fuel and Power is a subsidiary.

“D” is Jon C. Doyle; “K” is Robert Kelly, who is the chair and founder; H. David Ramm is the “R” and Thomas E. White is the “W”.

DKRW has been planning to build a coal-to-gasification plant in the Carbon Basin near Elk Mountain since 2007.