CRESTVIEW HILLS — Plans for a mini-power plant or “peaking station” in suburban Kenton County have prompted a call for more oversight from local and state regulators over construction of public utilities.

        Rep. Jon Draud, a Crestview Hills Republican who lives near where Cinergy Corp. wants to build the $40 million to $50 million plant, has drafted legislation dealing with how power plants are approved and constructed.

        However, since state environmental officials have already approved a permit for the plant - which clears the way for construction — and the Kentucky General Assembly does not meet until January of next year, much of Mr. Draud's bill would have no impact on the Cinergy plant.

        For instance, Mr. Draud wants the Kentucky Public Service Commission (PSC), the state's largest utility regulator, to have a say in the approval process.

        Under existing law, power plants must be approved by the Kentucky Natural Resources and Environmental Protection Cabinet and by federal regulators, but not the PSC.

        “That doesn't make any sense to me,” Mr. Draud said. “The PSC deals with utilities in the state and they should be involved when power plants are built.”

        Also under Mr. Draud's proposed legislation, local governmental agencies, including a city or county planning and zoning commission, would have to approve power plant construction projects.

        But since the plant has already received a permit, the state or local approval process wouldn't apply to the Cinergy project.

        There are aspects of Mr. Draud's bill that would apply to Cinergy, including a provision that calls for the company to build barriers or other buffers around the plant.

        Dave Woodburn, a Cinergy spokesman, said the Cincinnati-based power company “has no problems” with reasonable restrictions on construction and additional oversight from regulators.

        But he said the company does not agree with a component of Mr. Draud's bill that stipulates power plants must be located at least 2,000 feet from residential neighborhoods, cemeteries, historic landmarks, schools, hospitals or nursing home facilities.

        Mr. Draud said he put that in the bill because of the pollutants the power plant will emit. But again, if passed by the legislature it would not affect Cinergy's proposed plant, which would include two natural-gas-fired turbine engines.

        Cinergy's plant is proposed at an existing electric substation at 3000 Erlanger-Crescent Springs Road.

        The site of the proposed peaking station is less than 700 feet from the Baptist Village assisted-living complex and within 600 feet of the site of the future Erlanger branch of the Kenton County Public Library. It also is about 800 feet from residents of Crestview Hills.

        Mr. Woodburn said the plant can operate safely even though it is relatively close to homes, public buildings and the other types of places mentioned in Mr. Draud's bill.

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