Public Service Commissioner Susan Wefald says companies may be trying to get around a state law that requires the commission to fully review proposed sites for power plants that would generate at least 100 megawatts of electricity.

Great River Energy has proposed a 99-megawatt coal-fired plant as part of an energy complex near Spiritwood, in central North Dakota, Wefald said.

"The siting process really offers the public a wonderful opportunity to be well informed about a company's plans, to have a chance to review the process," Wefald said at the commission meeting this week.

"When the company then chooses to construct a project that is one megawatt underneath that in order to avoid that siting process, I think that there's reason for concern," she said.

Rick Lancaster, Great River Energy's vice president for generation, said Thursday the Spiritwood plant has evolved in size, and the 99-megwatt figure is based on engineering estimates of its maximum potential.

"It's actually going to be smaller than 99 megawatts, it'll probably be 95 megawatts," he said. The company will provide the PSC with whatever information it needs, he said.

Wefald said she would welcome it. The issue came up as the commission was reviewing Great River's 10-year plan, she said.

"I just think it's very ironic that that (plant) does not have 100-megawatt nameplate," she said.

A 100-megawatt plant is considered enough to power up to 100,000 homes.

Public Service Commissioner Kevin Cramer said he does not share Wefald's fears.

"I guess I'm encouraged by the fact that since the process has been raised to 100 (megawatts), there's now a 99-megwatt plant being built in Spiritwood instead of a 49-megawatt plant," Cramer said.

The company still needs permits from the state Health Department and other agencies, Cramer said. It is not unusual for companies to try to avoid the time and expense of another set of regulatory hearings, he said.

Cramer said the state should take a look at its siting law because it does not consider the differences in coal plants from wind farms or other energy sources.

"The state law probably needs to be tweaked to recognize that different energy sources have different characteristics," Cramer said.