Biomass Incinerators Sue Feds for $22 Million

- by Maeusz Perkosw­ki, Sep­tem­ber 16, 2014, Cap­i­tal Press

Two bio­mass facil­i­ties in Cal­i­for­nia that use agri­cul­tur­al waste to gen­er­ate elec­tric­i­ty claim the fed­er­al gov­ern­ment owes them about $22 million.

The plain­tiffs — Amper­sand Chow­chilla Bio­mass and Merced Pow­er — claim the U.S. Trea­sury Depart­ment is wrong­ly with­hold­ing funds from an eco­nom­ic stim­u­lus pro­gram that helps pay for renew­able ener­gy projects.

Each com­pa­ny invest­ed more than $40 mil­lion to build facil­i­ties in Chow­chilla and Merced that rely on boil­ers and tur­bines to pro­duce ener­gy from agri­cul­tur­al byprod­ucts, such as orchard trim­mings and nut shells, as well as oth­er sources of waste.

The facil­i­ties became oper­a­tional in 2011 and applied to the Trea­sury Depart­ment for reim­burse­ments of 30 per­cent of the project costs, which were avail­able through the 2009 Amer­i­can Recov­ery and Rein­vest­ment Act.

Instead of pro­vid­ing each com­pa­ny with the full amount, rough­ly $12 mil­lion apiece, the gov­ern­ment only reim­bursed each of them for about $1 mil­lion, the com­plaint said.

The Trea­sury Depart­ment refused to pay the full 30 per­cent because it claimed the facil­i­ties were in ser­vice pri­or to 2009, the com­plaint said.

The plain­tiffs claim this con­clu­sion is erro­neous because nei­ther facil­i­ty had obtained the prop­er per­mits and oth­er require­ments until 2011, with the facil­i­ties only oper­at­ing on a test basis pri­or to that time.

The com­plaint demands pay­ment of the full $12 mil­lion for each com­pa­ny, minus the $1 mil­lion they’ve already received.

Cap­i­tal Press was unable to reach the Trea­sury Depart­ment for com­ment as of press time.


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