AEP Wants 6th Circ. To Reconsider Scrubbers Ruling

Law360, New York (May 1, 2017, 7:12 PM EDT) -- AEP Generating Co. asked a Sixth Circuit panel on Friday to reconsider its decision requiring the power giant to install "scrubbers" at an Indiana coal-burning power plant it leases, saying the appeals court wrongly assumed the company had voluntarily agreed to install the emissions-reducing technology in the first place.

In its petition for a panel rehearing, AEP said the April 14 ruling — finding it's the duty of AEP, not the plant's owners, to install the court-ordered scrubbers at the "Rockport 2" facility — was rooted in disputed facts.

Specifically, the petition argues, the court assumed it was AEP and not...

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