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Progress and Action A.S.A.P.
by Duane330＠aol.com 14 Jan '07

14 Jan '07

CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION CLEAR Activities Report, January 11, 2007 CLEAR completed work under a special grant of $5,000 under the Stream Partners program of the State of West Virginia at the end of September 2006. These funds were kept in a separate bank account so as not to be co-mingled with the other (regular) funds of CLEAR. It was confired that from time to time the lake shows significant levels of fecal coliform or E. coli, such that some precautions should be taken by swimmers others in contact with the water; but, in general, most areas show a water quality that is reasonably good – most of the time. After heavy rains, the turbidity increases and the bacterial count also rises, as contamination upstream is washed into the main body of the Lake. We have purchased two portable instruments to monitor the waters of the Lake and feeder streams during the coming months. One is a portable meter for simultaneous measurements of pH, conductivity and temperature. The other measures “turbidity”, which is related to the amount of fine suspended ‘solids’ in the water that cause the water to be cloudy or opaque. We are planning to meet with Colonel Fields, the new supervisor of security at the Cheat Lake Park and Trail, to discuss recreational enhancements and possible joint activities This planning is expected to be complete by April 1, 2006 with immediate implementation possible. Such a trial program could provide needed information for the longer term recreational programs at the Park and Trail. Other programs planned for the spring include a public lecture on the natural environment of Cheat Lake and surroundings, a program on boating safety in cooperation with the WV Department of Natural Resources, etc. We recently discussed the problems of shoreline erosion with Allegheny Energy. While the problem is a difficult one, at least two significant projects were identified for possible adoption. These are currently being explored. [A related problem is caused by floating debris; this too is a difficult problem, but one worthy of consideration this spring.] Settlement negotiations are continuing with AWP regarding protection for the Cheat three-tooth snail and the Indiana bat in the Cheat Canyon. The law suit in federal district court includes CLEAR, the Friends of Blackwater, and the State Chapter of the Sierra Club as plaintiffs. It was reported to the federal court yesterday that significant progress towards a settlement has been made. CLEAR is a participant with Citizens for Responsible Development and Citizens for Alternatives to Longview Power (CALP) and other “concerned citizens” regarding the proposed 600 MW Longview power plant. We have recently provided information and motions to the Public Service Commission requesting that Longview provide proper “public notice” of proposed changes in their plans. These changes include an increase to 695 MW output with the same coal input, larger buildings (the turbine building would be 20% taller), more water consumption (12% increase), and other possible impacts. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ACTION ITEMS LOOKING FORWARD Please email me as soon as possible if you will be able to join in a working group starting in February on one of the following topics: 1. Recreation programs at the Park and Trail. 2. Shoreline erosion and lake debris control. 3. Boating and swimming safety. 4. Planning and sustained development around the Lake. 5. Public Lecture program: The natural environment, boating and swimming safety, planning & sustained development in the Cheat Lake area, etc. Which of these activities could you work on during February thru August? >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Respectfully submitted, Duane Nichols, CLEAR President _duane330(a)aol.com_ (mailto:duane330@aol.com)

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Reducing Global Impacts of CO2
by Duane330＠aol.com 12 Nov '06

12 Nov '06

**************For Immediate Release************** Subject: The Cool Cities Program on Global Warming Title: Reducing the Impacts of Carbon Dioxide Emission Contact: Joshua Rutkowski 304-296-3967 jrutkow(a)gmail.com Date: Wednesday, November 15th 2006, at 7 pm. Place: Morgantown Public Safety Building Concerned about global warming and its influence on our future? Join us for a meeting about taking charge of our own carbon dioxide emissions. Citizens, businesses and community leaders will be meeting this Wednesday at 7 p.m. in the Morgantown Public Safety Building to discuss our local impact on global warming. The meeting will cover how Morgantown can take responsibility for its carbon dioxide emissions. The Mon Valley Clean Air Coalition joins the Monongahela Chapter of the Sierra Club as sponsors of this event. Please come on out, and help out; it's not too early; and, it's not too late.

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Snail litigation on hold.
by Duane330＠aol.com 12 Nov '06

12 Nov '06

CHEAT CANYON LITIGATION UPDATE The latest information is as follows: The litigation is on hold until November 30th, negotiations were ordered by Judge Stamp of the federal district court in Wheeling. Further information will be provided as it becomes available. Additional funds are needed. Please help out if you can. Thank you, Duane.

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(no subject)
by Duane330＠aol.com 12 Nov '06

12 Nov '06

CHEAT CANYON LITIGATION UPDATE Litigation between Allegheny Wood Products (AWP) and Friends of Blackwater, West Virginia Sierra Club, and Cheat Lake Environment and Recreation Association has been rescheduled. The case will open on November 14th in Wheeling, WV. AWP has agreed not to restart logging operations in the Cheat Canyon until there is a ruling. The Endangered Species Act stipulates that whenever an activity will result in the disturbance (killing) of federally listed endangered species the company responsible for the disturbance must file for an "incidental take permit". This requires that a Habitat Conservation Plan (HCP) be prepared and approved. This does not prevent the activity from occurring, but does insure that steps will be taken to protect the habitat of an endangered species. AWP makes the unlikely claim that they can log the Cheat Canyon without disturbing the Cheat three-tooth snail, and therefore they need not prepare an HCP. They base their position on a very questionable study in which snails were searched for in late fall, during the dormant part of their life cycle. The plaintiffs dispute this and want the endangered species act enforced. They believe that there is habitat consistent with the snail throughout the Canyon, particularly the river right bank below Even Nastier Rapid, which is where AWP plans to log next. The three environmental organizations have paid for an extensive Cheat Snail Habitat Study and have excellent pro-bono representation. However, they are short of funds to pay travel costs and other expenses of their lawyers. Attorney Josh Barrett (from Charleston) and Eric Glitzenstein and Erin Tobin (from Washington, DC) have traveled extensively to take depositions and participate in pretrial conferences. They will need to travel to Wheeling for up to three days in November. They have prepared a strong case. Your continued support is needed. Please make checks payable to "CLEAR" with the notation "Cheat Snail Project" and sent to: Donna Weems, Treasurer Cheat Lake Environment &Recreation Association 320 Dream Catcher Circle Morgantown, WV 26508

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Lake level down til Wed eve
by Duane330＠aol.com 09 Nov '06

09 Nov '06

To: CLEAR Lakers RE: Lake level down to 860 for maintenance to winter fishing boat ramp at the Cheat Lake Park, 10 feet below summer pool height Anyone wishing to explore the Lake at low "tide" will find that the Lake level is now 10 feet below its normal summer pool height. This level is 860 feet above sea level. The level will be maintained at 860 until Wednesday evening. The level will be kept at 860 for maintenance work by WV Department of Natural Resources on the "new" boat ramp, which is open only from November 1st to May 1st each year. You can get a strange and interesting perspective on the Lake when the level is down........... almost "wild and wonderful".......though a bit unsightly................. ........see those islands out there, some are natural as seen on maps prepared before the lake was created. Duane See also: _www.cheatlaketoday.com_ (http://www.cheatlaketoday.com)

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Snail Trial On Hold
by Duane330＠aol.com 07 Nov '06

07 Nov '06

RE: Three-tooth Snail in Cheat Canyon The case has been "stayed" so that the parties pursue court-ordered negotiations. The parties have been directed to report to the Court by November 30. AWP has agreed and represented to the Court that it will not do any road-building or logging in the Cheat Canyon until either the parties come to a settlement or, failing settlement, the court issues a ruling that would allow them to go forward. As you may recall, AWP has not filed for an "incidental take permit" or a "habitat conservation plan" for the Cheat Canyon logging operations, so as to protect the very rare and endangered "Cheat three-tooth snail". We are being represented by Josh Barrett, Esquire, of Charleston, WV; and, he is being assisted by two lawyers from Washington, DC, who are well versed on the "endangered species act", namely Erin Tobin and Eric Glitzenstein. CLEAR is one of the parties in this case, along with the State Chapter of the Sierra Club and the Friends of the Blackwater. Let me know if you have any questions at this time. So, the trial is on hold at this time. We will find out more on November 30th. Thank you for your interest, support and assistance. Let me know if you have ideas for fund-raising. Duane Nichols, CLEAR President Contributions can be sent to: Donna Weems, CLEAR Treasurer 320 Dream Catcher Circle Morgantown, WV 26508

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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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