The California Energy Commission (CEC) denied an appeal to change their supportive position on the Russell City Energy Center (RCEC) on Wednesday.
The plant has been approved previously by the CEC, Hayward City Council and the Hayward Planning Commission in early 2005.
RCEC hit a roadblock in construction when activist Rob Simpson brought his appeal to the U.S Environmental Protection Agency, and won his case this past July.
The EPA revoked the pollution permit called the Prevention of Significant Deterioration permit granted to Calpine Corporation, who owns RCEC, requiring them to reopen and advertise a public comment period before making a decision on reissuing the PSD pollution permit.
The lawsuit was the basis of Simpson's petition for the CEC to change it's position on the power plant.
The chance came at a time when RCEC was applying to extend its construction deadline to September 2010.
Calpine Corporation was unable to break ground on the RCEC due to its being tied up in litigation with Simpson and the EPA.
CEC granted the RCEC a permit to extend its construction period Wednesday. But before ground is broken Calpine must get its PSD permit reissued.
"The chances that the permit will be re issued are slim, we are holding out hope that the plant will not be built," said Simpson. "We didn't expect to win although the appeal was just."
Simpson has stepped up in the community to fight the power plant, which will sit on the Hayward shoreline. Many groups including, Chabot College's Students for Social Justice, have spoken out in protest.
They are asking that the plant be stopped due to high pollution emissions.
The RCEC's pollution emissions will have a large impact on Chabot's students, the plant being located a little over a mile from the campus. RCEC is a 600-megawatt natural gas-fired plant that will sit on the San Francisco Bay in Hayward but provide energy for San Francisco Peninsula.
Chabot Spanish instructure and Hayward City Council member Zermeño expressed his disappointment on the CEC's decision by phone on Wednesday.
"The citizens can still explore other avenues to ensure the power plant doesn't cause them so much grief," he said.
Zermeño ran his campaign for city council based on stopping the power plants this past June, although, in 2005, while sitting on the Hayward Planning Commission he voted for the land trade with the Calpine Corporation.
There were no city council members at the CEC meeting on Wednesday, although many council members spoke out against the plants in their campaigns this past June. A rep for Calpine Corporation did not return a call by deadline.
Chabot President Celia Barberena also spoke out against the plants and praised interveners of the plants.
"Our faculty and staff have taken strong positions to protect our environment from pollutants that impact our health. I am also grateful for their leadership and the leadership of our trustees.
"They have been extremely supportive in hiring the necessary level of consultants and legal support to advise and advocate against power plants in our community because of the impact on our environment."



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