ERLANGER — Gov. Paul Patton came to Northern Kentucky Monday to throw his support behind legislation that would prevent construction of a mini-power plant in suburban Kenton County.

        House Bill 540, sponsored by Rep. Jon Draud, R-Crestview Hills, is part of a nearly yearlong effort by area residents and officials to prevent Cinergy from building a peaking station in Erlanger.

        About 100 people, including area residents and several local officials, attended a chilly Monday morning press conference on the front lawn of the Baptist Village retirement community in Erlanger.

        Cinergy wants to build the plant on Erlanger-Crescent Springs Road. As Mr. Draud pointed out Monday, it would be 600 feet from the Baptist Village, 600 feet from where a new branch of the Kenton County Library is under construction and 800 feet from homes.

        Residents and local government officials have said they oppose the plant because of concerns about pollution and noise.

        “We choose this location today to demonstrate how, under current regulations, a power plant can locate literally in your own back yard,” Mr. Patton said.

        “The legislation we are supporting will continue to allow Kentucky to be a leader in reliable and affordable electric power but will also protect our families, communities, their quality of life and our Commonwealth's environment.”

        The bill would essentially kill plans for the Cinergy plant because it requires that plants be built at least 3,000 feet from homes, historic buildings, schools, hospitals or nursing homes.

        Building on the Erlanger site “is just unreasonable,” Mr. Draud said.

        “That location would never have been approved with local input,” he said.

        Other provisions of the bill include:

        • Creation of a siting board that would include state utility regulators and officials and local representatives. The board would review power plant permit applications. Ad hoc members of the board would be a resident and local official — the head of planning commission, mayor or county judge-executive — in the area where a plant is proposed.

        • Utility companies would have more obligation to inform the public about plans for power plants.

        • Electricity generated by the two-unit, 86-megawatt peaking plant — known as a merchant plant — could be used in Northern Kentucky during periods of peak demand. But the excess also could be sold to other utility companies, Cinergy officials have said.

        Kentucky ratepayers would receive priority during peak power periods and would not be expected to pay for construction of new lines that service out-of-state users.

        Last year Mr. Patton issued a moratorium on the construction of new power plants, saying he wanted to give the legislature time to deal with the issue. The moratorium ends in July. It has held up construction of 29 power plants including 25 peaking plants.

        Cinergy spokesman Dave Woodburn said that while Cinergy agrees that some sort of oversight is needed, the proposed legislation “far overreaches its original intent.”

        “The legislation originally dealt with the proliferation of merchant plants in Kentucky, but it is now starting to affect regulated utilities,” Mr. Woodburn said.

        The bill also adds an “extra layer of oversight” that would increase costs to utility companies and eventually be passed on to ratepayers, he said.

        Joining Mr. Draud at the press conference was House Majority Caucus Chairman Jim Callahan, D-Wilder. No other lawmakers attended but Mr. Draud encouraged residents and officials to call legislators and ask them to support the bill.

        Mr. Draud said he was optimistic that the bill, which cleared the House Local Government Committee Feb. 14, will win full House approval this week or early next week. It would then go to the Senate.

        “It is not easy to get legislation like this passed,” Mr. Draud said. “The lobbyists from these utility companies, they have a lot influence, a lot of money and they've been doing a great job of lobbying.”

        Reached later in the day, Republican state Sen. Jack Westwood, who lives in Erlanger, said he opposes construction of the plant at its proposed location and supports the portion of Mr. Draud's bill dealing with where power plants can be built.

        “But I think it adds too much regulation,” Mr. Westwood said. “I think we can amend, or fix, the bill in the Senate so it deals with the siting of merchant plants but not further regulating utilities.”

        Last May the state Division of Air Quality approved a permit for a the plant.

        Several Kenton County cities have contested the permit and are appealing it, said Crestview Hills Mayor Paul Meier.

        Erlanger Mayor Marc Otto said the city is contesting a zone change Cinergy needs to build the plant.

        “This fight is far from over,” Mr. Otto said.

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