COVINGTON — Kenton Judge-executive Dick Murgatroyd's acceptance of two campaign contributions from Cinergy Corp.'s political action committee “has raised serious questions about his lack of action” on a peaking station proposed for Erlanger, a Democratic activist said Friday.

        “Even in the best light, this looks very bad,” said Nathan Smith, a Democratic activist and Fort Mitchell resident.

        State elections records show Mr. Murgatroyd accepted two $300 contributions from Cinergy's PAC in 1998 and 2000 in his campaigns for judge-executive.

        “Nathan Smith should know better than anyone else that political contributions do not buy influence in my administration,” Mr. Murgatroyd said in a statement released Friday. “The Cinergy PAC contributions had no more impact on my decision-making than Nathan's 1999 contribution did when he sought an appointment to the TANK board and was turned down, or my refusal to meet with developers at his request, when they had action pending before the fiscal court.”

        Cinergy Capital & Trading Inc., an affiliate of Cinergy Corp., wants to build a gas-fired peaking station, or mini power plant, on the Erlanger-Crestview Hills border, to be used during periods of peak electrical usage.

        On June 12, opponents of the proposed peaking station asked Kenton Fiscal Court to join local governments in opposing it because of concerns about pollution, noise and property values.

        At the fiscal court's meeting, Mr. Murgatroyd said he had been in touch with state and federal officials who were familiar with the issue, but added the four-member fiscal court could only take the issue under advisement, for lack of a quorum.

        Commissioner Dan Humpert was absent on June 12, and Commissioner Barb Black recused herself from the discussion because her husband, Keith, is general manager of state government affairs for Cinergy Corp.

        Mr. Murgatroyd said Friday he “will take whatever action (he deems) is in the best interest of the residents of Kenton County,” once he receives copies of the professional studies that have been done on the proposed peaking station and an analysis of the Cinergy permit by the Ohio-Kentucky-Indiana Regional Council of Governments staff.

        Mr. Murgatroyd said he has taken “a more cautious and analytical approach” in dealing with the peaking station.

        Mr. Smith said he didn't know what Mr. Murgatroyd meant when he referred to his refusal to meet with developers.

        While he contributed to Mr. Murgatroyd's campaign in 1998, Mr. Smith said it had nothing to do with his asking the judge a year later to consider appointing him to the TANK board when a member resigned.

        “I'm not the issue here,” Mr. Smith said. “I'm just asking, "Why doesn't he answer the citizens' questions, instead of being an attack dog all the time?' “(U.S. Sen.) Jim Bunning's against (the peaking station), (Gov.) Paul Patton's against it, (U.S. Rep.) Ken Lucas is against it, and eight cities are against it. Why can't Dick Murgatroyd make a decision?” Mr. Smith asked.

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