New York Subpoenas Five Energy Companies on Carbon


US: September 17, 2007


NEW YORK - The state of New York has subpoenaed five energy companies as part of an investigation into whether they properly disclosed the financial risks of carbon dioxide emissions from new coal-fired power plants, The New York Times reported on Sunday.


New York Attorney General Andrew Cuomo issued the subpoenas on Friday for internal documents from power companies AES Corp, Dominion Resources, Dynegy and Xcel Energy and coal producer Peabody Energy

In letters accompanying the subpoenas, the AG's office asked whether the companies' investors had received adequate information about the possible financial liabilities of the carbon dioxide emitted from the planned power plants.

Carbon dioxide is a byproduct from the burning of fossil fuels such as coal and is the main "greenhouse gas" blamed for global warming. Several states and the US Congress are pushing for new measures to regulate carbon dioxide emissions, which could raise costs for coal-fired power plants.

Currently about 100 new coal-fired power plants are planned to be built in the United States. Coal-fired generation produces more than half the country's electricity.

The subpoenas were issued under a state securities law widely used by Cuomo's predecessor, current New York Governor Eliot Spitzer, to demand documents from Wall Street

"The concept here is using the securities laws to investigate whether the economic risks of these plants are being disclosed -- the economic risks which are dovetailing with the environmental concerns," Cuomo told the newspaper.

Cuomo's office was not immediately available to comment. Xcel Energy said in an e-mailed statement that its environmental disclosures were adequate, and that its coal-fired power plant in development in Colorado was being built under an agreement with environmental groups the Sierra Club and Environmental Defense.

AES and Dynegy declined to comment on the subpoenas, and Peabody and Dominion were not immediately available.

(Reporting by Matt Daily)


REUTERS NEWS SERVICE