Shut-Ins recovery stalled by legal dispute; DNR chief questions if park will reopen in 2007

LESTERVILLE, Mo. -- Increasing tension between Ameren Corp. and Missouri officials is delaying cleanup efforts at Johnson's Shut-Ins State Park, which was devastated last year when Ameren's Taum Sauk reservoir collapsed.

Missouri Department of Natural Resources director Doyle Childers said the Shut-Ins might not reopen next year as scheduled because Ameren has been "dragging its feet" on restoring a scenic waterway there.

Ameren spokeswoman Susan Gallagher said the utility doesn't want to spend excessive money on cleanup efforts until the company can reach a final legal settlement with the state that would cover all damages and fines from the reservoir failure.

Settlement talks are bogged down because three state agencies aren't coordinating their efforts to reach an agreement, Gallagher said.

Ameren "has worked diligently to get all parties to the table. Yet, after multiple meetings, we have not been able to have a unified dialogue with officials representing multiple state agencies," Gallagher said in an e-mail.

Gallagher said Ameren is in settlement discussions with the DNR, Attorney General Jay Nixon and the Missouri Department of Conservation.

The settlement talks grew more complicated this summer after the DNR broke ranks with the attorney general and started using its own lawyers to negotiate a settlement with Ameren.

The split happened after The Associated Press reported that Nixon accepted nearly $20,000 in campaign contributions that originated with Ameren after Nixon began investigating the company. Childers previously said he couldn't trust Nixon after that.

It's not clear if Nixon is holding his own talks with Ameren as he conducts a civil and criminal investigation into the collapse. Spokesman Scott Holste didn't return messages seeking comment for this story.

The waterway meandered in a valley below the mountaintop reservoir. It was swamped with mud, boulders and black netting after the Taum Sauk breach sent a 10-foot wall of water rushing over the state park on Dec 14.

Schaefer said Ameren developed a plan to restore the waterway that would cost roughly $5 million to implement.

Late this summer, Ameren told DNR it wanted to get a rebate on the $5 million if it restores the river, Schaefer said. Ameren said the DNR could deduct the money from the final settlement payment, Schaefer said.

The DNR refused. Ameren is obligated to pay for the river cleanup and cannot deduct the cost from a final settlement which is meant to cover unrelated damages like the loss of tourist revenue, Schaefer said.

"Ameren indicated that it did not want to go forward with the plan until it knew it was going to get credit for the work," Schaefer said.

Gallagher said the $5 million plan goes beyond Ameren's legal obligations.

"The company is not in a position to perform such value-added work until there is a resolution of all claims with the state," she said in an e-mail.