December 2008 - EC - lists.bikelover.org

FW: NYT (Friedman -- While Detroit Slept)
by James Kotcon 05 Jan '10

05 Jan '10

From my father-in-law. JBK >>> "Bob Elliott" <rdelliott(a)socal.rr.com> 12/12/2008 7:29 AM >>> <http://www.nytimes.com/> <http://www.nytimes.com/> The New York Times <http://www.nytimes.com/> _____ December 10, 2008 Op-Ed Columnist While Detroit Slept By <http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists/tho maslfriedman/index.html?inline=nyt-per> THOMAS L. FRIEDMAN As I think about our bailing out Detroit, I can't help but reflect on what, in my view, is the most important rule of business in today's integrated and digitized global market, where knowledge and innovation tools are so widely distributed. It's this: Whatever can be done, will be done. The only question is will it be done by you or to you. Just don't think it won't be done. If you have an idea in Detroit or Tennessee, promise me that you'll pursue it, because someone in Denmark or Tel Aviv will do so a second later. Why do I bring this up? Because someone in the mobility business in Denmark and Tel Aviv is already developing a real-world alternative to Detroit's business model. I don't know if this alternative to gasoline-powered cars will work, but I do know that it can be done - and Detroit isn't doing it. And therefore it will be done, and eventually, I bet, it will be done profitably. And when it is, our bailout of Detroit will be remembered as the equivalent of pouring billions of dollars of taxpayer money into the mail-order-catalogue business on the eve of the birth of eBay. It will be remembered as pouring billions of dollars into the CD music business on the eve of the birth of the iPod and iTunes. It will be remembered as pouring billions of dollars into a book-store chain on the eve of the birth of Amazon.com and the Kindle. It will be remembered as pouring billions of dollars into improving typewriters on the eve of the birth of the PC and the Internet. What business model am I talking about? It is Shai Agassi's electric car network company, called Better Place. Just last week, the company, based in Palo Alto, Calif., announced a partnership with the state of Hawaii to road test its business plan there after already inking similar deals with Israel, Australia, the San Francisco Bay area and, yes, Denmark. The Better Place electric car charging system involves generating electrons from as much renewable energy - such as wind and solar - as possible and then feeding those clean electrons into a national electric car charging infrastructure. This consists of electricity charging spots with plug-in outlets - the first pilots were opened in Israel this week - plus battery-exchange stations all over the respective country. The whole system is then coordinated by a service control center that integrates and does the billing. Under the Better Place model, consumers can either buy or lease an electric car from the French automaker Renault or Japanese companies like Nissan (General Motors snubbed Agassi) and then buy miles on their electric car batteries from Better Place the way you now buy an Apple cellphone and the minutes from AT&T. That way Better Place, or any car company that partners with it, benefits from each mile you drive. G.M. sells cars. Better Place is selling mobility miles. The first Renault and Nissan electric cars are scheduled to hit Denmark and Israel in 2011, when the whole system should be up and running. On Tuesday, Japan's Ministry of Environment invited Better Place to join the first government-led electric car project along with Honda, Mitsubishi and Subaru. Better Place was the only foreign company invited to participate, working with Japan's leading auto companies, to build a battery swap station for electric cars in Yokohama, the Detroit of Japan. What I find exciting about Better Place is that it is building a car company off the new industrial platform of the 21st century, not the one from the 20th - the exact same way that Steve Jobs did to overturn the music business. What did Apple understand first? One, that today's technology platform would allow anyone with a computer to record music. Two, that the Internet and MP3 players would allow anyone to transfer music in digital form to anyone else. You wouldn't need CDs or record companies anymore. Apple simply took all those innovations and integrated them into a single music-generating, purchasing and listening system that completely disrupted the music business. What Agassi, the founder of Better Place, is saying is that there is a new way to generate mobility, not just music, using the same platform. It just takes the right kind of auto battery - the iPod in this story - and the right kind of national plug-in network - the iTunes store - to make the business model work for electric cars at six cents a mile. The average American is paying today around 12 cents a mile for gasoline transportation, which also adds to global warming and strengthens petro-dictators. Do not expect this innovation to come out of Detroit. Remember, in 1908, the Ford Model-T got better mileage - 25 miles per gallon - than many Ford, G.M. and Chrysler models made in 2008. But don't be surprised when it comes out of somewhere else. It can be done. It will be done. If we miss the chance to win the race for Car 2.0 because we keep mindlessly bailing out Car 1.0, there will be no one to blame more than Detroit's new shareholders: we the taxpayers. _____ Make your life easier with all your friends, email, and favorite sites in one place. Try <http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000 010> it now.

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huge coal ash sludge spill in Tennessee
by Jim Sconyers 07 Jan '09

07 Jan '09

Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. --- On Tue, 12/23/08, Dave Cooper <davecooper928(a)yahoo.com> wrote: From: Dave Cooper <davecooper928(a)yahoo.com> Subject: [Dave Coopers Mountain Top Removal Roadshow] Huge environmental disaster in Tennessee - Coal Ash spill To: "Mountaintop Removal Road Show list" <mountaintopremovalroadshow(a)lists.riseup.net> Date: Tuesday, December 23, 2008, 8:05 AM Friends, There was a huge and terrible environmental disaster in Tennessee yesterday. The Tennessee Valley Authority, better known as TVA, has a coal-burning power plant located near Harriman, Tennessee, along Interstate 40 between Knoxville and Nashville. The stuff that is left over after TVA burns their coal is called coal ash. Coal ash contains mercury and dangerous heavy metals like lead and arsenic - materials found naturally in coal are concentrated in the ash. TVA has a huge mountain of this coal waste material stored in a gigantic pile next to their Harriman (Kingston) power plant, alongside a tributary of the Tennessee River. On Monday morning Dec. 22 around 1:00 am, the earthen retaining wall around this mountain of coal ash failed and approximately 500 million gallons of nasty black coal ash flowed into tributaries of the Tennessee River - the water supply for Chattanooga TN and millions of people living downstream in Alabama, Tennessee and Kentucky. This Tennessee TVA spill is over 40 times bigger than the Exxon Valdez spill in Alaska, if local news accounts are correct. *** This is a huge environmental disaster of epic proportions. To see an amazing aerial video of the spill - the big hunks and chunks in the river are mounds of coal ash: http://www.youtube.com/watch?v=rGmVCABMRRQ There is better aerial footage but you have to watch an Applebees commercial first - go to the link below, then scroll down to the "Most Popular" section and find the button that says "aerial footage" http://www.wbir.com/video/default.aspx?aid=74330 The local media are downplaying the spill, but the Nashville newspaper (The Tennessean) has a decent article, posted below. When I first saw the 300 million gallon Martin County coal sludge spill in Kentucky in October 2000 I was outraged. I was sure that it would be a national news story, but it never was, because the coal companies and local law enforcement blocked the road leading to the spill and kept the media out. The national media was confused because they didn't know what "coal sludge" was. And ....the big national environmental groups didn't do enough to bring media attention to the Martin County disaster. Thats not going to happen this time, because we have 1. You Tube 2. Bloggers 3. Digital cameras 4. You! Please help - we need volunteers to take pictures and video of the spill and post them on the web. We need first hand accounts and documentation of the spill. We need letters to the editor. We need calls and emails to our leaders in Washington and Nashville and Frankfort and to President-Elect Obama. Please fwd this email to other concerned people and the news media. *** There is no such thing as clean coal! Look at the video of this spill. "Clean Coal" is The Big Corporate Lie. This horrific disaster in Tennessee can be the turning point in our nation's struggle to build a new network of clean modern renewable sources of energy, like wind and solar power - but we have to raise awareness of this disaster immediately. Thanks for reading. Here is the Tennessean's coverage: http://www.tennessean.com/article/20081223/GREEN02/812230370/1001/RSS6001 Flood of sludge breaks TVA dike Collapse poses risk of toxic ash By Anne Paine and Colby Sledge • THE TENNESSEAN • December 23, 2008 HARRIMAN, Tenn. — Millions of cubic yards of ashy sludge broke through a dike at TVA's Kingston coal-fired plant Monday, covering hundreds of acres, knocking one home off its foundation and putting environmentalists on edge about toxic chemicals that may be seeping into the ground and flowing downriver. One neighboring family said the disaster was no surprise because they have watched the 1960s-era ash pond's mini-blowouts off and on for years. About 2.6 million cubic yards of slurry — enough to fill 798 Olympic-size swimming pools — rolled out of the pond Monday, according to the U.S. Environmental Protection Agency. [There are 200 gallons per cubic yard so this is about 500 million gallon - Dave] Cleanup will take at least several weeks, or, in a worst-case scenario, years. The ash slide, which began just before 1 a.m., covered as many as 400 acres as deep as 6 feet. The wave of ash and mud toppled power lines, covered Swan Pond Road and ruptured a gas line. It damaged 12 homes, and one person had to be rescued, though no one was seriously hurt. Much remains to be determined, including why this happened, said Tom Kilgore, president and CEO of the Tennessee Valley Authority. "I fully suspect that the amount of rain we've had in the last eight to 10 days, plus the freezing weather … might have had something to do with this," he said in a news conference Monday on the site. The area received almost 5 inches of rain this month, compared with the usual 2.8 inches. Freeze and thaw cycles may have undermined the sides of the pond. The last formal report on the condition of the 40-acre pond — an unlined, earthen structure — was issued in January and was unavailable Monday, officials said. Neighbors Don and Jil Smith, who have lived near the pond for eight years, said that nearly every year TVA has cleaned up what they termed "baby blowouts." Ashen liquid similar to that seen on a much larger scale in Monday's disaster came from the dike, they said. "It would start gushing this gray ooze," said Don Smith, whose home escaped harm. "They'd work on it for weeks and weeks. "They can say this is a one-time thing, but I don't think people are going to believe them." The U.S. Coast Guard, EPA, Tennessee Emergency Management Agency and Tennessee Department of Environment and Conservation were among agencies that responded to the emergency. Toxic irritants possible Coal is burned to produce electricity at the Kingston Fossil Plant, notable for its tall towers seen along Interstate 40 near the Harriman exit in Roane County. Water is added to the ash, which is the consistency of face powder, for pumping it to the pond. The ash is settled out in that pond before the sludge is moved to other, drier ponds, Kilgore said. Coal ash can carry toxic substances that include mercury, arsenic and lead, according to a federal study. The amount of poisons in TVA's ashy wastes that could irritate skin, trigger allergies and even cause cancer or neurological problems could not be determined Monday, officials said. Viewed from above, the scene looked like the aftermath of a tsunami, with swirls of dirtied water stretching for hundreds of acres on the land, and muddied water in the Emory River. The Emory leads to the Clinch, which flows into the Tennessee. Workers sampled river water Monday, with results expected back today, but didn't sample the dunelike drifts of muddy ash. That could begin today, officials said, and the potential magnitude of the problem could make this a federally declared Superfund site. That would mean close monitoring and a deep, costly cleanup requiring years of work. "We'll be sampling for metals in the ground to see what kind of impact that had," said Laura Niles, a spokeswoman for the EPA in Atlanta. "Hopefully, it won't be as bad as creating a Superfund site, but it depends on what is found." Stephen Smith, with the Southern Alliance for Clean Energy in Knoxville, said those concerned about water and air quality have tried for years to press for tighter regulation of the ash. The heavy metals in coal — including mercury and other toxic substances — concentrate in the ash when burned, he said. "You know where that is now," he said. "It's in that stuff that's all over those people's houses now." Chemicals and metals from coal ash have contaminated drinking water in several states, made people and animals sick in New Mexico, and tainted fish in Texas and elsewhere, according to Lisa Evans, an attorney with Earthjustice, a nonprofit national environmental law firm that follows the issue. "It's discouraging because this is an easy problem to fix," she said. Ash could be recycled by using it to make concrete and at the very least should be placed in lined, state-of-the-art landfills, she said. Plant is still operating TVA's Kilgore said that chemicals in the ash are of concern, but that the situation is probably safe. The power plant is still operating, sending the ash to a larger pond on the site. "There are levels of chemicals in there that we are concerned about," Kilgore said. "We don't think there's anything immediate of danger because most of that's contained, but that's why we have sampling folks out." Officials were monitoring a water intake that serves Kingston City and is only a few miles downstream from the Kingston plant, but said no problem had been noted there as of Monday afternoon. The power producer, which oversees the Tennessee River system, had slowed river flow in the area, releasing less water from key dams, so the pollution might be better contained for possible cleanup. TVA has insurance for an event like this, spokeswoman Barbara Martucci said, but what the cleanup cost is and how much insurance will pay remains to be determined. Otherwise, ratepayers in Tennessee could bear much of the costs. TVA provides virtually all the electricity in the state, along with parts of six others. Contact Anne Paine at 615-259-8071 or apaine(a)tennessean.com. Dave Cooper The Mountaintop Removal Road Show http://www.mountainroadshow.com/ 608 Allen Ct. Lexington KY 40505 (859) 299 5669 Call for a volunteer presentation in your community!This is an informational monthly email about mountaintop removal. To unsubscribe, send a blank email to: mountaintopremovalroadshow-unsubscribe(a)lists.riseup.net Thanks!

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Energy Commitee Call Tuesday evening at 6 PM?
by Jim Sconyers 30 Dec '08

30 Dec '08

info below Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. --- On Sun, 12/28/08, Jim Sconyers <jim_scon(a)yahoo.com> wrote: From: Jim Sconyers <jim_scon(a)yahoo.com> Subject: Re: [EC] Energy Commitee Call Tuesday evening at 6 PM? To: "James Kotcon" <jkotcon(a)wvu.edu>, EC(a)osenergy.org Cc: mdavis(a)wvu.edu Date: Sunday, December 28, 2008, 5:51 PM For conference call: Tuesday 12.30.2008, 6:00 PM Dial-in: 866-501- 6174 Enter conference code: 1005700 re hydro: seems to be a lot of interest in hydro, not just low-head; is there a definition of "low impact hydro"? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. From: James Kotcon <jkotcon(a)wvu.edu> To: EC(a)osenergy.org Cc: mdavis(a)wvu.edu Sent: Sunday, December 28, 2008 4:29:49 PM Subject: [EC] Energy Commitee Call Tuesday evening at 6 PM? It looks like this may be our best shot at a call. I propose Tuesday evening at 6 PM. I hope we will finish by 7 PM. Jim S., do you have the info for setting up this call? JBK Among the Agenda items needing a decision, action, assignments, and brainstorming, please be thinking about the following. let me know if you have any additional topics to be discussed. 1) PATH/TrAIL fundraising letter 2) Other PATH fundraising actions, grants, etc. 3) Proposed budget for 2009 (We have discussed the potential for hiring an organizer to do grassroots development/membership around PATH, as well as legal and technical costs of appeals.) 4) PATH New Matter Form (to be circulated soon) 5) Coal-To-Liquids plant in Mingo County 6) Carbon Capture and Sequestration at Mountaineer Plant/Mason County 7) NIETC Comments to FERC (Due Dec. 31) 8) 2009 state legislative agenda (PSC reform, Green Buildings, RPS, EEPS, etc.) 9) Energy Committee Membership (Who is interested in continuing, suggest new members, etc.) 10) Future PATH public meetings (Feb) and Sierra Club Transmission Line Legal Forum (March) 11) Marcellus Shale 12) Low Impact Hydro power? 13) More Action? _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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Energy Commitee Call Tuesday evening at 6 PM?
by James Kotcon 30 Dec '08

30 Dec '08

It looks like this may be our best shot at a call. I propose Tuesday evening at 6 PM. I hope we will finish by 7 PM. Jim S., do you have the info for setting up this call? JBK Among the Agenda items needing a decision, action, assignments, and brainstorming, please be thinking about the following. let me know if you have any additional topics to be discussed. 1) PATH/TrAIL fundraising letter 2) Other PATH fundraising actions, grants, etc. 3) Proposed budget for 2009 (We have discussed the potential for hiring an organizer to do grassroots development/membership around PATH, as well as legal and technical costs of appeals.) 4) PATH New Matter Form (to be circulated soon) 5) Coal-To-Liquids plant in Mingo County 6) Carbon Capture and Sequestration at Mountaineer Plant/Mason County 7) NIETC Comments to FERC (Due Dec. 31) 8) 2009 state legislative agenda (PSC reform, Green Buildings, RPS, EEPS, etc.) 9) Energy Committee Membership (Who is interested in continuing, suggest new members, etc.) 10) Future PATH public meetings (Feb) and Sierra Club Transmission Line Legal Forum (March) 11) Marcellus Shale 12) Low Impact Hydro power? 13) More Action?

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Re: [EC] Some more info on CO2
by James Kotcon 29 Dec '08

29 Dec '08

There is a lot of potential in algae to sequester CO2, however, in most cases, the algae is used as an oil feedstock for liquid transportation fuels. Hence this merely delays the time before the fossil carbon hits the atmosphere. The key is to use sequestration on biomass-derived fuels, then pump the sequestered CO2 back underground. Such a process produces a net reduction in atmospheric CO2. I have heard of some truly impressive rates of CO2 sequestration from algae, but the energy source is still sunlight, and that means the area needed for algae ponds to sequester all the CO2 from a coal-fired power plant would be truly huge (as in many square miles). I am not aware of any algae sequestration project that would sequester more than a tiny fraction of the CO2 from a coal-fired plant. I would like to see a lot more research in this area, but I do not see it being a commercially viable technology on the scale needed in the foreseeable future. JBK >>> Michael Price <greyhawkwv(a)verizon.net> 12/29/2008 6:32 PM >>> This site has some interesting info. mike http://peswiki.com/index.php/Directory:CO2_Sequestration

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Re: [EC] CO2/ Algae
by Michael Price 29 Dec '08

29 Dec '08

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CO2/ Algae
by Michael Price 29 Dec '08

29 Dec '08

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Getting Renewable Power to the People - the Grid
by Jim Sconyers 28 Dec '08

28 Dec '08

Grids... Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. Getting Renewable Power to the People by David R. Baker The Southern California desert could produce a gusher of renewable energy. Strong sunlight bathes its open plains, even in winter. Powerful winds stream through its mountain passes. Fractures in the earth along the San Andreas Fault heat pools of underground water - the perfect fuel for geothermal power plants. There is, however, a problem. Most Californians don't live there. Click here to read more on our site CommonDreams.org is an Internet-based progressive news and grassroots activism organization, founded in 1997. We are a nonprofit, progressive, independent and nonpartisan organization. About Us | Donate | Contact Us| Sign-Up To inform. To inspire. To ignite change for the common good.

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PATH New Matter Form
by James Kotcon 26 Dec '08

26 Dec '08

Attached is a draft of the PATH New Matter Form. Please mark up any comments, and we will discuss this on the Energy Committee Conference Call. It is looking like this will occur at 7 PM on either Monday or Tuesday evening, but no ideal time when everyone can be on the call has presented itself yet. JBK

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Please Respond-Energy Committee Conference Call
by James Kotcon 25 Dec '08

25 Dec '08

I would like to schedule a conference call to make plans for the 2009 Sierra Club Energy Committee Campaigns, and just realized that the Holidays are going to create scheduling conflicts for some people. Among the Agenda items needing a decision, action, assignments, and brainstorming, please be thinking about the following. let me know if you have any additional topics to be discussed. 1) PATH/TrAIL fundraising letter 2) Other PATH fundraising actions, grants, etc. 3) Proposed budget for 2009 (We have discussed the potential for hiring an organizer to do grassroots development/membership around PATH, as well as legal and technical costs of appeals.) 4) PATH New Matter Form (to be circulated soon) 5) Coal-To-Liquids plant in Mingo County 6) Carbon Capture and Sequestration at Mountaineer Plant/Mason County 7) NIETC Comments to FERC (Due Dec. 31) 8) 2009 state legislative agenda (PSC reform, Green Buildings, RPS, EEPS, etc.) 9) Energy Committee Membership (Who is interested in continuing, suggest new members, etc.) 10) Future PATH public meetings (Feb) and Sierra Club Transmission Line Legal Forum (March) 11) More Action? Please let me know which of the following times/dates you will be available: Saturday, Dec. 27, 11 AM Saturday, Dec. 27, 7 PM Sunday, Dec. 28 1 PM Sunday, Dec. 28 7 PM Monday, Dec. 29 7 PM Tuesday, Dec. 7 PM Wed. Dec. 31, 1 PM Wed. Dec. 31 6 PM Only available after Jan. 1 My apologies for any inconvenience. I really should have done this sooner, and will try to schedule this when the most people can participate. Jim Kotcon 304-293-8822 (office) 304-594-3322 (home) P.S. If you are no longer interested in working on this committee, let me know that too, and we can find replacements.

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Fw: Mingo coal-to-gasoline idea raises red flags
by Jim Sconyers 24 Dec '08

24 Dec '08

----- Forwarded Message ---- From: Vivian Stockman <vivian(a)ohvec.org> To: fom(a)lists.riseup.net Sent: Wednesday, December 24, 2008 10:54:08 AM Subject: Mingo coal-to-gasoline idea raises red flags http://www.dailymail.com/Opinion/Commentary/200812240248 Wednesday December 24, 2008 Mingo coal-to-gasoline idea raises red flags Let us review what we would be getting into here By JIM SCONYERS please click link (don't forward whole article. clicks equals interest equals more coverage for our issues)

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Final EPA Non-Attainment Designations PM 2.5
by Duane330＠aol.com 24 Dec '08

24 Dec '08

West Virginia Charleston, WV Kanawha Putnam Kanawha Putnam Kanawha Putnam Huntington-Ashland, WV-KY-OH Cabell Mason (p) Wayne Cabell Mason (p) Wayne Morgantown, WV Monongalia Monongalia Parkersburg-Marietta, WV-OH Pleasants Wood Pleasants (p) Wood Pleasants (p) Wood Steubenville-Weirton, OH-WV Brooke Hancock Brooke Hancock Brooke Hancock See the following web site.............. _http://www.epa.gov/pmdesignations/2006standards/regs.htm#3_ (http://www.epa.gov/pmdesignations/2006standards/regs.htm#3) **************One site keeps you connected to all your email: AOL Mail, Gmail, and Yahoo Mail. Try it now. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000…)

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An informed discussion of coal economics, which suggests a decrease in domestic demand but a vast increase in coal exports from US -- and, consequently, no necessary decrease in domestic coal production.
by William V. DePaulo, Esq. 24 Dec '08

24 Dec '08

*New Coal Economics*<http://www.energycentral.com/site/newsletters/ebi.cfm?id=614> * December 24, 2008* by Lee Buchsbaum <http://www.energyblogs.com/site/blog_this.cfm?article_type=4&article_id=614> Respond to the editor <energybizinsider(a)energycentral.com>. A perfect storm of rising world coal demand and falling international supplies is creating higher prices for U.S. producers who can sell into the export markets instead of domestically. Utilities are also facing rapidly escalating railroad transportation contracts as shippers take advantage of their pricing powers. Major utilities such as AEP, Duke, TVA and others are either raising rates or weighing their options while they struggle to contain their fuel costs, develop new procurement strategies and re-evaluate alternatives. Driving international demand for both coking and thermal coal are rising global electrical demand and coal consumption throughout Asia and India, and production shortfalls in South Africa, Australia and China itself. Throughout 2008, China has purchased as much Australian, Indonesian and Vietnamese coal as they can acquire -- even as less is exported from those producers because of their own growing domestic demands. South American coal, particularly from Colombia, is finding buyers who will purchase at higher rates than U.S. utilities, especially Western Europeans. With the falling dollar, selling to Asia, Europe or South America is giving coal producers a higher return than selling into the United States. "If I were running a coal company and I looked at what's happening on Capitol Hill and the states, I'd be very inclined to send my marketing team overseas," said Michael Morris, AEP chairman, president and CEO. "That's where it appears the growth market is going to be, not here domestically." In 2007, the United States exported almost 60 million tons of coal. This year, many expect that figure to be between 80 and 90 million tons. Estimates for 2009 are even higher at 100 million tons. Through June of this year, producers sent 40.4 million tons overseas, up 57 percent from 2007. With dollar devaluation, the "United States is on sale right now," said James River CEO Peter Socha. Most of what's heading overseas originates in Central Appalachia (CAPP) where some of the world's best remaining coking and thermal coal lies. However, after a century of extraction, much of CAPP's reserves have been depleted. Prices for coal have remained relatively high. According to Michael Quillen, Alpha Natural Resources chairman and CEO, those prices continue to escalate and production remains flat. "Even with dramatic increases in prices, we've not been able to match it with production. If we could, we would," confessed Quillen. "The CAPP basin is on an unstoppable downward slope of shrinking production, and higher prices don't necessarily imply that production can be re-stimulated. Higher prices are merely having the effect of extending reserves." *Fierce Competition* With fierce competition to get into the lucrative export market, producers are selling as much as possible overseas and shortening their contracts. "It's been a recent trend to leave more market pricing open as part of a producer's portfolio," said Chuck Zebula, AEP's new senior vice president and treasurer. Zebula, whose portfolio still includes fuel, contrasts the current market with years past. "Producers today want as many options as possible. They don't want to lock up their coal prices for five years anymore." With eastern coal moving into the export market, coals that would normally be sold elsewhere are filling the CAPP void. Northern Appalachia (NAPP) and Illinois Basin (IB) coals, while garnering higher pricing and being shipped overseas as well, are more expensive domestically, too. Utah, Colorado and PRB coals are also traveling further and, recently, are being shipped in increasing amounts to the West Coast for deep-pocketed Asian customers. Consequently, fuel managers of major utilities are seeing their costs escalate. Mike Hendon, senior manager of coal acquisitions at TVA said he's "never seen prices as volatile as they are now." TVA generates 60 percent of its energy from coal, burning from 45-47 million tons per year. "We're in a period of dramatic increases." To cover its costs, TVA is increasing its rates by 20 percent. To insulate themselves from transportation disruptions, many large utilities are expanding their coal sourcing, buying from different basins and blending. With costs rising for CAPP coal, TVA may increasingly turn to the Illinois Basin as several new and independent producers emerge, particularly in western Kentucky and southern Illinois. "We're happy to see the competition. It's always welcome," said Hendon. AEP is also mixing and matching. "We're in a unique position because we own a 600-unit barge fleet," Zebula said. "In this tightly priced market, we owe it to our shareholders to optimize our system." Rail is an effective but expensive option. While their rail service has improved, CSX is now demanding steep haulage prices, says Pat Cummings, fuel supply coordinator for Rail Transport at Seminole Electric in Florida. "We're facing huge increases in our rail rates that aren't economically justifiable in my opinion. But the railroads control the destination point. For any plant or entity that is served by only one carrier, you're captive and have no alternative." In today's marketplace, coal increasingly no longer wins economically. "If coal stays at $100-$150 a ton, and if natural gas remains as low as it is or continues to fall in price, a lot of utilities will look at gas instead," said Hendon. It's going to be interesting to see what pressure that puts on the coal market: $120 coal versus $7 gas. "We're at that point now with CAPP coal. Gas is becoming a viable alternative." Like it or not, coal is part of a global economy. The railroads and the producers understand that. And they are looking to the highest bidder, which is increasingly overseas. -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Non-attainment for PM 2.5 (particulate matter)
by Duane330＠aol.com 23 Dec '08

23 Dec '08

EPA Makes Decision to Designate Areas Not Meeting Standards for Fine Particle Pollution Press Release: U.S. EPA. Date: 12/22/2008 Contact Information: Cathy Milbourn, (202) 564-4355 /7849/ Milbourn.Cathy(a)epa.gov (Washington, D.C. – Dec.22, 2008)EPA has notified 25 governors and 23 tribal leaders that certain areas in their states and tribal lands do not meet the agency’s daily standards for fine particle pollution, also known as PM 2.5. “These designations are an important step in our steady march toward cleaner air,” said EPA Administrator Stephen L. Johnson. “We will continue working with our state and tribal partners to meet these air quality standards.” EPA closely reviewed recommendations from states and tribes along with public comments before making its decision to designate 211 counties and parts of counties as not meeting EPA’s PM 2.5 standards. These areas, called nonattainment areas, include counties with monitors violating the standards and nearby areas that contribute to that violation. Affected states and tribes will be required to take steps to reduce the pollution that forms fine particles. The vast majority of U.S. counties and tribal lands are meeting these standards, but will need to continue working to maintain clean air. In 2006, EPA strengthened the 24-hour fine particle standards from 65 micrograms per cubic meter to 35 micrograms per cubic meter of air to protect public health. Nationwide, monitored levels of fine particle pollution fell 11 percent from 2000 to 2007. Fine particles can either be emitted directly, or they can form in the atmosphere from reactions of sulfur dioxide and nitrogen oxides. Exposure to fine particle pollution can cause a number of serious health problems including aggravated asthma, increased hospital admissions and emergency room visits for respiratory and cardiovascular disease, heart attacks and premature death. More information on the designations: _http://www.epa.gov/pmdesignations/2006standards/index.htm_ (http://www.epa.gov/pmdesignations/2006standards/index.htm) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 10 Southwestern Pa. counties cited for not reaching soot pollution standards Tuesday, December 23, 2008, By Don Hopey, Pittsburgh Post-Gazette Ten southwestern Pennsylvania counties are among 211 counties and 23 Native American reservations across the nation designated by the U.S. Environmental Protection Agency yesterday as not meeting tighter federal health standards for fine particle soot pollution. Parts of Allegheny, Armstrong, Lawrence, Greene and Indiana, and all of Beaver, Butler, Washington, Westmoreland and Cambria counties were declared in "nonattainment" of the daily federal pollution standards for fine particulates. Also in nonattainment are seven counties around Philadelphia in the southeastern corner of the state, three around Harrisburg, two around Allentown and Lancaster County. Because of those designations, Pennsylvania and 24 other states containing counties not meeting the health standard must submit plans to the EPA detailing how they will reduce fine particle pollution or risk losing federal highway funding. Allegheny County and most of the other southwestern Pennsylvania counties struggled to meet less stringent health-based soot standards set in 1997. What's different for the fine particle standard set in 2006 is that the more polluted areas of some counties -- like Liberty-Clairton in Allegheny County -- have been carved out as nonattainment areas, while the remainder of the counties, where soot pollution readings are lower, can avoid the negative designation. "I think it's a good idea to back off the whole county designation. It allows us to concentrate our pollution reduction efforts in those areas where they are needed most," said Dr. Bruce Dixon, Allegheny County Health Department director. "From a health perspective, for many living in our county, airborne particulates are not the foremost pollutant," he said. "But in some areas of the Mon Valley where industry is concentrated, we need to recognize that it is." Dr. Dixon said U.S. Steel Corp.'s ongoing $1.2 billion coke oven replacement project at its Clairton Works will help the Liberty-Clairton area reduce soot levels and move that part of the Monongahela River Valley toward attainment of the federal standard. "It may even achieve the standard," he said. "But if not, we will look at reductions from other industry. We want every industry to make improvements to their processes that reduce pollution. Our first target date is 2010, so we have some time." The federal standard measures soot particles that are 2.5 micrometers in size, called PM 2.5 -- so small that several hundred could fit on the period at the end of this sentence. The fine particle pollution can be emitted directly from coal-burning power plants, other industrial sources or vehicles, or form in the atmosphere from chemical reactions involving sulfur dioxides and nitrogen oxides. Exposure to higher levels of such soot pollution can cause a number of serious health problems, including asthma, heart attacks and premature death, as well as increased hospital admissions and emergency room visits for respiratory and cardiovascular problems. The EPA designations culminate a two-year process that identified counties that failed to meet the 2006 standards and allowed states, tribal leaders, environmental groups and business and industry lobbyists to comment on the agency's proposed designations. The American Lung Association faulted the EPA for leaving five metropolitan areas and several counties with high air pollution off its nonattainment list for fine particles, saying it puts populations in those areas at risk. The five cities -- Houston, Texas; Augusta and Columbus, Ga.; Greenville, S.C.; and Fairmont, W.Va. -- all showed unhealthy year-round levels of soot pollution. In two of those cities, Columbus and Houston, fine particulate levels have worsened. "The Clean Air Act plainly requires the EPA to identify all the places where air pollution poses a threat to public health," said Paul Billings, American Lung Association vice president for national policy and advocacy. "The EPA has a responsibility to do more to protect public health when it comes to air pollution." The EPA said it "closely reviewed" recommendations from states and public comments before making its nonattainment designations. Don Hopey can be reached at _dhopey(a)post-gazette.com_ (mailto:dhopey@post-gazette.com) or 412-263-1983. First published on December 23, 2008 at 12:00 am **************One site keeps you connected to all your email: AOL Mail, Gmail, and Yahoo Mail. Try it now. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000…)

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Re: [EC] TransGas Development Systems
by James Kotcon 23 Dec '08

23 Dec '08

To Energy Committee: I just received an electronic copy of the air permit application for the proposed CTL plant in Mingo County, compliments of Joe Kessler at WV-DEP. Let me know if you want to see this, and I will forward the three e-mails containing the pdf files. JBK >>> "Kessler, Joseph R" <Joseph.R.Kessler(a)wv.gov> 12/23/2008 4:12 PM >>> I am going to send you an electronic copy of the TransGas application in Adobe in three e-mails so as not to clog up any local server. Please let me know if you successfully received the application. The e-mails will follow this one. Thanks Joe Kessler, PE Engineer West Virginia Division of Air Quality 601-57th St., SE Charleston, WV 25314 Phone: (304) 926-0499 x1219 Fax: (304) 926-0476 Joseph.r.kessler(a)wv.gov -----Original Message----- From: James Kotcon [mailto:jkotcon@wvu.edu] Sent: Monday, December 22, 2008 4:14 PM To: Kessler, Joseph R Subject: RE: TransGas Development Systems I am in no rush and am always happy to procrastinate in order to save a tree. Please send the link when it is available. Thank you. Jim Kotcon >>> "Kessler, Joseph R" <Joseph.R.Kessler(a)wv.gov> 12/22/2008 3:15 PM >>> Jim, we have received an application. I hope to have an electronic copy tomorrow, and when we get it, we are going to try to get it on the website as quickly as possible. If you would like to wait, I will send you a link just as soon as we get it up (or if the file is not too big, I can send it directly to you). We have a hard copy available here for review, as well. Thanks Joe Kessler, PE Engineer West Virginia Division of Air Quality 601-57th St., SE Charleston, WV 25314 Phone: (304) 926-0499 x1219 Fax: (304) 926-0476 Joseph.r.kessler(a)wv.gov -----Original Message----- From: James Kotcon [mailto:jkotcon@wvu.edu] Sent: Monday, December 22, 2008 2:44 PM To: Kessler, Joseph R Subject: TransGas Development Systems Mr. Kessler: A Dec. 10 news story described a coal-to-liquids plant proposed for Mingo County by TransGas Development Systems, and the news story indicated that a permit application was on file at DEP. But I have been unable to find anything available on it posted on the DAQ wev site. Do you have an application on file and would it be possible to get an electronic copy of the application. Jim Kotcon 304-293-8822 (office) 304-594-3322 (home)

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4 simple steps for Obama-including MTR
by Jim Sconyers 23 Dec '08

23 Dec '08

SC's Carl Pope enumerates 4 simple steps Obama can take on his first day in office - includes #3 Mountaintop Removal. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "aaron.isherwood(a)sierraclub.org" <aaron.isherwood(a)sierraclub.org> To: Alex Moir <alex(a)socm.org>; Landon Medley <beaugard(a)blomand.net>; bill.mccabe(a)sierraclub.org; Mullins Barbara <bmullins48(a)comcast.net>; bpricesc(a)earthlink.net; "Ramey, Carl" <carlramey(a)hotmail.com>; Cindy Rank <clrank(a)hughes.net>; Diane Bady (Diane Bady) <dbady(a)marshall.edu>; Judy Petersen (Judy Petersen) <Director(a)KWAlliance.org>; Emma Cheuse <echeuse(a)earthjustice.org>; Cathie Bird <iamhawk(a)bellsouth.net>; Jane's Mail <jabah2(a)comcast.net>; Janet Fout <janet.ovec(a)gmail.com>; Jason Flickner <Jason(a)KWAlliance.org>; Jennifer Chavez <jchavez(a)earthjustice.org>; Jim Sconyers <jim_scon(a)yahoo.com>; AACEE (AACEE) <jlovett(a)appalachian-center.org>; Joan Mulhern <jmulhern(a)earthjustice.org>; Judy Bonds <judy(a)crmw.net>; Kathy Selvage <kselvage(a)gmail.com>; Kathleen Sutcliffe <ksutcliffe(a)earthjustice.org>; Lauren.Trevisan(a)sierraclub.org; mjanes(a)hardynet.com; Sam <mountainaid(a)verizon.net>; Oliver.Bernstein(a)sierraclub.org; Bob <rmullins58(a)comcast.net>; Steve Roady <sroady(a)earthjustice.org>; Vernon Haltom <vernoncrmw(a)gmail.com>; Vivian Stockman <vivian(a)ohvec.org>; Larry Bush <www.larrylbush@gmail.com> Sent: Monday, December 22, 2008 4:50:09 PM Subject: Sierra Club ED Carl Pope on youtube: 4 simple steps the Obama administration can take This just in.... Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 http://uk.youtube.com/watch?v=oSTnU8mHA18&fmt=6

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Re: [EC] Fwd: Pennsylvania concerned about Marcellus Shale waste water
by Michael Price 22 Dec '08

22 Dec '08

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Fwd: Pennsylvania concerned about Marcellus Shale waste water
by James Kotcon 22 Dec '08

22 Dec '08

Thanks to Duane for finding and forwarding this article on Marcellus Shale drilling fluids. Knowledge is power. JBK >>> <duane330(a)aol.com> 12/22/2008 2:38 PM >>> State concerned about waste water from new gas wells Sunday, December 21, 2008, By Don Hopey, Pittsburgh Post-Gazette Gas well drillers tapping into the deep Marcellus Shales add up to 54 substances, some of them toxic, to the water they use to fracture that rock and release the gas. And the state Department of Environmental Protection doesn't know what chemicals, metals and possibly radioactive elements are in the waste water that is pushed out of the wells. It is discharged into the state's aterways including the Monongahela River, from which 350,000 people get their drinking water. "That's the bigger issue. They don't have an analysis of what's in the waste water they're pulling out," said Dr. Conrad Dan Volz, assistant professor in the Graduate School of Public Health at the University of Pittsburgh. "What they're putting into the wells can chemically change and be added to underground, and no one is saying how much arsenic, manganese, cobalt, chromium and lead is in the stuff. Depending on the concentration, it could be a hazardous waste." Each well drilled into the Marcellus Shales, which lie at least a mile deep beneath parts of Pennsylvania, New York, West Virginia and Ohio, uses up to 4 million gallons of water to fracture the rock and release natural gas. The chemicals are added to the "frac" water that is pumped into the wells under high pressure to reduce friction in the pipe and allow the water to flow more freely into the rock layers. Among the chemical additives are formaldehyde, a human carcinogen; various acids; a variety of petroleum compounds and several pesticides that are toxic to fish and other aquatic life. Many of the chemicals, depending on their concentrations, can also cause human skin, eye and nose irritations, and damage kidney, heart, liver and lung function. Much of that frac water -- about 40 percent of the total used -- is pushed back to the surface\ ?by the gas released from the shale, and it must be disposed of. "Yes, we're concerned," said Mark Hartle, chief of aquatic resources for the Pennsylvania Fish and Boat Commission. "And we're more concerned with the recovered fluids from the wells than ?with the water they use to do the fracing initially. The problem is, we're not sure what they're ?ending up with so we don't know the constituents of the discharges." Lou D'Amico, executive director of the Independent Oil & Gas Association of Pennsylvania, said frac water chemical concentrations are low and treatment facilities are removing much of the metals and dissolved solids from the waste water. "Companies are committed to huge investments to treat the waste water, because without that we're out of business," Mr. D'Amico said. "We're very aware of all the environmental and public concerns, and our mission is to develop the Marcellus shale as an economic benefit to Pennsylvania and in an environmentally sensitive way." He said drilling and fracing companies are doing a wide-ranging survey of the waste water, also known as "flow-back water," to show it is not a health hazard. Tom Rathbun, a DEP spokesman, said the department also is doing a chemical analysis of the waste water, a study that should be done by the first of the year. "We have a general idea but want to know for sure," Mr. Rathbun said. "If it's different, we will make the necessary adjustments. "I don't think they've been doing enough Marcellus Shales drilling so far to make a difference," Mr. Rathbun said. "But the gas industry needs to come up with a way to deal with this. A couple of companies want to do on-site water treatment, and others are looking at different recycling technologies." He said there are now only about 20 active Marcellus Shales gas wells. But there has been drilling activity at more than 300 in Pennsylvania, and another 250 have been issued state permits. The drilling and water discharges have attracted the attention of the U.S. Environmental Protection Agency. "It is an issue that's been on our radar for a while and currently a matter we're looking into," said Dave McGuigan, associate director of EPA's regional office of permits and enforcement. "The question is what is in [well waste water] and what are the treatment facilities doing with it." Some of the waste water is taken to DEP-approved municipal sewer authorities that dilute it with their regular effluent before discharging it into a river or stream. Some is trucked to one of the state's six industrial water treatment facilities, where metals, oils and some dissolved solids are removed but where waste salts are a disposal problem exacerbated by the volume of the waste water. "The salts are the biggest issue right now and the most expensive thing to remove from the highly concentrated brines," said Paul Hart, president of Pennsylvania Brine Treatment Inc., who owns three of the state's six industrial treatment facilities and wants to build six more. Mr. Hart criticized the DEP for slow action on permit applications for new treatment facilities, for regulating the well water as waste, which limits the ability of drillers and treatment facilities ?to recycle it, and for failing to determine the composition of the waste water. "The Marcellus has wide variations in the amount of iron, barium and salt, and we need to know the high and low marks so we can treat it and we're still determining that," he said. ?"Right now we don't know as much as we'd like to know." The drilling companies provide the DEP with lists of chemicals they add to the water but not the amounts of specific mixtures, claiming that is proprietary information. Four of the chemical compounds are complex pesticides that scientific assessments have determined are "very toxic to fish." One, 2.2-Dibromo-3-nitrilopropionamide, retards fetal development in rabbits. The pesticides are added to the drill water to stop the growth of algae in temporary holding ?ponds and tanks built next to the drilling pads. Algae and other "biofilms" can foul pumps used to push the water underground and into the shale. None of those chemicals should be discharged directly into surface water such as the Monongahela River, said Dr. Volz, who is studying the effects of pollutants in the rivers. "If there's enough biocide to kill algae, by the looks of this bromated compound there's enough to do damage to fish," Dr. Volz said. "Throwing it in the water is just crazy." He said formaldehyde, which is a human carcinogen, "is always a concern," but any risk is impossible to assess without knowing its concentration. In addition to the pesticides, the chemicals added to the well "fracing" water include acids to dissolve cement around the pipe casings and open perforations in the pipe for the water to flow through and into the shale formation; friction reducers to make pumping easier; and additives to keep clay from reducing the flow of the released gas. Different pumping companies use different frac-fluid recipes and formulas and different combinations and amounts of those chemicals. A report on the chemical additives requested by DEP's Bureau of Oil & Gas Management and prepared for the Independent Oil & Gas Association of Pennsylvania states that care and controls are used to prevent the frac chemicals and chemical water solutions from contaminating surface and ground water near the wells. The report also notes that water in the Marcellus Shales contains high concentrations of dissolved solids, making it unsuitable as a drinking, agricultural or industrial water supply. The DEP and public water suppliers have said the high TDS levels are not a health concern. But David Dzombeck, an environmental engineering professor at Carnegie Mellon University, said without knowing the chemical composition of the dissolved solids, that's hard to confirm. Don Hopey can be reached at 412-263-1983. First published on December 21, 2008 at 12:00 am Source:? http://www.post-gazette.com/pg/08356/936646-113.stm PICTURE Caption:? A drilling rig used to bore thousands of feet into the earth to extract natural gas from the Marcellus Shales deep underground is seen on the hill above the pond on John Dunn's farm in Houston, Pa., in October.

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video
by Jim Sconyers 19 Dec '08

19 Dec '08

Want a mild chuckle? Check out this video. http://www.youtube.com/watch?v=Z7Frv44hvQ0 Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Mingo CTL Coal plant emissions in question
by James Kotcon 19 Dec '08

19 Dec '08

The recently announced CTL Plant for Mingo County is being proposed by a company called TransGas Development Systems. Their web page has relatively little in the way of actual accomplishments in CTL, and does not yet list the Mingo County project. The story in the Charleston Gazette indicated the company had problems getting a gas-fired power plant built in New York. The story below indicates that their final request for a re-hearing was denied. A State Senator noted “TransGas never made a good-faith effort to do the right thing by this community.” Do we really want this company in West Virginia? JBK Story below is available at: http://www.nyssenate17.com/17/news/08-07-15/transgas_denied_rehearing_for_p… TransGas Denied Rehearing for Proposed Power Plant in Greenpoint Senator Dilan Announces Another Victory for the Neighborhood Albany, NY - State Senator Martin Malavé Dilan (D-Brooklyn) is pleased to announce another victory in keeping an environmentally dangerous power plant from being built on the Greenpoint waterfront. TransGas had put forward several proposals for building a power generating facility in a neighborhood only now recovering from more than a century of environmental abuse. Although the TransGas proposal was rejected by the New York State Department of Public Service earlier this year, TransGas petitioned for a rehearing by the Department’s State Board on Electrical Generation Siting and the Environment. The Board originally rejected TransGas’s proposal due to multiple problems in the environmental, aesthetic and land use impacts. In their ruling on the rehearing, “The Siting Board today denied the petition for rehearing since the company simply restated arguments previously rejected as invalid.” “The Siting Board has once again used good judgment in denying this request. The city is moving to transform 28 acres around Bushwick Inlet into a park and recreation area. How can you compare that to an environmentally hazardous Power Plant?” said Senator Dilan. “TransGas never made a good-faith effort to do the right thing by this community.” A copy of today’s decision in Case 01-F-1276, when issued, will be available on the New York State Public Service Commission's (www.dps.state.ny.us) Web site by accessing the Commission’s File Room section of the homepage. >>> <jkotcon(a)wvu.edu> 12/10/2008 6:12 AM >>> jkotcon(a)wvu.edu sent you this article ----- December 10, 2008 Coal plant emissions in question ( http://www.wvgazette.com/News/200812090695 ) By Ken Ward Jr. ( about:contact/xjneq+jitnmrggr+pbz+return=/News/200812090695?page=2&build=cache ) Staff writer A New York firm wants to build a $3 billion coal-to-liquids plant in Mingo County, but has not yet come up with a firm plan to control the facility's carbon dioxide emissions. Read more ( http://www.wvgazette.com/News/200812090695 ) ----- See DEP permit

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Fwd: Calif. regulators approve $1.9 billion power line
by James Kotcon 19 Dec '08

19 Dec '08

Regulators declined to require that the line be limited to renewable generators. JBK >>> "Vivian Stockman" <vivian(a)ohvec.org> 12/19/2008 10:36 AM >>> Calif. regulators approve $1.9 billion power line http://www.modbee.com/state_wire/story/537212.html

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Fw: [ Email Story ] DOE anticipates drop in coal use
by Jim Sconyers 19 Dec '08

19 Dec '08

Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "jim_scon(a)yahoo.com" <jim_scon(a)yahoo.com> To: jim_scon(a)yahoo.com Sent: Friday, December 19, 2008 7:37:43 AM Subject: [ Email Story ] DOE anticipates drop in coal use jim_scon(a)yahoo.com sent you this article ----- December 19, 2008 DOE anticipates drop in coal use By Ken Ward Jr. Staff writer Coal's share of the U.S. energy supply is expected to drop slightly over the next two decades as regulators, investors and utilities drop plans for new coal-fired power plants, the U.S. Department of Energy said this week.Read more -----

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Fwd: Re: IS THE CLUB WORKING ON THIS? DOE comment period on the 2009 Congestionstudycloses at year
by James Kotcon 18 Dec '08

18 Dec '08

To Chapter Energy Committee: We needed one more thing to do, but this could be very useful now. I hope to get a draft of comments on NIETC out within a few days, but if someone has time to get started, go fer it! See web link below. JBK >>> <Elena.Saxonhouse(a)sierraclub.org> 12/18/2008 4:36 PM >>> Jeff and Laura, So far, I can tell you that the Virginia and San Diego Chapters of the Club have already submitted comments. The Piedmont Environmental Council and other environmental groups have also done so. (You can find their comments on the web site linked below.) Also, the PA Chapter would not need our formal approval to submit comments, though it would be good to make sure they are consistent with anything submitted by folks at the national level. I'm checking with Carl Zichella (national staff on transmission issues) as to whether there are any plans for that. Will let you know what I hear. Jim, does the WV Chapter have plans to submit comments on this study? -Elena Elena K. Saxonhouse Sierra Club Environmental Law Program 85 2nd St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (fax) Aaron Isherwood/Sierraclub 12/18/2008 01:08 PM To Elena Saxonhouse/Sierraclub@Sierraclub cc Holly Bressett/Sierraclub@Sierraclub, jeff.schmidt(a)dejazzd.com Subject Re: IS THE CLUB WORKING ON THIS? DOE comment period on the 2009 Congestion studycloses at year end Thanks. Pls let Jeff (copied) know what you find out. Might be worth checking with WV folks, too. Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 CONFIDENTIAL LEGAL COMMUNICATION/WORK PRODUCT This e-mail may contain privileged and confidential attorney-client communications and/or attorney work product. If you receive this e-mail inadvertently, please reply to the sender and delete all versions on your system. Thank you. Elena Saxonhouse/Sierraclub 12/18/2008 10:30 AM To Holly Bressett/Sierraclub@Sierraclub cc Aaron Isherwood/Sierraclub@Sierraclub Subject Re: IS THE CLUB WORKING ON THIS? DOE comment period on the 2009 Congestion studycloses at year end So far I do not know of anyone working on this, but I can check around. Holly Bressett/Sierraclub 12/18/2008 10:19 AM To Aaron Isherwood/Sierraclub@Sierraclub cc Elena Saxonhouse/Sierraclub@Sierraclub Subject Re: IS THE CLUB WORKING ON THIS? DOE comment period on the 2009 Congestion studycloses at year end NITEC is one of Jim Dougherty's cases. He might know. Also, Elena is the go-to person for all things transmission. Holly Bressett Environmental Law Fellow Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5646 (phone) (415) 977-5793 (fax) Aaron Isherwood/Sierraclub 12/18/2008 09:10 AM To Jeff Schmidt <jeff.schmidt(a)sierraclub.org> cc 'Dennis Winters' <dennis.winters(a)verizon.net>, Glen Besa <glen.besa(a)sierraclub.org>, 'Holly Cadwallader' <hccadwallader(a)earthlink.net>, laura.piraino(a)sierraclub.org, 'Nicole Faraguna' <nfaraguna(a)epix.net>, Robin Mann <robin.mann(a)sierraclub.org>, 'Thomas Au' <thomxau(a)gmail.com>, Wil Burns / hm <wburns(a)atlanticbb.net>, Holly Bressett/Sierraclub@Sierraclub Subject Re: IS THE CLUB WORKING ON THIS? DOE comment period on the 2009 Congestion studycloses at year end Holly, do you know...? Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 CONFIDENTIAL LEGAL COMMUNICATION/WORK PRODUCT This e-mail may contain privileged and confidential attorney-client communications and/or attorney work product. If you receive this e-mail inadvertently, please reply to the sender and delete all versions on your system. Thank you. Jeff Schmidt <jeff.schmidt(a)sierraclub.org> 12/18/2008 06:57 AM Please respond to Jeff Schmidt <jeff.schmidt(a)sierraclub.org> To laura.piraino(a)sierraclub.org, 'Holly Cadwallader' <hccadwallader(a)earthlink.net>, 'Nicole Faraguna' <nfaraguna(a)epix.net>, 'Dennis Winters' <dennis.winters(a)verizon.net>, 'Thomas Au' <thomxau(a)gmail.com> cc Wil Burns / hm <wburns(a)atlanticbb.net>, Aaron Isherwood <aaron.isherwood(a)sierraclub.org>, Robin Mann <robin.mann(a)sierraclub.org>, Glen Besa <glen.besa(a)sierraclub.org> Subject IS THE CLUB WORKING ON THIS? DOE comment period on the 2009 Congestion studycloses at year end I am not aware that we have that kind of expertise in-house at the PA Chapter level. I have copied this to Robin Mann and attorney Aaron Isherwood, in case they know who we chould contact at the national level. Since this is a federal DOE study, we would need to get any comments we might want to submit from the PA Chapter approved by the national Club, regardless. It might be that someone at the national level is already preparing Club comments. Jeff ----- Original Message ----- From: Laura Piraino To: 'Holly Cadwallader' ; 'Nicole Faraguna' ; 'Dennis Winters' ; 'Jeff Schmidt' ; 'Thomas Au' Sent: Thursday, December 18, 2008 9:10 AM Subject: FW: [Pa-transmission] DOE comment period on the 2009 Congestion studycloses at year end FYI- Do we have electrical engineering/energy management expertise within the Club to add any specific comments? From: pa-transmission-bounces(a)lists.conserveland.org [mailto:pa-transmission-bounces@lists.conserveland.org] On Behalf Of Ginny Kreitler Sent: Wednesday, December 17, 2008 2:55 PM To: listserve Subject: [Pa-transmission] DOE comment period on the 2009 Congestion study closes at year end Those interested in transmission issues at the national level are reminded that public comments on the 2009 Congestion Study are due to the US Department of Energy by December 31. The Congestion Study, which must be redone every 3 years, provides the conceptual justification for all National Interest Electric Transmission Corridors across the nation. The first study, done in 2006, was the subject of significant controversy. Comments already received and directions on how to submit comments can be viewed here: http://congestion09.anl.gov/ The full federal register notice can be found here: http://congestion09.anl.gov/documents/docs/FR_Notice_4_June_08.pdf Comments are due by December 31st.

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Fwd: Carbon Sequestration - UIC permitNotice - County - Mason - AEP
by William V. DePaulo, Esq. 17 Dec '08

17 Dec '08

ATTACHED IS TITLE 47, SERIES 13 OF THE STATE REGS RELATING TO UNDERGROUND INJECTION CONTROL. ---------- Forwarded message ---------- From: William V. DePaulo, Esq. <william.depaulo(a)gmail.com> Date: Wed, Dec 17, 2008 at 9:10 AM Subject: Re: Carbon Sequestration - UIC permitNotice - County - Mason - AEP To: James Kotcon <jkotcon(a)wvu.edu> How do we know anything works? Monitoring? How would we know it doesn't? Same thing, no? I think this is a very sensitive question, politically, and how we respond publicly will be very important. If there is no way to determine if it works, that leads to one set of questions. If there *is* a way that leads to another set. It is certainly a fair position to state that no such thing as "clean coal" exists, and totally defensible to assert that development of carbon sequestration and storage technology is so remote a possibility that we should not invest a significant portion of finite resources into an improbable solution. But confronted with a concrete proposal to "try it" the question changes....coal advocates will take the position that opponents of the proposal are simply trying to avoid their own inconvenient truths. Secondly, if you engage all cynicism sensors, you'd conclude that -- having denied there was even a carbon problem -- once the sucker is built, the coal industry will claim to have "solved" the formerly non-existent problem. I think we should be involved in this, big time, but I also think we should be prepared to let AEP spend any amount of its own money it wants trying to demo a solution...so long as the experiment is conducted in a way that its results are scientifically verifiable. In other words, insist on transparency, controls, immediate access to raw data unfiltered by AEP or its scientists. This is where, in my view, this battle should be fought. It is the high ground scientifically and politically. Any other attitude on our part invites criticism, valid criticism, that we won't eve consider the theoretical possibility that we're wrong. The flip side of the coin is that if it fails, or succeeds only marginally, "clean coal" evaporates as an idea. Chu, Obama's nominee for DOE secretary raises questions about leakage and "bubbles" that are quoted in today's Gazette. See attached. And there will be more. But I do not think we should oppose this proposal on a knee jerk basis. Properly conducted, the test may sustain our position. Inartfully opposed, it will prove theirs. On Wed, Dec 17, 2008 at 8:31 AM, James Kotcon <jkotcon(a)wvu.edu> wrote: > If it doesn't, how would anyone know? > > JBK > > >>> <william.depaulo(a)gmail.com> 12/16/2008 5:50 PM >>> > What if it works????????? > Sent via BlackBerry by AT&T > > -----Original Message----- > From: "James Kotcon" <jkotcon(a)wvu.edu> > > Date: Tue, 16 Dec 2008 17:20:03 > To: <EC(a)osenergy.org> > Subject: [EC] Fwd: [wvec-board] Fw: Carbon Sequestration - UIC permit > Notice - County - Mason - AEP > > > Yess!!!! We needed one more thing to do. > > Word is that this one may be mostly science fiction. Anyone know anything > about these things? > > JBK > > >>> "cindyrank" <clrank(a)hughes.net> 12/16/2008 4:23 PM >>> > The underground injection (UIC) permit application for carbon sequestration > by AEP in Mason County > > To operate and maintain underground injection (UIC) permit to inject carbon > dioxide through injection wells into the subsurface located in Mason > County. > > cindy > > > > > -------------------------------------------------------------------------------- > > > ----- Original Message ----- > From: <dep.online(a)wv.gov> > To: <clrank(a)hughes.net> > Sent: Tuesday, December 16, 2008 4:10 PM > Subject: DEP Public Notice - County - Mason - Applicant - American Electric > Power - Application No. 1189-08-053 > > > > The following was sent to you because you are a > > Member of the DEP Public Notice mailing list. > > =========================================================== > > Tuesday, December 16, 2008 @ 4:10 PM > > =========================================================== > > > > STATE OF WEST VIRGINIA > > DEPARTMENT OF ENVIRONMENTAL PROTECTION > > DIVISION OF WATER AND WASTE MANAGEMENT > > > > PUBLIC NOTICE > > > > WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S, PUBLIC > INFORMATION > > OFFICE, 601 57TH STREET SE, CHARLESTON, WEST VIRGINIA 25304-2345 > TELEPHONE: > > (304) 926-0440, TDD:(304) 926-0493, and VOICE-TO-TDD RELAY: > 1-800-422-5700. > > > > APPLICATION FOR A CLASS 5 UNDERGROUND INJECTION CONTROL PERMIT > > > > Public Notice No.: P-01-09 Public Notice Date: December 18, > > 2008 > > > > Paper: Point Pleasant Register > > > > The following has applied for a Class 5 Underground Injection Control > Permit > > for this facility or activity: > > > > Application No.: 1189-08-053 > > > > Applicant: AMERICAN ELECTRIC POWER > > 1 RIVERSIDE PLAZA > > COLUMBUS, OH 43215 > > > > > > Facility: > > Mountaineer Plant , WV > > > > Business conducted: > > Power Plant > > > > Activity: > > To operate and maintain underground injection (UIC) permit to inject > carbon > > dioxide through injection wells into the subsurface located in Mason > County. > > > > The State of West Virginia will act on the above application in > accordance with > > the West Virginia Legislative Rules, Title 47, Series 13, Section 13.24 > issued > > pursuant to Chapter 22, Article 11 and Article 12. > > > > Any interested person may submit written comments on the draft permit and > may > > request a public hearing in writing within thirty (30) days of the date > of this > > public notice. Comments or requests should be addressed to: > > > > Director, Division of Water and Waste Management, DEP > > 601 57th Street SE > > Charleston, WV 25304-2345 > > ATTN: Jeff Knepper, UIC Programs > > > > The public comment period begins December 18, 2008 and ends January 17, > 2009 > > > > Comments received within this period will be considered prior to issuance > of > > the permit. Correspondence should include the name, address, and > telephone > > number of the writer and a concise statement of the nature of the issues > > raised. A public hearing may be held if the Director determines there is > > significant public interest in one or more issues relevant to the draft > permit. > > > > The application, draft permit or factsheet may be inspected by > appointment at > > the Division of Water and Waste Management, between 8:30 a.m. to 4:30 > p.m. on > > business days. Copies of the document may be obtained for a nominal fee. > For > > further information contact the person identified above at (304) > 926-0495, or > > Fax (304) 926-0496. > > > > > > =========================================================== > > To view past notices of open public comment periods or to unsubscribe > from this Mailing List, login at: > > http://www.wvdep.org//MLists2/ > > > > > > > > > _______________________________________________ > EC mailing list > EC(a)osenergy.org > http://osenergy.org/mailman/listinfo/ec > -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Re: [EC] Fwd: Carbon Sequestration - UIC permitNotice - County - Mason- AEP
by Allan Tweddle 17 Dec '08

17 Dec '08

I agree whole heartedly with Jim. If "we" take a high level scientific approach demanding transparency, full disclosure, and monitoring. I would add two very important things. First, with regard to long term liability for blowouts and leakage, at the PEA meeting at WVSU last year, Utility Industry lobbyist and attorney Dave Flannery was quite clear that the legal liability issues were still unresolved. He presented a plan that he, acting as the Association's attorney, was presenting to mitigate liability and transfer the legal liability from the utility doing the sequestering to the State, if after the operation had ceased and was idle for 10 years without leakage, the utility was no longer liable. It seems to me that this lets them off the hook too easily and too early. Geological time clocks, as demonstrated with the frequency of earthquakes, are much much longer time frames. 10 years does not seem to be long enough to me. Secondly, the only blowout of CO2 recorded happened in South Africa. And while it is dismissed by CCS addicts, as a natural phenomena, it was a CO2 blowout due I believe to a shift in the earths crust, or something like a seismic event at great depths that released enough CO2 to kill 1700 people living quietly in a valley where the gas surfaced. And being odorless and colourless, it filled the valley and put all those folks to sleep permanently. Detection systems and community alarms for leaks in all the potential areas of leakage then must be included in ANY sequestration project. And based upon Flannery's descriptions that we really cannot be sure where the gas is going to migrate, or what seismic events it might trigger, those monitors must cover a wide area over and beyond the sequestration field with a safety factor of at least 2, maybe 5. And in case anyone thinks I am overly concerned about seismic events just because I worked professionally as a consulting engineer in California, I acknowledge that the mountains of California are much younger, and like humans, much more active. But these mountains we live in are like us older folks, we move less often, but we do move now and then. We do live in a less active seismic area, but IT IS A SEISMICALLY ACTIVE AREA. Hope this helps the planning and strategy for a serious role in monitoring these uncharted waters. I will be happy to carry the discussion to the PEA whenever we all feel that is appropriate. Allan ----- Original Message ----- From: William V. DePaulo, Esq.<mailto:william.depaulo@gmail.com> To: WV Chapter Energy Committee<mailto:EC@osenergy.org> Sent: Wednesday, December 17, 2008 10:45 AM Subject: [EC] Fwd: Carbon Sequestration - UIC permitNotice - County - Mason- AEP ATTACHED IS TITLE 47, SERIES 13 OF THE STATE REGS RELATING TO UNDERGROUND INJECTION CONTROL. ---------- Forwarded message ---------- From: William V. DePaulo, Esq. <william.depaulo(a)gmail.com<mailto:william.depaulo@gmail.com>> Date: Wed, Dec 17, 2008 at 9:10 AM Subject: Re: Carbon Sequestration - UIC permitNotice - County - Mason - AEP To: James Kotcon <jkotcon(a)wvu.edu<mailto:jkotcon@wvu.edu>> How do we know anything works? Monitoring? How would we know it doesn't? Same thing, no? I think this is a very sensitive question, politically, and how we respond publicly will be very important. If there is no way to determine if it works, that leads to one set of questions. If there is a way that leads to another set. It is certainly a fair position to state that no such thing as "clean coal" exists, and totally defensible to assert that development of carbon sequestration and storage technology is so remote a possibility that we should not invest a significant portion of finite resources into an improbable solution. But confronted with a concrete proposal to "try it" the question changes....coal advocates will take the position that opponents of the proposal are simply trying to avoid their own inconvenient truths. Secondly, if you engage all cynicism sensors, you'd conclude that -- having denied there was even a carbon problem -- once the sucker is built, the coal industry will claim to have "solved" the formerly non-existent problem. I think we should be involved in this, big time, but I also think we should be prepared to let AEP spend any amount of its own money it wants trying to demo a solution...so long as the experiment is conducted in a way that its results are scientifically verifiable. In other words, insist on transparency, controls, immediate access to raw data unfiltered by AEP or its scientists. This is where, in my view, this battle should be fought. It is the high ground scientifically and politically. Any other attitude on our part invites criticism, valid criticism, that we won't eve consider the theoretical possibility that we're wrong. The flip side of the coin is that if it fails, or succeeds only marginally, "clean coal" evaporates as an idea. Chu, Obama's nominee for DOE secretary raises questions about leakage and "bubbles" that are quoted in today's Gazette. See attached. And there will be more. But I do not think we should oppose this proposal on a knee jerk basis. Properly conducted, the test may sustain our position. Inartfully opposed, it will prove theirs. On Wed, Dec 17, 2008 at 8:31 AM, James Kotcon <jkotcon(a)wvu.edu<mailto:jkotcon@wvu.edu>> wrote: If it doesn't, how would anyone know? JBK >>> <william.depaulo(a)gmail.com<mailto:william.depaulo@gmail.com>> 12/16/2008 5:50 PM >>> What if it works????????? Sent via BlackBerry by AT&T -----Original Message----- From: "James Kotcon" <jkotcon(a)wvu.edu<mailto:jkotcon@wvu.edu>> Date: Tue, 16 Dec 2008 17:20:03 To: <EC(a)osenergy.org<mailto:EC@osenergy.org>> Subject: [EC] Fwd: [wvec-board] Fw: Carbon Sequestration - UIC permit Notice - County - Mason - AEP Yess!!!! We needed one more thing to do. Word is that this one may be mostly science fiction. Anyone know anything about these things? JBK >>> "cindyrank" <clrank(a)hughes.net<mailto:clrank@hughes.net>> 12/16/2008 4:23 PM >>> The underground injection (UIC) permit application for carbon sequestration by AEP in Mason County To operate and maintain underground injection (UIC) permit to inject carbon dioxide through injection wells into the subsurface located in Mason County. cindy -------------------------------------------------------------------------------- ----- Original Message ----- From: <dep.online(a)wv.gov<mailto:dep.online@wv.gov>> To: <clrank(a)hughes.net<mailto:clrank@hughes.net>> Sent: Tuesday, December 16, 2008 4:10 PM Subject: DEP Public Notice - County - Mason - Applicant - American Electric Power - Application No. 1189-08-053 > The following was sent to you because you are a > Member of the DEP Public Notice mailing list. > =========================================================== > Tuesday, December 16, 2008 @ 4:10 PM > =========================================================== > > STATE OF WEST VIRGINIA > DEPARTMENT OF ENVIRONMENTAL PROTECTION > DIVISION OF WATER AND WASTE MANAGEMENT > > PUBLIC NOTICE > > WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S, PUBLIC INFORMATION > OFFICE, 601 57TH STREET SE, CHARLESTON, WEST VIRGINIA 25304-2345 TELEPHONE: > (304) 926-0440, TDD:(304) 926-0493, and VOICE-TO-TDD RELAY: 1-800-422-5700. > > APPLICATION FOR A CLASS 5 UNDERGROUND INJECTION CONTROL PERMIT > > Public Notice No.: P-01-09 Public Notice Date: December 18, > 2008 > > Paper: Point Pleasant Register > > The following has applied for a Class 5 Underground Injection Control Permit > for this facility or activity: > > Application No.: 1189-08-053 > > Applicant: AMERICAN ELECTRIC POWER > 1 RIVERSIDE PLAZA > COLUMBUS, OH 43215 > > > Facility: > Mountaineer Plant , WV > > Business conducted: > Power Plant > > Activity: > To operate and maintain underground injection (UIC) permit to inject carbon > dioxide through injection wells into the subsurface located in Mason County. > > The State of West Virginia will act on the above application in accordance with > the West Virginia Legislative Rules, Title 47, Series 13, Section 13.24 issued > pursuant to Chapter 22, Article 11 and Article 12. > > Any interested person may submit written comments on the draft permit and may > request a public hearing in writing within thirty (30) days of the date of this > public notice. Comments or requests should be addressed to: > > Director, Division of Water and Waste Management, DEP > 601 57th Street SE > Charleston, WV 25304-2345 > ATTN: Jeff Knepper, UIC Programs > > The public comment period begins December 18, 2008 and ends January 17, 2009 > > Comments received within this period will be considered prior to issuance of > the permit. Correspondence should include the name, address, and telephone > number of the writer and a concise statement of the nature of the issues > raised. A public hearing may be held if the Director determines there is > significant public interest in one or more issues relevant to the draft permit. > > The application, draft permit or factsheet may be inspected by appointment at > the Division of Water and Waste Management, between 8:30 a.m. to 4:30 p.m. on > business days. Copies of the document may be obtained for a nominal fee. For > further information contact the person identified above at (304) 926-0495, or > Fax (304) 926-0496. > > > =========================================================== > To view past notices of open public comment periods or to unsubscribe from this Mailing List, login at: > http://www.wvdep.org//MLists2/<http://www.wvdep.org//MLists2/> > > > _______________________________________________ EC mailing list EC(a)osenergy.org<mailto:EC@osenergy.org> http://osenergy.org/mailman/listinfo/ec<http://osenergy.org/mailman/listinfo/ec> -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com<mailto:william.depaulo@gmail.com> www.passeggiata.com<http://www.passeggiata.com/> -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com<mailto:william.depaulo@gmail.com> www.passeggiata.com<http://www.passeggiata.com/> _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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FOIA Request for Public Records Relating to Draft UIC Permit Issued to American Electric Power
by William V. DePaulo, Esq. 17 Dec '08

17 Dec '08

December 17, 2008 Ms. Patricia J. White DEP FOIA Officer 601 57th Street S.E. Charleston WV 25304 Tel: 304-926-0440 via email: Patricia.J.White(a)wv.gov Re: *FOIA Request for DEP Records * Dear Ms. White: Pursuant to the Freedom of Information Act (FOIA), W.V. Code § 29B-1-1, et seq., and regulations of the Department of Environmental Protection (DEP) at Title 60, Series 2, CSR, the Keeper of the Mountains Foundation and the Sierra Club, Inc. request all public records relating to the following matter before the DEP: The Class 5 Underground Injection Control Permit Application No. 1189-08-053 filed by American Electric Power (AEP), 1 Riverside Plaza, Columbus, OH 43215, in which AEP requests a permit to operate and maintain underground injection (UIC) permit to inject carbon dioxide through injection wells at AEP's Mountaineer Power Plant in Mason County, WV. Without limiting the generality of the foregoing, we request: (1) the complete February 2008 permit application filed by AEP, including all addenda, attachments and/or enclosures, (2) the complete October 2008 (or other) decision of DEP to issue the requested permit, (3) the draft permit for which public comments have been solicited, (4) any documents constituting written communications, or recording verbal communications, between DEP and AEP relating to the requested permit, (5) any documents constituting written communications, or recording verbal communications, between DEP and any other government entity (international, federal, state, county or municipal) relating to the requested permit, (6) any documents constituting written communications, or recording verbal communications, between DEP and non-governmental organization (other than AEP) relating to the requested permit, For purposes of this request the term "public record," whether singular or plural, means any writing, recording, photograph, whether original or duplicate, and includes, in addition to the foregoing, any words, numbers, or other data or information, whether produced originally on or copied by, from, or to computer, printer, typewriter, long-hand, photocopier, facsimile, teletype, magnetic storage media of any type, optical storage media or any type, or other process. The term "public record" further includes, but is not limited to, published materials, studies, analyses, letters, emails, reports, memoranda, notices, notes, correspondence, invoices, checks, orders, statements of account, messages, teletype or facsimile transmissions or printouts thereof, telephone communications, minutes of meetings, memoranda of contact, and any and all marginal notations on any of the foregoing. The term "public record" includes all such documents now in the possession, custody or control of the DEP, or in the possession, custody or control of the present of former members, officers, agents, representatives, employees, contractors, and agents of DEP and any and all persons acting on your behalf, including documents at any time in the possession, custody or control of such individuals or entities, or known by you to exist. If any document was, but is no longer, in DEP's possession or subject to your control, or in existence, state whether it is (a) missing or lost, (b) has been destroyed, (c) has been transferred voluntarily or involuntarily to others, or (d) otherwise disposed of, and in each instance, explain the circumstances surrounding and authorization for such disposition of it and state the date or approximate date of it. For purposes of this request the term "relating to" means containing, alluding to, responding to, commenting upon, discussing, showing, disclosing, explaining, mentioning, analyzing, constituting, comprising, evidencing, setting forth, summarizing or characterizing, either directly or indirectly, in whole or in part. I request that you provide me with the requested records within the five day deadline specified by W.V. Code § 29B-1-3 (4), but I am prepared to grant a reasonable extension of that deadline if necessary to accommodate your good faith efforts to comply with this FOIA request. I am prepared to pay the reasonable cost for the reproduction of the foregoing records as calculated under W.V. Code § 29B-1-3 (5). W. V. Code § 29B-1-3 (5) provides that: The public body may establish fees reasonably calculated to reimburse it for its actual cost in making reproductions of such records." In order to minimize such cost, please advise me of the availability of the foregoing records on electronic media, as contemplated by W.V. Code § 29B-1-3 (3), and the cost for obtaining the records in that format, either as an alternative to hard copy or in addition to the hard copy. W. V. Code § 29B-1-3 (3) provides that "If the records requested exist in magnetic, electronic or computer form, the custodian of the records shall make such copies available on magnetic or electronic media, if so requested." The FOIA permits agencies to waive fees if the disclosure of the records is in the public interest. I request that you exercise your discretion to waive such costs incident to this request as both requestors are tax exempt, non-profit organizations committed to preservation of the environment. If you claim that any of the foregoing records are exempt from mandatory disclosure, I respectfully request that you: (1) provide me with an index of all requested documents which reflects the date, author, addressee, number of pages, and subject matter of the requested document; (2) state the exemption you deem to be applicable to each requested record; (3) state with particularity the reason why such exemption is applicable to each requested record; (4) examine each requested record to determine if reasonably segregable non-exempt information exists which may be released to me after redacting information deemed to be exempt, and (5) exercise your discretion to release such records notwithstanding the availability of a basis for withholding. In any case, please call me to discuss any problems anticipated or encountered in making a timely response at 304-342-5588. I appreciate your attention to this matter. Very truly yours, William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Fwd: DEP Public Notice - County - Marshall - Applicant - Ohio Power Co. C/O A...
by James Kotcon 17 Dec '08

17 Dec '08

P.S. Perhaps this would be better as a letter to the editor to point out how ludicrous AEP and DEP are. These are the folks who want us to believe that they are protecting the environment by building PATH. In fact, why not both (a letter and an editorial)? This could become a really interesting issue with relatively little effort. JBK >>> <Duane330(a)aol.com> 12/16/2008 11:02 PM >>> Activity: Injection of sulfuric acid upstream of Outlet 004 in order to ensure compliance with permit effluent limitations. Tier 1 protection is afforded for the uses specified in 47 CSR 2, Section 6. NOW I KNOW HOW TO AVOID POLLUTING A STREAM, INJECT SULFURIC ACID INTO THE EFFLUENT. **************Make your life easier with all your friends, email, and favorite sites in one place. Try it now. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000…)

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Fwd: DEP Public Notice - County - Marshall - Applicant - Ohio Power Co. C/O A...
by James Kotcon 17 Dec '08

17 Dec '08

Thank you, Duane, for finding this, and putting it in the proper perspective. Does someone want to take a hand at writing a comment letter on behalf of the Chapter Energy Committee? I would be happy to help, and this would be a good one to learn the procedures. JBK >>> <Duane330(a)aol.com> 12/16/2008 11:02 PM >>> Activity: Injection of sulfuric acid upstream of Outlet 004 in order to ensure compliance with permit effluent limitations. Tier 1 protection is afforded for the uses specified in 47 CSR 2, Section 6. NOW I KNOW HOW TO AVOID POLLUTING A STREAM, INJECT SULFURIC ACID INTO THE EFFLUENT. **************Make your life easier with all your friends, email, and favorite sites in one place. Try it now. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000…)

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Re: [EC] Fwd: [wvec-board] Fw: Carbon Sequestration - UIC permitNotice - County - Mason - AEP
by Michael Price 16 Dec '08

16 Dec '08

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Fwd: [wvec-board] Fw: Carbon Sequestration - UIC permit Notice - County - Mason - AEP
by James Kotcon 16 Dec '08

16 Dec '08

Yess!!!! We needed one more thing to do. Word is that this one may be mostly science fiction. Anyone know anything about these things? JBK >>> "cindyrank" <clrank(a)hughes.net> 12/16/2008 4:23 PM >>> The underground injection (UIC) permit application for carbon sequestration by AEP in Mason County To operate and maintain underground injection (UIC) permit to inject carbon dioxide through injection wells into the subsurface located in Mason County. cindy -------------------------------------------------------------------------------- ----- Original Message ----- From: <dep.online(a)wv.gov> To: <clrank(a)hughes.net> Sent: Tuesday, December 16, 2008 4:10 PM Subject: DEP Public Notice - County - Mason - Applicant - American Electric Power - Application No. 1189-08-053 > The following was sent to you because you are a > Member of the DEP Public Notice mailing list. > =========================================================== > Tuesday, December 16, 2008 @ 4:10 PM > =========================================================== > > STATE OF WEST VIRGINIA > DEPARTMENT OF ENVIRONMENTAL PROTECTION > DIVISION OF WATER AND WASTE MANAGEMENT > > PUBLIC NOTICE > > WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S, PUBLIC INFORMATION > OFFICE, 601 57TH STREET SE, CHARLESTON, WEST VIRGINIA 25304-2345 TELEPHONE: > (304) 926-0440, TDD:(304) 926-0493, and VOICE-TO-TDD RELAY: 1-800-422-5700. > > APPLICATION FOR A CLASS 5 UNDERGROUND INJECTION CONTROL PERMIT > > Public Notice No.: P-01-09 Public Notice Date: December 18, > 2008 > > Paper: Point Pleasant Register > > The following has applied for a Class 5 Underground Injection Control Permit > for this facility or activity: > > Application No.: 1189-08-053 > > Applicant: AMERICAN ELECTRIC POWER > 1 RIVERSIDE PLAZA > COLUMBUS, OH 43215 > > > Facility: > Mountaineer Plant , WV > > Business conducted: > Power Plant > > Activity: > To operate and maintain underground injection (UIC) permit to inject carbon > dioxide through injection wells into the subsurface located in Mason County. > > The State of West Virginia will act on the above application in accordance with > the West Virginia Legislative Rules, Title 47, Series 13, Section 13.24 issued > pursuant to Chapter 22, Article 11 and Article 12. > > Any interested person may submit written comments on the draft permit and may > request a public hearing in writing within thirty (30) days of the date of this > public notice. Comments or requests should be addressed to: > > Director, Division of Water and Waste Management, DEP > 601 57th Street SE > Charleston, WV 25304-2345 > ATTN: Jeff Knepper, UIC Programs > > The public comment period begins December 18, 2008 and ends January 17, 2009 > > Comments received within this period will be considered prior to issuance of > the permit. Correspondence should include the name, address, and telephone > number of the writer and a concise statement of the nature of the issues > raised. A public hearing may be held if the Director determines there is > significant public interest in one or more issues relevant to the draft permit. > > The application, draft permit or factsheet may be inspected by appointment at > the Division of Water and Waste Management, between 8:30 a.m. to 4:30 p.m. on > business days. Copies of the document may be obtained for a nominal fee. For > further information contact the person identified above at (304) 926-0495, or > Fax (304) 926-0496. > > > =========================================================== > To view past notices of open public comment periods or to unsubscribe from this Mailing List, login at: > http://www.wvdep.org//MLists2/ > > >

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Scientific American article The Dirty Side of Clean Coal
by Paul Wilson 16 Dec '08

16 Dec '08

Link to Dec. 9th Scientific American article on clean coal. Spread it around. cheers, paul http://www.sciam.com/article.cfm?id=the-dirty-side-of-clean-coal -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-6975 "There is no forward until you have gone back" ~Buddha

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Fwd: What's Wrong With the Grid Article
by Paul Wilson 12 Dec '08

12 Dec '08

fyi, somewhat dated (2003) but good article on grid and grid management. best,paul ---------- Forwarded message ---------- From: Paul Wilson <pjgrunt(a)gmail.com> Date: Thu, Dec 11, 2008 at 9:14 AM Subject: Re: What's Wrong With the Grid Article To: Keryn Newman <keryn(a)frontiernet.net> Thanks, Keryn: I got it just fine. There is a link to a PDF version of the article at the top of the page. I will send the link to others in WV Sierra Club.. See you tonight. paul On Wed, Dec 10, 2008 at 10:20 PM, Keryn Newman <keryn(a)frontiernet.net>wrote: > Here's the link to the article > > http://www.tipmagazine.com/tip/INPHFA/vol-9/iss-5/p8.html > -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-6975 "There is no forward until you have gone back" ~Buddha -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-6975 "There is no forward until you have gone back" ~Buddha

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Fwd: sorting-the-controversy-over-obama-s-epa-pick
by James Kotcon 12 Dec '08

12 Dec '08

>From the Club's State Government Programs list serve. JBK >>> jeff tittel <jeff.tittel(a)SierraClub.org> 12/12/2008 12:25 PM >>> --------------------------- cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- Barack Obama has reportedly <http://gristmill.grist.org/story/2008/12/10/163358/09> tapped Lisa Jackson to be his new EPA head. Jackson was previously working in New Jersey as commissioner of the Department of Environmental Protection. There, she earned raves from Governor Jon Corzine, who recently <http://wonkroom.thinkprogress.org/2008/12/09/corzine-lisa-jackson-remarkabl e/> told ThinkProgress, "I think Lisa has done a remarkable job of trying to move the environmental agenda forward within a constrained world." (Most notably, New Jersey has been trying to enact a plan to reduce greenhouse-gas emissions 80 percent by 2050.) But not everyone shares that assessment. In a widely circulated and remarkably scathing press release <http://www.peer.org/news/news_id.php?row_id=1136> , The Public Employees for Environmental Responsibility (PEER), a non-profit group that works with whistleblowers inside various government agencies, absolutely blasted the Jackson pick. In a letter to Obama, PEER executive director Jeff Ruch claimed that Jackson took a "highly politicized approach to decision-making" in New Jersey that resembled Bush's tenure at the EPA, was cozy with lobbyists, and actually had a woeful record on climate change. Read the full press release <http://www.peer.org/news/news_id.php?row_id=1136> here; it's pretty brutal. So is PEER correct? Is Lisa Jackson a poor environmental pick? I'm not convinced. On balance, her record really does look quite green. Earlier this afternoon, I called Jeff Tittel, who directs the Sierra Club's New Jersey chapter and has worked closely with Jackson on a number of environmental initiatives over the years. He quickly dubbed PEER's press release "total crap" and criticized PEER for having little on-the-ground presence in New Jersey. In Tittel's view, any blame for New Jersey's mixed environmental record should rest squarely on the shoulders of, ironically, Corzine himself, whom Tittel called "the worst environmental governor we've ever had." Lisa Jackson, he argues, was the biggest (maybe the only) bright spot in New Jersey. Among other things, PEER's press release had excoriated Jackson for appointing a lobbyist from the New Jersey Builders Association to be her assistant commissioner, overseeing water quality and land-use permits. Tittel rejects this criticism, noting that Corzine basically gave Jackson two choices to fill the spot: either the New Jersey Builders Association person-who, Tittel notes, actually wrote policy papers for NJBA, not lobbying, and had previously worked in the state's environmental agency-or... a lobbyist from the Chemical Council. Jackson made the greener pick. Indeed, Tittel argues that Jackson has frequently battled hard against both Corzine and New Jersey's business community on a number of contentious issues, from protecting 300,000 acres of environmentally sensitive lands from sewer permitting to forcing the governor to revise the notorious "Permits Extension Act," which would've extended building permits into environmentally sensitive areas. (That bill was such a galling giveaway that even Bush's EPA protested.) Although Tittel agrees that the final bill was still horrendous, he credits Jackson for standing up to her boss and taking out "75 percent of what was bad in that law." Likewise, on climate change, where New Jersey has been relatively sluggish in meeting its targets, Tittel puts most of the blame on Corzine, and credits Jackson with getting a renewable-electricity standard in place. When I mentioned this pushback to PEER's Jeff Ruch, he wasn't impressed. "That's shaky," he says, arguing that you can't separate Jackson from Corzine so cleanly. "She was going to go work as his chief of staff [before getting tapped by Obama]." What's more, Ruch adds, "One of Jackson's big outgoing actions was to convene an industry-dominated task force that recommended rewriting the rules for building permits." But Tittel fires back at this, too: "Look, I was on that task force," he sighs. "They haven't even read the report." Tittel says that this much-maligned task force was Jackson's way of, again, curtailing Corzine's pro-builder tendencies and bringing the Department of Environmental Protection back into the permitting process-giving the agency more authority to conduct environmental impact assessments, for starters. New Jersey is a state that's long been dominated by developers and real-estate interests, both of which have a tight grip on the Corzine administration. Last year, Corzine slashed the state's environmental budget, declaring that Jackson's agency would have to "do less with less." Jackson, for her part, appears to have fought back fiercely. Now, you could argue that that's setting expectations too low. ("This is like saying someone who did a good economic job in Bangladesh should go be head of the World Bank," says Ruch. "She's coming from an agency where there's a lot of unhappiness, and going to a bigger camp [i.e., the EPA] with even more unhappy campers.") But Jackson's green instincts do seem strong. Among other things, Tittel points out that Jackson hails from New Orlean's Ninth Ward, and her mother was badly injured in Katrina. "If you want someone who understands the effects of climate change firsthand," he says, "that's her." --Bradford Plumer

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Rockefeller's comments at WV "Energy Summit"
by Jim Sconyers 10 Dec '08

10 Dec '08

Excerpt below from Rockefeller's remarks to the WV "Energy Summit" (actually coal summit) yesterday. This is very scary news - fox overseeing henhouse - since Jay has become one of the most active and vocal coal proponents (didn't want to use the w word here...). "And I think there may be an announcement – maybe even as soon as this week -- that I will be elected by my colleagues to chair the Senate Commerce, Science and Transportation Committee. That committee deals explicitly with climate change and with the technology and research needed to achieve energy security." Complete text at http://rockefeller.senate.gov/press/record.cfm?id=305559& Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Unclean Coal - The Reality Coalition
by Jonathan Rosenbaum 09 Dec '08

09 Dec '08

I just saw an actual advertisement on the t.v. from the reality coalition debunking the clean coal myth, this is also shown on their website at http://action.thisisreality.org/ . Good to see some big bucks are going into a serious media campaign. Here is the Sierra Clubs Dec. 4 press release: http://action.sierraclub.org/site/MessageViewer?em_id=81141.0 I am interested in what people think about this particular ad, do you think it conveys its message effectively? -Jonathan

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Re: [EC] Unclean Coal - The Reality Coalition
by Michael Price 09 Dec '08

09 Dec '08

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Fw: clean coal
by Jim Sconyers 08 Dec '08

08 Dec '08

Have you seen this cool ad? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Jacob Sconyers <chaosjake(a)yahoo.com> To: dad <jim_scon(a)yahoo.com> Sent: Sunday, December 7, 2008 11:47:19 AM Subject: clean coal I've been seeing this commercial on TV a lot this week, thought you might get a kick out of it: http://www.thisisreality.org/#/?p=facility If the link doesn't work try youtube: http://www.youtube.com/watch?v=PdHuB7Ovl2o

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Fw: [ Email Story ] Bank of America to stop financing mountaintop removal
by Jim Sconyers 08 Dec '08

08 Dec '08

Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "jim_scon(a)yahoo.com" <jim_scon(a)yahoo.com> To: jim_scon(a)yahoo.com Sent: Friday, December 5, 2008 6:44:18 PM Subject: [ Email Story ] Bank of America to stop financing mountaintop removal jim_scon(a)yahoo.com sent you this article ----- December 5, 2008 Bank of America to stop financing mountaintop removal By Ken Ward Jr. Staff writer One of the world's largest financial institutions said this week it will phase out lending money to coal operators that use mountaintop removal mining. Read more -----

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Re: [EC] Fw: Google Alert - stream buffer zone
by Jim Sconyers 04 Dec '08

04 Dec '08

Bummer!! I had a Google alert keeping me informed - supposedly. This is truly terrible news. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ________________________________ From: "aaron.isherwood(a)sierraclub.org" <aaron.isherwood(a)sierraclub.org> To: Jim Sconyers <jim_scon(a)yahoo.com> Sent: Tuesday, December 2, 2008 8:02:12 PM Subject: Re: Fw: Google Alert - stream buffer zone Approved today, as you've probably seen. Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 CONFIDENTIAL LEGAL COMMUNICATION/WORK PRODUCT This e-mail may contain privileged and confidential attorney-client communications and/or attorney work product. If you receive this e-mail inadvertently, please reply to the sender and delete all versions on your system. Thank you. Jim Sconyers <jim_scon(a)yahoo.com> 12/01/2008 11:55 AM To ec(a)osenergy.org, Vivian Stockman <vivian(a)ohvec.org>, Joe Lovett <jlovett(a)appalachian-center.org>, aaron isherwood <aaron.isherwood(a)sierraclub.org>, Allan Tweddle <allantweddle(a)msn.com>, Barb Howe <barbara.howe(a)mail.wvu.edu>, Autumn <blisssister(a)hotmail.com>, Beth Little <blittle(a)citynet.net>, Barbara Fallon <brbr_fallon(a)yahoo.com>, Dave Saville <daves(a)labyrinth.net>, Duane Nichols <duane330(a)aol.com>, Ed Milam <Ed.Milam(a)occ.treas.gov>, Amy Donahoe <edon1985(a)comcast.net>, Jim Kotcon <jkotcon(a)wvu.edu>, Marva Williams <marvaevon(a)aol.com>, Bob Warren <nhisbobness(a)aol.com>, Pam Klundt <pamalasue922(a)verizon.net>, Paul Wilson <pjgrunt(a)gmail.com>, Regina Hendrix <regina1936(a)verizon.net>, Sally Wilts <sallywilts(a)yahoo.com>, Bill DePaulo <william.depaulo(a)gmail.com> cc Subject Fw: Google Alert - stream buffer zone Stream buffer zone rule has still not been approved by EPA, but apparently this rule is one of the ones needing only 30 days advance notice, not 60 as many of us had assumed. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Google Alerts <googlealerts-noreply(a)google.com> To: jim_scon(a)yahoo.com Sent: Monday, December 1, 2008 11:52:09 AM Subject: Google Alert - stream buffer zone Google News Alert for: stream buffer zone Kentucky Objects to Proposed Change for Mining Waste EP Magazine - Dallas,TX,USA ... weaken a 1983 federal regulation that restricts where mining waste can be dumped, a so-called "Excess Spoil minimization -- Stream Buffer Zone" rule. ... See all stories on this topic Google Blogs Alert for: stream buffer zone Still no action taken of the Stream Buffer ZoneRule Change By Kevin Pentz For those of you who have been trying to follow the twists and turns of the saga that has been the rule making of the changes to the Stream Buffer Zone rule, the good news is that so far the Bush administration has not changed the rule. ... KFTC Blog - http://www.kftc.org/blog ________________________________ This once a day Google Alert is brought to you by Google. Removethis alert. Createanother alert. Manageyour alerts.

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[Fwd: [fom] LTE in Gaz--Small choices can make big difference]
by Regina Hendrix 04 Dec '08

04 Dec '08

FYI

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[Fwd: [fom] Sierra Club Calls for End to Mountaintop Removal Mining]
by Regina Hendrix 04 Dec '08

04 Dec '08

FYI

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FW: [wvec-board] Bush moves forward with 'buffer zone' changes
by Grubb, Karen 03 Dec '08

03 Dec '08

From: wvec-board(a)yahoogroups.com [mailto:wvec-board@yahoogroups.com] On Behalf Of Frank Young Sent: Wednesday, December 03, 2008 11:37 AM To: WVHCBOARD(a)yahoogroups.com; wvec-board(a)yahoogroups.com Subject: [wvec-board] Bush moves forward with 'buffer zone' changes Bush moves forward with 'buffer zone' changes http://wvgazette.com/News/200812020604 Vivian at OVEC says: We've got to move this story getting more hits- hundreds more. The Gazette publishers see interest in mining stories thru the number of clicks the mining articles get- the more clicks, the more interest, the more time reporters can spend on mining issues and the more space they receive. Please spread to other lists. __._,_.___ Messages in this topic <http://groups.yahoo.com/group/wvec-board/message/267;_ylc=X3oDMTMzMHBmZ WtnBF9TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRtc2dJZ AMyNjcEc2VjA2Z0cgRzbGsDdnRwYwRzdGltZQMxMjI4MzIyMjI0BHRwY0lkAzI2Nw--> (1) Reply (via web post) <http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJwNDc1NDNwBF9T Azk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRtc2dJZAMyNjcE c2VjA2Z0cgRzbGsDcnBseQRzdGltZQMxMjI4MzIyMjI0?act=reply&messageNum=267> | Start a new topic <http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmOWRkMTFwBF9T Azk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRyBHNs awNudHBjBHN0aW1lAzEyMjgzMjIyMjQ-> Messages <http://groups.yahoo.com/group/wvec-board/messages;_ylc=X3oDMTJmMmttNzNh BF9TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRy BHNsawNtc2dzBHN0aW1lAzEyMjgzMjIyMjQ-> | Files <http://groups.yahoo.com/group/wvec-board/files;_ylc=X3oDMTJnbjNyY3FrBF9 TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRyBHN sawNmaWxlcwRzdGltZQMxMjI4MzIyMjI0> | Photos <http://groups.yahoo.com/group/wvec-board/photos;_ylc=X3oDMTJmZ3Y5azY5BF 9TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRyBH NsawNwaG90BHN0aW1lAzEyMjgzMjIyMjQ-> | Links <http://groups.yahoo.com/group/wvec-board/links;_ylc=X3oDMTJnY205MjJwBF9 TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRyBHN sawNsaW5rcwRzdGltZQMxMjI4MzIyMjI0> | Database <http://groups.yahoo.com/group/wvec-board/database;_ylc=X3oDMTJkcDNhYWFy BF9TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRy BHNsawNkYgRzdGltZQMxMjI4MzIyMjI0> | Polls <http://groups.yahoo.com/group/wvec-board/polls;_ylc=X3oDMTJnYjVxMHJhBF9 TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRyBHN sawNwb2xscwRzdGltZQMxMjI4MzIyMjI0> | Members <http://groups.yahoo.com/group/wvec-board/members;_ylc=X3oDMTJmZ2o0YXVmB F9TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRyB HNsawNtYnJzBHN0aW1lAzEyMjgzMjIyMjQ-> | Calendar <http://groups.yahoo.com/group/wvec-board/calendar;_ylc=X3oDMTJlM2c3N2xh BF9TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRy BHNsawNjYWwEc3RpbWUDMTIyODMyMjIyNA--> MARKETPLACE ________________________________ >From kitchen basics to easy recipes - join the Group from Kraft Foods <http://us.ard.yahoo.com/SIG=13re6sbku/M=493064.12016295.13271503.108355 68/D=groups/S=1705365392:MKP1/Y=YAHOO/EXP=1228329424/L=/B=UkCIIELaX98-/J =1228322224274969/A=5530388/R=0/SIG=11nuutlas/*http:/explore.yahoo.com/g roups/kraftmealsmadesimple/> Yahoo! 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FW: [wvec-board] Fw: NEWS: EPA Signs Off on Mountaintop Removal Mining Rule
by Grubb, Karen 03 Dec '08

03 Dec '08

From: wvec-board(a)yahoogroups.com [mailto:wvec-board@yahoogroups.com] On Behalf Of cindyrank Sent: Tuesday, December 02, 2008 2:53 PM To: WVHCBOARD(a)yahoogroups.com; wvec-board(a)yahoogroups.com; fom(a)lists.riseup.net; the-alliance-for-appalachia(a)googlegroups.com; justice(a)lists.citizenscoalcouncil.org Subject: [wvec-board] Fw: NEWS: EPA Signs Off on Mountaintop Removal Mining Rule This just sent out nationally. ....cindy FOR IMMEDIATE RELEASE December 2, 2008 Contact: Joan Mulhern/Kathleen Sutcliffe, Earthjustice, (202) 667-4500 Oliver Bernstein, Sierra Club, (512) 477-2152 Vivian Stockman, Ohio Valley Environmental Coalition, (304) 360-1979 Vernon Haltom, Coal River Mountain Watch, (304) 854-2182 Cindy Rank, West Virginia Highlands Conservancy, (304) 924-5802 Agency Signs Off on Controversial Rule to Allow Stream Destruction Rule removes protections for streams, allows more mountaintop removal mining Washington, D.C. - The U.S. Environmental Protection Agency today signed off on a controversial 11th hour repeal of the stream buffer zone rule, an environmental law which since 1983 has prohibited surface coal mining activities within 100 feet of flowing streams. The repeal of this important protection clears the way for an even greater expansion of mountaintop removal mining - the aptly named process of mining coal by blasting off the tops of mountains, and bulldozing the crumbled peaks into adjoining valleys. "The EPA's decision is a slap in the face of Appalachian communities, which have already endured enough injustice from mountaintop removal," said Vernon Haltom, co-director of the West Virginia-based Coal River Mountain Watch. "My home and thousands of others are now in greater jeopardy." EPA's approval comes in spite of a recent wave of criticism directed generally at the outgoing administration's 'midnight regulations' and specifically at the repeal of the stream buffer zone rule. "Once again, the Environmental Protection Agency has failed to live up to its name. With less than two months left in power, the Bush administration is determined to cement its legacy as having the worst environmental record in history," said Joan Mulhern, senior legislative counsel at Earthjustice. "This is a sad day for all people who are thankful for the clear mountain streams and stately summits of the Appalachians." The change, which is being proposed by Department of the Interior's Office of Surface Mining (OSM), had to receive written approval from EPA before it could be finalized. That last hurdle was cleared today. Opponents of the repeal of the stream buffer rule argued that EPA could not legally approve the rule change because doing so conflicts with EPA's duties under the Clean Water Act. "The EPA's own scientists have concluded that dumping mining waste into streams devastates downstream water quality," said Ed Hopkins, director of Sierra Club's Environmental Quality Program. "By signing off on a rule to eliminate a critical safeguard for streams, the EPA has abdicated its responsibility and left the local communities that depend on these waters at risk." Last month, top decision makers in the coal mining states of Kentucky and Tennessee urged EPA to block the rule change. Kentucky Gov. Steven Beshear, Attorney General Jack Conway, and Reps. Ben Chandler and John Yarmuth each wrote letters to EPA head Stephen Johnson asking him not to sign off on the repeal of the stream buffer zone rule. And Tennessee Governor Phil Bredesen also weighed in with EPA, voicing concerns on behalf of his state. "The regions most affected by this rule, in the Appalachian Coal Belt, are some of the poorest in the nation," said Lane Boldman with the Sierra Club Cumberland (Kentucky) Chapter. "And all they are asking for is some fundamental protection of their waterways so that they can continue to fish and swim downstream." In October, a landmark nationwide poll on mountaintop removal mining found that two out of three likely voters opposed the rule change. Upon hearing that "more than 1,200 miles of streams in Appalachia already have been buried or destroyed by mountaintop removal coal mining," fully 85 percent of voters said they were concerned about the effects of this mining practice. The practice of mountaintop removal mining has long been opposed by many residents of Appalachia. The poll, the first to test voters' views of this practice nationwide, showed that voters in every region of the country are similarly against mountaintop removal mining. "We are surely thankful the Bush administration will soon be gone. We are hopeful that once Obama is president, he will ban mountaintop removal entirely, and Bush's last minutes sneaky moves won't end up destroying even more of our streams, and by extension, our mountains, our communities and our culture," said Vivian Stockman project coordinator for the Huntington, W.Va.-based Ohio Valley Environmental Coalition. Since coal companies began the practice of mountaintop removal mining in earnest, the topography of Appalachia has been forever altered: More than 400 mountaintops have been stripped of trees and flattened, 1,200 miles of mountain streams buried under rubble. Already the lush forests which once cloaked 387,000 acres of the world's most ancient mountain range have been replaced by apocalyptic lunar landscapes. If industry is allowed to proceed at the current rate, an area the size of Delaware will have been lost. "With this rule change, the outgoing Bush is poised to eliminate forever more of our headwater streams - the very lifeblood of our mountains and the source of healthy water resources that future generations will depend upon," said Cindy Rank, West Virginia Highlands Conservancy's mining chair. For a memo detailing the survey findings, please visit: http://www.earthjustice.org/library/references/memo-on-mtr-poll.pdf For more information on the poll methodology, please visit: http://www.earthjustice.org/library/references/mtr-presentation.pdf

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FW: Morgantown youth activism event this Saturday!
by Grubb, Karen 03 Dec '08

03 Dec '08

---------- Forwarded message ---------- From: Miranda Miller <millerm329(a)gmail.com> Date: Dec 3, 2008 1:31 PM Subject: Morgantown youth activism event this Saturday! To: jim_scon(a)yahoo.com, hugh.rogers(a)gmail.com Hi, my name is Miranda Miller and I am a student at Morgantown High. Joe Gorman from the SSC at WVU gave me your contact information. I just wanted to inform you of an event the SSC and the Morgantown High Green Initiative Club are hosting this Saturday December the 6th at the Warner Theatre in downtown Morgantown. We will be having Elisa Young the coal activist from Meigs County, Ohio speaking on the adverse effects of the coal industry in her region and we will be showing the film Sludge and clips of Black Diamonds with more relevance to West Virginia. I would be seriously grateful if there was anyway you could help with a major shout out to the WV Sierra Club and WV Highlands Conservancy to see if any members in the area would like to attend. Thanks so much! Miranda Miller millerm329(a)gmail.com <mailto:millerm329%40gmail.com> 304-288-4486

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FW: [wvec-board] Fw: Global Warming Education
by Grubb, Karen 03 Dec '08

03 Dec '08

----- Original Message ----- From: Robin Wilson <mailto:robin@wvcag.org> Sent: Wednesday, December 03, 2008 12:57 PM Subject: Global Warming Education Press Alert: December 3, 2008 Educating on Global Warming - Open discussion on implementing classes on Global Warming With Dr. Andrew Wilson Monday, December 8, 2008 - Noon - 1 p.m. At the WV State Capitol, Room B-54 (downstairs across from the old cafeteria) The discussion will focus on how to implement classes on Global Warming Dr. Andrew Wilson has taught environmental economics for the last eight years at the University of Virginia (UVA) and Piedmont Community College. He has also lead community classes on Global Warming. He has developed a class specifically on the Economics of Global Warming, and he will share syllabus, texts, books, student activities, and discussion guides that are useful in such classes. Wilson will also share information on implementing low carbon footprint local food production, green communities, and sustainable transportation. 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Fwd: Victory against Duke Cliffside mercury emissions
by James Kotcon 03 Dec '08

03 Dec '08

This ruling finds that power plants that got air permits under the 1995 Clean Air Mercury Rule (which was overturned Feb. 8, 2008) must comply with the original MACT provisions, and that the exemptions in the 2005 CAMR do not provide a shield against the requirement to comply with MACT. So, because we objected when WV-DEP rushed through the rule changes to adopt CAMR, we can now say "See, We Told You So!" JBK >>> Megan Greenwood <megan.greenwood(a)SIERRACLUB.ORG> 12/3/2008 10:03 AM >>> We just received word that a federal Judge in North Carolina has ruled for us that Duke Energy violated the law by constructing its new Cliffside coal plant unit without complying with the Clean Air Act's requirements to strictly control mercury and other hazardous air pollutants. In the words of our outside counsel John Suttles at Southern Environmental Law Center: the judge granted our Motion for Summary Judgment on Duke Energy’s liability for constructing Unit 6 of its Cliffside coal plant without first obtaining a determination that the new unit is designed and will be constructed and operated to control its hazardous air pollution emissions to the maximum extent possible. This is the first ruling in the country that holds a new unit that received its permit and began construction before the DC Circuit struck down the Clean Air Mercury Rule must comply with the case-by-case Maximum Achievable Control Technology requirements of the Clean Air Act. Sanjay Narayan on our legal staff played a key role assisting SELC on this case and deserves kudos. Also, Molly Diggins, state chapter director, deserves hearty congratulations for her in this litigation effort. Opinion attached. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Kentucky to rethink energy future
by Duane330＠aol.com 01 Dec '08

01 Dec '08

Kentucky energy plan calls for nuclear rethink 21 November 2008, World Nuclear News, _www.world-nuclear-news.org_ (http://www.world-nuclear-news.org) The US state of Kentucky, which currently has a moratorium on the construction of nuclear power plants, has unveiled its first-ever comprehensive energy plan. The plan calls for nuclear to be considered as part of the state's future energy mix. The plan - entitled Intelligent Energy Choices - outlines seven strategies to meet Kentucky's energy needs while protecting the environment and reducing greenhouse gas emission. One of the strategies calls for the use of nuclear power for electricity generation in Kentucky to be examined. The plan sets a target of 2025 for implementing the proposals, which include reducing energy consumption by making homes and businesses more efficient and promoting solar, wind and hydro power. It also calls on the state to encourage industries to convert coal into liquid fuels. Kentucky's energy use is projected to grow by slightly more than 40% by 2025 under a business-as-usual scenario. The document says, "Just as we will experience growth in our demand for energy, our greenhouse gas (GHG) emissions will escalate if we continue down the same path. With such a high reliance on fossil fuels, Kentucky's projected GHG emissions could be more than 40% higher than they are today if we do not take action. With implementation of the seven proposed strategies, however, our GHG emissions will be more than 50% lower in 2025 than they would otherwise be. More significantly, GHG emissions in Kentucky will actually be 20% lower in 2025 than were our 1990 emissions." The plan says, "To find solutions that address climate challenges, use our abundant natural resources to gain energy security, and provide the power needed to drive our economy will require pursuit of a diversified mix of energy options. In weighing the benefits and limitations of potential solutions we must be willing to assess and understand the societal, technical, and financial trade-offs involved." It adds, "Nuclear power is one such option that deserves our full attention, as its technology and safety have significantly improved in the last three decades. It also is likely to become a national priority." A suggestion put forward by the plan is that "a moderate investment in nuclear power (eight plants at four sites) could be considered as part of an overall strategy to diversity Kentucky's future electrical energy portfolio, reduce emissions, and position the state to take advantage of advanced coal conversion opportunities. Kentucky could utilize nuclear power to generate a significant percentage of the state's energy needs, with coal-based and nuclear power for electricity generation being roughly equal." State governor Steve Beshear told Associated Press, "We must begin the discussion now about whether nuclear energy should be part of our energy portfolio." He added, "It is a very expensive proposition to get into, although it ends up, depending upon the economy, being a cost efficient way of producing electricity." The publication of Kentucky's plan comes as President-elect Barack Obama pledged to make energy a centrepiece of his administration. He has set a target of reducing US greenhouse gas emissions to 1990 levels by 2020 and reducing them by a further 80% by 2050, with nuclear energy being used alongside other clean energies. Legislative changes needed Following the accident at Three Mile Island in 1979, Kentucky was one of several US states to introduce legislation essentially preventing new nuclear power plants being constructed. Kentucky law states that a power reactor cannot be certified by the state's Public Service Commission (PSC) unless a disposal site for high-level waste (HLW) either already exists or would be available by the time that plant needs disposal capacity. In addition, the cost of HLW disposal must be "known with reasonable certainty." Kentucky's new energy plan suggests, "Legal hurdles to successful inclusion of nuclear energy in Kentucky's energy mix should be examined. Specifically, removal or revision of the legislative ban on new nuclear power plants must be addressed." During the 2008 legislative season, two bills were introduced that would remove the moratorium. The new energy plan notes that these proposed bills did not make it out of committee, but revised versions will likely be reintroduced soon. The plan notes, "Many of our neighbouring states are considering nuclear energy. Nuclear power production has no direct carbon dioxide emissions and is already a significant component of the global energy system." However, it adds, "While the issue of disposal of spent fuel has not been completely resolved, progress will continue to be made to arrive at a solution that addresses the nation's needs." >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> _Coal stocks hit as reality of climate and EPA ruling finally sets in_ (http://climateprogress.org/2008/11/14/coal-stocks-plummet-as-reality-of-cli… -epa-ruling-finally-sets-in/) 14 November 2008, Climate Progress, _www.climateprogress.org_ (http://www.climateprogress.org) It was inevitable that the increasingly dire threat of catastrophic climate change would hit coal companies — especially since neither the Bush administration nor the coal industry have taken climate change seriously, and therefore they failed to pursue clean coal (i.e. carbon capture and storage) aggresively. In fact, they pursued CCS incompetently (see “_Can the coal industry be saved in spite of itself? Should it be?_ (http://climateprogress.org/2008/04/18/can-the-coal-industry-be-saved-in-spi…) ” and “_In seeming flipflop, Bush drops mismanaged ‘NeverGen’ clean coal project_ (http://climateprogress.org/2008/01/31/in-seeming-flipflop-bush-drops-misman… en-clean-coal-project/) “). The 2007 Supreme Court ruling that CO2 is a pollutant began a chain of events that led to the _landmark ruling_ (http://climateprogress.org/2008/11/13/breaking-news-no-new-coal-plants-with… /) yesterday by the EPA Environmental Appeals Board yesterday, which in turn hits coal stocks hard today (see below). The AP _reported today_ (http://www.boston.com/news/nation/washington/articles/2008/11/14/coal_plant… news) that, as I suggested yesterday, “The fate of scores of new coal-burning power plants is now in limbo”: Environmentalists and lawyers representing industry groups said the ruling puts in question permits — some being considered, others approved but under appeal — of perhaps as many as 100 coal plants…. Michael Gerrard, a lawyer not involved in the Bonanza case and author of “ Global Climate Change and the Law,” said the decision “will embolden the lawsuits” challenging construction of new power plants based on their impact on climate. “It means that the appeals board recognizes that carbon dioxide regulation of power plants is a very live and open issue. It does not ban them. It puts a cloud over them, by making it clear that this is a real issue,” Gerrard said in an interview. And this translates into coal companies losing value today: Arch Coal Inc. (ACI) 15.86 2.22 (-12.28%) Peabody Energy Corp. (BTU) 27.07 2.40 (-8.14%) Foundation Coal Holdings Inc. (FCL) 13.92 1.64 (-10.54%) Massey Energy Co. (MEE) 16.20 2.33 (-12.57%) Yanzhou Coal Mining Co. Ltd. (YZC) 5.14 0.52 (-9.19%) The coal industry is starting to look like a bit like the auto industry. Yes, it’s richer and more profitable, but it’s just as much in denial and therefore ultimately self-destructive and generally destructive (see “_Why bail out the car companies when they bailed out on us?_ (http://climateprogress.org/2008/11/12/why-bail-out-the-car-companies-when-t…) “). **************Life should be easier. So should your homepage. Try the NEW AOL.com. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000…)

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Fw: Google Alert - stream buffer zone
by Jim Sconyers 01 Dec '08

01 Dec '08

Stream buffer zone rule has still not been approved by EPA, but apparently this rule is one of the ones needing only 30 days advance notice, not 60 as many of us had assumed. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Google Alerts <googlealerts-noreply(a)google.com> To: jim_scon(a)yahoo.com Sent: Monday, December 1, 2008 11:52:09 AM Subject: Google Alert - stream buffer zone Google News Alert for: stream buffer zone Kentucky Objects to Proposed Change for Mining Waste EP Magazine - Dallas,TX,USA ... weaken a 1983 federal regulation that restricts where mining waste can be dumped, a so-called "Excess Spoil minimization -- Stream Buffer Zone" rule. ... See all stories on this topic Google Blogs Alert for: stream buffer zone Still no action taken of the Stream Buffer Zone Rule Change By Kevin Pentz For those of you who have been trying to follow the twists and turns of the saga that has been the rule making of the changes to the Stream Buffer Zone rule, the good news is that so far the Bush administration has not changed the rule. ... KFTC Blog - http://www.kftc.org/blog ________________________________ This once a day Google Alert is brought to you by Google. Remove this alert. Create another alert. Manage your alerts.

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Re: [EC] [Fwd: Fw: [fom] WVU studies ex-mine sites as biofuel farms; Research in early stages to find if abandoned, reclaimed land can be used]
by Michael Price 01 Dec '08

01 Dec '08

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[Fwd: Fw: [fom] WVU studies ex-mine sites as biofuel farms; Research in early stages to find if abandoned, reclaimed land can be used]
by Regina Hendrix 01 Dec '08

01 Dec '08

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EC December 2008