CLEAR October 2006

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WV Sustainable communities project
by Duane330＠aol.com 25 Oct '06

25 Oct '06

Arbogast to lead WV Sustainable Communities Project CHARLESTON – An expert in sustainable communities with a special interest in ecotourism has been named project leader of the next West Virginia Sustainable Communities Project. Doug Arbogast, a Pennsylvania native and avid outdoor enthusiast, will lead six young adult interns in their efforts to conduct pollution prevention projects focused on energy efficiency, water conservation and waste minimization throughout 2007. The project will begin in January and will focus on all four sectors of the community including homes, schools, businesses and community institutions. “This is such an amazing opportunity for us, not only to continue on with this grassroots effort, but to see what people can do when you give them the right tools,” Arbogast said. “We are right now building an enthusiastic and committed team of interns who are willing to roll up their sleeves and make a difference one person, one community, one county at a time.” The project is a joint effort of the West Virginia Department of Environmental Protection, the Claude Worthington Benedum Foundation and the Student Conservation Association – Students Conserving America. In 2005-2006, a team of SCA interns was based in Summersville to target Nicholas and Braxton counties. In 2007, the momentum will continue in those areas while also targeting Gilmer and Fayette. There will be a statewide outreach and education campaign, but these four counties are targeted specifically because they are Alliance of West Virginia Champion Communities, which is a publicly and privately funded grassroots movement to empower communities to achieve sustainable development. “We will strive to have as broad an impact as possible while working hard to make a difference to individual citizens and communities,” he added. Arbogast earned his bachelor’s in environmental geo-science and a master’s in recreation, parks and tourism resources from West Virginia University. He was involved in the implementation in Richwood and Pineville of “Creating A Value Added Community Curriculum,” a pilot project for Appalachian communities developed to provide a business plan for poverty reduction and the creation of community wealth. He has served as a project coordinator for the West Virginia Ecotourism Association and earned a certificate in ecotourism planning and management from Humboldt State University in Arcata, Calif. He, his wife Susan and daughter Abby will reside in Fayette County during the project. For more information on the program, contact Arbogast at (304) 846-4268, (304) 619-0668 or _darbogast(a)thesca.org_ (mailto:darbogast@thesca.org) . >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Wednesday, October 25, 2006 @ 1:16 PM ============================================================ Sustainable communities program seeking interns CHARLESTON – Young adults with an interest in the environment and sustainability are encouraged to apply online for an internship with the West Virginia Sustainable Communities Project. This unique internship, which begins in January, offers young adults a chance to make a difference in the Mountain State. They will be part of a team that will conduct pollution prevention projects focused on energy efficiency, water conservation and waste minimization. The project focuses on all four sectors of the community: homes, schools, businesses and community institutions. Online applications will be accepted through Nov. 20. Members of the corps will conduct energy audits, help communities start recycling and composting programs, construct rain barrels, promote national and state programs related to conservation, and provide outreach and education through group presentations. They also will operate displays at community events and develop educational programs for schools and youth groups. Interns will spend half of their time in the field and the other half conducting research and coordinating events. They will report to a project leader. The project is a joint effort of the West Virginia Department of Environmental Protection, the Claude Worthington Benedum Foundation, and the SCA – Students Conserving America. In 2005-2006, the program was based in Summersville so interns could target Nicholas and Braxton counties. In 2007, it will keep the momentum going in those areas while also targeting Gilmer and Fayette. There will be a statewide outreach and education campaign, but these four counties are targeted specifically because they are Alliance of West Virginia Champion Communities, which is a publicly and privately funded grassroots movement to empower communities to achieve sustainable development. Candidates must have a valid driver’s license and a clean driving record. They should have strong interpersonal skills, the willingness to work as part of a close team, the ability to work independently when necessary, a strong commitment to service, and a passion for sustainability issues. Experience in pollution prevention projects and programs as well as a background in environmental studies and sustainable practices are also desired. Housing and a stipend will be provided. Interns will be based in Fayette County. For more information and to apply online, go to www.thesca.org, select internships and jobs then West Virginia Sustainable Communities Project. For more information on the project, contact Doug Arbogast, project leader, at (304) 846-4268 or (304) 619-0668. E-mail him at darbogast(a)thesca.org. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Membership status...last call.
by Duane330＠aol.com 19 Oct '06

19 Oct '06

LAST CALL FOR PAYING MEMBERSHIP DUES FOR 2006 Please indicate to Donna Weems whether you wish to sustain your formal membership in the Cheat Lake Environment and Recreation Association, aka: CLEAR. We need you to be formally associated if possible so that our pleadings will have standing and substance before the WV Supreme Court in the Longview case, the federal District Court in the AWP Cheat three- tooth snail case, and the Federal Energy Regulatory Commission in the recreation plan update for the Cheat Lake Park and Trail. The Mon County Commission expects us to account for our membership, as they have consistently provided some operating funds. This year they are providing $2,000. Annual dues are $15 for an individual and $25 for a family. Please let Donna Weems hear from your regarding your dues and membership status. The CLEAR Board recognizes that service to CLEAR and its mission can be substituted for a monetary payment. So, if you prefer to serve on a Committee or work on a project, let us know a.s.a.p. This matter needs to be taken care of before the end of October. Thank you, Duane Nichols, President. CONTACT INFORMATION: Donna Weems, CLEAR Treasurer, 320 Dream Catcher Circle, Morgantown, WV 26508. Phone: 599-2867, email: dweems(a)mail.wvnet.edu >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> p.s. A "storm water permit" was granted to Longview Power on October 16th by the West Virginia Department of Environmental Protection. This permit is under study by the Fort Martin Community Association. This group submitted extensive comments on the permit applications and are considering an appeal during the 30 day appeal period. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> p.s. The federal trial seeking a habitat conservation plan for the Cheat three- tooth snail has been moved to Wheeling, under Judge Stamp. We have a "scheduling conference call" with him this coming Monday morning. So, the trial dates of October 31, Nov. 1 and 2 may well be changed. I'll let you know as soon as possible. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Lake level, November 1st.
by Duane330＠aol.com 19 Oct '06

19 Oct '06

Attention Cheat Lake Property Owners and Boaters Allegheny Energy will begin lowering the water level at Cheat Lake beginning on Wednesday, November 1. The lake will be lowered 1’ to 2’ daily until the 860’ level. This is approximately 10’ below normal level. Once this level is reached it will be maintained at approximately 860’ for 5 to 7 days while the West Virginia Department of Natural Resources makes repairs to their winter boat launch ramp at Cheat Lake Park. Once the work is complete, the lake will return to the normal winter levels, which fluctuate between 857’ and 870.’ As a reminder, Allegheny maintains the following water levels at Cheat Lake in accordance with our federal license. Lake Level Limits: Winter (November - March): 857' - 870' Spring (April): 863' - 870' Summer(May - October): 868' - 870' For more information on Cheat Lake and real-time lake level readings, visit www.cheatlaketoday.com. [The above was prepared by Allegheny Energy on October 16, 2006.]

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proposed Longview power plant............
by Duane330＠aol.com 17 Oct '06

17 Oct '06

THE PROPOSED LONGVIEW POWER PLANT On October 12th, 90% Ownership of Longview, LLC was assigned to GenPower Holdings, L.P., a Cayman Islands Limited Partnership, according to documents filed with the WV Public Service Commission. See below. [Note: The announcement that Longview has acquired $1.8 billion in financing is incomplete without a full disclosure of all the conditions and stipulations attached thereto. It would be in the public interest for these conditions to be known, as they are relevant to the public understanding of this proposed power plant project. We do know that the Siting and Transmission Certificates are under appeal to the WV Supreme Court of Appeals, the preliminary hearing being scheduled for October 24th at 10 a.m. in Charleston. We also know that the Storm Water permits for construction and for operation have not been granted, as is the case for a few other permits.] Duane Nichols, Convenor, MVCAC. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTICE OF TRANSFER OF OWNERSHIP OF LONGVIEW POWER, LLC Comes Longview Power, LLC (“Longview”) by counsel, and provides notice to the Public Service Commission (“PSC” or “Commission”) that the ownership of Longview Power, LLC has been transferred in part to a third party. Longview will retain both the Siting Certificate for the facility and the Certificate of Convenience and Necessity for the transmission line. Longview makes this notice even though a change in the ownership of Longview does not require notice to the Commission under either the certificate of site approval statute or regulations. The PSC’s regulations, as quoted below, require notice to the Commission only if the Siting Certificate itself is transferred or assigned to a new owner. In the case of the transmission line certificate of convenience and necessity, Commission approval is required only when a public utility holds the certificate, and Longview is not a public utility. 1. Under the Exempt Wholesale Generator (EWG) Siting Regulations, 5 150-30-7.1, the Commission must be given thirty days’ notice of a transfer of ownership or assignment of an siting certificate: [The owner or operator shall, at least 30 days prior to the closing date of such transfer or assignment, provide the Commission with notice of the identity of the transferee, the mailing address of the transferee, the name and mailing addresses of the management members or officers of the transferee and an affidavit of the transferee stating that the transferee agrees that it is bound by all terms and conditions of the Siting certificate for the 24-2-1 1 (c) facility.] 2. Under West Virginia Code (“WVC”) §24-2-12(g) a public utility must obtain advance approval from the Commission before a third party “acquires directly or indirectly a majority of the common stock of any public utility organized and doing business in this state.” 3. The Commission has specifically held that Longview, like other EWG facilities, is not a public utility. Longview Power, LLC, Case No. 03-1 860-E-CS, Order entered August 27, 2004, (“[T]he Commission recognizes that an exempt wholesale generator is not a regulated public utility., .”), p. 117. 4. The Commission has specifically held that the “enactment of W.Va. Code $24-2-1 IC, clarified that the requirements of W.Va. Code §24-2-12(g) do not apply when an EWG decides to sell or otherwise transfer a siting certificate issued by the Commission.” [Nedpower Mount Storm, LLC and Shell Windenergy, Inc., Case No. 05-1486-E-PC, Conclusion of Law, No. 1, Order entered December 14,2005, p. 10. ] 5. Though the Siting Certificate and the Certificate of Convenience and Necessity are not being transferred or assigned, Longview has elected to provide this notice to the Commission of the transfer of ownership. 6. On October 12, 2006, GenPower, LLC transferred ninety percent (90%) of its membership interest in Longview to GenPower Holdings, L.P., a Cayman Islands Limited Partnership: On that date the ownership of Longview became: 90% Ownership - GenPower Holdings, L.P. 10% Ownership - GenPower, LLC. 7. The mailing address of GenPower, LLC is 1040 Great Plain Avenue, Needham, MA 02492. 8. The names and addresses of the managing members of GenPower, LLC are as follows: Robert D. S. Place, Chairman and Managing Director, 1040 Great Plain Avenue, Needham, MA 02492. John A. O’Leary-Vice Chairman and Managing Director, 1040 Great Plain Avenue, Needham, MA 02492. 9. The mailing address of GenPower Holdings, L.P., is 1 Lafayette Place, Greenwich, CT 06830. 10. The directors of GenPower Holdings, L.P. are as follows: Anne E. Gold, 1 Lafayette Place, Greenwich, CT 06830 Mark McComiskey, 1 Lafayette Place, Greenwich, CT 06830 11. Longview acknowledges that it remains obligated and bound by all terms and conditions of the Siting Certificate and Certificate of Convenience and Necessity issued by the Commission in the above-referenced cases and will ensure that the terms and conditions of the Siting Certificate and Certificate of Convenience and Necessity are met. 12. Longview will continue to be responsible for compliance and reporting on the same to the Commission. Longview will continue to honor all agreements entered into with third parties relating to the construction and operation of the EWG facility and transmission line. LONGVIEW POWER, LLC By Counsel Lynn C. Photiadis, Esquire (SB #284) Bowles Rice McDavid Graff & Love LLP 600 Quarrier Street, Post Office Box 1386 Charleston, West Virginia 25325-1386 Counsel for Longview Power, LLC

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Blackwater Canyon flows to Cheat River
by Duane330＠aol.com 16 Oct '06

16 Oct '06

OCTOBER 16, 2006 UPDATE: WV HISTORY THREATENED!!! 466 Comments received so far. Help us generate another 500 by Friday October 20, 2006. ACTION ALERT: Protest the Destruction of West Virginia History on the Blackwater Canyon Trail. Don’t let the US Forest Service Misuse the Historic Review (106) Process on the Canyon Trail and Blackwater Industrial Complex. Demand that the federal government avoid destruction of these important cultural resources -- a monument to West Virginia workers. Click the button below to learn more and to send a letter to the US Forest Service and the State Historic Preservation Office to stop the degradation of our history. Click the button below to TAKE ACTION! NEWS COVERAGE!!!!!!!! This issue was recently discussed in an article, written by Ken Ward, Jr., which appeared in the Charleston Saturday Gazette-Mail on October 14, 2006. Click here to view a text version of the article. If you prefer to submit your comments via US Mail, Fax or Phone. Please click here for contact information.

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Monitoring Instruments
by Duane330＠aol.com 11 Oct '06

11 Oct '06

CLEAR Monitoring Instruments 1. We now own a LaMotte 2020e Turbidity Meter. The “e” indicates that this instrument meets EPA guidelines for turbidity measurement. This is a portable meter with calibration solutions provided for accuracy. It can store data for subsequent downloading. Approximately half the cost was covered by our Stream Partners grant and the remainder from our general fund. 2. We now have twelve votes in favor of the purchase of a handheld pH meter that can also do conductivity and temperature. With help from Tim Craddock of WV-DEP, we have selected the Oakton EW-35630-02 Multimeter. This is a handheld device with three-in-one multi-sensor probe with 10 foot submersible cable for pH, conductivity and temperature. Three-point pH calibration and four-point conductivity calibration provides for high accuracy. The price is $587. In addition to three or four boats available for summer use, Mike Strager has volunteered to put his fishing boat to use in Lake monitoring during the (winter) months of low pool height. We also plan to continue monitoring from various shore line points throughout the year. Generally, days of high bacterial count also have elevated turbidity, although a specific high turbidity does not predict a specific level of fecal coliform or E. coli. PLEASE LET ME KNOW A.S.A.P. IF YOU HAVE ANY FURTHER QUESTIONS OR COMMENTS, AS WE NEED TO USE SOME OF THIS MONEY OR RETURN IT TO THE MONONGALIA COUNTY COMMISSION. Thank you, Duane

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Local hot climate...Post Gazette
by duane330＠aol.com 06 Oct '06

06 Oct '06

URL for article: http://www.post-gazette.com/pg/06279/727848-113.stm Study says Pittsburgh to be one hot town Fossil fuels seen to cause soaring temperatures here Friday, October 06, 2006 By Don Hopey, Pittsburgh Post-Gazette "Hot enough for you?" It's a common, sweltering, summertime query on the streets of Pittsburgh, but no matter what your response, you ain't seen nothing yet. James Hilston, Post-Gazette A new two-year study of climate change projections in the northeastern United States. By the end of this century, summers in Pittsburgh could resemble those in Georgia or Alabama if we continue the unabated burning of fossil fuels -- coal, oil and natural gas, according to a new two-year study of climate change projections in the northeastern United States. The Northeast Climate Impacts Assessment report released Wednesday says Pittsburgh, which annually averages nine days above 90 degrees and one day above 100 degrees now, could, by 2100, see 66 days above 90 degrees and 24 days above 100 degrees. Even if we begin to substantially reduce emissions of heat-trapping gases today, Pittsburgh's summer in 2100 will still warm up to resemble the temperatures now found in Kentucky and Virginia. That means the city will experience 30 days above 90 degrees and six days above 100 degrees. Such extreme heat can be problematic in urban areas, where it is amplified by the heat island effect and can create dangerous, unhealthy conditions for the elderly, children and other vulnerable populations. "The very notion of the Northeast as we know it is at stake," said Cameron Wake, co-lead author of the report and research associate professor at the University of New Hampshire's Climate Change Research Center. "The near-term choices we make in the Northeast and around the world will help determine the climate and quality of life our children and grandchildren experience." The assessment of how global warming may further affect the climate of Pittsburgh, and other areas in the northeastern United States, uses projections from three sophisticated, independently run climate change models. Each model compared what would happen if higher emissions of heat-trapping gases -- primarily carbon dioxide -- continued, to an alternate scenario in which emissions were substantially reduced. In both scenarios, the Northeast will experience significantly higher temperatures through the century's midpoint. But if immediate action is taken to cut emissions by 3 percent annually using existing, proven technologies, heat-trapping emissions would peak by mid-century and then decline, significantly reducing peak temperatures by the turn of the century. Taking the present, higher emissions path, winters here could warm by 8 to 12 degrees and summers by 6 to 14 degrees. Projections on the lower emissions path show increases of 5 to 7.5 degrees in winter and 3 to 7 degrees in summer. The higher temperatures will mean less snow throughout the Northeast. By the end of the century, the length of the winter snow season could be cut in half and the character of the seasons will change significantly if emissions are not reduced. Already, the report said, climate is changing in noticeable ways. Temperatures have been rising, particularly in winter, snow cover is decreasing and spring is arriving earlier. That doesn't sound so bad, but the smaller snow pack and higher summer temperatures will reduce the water supply, which will be further depleted by a longer growing season. Annual droughts are probable. "The character of the Northeast is already changing," said Katharine Hayhoe, a co-author of the report and research associate professor at Texas Tech University's Department of Geosciences. "Do we want to continue using fossil fuels at the present rate when we are, in effect, picking up the Northeast and moving it to the South?" M. Granger Morgan, head of the Department of Engineering and Public Policy at Carnegie Mellon University, said the conclusions of the new report are very similar to those of a U.S. Global Change Research Program study of climate change impacts on the United States done in 2000. "We're already committed to significant climate change. The question is can we decarbonize the electric system of the U.S., and the answer is yes for about 20 percent more than the current delivered price of electricity," said Mr. Morgan, who did not participate in the study but is an internationally recognized expert on climate change policy. "People who argue that a policy like that will wreck our economy are not paying attention to the current technology available." Though climate change is a global issue, the Northeast, from Pennsylvania through Maine, plays a big role. According to the report, the nine-state region produces more carbon dioxide emissions than all but six nations. In the Northeast, transportation emissions account for the most emissions, one-third of the total, and electric power plant emissions total just under one-third. Peter Frumhoff, Union of Concerned Scientists director of the Global Environment Program, said a simple "replacement strategy" -- using fuel-efficient, low-emission or no-emission technologies already available -- could allow the region, nation and world to reduce emissions by as much as 3 percent a year over the next 25 years. "Right now we're adding fuel to a fire and it will burn more intensely if we don't make changes," said William Moomaw, professor and director of the Center for International Environment and Resource Policy at Tufts University. "Doing nothing is the worst action we can take." The Northeast Climate Impacts Assessment is a collaboration of the Union of Concerned Scientists and a 14-member team of climate experts to assess climate change and its impacts on the northeastern United States. The group already has begun a follow-up round of analyses to assess climate change impacts on forests, agriculture, coastal areas, urban centers and human health, as well as options for mitigation and adaptation. A report is expected early next year. "Our forests will be affected by higher temperatures and lower water, as will our agriculture and public health, even under the aggressive lowering of emissions. We need to prepare and cope with the changes because the impacts are now unavoidable," Mr. Frumhoff said. "And our potential to cope is a factor of the emissions choices we make today. The chance we have now is to minimize the stresses on the system by minimizing emissions of heat-trapping gases." (Don Hopey can be reached at dhopey(a)post-gazette.com or 412-263-1983. ) ________________________________________________________________________ Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more.

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Approval needed..........
by Duane330＠aol.com 02 Oct '06

02 Oct '06

Greetings to CLEAR members and friends......... Today, the activities under our Stream Partners grant come to a close, after seeing quite a number of sampling campaigns on Cheat Lake and its feeder streams........ a report and summary are in preparation. We have permission to spend the remaining $470 on a portable turbidity meter that can be used to monitor the Lake at various locations during the coming months and years. We will need to dip into our regular CLEAR bank account of approximately $2500 to cost share the cost of this instrument in the amount of $450. In addition, it is proposed that we purchase a portable (hand- held) meter that will simultaneously do the pH, conductivity, and either temperature or dissolved oxygen. This will cost approximately $500. That would reduce our regular account balance to around $1500. Then, our annual allocation from the Monongalia County Commission is $2000 this budget year; this is money we can claim now via a letter of request. This will bring our regular account balance to $3,500. PLEASE INDICATE IF YOU HAVE QUESTIONS AND/OR IF YOU APPROVE OF THE ABOVE RECOMMENDED PURCHASES. ALSO, IF YOU HAVE SUGGESTIONS OF PROJECTS FOR THE COMING THREE MONTHS OF 2006, OR FOR THE SPRING AND SUMMER OF 2007, PLEASE LET US KNOW AS SOON AS POSSILE. Best wishes for a most colorful autumn, Duane Nichols CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION

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CLEAR October 2006