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The Kemper Coal Files Timeline

By Ian Urbina


This timeline serves two purposes. It offers a deeper way to understand the history of the Kemper project through the documents behind these events. It is part of a larger New York Times investigation that can be read here(

nytimes.com/2016/07/05/science/kemper-coal-mississippi.html). Move through the timeline as a whole or click on one of the questions below to follow a theme. We will also post new materials when they become available, as there are still thousands of pages of documents that may come to light through pending open-records requests to federal and state agencies. The timeline also features a selection of surreptitiously recorded phone conversations between engineers from this coal plant.


Scalable and commercially viable? At the heart of the debate over carbon capture is whether the technology, which has been largely proven, is commercially viable and can be affordably put into place at larger-capacity power plants.


What were the engineers saying? Supporters of the Kemper project have contended that its mounting cost overruns, delays and many design and construction challenges were the unforeseen and unforeseeable consequence of carrying out first-of-its-kind technology. Many engineers offered a different view.


Who should pay? Power plants are expensive, especially ones using new technology. And such projects raise thorny questions about who should shoulder that cost. Taxpayers? Investors? Customers in the area where the plant is built? Is it fair to charge ratepayers before the project is done? And what guarantees should there be on that investment?


What was the company’s view? Innovation is difficult. Solving some of the most vexing societal problems will require companies to take risks and receive assistance from state and federal governments. What vision did the backers of this project have and what obstacles did they face?

By Ian Urbina


This timeline serves two purposes. It offers a deeper way to understand the history of the Kemper project through the documents behind these events. It is part of a larger New York Times investigation that can be read here(

nytimes.com/2016/07/05/science/kemper-coal-mississippi.html). Move through the timeline as a whole or click on one of the questions below to follow a theme. We will also post new materials when they become available, as there are still thousands of pages of documents that may come to light through pending open-records requests to federal and state agencies. The timeline also features a selection of surreptitiously recorded phone conversations between engineers from this coal plant.


Scalable and commercially viable? At the heart of the debate over carbon capture is whether the technology, which has been largely proven, is commercially viable and can be affordably put into place at larger-capacity power plants.


What were the engineers saying? Supporters of the Kemper project have contended that its mounting cost overruns, delays and many design and construction challenges were the unforeseen and unforeseeable consequence of carrying out first-of-its-kind technology. Many engineers offered a different view.


Who should pay? Power plants are expensive, especially ones using new technology. And such projects raise thorny questions about who should shoulder that cost. Taxpayers? Investors? Customers in the area where the plant is built? Is it fair to charge ratepayers before the project is done? And what guarantees should there be on that investment?


What was the company’s view? Innovation is difficult. Solving some of the most vexing societal problems will require companies to take risks and receive assistance from state and federal governments. What vision did the backers of this project have and what obstacles did they face?

Team
Ian Urbina    

 
 
  • Content
  • Timeline
2004
 
2016
2004
 
2016
2004
June 10, 2004
Southern Argues Kemper Will Be Cleaner

In the National Environmental Policy Act Environmental Questionnaire, Southern Company explains that the alternative use of a conventional boiler would create environmental impacts slightly higher than those for the proposed project. Southern reports to the Department of Energy that the new project would have a smaller environmental impact than conventional coal combustion.

image preview
June 15, 2004
Southern Applies for Taxpayer Funding
scalable and commercially viable?, who should pay?

Southern Company applies to the Department of Energy for clean coal funding and asks for $235 million toward a $557 million pilot-project plant that would produce 285 MW of electricity. The proposed plant builds on Kellogg, Brown and Root’s design. Part of what makes this document so important is that it shows how Southern put much of the risk of its project back on the federal government. Long before the technology was proven or built, Southern told federal officials that it intended to sell the technology from the plant abroad and use revenue from those sales to repay the federal government for loans provided. “Based on this information, and from its own technology marketing experience, KBR has projected the likely sale of TRIG plants worldwide,” the document says referring to Kellogg, Brown and Root, or KBR, and the new Southern technology known as TRIG. The document adds, “License and user fees from these sales will provide the revenue for repaying the DOE’s investment in the Demonstration Project.”

 
2006
November 1, 2006
Over $100 Million in Tax Credits
who should pay?

Mississippi Power Company is allocated $133 million in tax credits for the Kemper County plant.

December 13, 2006
First Cost Estimate: $1.8 Billion
what was the company's view?

In a press release, Southern Company announces plans for a IGCC coal plant to be built in Kemper County, Miss. The company says that the project will cost about $1.8 billion and will be completed in 2013. The plant will incorporate new technologies that Southern has been researching for 15 years, and the company has high hopes for the project. Unlike other coal gasification pilots, the gasifiers Southern plans to build in Kemper County will be able to use so-called "low-rank" coal as fuel, opening up an underutilized resource that represents half of America's coal reserves. According to Southern, using these low-rank coals will increase energy independence while still emitting less carbon than a traditional coal plant.

 
December 13, 2006
Local News Lauds Kemper
who should pay?

Southern Company sends the Department of Energy an email that includes copies of news articles discussing the Kemper project in a positive light. One of the articles states that the plant will create more than 1,000 construction jobs and 300 permanent jobs. The article discusses a press conference held by Governor Haley Barbour alongside Mississippi Power Company. Mr. Barbour states that the project will be an “economic shot in the arm” for Kemper County and East Mississippi.

 
2007
January 19, 2007
Southern Requests "Rapid" Funds Transfer
who should pay?, what was the company's view?

The President of Southern Company writes a letter to a Department of Energy official expressing Southern’s desire to keep Department of Energy funding. Southern wants to receive permission “as rapidly as possible” to apply this funding intended for a project in Orlando to a project in Kemper County, Miss. Southern Company writes that it expects to have the Kemper project in commercial operation by June 2013.

 
March 23, 2007
Department of Energy: "The Squeeze is On!"

Department of Energy officials hurry to complete the final work on the environmental impact statement on Southern Company’s Orlando clean coal project. An environmental impact statement is required before Southern Company can receive federal funding for the project. Signaling Southern's influence over the Department, one government official writes: “HEADS UP. THE SQUEEZE IS ON!” According to emails, the Department of Energy seems to be rushing to publish a final decision so that Southern has the environmental statement in hand “or something indicating that it is going to be signed” before the next Southern Company Board meeting. Southern was guaranteed $235 million for the Orlando project, almost half the cost of the plant.

 
August 1, 2007
Whistleblower Brett Wingo First Hired
what were the engineers saying?, what was the company's view?

Brett Wingo, an engineer who would eventually call attention to problems with the project, was hired to work as a subcontractor for Southern Company. Mr. Wingo went from living paycheck to paycheck, working in several struggling factories, making industrial motors and fans, to doubling his salary at one of the world’s largest power companies. His duties included helping to make scheduling and design decisions on the Kemper project. In interviews, Mr. Wingo still says that he believes in carbon capture technology. He says he also believed when he started working on this project that it would make engineering history. Soon after starting, he proudly emailed his wife, Cindy, a photo of his new, second-floor cubicle.

 
November 13, 2007
State Gives Construction a Green Light

Mississippi Department of Environmental Quality issues a construction permit to Mississippi Power Company for the Kemper plant.

November 14, 2007
Florida Clean Coal Pilot Scrapped
who should pay?, what was the company's view?

Southern Company and Orlando Utilities Commission announces cancellation of their Orlando “clean coal” project. This occurs roughly two months after breaking ground on the project and after the governor of Florida said that he did not want more coal plants in the state. Southern's Orlando project was the fourth coal project to be canceled in Florida in 2007, but the first to be scrapped after breaking ground. Southern had hoped the site would demonstrate the clean coal technology it had been developing for over a decade. Instead, the site would become a conventional natural gas generation plant.

 
2008
January 15, 2008
Feds Question Site Change Timeframe

An official from the Department of Energy headquarters asks other energy officials if they are working with Southern on changing the location of its clean coal project, and how long of a delay this site change will be. As of the date of this correspondence, Department of Energy had not received information on the financial, environmental, or technical feasibility of the Kemper project.

 
January 22, 2008
Governor Barbour Asks Feds for a Meeting
who should pay?, what was the company's view?

Department of Energy officials are informed by email that Mississippi Governor Haley Barbour and Southern’s C.E.O., David Ratcliffe, have requested a meeting to discuss shifting federal support from the Orlando project to the Kemper County plant. Southern is hoping for federal support as it plans to shift the new gasification technology from Florida to Mississippi. The email says that Mr. Barbour hopes to have the meeting during his visit to Washington, D.C. on Feb. 25, 2008, when he is attending a Republican Governors Association dinner. A Department of Energy official also says in the email that she informed Mr. Barbour about the type of information that would need to be submitted with a proposal. “I think he envisions this as more of a ‘listening mode’ meeting,” the energy official says.

 
January 30, 2008
Southern to Investors: Kemper Plans Indefinite
who should pay?

In an earnings call held by Southern, an analyst from Atlantic Equities asks Paul Bowers, a senior Southern official, for an update on the company’s plans for the power plant in Kemper County. Mr. Bowers acknowledges that the company had not yet decided on its plans for the project.

 
February 6, 2008
Governor Barbour Lobbies Energy Department
who should pay?

Mississippi Governor Haley Barbour, through BRG Holdings, the lobbying firm that he founded before becoming governor, notifies Department of Energy officials that he wants to talk to them about shifting federal support for Southern’s Orlando project to the Kemper County plant. The lobbying firm writes that the Kemper project is “a key piece of America’s and indeed the World’s energy future.”

 
February 11, 2008
Southern Touts Kemper as Superior to Orlando
scalable and commercially viable?, what was the company's view?

In a letter to the Department of Energy, Tom Fanning, who at the time was Southern’s chief operating officer but later became the company’s C.E.O., pushes for the transfer of federal funds, previously allocated for a Southern coal plant in Florida, to the Kemper project in Mississippi. If the funds transfer is approved, federal goals for the canceled Orlando project “will be exceeded” in Mississippi, at no added cost to the federal government, Mr. Fanning says. Shifting federal funds to Kemper will also promote the use of underutilized coal reserves, “which run from Texas to Alabama,” he adds. He also touts the Kemper project’s “economic impact on a depressed region of Mississippi.” Part of what makes the project so innovative is that its architects saw opportunities where others saw none. For example, the plant will run on an undesirable type of coal – lignite – that most utilities avoid because it is “wet” and difficult to burn, but is an abundant Kemper County resource. Kemper County has enough lignite to power the plant for 50 years or more, the company says. Southern argues that this cheap and abundant local lignite coal makes the proposed Kemper plant distinct in its commercially viability. At the same time, the Obama administration is selling the Kemper project as a plant than can be replicated, a perception Southern tried to correct.

 
February 13, 2008
Great Expectations—Dependent on Federal Funds
scalable and commercially viable?, who should pay?, what was the company's view?

In a written proposal, Southern Company asks the Department of Energy to transfer federal funds to the Kemper project in Mississippi that the agency had previously allocated to Southern to build a smaller clean coal project in Orlando. In a letter accompanying the proposal, Mississippi Governor Haley Barbour says that he “enthusiastically” supports the project. He adds that the project is “a much needed economic catalyst for this region’s development and prosperity.” Southern’s proposal cites the project’s expected “economic impact to a depressed region of Mississippi.” On page two, the proposal argues that the Kemper site “is ideal for demonstrating Carbon Capture and Sequestration,” because of the pre-existing right of eminent domain for pipelines in Mississippi, and because of the site’s proximity to a potential buyer for captured carbon. Southern asks the Energy Department to expedite environmental impact review of the Kemper project, in order to speed the approval of federal loan guarantees and thereby minimize Southern’s financial exposure during the plant development phase, stating, “Project viability hinges on these funds." Southern also asks the department to waive the loan repayment obligation contained in the 2006 federal funding agreement for the Orlando project. The company says that without such a waiver, the Kemper plant is unlikely to be competitive. The waiver is necessary because of a change in federal tax policy, made after the funds had been initially approved. Southern says that Kemper will be in service by June 1, 2013. Skeptics of Kemper – and of clean coal, generally – question whether the plant can be commercially competitive without significant support from subsidies or tax breaks.

 
February 26, 2008
Feds, Governor, Southern Meet About Funds Transfer
who should pay?

A group of officials meet to discuss Department of Energy approval for moving Southern’s clean coal project from Orlando to Mississippi, so that Southern can keep the $270 million previously awarded by the Department of Energy for a coal project in Orlando.

Attending the meeting are: Energy Secretary Samuel Bodman, Mississippi Governor Haley Barbour, Southern Company C.E.O. David Ratcliffe, Mississippi Power President Anthony Topazi, and Eric Burgeson—Mr. Bodman’s former chief of staff, who now works for BGR Group, a lobbying firm founded by Mr. Barbour. A memo prepared for Mr. Bodman by his staff, in preparation for this meeting, explains that Southern is requesting an expedited environmental review process. Additionally, the company seeks the Department of Energy’s waiver of Southern’s obligation to repay the $270 million in federal funds for the new Mississippi project. The memo explains that the move to Mississippi is the last chance to support Southern’s special technology and that if the environmental review process does not begin quickly, Southern will lose its Department of Energy funding. The memo says that a waiver of repayment is necessary for Southern to avoid paying taxes on the $270 million award. A recent policy change had made the federal funds taxable, but only if they had to be repaid. The memo to the Secretary adds that, in the meantime, an office within the Department of Energy has submitted a proposal to the Internal Revenue Service, asking it to reverse its new policy and not tax the $270 million award to Southern company.

 
March 13, 2008
Mississippi Power Offers Marketing Help to Feds
scalable and commercially viable?, what was the company's view?

Mississippi Power C.E.O. Anthony Topazi writes to the Department of Energy to confirm his commitment to work with the federal government on the Kemper project. To help sell and promote the gasification technology, Mr. Topazi promises to allow government representatives and third parties to tour the Kemper facility. From the Kemper plant’s inception, Southern Company, Mississippi Power’s parent company, hoped to win returns on some of the project’s costs by selling the clean coal technology abroad. For the Bush administration, a successful Kemper project would pay out in political capital and positive publicity, demonstrating that federal investment in new technology can help transition coal to a cleaner future, while countering climate change.

 
March 13, 2008
Mississippi Power President Writes Energy Secretary
scalable and commercially viable?, what was the company's view?

The President of Mississippi Power writes to the Secretary of Energy, thanking him for their meeting on February 26, 2008. The letter provides information demonstrating that the Kemper project can be the best option for Mississippi ratepayers. Miss. Power claims that if Department of Energy gives its support, the company can receive state approval and build the Kemper plant with clean coal technology by 2013.

 
April 22, 2008
Feds Say Kemper Riskier Than Florida
scalable and commercially viable?, who should pay?

Department of Energy officials share a memo from Carl Bauer, the director of the National Energy Technology Laboratory. The memo explains the terms for shifting to the Kemper County plant several hundred million dollars in federal subsidies that had been designated for the Orlando project. The memo emphasizes that the federal government is only putting a fixed amount of funds into the project and it will not pay any more money than they would have for the Orlando project. The memo also points out that the Kemper project will be a more ambitious engineering project and potentially more expensive than the Orlando project, which had been canceled. “With the termination of the demonstration project at the Orlando site, the Mississippi site will now confront the first-of-a-kind risks that the Orlando project was going to bear and help resolve,” the memo says. The memo notes that the Kemper project has already started creeping up in price and the federal money is not yet allotted. “The cost estimate for Kemper is $142 million higher than at the time the earlier applications were submitted,” the memo says. This memo offers a glimpse at early concerns about the scalability of the project, specifically its technical feasibility and cost.

 
April 30, 2008
Wildlife Service Notes Protected Species Around Kemper

The North American Coal Corporation sends a letter to the Mississippi Department of Environmental Quality detailing a meeting with federal and state officials. A federal Fish and Wildlife Service employee points to several protected animals in the area surrounding the Kemper plant, including species of crayfish and a pair of bald eagles that have nested nearby.

 
May 9, 2008
Mississippi Lawmakers Shift Upfront Costs to Consumers
who should pay?, what was the company's view?

The Baseload Act becomes law in Mississippi, after the governor approves the bill. The law allows utilities to charge ratepayers for the cost of building a power plant before the plant is complete and without a guarantee that the plant will provide ratepayer savings in the long run. This seems to draw on at least some aspects of model legislation drafted by the American Legislative Exchange Council, the conservative policy advocacy group also known as ALEC. Critics of the new law say that it unfairly turns ratepayers into de facto insurers of risky projects. Backers of the law say that it is necessary to spread the cost out over time to avoid the “sticker shock” that consumers can otherwise experience when electricity prices suddenly jump after a new plant comes online. Utilities, like Mississippi Power, see the law as essential to spread out the risk of bringing innovative technologies, like those at the Kemper site, into their energy portfolios.

 
May 22, 2008
Southern Wins Federal Concessions
scalable and commercially viable?, who should pay?, what was the company's view?

Energy Secretary Samuel Bodman approves Southern Company’s request to waive repayment of the $270 million Department of Energy award, as part of moving and expanding Southern’s “clean coal” project to Kemper, Miss. This waiver will only be needed if the Internal Revenue Service declines to give Southern a tax break on the federal loans. The waiver comes with terms, including that the Kemper project must capture 25 percent of its carbon emissions each year. The plant will also have to “actively work toward” the goal of capturing 50 percent of carbon by 2020, according to the waiver.


A memo says that the waiver of repayment is necessary because Department of Energy “attempts to convince the IRS” not to tax the $270 million award have been unsuccessful. In addition, if a waiver of repayment is not granted, and Southern’s federal funds remain taxable, it will jeopardize approval of the project by the Mississippi Public Service Commission (PSC), which is required for the Kemper project to go forward. The memo also explains that moving the project from Florida to Mississippi was necessary because regulatory changes required carbon capture and storage, a technique designed to prevent carbon from entering the atmosphere, and carbon capture and storage “is not technically or economically feasible at Orlando.”


The approval represents a major victory for Southern in its ongoing attempts to weather changes in state and federal regulation, on both environmental and financial fronts. This memo also offers a subtle lesson on the economics of carbon capture plants – Southern on the one hand decided that a carbon capture plant was not economical in Florida but, on the other hand, it determined that a much larger and more complicated carbon capture plant was indeed viable in Mississippi.

 
October 1, 2008
Feds, Southern Launch $200 Million Research Center
scalable and commercially viable?

The Department of Energy and Southern Company establish the National Carbon Capture Center. The facility is located at the Power Systems Development Facility in Wilsonville, Ala., where Southern has been developing new coal technologies, with federal funding, since 1996. The Center will receive $200 million in federal funds over five years, representing 80 percent of the total project cost.

 
October 6, 2008
State Biologist Cautions Southern About Kemper Fauna

The Mississippi Natural Heritage Program sends a letter to Southern’s environmental consulting company citing the number of animal species and communities that live within two miles of the Kemper project site.

 
October 22, 2008
State Air Permit Granted

Mississippi Department of Environmental Quality issues an air permit for the Kemper plant.

 
October 22, 2008
Wildlife Group Questions Feds About Enviro Impacts
who should pay?

The Mississippi Wildlife Federation sends the Department of Energy a list of 37 questions about the environmental impact of the Kemper plant. The group asks about the efficiency of carbon dioxide sequestration, the metal toxicities of the proposed lignite coal fuel, and where the plant’s ash byproduct will be sold. They also question how much of the project cost will be paid by federal and state taxpayers and ask, “Why have these plants been declined in other states?”

 
December 5, 2008
Southern Granted Loan Concessions
scalable and commercially viable?

A Department of Energy memo amends Southern Company’s federal funding agreement, finalizing the transfer of funds from Florida to Mississippi. The amendment notes that Southern has been granted a repayment waiver, to avoid an unexpected $121 million tax burden that “could jeopardize the Kemper project’s ability to incorporate carbon capture and sequestration technology and receive a certificate of public convenience from the PSC.”

 
2009
January 1, 2009
Miss. Power's Natural Gas Projections Questioned
scalable and commercially viable?

Once built, the Kemper plant would gasify lignite coal into various molecules including “syngas,” or synthesis gas, which would then be burned in the conventional natural gas-style power plant. But manufacturing synthetic natural gas from coal makes economic sense only if the ordinary natural gas that it displaces is more expensive. In arguing to regulators that the Kemper plant is the best option for ratepayers and commercially preferable to alternatives like building a natural gas plant, Mississippi Power submits a document with natural gas price projections. The document says that natural gas prices will be above $11 per unit by 2016. Because of the revolution caused by fracking technology and the resultant glut of natural gas, many energy economists were, at the time, projecting far lower prices. However, Southern and Mississippi Power had reason to present a different picture, since they needed to argue that Kemper was a competitive and commercially viable option. Charles Grayson, a board member with the Bigger Pie Forum, a free-market think tank based in Mississippi, cites this document as one of the most important sleights of hand that the utility engaged in during its marketing of the Kemper plan. The utility's use of these projections became even more egregious, Mr. Grayson says, as it, and its regulators at the PSC, continued using these numbers as late at 2012, when there was overwhelming evidence, including from federal energy officials, that the price projections were inflated.

 
January 16, 2009
PSC Application Launched
who should pay?

Mississippi Power Company applies to the PSC for permission to build the Kemper plant.

 
January 30, 2009
Project Planners Lower Carbon Capture Goal?
what were the engineers saying?

In a quarterly progress report to Southern Company Services, Project Manager Tim Pinkston says, “A decision was made to design for approximately 50 percent carbon capture,” at the Kemper County site. At other points in the discussion of this project, its carbon capture potential is projected at 65 percent.

 
February 5, 2009
Brochure Details Benefits of Kemper
who should pay?, what was the company's view?

In a Mississippi Power brochure, company officials celebrate Kemper’s planned coal gasification technology, saying it will provide affordable electricity from clean energy. “The question is, are you ready to be part of the future of generating electricity today?” the brochure reads, in bold letters. Mississippi Power President and C.E.O. Anthony Topazi’s face is featured on the second page. “The energy benefits of this project significantly outweigh the upfront capital investments,” says a letter from Mr. Topazi. The brochure says that Mississippi Power’s $2.2 billion capital investment “will greatly expand the local tax revenue,” and that “revenue from the project will enhance local schools, lower property taxes, and help first responders.” Further, the brochure promises that Kemper County “will improve roads and bridges with tax revenue and other sources derived from the project.” Later in the document, the company highlights a $270 million grant from the Department of Energy, and its receipt of $133 million in investment tax credits from the Internal Revenue Service, provided under the National Energy Policy Act of 2005. The brochure also states that the technology that Southern Company has developed is “critical to our nation’s energy future.”

 
April 1, 2009
Southern Research Report Touts Kemper Commercialization
scalable and commercially viable?

Southern Company provides the Department of Energy with a final report on eight years of clean coal research, conducted at the Power Systems Development Facility, a federally funded testing site in Alabama. The report announces the development of a reliable method to “scale-up to commercial applications” of clean coal technology. In this report, Southern cites the commercial-scale use of this new technology at the company’s Kemper project in Mississippi. This sort of real-world application of new energy technologies would demonstrate the continuing value of government (and industry) investment in cutting-edge research.

 
April 14, 2009
State Attorney General Intervenes, Cites Risks
who should pay?

Mississippi Attorney General James Hood files a motion with the PSC arguing that it only has authority over electric utilities, not over plants like the one at Kemper, which is unlike standard utilities because it will incorporate first-of-its-kind technology. Mr. Hood also later questioned whether the PSC was fulfilling its duty to act in the public interest.

 
May 5, 2009
Enviros Protest Community Impacts of Clean Coal
who should pay?, what was the company's view?

A Department of Energy official presents a paper, co-authored with Southern Company, at a Department of Energy Carbon Capture and Storage Conference in Pittsburgh. The paper highlights a need for cost-effective clean coal technology as “a vital part of any strategy to reduce CO2 emissions.” Protesting in front of the conference, environmental groups argued that the Department of Energy was ignoring environmental justice impacts of its support of the coal industry.

 
May 26, 2009
High Hopes Even as Problems Emerge
scalable and commercially viable?, what was the company's view?

Officials from Southern Company and the Department of Energy email back and forth about plans for the project. In their exchanges, they reference a news article about Southern’s plans to sell clean coal technology to China. The discussion about this sale seems especially noteworthy since the technology had not yet been refined. In fact, in the same exchanges, several officials voice frustration about the project’s lack of reliable budget information and other concerns about design problems at the testing plant – the emails refer to a “recently discovered issue with corrosive material deposition.” Morgan Moser, project manager for the Department of Energy, also prods Southern’s Doug Maxwell in a September email, saying he hasn’t “seen anything on the economic study.” These emails are important because they show the confidence that Southern officials had in being able to sell the technology overseas, even before the technology was fully developed. From the project's outset, Southern had planned to export its new technology, in part to help offset the costs of bringing a first-of-its-kind facility online.

 
June 9, 2009
Southern Drops FutureGen
scalable and commercially viable?, what was the company's view?

The President of Southern Company writes to the Secretary of Energy, Steven Chu, to announce that Southern is withdrawing from a controversial Department of Energy clean coal project, FutureGen. Southern writes that it is withdrawing so that it may focus on its other clean coal projects, including the Kemper plant, a project in Alabama, and a clean coal testing facility sponsored by the Department of Energy. According to Southern, these three projects “represent substantial financial commitments for the company.” Southern also claims they are “now ready for commercial deployment” of the clean coal technology planned for the Kemper plant and that this technology is being discussed for licensing in China and Australia.

 
July 2, 2009
State Cuts Utility Auditing Staff
who should pay?

Mississippi Attorney General Jim Hood blames energy company influence for the newly passed $6 billion state budget that failed to allocate funds for the PSC. State legislators had said they would not fund the PSC until it agreed to take 11 new auditing positions “off the table.” A little more than a week later funding is restored with an extra $280,000, but not the additional staff.

 
September 30, 2009
Feds Tout Kemper Before Numbers Come In
who should pay?, what was the company's view?

A federal Department of Energy official, James Markowsky, writes a letter to the PSC supporting the Kemper plant. He says that the project will create clean, cheap, reliable energy, and jobs. The Department of Energy was so eager to support the project that it sent this letter even before the draft Environmental Impact Statement was issued, which the Sierra Club later contended was in violation of federal law.

 
October 5, 2009
Enviros Argue Kemper Unnecessary

The PSC holds the first day of hearings to determine if Mississippi needs additional power sources. The hearings run several days. Mississippi Power Company contends that state energy needs will not be met without the proposed Kemper plant, which will produce less than 600 megawatts of power. The Sierra Club argues that there is already sufficient capacity, including 12 natural gas plants that are only used 15 percent of the time. These plants, the Sierra Club says, have the potential to provide 7,995 megawatts.

November 1, 2009
Draft Environmental Impact Statement Published

The federal Department of Energy releases a draft Environmental Impact Statement for the Kemper Power Plant project. A complete and final environmental impact statement is required before Kemper can move forward.

 
November 9, 2009
Independent Evaluator Warns: Cost Cap Needed
scalable and commercially viable?, who should pay?, what were the engineers saying?, what was the company's view?

Craig Roach, the independent evaluator hired by the PSC, submits testimony, raising questions about the credibility of information provided in support of the Kemper project. Mr. Roach voices skepticism whether there is even a need for a new plant but he says that, if the Kemper plant is to proceed, the PSC should impose a cost cap and other measures to protect consumers from the risk of the plant underperforming and running over budget. Despite Mr. Roach’s cautions, the PSC votes unanimously that there is a need for new generating capacity. In interviews with the Times, Mississippi Power and Southern officials emphasize that over the next months and years, the PSC determined that the Kemper plant was the best option to provide new power for the state on three separate occasions: April 29, 2010, May 26, 2010, and April 24, 2012.

 
December 1, 2009
Public Hearing on Kemper’s Environmental Impacts

The Department of Energy holds a hearing on the draft Environmental Impact Statement for Kemper.

December 7, 2009
Independent Evaluator Questions Cost of Kemper
what were the engineers saying?, who should pay?

Craig Roach, the independent evaluator hired by the state, submits testimony noting uncertainties and assumptions in Southern’s Kemper proposal. He questions whether the up-front cost of the Kemper plant is worth the gamble for Mississippi ratepayers, as compared to relying on a natural gas plant instead.

 
December 9, 2009
Sierra Club Predicts Costs Overruns
who should pay?

David Schlissel, a consultant who specializes in energy economics and represents consumers in utility cases, testifies on behalf of the Sierra Club. He says that the Kemper plant will likely go over budget, by as much as 40 percent of its then $2.4 billion cost projection.

 
December 21, 2009
Sierra Club Disputes Kemper Impact Statement
who should pay?

The Mississippi Chapter of the Sierra Club writes a letter to Richard Hargis, a Department of Energy official in charge of the Environmental Impact Statement on Kemper. The letter outlines violations, omissions, and deficiencies in the Impact Statement, and predicts that the costs of the project might be significantly over budget. The letter also says that other alternatives, like natural gas or biomass, could better meet energy needs and further reduce emissions, at a lower cost.

 
2010
January 27, 2010
Independent Evaluator Cautions PSC on Kemper Cost
what were the engineers saying?

Craig Roach, the independent evaluator hired by the state, compares cost projections ten, twenty, and forty years in the future for energy produced by Kemper versus a natural gas plant. Based on certain constraints and assumptions, Kemper comes out on top in a 20-year projection only if natural gas price estimates are high. If Kemper’s capital costs run 20 percent over budget it will be the least competitive project in most scenarios, he says. In testimony, Mr. Roach says that cost increases of 10-20 percent were “fairly probable.”

 
January 29, 2010
Energy Dept. Touts Kemper to State Regulators
who should pay?

Department of Energy official James Markowsky writes the PSC a second letter in support of the Kemper project. This letter is sent to the PSC a week before it holds hearings on Kemper. The letter describes the plant as one of “the nation’s most promising opportunities to successfully demonstrate the use of clean coal technology.”

 
February 5, 2010
Mississippi Power Says Kemper Overrun Risk "Insignificant"
who should pay?, what was the company's view?

The PSC holds an additional hearing related to the Kemper project. Kimberly Flowers, vice president of Mississippi Power Company, testifies that the possibility of cost overruns on Kemper is “unlikely and comparatively insignificant.”

 
March 12, 2010
Nat-Gas Company Highlights Kemper Scale-Up Challenge
scalable and commercially viable?

Entegra Power, a company that owns and operates natural gas plants, files a brief with the PSC that highlights the daunting challenges that Southern will face, in terms of cost and operation, in the way it envisions scaling up from the Alabama pilot version of the plant to the commercial version that it aims to build in Kemper County, Miss. Entegra warns that neither Southern nor its subsidiary, Mississippi Power, have “built or operated a commercial scale gasification plant using TRIG technology to manufacture synthesis gas.”

 
March 12, 2010
Mississippi Power Competitor Urges PSC to Deny Kemper Certification

Following a Mississippi Public Service Commission hearing on whether Mississippi Power should receive a “certificate of public convenience and necessity” to build and operate the Kemper plant and related facilities, Entegra Power and Calpine Corporation submit a brief to the Public Service Commission urging them deny the certification. Entegra and Calpine are independent power producers, and Entegra is a competitor to Kemper.


The brief states that the Mississippi Public Service Commission cannot allow Kemper to go forward because the commission, “is not in a position to confirm and approve estimated construction costs of the Kemper project given the vast uncertainties and unknowns as to the cost of this first of its kind project”. To support this, the brief states that cost estimates, 2.695 billion at the time, do not include the costs of owning the lignite mine that will feed the plant, post-construction improvements, the $354 million in ratepayer financing to be recovered, or costs of the CO2 pipeline to transport carbon captured from the plant. According to statements in the brief, even cost and projections that have been accounted for by Mississippi Power are dubious. The brief says that this is because only 10% of the costs of the plant are known and because Mississippi Power “is not willing to guarantee the cost of Kemper” or that the clean coal technology will work.


The brief also calls into question Mississippi Power’s calculations regarding the timeframe for ratepayers to see breakeven savings from building Kemper. The independent monitor for the plant estimates that, depending on natural gas prices, it will take 17-36 years for ratepayers to break even. As discussed on pages 32 and 33 of the brief, if Kemper faces just a 20% cost overrun from the projected costs provided to the PSC in 2010, ratepayers will not save money through the building of the Kemper plant.


Entegra and Calpine point out that the long-term risk for Kemper is borne by ratepayers: “If the ratepayers are locked-in to a 40 year Kemper decision, MPC will receive a steady stream of income year-after-year as its return on the Kemper capital investment, while the risk of MPC guessing wrong about natural gas prices falls entirely to the ratepayers.” The PSC later granted Mississippi Power the certificate, a decision that was challenged by Entegra and the Sierra Club.

 
April 15, 2010
Advocates Appeal to Department of Energy
who should pay?

Two environmental advocates from Mississippi submit a financial, technical, and environmental analysis of the proposed Kemper plant to the Department of Energy. They ask the Department of Energy to refuse to grant Mississippi Power a loan guarantee for the Kemper project. The writers call the project a “boondoggle” and accuse Mississippi Power of skewing natural gas cost projections in statements to the Mississippi Public Service Commission, whose approval is required for the project.

 
April 29, 2010
PSC Sets Kemper Cost Cap: $2.4 Billion
scalable and commercially viable?, what was the company's view?

The PSC approves the Kemper plant but imposes certain restrictions, including a cost cap, limiting the construction costs Mississippi Power can charge to ratepayers to $2.4 billion. The utility responds by saying it will not build the plant because the cost cap is too low, and the PSC later agrees to raise the cost cap. This is one of the moments when the company felt that it made very clear to regulators that, unless it received better ability to recoup its costs on the project, it could not initiate this project. The company argues that even though regulators say they understood and were willing to provide better terms, regulators did not live up to that commitment.

 
April 29, 2010
Three Concerns: Understating O&M, Overstating Reliability, Narrow Temperature
scalable and commercially viable?

Brandon Presley, a regulator with the PSC, argues against the decision to approve Kemper. He emphasizes the technological risks and says that the technology at the scale proposed for Kemper will not work. Other critics of the plant voice similar concerns, saying that coal gasification requires a narrow temperature window that makes the technology difficult to successfully implement. If plant operators burn too hot or too cool, there will be slag or other complications and the plant will have to be taken off line. On page four of his dissent, Mr. Presley says that 90 percent of the cost of the project is unknown and subject to escalation. This statement echoes a common critique that the company underestimated operations and maintenance needed to build the plant. Mr. Presley says that Southern Company has a good record with “cookie cutter projects,” but because the technology and costs of Kemper are not familiar, the reliability of the utility should not be overstated. The PSC approval of the project at this stage "is the equivalent of buying a car and having no idea whether or not the engine will run, but buying it anyway," he says. Mr. Presley says that the PSC and the public should not have to rely on Southern for all cost estimates involved. "There is no benchmark, no independent experience or expertise anywhere, outside of the Company's confidence; therefore there is no way to judge whether the $2.4 billion figure project cost cap is correct."

 
May 10, 2010
Miss. Power Objects to Cost-Cap
who should pay?

Mississippi Power files a motion with the PSC, objecting to the $2.4 billion cost cap on recoverable construction costs for the Kemper project. Mississippi Power insists that it cannot proceed with the project unless the cap is lifted because “the Commission's proposed cap is too low to obtain financing and imposes too much risk on MPC.”

 
May 19, 2010
Energy Secretary Urges PSC to Support Kemper
scalable and commercially viable?, who should pay?

The Department of Energy secretary, Steven Chu, writes a letter to PSC Commissioner Brandon Presley stressing the importance of the Kemper project. Identical letters were sent to Commissioners Leonard Bentz and Lynn Posey, and Governor Haley Barbour. “Without the Kemper County Project, DOE may not have the opportunity to demonstrate this technology and make it available for the cost-effective use of low rank coals for power generation,” Mr. Chu writes. This intervention by federal energy officials shows competing priorities. While Mr. Presley was more concerned about the affordability of the project and the burden it might put on local ratepayers, federal energy officials were more focussed on the national significance — political, environmental and economic — of the Kemper project moving forward.

 
May 21, 2010
Controversial Environmental Filing Issued

The federal Department of Energy releases a final Environmental Impact Statement for the Kemper project. The Sierra Club later files a legal challenge.

 
May 24, 2010
Governor Barbour Pushes PSC to Support Kemper
who should pay?, what was the company's view?

Governor Haley Barbour sends a letter to the PSC, warning of an “awful, outrageous outcome” if the state lost out on $680 million in federal grants and tax breaks available “exclusively for the specific technology” that Kemper would deploy.

 
May 26, 2010
PSC Raises Cost Cap by 20 Percent
scalable and commercially viable?

Overturning its prior decision, the PSC votes to raise the amount that the Kemper project can cost ratepayers. The cost cap increases by 20 percent to $2.88 billion, from $2.4 billion. Certain other costs, however, were exempted from the cost cap that would total $1.2 billion by March 2016. Mississippi Power and Southern point to this as the moment when the PSC provided for 100 percent recovery of project costs (under something called CWIP or “Construction Work In Progress”) for work done in 2012, 2013 and 2014. This claim becomes important later, when the utility is not allowed to charge ratepayers for work done during this period. In describing the slow-motion way that the price tag on this project crept up, Charles Grayson, from the Bigger Pie Forum, a free-market think tank, compared it to the adage about how to cook a live frog: "You slowly raise the water temperature and it doesn’t notice," he said.

 
June 17, 2010
Sierra Club Sues Over Unjustified Rate Hikes
who should pay?

The Sierra Club files a lawsuit against the PSC for easing restrictions on rate increases for Mississippi Power Company customers. The lawsuit claims that the utility has submitted no additional evidence to support the changes to the order.

 
July 28, 2010
Southern "Confident" of Keeping Costs Below $2.4 Billion
scalable and commercially viable?, who should pay?, what was the company's view?

In an earnings call with analysts, Southern Company announces that the Kemper plant had been approved by the PSC. Southern officials estimate that the plant will cost $2.4 billion and that it will be in service by May 2014. They also state that Mississippi ratepayers will start to pay for the plant before it is completed. “So we're real confident that we can make the contracted or the target price, the $2.4 billion, but we have the $2.88 billion cap that's available to it,” says Paul Bowers, Southern’s chief financial officer. Southern's C.E.O., David Ratcliffe, adds, “We believe this plan is clearly the best choice for our customers.” Mr. Ratcliffe also quotes Secretary of Energy Steven Chu, who had called Kemper a project of “national importance” that provides a “viable option for using our abundant coal resources.”

 
August 12, 2010
Approved: $270 Million in Federal Funds
scalable and commercially viable?, who should pay?, what was the company's view?

The Department of Energy issues a 50-page Record of Decision, authorizing $270 million in federal funds for the Kemper project. The decision is based on the objectives of the Clean Coal Power Initiative, and on the findings of an Environmental Impact Statement regarding the Kemper site. On page six, the document says that the Kemper project “provides a significant opportunity to demonstrate a technology that can use the nation’s abundant coal resources in a cost-effective and clean manner while reducing GHG emissions.” It goes on to say that the federal agency “has reviewed and participated in the technology’s development and believes it is ready for commercial demonstration. Without this project, DOE would not have the opportunity to demonstrate this technology and make it available for the cost-effective and clean use of low rank coals.”

 
September 9, 2010
Kemper Will Only Break Even if Cheap Gas Gets Pricey
who should pay?, scalable and commercially viable?, what was the company's view?

Mississippi Power Company provides the “break-even price of natural gas for the Kemper IGCC project” in response to a public records request submitted to the Public Service Commission by a Mississippi Business Journal writer. The break-even price is a key factor in determining if Kemper would save Mississippi ratepayers money over a natural gas-fired power alternative. As explained in the request, in order for the Kemper project to be a less costly alternative to natural gas, “the price of natural gas must reach a certain price range.” Mississippi Power’s break-even natural gas price for Kemper is “in the $11-$12 per mmBtu range as of 2014, then escalates to the $14-$16 per mmBtu range in 2030, and then continues to escalate to above the $22 per mmBtu range in 2052.” Natural gas would have to hover at these prices or higher in order for the Kemper project to provide any savings to ratepayers. If Mississippi Power’s high natural gas cost projections are correct, ratepayers will start to see savings in 2027. On the other hand, if natural gas prices follow lower price projections, "then ratepayers will never see any savings from Kemper on a cumulative net present value basis.” During this period, the fracking revolution began sharply increasing natural gas production, setting off a long and steady decline in natural gas prices.

 
December 16, 2010
Groundbreaking Ceremony at Kemper Site

Men in black suits and polished shoes gather in a muddy clearing in eastern Mississippi for the plant’s groundbreaking ceremony. Governor Haley Barbour helps shovel some of the ceremonial dirt at the site. “Prayers of thanksgiving are very appropriate here,” Mr. Barbour says. “Workers welcome,” reads the sign posted on the front lawn of the Liberty Baptist Church, across the street from the site. The Sierra Club disrupts the ceremony with an airplane banner stating: “Dirty Expensive Unnecessary.” Kemper construction begins, without an official certification from the PSC.

 
2011
March 1, 2011
VIDEO: Kemper Community Impact
who should pay?, what was the company's view?

Mississippi Power releases a video illustrating the community’s hope for a positive economic impact from the Kemper project. One county official expects the plant to “bring about opportunities this town has not had for quite some time,” and to increase the county’s tax revenue, which will go to education, roads, and other services. Project contractors are patronizing local businesses in Kemper County, and those businesses are appreciative of the project, according to one local representative. Kemper’s construction site general manager says that 100 people in Mississippi have been employed by the project, with over thirty from the Kemper County area.

 
July 1, 2011
TV Ads Decry Kemper Costs
who should pay?

Mississippi oilman Thomas Blanton, an antagonist of the Public Service Commission and critic of the Kemper project, begins running controversial television ads showing an older woman eating dog food. The ads, which are in response to plans by Mississippi Power to pay for the Kemper plant with rate hikes, aim to highlight the sacrifices that poor people must make if they cannot afford to pay for their electricity.

 
October 21, 2011
Sierra Club Sues Over Air Permits

The Mississippi chapter of the Sierra Club challenges the Mississippi Department of Environmental Quality Permit Board’s decision to uphold an air permit for the proposed Kemper project.

November 18, 2011
Federal Court Tosses Sierra Club Lawsuit
what was the company's view?

A federal court denies the Sierra Club’s lawsuit against the Department of Energy. The Sierra Club had argued that the Department of Energy should not fund a project that endangers the health of citizens.

2012
January 25, 2012
Southern Assures Analysts About Balance Sheets
scalable and commercially viable?, what was the company's view?

In an earnings call, Southern officials tell analysts that there are 1,000 workers onsite at the new Kemper facility, and predict that employment at the plant will peak at 2,000. They say that the company’s three-year forecast includes $1.5 billion for the Kemper project. Art Beattie, a Southern executive, notes that the U.S. Department of Energy loan guarantees for Kemper and another project could cover $4.3 billion in spending, or 40 percent of the company’s expected $10.4 billion long-term debt obligations. Investment analysts on the call question how the low price of natural gas and anticipated federal carbon rules will affect the future of Southern’s coal-fired assets. “We have Kemper County in Mississippi, which is going to have an environmental signature better than or equivalent to natural gas,” says Tom Fanning, Southern’s C.E.O. Near the end of the call, an analyst asks whether Southern should be considered “cash flow negative.” Mr. Fanning pushes back, assuring the analysts that Southern will be able to pass along some of the costs to ratepayers before the Kemper plant is completed. “We kind of look cash flow negative,” Mr. Fanning says, “but that’s because we’re growing.”

 
March 15, 2012
State Supreme Court Rejects Higher Cost Cap
who should pay?

The Mississippi Supreme Court reverses the PSC decision to allow Mississippi Power to go forward with the Kemper plant. The decision means the Kemper plan will be returned to the PSC for further review. Critics of Kemper would argue that the high court’s reversal makes this an example of how the regulators at the PSC exerted insufficient oversight. From another perspective, this back and forth is exactly the kind of regulatory uncertainty and delay that Southern Company feared might slow construction and raise overall costs.

March 30, 2012
PSC Issues Emergency Authorization
scalable and commercially viable?

The PSC holds a closed-door meeting, lasting less than a minute, and issues emergency authorization to allow construction at the Kemper site to go forward. This action comes two weeks after the Mississippi Supreme Court’s attempt to block the PSC’s plan to raise the Kemper cost cap. This is one of several incidents when the justices of the Mississippi Supreme Court pressured state regulators to exert tighter control over the escalating costs of the Kemper project. More often than not, the PSC found ways to circumvent the court’s rulings and continue funding the Kemper project’s growing budget.

 
April 24, 2012
PSC Recertifies Kemper from Behind Closed Doors
who should pay?

The PSC recertifies the Kemper plant. Comments from the public were not permitted at the hearing, and the PSC did not re-open the record.

 
April 25, 2012
Southern Predicts Summer 2013 Startup
scalable and commercially viable?, who should pay?, what was the company's view?

In an earnings call, Southern Company officials reassure analysts that the PSC has recertified the Kemper project. Tom Fanning, Southern’s C.E.O., tells analysts that the testing and startup of the plant are now 14 months away. “We remain confident that this project will provide the best value to customers over the long term,” Mr. Fanning says. He adds that the previously stated construction schedule and costs remain “achievable.” When asked about the Department of Energy loan guarantees for the project, Mr. Fanning says that he remains hopeful that the company will finalize the federal loan guarantees. But he adds, “I must say that the value that we are bringing to customers since certification has been rather extraordinary, in my view, and we'll be successful whether we have them or not.”

 
May 10, 2012
Southern Discloses Higher Estimate to PSC
scalable and commercially viable?

Sixteen days after state regulators re-certify the Kemper plant, Mississippi Power Company alerts them of a new cost overrun of $366 million. This raises the total price of the project to $2.76 billion. It is later revealed that the utility had withheld this information from regulators while they were deciding whether to approve the project.

June 1, 2012
Congressional Report Shows Carbon-Capture 75% Higher Cost Over Traditional Plants

The Congressional Budget Office publishes a report on the federal effort to reduce the cost of carbon-capture technology. The report says that the cost of building clean coal projects is typically about 75 percent higher than for traditional plants. The report also says that the Department of Energy has two goals related to carbon-capture technology: to reduce the added costs of carbon capture plants to 35 percent, and to improve technology so that the plants are capturing 90 percent of the carbon dioxide emitted during generation.

 
June 22, 2012
At Raucous Public Hearing, PSC Rejects Rate Hike
who should pay?, what was the company's view?

Mississippi Power Company says that it intends to raise electricity rates to pay for the cost overruns at the Kemper plant. A hearing is held at a state office building in Jackson, about 80 miles from ratepayers who would be most affected by the rate increase. Advocates have to bus ratepayers – many of whom are rural, poor and black – to the meeting. Of note, Kemper County itself is not one of the counties that would receive electricity from the plant. In June, the average high temperature in Jackson, Miss., is over 90 degrees. In the small, cramped trailers, where some of the poorest people in the state live, the temperature reaches 110 degrees – potentially deadly for older residents who cannot afford to keep their air conditioning running.


“Quite a circus y’all got in there,” a utility official remarked to Louie Miller, director of the state’s Sierra Club, in the hall outside of the meeting room. During the hearing, ratepayers offer rousing testimony about why they oppose the rate increase, which would have averaged about $20 per month per customer. “Some people are still living in trailers and now you want to build a plant you can’t guarantee,” said John Gooding, a cabinetmaker from Bay St. Louis, who lost his home in Hurricane Katrina. Mr. Gooding wanted to know, if the utility can charge ratepayers for a plant not even built, what incentive does the utility have to keep cost down, or to ensure that it delivers savings or that it even works? “You don’t want to pay to build my home,” he said, “and I don’t want to pay to build your plant.”


In an interview, Lynn Posey, a regulator with the PSC, admits to concern about how quickly cost estimates have risen since April: “Am I surprised? I’d say disappointed would be a better word. I don’t know what the magic number will be, but everything over $2.88 billion will be on their dime.” Mr. Posey says raising the recoverable cap is “completely off the table.” The PSC voted against the rate increase that Southern was expecting to get. In recent interviews with the Times, Southern and Mississippi Power officials said that this PSC decision was an important setback for the project and that they were told that the regulators would not approve such reimbursement until the Sierra Club's litigation was resolved. The consequence of this denial, the utility said, was the creation of cash flow shortages for the company, credit downgrades, and the impression that regulators were turning against the project. This action from the PSC also caused an increase in financing costs to customers of $600 million to $800 million. "With more than two years of construction complete and less than two years remaining with no indication of a schedule challenge or a challenge to stay within the cost cap," Amoi S. Geter, a spokeswoman for Mississippi Power said, "it was too late and too costly for the company to walk away."

 
July 3, 2012
Credit Downgrade & Open Records Battle
scalable and commercially viable?, what was the company's view?

The Fitch rating agency, citing the PSC decision not to allow a rate hike, lowers Mississippi Power Company’s credit rating from A to A- and revised its outlook from stable to negative. Also on this day, a free-market advocacy group named the Bigger Pie Forum, files a public records request with the PSC. The request seeks to find out what natural gas price forecasts Mississippi Power Company used to justify Kemper plant. The question being pursued was whether the utility used accurate and legitimate cost estimates in arguing that a coal plant was commercially viable and a better option than natural gas. In response to the open-records request, the utility files a protective order over the requested records.

July 6, 2012
$117 Million Overrun Reported
scalable and commercially viable?, what was the company's view?

Mississippi Power Company releases its May status report disclosing a new estimated cost overrun of $117.9 million, bringing the total cost to $2.88 billion. This is another example of the steady and incremental budget over-runs announced by the utility.

 
July 9, 2012
Miss. Power Appeals to State Supreme Court
scalable and commercially viable?, who should pay?, what was the company's view?

Mississippi Power Company appeals the PSC’s denial of the requested rate increase with the Mississippi Supreme Court. The utility claims that the PSC broke state law by blocking their rate increase. The utility also says that the rate increase will save customers money and “reduce potential rate-shock.” The utility argues that by spreading out the cost over time, the law helped to avoid the “sticker shock” that consumers can otherwise experience when electricity prices suddenly jump after a new plant comes online. Thomas Blanton, an oil businessman and opponent of the plant cross-appeals.

July 16, 2012
Kemper Engineers Asked to Cut Costs
scalable and commercially viable?, what were the engineers saying?

A senior manager at the Kemper plant, Brett Wingard, writes an email to a group of engineers asking for input on ways to save money at the plant. “Ed Day wants all cost cutting ideas,” he writes. Mr. Day is the C.E.O. of Mississippi Power. Mr. Wingard adds that cost-cutting proposals should be ready by the next morning.

 
July 25, 2012
Southern’s Investors Concerned About Kemper
scalable and commercially viable?, who should pay?, what was the company's view?

During an earnings call, analysts voice confusion and concern over the PSC denial of the rate increase for Mississippi Power. Tom Fanning, Southern’s CEO, reassures them that the plant “has an environmental profile better than natural gas” and “an economic profile roughly equivalent to a nuclear plant.” He quotes press releases from PSC commissioners Leonard Bentz and Lynn Posey to show that Mississippi regulators remained supportive of the Kemper project. Mr. Bentz and Mr. Posey were appointed by Governor Haley Barbour and championed the controversial Kemper deal. Mr. Fanning also says that the company’s “current analysis” indicates that the overall cost to customers “will be less than projected in the original certification.”

 
August 1, 2012
Kemper Consultants Paint Rosy Picture
who should pay?, what was the company's view?

The consulting firm Ernst and Young produces a study for the Mississippi Development Authority on the estimated economic impact of Kemper. The study, “using project data supplied by Mississippi Power,” expects the plant to be complete by 2014. The report notes that “major equipment assemblies will be imported from out-of-state suppliers.” It predicts a total employment impact of 5,242 jobs for 2013, dropping to 778 jobs once the plant is completed in 2014. “For the entire project, an estimated 22 percent of the $3.2 billion of spending during the four-year construction period will be paid directly to Mississippi labor and businesses.” The report does not include the impact that rate increases from paying for the plant will have on the 23 Mississippi counties that form the rate base area of Mississippi Power. The jobs and income figures are predicated on demand from the oil industry for plant by-products – a demand calculated when oil prices were much higher than they are now.

 
August 8, 2012
Miss. Power Tries to Stop Leaks
what were the engineers saying?

After several leaks to the media, Mississippi Power Company’s C.E.O., Ed Day, sends an email to senior staff: “I would like to remind everyone ‘again,’ no numbers, schedules, or information in general should be communicated to external parties until I review it/them first.........no speculation, no estimates, no forecast, etc.”

 
August 9, 2012
Miss. Power Predicts 2014 Completion
what was the company's view?

Mississippi Power Company issues a news release saying that the plant is two years away from being operational.

 
September 13, 2012
Southern Says Project Half Done
scalable and commercially viable?

In a news release, Southern Company announces that the Kemper plant is about half complete and should begin powering Mississippi homes and businesses in May 2014. The company projects that the plant will create up to 3,000 jobs, directly and indirectly, during construction, and more than 300 permanent positions.


One of the challenges of carbon capture plants is what to do with the carbon once it is captured. For the Kemper plant, the answer was to pipe it 40 miles to an oil operation that could use the carbon to stimulate production of oil reserves. By selling the carbon, Southern would also offset some of the expense of building the plant, making it more commercially viable, assuming that local demand for carbon remained steady. In this news release, Southern says, “The company has signed long-term contracts to sell the byproducts from the gasification process.”


The company forecasts that, “Revenue from the sale of these byproducts will lower the overall costs for customers by approximately $50 million annually once the plant is in service.” However, energy economists and Kemper skeptics have questioned whether the demand for these byproducts, including carbon, will be sufficient and reliable enough to underwrite expensive projects like Kemper.


Should Southern’s geographically convenient purchase contract fall through, finding an alternative buyer could be difficult, if not impossible, they say. The alternative to reusing the captured carbon is disposing of it by injecting it into disposal wells for permanent storage, a process that is expensive and an additional cost concern of these projects. Whether those disposal wells might eventually leak, removing the environmental benefits of the projects, is another concern.

 
October 2, 2012
Independent Monitor Reviews Viability of Kemper
scalable and commercially viable?, what was the company's view?

An independent monitor hired by the PSC provides a summary of its reviews of the Kemper project prior to certification by the PSC. The independent monitor periodically provides analyses of the economic viability of Kemper compared to other natural gas options for Mississippi and had raised questions about some of the technological and economic assumptions made by Mississippi Power regarding the Kemper project. For instance, the independent monitor noted that, among calculations presented by Mississippi Power, “forced outage rate for Kemper appears low” and natural gas “price forecast appears high.” After these issues were raised by the independent monitor, however, Mississippi Power concluded that Kemper is still the most viable option compared to gas-fired power plants. Mississippi Power replies to questions raised by the independent monitor and PSC by noting that natural gas price forecasts vary even from the most reliable sources. The company concludes that, instead of the low natural gas prices representing a longer-term shift in the market, the current low is “a short-term phenomenon that is not likely to persist.” The projection of natural gas prices directly impacts the analysis of whether the Kemper project will be more economically viable than natural gas options.

 
October 19, 2012
Miss. Power Says Kemper is 70% Complete
scalable and commercially viable?, what was the company's view?

Mississippi Power Company issues a news release saying that the plant is on schedule for 2014 operation and costs remain at or below $2.88 billion. At this point, the utility says that the plant is 70 percent complete, and that new effluent pipes and transmission equipment were completed ahead of schedule.

 
November 5, 2012
Southern CEO “Surprised” by PSC Opposition
scalable and commercially viable?, who should pay?, what was the company's view?

In an earnings call with analysts, Southern officials say that the Kemper plant is still expected to be up and running by May 2014, and that the final cost of the project is expected to be below $2.88 billion. Tom Fanning, Southern’s C.E.O., says that he believes the coal-gasification technology could spread after the Kemper project. “Basically we think there is a terrific market for this worldwide,” Mr. Fanning says, adding that China and India are going to need more electricity in the near future. “We think it will be a solution not only for America but for the world to take advantage of this excellent fuel resource.” Exporting commercial-scale gasification technology would be a victory not only for Southern, but also for the Obama administration, vindicating federal investment in clean coal technology. Mr. Fanning also addresses the regulatory hurdles that Mississippi Power Company faced in recent months, including the PSC’s decision to stop the company from collecting money from ratepayers before the Kemper project is finished. “That surprised us. That, frankly, has been about the only negative that I can put there. I think the folks at Mississippi, the policy makers, are working hard to create a way forward that will work for both Mississippi Power and its customers.”

 
November 26, 2012
Independent Monitor Faults Kemper Project Management
scalable and commercially viable?, what were the engineers saying?

Greg Zoll, the independent monitor for the Public Utility staff, publishes a report saying that Kemper's schedule has slipped roughly three months, and that the delays would nudge the total project cost over $3 billion. Mr. Zoll writes that Southern Company Services “is not utilizing some basic project management and project controls tools and techniques that are available and customarily used in the industry for a project of this magnitude." Mr. Zoll also highlights the risk associated with scaling from the pilot project in Alabama to the actual plant in Kemper. In this case, the scaling up was by a factor greater than 100, which is larger than the industry standard for moving from a model to an actual plant. Mr. Zoll says, “There is still a technology risk due to scale-up and the extrapolation of the TRIG technology from the Wilsonville PSDF pilot facility size to the commercial Kemper project which could delay start-up and result in additional project costs.” Southern Company had originally planned to scale-up its new clean coal technology at a much smaller generation plant in Orlando, Fla. This very problem that Mr. Zoll identifies in 2012 is referenced much later, in 2015, when one of Kemper’s major backers, South Mississippi Electric Power Association, backs out of the project.

December 13, 2012
Plant Engineer Reminds Staff Against Disclosures
what were the engineers saying?

Tim Pinkston, a senior manager at the Kemper plant, sends an email to engineers emphasizing that all internal and external presentations relating to the Kemper project should be approved by upper management.

 
December 18, 2012
Miss. Power Claims 12,000 Jobs Created
scalable and commercially viable?, what was the company's view?

In a news release, Mississippi Power Company says that the plant is 75 percent complete and reaffirms a May 2014 start date for the combined cycle portion of the plant. The utility also reports that “nearly 12,000 direct and indirect jobs are being created during construction and more than 1,000 direct and indirect permanent positions once the facility opens.”

2013
January 24, 2013
Miss. Power, PSC Settle Ratepayer Lawsuit
scalable and commercially viable?, who should pay?

Mississippi Power Company and the PSC reach a settlement for the utility’s lawsuit against the PSC. They agree on new terms for how the utility can charge ratepayers for over-budget costs.

January 25, 2013
Miss. Power Requests 21% Rate Hike
who should pay?, what was the company's view?

Mississippi Power Company files a request with the PSC for a 21 percent rate increase that means an additional $172 million from ratepayers. The rate hike could show up on bills as early as April 2013.

February 8, 2013
State Lawmakers Approve $1 Billion in Kemper Bonds
scalable and commercially viable?, who should pay?, what was the company's view?

In another attempt to shore up funding for the project, the Mississippi legislature approves a bill allowing Mississippi Power Company to issue bonds up to $1 billion to cover costs of the Kemper power plant. The legislature also approves a bill giving the PSC authority to approve a multi-year “rate recovery plan” for Kemper. A little over two weeks later, Mississippi Governor Phil Bryant signs both bills passed by the Mississippi legislature into law.

 
February 26, 2013
Miss. Power Says No Further Rate Hikes
scalable and commercially viable?, who should pay?

Mississippi Power Company files a seven-year rate plan with the PSC, to recover costs of building the Kemper plant. At this time, the company says no further rate impacts are expected through 2020. The utility later files for another rate increase in 2015.

March 5, 2013
PSC Approves Two Year Rate Plan

The PSC denies Mississippi Power Company’s request for a $172 million rate increase, and instead approves a plan to increase rates by $125 million in 2013, and $156 million in 2014, a 15 percent and 3 percent increase, respectively.

 
March 22, 2013
Legal Challenge to Rate Hike
who should pay?

Thomas Blanton, an oil businessman and opponent of the plant, appeals Mississippi Power Company’s intended rate increase, arguing to the Mississippi Supreme Court that the hike is an unconstitutional tax.

April 1, 2013
Miss. Power Says Kemper Budget is Firm
scalable and commercially viable?, what was the company's view?

Mississippi Power reports to the PSC that the Kemper project is on schedule and its total capital cost will be $2.88 billion. Later this month, the utility will report an additional $600 million increase in costs.

 
April 2, 2013
Judge Orders Regulators to Release Kemper Documents
who should pay?

Bigger Pie Forum, a nonprofit group that promotes free-market policies, had filed an open-records request to the PSC demanding the release of documents related to the Kemper project. The organization is most interested in learning what figures Southern had used for the projected price of natural gas in arguing that a coal-fired plant would be commercially viable and financially competitive. The PSC had so far declined to release the documents, but on this date, a Chancery Court Judge, Dwayne Thomas, orders the PSC to release the requested materials.

 
April 4, 2013
Georgia Plant Explosion Reveals Safety Violations and Poor Communication

An explosion occurs at Georgia Power’s coal-fired power plant just outside of Cartersville, Ga. Georgia Power is a subsidiary of Southern Company. The blast takes place in a unit of the plant being shut down for scheduled maintenance, causing three minor injuries to employees, and significant damage to the plant. Southern Company reviews the incident and determines that poor communication and a failure to comply with company procedures led to the event. Later in the year, OSHA investigates and finds 17 major safety violations at the Georgia plant, and proposes a fine of $119,000.

April 15, 2013
VIDEO: Kemper Construction Update Early 2013
what were the engineers saying?, what was the company's view?

Mississippi Power releases a video updating the public about milestones reached, and still to be reached, at the Kemper project in 2013, including the first fire of the clean coal technology. The video explains that local lignite coal will be used to produce clean and reliable electricity for decades to come. The video emphasizes “immediate customer benefits” of the Kemper plant from its low fuel costs and says that the plant will generate revenue through the sale of carbon dioxide and other by-products. In the state of Mississippi, the use of Kemper’s captured carbon dioxide for enhanced oil recovery is expected to help produce two million more barrels of oil every year. The video includes visuals of unique construction features like the “lignite dome” and carbon dioxide pipeline.

 
April 19, 2013
Miss. Power Blocks Document Release

Following a court order, the PSC had agreed to provide filings from Mississippi Power to Bigger Pie Forum, a nonprofit group that promotes free-market policies. Now Mississippi Power Company instructs the PSC to hold off on releasing the records, and the PSC tells Bigger Pie Forum at the last minute that they will not be releasing the documents.

April 22, 2013
Miss. Power Seeks Stay on Document Release

Mississippi Power Company appeals the Chancery court’s decision to the Mississippi Supreme Court. The utility seeks a stay in the case about whether it should have to release thousands of pages of documents related to the project.

 
April 23, 2013
New Kemper Estimate: $3.4 Billion
scalable and commercially viable?, what was the company's view?

In a filing with the Securities and Exchange Commission, Southern says the Kemper project will cost $3.4 billion, a $600 million, and nearly 20 percent increase, from its last estimate. On the same day, the utility publicly attributes the increases to additional labor, engineering and materials costs.

 
April 24, 2013
Rating Agencies, Investors Concerned by Kemper Overruns
who should pay?, what was the company's view?

During an earnings call, Southern officials report that their settlement with the PSC included a two-step rate increase associated with the Kemper project. Southern's C.E.O., Tom Fanning, says that a May 2014 commercial operation date was still achievable and repeatedly tells analysts that startup activities at the Kemper plant are 40 percent complete. A Goldman Sachs analyst asks about possible Southern investment in natural gas power. Mr. Fanning says that because of their coal-fired plants, Southern’s subsidiaries are unlikely to need additional energy sources before 2023. In response to a Fidelity analyst’s question about the effect of the Kemper plant cost overruns on Southern’s credit ratings, Southern’s chief financial officer, Art Beattie, says, “We have spoken to all three of the rating agencies. We have reviewed the situation with them, and they've given us a response that, yes, it’s of concern.” He adds that Southern is committed to maintaining Mississippi Power’s credit ratings. An analyst from Glenrock Associates asks if Southern officials anticipate another write-off, and Mr. Fanning responds, “Listen, you know how conservative we are. This is our best estimate with everything that we know right now.”

 
May 10, 2013
Southern Reports “Material Weaknesses” in Project Accounting
scalable and commercially viable?, what was the company's view?

Southern files a report with the Securities and Exchange Commission indicating an "estimated loss” on the project of about $540 million. The company says that this will push the cost of the plant above the $2.88 billion cap. The company also reports that its subsidiary, Mississippi Power Company, failed to keep and publicly report certain information about schedule delays and cost overruns. These failures, Southern says, “constitute a material weakness in internal control over financial reporting.”

 
May 20, 2013
Miss. Power CEO Resigns, Admits Withholding Documents
who should pay?

Mississippi Power Company’s C.E.O., Ed Day, abruptly steps down, as the company acknowledges that he withheld information about cost overruns from regulators while they were deciding to re-approve the project. The company’s top lawyer, Ed Holland, becomes the new C.E.O. Mr. Holland tells utility regulators that Mr. Day had directed or allowed employees to withhold documents from the PSC about the $366 million cost overruns while the PSC was deciding whether to re-approve the project. Mr. Holland issues a statement that says "information was asked for by the (Mississippi) Commission and unfortunately we did not provide that information in the detail requested. I am sorry for this and apologize. I will see that it never happens again." Several other top executives resign or retire around the same period. Utility regulators say they hope the departures would help lower the overall salary costs of the company’s top executives, who earn between $400,000 and $3 million annually.

 
May 23, 2013
Regulator Says Biggest Problem: Utility is a Monopoly
who should pay?

PSC regulator Brandon Presley says that Mississippi Power intentionally withheld documents that noted a $366 million cost overrun at Kemper in mid-2012, in statements quoted by an energy industry news service. "There is no doubt, when a regulatory agency asks for a document and you want it and you need it and then it is withheld and you find out that there was at least some inference that it was withheld at the behest of a company official, well my Lord," according to Mr. Presley. "The most egregious part of it is that these people don't have any competition."

June 1, 2013
Contractor Presents Ambitious Kemper Testing Plan
scalable and commercially viable?, who should pay?, what was the company's view?

Southern Company Services files a report with the Energy Department detailing its testing plans for the Kemper project. The report says that the Department will provide funding for the planned four years of testing and the subsequent six months’ transition period as the plant moves into commercial operation. The report says the Kemper plant “will employ state of the art emission controls.” The reports also says that the plant will produce electricity at roughly “37.4-percent efficiency,” which the report adds will “match the natural gas equivalency for carbon emissions.” To meet these performance goals, the report also says that “near flawless operation” of new technologies will be “critical” in the first year of operations. Southern Company Services adds that any challenges to these critical systems “will be addressed expeditiously.” The document is also noteworthy because it shows the company’s vision, one shared by federal regulators, that the Kemper project would help save the coal industry in the face of new regulations, saying, “Coal-based generation needs to be considered as part of the future generation mix.” The report adds that the Kemper project “will be in our nation’s focal point as precisely it is the path that regulators are aiming for utilities to follow with coal based power generation.”

 
June 1, 2013
Indiana Carbon Capture Plant Comes Online
scalable and commercially viable?, who should pay?

Duke Energy’s multi-billion-dollar carbon capture plant in Edwardsport, Ind., begins commercial operation. The plant is similar to Kemper in several ways. Like Kemper, the Edwardsport plant was lauded for using “first-of-a-kind” technology, exceeded initial cost projections, missed critical completion dates, and was criticized by environmental and consumer groups. The cost of the Edwardsport plant continues to rise as utility regulators and company officials grapple over how to finance the plant and who should pay for it. Ratepayers in the Edwardsport service area are seeing significant increases in monthly utility bills.

June 3, 2013
Southern Official: Recent Events That “Diminished Our Company’s Credibility”
what was the company's view?

Roughly 146 Southern Company officials attend a meeting in Birmingham, Ala., to address company culture in response to a Georgia Power coal plant explosion and Mississippi Power’s misleading financial reporting. A few days after the meeting, Southern Chief Operating Officer Mark Crosswhite sends a memo to Southern employees emphasizing recent failures that “damaged equipment, diminished our Company’s credibility and harmed our co-workers.” Mr. Crosswhite urges company employees to step forward with ideas, questions, and criticisms, adding that anyone who voices concerns will not face retaliation.

 
June 5, 2013
Construction Delays Frustrate Project Engineer
what were the engineers saying?

In an email to Brett Wingard, Yvonne Avila, a Kemper project engineer, expresses mounting frustration over construction delays. Specifically, she vents about the inability of others working on the project to provide her with firm and accurate estimates on the amount of pipe needed.

 
June 23, 2013
Kemper Advocate Criticizes Sierra Club
who should pay?

Partnership for Affordable Clean Energy (PACE), an Alabama non-profit organization that advocates for Kemper, publishes an advertisement in local newspapers attacking the Sierra Club and other critics of the plant. “The Sierra Club wants to gamble on Mississippi’s energy future,” the advertisement says, emphasizing the importance of a diverse energy portfolio. The advertisement warns that natural gas prices can fluctuate greatly, and that Mississippi relies on natural gas for 75 percent of its power generation.

 
July 9, 2013
Group Attacks Environmentalists and Free Market Advocates Who Oppose Kemper
scalable and commercially viable?, who should pay?

PACE, a group supporting the Kemper project, criticizes the Sierra Club, an environmental group, and Bigger Pie Forum, a free-market advocacy group. PACE says that the Sierra Club’s opposition to coal was paid for by the natural gas industry and that Bigger Pie Forum is “a paid assassin with an agenda.” PACE describes itself as a coalition that “believes that the national conversation about the future of energy must include discussions about the cost of particular energy alternatives, not just their benefits.” PACE accuses Bigger Pie Forum of being funded by federal and state tax money intended for technology development. PACE rejects Bigger Pie Forum’s criticism that Kemper’s technology is unproven. PACE also says that the Sierra Club and Bigger Pie Forum’s opposition to Kemper is part of a larger “campaign for natural gas supremacy.” PACE says that Kemper, compared to natural gas, “is actually environmentally friendlier in a number of important ways” and that Kemper “offers hope of using America’s most abundant energy resource, coal.” PACE is also connected to a new joint venture of Alabama’s largest utilities that aims to “build public support for Alabama’s energy industry.”

 
July 25, 2013
The Bigger Pie or the Bigger Lie?
who should pay?

Supporters of the Kemper project run radio advertisements attacking critics of the project. The advertisements say: “For months Kelley Williams and Ashby Foote – the forces behind Bigger Pie Forum – have criticized the new Kemper County power plant. They say officials should force the plant to use natural gas instead of coal. But Williams and Foote aren’t telling you the whole truth. They aren’t telling you that they have long histories with the natural gas industry, a competitor of clean coal. Williams and Foote are apparently using your tax dollars to push their personal agendas, but they aren’t telling you that and they aren’t telling you that relying even more on natural gas puts Mississippi families and businesses at risk of higher power prices. They say they are looking out for you, but it’s all part of a bigger lie. It’s time for Kelley Williams and Ashby Foote to come clean about their real motivations to admit that Bigger Pie Forum is using public tax dollars, and if they won’t, it’s time for Mississippi leaders to stand up and demand the truth. Learn more at biggerlie.org.”

 
July 31, 2013
Pro-Kemper Lobbying at the County Fair
scalable and commercially viable?, what was the company's view?

JobKeeper Alliance, an Alabama organization with close ties to Alabama Power (a Southern Company subsidiary), passes out flyers discrediting Bigger Pie Forum, a critic of the Kemper plant. “We can’t trust Bigger Pie Forum,” say the flyers, which are distributed at a Mississippi county fair that draws large crowds and major state officials.

 
July 31, 2013
Southern Shareholders “Taking a Hit” Over Kemper
scalable and commercially viable?, what was the company's view?

In an earnings call, Southern officials acknowledge that projected financing and capital expenditures for the next three years are $1 billion higher than the figures they quoted at the end of 2012, largely because of the Kemper project, which has encountered mounting regulatory and technical delays. Southern officials provide two target dates for keeping the Kemper project on track: first fire of the gasifier by the end of 2013, and the project’s completion by May 2014. Tom Fanning, Southern’s C.E.O., tells analysts that if they don’t hit that May 2014 completion date, the cost of the plant could grow exponentially – by $15 million to $40 million a month. Mr. Fanning goes on to tell analysts that the extra money and work they are putting in to meet that deadline is a “dominant solution” that “represents no regrets.” Asked by a SunTrust analyst how the additional $1 billion in expenditures affects his view of the Kemper project, Mr. Fanning makes a distinction. He says that the project is still “exceedingly attractive” to customers, but he also says that Southern’s shareholders are “taking a hit.” “We understand that,” he says. “Nobody here is happy about that, but that's the honest truth.”

 
August 2, 2013
Brett Wingo: Project Poster Child
what were the engineers saying?, what was the company's view?

As his performance reviews make clear, future whistleblower Brett Wingo started out at Southern more as a model employee than a malcontent. When he was hired in 2007, he could not have been happier. He went from living paycheck to paycheck, working in several struggling factories making industrial motors and fans, to doubling his salary at one of the world’s largest power companies, overseeing scheduling and design decisions on a project that he believed would make engineering history. Soon after starting, he proudly emailed his wife, Cindy, a photo of his new, second-floor cubicle. Before long, Southern began flying him to Houston for meetings to explain what his PowerPoint called the "tip of spear" technology to be erected at Kemper. In 2008 and every year thereafter while he was on staff, Mr. Wingo was awarded the $2,000 "Southern Excellence" prize for exceeding company expectations. His bi-annual reviews were consistently glowing: six or above on a seven-point scale because he "Demonstrates loyalty to the organization," "Motivates and inspires others," and "Demonstrates courage to do the right thing."

 
August 9, 2013
Miss. Power Makes Prudency Filing with PSC
who should pay?

Mississippi Power Company files an “Initial Submittal of Prudently Incurred Costs” with the PSC. A confidential DVD contains all relevant information.

 
August 23, 2013
Climate Consulting Firm Criticizes Kemper
scalable and commercially viable?, who should pay?

Element VI, a climate and carbon consulting firm, publishes a highly critical assessment of the Kemper project. Focusing on the plant’s carbon capture and sequestration (CCS) objectives, the consultants question what incentives Southern has to live up to its stated 65 percent carbon capture objective, given that the likely costs of capturing carbon at Kemper exceed the market price for carbon as a commodity, and that none of Kemper’s government funding sources are strictly conditional on that figure. The consultants say that, “In fact, it appears that the more carbon Kemper captures, the more money it will lose, a situation which encourages lower levels of CCS.” While the consultants applaud Southern for pursuing new technologies, they question who will be left paying the bill, and finish their report with this speculation: "We suspect that somewhere at Southern Co. there are a whole bunch of spreadsheets with various permutations of percentage of carbon capture, loss per ton of CCS, cost of losing some or all of the 48A tax credits, cost of repaying some or all of DOE’s grant, risk of penalties – or an injunction — for violating Mitigation Action Plan, etc. They would make interesting reading.”

 
September 1, 2013
Advocacy Group: Southern Owns Dirtiest Coal Plants
what was the company's view?

Environment America, an advocacy group, releases a study indicating in Appendix Table A-2 that in terms of carbon dioxide emissions, Southern utilities owns the two dirtiest coal plants in the country.

 
September 9, 2013
VIDEO: Think Tank Hosts Kemper Discussion
scalable and commercially viable?, what was the company's view?

Two think tanks host an event in Washington, D.C., focusing on the Kemper project as it relates to energy security, energy access and climate change. The discussion features members of the energy industry and government. Stephen O. Andersen, of the Environmental Protection Agency, cites the importance of “diversification” of energy sources so that power grids can be more insulated from price fluctuations. He also says that it is important to be agnostic about what type of fuel is used, whether it is coal or natural gas or others. Instead, he says, decisions about energy sources should be based entirely on the source’s “carbon footprint.”


Speakers emphasize the potential of carbon capture and storage to reduce emissions around the world, even in areas that rely heavily on “lower-valued” coal. Victor Der, a think tank representative, says that the first-of-a-kind project at Kemper will provide a “learning curve” and will bring down future costs of carbon capture and storage technology. Before joining the think tank, Mr. Der worked at the Department of Energy, where he was involved with approving the move of Southern’s clean coal project from Orlando to Kemper County.


Mississippi State Senator Terry Burton says that he is excited about what is happening at Kemper. He also notes that the rate increase expected to pay for the plant is “not exorbitant” and on par with what ratepayers experienced when another new power plant opened in Mississippi. A Department of Energy official points out that more investment is needed for carbon capture and storage to compete with alternatives.

 
September 29, 2013
Kemper Rate Hikes Will Stop at 22%

Ed Holland, C.E.O. of Mississippi Power Company, writes an op-ed in the Meridian Star. He says that with low expected operating costs, the Kemper facility should be an “effective hedge against volatility in natural gas prices, to the benefit of Mississippians and the environment.” The plant “will capture at least 65 percent of the carbon dioxide (CO2) produced,” he says, and Mississippi Power is “contracted to sell it to oil companies to satisfy the region’s large and growing demand for enhanced oil recovery.” He adds, “More than two million extra barrels of Mississippi oil will be produced annually as a result.”


He also cites comments by Ambassador Paula Dobriansky, a senior fellow at the Belfer Center for Science and International Affairs at Harvard University’s John F. Kennedy School of Government. In her remarks, Ms. Dobriansky said that, “When you turn your back on innovation, all you do is guarantee that, wherever power plants are built in the future, they are built using yesterday’s technologies instead of tomorrow’s.” Mr. Holland writes, “Between 2004 and 2009, Mississippi Power’s fuel rates increased more than 43 percent because of the volatility in the natural gas market. Without building the Kemper project, as much as 90 percent of customers’ electricity could be generated with natural gas, leaving our customers highly exposed to natural gas market price fluctuations.”


He continues: “I have said many times and will repeat here, we’re estimating that we will not raise customer rates more than a total of approximately 22 percent for the Kemper County energy facility. That’s far less than the more than 30 percent predicted at the time of certification. The majority of the 18 percent already approved by the Commission earlier this year is being collected in current rates. Approximately 4 percent will be recovered by low-interest bonds, which was approved by the Legislature earlier this year to be recovered after the plant goes into service.”

 
October 3, 2013
Missed Deadline Costs Miss. Power $133 Million
scalable and commercially viable?, what was the company's view?

Mississippi Power company announces that it will not meet its May 2014 deadline, and must repay $133 million in federal tax credits as a result. The company cites bad weather and additional work that became necessary. Mississippi Power President Ed Holland says the Kemper construction site is now so congested, with 6,000 workers onsite, that further increases to the workforce would result in diminishing returns, as work conditions become too crowded for efficiency.

October 18, 2013
Environmental Group Supports Rule for New Coal Plants

The Natural Resources Defense Council (NRDC), an environmental advocacy group, publishes a blog defending the Environmental Protection Agency’s proposed carbon emissions limits for new coal plants. NRDC advances several arguments as to why requiring carbon capture and sequestration, an emissions reduction technology, is a good idea for new coal plants. In the blog, NRDC notes that carbon capture technology is indeed ready, and that this conclusion is supported by E.P.A. documents used to form the rule for new coal plants.


NRDC says that costs at Kemper, a plant that uses a particular kind of carbon capture technology, are high because it is a “first-of-a-kind” project. In addition, all new coal plants, with or without carbon capture technology, tend to be expensive. “Should new coal become economically viable at some point, carbon capture is a demonstrated technology and its incremental costs are reasonable,” the group says. NRDC also accuses the coal industry of “spinning” information about cost overruns at Kemper, even though the cost of Kemper was not used by the E.P.A. to form the rule for new plants. The group says that Southern Company has agreed that carbon capture “is adequately demonstrated for use.”


Months later, Southern objected to the new source rule as something that would “essentially eliminate coal” and petitioned the E.P.A. to change the rule based on their insistence that carbon capture and storage technology “has not been adequately demonstrated,” as seen in the March 13, 2014, and Dec. 18, 2015, entries in this timeline.

October 30, 2013
Southern CEO: We Made A Mistake
scalable and commercially viable?, what was the company's view?

During an earnings call, Southern officials report that the completion date at the Kemper plant is now set for the end of 2014. They also inform analysts that the further delay is going to cost between $15 million and $25 million a month. Asked about the PSC’s review of spending at Kemper, Tom Fanning, Southern’s C.E.O., tells analysts that he believes the problem at Kemper is that they agreed to a price commitment on the project when only 10 percent of the engineering was completed. “We made a mistake on the engineering. We agreed to a price cap without having done fully our homework on the deal,” Mr. Fanning says later in the call. “And we're paying for it.” When an analyst asks whether Southern is now a riskier investment because of the company’s large investments, Mr. Fanning says: “The only black cloud here is Kemper.”

 
November 5, 2013
Pennsylvania Congressman Slams Kemper
scalable and commercially viable?

Congressman Tim Murphy, Republican from Pennsylvania, delivers a ‘State of Steel’ address to industry leaders in which he criticizes Southern Company, calling carbon capture and sequestration plants an “economic impossibility.” He notes the cost overruns associated with the Kemper plant and claims the Kemper plant is “pricier than a comparable nuclear plant.”

November 6, 2013
VIDEO: Politicians Promote Kemper
what were the engineers saying?, what was the company's view?

A think tank releases a 5-minute video emphasizing the benefits of the Kemper project. The video includes interviews with Mississippi Governor Phil Bryant, former Mississippi Governor Haley Barbour, Mississippi Power C.E.O. Ed Holland, and Southern Company project manager Randall Rush. Mr. Barbour says that the Kemper project is an example of “Mississippi being on the cutting edge of technology” while providing “two billion dollars of revenue back on stream and all of that will be saved by the customers.” The plant has a unique and challenging design, says Mr. Rush: “What we are building at Kemper will be the cleanest coal plant that has ever been built.” Mr. Holland says that Kemper can capture about three million tons of carbon dioxide each year. He also says that, “It has been a long journey, but we are getting very close and we are all very excited that we are fast getting to the point where it will be completed and providing electricity to our customers.” The video describes the 6,000 jobs created by the Kemper project and the excitement and pride people have about working there. Mr. Bryant notes that a project like Kemper “takes time and effort and investment . . . but this can change the world.”

 
November 8, 2013
We Need “100 More” Plants Like Kemper
scalable and commercially viable?, what was the company's view?

Federal Energy Secretary Ernest Moniz tours the Kemper site, accompanied by visiting dignitaries representing eight foreign nations. In remarks given after their tour, Mr. Moniz says, “We’re going to need not 10, maybe 100 more of these plants across the country in the future.” When asked about rate hikes, Mr. Moniz says a rate increase is nothing unusual for any new major power plant. In a Facebook post about his visit to Kemper, Mr. Moniz says, “Projects like Kemper represent the future of fossil energy.” One of Mr. Moniz’s foreign guests, Norway's Minister of Petroleum and Energy, Tord Lien, says he’s impressed. However, he adds, the high cost of construction would make it difficult to build this type of facility in Europe. Mr. Lien hopes the costs will come down, and says, “Every time someone builds a carbon capture and storage project like this it contributes to bringing the costs down. That is the key element to make this a world-wide thing.”

 
December 6, 2013
Gingrich Hails Kemper
scalable and commercially viable?

At the Governor's Energy Summit in Jackson, Miss., former Speaker of the House Newt Gingrich voices strong support for the Kemper project, indicating that he thinks the project could be the most important energy experiment in the world. "If only we could get away from this war-on-coal mentality that says I don't care how good your plant is, I don't want you to use it all," Mr. Gingrich says. "You look at what's happening at Kemper, it took some visionary somewhere to begin thinking about a brand new model." At the same summit, he encourages Mississippi to push ahead with the Kemper project. "You have a chance to be a remarkable leader in the country in the next 10 to 20 years," he says. "In the United States, we have trillions of dollars’ worth of coal. Literally trillions. Worldwide, huge deposits."

December 12, 2013
Video: Clean Coal Works
what was the company's view?

Dr. Frank Clemente, professor emeritus, Penn State University, discusses the Kemper County Energy Facility at the Governor’s Energy Summit in Jackson, Miss., in a presentation titled, “Coal's Role in Meeting Global Energy Needs.” He says that “clean coal technology works and we have demonstrated that since the Clean Air Act of 1970, when coal generation increased by 150 percent and emissions that are regulated, like sulfur dioxide, decreased 90 percent and particulate matter decreased 90 percent. So clean coal technology works. Mississippi has already taken a tremendous step forward in the building of the Kemper power plant. One of the most important power plants being built in the world today.”

 
2014
January 28, 2014
Southern Says Kemper Online by Year’s End
scalable and commercially viable?, what was the company's view?

Southern files a report with the Securities and Exchange Commission indicating that the project will be in service before the end of 2014. The report cautions that the Kemper project could encounter further construction cost increases and delays, citing factors that might cause further schedule extensions "associated with start-up activities for this 'first-of-a-kind' technology, including major equipment failure, system integration, and operations, and/or unforeseen engineering problems."

 
January 29, 2014
Southern: Increased Project Costs Total $729 Million
who should pay?, what was the company's view?

During an earnings call, Southern Company's C.E.O., Tom Fanning, touts the utility’s relationship with state regulators and says, “In what was arguably our busiest year ever, from a regulatory standpoint, we saw an unprecedented level of activity across all four states.” Southern’s chief financial officer, Art Beattie, cites after-tax charges totaling $729 million from increased Kemper project costs. “Mississippi Power will not seek recovery of estimated cost to complete the facility above the $2.88 billion cost cap,” Mr. Beattie says. An analyst for BGC Partners, a brokerage company, asks when the Kemper plant will be completed. Tom Fanning responds, “The other thing I just want to point out too here, just to remind everybody, if we had perfect foresight, the cost increases we've had on Kemper were really kind of entered into the day we entered into a fixed price agreement with only 10 percent of the engineering done. That was kind of 2009 and 2010. The construction of the plant had actually gone pretty darn well and in fact in this latest reporting period we think we're on budget, on schedule on construction.”

 
January 31, 2014
Congressman Calls Plant “Boondoggle"
scalable and commercially viable?

In his website’s weekly news update, Representative Tim Murphy, Republican from Pennsylvania, refers to the Kemper plant as a $4.7 billion “boondoggle.” He says that the project is “pricier than a comparable nuclear plant and five times as expensive as a gas-fired plant.”

February 11, 2014
VIDEO: Industry, Government Cheerlead for Carbon Capture
scalable and commercially viable?, what was the company's view?

A think tank releases a video explaining the global perspective on carbon capture and sequestration (CCS) technology, one of the new technologies being deployed at Kemper. Former Under Secretary of State for Democracy and Global Affairs, Paula Dobriansky, discusses the challenges of continuing to use coal despite a need to reduce emissions: “You have a lot of countries that have large coal reserves. They’re wanting to modernize.”


Milton Catelin, chief executive of the World Coal Association, says, “It is totally unrealistic to meet any poverty alleviation target unless coal is in the mix,” though he acknowledges that the burning of coal releases carbon dioxide that contributes to global warming. A representative from the Global CCS institute comments that “only CCS is going to deal with the emissions from fossil fuels.”


A European commission spokesperson says that countries cannot meet carbon reduction goals “without the rollout of CCS.” Tom Fanning, chairman, president, and C.E.O. of the Southern Company, said, “We will capture 65 percent of the CO2 and in this case CO2 is not just a waste. We sequester it via enhanced oil recovery. It will have a carbon footprint somewhat less than a conventional natural gas plant.” Secretary of Energy Ernest Moniz says, “President Obama made it clear that this CCS is part of an all of the above energy strategy.” Professor Lord Nicholas Stern of the London School of Economics says that the price of doing carbon capture and storage is “modest and manageable“ and “the price of not doing it is immense.”

 
February 14, 2014
Contractor Warns Against Misleading Schedule
what were the engineers saying?

In an email to Southern Company and Mississippi Power Company officials, Joshua Keller, a scheduling contractor with PMAlliance, warns against using hypothetical and misleading information in a published schedule that could ultimately be used by investors, regulators and the public.

 
February 19, 2014
Southern Official Presents Misleading Schedule
what were the engineers saying?

During the monthly production meeting held at the Kemper plant site, Steve Owen, a Southern Company official, presents a scheduling document that Brett Wingo and PMAlliance, a firm Southern Company contracted to handle scheduling at the plant, had previously warned Southern Company against creating or publishing because it presented a misleading and inaccurate rendition of the project timetable. The presentation of the document at this meeting remained unknown to Mr. Wingo and PMAlliance until the following week.

February 26, 2014
Whistleblower Warned Against Discussions By Email
what were the engineers saying?

In response to pointed questions about suspicious activity surrounding the official project schedule database, Babar Suleman, a Southern Company contract scheduler responsible for controlling access to the database, warns Brett Wingo against further discussions by email.

 
February 27, 2014
Contractor Resigns Over Misleading Schedule
what were the engineers saying?

Tom Stevens, the president of scheduling firm PMAlliance, sends an email to engineer Brett Wingo saying that PMAlliance is resigning from the Kemper project. Mr. Stevens claims that despite being warned, Mississippi Power used misleading information in a published schedule that is provided to investors, regulators and the public. In the email, Mr. Stevens faults Southern Company for having published a “‘what-if’ version of the schedule that makes a number of drastic assumptions about the duration and sequencing of project activities that (in our opinion) are neither supported by the project team or the facts.” He adds, “Accordingly, we must respectfully withdraw from our involvement in the Startup and Commission schedule for the Kemper project immediately.” A few months later, PMAlliance rejoined the Kemper project after receiving assurances from Mississippi Power Company that scheduling discrepancies would not occur in the future.

 
February 27, 2014
Company Officials Continue to Promote Misleading Schedule
what were the engineers saying?, what was the company's view?

At a noon meeting with Southern Company and Mississippi Power officials, John Huggins, a Mississippi Power official, presents the same document that was presented in the February 19, 2014, production meeting. The document includes a timetable that several engineers and schedulers had warned was false and misleading. The document claims that the project was 80 percent likely to finish by December 1, 2014. Several engineers at the meeting recount Mr. Huggins saying that if the schedule slips even one day into 2015, it would represent a $500 million “financial Armageddon” for Mississippi Power due to lost tax savings.

 
February 27, 2014
Mr. Wingo Voices Sarbanes-Oxley Concerns
what were the engineers saying?

Immediately after the meeting with Southern and Mississippi Power officials, Brett Wingo privately explains to John Huggins that PMAlliance has resigned due to the falsified and misleading scheduling document. Mr. Wingo voices his concerns regarding Sarbanes-Oxley law, meant to protect against corporate and accounting fraud, and its implications for individuals who may sign financial disclosures based on the deceptive document.

February 27, 2014
Whistleblower: Misleading Schedule Violates Federal Law
what were the engineers saying?

Brett Wingo writes an email to Mississippi Power officials, warning them that the company was providing the public with misleading scheduling information in violation of federal Sarbanes-Oxley law. Mr. Wingo writes, "This is a high-profile project with many misguided enemies, so why give them free ammo?" He warns later in the email: “Hope is not a strategy.”

 
February 28, 2014
Mr. Wingo Alerts Auditor to Misleading Document
what were the engineers saying?

Brett Wingo sends an email to an official from PricewaterhouseCoopers, an auditing firm working on the Kemper project, flagging the use of misleading information in a document that had been produced by the firm. The official responds by email saying that his colleagues are “concerned.”

 
February 28, 2014
Meeting Set to Address Whistleblower Concerns
what were the engineers saying?

John Huggins, a Mississippi Power official, calls Brett Wingo to say that Mr. Wingo’s emails have caused concern in New York with PricewaterhouseCoopers executives, as recalled by Mr. Wingo. Mr. Huggins asks Mr. Wingo to refrain from sending any more emails about scheduling because they are discoverable. A meeting is set up for March 6, 2014, to address Mr. Wingo’s concerns. Mr. Huggins explains, as he had in earlier meetings and discussions, that the published schedule could not slip into 2015 because it would be a “financial Armageddon” for Mississippi Power.

March 3, 2014
Miss. Power Official Defends Disputed Schedule
what were the engineers saying?, what was the company's view?

Despite being told by Brett Wingo that the updated schedule was unrealistic and presented potential Sarbanes-Oxley concerns, John Huggins, a Mississippi Power official, sends an email to managers and executives at Southern Company and Mississippi Power stating that, based on his meeting with Southern Company Gasification Technologies, the employees in Gasification Technologies believed 2014 was achievable, “to a man.”

 
March 6, 2014
Company Officials Say Schedule Based on “Gut Feel”
what were the engineers saying?

In a meeting at the Kemper site, John Huggins of Mississippi Power, and Ashley Baker of Southern Company, tell Brett Wingo that his concerns over the manipulation of the scheduling document are unfounded. The men say that official projections on cost and schedule are based on “management opinion,” something they referred to as “gut feel,” according to Mr. Wingo. Mr. Baker and Mr. Huggins further state that schedules and risk analyses of those schedules are simply “opinions” and “garbage in, garbage out.” Mr. Huggins and Mr. Baker ask Mr. Wingo if he understands that the manipulation of scheduling documents is not in his jurisdiction and is not a compliance issue. They ask Mr. Wingo to agree that he is not being coerced. Mr. Wingo asks that the scheduling document include a disclaimer stating that it was not for production use and that it was to be used purely as a hypothetical. Such disclaimer was never added.

March 10, 2014
Southern CEO Warned of Potential Sarbanes-Oxley Violation
what were the engineers saying?, what was the company's view?

Phone records indicate a call between Brett Wingo and Southern Company's C.E.O., Tom Fanning, about Mr. Wingo’s concerns that Southern is violating the federal Sarbanes-Oxley law, which is meant to protect against corporate and accounting fraud. Worried that a cover-up was underway, Mr. Wingo explains his worries in a 21-minute conversation, according to Mr. Wingo’s recollections and corroborating phone records. “You did the right thing bringing this to me,” Mr. Wingo recounts Mr. Fanning saying. “I plan to get to the bottom of this.”

March 11, 2014
Whistleblower Emails Concerns to Southern Official
what were the engineers saying?

Brett Wingo sends an email to Helen Nalley, a Southern Company compliance officer, documenting his concerns regarding Sarbanes-Oxley and the creation and presentation of a scheduling document he believed to be falsified and misleading.

March 13, 2014
Southern Official Admits Schedule Was Manipulated
what were the engineers saying?, what was the company's view?

A meeting occurs between high level officials at Mississippi Power Company and Southern Company to discuss who controls scheduling now that PMAlliance, the scheduling contractor, has resigned. Joshua Keller from PM Alliance is in attendance because Southern Company wants to bring the contractor back onto the project. During the meeting, Mr. Keller scrawls down a quote by Bill Boyd, a Southern Company official, who says that the schedule had been changed in the past to “protect ourselves.”

 
March 13, 2014
Southern Opposes New EPA Coal Regulations

Southern, which relies heavily on coal at its other power plants in the Southeast, becomes increasingly outspoken in its opposition to the Environmental Protection Agency's new regulations on power plants – and the use of the Kemper plant to promote these regulations to a skeptical public. "The revised new source performance standards would essentially eliminate coal as a future generation option," Tim Leljedal, a spokesman for Southern Company, tells The Guardian. The Kemper plant was a one-off that made commercial sense only because the plant was close to coal fields and Southern had a market for the carbon dioxide, he explains. "The location of the Kemper County Energy Facility – near its fuel source and existing CO2 pipelines – makes the plant the right choice for Mississippi and other places with common characteristics," Mr. Leljedal writes. "The Kemper County Energy Facility should not serve as a primary basis for new emissions standards impacting on all new coal-fired power plants." A week later, a Mississippi Power spokeswoman, Amoi Geter, is careful in an interview with The Los Angeles Times about avoiding any suggestion that Kemper was a model that could easily be replicated. "To say there is a one-size-fits-all, that what we do here is applicable someplace else, would probably not be accurate," she says.

March 14, 2014
Economist Calls Kemper Overruns “Inevitable, Foreseeable”
what were the engineers saying?, scalable and commercially viable?

David Schlissel, a consultant who specializes in energy economics and represents consumers in utility cases, testifies to the PSC on behalf of the Sierra Club about the Kemper project. Mr. Schlissel claims that the $2.1 billion cost increase since the PSC first approved Kemper was “inevitable, foreseeable and, in fact foreseen.” Construction costs for coal-fired power plants were skyrocketing at the time Kemper sought approval, he says.


Mississippi Power ignored the "canary in a coal mine," a clean coal plant in Indiana called Edwardsport that was facing cost overruns at the time Kemper was approved, Mr. Schlissel testifies. Mississippi Power also vastly overestimated natural gas prices to make the Kemper project look like a better financial alternative to building a power plant that runs on natural gas, he says. Not only did Mississippi Power present natural gas prices that contradicted reliable forecasts, he says, but the company also ignored a “seismic shift in the domestic natural gas industry” recognized by other utilities and investors.


Those “seismic shifts” in the energy market had already caused at least one planned coal plant in Louisiana to be canceled, he says. Even if Mississippi Power could effectively outfit Kemper with clean coal technology, he says, the increase in cost of the project beyond Mississippi Power’s estimate was inevitable, because the construction for Kemper began before the plant design was completed.

 
March 17, 2014
Bartender Thinks Construction Will Take Years
what were the engineers saying?

Brett Wingo recounts a story from this date. After weeks of tense exchanges with upper-level managers at the plant about his and other engineers’ concerns that the utility is misleading the public about the plants costs and timetable, Mr. Wingo wonders whether he is alone in the view that there is no way the plant can be completed by the end of 2014, as the utility was reporting publicly. One night after work, while eating at Logan’s Roadhouse, a restaurant in Meridian, Miss., about 30 minutes south of the plant site, Mr. Wingo asks the bartender how he planned to adjust when construction soon finished and business died down. The bartender laughed. “Every worker here knows that construction won’t be done for two, maybe three more years,” Mr. Wingo recounted the bartender saying. Mr. Wingo sends himself an email reminding himself to add this to his journal. He says it felt darkly comical: While the company was telling regulators and investors that the plant would be done by 2014, it was an open secret among workers and local business owners that such a deadline was unlikely.

 
April 2, 2014
Southern Maintains 2014 Completion Date
scalable and commercially viable?, what was the company's view?

Southern Company files another report with the Securities and Exchange Commission maintaining the company’s position that the plant will be ready by the fourth quarter of 2014. Southern officials go on to report that they “identified decreases in labor productivity at the Kemper IGCC due in large part to adverse weather, unexpected excessive craft labor turnover, and unanticipated installation inefficiencies.”

 
April 4, 2014
Mr. Wingo Warns Against Deceptive SEC Filing
what were the engineers saying?

In a meeting, Southern Company officials tell Brett Wingo that his concerns are unfounded, that the planning documents he was concerned about were a miscommunication, that the company does not admit schedule slips unless they are 100 percent certain, and that the company’s attorneys have agreed that basing financial disclosures on a 2014 projected finish date is acceptable. At the meeting’s conclusion, Mr. Wingo, according to his OSHA whistleblower complaint, warns Southern officials that if they continue to report the expected 2014 finish on their next Securities and Exchange Commission filing, it would constitute an act of willful deception and would likely violate securities laws. If that happens, he says, “I will feel we have broken the law and will have to contemplate my next move.”

April 15, 2014
Independent Monitor Finds Schedule Unachievable
scalable and commercially viable?, what were the engineers saying?

Greg Zoll, the independent monitor hired by state regulators, files a report with the PSC concluding that Southern’s decision to start construction at the plant before completing engineering and procurement had caused serious scheduling problems. While the company “attempted to maintain the original commercial operation date and compressed schedule,” Mr. Zoll says there was “mounting evidence that it was not achievable.” Mr. Zoll says that Southern rushed the schedule to achieve a 2014 completion date, which meant a “just-in-time approach to engineering and procurement” that led to costly congestion at the work site and constant work-arounds. Missing the May 2014 completion deadline will cost Southern $133 million in federal subsidies. Mr. Zoll points out that another engineering firm, Black & Veatch, also assessed the project in 2010 and cited concerns about its “lack of contingency,” the “aggressiveness of the construction schedule,” and the project cost estimates, which were based on “outdated prices” and lacked details about quantities of needed supplies.

 
April 29, 2014
Southern Publicly Recognizes 2015 Completion Date
scalable and commercially viable?, what was the company's view?

Southern Company filed an Securities and Exchange Commission report informing federal regulators and investors that the Kemper plant would not be completed by the end of 2014, and setting a new completion date for the first half of 2015. It was the first time Southern publicly acknowledged the plant would not be ready until 2015.

 
April 30, 2014
Analysts Question Overruns and Delays
scalable and commercially viable?, what was the company's view?

In an earnings call with analysts, Southern officials once again explain why the company had to write off millions of dollars for the Kemper project. Both C.E.O. Tom Fanning and Chief Financial Officer Art Beattie sidestep analysts’ questions about future overruns by saying any project has “unknown unknowns.” Mr. Fanning compare the project's delays to a project being slowed by a natural disaster, like a tornado or a hurricane. “When things happen that we can't foresee, we have to make adjustments,” Mr. Fanning says. “I hate that, but that is in fact the case. Every time we've given an estimate, it has been our best judgment at the time.”

 
May 5, 2014
Financial Analysts Recommend Selling Southern Stock
scalable and commercially viable?, who should pay?

Financial analysts from UBS suggest that stockholders sell Southern shares due to “major ongoing problems” at the Kemper plant. On page three of its report, UBS says the Kemper project is “facing billions of losses and an ongoing stream of disappointments.” UBS is concerned about Kemper’s schedule going forward, and, on the second page of the report, estimates the costs for delay at $25 million per month, noting that any costs above $2.9 billion cannot be recovered from ratepayers. The report cites Southern Company management’s acknowledgement that construction delays put the firm’s long-term budgeting plan "pretty close to the edge."

 
May 11, 2014
VIDEO: Kemper’s International Appeal
scalable and commercially viable?, what was the company's view?

Mississippi Power releases a video discussing how the Kemper project has drawn interest from industry experts from other countries. The video explains that people from around the globe consider Kemper an opportunity to have a cleaner source of energy, particularly when natural gas is too expensive in their region. Karl Moor, senior vice president of Southern Company Services, says that Kemper is a “one of a kind facility in the world, and the world has been waiting twenty years for somebody to build it.” A representative from the Navajo Nation says that he sees “a bright future for the county and the state of Mississippi” with this project.

 
May 12, 2014
VIDEO: Kemper Makes Technological History
what were the engineers saying?, what was the company's view?

Mississippi Power releases an online video that presents the Kemper project as leading the future of the energy sector and compares Kemper to other Mississippi innovative projects like managing the Mississippi River and helping to make the moon landing possible. According to the video, the Kemper plant “will help generate electricity cleanly and efficiently using one of the world’s most abundant energy resources, coal,” and, specifically, will use “lignite coal, which is relatively untapped for electricity production.”


The video explains that, in a world with growing energy needs, Kemper “represents the type of revolutionary technology that can help meet this growing need in a highly efficient and environmentally responsible manner.” Kemper has 6,000 employees and is working toward completion of the project in 2015. The video says, “the first fire of the combustion turbines was a success and will help the facility produce electricity once fully operational,” noting that Mississippi Power “recently connected turbines to the electricity grid.”


The Kemper project is a “major milestone in the United States Department of Energy collaboration with industry to research, develop, and deploy technologies to use our abundant coal resource in more efficient ways while producing significantly fewer emissions,” the video says.

 
May 13, 2014
Whistleblower Removed From Scheduling Duties
what were the engineers saying?

Brett Wingo is removed from his duties related to project scheduling. Mr. Wingo asks Joe Miller, a Southern Company official, to change the way he’s handling the schedule so that it can start being used as an effective project management tool. “If I did that, I wouldn’t have this job anymore,” Mr. Wingo recounts Mr. Miller saying.

May 23, 2014
Miss. Power Consultant Rejects Monitor’s Criticism
scalable and commercially viable?

Patricia Galloway, the CEO of Pegasus Global Holdings, a utilities consulting firm, testifies before the PSC on behalf of Mississippi Power Company. Ms. Galloway rejects the criticisms of the independent monitor’s report from April 15, 2014. “There is absolutely no evidence that any scheduling issue caused any delay or inefficiency,” she says, adding that delays occurred as the design of the plant developed. In response to a question about problems with the plant’s scheduling software, Ms. Galloway says, “As is typical with any new software, growing pains are common.”

 
June 10, 2014
Whistleblower Feared Southern Could be the Next BP
what were the engineers saying?

Brett Wingo, in an email to Helen Nalley, a Southern official, lists his concerns about prudency, process safety, and his career at Southern Company. “I challenged this culture to prevent breaking federal laws and our name from becoming synonymous with cheating and lying to customers and investors,” Mr. Wingo writes, adding that he does not want Southern’s brand being tarnished like that of BP or some other corporations.

 
June 27, 2014
Mr. Wingo Believes Inspection Reports Filed Retroactively
what were the engineers saying?

In an email to Helen Nalley, a Southern official, Brett Wingo expresses concerns over safety issues, including that the combined cycle documentation is incomplete, inconsistent, incorrect, or missing. He says that he believes Southern officials are retroactively filing inspection reports so that the plant can be put into operation.

 
July 2, 2014
VIDEO: Clean Coal Can Complement Renewables

In other remarks at the Wrocław Global Forum, Southern’s Karl Moor talks about the “five billion dollar” Kemper facility. Mr. Moor says that the plant will generate carbon dioxide and turn it into a high-demand commodity—he envisions carbon dioxide someday being shipped worldwide. Mr. Moor says that clean coal technology can be an environmentally responsible complement to Europe’s developing renewable energy sources, explaining that you can’t have renewables without a reliable supply of energy, as well.

 
July 2, 2014
VIDEO: Europe Should Have “Ten Kempers” by Now
scalable and commercially viable?, what was the company's view?

U.S. Representative Tim Murphy, Republican from Pennsylvania, also speaks at the Wrocław Global Forum, alongside Karl Moor of Southern Company. Mr. Moor is highly critical of European energy policy, saying that European investment has been unbalanced, spending $1.6 trillion on renewables and only $13 billion on carbon capture—resulting in what Mr. Moor calls “the lost decade for coal in Europe.” Mr. Moor says that there were "already supposed to be ten Kempers built in Europe by now.”

 
July 2, 2014
VIDEO:Kemper’s Technology Is “Aimed at Poland’s Coal”

Karl Moor, senior vice president and chief environmental counsel at Southern Company, discusses the future of coal at the Wrocław Global Forum in Poland. According to Mr. Moor, lignite coal, prevalent in Poland as well as the southern United States, “is the strategic fuel that could bridge the gap,” until American natural gas can be shipped to Poland and provide energy independence from politically volatile Russian fuel sources. Mr. Moor says that the U.S. Department of Energy “for over twenty years has been helping us develop a technology aimed at Poland’s coal.” He claims that Southern’s Kemper plant will capture 65 percent of carbon dioxide emissions, of which they plan to send “3.5 million tons down a pipeline to enhance oil recovery.” Mr. Moor adds, “We are meeting all environmental standards that are both applicable in the U.S. as well as Europe.”

 
July 17, 2014
Whistleblower Fears Lapses Will Endanger Workers
what were the engineers saying?

Brett Wingo finds more documents providing evidence of what he says is a lack of quality control in the construction of the plant. Mr. Wingo believes the lapses in oversight could result in a dangerous accident. “I’ve been in that gasifier. I couldn’t imagine getting hit with a large stream of water while I’m hanging onto a ladder,” Mr. Wingo recounts in his OSHA whistleblower complaint. “Who knows what kinds of chemicals might be in that dirty stream?”

 
July 17, 2014
Mississippi Power Announces “Major Testing Milestones”
scalable and commercially viable?

On its website, Mississippi Power Company announces that workers at the Kemper site have met two “major testing milestones”: Testing of the combined cycle unit and pressure testing of both gasifiers. Mississippi Power executive John Huggins says the success of these tests, “puts us one step closer to bringing this innovative, 21st century coal project online for our customers.”

 
July 21, 2014
Monitor Harshly Criticizes Kemper Plant
scalable and commercially viable?, what were the engineers saying?

Greg Zoll, the independent monitor hired by the state for the project, says that Southern and Mississippi Power delayed acknowledging major cost increases and delays to starting up the plant long after they knew or should have known of those changes. Mr. Zoll says that management of the project was incompetent. He also cites extensive safety issues with the plant design that were caught too late in the project. Mr. Zoll says, on the 43rd page of his report, that while engineering expenses and product purchases went up, reported construction costs and scheduling timeline went down: "These trends are illogical."


On page 37, the monitor says that, as early as November 2012, it was clear that a May 2014 completion date for the project was unachievable, a fact the utility declined to acknowledge publicly until more than a year later. The report says that Mr. Zoll highlighted a projected cost overrun as early as September 2011 but, as noted later in the report on page 42, that increase was not acknowledged by the utility until May 2012.


Mr. Zoll says that Mississippi Power did not fast-track the project because it was common industry practice. Rather, the company fast-tracked the project in order to be eligible for investment tax credits – and in fact skipped many steps that would be standard industry practice. Mr. Zoll argues that the Kemper Project's schedule was aggressive to begin with – and then was made more so by fast-tracking. This caused the project to fall behind schedule repeatedly.


Even as the utility missed deadlines and slipped behind schedule, the company reported "no impacts" to the PSC, Mr. Zoll says. The Kemper project staff were not trained to properly use their scheduling software – and ultimately the staff had to be replaced mid-project, he says. Because Southern went directly from a pilot-sized model to a commercial scale version at Kemper, and the utility had no intermediate-sized facility, there is no way to determine whether the power plant will actually work until it is fired up, Mr. Zoll explains.


He rebuts the notion that the cost and schedule escalation on Kemper was “unforeseeable” by pointing to a similar project being built by Duke Energy in Edwardsport, Ind., which Mr. Zoll says offered clear warnings about problems to expect at Kemper. The utility strongly disagrees with Mr. Zoll’s findings, saying that the delays were caused by shifts in design, that the software was glitchy, that the project used standard accounting practices, and that the utility itself was absorbing most of the additional costs.

 
July 30, 2014
Southern: “Unknown Unknowns” Could Delay Kemper
scalable and commercially viable?, what was the company's view?

During an earnings call, Southern Company's C.E.O., Tom Fanning, says that the the challenge with projects such as Kemper are always the “unknown unknowns.” He first used this expression in an April 30, 2014, earnings call, and will use it again in an earnings call on February 4, 2015. An analyst for the State of Wisconsin Investment Board asks, “You've mentioned first gasifier fire expected late third quarter or early fourth, where earlier it set first gasifier heat-up targeted for mid-to-late summer. So is heat-up and fire different, or are they the same, or how should I think about that?” Art Beattie, Southern Company’s chief financial officer, responds: “Yes, Dan, those are the same. And it's moved out a bit again.”

 
July 30, 2014
Sparse Documentation of Plant Construction Inspections
what were the engineers saying?

Hargrove Engineers + Constructors, a company that inspects plants to ensure that their construction corresponds to the design plans, conducted a formal inspection of the Kemper plant and were told that only a small number of prior inspection records could be found or provided.

 
August 1, 2014
Miss. Power Settles Sierra Club Lawsuits
who should pay?

The Sierra Club announces a settlement with Mississippi Power. In exchange for the Sierra Club’s agreement to drop ongoing lawsuits against the Kemper plant, Mississippi Power promises to retire other coal-fired power plant units and to help finance energy-efficiency programs.

 
August 5, 2014
PSC Suspends Prudency Hearings
who should pay?, what was the company's view?

The PSC votes to indefinitely suspend prudency hearings on the Kemper project. Commissioners said they want to wait until the plant is completed and operational before they review spending and make judgments on whether electricity customers should pay for the project. Mississippi Power could be forced to absorb more costs if the PSC ultimately decides not to charge customers. Critics of the project and of the state regulators cite this as a rare example of the PSC exerting limited, some would say insufficient, oversight of the project. On the other hand, backers of the project would cite this as another example of the type of regulatory uncertainty that made it difficult for Southern Company to run the project smoothly and calculate accurate cost estimates.

 
August 9, 2014
Kemper Plant Begins Producing Electricity for Customers
who should pay?

The natural-gas-fired part of the Kemper plant is put into service and begins producing electricity for Mississippi Power customers.

 
August 12, 2014
State Issues Wastewater Permit to Kemper

The state of Mississippi issues a Clean Water Act wastewater discharge permit for the Kemper project.

 
August 13, 2014
Supervisor to Whistleblower: Stop Voicing Safety Concerns
what were the engineers saying?

Brett Wingo is warned by his supervisor, Tim Pinkston from Southern, to stop voicing safety concerns. Mr. Wingo says he will not allow unsafe conditions and demands to see inspection records.

August 18, 2014
Inflated Electric Bills Pinch Public Institutions
who should pay?

Facing an 18 percent rate increase on its electric bill, the city of Ocean Springs, Miss., is forced to ask local soccer clubs to pay an additional fee to keep the lights on at Freedom Field. The rate increase, approved by the PSC, goes to fund the rising costs of construction for Mississippi Power’s Kemper facility. Three local businesses step in to cover the unexpected costs and keep Freedom Field illuminated.


The Ocean Springs Board of Aldermen also considers applying for a grant to install solar-powered lights at the public field. The Ocean Springs Parks and Leisure Department is $7,000 over its power budget, a figure that could rise to $36,000 by the end of the year, city officials say. The situation in Ocean Springs is just one example of the rate hike’s impact on public institutions, small and large, across southeast Mississippi.


Administrators at the University of Southern Mississippi and Pearl River Community College cite the rate increase as one factor leading to planned tuition hikes at both institutions. The University of Southern Mississippi anticipates that the 18 percent rate bump would add more than $1 million to its utilities budget, in less than a year. Administrator Douglas Vinzant says, “That’s a lot of money to this institution.” Both schools are implementing energy conservation measures on campus, but both still anticipate raising tuition for the coming school year.

August 23, 2014
Supervisor Dismisses Concerns Over Defective Pipes
what were the engineers saying?

Brett Wingo calls his supervisor, Brett Wingard, to express his concerns over photographs that reveal defective pipes in the plant. Mr. Wingard dismisses the threat, saying that the pipes were not in a section of the plant that was fully operating. The pictures had been taken on an iPhone by a concerned inspector. Mr. Wingo later pulls the embedded GPS information from the photos and they reveal that the faulty pipes were, in fact, in the section of the plant already operating. “I found out on Friday they were starting it on Monday, and I had all this information that worried the hell out of me,” Mr. Wingo said during the call. “You know, it puts me in a panic mode.” Mr. Wingard says that Mr. Wingo brings a valuable skill set to the company, but he says that Mr. Wingo also needs to pass concerns to management and let them “handle it.”

August 23, 2014
Safety Concerns Worry Plant Engineers
what were the engineers saying?

In a lengthy phone conversation, Brett Wingo and Tim Adams, a chemical engineer at the plant, discuss safety concerns and a lack of accountability at the site. “They were just trying to hit milestones. They wasn’t focused on all the other stuff. That wasn’t their marching orders,” Mr. Adams says of the Kemper construction team. Later in the call, Mr. Wingo says that he wants to see the Kemper project through to the end. Mr. Adams responds: “If we get to a point where it’s obvious we’re finding things that are not going to meet the safety standards that we’re trying to all operate to, then all of us, man, all of us will leave.”

 
August 27, 2014
Mr. Wingo Warned Against Voicing Concerns
what were the engineers saying?

A phone conversation is held between Randall Rush and Brett Wingo. Mr. Rush tells Mr. Wingo that people are fed up with all his warnings: “You’re digging a hole.”

August 28, 2014
Mr. Wingo Retains Attorney, Plans Whistleblower Suit
what were the engineers saying?

On a conference call, Brett Wingo tells Brett Wingard, project manager at Southern Company Services, and Randall Rush, general manager of Gasification Technologies at Southern, that he has retained an attorney and intends to sue Southern Company for retaliation, citing Sarbanes-Oxley and OSHA rules. When Mr. Rush questions Mr. Wingo about his prior fights over alleged schedule manipulation, Mr. Wingo tells Mr. Rush and Mr. Wingard, “We were about to break a fucking federal law!” To which Mr. Rush responds, “You’re not a lawyer, Brett.” They then turn to safety concerns. Mr. Wingard implies that inspection records for the Kemper project are not needed because, in his professional opinion, “the plant is safe.” Mr. Rush tells Mr. Wingo he’s the best damn engineer he’s ever had but “you wouldn’t stay in your box.”

August 29, 2014
Whistleblower Placed on Administrative Leave
what were the engineers saying?

Brett Wingo is put on paid administrative leave. In a phone call, Ryan Brown, an engineer responsible for overseeing the assembly of compressors, complains that he is routinely being handed work from the construction teams that has missing inspection records, valves, gaskets, supports, and electrical connections, or that was installed backward or not according to plans. “I’ve not taken a single package that I haven’t had to go back and do some sort of repair or rebuild on,” he says. Later in the call, Mr. Brown adds that he does not believe the plant will be fully operational until the spring of 2016. Workers in other calls have similar complaints about the quality of construction work and often attribute the poor workmanship to a rushed schedule.

 
September 5, 2014
Southern CEO Sells $47 Million in Shares
what were the engineers saying?, scalable and commercially viable?

Southern Company's C.E.O., Tom Fanning, sells nearly $47 million worth of his Southern shares, more than 90 percent of his stake in the company. Southern Company says in a statement that the sale was, “A routine part of his long term financial planning.” A few weeks later, Brett Wingo and his fellow engineers voice skepticism about the official reason given for the stock sale and they wonder aloud whether the C.E.O. has lost confidence in the project. “Did you know he did that because he is in the process of a divorce?” asks Donald Falletta, a plant engineer, sounding sarcastic. “Maybe he’s going to check out,” Brent Duncan suggests.

September 8, 2014
Whistleblower’s Colleague Doubts “Grand Conspiracy”
what were the engineers saying?

In a tense exchange by phone with Brett Wingo, Landon Lunsford, a plant engineer, says, “Nobody sees the big puzzle and grand conspiracy that you see.” He adds, “I’m concerned about you personally. I’m concerned about your family. I’m concerned about myself and getting wrapped up in a bunch of mess.” In the same conversation, Mr. Lunsford says, “There are concerns all over the place that corners are being cut.”

September 12, 2014
VIDEO: Chinese Plans for a Kemper Plant: “Near-Zero Carbon”
what was the company's view?

A Sino-American Clean Coal Technology Seminar is held in the Chinese city of Dongguan, where a coal gasification plant is being restarted. Dongguan is collaborating with the U.S. Department of Energy and some American high-tech energy companies to jointly develop clean and efficient coal gasification power. The translated captions of a short video from the event say that the Chinese plant is “similar to Kemper” and “will make profit from its byproducts, such as sulfur, ammonia, high-quality coal ash.” This type of coal technology dissemination has been a long-term goal of Southern Company and its federal backers. The Chinese plant will be able to gasify low-grade coal for power generation “with only half the cost of natural gas,” seminar presenters say. They add that the technology has the capacity to “achieve a near-zero carbon emission level.” The plant in Dongguan is one of more than 800 research projects supported by the Ministry of Science and Technology of China.

 
September 23, 2014
Mr. Wingo Sends His Proof to Management
what were the engineers saying?

Brett Wingo sends a binder, an inch and a half thick with documents detailing his whistleblower complaints and corroborating his allegations, to Kim Greene, the chief operating officer of Southern Company Services.

October 1, 2014
Energy Dept. Updates Contract with Southern
who should pay?, what was the company's view?

The Department of Energy updates its contract with Southern Company, detailing terms for providing federal funds to the Kemper project. The document specifies a number of requirements for Southern, including the filing of reports whenever delays or “adverse conditions” impair the company’s ability to meet its objectives. The problems that Southern is supposed to report to federal energy officials, according to the contract, include cost overruns and changes in the perceived environmental impact of the project. Some environmental advocates will later question whether Southern has fully complied with this reporting requirement. The contract also details the parameters of intellectual property rights related to technology used at the project. Starting in Section III, the contract clarifies that even though this project is receiving federal funding, Southern Company maintains its rights to license and sell the technology developed at the plant. This is important because Southern has assured investors that Kemper will provide the company with technology that can be marketed abroad. Indeed, in December 2015, Southern signed a letter of intent with a South Korean company for use of its technology in that country.

 
October 9, 2014
Engineer Laments Kemper: “So Messed Up”
what were the engineers saying?

Landon Lunsford, a plant engineer who at various points voiced ambivalence about the Kemper project, calls Mr. Wingo. “I don’t necessarily put everything together the same way you do,” Mr. Lunsford says. “But I think you’re closer to right than wrong.” Later in the call he adds, “I can’t even believe, this is so surreal. I can’t even believe I’m involved in something so messed up.”

October 28, 2014
Southern Announces Costs Up $496 Million
scalable and commercially viable?, what was the company's view?

Southern announces that the cost of the Kemper plant has risen by $496 million.

October 29, 2014
Additional Costs from Extended Schedule
who should pay?, what was the company's view?

During an earnings call, Tom Fanning, Southern's C.E.O., says that there are additional costs for Kemper of $418 million, of which $310 million was caused by schedule extensions. Dan Jenkins, an analyst with the state of Wisconsin Investment Board, asks if the syngas production would start July 2015. Mr. Fanning replied, “That's a good general date. I wouldn't get that precise, but yes.”

 
October 29, 2014
Misdirected Gases Cause Major Safety Concern
what were the engineers saying?

In a recorded phone call, Landon Lunsford, a plant engineer, recounts how workers discovered one night that a large section of outdoor exhaust pipe was glowing cherry red because 1,400-degree gases were misdirected through it. “That’s so egregious what they did,” Mr. Lunsford says. “That’s so bad that they made people all over the company stand up and say this is ridiculous.” Mr. Lunsford says that the incident cannot be considered an anomaly because it is the culmination of other safety issues at the plant. Brett Wingo and Mr. Lunsford agree that since the incident, the company has been doing more to ensure safety at the plant. “I hope it’s a change and not just a reaction,” Mr. Lunsford says.

November 12, 2014
Utility Official: Southern Will Absorb Overruns
what was the company's view?

Asked in an interview about the rising costs of the Kemper plant, a Mississippi Power official says there's no need to panic. "Anything above the cap cost as we agreed to with the commission has been absorbed by the Southern Company stockholders," John Huggins says, "Almost $2 billion worth of write-off has taken place." Kemper’s cost recovery, as approved by the PSC, resulted in an 18 percent rate increase, in effect since March 2013. Mr. Huggins says there's no additional rate increase for the cap portion of the plant, but there will be a 4 percent to 5 percent rate increase after commercial operation starts sometime in 2016. “The Kemper Plant's 65 percent CO2 capture will result in about 2 million barrels of oil produced in Mississippi,” he adds. He also says that the plant will also sell sulfuric acid and ammonia into the market, which goes to plants in Mississippi producing pulp and paper. Further, he says, countries across the world are studying the clean processes used at the Kemper plant.

November 13, 2014
Kemper Engineer: “Getting My Resume Ready”
what were the engineers saying?

Matt Nelson, a plant engineer, says in a recorded phone call, “I’m getting my resume ready, I can’t do this any longer.” Mr. Nelson and Brett Wingo joke about going to work for Home Depot or a golf course. “You know what, that’s not too bad,” Mr. Nelson says. “Sounds kind of fun.”

November 13, 2014
Kemper Construction Increased Local Tax Revenue, Crime

A news report discusses the benefits of the number of workers at the plant decreasing.

On the one hand, it says that Kemper County Economic Development Authority executive director, Craig Hitt, expects that some businesses, like new RV parks housing construction workers, will be forced to close down. But the impending decrease in population will have its benefits. Sheriff James Moore says crime has risen about 25 percent since construction started, with most of the increase from drug and property crimes. "I think crime will go back to its normal rate," he says. "Not saying that the coal plant, those employees, brought that much crime here, but with them coming here, yes, it increased crime. It brought other criminals from other places because you had more people populating Kemper County, so there was more to deal with.” The population spike also increased local tax revenues. Kemper County administrator Andrew Smith says that the county saw $8.12 million in tax revenue just from the coal plant.

December 9, 2014
Major Law Firm Meets with Whistleblower
what were the engineers saying?

Walter Davis and Rebecca Thornhill of the Jones Day law firm hold meetings with Brett Wingo, a whistleblower from the Kemper plant, to hear his concerns in detail.

2015
January 15, 2015
State Senator Praises PSC Cost Cap
who should pay?

In an article in a Jackson, Miss., newspaper, The Clarion-Ledger, former State Senator Tony Smith says that he applauds the PSC for capping Kemper construction costs that can be passed on to customers.

January 18, 2015
Whistleblower Settlement Discussions Break Down
what were the engineers saying?

Settlement discussions between Mississippi Power and Brett Wingo break down.

February 4, 2015
2013 Kemper Overruns: $729 Million Charge to Shareholders
scalable and commercially viable?, what was the company's view?

During an earnings call, Southern Company reports that its 2013 results include after-tax charges of $729 million or $0.83 per share related to increased cost estimates for construction of the Kemper project. Art Beattie, Southern Company's chief financial officer, says the company is required to have proof by April 2016 that the plant can capture 65 percent of its carbon for the project to qualify for investment tax credits.

 
February 11, 2015
Kentucky Congressman Criticizes Kemper Plant
what were the engineers saying?, scalable and commercially viable?

At a hearing held by the U.S. House Subcommittee on Energy and Commerce, Representative Edward Whitfield, Republican from Kentucky, criticizes the Kemper plant and the Environmental Protection Agency’s carbon emission standards. “The Kemper plant, from which these emissions standards were developed,” Mr. Whitfield says, “is a plant that's two years behind schedule. Billions of dollars over budget.” Mr. Whitfield cites utility experts who have said that carbon capture technology cannot be done in a “commercially viable way where they can be competitive.”

February 11, 2015
Miss. Power: Overruns Will Not Impact Customer
what was the company's view?

The Kemper County Messenger quotes Ed Holland, Mississippi Power C.E.O., as saying that the Kemper project’s cost increase “will not impact our customers.” He adds that the utility expects to have the plant in operation in the first half of 2016. “Employees are focused on start-up testing of systems and equipment; work that requires precision and takes time. We will not compromise safety to bring the plant online sooner," he says. “Safety is a core value at Mississippi Power and nowhere is that demonstrated more clearly every day than with the Kemper project which has an exemplary safety record, close to seven times better than the national average for a construction project.”

February 12, 2015
Mississippi Supreme Court Orders Ratepayer Refunds
who should pay?, what was the company's view?

The Mississippi Supreme Court rules that prior PSC-approved rate increases for Mississippi Power – of 15 percent in 2013 and 3 percent in 2014 – were unjustified. The court decision, which would require Mississippi Power to refund utility customers roughly $377 million, is a rebuke to the PSC, and a major blow to Mississippi Power and its parent, Southern Company, who had been relying on state regulators to help spread out the cost of the Kemper project. Meanwhile, in Washington, D.C., federal Secretary of Energy Ernest Moniz appears before the Senate Committee on Energy and Natural Resources to discuss his agency’s 2016 budget. Senator Bill Cassidy, Republican from Louisiana, cites a 30 percent cost overrun at the Kemper plant and asks whether the ratepayer or someone else should pay for it. Mr. Moniz replies that agency provided the project federal funding early. “My understanding is that the cost overrun is being shared between ratepayers and Southern Company,” Mr. Moniz adds.

 
February 14, 2015
Mr. Wingo Files Claim Through OSHA
what were the engineers saying?

Brett Wingo files a retaliation claim with the U.S. Department of Labor through OSHA. In the filing, Mr. Wingo writes that there is “willful deception” occurring at the plant. “There are decisions being made, shortcuts being taken, concessions being granted, issues being ignored (some that might classify as safety related-like the measly time allotted for operator training), too many to list, all in support of a schedule that many of us know to be a sham,” he writes. Mr. Wingo alleges that Southern Company paid millions of dollars in unnecessary expediting fees and that the company published incorrect information regarding the schedule.

 
February 19, 2015
Southern Sues Brett Wingo
what were the engineers saying?

Southern Company files a lawsuit against Brett Wingo because he would not agree to a settlement that was negotiated between Southern’s lawyers and his counsel. The company’s lawyers say that they have no other way to remedy their situation and ensure that Mr. Wingo agrees to “keep certain matters confidential.” In a separate filing, the company asks for a temporary restraining order against Mr. Wingo to prevent his violation of an alleged confidentiality agreement while the larger dispute is settled. In their primary suit, Southern alleges that Mr. Wingo agreed to a settlement in which he would be paid to keep quiet and leave his job, but that he had failed to comply with those terms. The company’s settlement offer was over $900,000, according to court records. Mr. Wingo says he never agreed to the settlement.

 
February 21, 2015
Southern Funds Researcher That Denies Global Warming Risks
what was the company's view?

Documents obtained through open-records requests by Greenpeace, an environmental group, reveal that over the past decade, Southern Company Services, a subsidiary of the Southern Company, paid at least $409,000 to fund the research of Wei-Hock Soon, known as Willie, a scientist at the Harvard-Smithsonian Center for Astrophysics who claims that variations in the sun’s energy can largely explain recent global warming, according to an article in The New York Times. Widely viewed as one of the foremost researchers denying the risks of global warming, Mr. Soon accepted more than $1.2 million in money from the fossil-fuel industry over the last decade while failing to disclose that conflict of interest in most of his scientific papers.

 
February 22, 2015
Plant Will Generate $75 Million in Taxes
what was the company's view?

The Meridian Star reports that the Kemper plant is expected to "pump $12 million of tax-based revenue into Kemper County." The story says "this figure should hold for the first 10 years the plant is operational. Mississippi Power officials said the plant will generate $75 million in state and local taxes, and once operational, $30 million annually to state and local taxes over the life of the plant."

February 25, 2015
Congressman: Kemper $3 Billion Over Budget
scalable and commercially viable?

In a U.S. House of Representatives hearing on the Environmental Protection Agency budget request for fiscal year 2016, Representative Tim Murphy, Republican from Pennsylvania, says that the Kemper project is $3 billion over budget. At the hearing, Administrator Gina McCarthy is harshly questioned on clean coal technology. Mr. Murphy is especially critical. “In all the projects that I just went over that are cited by the E.P.A.,” he says, noting the Kemper plant as one example, “They haven't been completed. Some haven't been started. One has been discontinued. One isn't even in this country and none of them are large scale.” In a news release following the hearing, Mr. Murphy adds that there are no commercially viable large-scale carbon capture and sequestration plants. He also emphasizes that the Kemper project, cited by the Environmental Protection Agency in its proposed mandate, is unfinished.

February 25, 2015
Southern’s Suit Against Mr. Wingo Made Public
what were the engineers saying?

Investigative reporter Eddie Curran is among the first to write about a lawsuit between Southern Company and whistleblower Brett Wingo. Mr. Curran also writes on his blog, mrdunngoestomontgomery.com, about the extensive lobbying that former Mississippi Governor Haley Barbour has done for Southern Company. Steve Wilson of Watchdog.org has also reported extensively on the Kemper project.

February 27, 2015
Mr. Wingo Sued: “David Versus Goliath”
what were the engineers saying?

In a phone call, Mr. Wingo and his colleague, Eamon Hogg, discuss the lawsuit Southern Company has brought against Mr. Wingo. “It’s pretty crazy,” Mr. Hogg said. “To me it seems like David versus Goliath.” They also address the attention Mr. Wingo has received from the media and environmental groups. “I’m getting friends that I don’t want,” Mr. Wingo says. “I’m not necessarily into Greenpeace and all those. My enemy’s enemy is not necessarily my friend. That’s not what I want this to turn into.”

February 27, 2015
Kemper Engineer: Managers “Were Told to Lie”
what were the engineers saying?

Donald Falletta, an engineer at the plant, says in a phone call that he believes plant managers were being told to lie about the pace of progress at the plant. "I think they are all doing what they’re told to do, that they were told to lie, that they were told to be politically correct and paint a pretty picture and all that stuff that they still do all the time,” Mr. Falletta says.

March 1, 2015
Plant Engineers: Schedule “Wasn’t Doable”
what were the engineers saying?

Brett Wingo asks Brent Duncan, an engineer at the plant, if he believed at the beginning of 2014 that the plant would be finished by the end of that year, as Southern Company had been stating publicly. “I didn’t think it was doable back then,” Mr. Duncan says. Mr. Wingo then says, “You knew it wasn’t doable. And I knew it wasn’t doable."

March 3, 2015
Engineer: Will Company “Try to Silence Us?”
what were the engineers saying?

Tim Adams, an engineer at Kemper, calls Brett Wingo to say that he is frustrated with how the project is being run. He says that he is considering leaving the project and taking a job elsewhere. He asks Mr. Wingo if he is legally allowed to speak publicly about the plant after he leaves. “Once we resign,” Mr. Adams asks, “do you think they will try to silence us?”

March 7, 2015
Colleague Warns Whistleblower Against Self-Representation
what were the engineers saying?

Brett Wingo’s colleague, Donald Falletta, calls Mr. Wingo to warn him against representing himself in court. “You’re outgunned buddy. You’re outgunned, and I told you that when we started down this road.”

March 9, 2015
Mississippi Power Touts First Fire
what were the engineers saying?

Mississippi Power issues a news release saying the Kemper plant reached “one of its most significant milestones to date,” the successful first fire of the plant’s gasifiers. The "first fire" term has a very specific engineering definition, and should have involved the "controlled circulation of sand and/or ash inside the various parts of the gasifier." A "first fire" should also involve, among other steps, heating the gasifier to temperatures suitable for gasification of coal, which is about 1,800 degrees Fahrenheit. These steps did not actually occur, even though the company said publicly that they did, according to comments from gasifier engineers from the plant during the recorded calls. Joe Miller, Kemper's startup manager, is quoted in a press release saying, “It is exciting to see more than 20 years of engineering and testing now taking shape at this first-of-its-kind facility.” Later that day, in a phone call, Brett Wingo and his colleague, Brandon Davis, joke about the news release, saying the “significant milestone” was something far less. Mr. Davis says, “Yeah, we burned natural gas in a pilot. I accomplish that every day in my garage.” Later in the call he adds, “Matt and I were joking this morning there would probably be a press release.”

 
March 12, 2015
Miss. Power Asks for Rehearing on Rate Reversal
scalable and commercially viable?, who should pay?

Mississippi Power Company files an application to the Mississippi Supreme Court for a rehearing. In its filing, Mississippi Power Company asserts that the PSC appropriately used its authority under state law and that the PSC and the legislature are vested with the authority to set rates, not the Supreme Court. This is just one of many chapters of a broader fight between regulators and the judiciary over who should control the project and whether they were imposing enough oversight to ensure that it remained affordable.

March 25, 2015
Lawsuit Against Mr. Wingo Withdrawn
what were the engineers saying?

Southern Company Services withdraws its lawsuit against Brett Wingo, without prejudice. Mr. Wingo calls his friend and colleague, Donald Falletta, to share the news. “I’m happy for you on this small victory, I hope it all culminates rapidly, man,” Mr. Falletta says. Later in the call he adds, “Hug that wife. She’s been through a damn roller coaster ride.”

March 26, 2015
Southern Company Refutes Whistleblower Claims
what were the engineers saying?

Troutman Sanders, the law firm representing Southern Company, sends a letter to OSHA refuting Brett Wingo’s whistleblower claims.

 
April 5, 2015
Business Groups Support Miss. Power

The Meridian Star reports that, in addition to the Kemper plant, there is a lignite coal mining operation led by the North American Coal Corporation. The mine has been operational since July 2013 and at that time has 117 full-time employees, the story says. The newspaper also reports that Mississippi Power C.E.O. Ed Holland has said that if the utility has to borrow the money for court-ordered rate refunds, that cost along with interest on the loan would force the company to seek a rate increase between 35 percent and 40 percent. In response to the fight over rate increases, the newspaper says that three of Mississippi's biggest business groups have filed friends of the court (amicus curiae) briefs in support of the utility’s position. They included the Mississippi Economic Council and the Gulf Coast Business Association. They all agree that a 24 percent power rate increase is much better than a 40 percent increase.

April 28, 2015
Southern: Kemper Online in 2016
scalable and commercially viable?, what was the company's view?

Southern Company issues promotional materials that detail benefits of the project and claim the Kemper plant is expected to be operational in the first half of 2016.

 
April 29, 2015
Southern Hopes to Revive 2013 Rate Hikes
scalable and commercially viable?, who should pay?, what was the company's view?

Designing the carbon-capture technology was difficult enough. Funding the Kemper project was perhaps harder. It has long been dogged by questions of how much it will cost, how much is too much, and who should pay. During an earnings call, Southern officials describe a recent Mississippi Supreme Court ruling that ordered the company to refund customers for prior rate increases and threw out a 2013 consent agreement that capped the amount ratepayers could be charged for construction. When read together over time, Southern’s earnings calls highlight the long debate over who should pay for the plant. In this earnings call, Tom Fanning, Southern’s C.E.O., says that the company is attempting to revive the 2013 consent agreement in talks with the state. “The settlement would essentially preserve the structure, which would mimic what was approved in 2013,” he says when asked if “pre-funding” is no longer a possibility.

 
May 20, 2015
Electrical Cooperative Backs Out of Kemper Deal
scalable and commercially viable?, what was the company's view?

In a blow to Mississippi Power’s plans, the South Mississippi Electric Power Association, often called SMEPA, backs out of a plan to buy 15 percent of the Kemper plant, citing a study predicting that electricity from the Kemper plant would cost more than previously projected due to escalating construction costs. In later conversations with critics of the plant, South Mississippi Electric Power Association officials cite Southern’s attempt to scale up from the pilot project in Alabama that was only a hundredth of the size of the Kemper plant as the project’s original and biggest mistake. The officials say that normally projects jump just ten-fold between model and commercial demonstration. The association’s withdrawal, which comes three months after the Mississippi Supreme Court ordered the utility to refund ratepayers for prior rate hikes, adds even more financial pressure on the utility.

May 24, 2015
Kemper Engineer Bemoans “Wasted Money"
what were the engineers saying?

In a phone call, Brent Duncan, a plant engineer, and Brett Wingo discuss problems with management and the schedule at Kemper. “There is so much non-accountability on all the construction timeline and wasted money there.” Mr. Duncan says, “The way this whole project site has been run is just terrible.” He adds later that he is “burnt out.” Mr. Wingo compares Mr. Duncan to “Atlas” for thinking he can “hold the whole weight of the world” on his shoulders.

June 9, 2015
West Virginia Senator Criticizes Kemper
scalable and commercially viable?

In a hearing held by the U.S. Senate Committee on Energy and Natural Resources, Sen. Joe Manchin, Democrat from West Virginia, uses the Kemper plant as an example of a struggling carbon capture project saying, “They can’t afford to commercialize that program.”

June 11, 2015
Mississippi Supreme Court Upholds Rate Rebates
who should pay?

The Mississippi Supreme Court reaffirms its earlier decision to reject the 18 percent rate increase that the PSC had approved on behalf of Mississippi Power. In this latest order, rejecting Mississippi Power’s motion for rehearing, the Justices harshly fault the PSC for sealing thousands of pages of documents. "The commission's decision to govern in a cloak of secrecy and to grant confidentiality to rate-impact information was arbitrary and capricious."

 
July 10, 2015
Utility Requests Rate Relief

Mississippi Power asks the PSC for rate relief to help avoid a financial crisis and pay for Kemper project costs.

July 17, 2015
Mississippi Power Touts Local Partnerships
what were the engineers saying?, what was the company's view?

Mississippi Power Company issues promotional material touting the plant's partnerships with "540 Mississippi companies, with contracts worth more than $1.6 billion" and the college scholarships it has given to local students. In a phone call, Brett Wingo asks a plant engineer Brent Duncan if he believes that the plant will be shut down due to losses. Mr. Duncan responds, “Oh yeah, I’m worried.”

 
July 29, 2015
Southern CEO: Kemper Still “Within the Contingency”
scalable and commercially viable?, who should pay?, what was the company's view?

In an earnings call for the second quarter of 2015, Tom Fanning, C.E.O. of Southern Company, says that the Kemper project was “within the contingency.” When pressed by an analyst from Wolfe Research on the meaning of this statement, Mr. Fanning explains that the unforeseen costs associated with the Kemper plant are less than the funds that Southern Company had set aside.

 
July 31, 2015
Plant Engineer Recounts Struggles with Management
what were the engineers saying?

Brent Duncan, a plant engineer, complains during a phone call that gaskets in the plant that need to be replaced are being resealed instead. He recounts telling a manager, “I’m on an escalator with you guys and I keep going backwards.” He adds, “The escalator just keeps taking me further away from the goal.” Later in the call, still referring to plant managers, Mr. Duncan says, “I wish I could throw down thunder and lightning on people. I really would. I mean, I really would. Just, boom. Boom. Boom.”

 
August 13, 2015
PSC Approves Emergency Rate Increase
scalable and commercially viable?, who should pay?

The PSC approves a temporary 18 percent rate increase to save Mississippi Power from bankruptcy. Commissioners vote two-to-one to allow the increase. The vote comes one week after a public hearing on the power company's request to raise its rates. At that hearing, Mississippi Power officials testified that unless the rate increase was granted, the company would run out of money by the end of the year. The PSC approves the temporary hike, with a prudency hearing to come, with a final decision on a permanent increase anticipated in December.

August 14, 2015
Whistleblower Fired for Lack of “Mutual Trust”

In a recorded call, Jeff Peoples, a Southern official, informs Brett Wingo that on February 15, 2016, Mr. Wingo’s employment at Southern Company will be terminated. “We just don’t feel that there’s enough mutual trust,” Mr. Peoples says in response to Mr. Wingo questioning the reason for his termination. Mr. Wingo asks Mr. Peoples to clarify his position, to which Mr. Peoples responds, “I really don’t want to elaborate on all that.” Mr. Peoples adds that he does not believe Mr. Wingo is willing to take direction from upper management. Mr. Wingo responds, “The decisions I made -- I was just following our code of ethics. And I felt the duty to act.”

August 16, 2015
EPA: Southern Tops Ranking in Greenhouse Gas Emissions

The Environmental Protection Agency reports that three Southern Company coal plants are in the top eight plants ranked by highest amounts of greenhouse gas emissions. Among the largest coal-based power companies in the country, Southern historically has owned the nation's most polluting power plants and it has a near monopoly on electrical customers in the southeast United States.


In political campaign contributions, Southern is just behind Exxon and Koch Industries, giving over $6 million since 1999, about 70 percent of it to Republicans. Before becoming governor and one of the Kemper project's most public proponents, Haley Barbour was one of Southern's chief lobbyists, and Mr. Barbour's firm helped orchestrate moving about $270 million in federal subsidies from a canceled coal plant in Florida to Mississippi.


Though the company draws strong support from the Energy Department, and Energy Secretary Ernest Moniz regularly appears at events with C.E.O. Tom Fanning, Southern has also been among the most vocal opponents of the Obama administration's proposed regulations to limit power plant pollution and it has funded a prominent scientist who denies climate-change science. Southern has also invested in solar projects, like a $100 million solar farm that its subsidiary, Mississippi Power, is building in Hattiesburg, Miss.

August 24, 2015
Plant Engineer Voices Construction Concerns
what were the engineers saying?

John Shiver, an engineer who was supervised by Mr. Wingo before Mr. Wingo was put on administrative leave, complains in a recorded call that construction projects at the plant have to be “redone and redone.” “I don’t know why there’s so many problems with so much stuff,” Mr. Shiver says. “They’re able to just keep reworking on the same darn thing,” he adds.

September 2, 2015
Plant Engineer Voices Management Concerns
what were the engineers saying?

Brett Wingo calls Landon Lunsford, a project engineer, to warn him about safety issues at the plant. Mr. Lunsford complains about mid-level managers saying, “they are completely out of their league. By the time the message gets to Tom Fanning, it’s so muddled and messed up that he’s not hearing the truth.” Mr. Fanning is the C.E.O. of Southern Company.

 
September 16, 2015
Southern Law Firm to OSHA: Whistleblower Cannot Be Reinstated

Troutman Sanders, the law firm representing Southern company, sends a second letter to OSHA explaining why Brett Wingo cannot return to work. “It would be very difficult to bring Mr. Wingo back to work in light of his allegations of unethical behavior and criminal misconduct on behalf of the company.” The letter also says that Mr. Wingo asked to be placed on administrative leave, and did not request to return to work until settlement negotiations took place.

 
September 25, 2015
Plant Engineer: Kemper Hides Its Mistakes
what were the engineers saying?

In a call, Brett Wingo complains that Southern Company wasted money on a vendor that produced poor-quality work instead of firing and replacing them with a qualified vendor. “We’re going to look real stupid,” Mr. Wingo says. Landon Lunsford, a plant engineer, replies, “Nobody will ever know that. It will never see the light of day. You think that’s the thing that is going to make us look stupid? We hid a lot bigger deals than that.”

September 29, 2015
Delay May Force Repayment of Tax Credits
what were the engineers saying?

Southern Company releases a statement saying that the Kemper plant is not expected to be operational until after April 19, 2016. Prior to this date, the company had claimed the plant would be operational by March 31, 2016. Because of the expected delay, the company may be responsible for repaying $234 million in investment tax credits to the I.R.S. Later in the day, whistleblower Brett Wingo and Brent Duncan, an engineer in the coal drying division of the plant, discuss the news. Remarking on his frustration with leadership at the plant site, Mr. Duncan says, “I am so tired of hearing, ‘It’s a million dollars a day.’ They don’t act like it. They don’t do anything like it’s a million dollars a day. Nothing.” Later in the call, he adds, “They don’t plan.”

 
October 5, 2015
Miss. Power: State Let Us Down
who should pay?, what was the company's view?

In an interview with local media, Ed Holland, Mississippi Power's C.E.O., says, “We would not have built the plant had we known we would not get construction work in progress,” referring to a policy that allows utilities to charge ratepayers for a plant before it is complete. "That commitment was made to us. Had we gotten it, the rate impact would have been far, far less."

October 9, 2015
Utility Consultant Warns Regulators of Risk to Ratepayers
who should pay?, what was the company's view?

Michael Gorman, a public utility regulation consultant, testifies before the PSC. He advises that the regulators should “carefully evaluate and confirm that there are economic benefits to ratepayers” before the risk of issuing bonds is placed on Mississippi Power customers. Mr. Gorman quotes Ed Holland, C.E.O. of Mississippi Power, saying, “Southern Company is not required, and cannot be compelled, to support MPC.” The point that Mr. Gorman appears to be making is that Southern Company may not bail out Mississippi Power Company if the the subsidiary were to go bankrupt.

 
October 21, 2015
PSC Candidate Calls For Prudency Hearing
who should pay?

Sam Britton, Republican candidate for the Southern District seat on the PSC, says that there should be no Kemper rate increases until a prudency hearing is held. He also says that he is aware of Mississippi Power’s financial difficulties, but that those difficulties, on their own, do not justify a rate increase. Any long-term decisions about Kemper should be made only after the newly elected commissioners take office, he adds.

October 23, 2015
Final Rule on Clean Power Plan
scalable and commercially viable?

The Environmental Protection Agency publishes its final rule for limiting carbon pollution from existing power plants, known as the Clean Power Plan. In the rule, the agency determines that carbon capture and sequestration is not the best system for reducing carbon pollution at existing plants, because it would be “more expensive” and “potentially less effective” at reducing emissions than other measures. At the same time, the E.P.A. also states that for some power plants, "CCS technology may be a viable option . . . particularly where the captured CO2 can be used for enhanced oil recovery.”


The E.P.A. cites power plants in Texas and Canada as examples of plants attempting to retrofit for carbon capture and sequestration. The E.P.A. includes a Southern Company presentation on Kemper, a report from the Mississippi PSC’s Independent Monitor, and a Department of Energy carbon capture task force report that discusses the Kemper project as supporting documents to the rule.


During the public comment period for the Clean Power Plan, prior to the release of the final rule, the PSC, along with Southern Company, opposed E.P.A.’s carbon pollution reduction targets for Mississippi. According to commenters, the E.P.A. overestimated carbon reductions that can be achieved at the Kemper plant and “performance of the technology at Kemper has categorically not been demonstrated.”


Although carbon capture and sequestration will not be required for existing power plants, Kemper has played a role in the drafting of the Obama administration’s climate change rules. Comments on the Clean Power Plan and its precursor speak to the sometimes contradictory way that Kemper is used, by all sides, to advocate for or against carbon capture and sequestration.

 
October 27, 2015
PSC Regulator Questions Justification for Kemper
who should pay?, what was the company's view?

Mississippi Power issues a news release saying that the plant is on schedule to be fully operational in the first half of 2016. The company also announces that the plant will cost an additional $110 million to finish. Cecil Brown, Democratic candidate for the Central District seat on the PSC, says that there was never a prudency hearing held and questions whether the plant is needed at all. He also says that ratepayers should not pay for the mistakes of Mississippi Power and Southern Company.

October 28, 2015
Republicans Back Democrat For PSC
who should pay?

During a Southern Company earnings call, an analyst from Glenrock Associates LLC asks about the timing of the plant becoming operational. “I know we’ve all, me particularly, have had to have patience here, but I think we're taking the right approach,” Southern C.E.O. Tom Fanning responds. Mike Retzer, former ambassador to Tanzania, and Clarke Reed, former GOP state chairman, endorse Thomas Blanton, a Democrat, in the race for the Southern District seat on the PSC. Both say that the Kemper plant is the reason they crossed party lines. Mr. Blanton has long been a vocal critic of the plant. Mr. Blanton’s backers add that Republicans on the PSC and in the legislature want ratepayers to pay for the cost overruns. "The problem goes beyond the PSC, where I hope we can prevail," Mr. Reed wrote in an email announcing his endorsement. “The state Republican leadership seems dug in to the proposition that the ratepayers should pay the $6 billion cost of the Kemper Plant.”

 
October 28, 2015
Power for 250,000 homes
what was the company's view?

The Kemper County Messenger reports that the Kemper plant has already been producing electricity from natural gas, “enough power to serve the needs of 250,000 homes for more than a year.” The article also says that the plant “will be able to collect and sell 140,000 tons of Sulfuric Acid, 22,000 tons of Ammonia, and 3 million tons of CO2 per year. The sale of those items are part of MPC's plans to help hold down customer costs.”

October 30, 2015
Southern Just Trailing Koch Industries in Campaign Contributions
what was the company's view?

OpenSecrets.org updates its data provided by the Federal Election Commission indicating that Southern is just behind Exxon and Koch Industries in political campaign contributions, giving over $6 million since 1999, about 70 percent of it to Republicans.

 
November 3, 2015
Mississippi Voters Elect Kemper Critics
who should pay?

Mississippi voters go to the polls in statewide and local elections. Controversy over the Kemper plant and rate increases have dominated the campaigns for all three seats on the PSC. Incumbent commissioner and long-time Kemper opponent Brandon Presley, a Democrat, wins reelection to his PSC seat in the Northern District. In the Central District, Democrat Cecil Brown defeats Republican Brent Bailey to win the seat vacated by Kemper proponent Lynn Posey. Mr. Brown had voted for the Baseload Act, which authorized the Kemper rate increases, and for the $1 billion Kemper bond issue while a member of the Mississippi House of Representatives, but, like his Republican opponent, he campaigned against Kemper and the PSC rate hikes. In the Southern District, also an open race, Kemper's most vocal critic, Democrat Thomas Blanton, is soundly defeated by Republican Sam Britton, who took a more moderate, though still critical, position on Kemper.

November 5, 2015
Rating Agency Downgrades Miss. Power, Cites Election
who should pay?

Two days after Mississippi voters elect three Kemper opponents to the PSC, Moody's Investors Service, a credit-rating agency, cuts Mississippi Power's debt rating, saying the election “increases regulatory uncertainty and heightens the risk that the utility will not obtain full and timely rate recovery.”

November 9, 2015
Mississippi Power Issues $377 Million In Refunds
who should pay?, what was the company's view?

Mississippi Power Company begins issuing refund checks and bill credits to ratepayers totaling $377 million, in compliance with a Mississippi Supreme Court order that the utility pay back some of the money collected from ratepayers between April 2013 and July 2015. The original rate increases had been imposed to help pay for the Kemper plant.

December 3, 2015
PSC Reduces Rate Increase
who should pay?

The PSC unanimously approves the reduction of previous rate increase from 18 percent to 15 percent. Mississippi Power Company will credit customers for the extra 3 percent collected from August to November. This reduction resulted in roughly a $22 one-time refund to residential customers. Cecil Brown, newly elected to the PSC, says that some of the Kemper plant’s supporters have turned against it. "I can't imagine that a regulator would approve this. I can't imagine that a company would approve this," Mr. Brown said.

December 18, 2015
Southern Challenges EPA Regulations
scalable and commercially viable?, what was the company's view?

Mississippi Power and Southern Company file a petition challenging the Environmental Protection Agency rule limiting carbon pollution from new, modified, or reconstructed fossil-fuel power plants. This rule is a prerequisite to the standards set for existing plants, commonly known as the Clean Power Plan. In the rule for new plants, the E.P.A. discusses examples of carbon capture technology, including the Kemper plant. Southern Company questions whether this technology can be be legally mandated under the new rule.


Despite advances in technology, Southern says in its comments on the rule, carbon capture “has not been adequately demonstrated on a commercial-scale.” Therefore, Southern says, it cannot be required as the national standard for new coal-fired power plants. The Kemper project is important and innovative, Southern says, but a second generation of carbon capture and sequestration projects are needed to show “commercial availability and economic viability of CCS technologies.”


This comment from the company highlights a dichotomy that runs throughout the history of this project. On the one hand, Southern argues that the Kemper plant is a model for the nation and the world, an example that other states and countries should replicate and that the company intends to sell abroad. For occasions when the company presented this view, see: June 15, 2004; March 13, 2008, May 26, 2009; July 28, 2010; Nov. 5, 2012; June 1, 2013; Oct. 1, 2014.


On the other hand, Southern also contends that the Kemper project is distinct and not readily transferable or affordable enough to use elsewhere. Aside from these comments to the E.P.A. rule, other examples of the company espousing this view can be seen on Feb. 11, 2008; Feb. 13, 2008; and March 13, 2014.


If the utility succeeds in its challenge to the rule for new plants, it could create problems for the implementation of the Obama administration’s Clean Power Plan. The E.P.A. later rejects these comments, opening itself up to a lawsuit by the company.

 
December 22, 2015
Plant Engineer Told To Hold Emails
what were the engineers saying?

In a call, Landon Lunsford, a plant engineer, tells Brett Wingo that he received an email from Southern Company’s legal department telling him to “hold all emails related to Kemper” for the Securities and Exchange Commission. The two men speculate on why the federal agency might be investigating. “It was only a matter of time,” Mr. Wingo says. Mr. Lunsford says that he agrees. Later in the conversation, Mr. Lunsford comments on cost overruns and project delays: “It has nothing to do with the design, it has nothing to do with the technology, it just has to do with poor project management.” Mr. Lunsford says that the company will never admit to that because it will draw the ire of regulators. “As long as they can talk away the results as attributable to something else other than just poor performance,” he says, “the other public service commissions can’t hold them over the fire as much.”

December 29, 2015
Southern to OSHA: Not Confident in Whistleblower’s Abilities
what was the company's view?

Southern Company writes a third letter to OSHA, this time through Jeff Peoples, a company official. Mr. Peoples says that Brett Wingo cannot return to work because Southern is “not confident of his skills, knowledge and abilities to perform as a capable employee for Southern Company Services.” In a previous letter to OSHA, the company cited Mr. Wingo’s allegations against the company as the reason he could not be reinstated. Under federal whistleblower protections, employees are not allowed to be fired for raising concerns about safety or fraud. Three months after this letter, OSHA wrote the company saying that Southern is in violation of those whistleblower protections.

 
2016
January 3, 2016
PSC Regulator Calls Kemper a Financial Mess
who should pay?

Brandon Presley, a commissioner on the PSC, says that Kemper is experiencing financial difficulty and that the project is a financial mess.

January 5, 2016
New PSC Commissioners Sworn In

Two new members of the Commission are sworn in. Brandon Presley, who has been critical of Kemper in the past, is re-elected. Both new commissioners ran on an anti-Kemper platform, as did their general election opponents.

January 5, 2016
Southern Reports Cost Overrun & Repair Needed
scalable and commercially viable?, what was the company's view?

Southern Company says, in its filing to the Securities and Exchange Commission, that it is re-evaluating the startup schedule for Kemper because of needed repairs to the refractory linings in the gasifier, which turns coal into syngas. A failure of these linings could present a serious safety hazard. The report also indicates an $11 million cost increase, related to continuing construction of the plant.

 
February 3, 2016
Southern CEO Says Delays Unfortunate
scalable and commercially viable?, what was the company's view?

An analyst from Jefferies LLC, an investment banking firm, questions Southern C.E.O., Tom Fanning about delays at Kemper. Mr. Fanning responds that he “didn’t like the delay, but we think it will serve us right in the long run.” Separately, Mr. Fanning adds that he thinks “there’s tremendous demand for CO2,” which the Kemper plant intends to exploit, selling captured carbon as a byproduct.

 
February 9, 2016
US Supreme Court Halts Clean Power Plan
scalable and commercially viable?

The United States Supreme Court decides to temporarily halt the Obama administration’s climate change regulation that imposes strict rules on carbon emissions from power plants. Critics of the regulation claim that the rules could deal a fatal blow to the coal industry, and would cause customers’ power bills to jump 25 percent. Among their critiques is that the regulations cite carbon sequestration as a method for the coal industry to stay in business, but that carbon capture technology, like that employed at Kemper, is not sufficiently proven, scalable or commercially viable. Supporters of the regulation say that it is essential to the Obama administration’s plan to reduce United States carbon emissions 26 percent by 2025.

February 19, 2016
Organizations Challenge Clean Power Plan
scalable and commercially viable?

States, trade groups, advocacy organizations, and companies that include Mississippi Power file their opening brief in federal appeals court, challenging the Obama Administration’s Clean Power Plan, a proposed rule to control carbon emissions from the nation’s existing power plants. The petitioners oppose new reporting requirements for enhanced oil recovery, an oil extraction method that can also be used to store carbon captured from power plants. Mississippi Power plans to sell the carbon captured from Kemper for enhanced oil recovery and thereby recoup some of the construction costs of the plant. Carbon capture technology, like the system planned for Kemper, will not be required under the Clean Power Plan. Nonetheless, the Kemper project has played a role in shaping the Obama Administration’s new climate change rules and fueled coal industry arguments against regulation. Clean Power Plan critics say Kemper is an exceptional facility that cannot be used as a benchmark.

 
March 2, 2016
Lawsuit Filed By Ratepayers Alleges Fraud
scalable and commercially viable?, what were the engineers saying?

Local businesses file a lawsuit against Mississippi Power Company alleging that the utility defrauded them, in part by covering up known delays and budget overruns. The lawsuit says that Brett Wingo tried to warn company executives of an unrealistic schedule as early as 2012, but “his warnings fell on deaf ears.” The Kemper project has been “characterized by a runaway escalation of the original cost estimates,” the lawsuit says. It adds that Mississippi Power received an emergency rate increase from the PSC in August 2015 because the utility had “mismanaged itself to the brink of bankruptcy.”

 
March 6, 2016
West Virginia Congressman Criticizes Kemper
scalable and commercially viable?

Representative Dave McKinley, Republican from West Virginia, says in a House committee meeting that the two most efficient power plants in America, Turk, in Kansas, and Longview, in West Virginia, were half the cost of Kemper. “It feels like DOE is trying to retrofit pushing in a $50,000 engine into an old car instead of just buying a new car,” Mr. McKinley said, suggesting that new high-efficiency coal plants should be built instead of adding carbon capture technology to existing plants.

March 18, 2016
OSHA: Southern Violated Sarbanes-Oxley Act
what were the engineers saying?

OSHA makes a preliminary determination that Southern Company violated the Sarbanes-Oxley Act. A letter from OSHA to Southern Company's lawyers explains that the company's treatment of Brett Wingo is a violation of the law and that Southern has failed to offer “credible evidence” that would justify his dismissal. Southern insisted that Mr. Wingo “has not been retaliated against,” but that he “cannot be trusted to support his chain of command.” OSHA rejects this defense, and finds that because Southern’s actions violate Sarbanes-Oxley, Mr. Wingo should get his job back.

 
March 22, 2016
EPA Reiterates Need For Carbon Sequestration
who should pay?

In a House hearing on the E.P.A. budget for the 2016 fiscal year, Gina McCarthy, secretary of the agency, says that carbon sequestration will be a growing focus. She says that a carbon-capture plant is most cost-effective when combined with enhanced oil recovery, which will be important domestically and internationally. She also says, in response to a question about carbon sequestration, “We'd like it to be more used. We'd like the cost to go down considerably as it’s being used so that it becomes more and more available.”

April 1, 2016
Kemper Price Tag Hits $6.6 Billion
scalable and commercially viable?, what was the company's view?

Southern files a report with the Securities and Exchange Commission that indicates the Kemper plant will cost an additional $18 million, raising the price tag for the project to more than $6.6 billion, up from an original estimate in 2006 of $2.4 billion. It is the seventh consecutive month that Southern has announced cost increases. Around the same time, the U.S. Energy Information Administration reports that over 30 percent of electricity in the United States comes from coal plants. In a separate report, the International Energy Agency indicated that over 45 percent of carbon dioxide emissions globally come from coal plants.

 
April 19, 2016
Obama Administration Hedges its Bets on Carbon Capture Technology

The Congressional Research Service publishes a report on the Department of Energy plan for funding carbon capture and sequestration technology. The report says that the agency’s budget request “continues the trend of the past several years of shifting increasingly toward CCS-related activities” that would apply to coal and natural gas, and shifting away from more generalized support of coal program activities. The report also says that the energy department’s total request for carbon capture and other coal power systems is $368 million for 2017. While the Department of Energy is focusing on carbon capture research and development within its coal work, the Houston Chronicle reports that the Obama Administration plans to cut spending on so-called clean coal technologies by 3 percent in next year's budget, “even as it more than doubles the federal investment into renewable energy such as wind, solar and geothermal to more than $600 million.” The story says that, “Under the administration's plan, funding for clean coal would fall to $368 million in the next budget year, down from $377 million this year.”

 
April 26, 2016
Texas Clean Coal Project Faces Criticism
who should pay?, scalable and commercially viable?

The Department of Energy’s Office of the Inspector General releases a report criticizing the Department’s funding of a clean coal project in Texas. The report’s criticisms are remarkable for their similarity to those made of the Kemper project. The report cites the Texas project’s missed deadlines and cost overruns, and questions its economic viability. According to the report, the Department of Energy circumvented its own safeguards to continue funding the project as it fell further behind schedule, taking on unjustifiable financial risk. While this Texas project is newer and smaller than Southern Company’s Kemper plant, the Texas project’s ongoing financing and design problems are very similar to those encountered at Kemper. The report says that federal funders are allowing facility construction to begin before engineering details have been finalized. “This is concerning because the plant is a first-of-its-kind facility, and a significant portion of design work, approximately $270 million, remains to be completed,” the report says. The Texas plant was originally slated for completion by June 2014, at a cost of $1.9 billion. Estimated project cost are now $3.9 billion, and the plant remains in the “project definition phase,” as of April 2016.

 
April 29, 2016
EPA Resolute on New Power Plant Rule
scalable and commercially viable?

The Environmental Protection Agency denies a slate of petitions to reconsider its proposed rule regulating emissions from new, modified, or reconstructed power plants. Under this rule, newly built coal-fired power plants are required to have carbon capture and storage. The coal industry had contended that plant shutdowns and cost overruns at a facility in Canada that uses carbon capture and storage show that the technology is not scalable, affordable, or sufficiently tested. The agency disagrees, stating in its decision that the technical issues that arose at the Canadian plant “involved ancillary equipment” problems and not “technical issues that are directly attributable to the carbon capture system itself.”


One of the petitions is from a power company that objected to the E.P.A. citing one of its plants in West Virginia as part of the agency's argument for the new rules. The company had retrofitted this plant with partial-scale carbon capture. E.P.A. says it was justified in citing the West Virginia project in framing and defending the rules because it “does provide strong support for the technical feasibility of partial CCS, including at commercial scale.”


The agency dismisses the high costs of this project as “not indicative of costs for a new source given that the project is a retrofit.” In the end, the E.P.A. says that the petitioners have provided “no information that cause the EPA to deviate” from conclusions set out in the rule.


The agency’s decision to deny the petitions opens the door for lawsuits. This rule applies to new power plants, and is a precursor to the Obama administration’s Clean Power Plan, which applies to existing plants. Because the E.P.A. must have a rule for new plants in place before it can regulate existing plants, a successful lawsuit challenging the rule that applies to new plants could delay implementation of the Clean Power Plan and disrupt the Obama Administration’s goals for reducing emissions.

 
May 5, 2016
Southern Discloses Ongoing SEC Investigation
what were the engineers saying?, what was the company's view?

About a month after The New York Times informed Southern Company that it knew of a Securities and Exchange Commission investigation surrounding the Kemper project, Southern Company notifies its investors of the matter in a filing with the Commission. Jeff Shepard, a Mississippi Power spokesman, explains in subsequent interviews that "the company started to pick up indications that public awareness of the investigation had matured to a point that, in our judgment, it should be disclosed.” Mr. Shepard adds that “we do not expect the investigation to have a material impact on the financial statements of either Southern Co. or Mississippi Power." Southern Company’s filing says that it is “cooperating fully with the SEC” and that the company believes the investigation "is focused primarily on periods subsequent to 2010 and on accounting matters, disclosure controls and procedures, and internal controls over financial reporting associated with the Kemper IGCC.”


In subsequent interviews, Tim Leljedal, a spokesman for Southern Company, adds that whistleblower Brett Wingo's allegations have been thoroughly investigated by the company and by outside counsel and were determined to be unsubstantiated and not supported by the facts. "Despite the company’s unequivocal belief that the Kemper project is the right project for Mississippi, any undertaking this large is bound to have some detractors," Mr. Leljedal says. "While we have found that the plant’s supporters far outnumber its critics, we actively listen to all sides, taking questions regarding the successful completion of the project very seriously."


In its 10-Q filing with the Securities and Exchange Commission, Southern says that the investigation will be “focused primarily on periods subsequent to 2010 and on accounting matters, disclosure controls and procedures, and internal controls over financial reporting associated with the Kemper IGCC.” In earlier interviews, Southern's C.E.O., Tom Fanning, said, “we did not evaluate correctly the amount of pipe, the thickness of the pipe, the metallurgy of the pipe and the quantity of the pipe.” In interviews with the Times and in the recorded phone calls with Mr. Wingo, engineers said that Southern and MPC were using false or mistaken cost estimates and scheduling information prior to 2010.

 
May 12, 2016
Fitch Concerned With Potential “Cost Creep” On Kemper

Fitch Ratings, a credit-rating company, downgrades Southern Company to ‘A-‘ from ‘A’ and Mississippi Power Company to ‘BBB’ from ‘BBB+’. In its report, Fitch expresses concern about “the possibility of a further delay in schedule and the resultant cost creep” on the Kemper project. The report also notes that with the election of two new commissioners to the PSC, “significant regulatory challenges could yet lie ahead” for the utility.

 
May 13, 2016
Energy Dept. Pulls Funding from Texas Clean Coal Project

The Department of Energy announces that it will no longer support the Texas Clean Energy Project, a clean coal project to demonstrate carbon-capture technology. The decision is part of the Department of Energy’s budget proposal for 2017 and comes after a government review that questioned the viability of the project in Odessa, Tex. Like Kemper, the Texas project missed deadlines in 2015 and had to return tax credits that the Department of Energy had helped it obtain.

May 13, 2016
Southern Suffers Credit Downgrade

Moody’s Investors Service, a credit-rating company, downgrades Southern Company’s long-term rating to Baa2 from Baa1 in response to $8 billion of debt the utility is taking on to acquire AGL Resources. The report says that Southern’s rating, "had already been weakened by over $2 billion of pre-tax charges related to cost increases and delays at the Kemper Integrated Gasification Combined Cycle power plant." The report indicates that Mississippi Power’s credit outlook is "negative." This outlook can be stabilized, the report says, if "the Kemper plant reaches commercial operation and a permanent cost recovery plan is approved by the MPSC and implemented by the utility."

 
May 24, 2016
Energy Secretary Shows Continued Support for Southern

Energy Secretary Ernest Moniz tours Southern Company’s Energy Innovation Center in Atlanta. The center conducts research and development on energy solutions for Southern customers. "We are pleased to see an industry leader like Southern Company moving in this direction," Mr. Moniz said during his visit to the center. In a news release on the event, Southern touts its longtime partnership with the Department of Energy, and notes the federal agency’s support of the “world's most advanced coal plant in Mississippi”.

 
May 25, 2016
Activist Shareholders Roil Southern Annual Meeting
scalable and commercially viable?, who should pay?, what was the company's view?

Southern Company holds its annual shareholders’ meeting in Pine Mountain, Ga. The notice of meeting and proxy statement for the event, released on April 8, illustrates Southern’s continuing commitment to coal generation, including "21st century" technologies like coal gasification and carbon capture. The report’s "Investor Fact Sheet" includes a chart showing that Southern’s traditional utility subsidiaries, which include Mississippi Power, rely on coal for one third of generation capacity. The same fact sheet touts Southern as the "Only electric utility in the U.S. committed to developing the full portfolio of generation resources—natural gas, 21st century coal, nuclear, and renewables." The proxy includes two shareholder proposals to be voted on at the meeting.


The first shareholder proposal, Item 9, asks Southern to prepare a report outlining the company’s strategy for meeting international goals to limit global warming to two degrees Celsius, a benchmark that will require sharp reductions in carbon emissions, far beyond what is called for in the Obama administration’s Clean Power Plan. The second shareholder proposal, Item 10, on page 90, asks Southern to prepare a report quantifying its potential losses if future, more stringent, greenhouse gas regulations devalue or shut down the company’s extensive fleet of coal-fired power plants. The shareholders are concerned that Southern's focus on coal gasification and carbon capture "discourages the Company from shuttering or converting coal plants, exposing investors to billions of dollars of risk due to uncertainty about technical viability and cost effectiveness. Kemper has already resulted in millions of dollars of losses being born by shareholders."


Item 10 specifies that the report should consider the financial outcomes of a scenario in which neither coal gasification nor carbon capture are available as emission-mitigation strategies, since neither technology has yet proved to be technically viable and cost-effective. The Southern board of directors opposes both shareholder proposals, nothing that Southern is already subject to extensive regulatory reporting requirements and arguing that the preparation of the requested reports would be a waste of company resources. Regarding Item 10, the board says, on page 99 of the report, that "any conclusions in such a report, if prepared, would be so speculative as to be of little value to investors." If activist shareholders see clean coal technology as a “gamble,” Southern Company is clearly doubling down, responding to Item 10’s request to reconsider further coal investments by itemizing the company’s decades of investment in coal research and development: "Through strategic partnerships with DOE and others, the Company has cost-effectively advanced science and technology development relating to CCS. The Southern Company system is a national leader in robust, proprietary research and development and has managed nearly $2 billion in research and development investments, including its investments in coal gasification technology, leading to the development of technologies that will change the way America produces energy."


The proxy report also addresses executive compensation at Southern, which is based on a "pay for performance" model. The 47th page of the report contains a chart, labeled "Financial Goals and Achievements," which illustrates net income goals and achievements for Southern and its business units. In 2015, the company appears to have exceeded its financial goals in every division. According to the chart, Mississippi Power had net income of $193 million, exceeding its target of $190 million. However, the Mississippi Power chart includes some fine print: “In determining Mississippi Power’s net income for compensation goal achievement purposes, the Compensation Committee excluded the impact of charges related to the Kemper IGCC and termination of an asset purchase agreement for a portion of the Kemper IGCC,” meaning that these major financial setbacks were partially excluded from the calculations that determine Southern executives’ performance bonuses. For 2015, all of the named executives in the pay-for-performance plan exceeded their performance targets, as calculated. Southern’s highest- paid executive, C.E.O. Tom Fanning, received $2.5 million as a cash performance award and $11.8 million in total earnings.

 
June 1, 2016
$137 Million in New Federal Funds for Kemper

On the first page of an SEC filing, Mississippi Power reports that it received $137 million in additional federal Department of Energy grants on April 1, 2016.


The additional funds were authorized by the Department of Energy’s 2016 budget, which included a provision redirecting $160 million in federal funds away from failing clean coal projects into clean coal projects that still have a chance of success. Prior to the passage of the budget, Commissioner Brandon Presley and other members of the PSC had lobbied Senator Thad Cochran, Republican of Mississippi, to reassign the federal funds in order to alleviate the ratepayer burden of the Kemper project’s spiraling costs. Mr. Cochran, chairman of the Senate Appropriations Committee, shepherded the reallocation provision into the budget, and, in a December 16, 2015 email from his spokesman, said that, “The aim of this provision is to ensure successful demonstration of a unique technology without having the burden of risk and innovation fall on ratepayers.”2 Praising the inclusion of the reassignment provision, Mr. Presley said, “These funds will solely be used for ratepayer protection”.


Mississippi Power’s June 2016 filing says that the additional funds will “be used to reduce future rate impacts for customers.” According to the filing’s balance sheet, the $137 million in new funds will reduce Mississippi Power customers’ eligible amount for cost recovery, the amount that customers can legally be charged for the plant, to $4.12 billion from $4.26 billion.

 
June 3, 2016
Mississippi Power Pulls Out of Carbon Purchase Agreement

Mississippi Power cancels one of its contracts to sell carbon dioxide captured from Kemper. An oil company, Treetop Midstream Services, agreed to buy 30 percent of the carbon dioxide produced at Kemper for use in its oil fields for enhanced oil recovery. Treetop also agreed to build a pipeline to transport the carbon dioxide. According to a legal filing, Treetop spent $100 million on its part of the agreement before Mississippi Power canceled the contract. Six days after the contract was cancelled, on June 9, 2016, Treetop and others filed a lawsuit against Southern Company, Southern Company Services, and Mississippi Power, alleging breach of contract and other wrongdoing.

June 9, 2016
Southern Sued Over “Pipeline to Nowhere”

Several companies involved in the project, including Tellus Energy and its subsidiary, Treetop Midstream Services, file a lawsuit against Southern Company, Southern Company Services, and Mississippi Power in Georgia state court claiming breach of contract, conspiracy, and fraud committed during the building of the Kemper plant. Plaintiffs in the case allege that Southern and its subsidiaries "have intentionally misrepresented and concealed construction delays at the facility in order to remain eligible for hundreds of millions of dollars in federal tax credits and to prematurely and unjustifiably increase the rate they were charging customers." In the complaint, plaintiffs accuse Southern and Mississippi Power of "fraudulent misrepresentations," including misrepresentations to the Securities and Exchange Commission, the Department of Energy, the Internal Revenue Service, and the Mississippi Public Service Commission.


Treetop Midstream Services is an oil producer that signed an agreement in 2011 to buy 30 percent of the carbon dioxide captured from the Kemper plant’s carbon capture and storage process. Treetop planned to use the captured carbon dioxide for enhanced oil recovery. Treetop is claiming $100 million in damages, the amount of money it spent building a pipeline to transport carbon dioxide from Kemper to Treetop’s oil fields. Treetop claims it would have walked away from the agreement if Southern Company and Mississippi Power had not concealed construction delays and assured Treetop that Kemper would be operational by May 2014. Treetop and other plaintiffs are also asking for punitive damages, and cite SEC filings, scheduling irregularities, independent monitors’ reports, and whistleblower Brett Wingo’s warnings in the complaint. The lawsuit was first reported by Eddie Curran, a reporter in Mobile, Alabama, who runs a watchdog website called, "Mr. Dunn Goes to Montgomery," which investigates Alabama Power (owned by Southern Company) and its "smear campaign" against a Public Service Commission member named Terry Dunn. Mr. Curran has also done extensive work on the Kemper project. See his page here: urbina.io/28JIKbq

 
June 20, 2016
Independent Monitor Examines Kemper Progress

The independent monitor hired for the Mississippi Public Service Commission completes a monthly due diligence report examining progress of the Kemper project. The report analyzes status updates submitted to the PSC from Mississippi Power from March 2016 to May 2016 and provides an update on costs, construction progress, schedule, environmental permitting, jobs and other details about the Kemper project. According to the report, as of April 2016 Mississippi Power “reported no change in forecast completion date in third quarter of 2016, and an increase in forecast capped cost of $19 million to $5.366 billion.”


The independent monitor writes that project engineering is “90% complete”, but also notes that Mississippi Power missed deadlines for delivering CO2 captured from the plant under its contracts with companies that plan to use the captured CO2 for enhanced oil recovery. Mississippi Power had cancelled its contract with one company, Treetop Midstream Services, on June 3, 2016 and revised its contract with another, Denbury Resources, Inc., which will now purchase 100% of captured CO2 from Kemper. If Mississippi Power cannot deliver captured CO2 to Denbury by July 17, 2017, Denbury may cancel the latest version of its contract. Treetop Midstream Services has sued Mississippi Power for breach of contract.


Key concerns of the independent monitor include “numerous pressure leaks due primarily to inadequate installation, quality control, and quality assurance of flanged and welded connections . . .” and other issues including those related to the storage and treatment of hazardous ammonia. The report also accounts for new land purchases for coal mining and states that there are ten thousand tons of coal stored in the Kemper project’s lignite dome.

 
July 11, 2016
Amended Lawsuit Filed Against Kemper by Ratepayers

Biloxi Freezing & Processing, Gulfside Casino Partnership, and John Carlton Dean file an update to their lawsuit against Mississippi Power and Southern for harms they incurred due to alleged mismanagement, fraud, and misrepresentation regarding the Kemper project in Mississippi State Court. The plaintiffs suing Mississippi Power and Southern Company are retail energy customers, and purchased electricity from Mississippi Power over a period of three years. They claim to have relied on defendants’ “misrepresentations and have suffered damages as a result thereof.” The court filing contains a list of many grievances against Mississippi Power and Southern including alleged overspending, manipulation of the project schedule based on statements provided by whistleblower Brett Wingo, and misrepresentations of project benefits and progress by key company executives. For example, according to the plaintiffs, Southern Company “knowingly and falsely continued to maintain that the plant would be ready by the fourth quarter of 2014. At the time these representations were made, Defendant Southern Company knew them to be false.”


The plaintiffs also call Kemper “the most expensive utility-scale power plant ever constructed” and calculate that project costs have increased from $1.8 billion to over $6.6 billion, or, 275% over initial projections. They further accuse Mississippi Power of trying to makeup for rising costs by slipping in “additional expenditures into the invoices of the Plaintiffs, in contravention of the law.”


The plaintiffs also paint a picture of collusion between Mississippi Power and the Mississippi Public Service Commission: “On January 25, 2013, Defendant Mississippi Power entered into a secret agreement with the Public Service Commission relating to the ongoing amount of pass-through costs for the construction of the Kemper Power Plant.” The court filing details increasing requests from Mississippi Power for reimbursement from rate-payers including a ‘pre-commercial operation rate relief.’


The plaintiffs characterize the Mississippi Power’s publicity around Kemper as replete with “misleading and deceptive messages” about the ability of Kemper to provide low cost clean energy and to create revenue for Kemper County. In the court filing, plaintiffs also accuse Mississippi Power of falsely claiming that it was running out of funds for Kemper, so that the company could have the project bankrolled by rate-payers instead of its parent company, Southern.


The fraudulent business going on at Kemper, plaintiffs say, has forced them to pay more for electricity and placed them in a less competitive position. They claim, “Defendants were successful in causing Plaintiffs to finance this catastrophic financial mess through fraud—specifically, by repeatedly making false representations about the project and fraudulently concealing their knowledge of the litany of problems with the project.” In addition to monetary damages, plaintiffs are requesting that the court revoke the Kemper project's licenses and certifications and that control of Kemper be taken away from Mississippi Power and Southern Company.

 
July 26, 2016
Miss. Power Files Optimistic Status Report

Mississippi Power Company makes its monthly PSC filing on the status and cost of the Kemper plant. On the first page of “Project Costs and Summary,” the report predicts that the plant will be in service by the end of September 2016. However, some of the “Major Items and Milestones Achieved,” listed on the same page, cast doubt on the feasibility of a September commercial start date. According to the report, Kemper achieved “First Syngas Train B” on July 14, 2016. This indicates that the plant’s vital gasifier and gas cleanup components are still in the very early startup phases.


Mississippi Power’s optimism extends to the report’s financial projections. Note twelve, on the first page of “Project Costs and Summary,” explains that the figure quoted as “Total Amount Eligible for Recovery Under 2012 MPSC Order,” $4.1 billion, includes the 15% ownership interest in the Kemper plant that the Southern Mississippi Electric Power Association (SMEPA) had, at one time, committed to purchase. SMEPA terminated that purchase agreement on May 20, 2015, and it is unclear how or from who Mississippi Power intends to recover the $600 million it had expected to receive from SMEPA. By keeping the defunct SMEPA ownership share in the “Eligible for Recovery” column, Mississippi Power reduces the amount of plant costs above the cost cap, costs that will ultimately accrue to its shareholders.

 
July 27, 2016
Financial Analysts Wary of Missed Kemper Milestones

UBS, a financial services company, reports on Southern Company after a second quarter earnings call with company executives. Despite positive capital expenditures by the company, UBS believes Southern Company stock should be sold by investors because it will be on average lower over twelve months at $51.00 than today’s price of $53.89. According to the report, Southern Company capital expenditures are expected to peak in 2016 at $4.5 billion from recent purchases and investments. These include the purchase of a 50% stake in Kinder Morgan’s Southern Natural Gas pipeline system, the acquisition of AGL resources, an Atlanta-based energy which gave Southern a large chunk of the natural gas market, and future investments in wind.


Southern disclosed additional delays at the Kemper plant noting that “the first two weeks of August will be ‘critical’ to the plant.” Although still uncertain, UBS analysts believe that Kemper will need to produce energy for at least six weeks before the project can be eligible for cost recovery from ratepayers. Southern also reported an additional $38 million spent by the company on Kemper or $23 million after tax. Overall, UBS is skeptical of Kemper’s progress and the ability of acquisitions by Southern Company to soften the blow from the underperformance of its shares from missed milestones at Kemper.

 
July 27, 2016
Investors Concerned as Kemper Finish Line Nears

During Southern Company’s second-quarter earnings call, analysts pepper company officials with questions about the timeline and funding for completing the Kemper clean coal project. In response to a question about the SEC’s ongoing investigation into Kemper, CEO Tom Fanning responds, on page 31 of the transcript, that he does not receive updates on the SEC case, and stands by Southern’s prior statements on the matter: “We have disclosed in our financials that we don't believe that's material.”


Mr. Fanning responds to an analyst’s specific query about the status of one of Kemper’s two gasification units on pages 33 and 34, first referencing the “unknown unknowns” that he says have plagued the project along the way, then acknowledging that generating electricity out of one or both gasifiers will not complete the project: “We’ve got to make sure the whole system works well in an integrated fashion.” Later in the call, on page 45 of the transcript, Mr. Fanning estimates that, of the fourteen integrated systems needed to operate Kemper, “so far we think we've integrated or at least demonstrated maybe eight of those 14 systems.” Mr. Fanning goes on to say, on page 46, that, while Kemper will need to reach 70% operating capacity of the gasifier portion of the plant to “demonstrate” the plant’s sustainability, analysts should expect that Kemper’s overall first-year performance will be somewhat less than 70% capacity, as the “ramp up” of the new technology continues.


As the completion of the facility seems to draw near, analysts express concern over the impact that a declaration of completion may have on Southern’s short-term balance sheets. So long as Kemper is officially “under construction,” Mississippi Power is authorized to credit construction expenditures on the income side of its balance sheet, to the tune of $14 million a month ($10 million after taxes), using an accounting practice called Allowance for Funds Used During Construction (AFUDC). Once Kemper is in service, AFUDC is off the table, and the analysts are anxious to learn how soon Southern and Mississippi Power plan to file a rate case with the PSC, to start recovering more Kemper funds from ratepayers and fill the gap in the balance sheet left by the loss of AFUDC. After deflecting two earlier questions about the timing of a rate case, Chief Financial Officer Art Beattie finally suggests, on page 47 of the transcript, that a rate case might be filed with the PSC in the spring of 2017, and that no rates should be expected until “late 2017 or close to the end of 2017,” meaning there will be no AFUDC and no Kemper rates for much, if not all, of 2017.


Near the end of the call, on page 48 of the transcript, Mr. Fanning makes the puzzling assertion that running Kemper on natural gas will provide ratepayers with a fair return on their investment in the plant: “if you believe natural gas prices are going to be cheap for some prolonged period, I'm just willing to bet we can deliver the economics to Mississippi's customers that they thought they were going to get when this thing was ordered.” Mr. Fanning seems to be saying that running natural gas through a state-of-the-art coal gasification plant that cost ratepayers $3 billion more than a comparable natural gas plant will provide good value to Mississippi citizens. Earlier in the call, Mr. Fanning announced the July 1 completion of Southern’s merger with natural gas company AGL Resources, now known as Southern Company Gas.

 
August 8, 2016
Southern Announces New Kemper Schedule Delay

In a new filing with the Securities and Exchange Commission (SEC), and in a press release, Southern Company officially moves back Kemper’s in-service date to October 31, 2016—one month later than the prior projection. According to the press release, “The one-month extension is needed to make mechanical equipment modifications to the gasifiers’ supporting systems, complete the remaining commissioning activities on the syngas clean-up systems and integrate all systems necessary to generate electricity.” Southern projects that the month-long delay will cost an additional $43 million in excess of the cost cap. Southern’s statement avers, “All of those costs will be paid by Southern Company and Mississippi Power—not by Mississippi Power customers.” Page 30 of the SEC filing explains that “Further cost increases and/or extensions of the expected in-service date may result from factors including, but not limited to, difficulties integrating the systems required for sustained operations, major equipment failure, unforeseen engineering or design problems including any repairs and/or modifications to systems, and/or operational performance (including additional costs to satisfy any operational parameters ultimately adopted by the Mississippi PSC).” Further delays beyond October 31 are predicted to incur added costs of $25 million to $35 million per month, including legal fees of approximately $3 million per month. On the twelfth page of the SEC filing, the figure of “Estimated loss on Kemper IGCC” is put at $134 million for the first six months of 2016.

On the positive side, page 22 of Southern’s SEC report documents a 14.2% lower income tax burden for the first half of 2016, as compared to 2015; the decrease is ascribed, in part, “to increased tax benefits related to the estimated probable losses on Mississippi Power's construction of the Kemper IGCC”. The section of the filing devoted to Mississippi Power notes, on page 112, that the PSC’s December 2015 rate order gave the company 18 months in which to file a subsequent rate request, and that, as part of that future filing, “Mississippi Power expects to request recovery of certain costs that the Mississippi PSC had excluded from the revenue requirement calculation.”

Regarding the SEC’s ongoing investigation of Southern Company and Mississippi Power’s possible violations of disclosure rules, Southern’s latest filing says, on page 29, “The ultimate outcome of this matter cannot be determined at this time; however, it is not expected to have a material impact on the financial statements of Southern Company.” The report is less sanguine about the possible outcomes of private lawsuits related to the Kemper project. While “Southern Company believes these legal challenges have no merit,” the SEC filing cautions, on page 28, that “the ultimate outcome of these matters cannot be determined at this time,” and that "an adverse outcome in these proceedings could have an impact on Southern Company's results of operations, financial condition, and liquidity." One ongoing lawsuit was filed by Treetop Midstream Services, LLC on June 9, 2016, after Mississippi Power cancelled a contract to sell Treetop 30% of Kemper’s captured carbon dioxide. Treetop had intended to use the captured carbon to enhance recovery from its nearby oilfields. The latest SEC filing explains that Mississippi Power cancelled its contract with Treetop in order to amend its contract with Denbury Onshore, another oil producer, taking Denbury’s purchase agreement up from 70% to 100% of carbon dioxide captured at the Kemper plant. The amended contract with Denbury allows the purchaser to terminate the contract if captured carbon has not been delivered by July 1, 2017. Having cancelled the Treetop purchase agreement, Mississippi Power acknowledges the critical importance of consummating its contract with Denbury, on page 114: “Any termination or material modification of the agreement with Denbury could impact the operations of the Kemper IGCC and result in a material reduction in Mississippi Power's revenues to the extent Mississippi Power is not able to enter into other similar contractual arrangements or otherwise sequester the CO2 produced.” Further, today’s historically low oil prices, which have lessened oil companies’ willingness to invest in costly new oil recovery technologies, also threaten Mississippi Power’s plan to recover costs through carbon sales: “Additionally, sustained oil price reductions could result in significantly lower revenues than Mississippi Power forecasted to be available to offset customer rate impacts, which could have a material impact on Mississippi Power's financial statements. The ultimate outcome of these matters cannot be determined at this time.”

The Kemper plant first produced syngas from lignite coal on July 14, 2016. According to a recent statement made to the Associated Press by Brett Wingo, the former Kemper engineer and whistleblower featured in the Times’ coverage, Kemper’s internal schedules had, at one time, predicted a six-month delay between first syngas production and full commercial operation. That timeline would put the Kemper in-service date at January 14, 2017, two and a half months later than Southern’s current projection of October 31, 2016. When asked about Mr. Wingo’s recent claim, Mississippi Power spokesman Jeff Shepard did not provide a direct response, but said, in an email, “We will never compromise safety for schedule,” and, “We will continue to analyze the time needed to complete start-up and commissioning activities until the remaining assets are placed in service.”

 
October 14, 2016
Kemper Operating Costs Rise 288 Percent

Kemper coal plant operating and maintenance costs will top $1 billion for the plant’s first five years of operation, according to new filings in the Kemper “discovery docket” at the PSC. These figures represent a 288% increase over cost projections Mississippi Power provided to the PSC in 2010, when the company predicted a five-year operations budget of $258 million.


In an email to E&E News, Mississippi Power attributed the price hike to additional, unanticipated equipment and material needed to complete the first-of-its kind coal plant. Additional equipment requires additional maintenance expense, including spare parts and maintenance equipment. Utility industry analysts say the cost increase is not surprising, given the cutting-edge technology in play at Kemper.


These new filings are part of the PSC’s effort to gather evidence for use in a future proceeding to determine whether utility rates will be raised again to further reimburse Mississippi Power for Kemper expenditures.

November 2, 2016
Chevron seeks sensitive details on Kemper

Chevron Products Company, a division of energy company Chevron U.S.A., files a list of 93 questions for Mississippi Power Company, as part of the PSC’s special “discovery docket” for the Kemper coal plant. The docket was established in August 2016 to collect and expedite information requests in anticipation of a future rate hearing, after Kemper’s entry into commercial operation.

Many of Chevron’s questions ask Mississippi Power to explain many of the technical, financial, and economic assumptions that have underpinned the utility’s sustained advocacy for the pricey coal-gasification project. Detailed lines of questioning aim to capture Mississippi Power’s reasoning and justifications at specific inflection points in the project, and to unearth any possible inconsistencies between the utility’s public representations and its private calculations. Chevron asks about the utility’s reliance on a failed deal with the Southern Mississippi Electric Power Association in early calculations, and about the specific studies or other support used to justify recertification of the coal gasifier in 2012, when natural gas prices were sliding (worsening the economics of an expensive coal plant like Kemper.) Many questions seem aimed to pin down exact parameters for Kemper’s successful completion, as represented by Mississippi Power in earlier proceedings before the PSC. Chevron’s attorneys may anticipate that Mississippi Power will try to lower the bar for “success” to speed PSC approval of Kemper’s official completion date, and potentially preserve Kemper’s eligibility for previously awarded tax credits. Chevron also digs for specifics as to what plant costs will be “excepted” from the $2.88 billion cost cap on rate recovery—any costs excepted from the cap are likely to be passed on to ratepayers.

Chevron’s questions are extraordinarily detailed and represent a large investment of time and resources on the part of the energy giant and its legal team. Chevron’s filing breaks the energy industry’s long silence regarding the Kemper debacle, and may reflect weakening support for the project, both within the industry, and amongst its traditional political allies.

November 4, 2016
Kemper Start Pushed to Year’s End

Mississippi Power pushes back Kemper start date to December 31. The further delay will add $25 million to the project’s overall price tag. The utility’s parent Southern Company filed quarterly stock disclosures, saying ratepayers will not have to pay the additional $25 million. One of Kemper’s two gasifiers is being shut down to improve its ash removal system. By December 31, the plant must start the second gasifier, make improvements to the first gasifier, and synchronize the two units. If commercial operation doesn’t start by the end of 2016, Mississippi Power will have to repay $250 million in previously received tax benefits.

 
November 15, 2016
Proposed tax credits: “a boon for Kemper”

Proposed legislation that would extend and expand current tax incentives for carbon capture and sequestration technology could produce a windfall of up to $4.5 billion for the Kemper coal project, according to a report co-authored by two non-profit organizations. Carbon capture and sequestration is a leading “clean coal” technology, aimed at reducing the climate impact of fossil fuels by capturing the carbon dioxide created by burning coal and either pumping it into oilfields to enhance oil recovery or attempting to store it permanently, keeping its harmful effects out of the atmosphere. Existing carbon capture tax credits were created by the 2008 Wall Street bailout bill, and were planned to expire after credits had been issued for 75 million tons of captured carbon. The U.S. Treasury Department projects that this cap will be reached in 2019. Today’s report, issued by Friends of the Earth, a federation of grassroots environmental groups, and Taxpayers for Common Sense, an independent, non-partisan budget watchdog group, evaluates three legislative proposals—one in the U.S. House of Representatives and two in the Senate—which would either lift the 75 million ton cap on the current tax subsidy or create a new subsidy scheme.


The report criticizes the original 2008 carbon capture tax credits, noting that after billions of dollars in subsidies, there are still no new commercial power plants with carbon capture capabilities. The report’s authors cite economic and environmental analyses that cast doubt on whether even “successful” carbon capture will have a net positive impact on climate change and other environmental harms associated with fossil fuels.


The new legislative proposals, sponsored by Representative Mike Conaway, Republican of Texas, and Senators Heidi Heitkamp, Democrat of North Dakota, and Sheldon Whitehouse, Democrat of Rhode Island, would extend and increase the tax credit per-ton-captured.


Schedule delays at the troubled Kemper coal plant have cost Mississippi Power many anticipated clean coal tax credits, as deadlines passed and the project lost eligibility for tax incentive programs. The new carbon capture tax proposals could, in effect, reward Mississippi Power and Southern Company for Kemper’s many delays. Under all three of the proposals, Kemper’s late start might qualify as a “new facility,” and therefore be eligible for higher per-ton tax credits on any potential carbon capture. Under the three different proposals, Kemper’s potential tax break ranges from $695 million to $4.5 billion. If no new carbon capture tax credits are approved, Kemper stands to receive $102.8 million from the 2008 credits before they expire.


The report concludes that none of the proposals represent a good value for the American taxpayer or the environment, and calls upon Congress to “turn off the spigot before another Kemper is subsidized into existence.”

December 2, 2016
Kemper delayed: $250 million tax credit loss

Mississippi Power’s troubled Kemper coal power plant is unlikely to be fully operational by December 31, and will instead go into service in January 2017, according the utility’s latest filing with the Security and Exchange Commission. While Kemper’s schedule delays, with estimated costs of $25-35 million per month, have become routine, this missed deadline will cost the utility an additional $250 million in already-claimed tax benefits. The tax benefits came in the form of “bonus depreciation,” which reduce a company’s income tax. If Mississippi Power misses the December 31 in-service date, the utility will have to repay the tax benefits to its parent, Southern Company. Rather than actually making that payment, Mississippi Power plans to borrow the $250 million from Southern Company. Because Southern intends to report an operating loss in its 2016 tax filings, Southern will not be repaying any of that $250 million to the IRS. Mississippi Power may re-claim the tax credits in 2017 in order to repay the internal loan, according to utility spokesman Jeff Shepard. The total cost of the project now stands at nearly $7 billion, up from an original projection of approximately $2 billion.