February 2010 - EC - lists.bikelover.org

FW: March 11 in Clarksburg - PATH opponents should make a showing!
by Grubb, Karen 01 Mar '10

01 Mar '10

>From Bill Howley, winner of WVEC Grassroots activist. ________________________________ From: Tina Rappaport [mailto:tinazipp@gmail.com] Sent: Sat 2/27/2010 10:25 AM Subject: March 11 in Clarksburg - PATH opponents should make a showing! Hi all, If you haven't seen Bill's blog today, I've included it below. Many folks know that the blackouts in their area were due to neglected powerlines and fallen trees, not grid overload. This is a good opportunity to say it publicly!! Please forward to all you can! Let's take 'em by storm!! hahaha My best, Tina Rappaport Bill Howley's excellent blog <http://calhounpowerline.wordpress.com/> WV PSC Public Hearing on WV Power Blackout Coming Up On March 11 <http://calhounpowerline.wordpress.com/2010/02/26/wv-psc-public-hearing-on-w…> The WV Public Service Commission will be holding a public hearing on the December 2009 blackout that struck southern and central West Virginia. The PSC is in the middle of studying the causes of the blackout. The hearing will be held on Thursday, March 11 at 6:00 p.m. at he Harrison County Recreation Complex/4-H Center located on 23 Recreation Drive in Clarksburg. If you have been involved in the fight against PATH, you should try to attend this hearing. The PSC has heard a lot from AEP/Allegheny about how PATH might improve "grid reliability" somewhere on the east coast sometime in the future. Meanwhile, in the here and now in West Virginia, AEP's and Allegheny's distribution system has collapsed from neglect. We need to show up at this hearing to remind the PSC what Allegheny CEO Evanson, the eighth highest paid CEO in the US, said last month: And we'll be vigilant in our efforts to control costs and spending. Our plan is to keep [inaudible] O&M [Operations & Maintenance] flat marking the fifth consecutive year of no increase in costs, an accomplishment I think few can match. One thing is for certain - during those same five years, Mr. Evanson's outrageous salary and bonuses continued to rise, even if Allegheny's spending on its local power lines did not. The WV PSC needs to stand up for West Virginia's electricity users, not consumers in other states - and we need to show up on March 11 and let them know it. See you there. Bring your neighbors. The fact that you may be an intervenor in the PATH case does not prevent you from testifying at this PSC hearing. This is an entirely different case, so all PATH intervenors will be able to speak to the PSC. (Here is a link to a map to the Rec Center) <http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=23+recreation+d…>

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REPORT ON RALEIGH COUNTY TRIAL OF ADAM PAULEY - GUILTY OF ASSAULT ON KAYFORD MOUNTAIN
by William V. DePaulo, Esq. 28 Feb '10

28 Feb '10

*ADAM PAULEY FOUND GUILTY OF ASSAULT * Following a bench trial Friday morning, Raleigh County Magistrate Rick Jones found Adam Pauley guilty of misdemeanor assault for threatening to cut the throat of a mother and her child at Larry Gibson’s 2009 Fourth of July gathering of family and anti-MTR activists on Kayford Mountain. In the same sentence finding Pauley guilty, Jones imposed a $100 fine and placed Pauley on six months unsupervised probation, which he noted will extend through 2010’s Fourth of July event. Was it worth the time and effort of Larry and his friends to obtain a sentence which on its face appears to be fairly paltry; particularly where Pauley offered to plead guilty to the charge before trial, conditioned on the imposition of the same punishment? Larry and those with him Friday believe the answer to that question is yes. Why? There is a broad perception among anti-MTR advocates that the judicial system is stacked solidly against them. The harsh bail terms and sentences passed out to Ground Zero’s tree-top activists, and the ongoing trespassing trial before newly-appointed US District Judge Irene Berger, have convinced some that there is a clear double standard in effect: outrageous crimes against the environment are routinely discounted if not disregarded entirely, while plainly innocuous tree-top political theatre receives the full brunt of the law. So why isn’t a $100 fine, plus probation, for a crime of violence simply more of the same? Because the outcome – although obvious to anyone of the 50,000+ people who have viewed the youtube.com/ video (enter search term “Kayford Mountain”) of Pauley’s assault on the Fourth of July – was not by any means a given in a courtroom in the middle of the coal fields. First, it took the State Police two months to bring the charges, and the Trooper who testified at Friday’s trial stated that he was ordered by his superiors to file the complaint (the Trooper earlier told Larry that he thought the Kayford Mountain gatherings were a “set up” for Pauley and others who have been charged with violence). Second, the prosecutor had not subpoenaed a single witness for the trial. Not the videographer who made the youtube video; not the woman whose life was threatened; not Larry Gibson. No one. Third, not a single journalist appeared (although many were present for a December hearing). Larry showed up on his own, as did “Christians for the Mountains” activist, Sage Russo, and OHVEC’s Dianne Brady. Fourth, entering the Magistrate Court annex building, Larry was subjected to an unnecessarily tactile bodily search by the officer in charge, clearly and openly hostile to Larry (who can’t be missed in his fluorescent yellow anti-MTR hat and jacket). The same officer couldn’t manage to look Larry’s lawyer (yes, briefcase, blue suit, tie, overcoat), in the eye. And, on entering the court room, Pauley’s defense counsel tried to fix the parameters of the role Larry Gibson’s private lawyer expected to play in the criminal proceedings. Response: “When I need your advice on how to practice law, I’ll ask for it.” Fifth, in his opening testimony, Larry Gibson initially was reluctant to testify that Pauley had “placed him in reasonable apprehension of serious bodily injury” – a finding necessary to sustain the charge of assault – because he simply didn’t want to admit he was afraid; call it testosterone-driven testimony. But the tenor of the trial changed, when Pauley -- who exercised his right under the Fifth Amendment not to testify -- made contemptuous sneering smiles, stopping just short of audible laughter, as Larry testified. Magistrate Jones abruptly interrupted the proceedings and advised Pauley that if he didn’t conduct himself properly he would be removed from the trial. Surprised, Pauley straightened up, but too late to affect his trial’s outcome. After the unedited youtube video (with less than perfect audio) played, Pauley’s defense counsel renewed a motion to exclude it from evidence, lamely arguing that Pauley’s gesture of pulling his finger across his throat, while yelling at a woman, could have been an innocent directive to stop talking. Enter the testosterone-free testimony of Sage Russo, who calmly recounted that he was close enough to Pauley to hear him say he’d cut the woman’s throat and her baby’s throat, close enough to observe the father come take the baby out of the mother’s arms and retreat away from Pauley, and observant enough to testify that some people actually ran away from Pauley and his entourage. Pauley was toast. Pressed by defense counsel as to why Russo didn’t run if Pauley was really all that scary, Russo testified that his extensive training in non-violence and peace-keeping had taught him to maintain a distance but never to run, even when threatened with violence, as he was. At the end of the trial, Magistrate Jones did not hand wring over a verdict. Making indirect reference to the MTR dispute as the “ongoing matters in western Raleigh County,” Jones said the merits of that debate had nothing to do with the issues before him -- “People have a right to come together peacefully regardless of their views” – and pronounced Pauley guilty of assault. The message was unambiguous and important: don’t count on judges whom you may think share your political views to bail you out of criminal conduct. The sentence imposed may be viewed as light by some, but would not have been unusual for virtually any other first offense, where no one was physically injured. To that extent, it underscored the broader principle that led to the finding of guilt, and reaffirmed concretely the overriding principle of our jurisprudence -- equal justice under law. That was the saving grace of Friday’s trial. -- 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 This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

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Fw: Stop Path Health Spot
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: Keryn Newman To: Frank Young Sent: Friday, February 26, 2010 4:56 PM Subject: Fwd: Stop Path Health Spot Frank - here is the completed "health effects" commercial for your review/comment. Keryn Begin forwarded message: From: darla(a)growthmediaservices.com Date: February 22, 2010 9:06:41 PM EST To: "Keryn Newman" <keryn(a)frontiernet.net>, "Patience Wait" <pwaitster(a)gmail.com> Subject: Stop Path Health Spot Patience and Keryn, Attached is the finished commercial from this weekend's shoot. I will get all of your files onto disk and ready for you. Also, Clint mentioned, that you needed a disc on loop for an event, let me know if you want a single spot or all four to loop. Let me know when we can get together for a few minutes so that I can get this to you. Darla Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Frank - here is the completed "health effects" commercial for your review/comment. Keryn Begin forwarded message: > From: darla(a)growthmediaservices.com > Date: February 22, 2010 9:06:41 PM EST > To: "Keryn Newman" <keryn(a)frontiernet.net>, "Patience Wait" <pwaitster(a)gmail.com> > Subject: Stop Path Health Spot > > Patience and Keryn, > > Attached is the finished commercial from this weekend's shoot. I will get all of your files onto disk and ready for you. Also, Clint mentioned, that you needed a disc on loop for an event, let me know if you want a single spot or all four to loop. Let me know when we can get together for a few minutes so that I can get this to you. > > Darla > > Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Fw: Reivised Radio Ads]
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: darla(a)growthmediaservices.com To: Frank Young Sent: Friday, February 26, 2010 11:44 AM Subject: [FWD: Reivised Radio Ads] Frank. Here are the other two radio ads Darla

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Fw: Revised Radio Ads 2nd Batch]
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: darla(a)growthmediaservices.com To: Frank Young Sent: Friday, February 26, 2010 11:43 AM Subject: [FWD: Revised Radio Ads 2nd Batch] Frank, We finally got a break in the weather to get the final videos completed last weekend. Clint will upload them to you later today. In the meantime, here are two of the radio ads... more files to follow. Darla Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Fwd: Mingo County CTL air permit approved.
by James Kotcon 26 Feb '10

26 Feb '10

>>> "Bill Price" <bill.price(a)sierraclub.org> 2/26/2010 9:52 AM >>> http://www.dep.wv.gov/daq/permitting/Documents/R13-2791Notification.pdf Bill Price, Sierra Club EJ Program 922 Quarrier Street, Suite 304 Charleston, WV 25311 Cell 304-389-8822 Fax 304-342-3182

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Fwd: Know how your Congress Is Voting
by Paul Wilson 26 Feb '10

26 Feb '10

I signed up for this. Very useful website. Check it out.. paul p.s. might be something worthwhile to list on our website or in the newsletter under "resources" ---------- Forwarded message ---------- From: <pjpaulgrunt(a)netscape.net> Date: Wed, Feb 24, 2010 at 9:56 AM Subject: Re: Know how your Congress Is Voting To: carolkirschner(a)hotmail.com Cc: pjgrunt(a)gmail.com Thanks, Carol: I did sign up and book-marked their home page. hope all is well with you guys, love, paul -----Original Message----- From: Carol Ann Kirschner <carolkirschner(a)hotmail.com> Mrs. Carol A. Kirschner 520 Hawkins Road East Selden, NY 11784-1943 Phone: 631-732-7670 ------------------------------ From: LAdd259311(a)aol.com Date: Sat, 20 Feb 2010 22:09:07 -0500 Subject: (no subject) To: eaddessi(a)tampabay.rr.com * Helpful info to have a say in our government. If you go to the below web site and sign up, you can track your representatives voting record by e-mail. They will e-mail your representatives voting record for that month. They don't bother you with a lot of junk mail. Just the voting record. I copy and paste it to a file in my Documents so I have their records on hand if necessary. If enough people know about this and send their thoughts and concerns to their representative then we still have a voice. If you are so inclined please pass on. Congress.org - : MegaVote Sign-up<http://www.congress.org/congressorg/megavote/> * = -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fwd: TransGas Development Systems, LLC R13-2791
by James Kotcon 26 Feb '10

26 Feb '10

Here we go again!. JBK >>> "Kessler, Joseph R" <Joseph.R.Kessler(a)wv.gov> 2/25/2010 11:02 PM >>> The West Virginia Division of Air Quality has completed its evaluation of all submitted comments and made a final determination to issue Permit R13-2791 (with revisions) to TransGas Development Systems, LLC for construction of a Coal-to-Liquids Plant near Wharncliffe, Mingo County, WV. The final permit and response to comments document are available for download at: http://www.dep.wv.gov/daq. Hard copies will follow in the mail. Sincerely, Joe Kessler, PE Engineer West Virginia Division of Air Quality 601-57th St., SE Charleston, WV 25304 Phone: (304) 926-0499 x1219 Fax: (304) 926-0478 Joseph.r.kessler(a)wv.gov

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Dunkard Creek: Citizens to sue over CONSOL pollution
by Frank Young 25 Feb '10

25 Feb '10

The Sierra Club and the West Virginia Highlands Conservancy just announced that they plan to sue CONSOL Energy to try to force the company to "stop releasing harmful pollution" into Dunkard Creek. For the complete article, including quotes by Sierra's Jim Kotcon and WVHC's Cindy Rank, click on: http://blogs.wvgazette.com/coaltattoo/2010/02/25/dunkard-creek-update-citiz… According to a news release issued by the groups: "Consol's own instream monitoring data show that for years chloride pollution from its operations has exceeded water quality standards. That pollution contributed to a toxic golden algae bloom that killed nearly all the aquatic life in a 35-mile stretch of Dunkard Creek last year on the Pennsylvania border with northern West Virginia." Jim Hecker, environmental enforcement director at Public Justice, is representing the citizen groups along with Derek Teaney of the Appalachian Center for the Economy and the Environment. Hecker said: "The recent Dunkard Creek fish kill was the same wake-up call for the coal industry that the Exxon Valdez spill was for the oil industry."

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Fw: [energy activists] PLEASE FORWARD: Make Calls for Urgent Senate Action
by Jim Sconyers 25 Feb '10

25 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 2/24/10, Christina Yagjian <Christina.Yagjian(a)sierraclub.org> wrote: From: Christina Yagjian <Christina.Yagjian(a)sierraclub.org> Subject: [energy activists] PLEASE FORWARD: Make Calls for Urgent Senate Action To: "Christina Yagjian" <Christina.Yagjian(a)sierraclub.org> Date: Wednesday, February 24, 2010, 2:39 PM PLEASE FORWARD TO YOUR LISTS! Over a dozen environmental groups are joining forces next week for a 72 hour call in from March 2nd - 4th to demand urgent Senate action on clean energy and climate legislation. Our window of opportunity to bring this legislation to the floor this spring is narrowing. We need your help to ensure that the Senate makes this a priority! On Wednesday, March 3rd we are making calls to Sierra Club members in key states and patching them through to their senator's voicemail to leave a message. MAKE CALLS: sierraclub.org/climateleaders HOST A PHONE PARTY: action.sierraclub.org/climateleaders_octphone Hosting a party is easy! We'll send you a script and instructions for using our calling system two days before the phone bank. You won't need a computer, but each caller will need a touch tone phone, so ask everyone to bring their cell. What: Throw a party with your friends to call Sierra Club activists in key states and connect them directly to their senator's office. When: Wednesday, March 3rd from 6-10pm ET, 3-7 pm PT. Join for as long as you can, whether it's few hours or thirty minutes. Training: Join a training call at 6pm ET/3pm PT and again at 8:30pm ET/5:30pm PT on Wednesday to get familiar with the phone banking tool. Where: Your living room! Thanks for all you do, Christina Marie Yagjian National Conservation Organizer Sierra Club, Global Warming and Energy sierraclub.org/climateleaders 202.675.7911

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FW: West Virginia Environmental Council Action Alert
by Beth Little 22 Feb '10

22 Feb '10

_____ From: WVEC - Don Alexander [mailto:paradox@spectrumz.com] Sent: Thursday, February 18, 2010 2:42 PM To: Beth Little Subject: West Virginia Environmental Council Action Alert West Virginia Environmental Council Action Alert February 18, 2010 WVEC <http://www.wvecouncil.org/take_action/index.html> Alerts Archive _____ Finally we have a bill that addresses Marcellus Shale water issues. The bill number is HB 4513, and it is important that you contact your legislators now asking them to support this bill. The main sponsor of the bill is Delegate Tim Manchin. It was drafted with input from both the WV Environmental Council and representatives from the Oil & Gas industry. It's a good start at regulating withdrawl of water for drilling and fracturing these Marcellus shale wells. The bill also contains regulations requiring identification of the contents of frac fluids - and sets up a system for tracking the disposal of those fluids. Please contact members of the House Judiciary Committee - including Chairman Tim Miley, expressing your support for this bill. House Judiciary Members: Tim Miley, Chair (D-Harrison) (304) 340-3252 tim.miley(a)wvhouse.gov Mark Hunt, Vice-Chair (D-Kanawha) (304) 340-3392 mhunt(a)markahunt.com John Ellem, Minority Chair (R-Wood) (304) 340-3394 ellem(a)wirefire.com Patrick Lane, Minority Vice-Chair (R-Kanawha) (304) 340-3275 - no e-mail Larry Barker (D-Boone) (304) 340-3149 no e-mail Bonnie Brown (D-Kanawha) (304) 340-3106 bonnie.brown(a)wvhouse.gov Mike Caputo (D-Marion) (304) 340-3249 no e-mail Michael Ferro (D-Marshall) (304) 340-3111 mike.ferro(a)wvhouse.gov Barbara Fleischauer (D-Monongalia) (304) 340-3169 barbaraf(a)mail.wvnet.edu John Frazier (D-Mercer) (304) 340-3396 jfrazier(a)mail.wvnet.edu Tal Hutchins (D-Ohio) (304) 340-3270 thutch(a)mail.wvnet.edu Linda Longstreth (D-Marion) (304) 340-3124 no e-mail Harold Michael (D-Hardy) (304) 340-3340 no e-mail Clif Moore (D-McDowell) (304) 340-3189 cmoore(a)mail.wvnet.edu Mike Ross (D-Randolph) (304) 340-3145 mikeross(a)mail.wvnet.edu Alex Shook (D-Monongalia) (304) 340-3173 ashook(a)mail.wvnet.edu Doug Skaff (D-Kanawha) (304) 340-3362 doug.skaff(a)wvhouse.gov Sally Susman (D-Raleigh) (304) 340-3183 ssusman(a)mail.wvnet.edu Danny Wells (D-Kanawha) (304) 340-3287 no e-mail Bill Wooton (D-Raleigh) (304) 340-3164 wrwooton(a)mail.wvnet.edu Bill Hamilton (R-Upshur) (304) 340-3167 bill.Hamilton(a)wvhouse.gov John Overington (R-Berkeley) (304) 340-3148 john(a)overington.com Robert Schadler (R-Mineral) (304) 340-3191 rschadler(a)comcast.net Patti Schoen (R-Putnam) (304) 340-3141 pschoen(a)mail.wvnet.edu Kelli Sobonya (R-Cabell) (304) 340-3175 sobonya-4wvhouse(a)aol.com Talking Points / Reasons to Support HB 4513 Protecting State Water Resources from Marcellus Gas Well Drilling HB 4513 establishes additional requirements for the drilling and fracturing of Marcellus Shale gas wells. These requirements are necessary in order to protect rivers and streams from becoming dewatered by stream withdrawals or contaminated by disposal of wastewater produced in the drilling and fracturing process. The bill would require that prior to drilling, fracturing or stimulating Marcellus Shale gas wells that use large volume fracs, operators must submit the following information to WV DEP's Office of Oil and Gas: * Type of water source (surface, underground or groundwater) and county of origin * GPS data of withdrawal location * Anticipated volume of each withdrawal * Anticipated months when water withdrawals will be made * Planned management and/or disposition of wastewater * Additives to frac fluids and material data safety sheets For surface water withdrawals, a water resources protection plan that includes the above information, and measures to be taken to allow the state to manage water quantity. The Plan must include the following: * Current designated and existing water uses, including public water intakes within one mile downstream * Demonstration of sufficient instream flow immediately downstream * Use of the DEP Water Use Guidance Tool as a measurement of flow * Measures to protect fish Further, the bill mandates that operators keep records of their handling of frac water, including the quantity of flowback water, the quantity of produced water, and the method of disposal of flowback and produced water. For disposal of these waste waters, operators must keep records of the quantity of all water transported to disposal facilities, the collection and disposal locations of all waste water, and the name of the water hauler. _____ Don <mailto:paradox@spectrumz.com> Alexander WVEC E-mail List Coordinator Subscribe or <http://www.wvecouncil.org/take_action/> Unsubscribe Online Donate Online <http://www.wvecouncil.org/join/> No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.733 / Virus Database: 271.1.1/2693 - Release Date: 02/18/10 14:34:00

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<CRU> Climate Change Data Sets Are Huge
by duane330＠aol.com 18 Feb '10

18 Feb '10

Science 19 February 2010: Vol. 327. no. 5968, p. 934. [DOI: 10.1126/science.327.5968.934] News of the Week, Newsmaker Interview by Eli Kintisch Embattled U.K. Scientist Defends Track Record of Climate Center Phil Jones is at the center of a swirling controversy over e-mails stolen or leaked from the Climatic Research Unit (CRU) at the University of East Anglia in the United Kingdom, which he has directed since 2004. In the 3 months since those messages came to light, Jones has been battered by criticism that the e-mails reveal a failure to share climate data publicly and an effort to prevent certain papers from being cited in international climate change reports. He's stepped down temporarily from his job to allow for an independent inquiry, and he's been treated for depression. But Jones hasn't walked away from the battlefield. "I've got no agenda here. I'm not a politician. I'm just a scientist," he told Science during an interview last week from the University of East Anglia. Jones declined to talk about allegations concerning the hacked e-mails, citing the ongoing investigation. But he forcefully defended the quality of the center's efforts to create a global temperature database, which points to an average 0.1°C warming of Earth's land areas per decade since 1900. That work earned him a 2002 medal from the European Geosciences Union, among other acclaim. Here are some highlights from the interview. Q: If the CRU data set were set aside, are there other data that corroborate your findings about rising temperatures? P.J.: There's the two other data sets produced in the U.S. [at NASA and the National Oceanic and Atmospheric Administration]. But there's also a lot of other evidence showing that the world's warming, by just looking outside and seeing glaciers retreating, the reduction of sea ice ... overall, the reduction of snow areas in the Northern Hemisphere, the earlier [annual] breakup of sea ice and some land ice, and river ice around the world, and the fact that spring seems to be coming earlier in many parts of the world. Q: Critics say that your producing the same trends as the NASA and NOAA data sets is insignificant given that you start with the same raw data. CREDIT: UEA P.J.: There are differences. The two American sets use a larger number of [temperature] stations than we do. They both use about 7200 stations, and we use about 5000 stations. But we look at that data in different ways and have different techniques for deciding whether the stations are used or not. Q: One of the real challenges is going from the available raw data to the final temperature sets that you release. Do you feel that you have released enough information that someone could repeat that exercise? P.J.: Yes, I feel they have. [Our papers] have been peer-reviewed; we've been doing this work for almost 30 years now. [NOAA] has something called the Global Historical Climatology Network, and people can download the station data—it's essentially the same data, it may not be exactly the same—they could go and take that data, make their own choices about what stations to use, ... they could reproduce their own gridded temperature data. A lot of the people at the moment criticize what we do but [are not doing] anything constructive and new. Q: A sticking point with some of your critics has been how much of the data isn't available. P.J.: We've been putting up more of the data online on the U.K. Met Office site [covering] 80% of the stations we use. You can download the data and you can download the program we use to produce the data sets. Q: One concern is whether there are adequate procedures in place to assure the quality of this data. P.J.: That's the sort of work we've done in the past and published in the papers. Q: You've emphasized that you have a small staff. Would more people checking these data be a useful thing? P.J.: It could be useful, but then we've got to bring them up to speed in terms of what we're looking for. ... The national meteorological services [which provide the raw numbers] are doing quality control on this data before it even reaches us. Q: When during your career has pressure from outsiders to criticize or, as you would put it, "distort" your work become significant? P.J.: In 2007, [as] the blog sites started then. I had responded to some of these people in years earlier but had given up. ... I just didn't have the time to respond. They didn't seem to want to understand. Q: One of the skeptics who wanted station data was Warwick Hughes. What did you mean when you wrote in an e-mail to him that "even if WMO [World Meteorological Organization] agrees, I will still not pass on the data. We have 25 or so years invested in the work." P.J.: I'd rather not go there. It was an e-mail written in haste. Q: When did the pressure become severe? P.J.: In July 2009, we received 60 Freedom of Information requests in a few days—each request was for five countries' worth of data. We probably should've responded to these requests in a different way. We stand by the science that we were doing. Maybe we need to be more proactive and open about releasing data. But the 60 requests were just too much to deal with at that one time. Q: Do you have any regrets about how you handled the chapter you've co-authored in the 2007 IPCC report? P.J.: No regrets, but I don't really want to go talking about IPCC. I stand by that chapter. Q: Why are you speaking out now? P.J.: It just seems like the right time. It was too difficult back in November and December. Science. ISSN 0036-8075 (print), 1095-9203 (online) "that's my story and I'm sticking to it"

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Fw: Register-Herald re Sierra Club MTR litigation victory - Powellton
by Jim Sconyers 18 Feb '10

18 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 2/17/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: Register-Herald re Sierra Club MTR litigation victory - Powellton To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com> Date: Wednesday, February 17, 2010, 4:32 PM Judge rules against Powellton for Clean Water Act violations Published: February 16, 2010 03:42 pm Judge rules against Powellton for Clean Water Act violations By Courtney D. Clark The Register-Herald A federal judge has ruled in favor of the Sierra Club and the Ansted Historic Preservation Council in a federal Clean Water Act and Surface Mining Control and Reclamation Act enforcement action against Powellton Coal Co. Powellton Coal has as a mining complex in the Jodie/Ansted area. According to the AHPC, which filed suit with the Sierra Club in November 2008, Powellton has three Clean Water Act permits that govern discharges into the Rich Creek tributary of the Gauley River. “This is about water … the quality and the quantity of water,” Katheryne Hoffman, president of the Ansted Historic Preservation Council, told The Register-Herald. The plaintiffs stated that between March 1, 2006, and March 31, 2009, Powellton Coal accrued at least 6,767 violations of the Clean Water Act and SMCRA as a result of its discharges in the nation’s waters. On Feb. 3 in Charleston, U.S. District Judge John T. Copenhaver Jr. denied Powellton’s motion for summary judgment. However, the judge did not give the Preservation Council and Sierra Club a full victory as their motion was in part granted and in part denied. The plaintiffs alleged violations of 20 to 30 outfalls on each permit, and according to the AHPC, Copenhaver ruled in their favor on 18 of those violations. Copenhaver denied the remainder of the parameters until he can hear more evidence that proves the violation is ongoing. Hoffman says she believes the suit is another step forward in holding Powellton Coal accountable. “Rich Creek is a trout stream, which flows into the Gauley River, thus into the New and the Kanawha, potentially polluting all,” she continued. “The near areas to this operation are riddled with old mine works and tunnels, which hold water. Blasting and removal of the soil and trees and undergrowth could easily result in flooding in the Ansted/Jodie area.” Many of the rocks in the area are silica and one of the coal seams is full of toxic selenium, she added, explaining Powellton’s permit states that if the toxin is not handled quickly and correctly, damage could be irreversible. “Gauley Mountain is rich in history, the scene of the greatest industrial accident ever to occur in this country,” Hoffman said, referring to those who died at Hawks Nest Tunnel. “Its mountains are steep; the forests are beautiful and wild. Its trails are perfect for hiking, four-wheeling and birding.” The potential for tourism in the area is being overlooked, she says. “If coal is to be mined, it should be underground,” she added. “The MTR (mountaintop removal) method is too destructive. “Companies should protect their underground miners and obey the existing laws put in place to care for the environment and the citizens. The future of Fayette County depends on it.” The AHPC said there is no specific time frame set for a trial on the remaining violations or the determination of Powellton’s punishment. A spokesman for Powellton Coal declined to comment.

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Fwd: [WVaPATH] A little more info on HB4403
by Jim Sconyers 16 Feb '10

16 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 2/16/10, Tina Rappaport <tinazipp(a)gmail.com> wrote: From: Tina Rappaport <tinazipp(a)gmail.com> Subject: Fwd: [WVaPATH] A little more info on HB4403 To: Date: Tuesday, February 16, 2010, 8:29 AM This just in from Ali Haverty & Bill Howley (Calhoun Cnty). Please continue to pass along this information!! Thanks! My best always, Tina Rappaport,Calhoun ---------- Forwarded message ---------- From: Haverty Family <haverty6(a)frontiernet.net> Date: Tue, Feb 16, 2010 at 8:02 AM Subject: Fwd: [WVaPATH] A little more info on HB4403 Update from Bill on our first little victory is below, please read! As he mentions below, 4403 is now on the EIL agenda for Feb. 24 because of you and many others across the state doing a little something! Bill mentions below that it is important to contact the whole committee, let's start with Walker and reply to the group if you get any word from him. Or if you have good info on another delegate, let's share to save time and resources. Any other suggestion anyone? Thanks to all, Ali Energy, Industry & Labor/ Economic Development & Small Business Committee Committee MembersDelegate Barker - Chair Energy, Industry and Labor larry.barker(a)wvhouse.gov 304 340-3149 Delegate Shaver - Vice-Chair Energy, Industry and Labor sshaver(a)mail.wvnet.edu 304 340-3146 placed 4403 on agenda Delegate Kominar - Chair Economic Development and Small Business kominar(a)verizon.net 304 340-3186 Delegate Craig - Vice-Chair Economic Development and Small Business kjcraigwv(a)aol.com 304 340-3350 Delegate Sobonya - Minority Chair Energy, Industry and Labor sobonya4wvhouse(a)aol.com 304 340-3175 Delegate Miller, C. - Minority Vice-Chair Energy, Industry and Labor carolmil(a)mail.wvnet.edu 304 340-3176 Delegate Blair - Minority Chair Economic Development and Small Business craig(a)delegatecraigblair.com 304 340-3122 Delegate Andes - Minority Vice-Chair Economic Development and Small Business tandes(a)mail.wvnet.edu 304 340-3121 Delegate Brown bbrown1(a)mail.wvnet.edu 304 340-3106 Delegate Butcher gbutcher(a)mail.wvnet.edu 304 340-3113 Delegate Caputo mike.caputo(a)wvhouse.gov 304 340-3249 Delegate Fleischauer barbaraf(a)mail.wvnet.edu 304 340-3169 co-sponser of 4403 Delegate Guthrie nguthrie(a)mail.wvnet.edu 304 340-3156 Delegate Klempa oklempa(a)mail.wvnet.edu 304 340-3378 Delegate Mahan vmahan(a)mail.wvnet.edu 304 340-3102 Delegate Manypenny mmany(a)mail.wvnet.edu 304 340-3139 co-sponser of 4403 Delegate Marshall chmarsh(a)mail.wvnet.edu 304 340-3900 supports 4403 Delegate Martin dmartin1(a)mail.wvnet.edu 304 340-3134 Delegate Paxton bpaxton(a)mail.wvnet.edu 304 340-3337 Delegate Skaff dskaff(a)mail.wvnet.edu 304 340-3362 Delegate Walker dwalker(a)mail.wvnet.edu 304 340-3135 Calhoun/Clay delegate Delegate Hamilton bhamilt(a)mail.wvnet.edu 304 340-3167 Delegate McGeehan mcgeehan(a)mail.wvnet.edu 304 340-3120 Delegate Schoen pschoen(a)mail.wvnet.edu 304 340-3141 Delegate Shott jhshott(a)mail.wvnet.edu 304 340-3179 Begin forwarded message: From: Bill Howley <billhowley(a)hughes.net> Date: February 15, 2010 7:04:27 PM EST To: WVaPATH Subject: [WVaPATH] A little more info on HB4403 Del. Stan Shaver, acting chairman of the House Energy, Industry & Labor Committee, is in a bit of a bind. Chairman Barker had most of his committee meeting agendas set for the next week or so with bills that the Chairman wanted to take up. Del. Shaver is on our side, but he also does not want to make Chairman Barker mad by bumping a bill Del. Barker wanted. I have just heard that Del. Shaver was able to put 4403 on the EIL Committee's agenda for Wednesday, Feb. 24. That is great, because that is E-Day when a lot of us will be at the Capitol. Del. Shaver made the extra effort and went to House Speaker Rick Thompson to get permission to hold a special committee meeting to consider some extra bills pending in the committee, including 4403. Between now and Feb. 24, we need to call all the EIL committee members to urge them to support HB4403. Here are some talking points to use: 4403 will protect the rights of property owners by giving them individual notice at the beginning of the PSC process so they can participate in the transmission line case. New transmission projects that will be coming before the PSC are bigger regional lines with multi-state impacts. 4403 would require that the PSC put the interests of WV consumers and land owners ahead of power companies' regional profit making ventures. New transmission projects have wide ranging impacts. 4403 will require the PSC to consider the full range of these impacts when they decided on certificates of need.Try to stay away from discussion of specific power line projects like TrAIL and PATH. Don't focus on issues like coal or other environmental issues. 4403 is about giving property owners the ability to protect their property and for West Virginians to participate fully in the PSC process leading to better outcomes in the future. This bill is about the PSC and how it operates. That is what legislators will want to know about. If we stay focused on the PSC process, we can win a lot of supporters who may not understand all of the complexities of PATH and TrAIL. Keep it simple. Stay focused on the talking points. Two or three votes next Wednesday in the EIL Committee will make us or break us. Start by calling some of the committee members who you don't think will support us. Call a few who you think might need to know more about it. Don't waste a lot of time talking to people who will already vote for the bill like Barbara Fleishauer or Charlene Marshall. Concentrate on the people we will need to convince. We discovered today with Stan Shaver that phone calls matter. He would never have gone out of his way to talk to the House Speaker if he hadn't heard from a lot of people in the last few days about 4403. Keep up the good work. Bill __._,_.___ Reply to sender | Reply to group RECENT ACTIVITY: New Members 1 Visit Your Group Start a New Topic Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use . __,_._,___

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Fwd: [WVaPATH] A little more info on HB4403
by James Kotcon 16 Feb '10

16 Feb '10

HB 4403 is our PSC Reform Act. It would require written notification of landowners along proposed transmission line routes, and consideration of indirect impacts, pretty much all the problems we found wrong with TrAIL. The attached e-mail says it all. Now is the time to get calls to the House Energy, Industry and Labor Committee members. Please call a few members who you have not talked to before. Jim Kotcon

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Fwd: ATTEND: coal activist call Wedn, Feb 17, 7 PM CT/ 8 ET
by Paul Wilson 15 Feb '10

15 Feb '10

fyi, paul, incase you are not on this listserve.... ---------- Forwarded message ---------- From: Verena Owen <verena_owen(a)prodigy.net> Date: Mon, Feb 15, 2010 at 10:36 AM Subject: ATTEND: coal activist call Wedn, Feb 17, 7 PM CT/ 8 ET To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org Friends, I hope you can join us for our next coal activist call on WEDNESDAY February 17 at 7PM CT/ 8ET. We will use our regular call-in number 1.866.501.6174 224.0743# Draft Agenda: 1. Introductions and social five minutes 2. Updates on old coal, new coal, destructive mining, and dirty fuels 3. Kurt Zwally, our MTR legislative staffer in DC, will talk about his work and upcoming events 4. Mini-workshop on the coal small grants program, SEE attached application 5. Roundup of what is happening in the states - please bring your stories, questions, concerns I am looking forward to talking to y'all! Verena Verena Owen Volunteer Co-Lead Beyond Coal Campaign verena.owen(a)sierraclub.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Governor's ash op-ed
by James Kotcon 14 Feb '10

14 Feb '10

Below is an op-ed released by the Governor's office, and posted on his web site at: http://www.wvgov.org/sec.aspx?id=32&articleid=1943 Ken Ward noted this on his Coal Tattoo blog: http://blogs.wvgazette.com/coaltattoo/2010/02/12/manchin-to-epa-leave-our-c… I am concerned that the Governor is misinformed (perhaps being deliberately misleading or misled) and that we need to prepare a substantial response. What the Governor calls "years of proven beneficial uses" is in reality, years of turning a blind eye to the hazards. There are very few comprehensive monitoring data available, and both EPA and the National Academies of Sciences have had to generate new data to write their reports of the actual risks, in large part because no one was previously required to monitor for the hazards in their ash. Even worse is the "green-washing" of calling land application "recycling". If I take my waste and dump it on the ground, it is called littering, or worse. If I dump it by the truckload, it may be a felony. But if a coal company does it, the Governor calls it "recycling". Is this what you think of when you hear the word "recycling". Is it time to call for a moratorium on new Coal Combustion By-product permits, at least for those permits claiming a "beneficial use"? How about an op-ed response? Or a letter to EPA and OMB? JBK >>>>> OP-ED: COAL ASH A BENEFICIAL RESOURCE IF SAFETY CONCERNS ARE PUT FIRST By: West Virginia Governor Joe Manchin, Chairman of the Southern States Energy Board Contact: Matt Turner, 304-558-3702 The U.S. Environmental Protection Agency is expected to propose new federal rules that would designate coal ash — a byproduct of using coal to generate electricity — as a “hazardous” waste. Such a decision would cause significant economic and environmental damage and I implore the EPA to evaluate the facts about coal ash recycling before making a decision. Coal fly ash has received a lot of attention following the December 2008 failure of a fly ash slurry impoundment in Tennessee. The safety of our citizens always takes first priority and every state should closely examine their fly ash impoundments, as our Department of Environmental Protection has done in West Virginia in the last year. But we must also separate the issues of the safety and benefits of the material and the faulty design and construction of the dam, which caused that horrible environmental tragedy in Tennessee. Jumping to classify coal ash as hazardous waste would neglect many dozens of years of proven beneficial uses of this byproduct. Hastily raising its status to “hazardous” could actually cause more environmental harm and place undue financial burden on countless thousands of Americans. According to EPA’s own figures, about 45 percent of all the coal ash generated by electric utilities in the country today is reused or recycled. Coal ash recycling is a multi-billion dollar industry that provides thousands of truly green jobs across our country. This reduces landfills and these beneficial products diminish acid mine drainage – a problem in many parts of the country. The EPA proposal would shut down the many U.S. businesses that recycle coal ash and similar materials into dozens of different products we use every day — from concrete to gypsum wall boards to roof shingles. According to the Electric Power Research Institute, designating coal ash as hazardous material would shut down 411 coal-based electric generating units in the Midwest and Southeast, costing some regions as much as 14 percent of their generating capacity. Industry figures show that in 2007, the cement and concrete industry used more than 14 million tons of coal ash. And, every year, thousands of concrete construction projects use coal combustion byproducts. For example, following the 2007 collapse of the Interstate 35W bridge in Minneapolis, the replacement span was built with high-performance concrete that uses coal ash. In West Virginia, coal ash was used to build the world-famous New River Gorge Bridge and the West Virginia Culture Center. The California Department of Transportation requires that concrete used in its construction projects contain at least 25 percent coal ash. This past year, the gypsum wallboard industry relied on more than 8 million tons of a material recycled from fly ash, called flue-gas desulfurization gypsum. In 2007, more than 56 million tons of ash were recycled for beneficial uses. The safety of fly ash was evaluated in 2000 by the Clinton administration, which determined after an exhaustive analysis that coal ash should not be designated as a “hazardous” waste. In fact, in the 10 years since that decision, the EPA has calculated that ash recycling by the cement and concrete industry alone has reduced carbon emissions by a staggering 117 million tons. For comparison, all the SUVs on our country’s roads emit about 70 million tons of carbon each year, according to the environmental group, Environmental Defense. This view is not uncommon. Every key federal agency that has weighed in on the issue — the departments of Energy, Interior, Agriculture and Transportation, the Small Business Administration, and the Army Corps of Engineers -- opposes regulating coal ash as hazardous waste. In addition, dozens of state policymakers, including groups like the National Governors Association and the Environmental Council of the States, along with numerous state environmental protection agencies, also oppose the designation of coal ash as hazardous waste. More than three dozen industry groups and individual companies — those whose businesses rely on coal combustion products — have made it clear that hazardous waste regulation is unnecessary and would have a devastating impact on the recycling of coal ash. Coal fly ash has many beneficial uses and deeming it a “hazardous waste” could have devastating consequences on industries that use this product, and on the families who rely on the jobs related to coal combustion products. In addition, the elimination of the recycling of fly ash because of such a designation would cause a significant negative environmental impact and actually could increase the carbon released to the atmosphere. For the sake of our environment, our economy, and our citizens who rely on the products and jobs from coal fly ash recycling, let’s hope the EPA and federal government consider these facts and make the right decision. Designating this material as hazardous is wrong. # # #

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Fwd: [wvec-board] Fwd: polluter harmony.com video
by James Kotcon 13 Feb '10

13 Feb '10

The attached link goes to a video that helps highlight Sen. Lisa Murkowski's efforts on behalf of the Clean Air Act. Enjoy & Happy Valentines. JBK

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Obama backs nuke loan guarantees
by Jim Sconyers 13 Feb '10

13 Feb '10

http://wvgazette.com/ap/ApTopStories/201002130095 Obama backs construction loans for nukes. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Fwd: [WVaPATH] HB 4403 needs to be pushed hard
by James Kotcon 12 Feb '10

12 Feb '10

Jim, et al.: The time is now. Our PSC Reform Act to correct transmission line siting abuses (HB 4403) was introduced this week and is in the Energy, Industry and Labor Committee. We need to get phone calls, e-mails, and letters to the Committee members, and especially the Chair to encourage them to take up and pass the bill. Contact info for House members is at: http://www.legis.state.wv.us/House/members/delmemview1.cfm Or you can leave a message toll-free at 1-877-565-3447. Start those calls today! JBK Committee Members Delegate Barker - Chair Energy, Industry and Labor Delegate Shaver - Vice-Chair Energy, Industry and Labor Delegate Kominar - Chair Economic Development and Small Business Delegate Craig - Vice-Chair Economic Development and Small Business Delegate Sobonya - Minority Chair Energy, Industry and Labor Delegate Miller, C. - Minority Vice-Chair Energy, Industry and Labor Delegate Blair - Minority Chair Economic Development and Small Business Delegate Andes - Minority Vice-Chair Economic Development and Small Business Delegate Brown Delegate Butcher Delegate Caputo Delegate Fleischauer Delegate Guthrie Delegate Klempa Delegate Mahan Delegate Manypenny Delegate Marshall Delegate Martin Delegate Paxton Delegate Skaff Delegate Walker Delegate Hamilton Delegate McGeehan Delegate Schoen Delegate Shott >>> "John Christensen" <jbc329(a)earthlink.net> 2/12/2010 8:26 AM >>> HB 4403 is the transmission line siting bill on the house side requiring notice to be sent to landowners et al....we must get it out of EIL this week coming in order to move it through the house. Lets light up the phone, email, and snail mail lines to get it on the agenda in that committee. Barker is the chair. John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org __._,_.___ Reply to sender | Reply to group Recent Activity: Visit Your Group Start a New Topic MARKETPLACE Going Green: Your Yahoo! Groups resource for green living Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Fwd: [wvec-board] Wind Turbine Indiana Bat mortality
by James Kotcon 11 Feb '10

11 Feb '10

FYI. JBK >>> Dave Cowan <dcowan(a)frontiernet.net> 2/11/2010 6:11 PM >>> FYI, the first confirmed kill of an Indiana Bat by a wind turbine. http://www.fws.gov/midwest/News/release.cfm?rid=177 Dave Cowan __._,_.___ Reply to sender | Reply to group Messages in this topic (2) Recent Activity: Visit Your Group Start a New Topic MARKETPLACE Going Green: Your Yahoo! Groups resource for green living Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Re: [EC] WV Net Metering Summary
by John Christensen 07 Feb '10

07 Feb '10

This is something I found this am concerning net metering programs and how WV ranks near the bottom as is...we got an F as usual, where as Va. got a C. John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: John Balasko To: jbc329@earthlink.net;fyoung@mountain.net;jkotcon@wvu.edu;billhowley@hughes.net;ec@osenergy.org;mjmb@westco.net;Larry;WVBiker98@aol.com Sent: 2/6/2010 11:39:44 PM Subject: WV Net Metering Summary The attachment contains a summary of WV's net metering "rules" as they now stand. I've copied from the site in case you are not able to open the attachment. http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=WV03R&re=1&… West Virginia - Net Metering Last DSIRE Review: 07/02/2009 Program Overview: State:West Virginia Incentive Type:Net Metering Eligible Renewable/Other Technologies:Photovoltaics, Landfill Gas, Wind, Biomass, Hydroelectric, Fuel Cells, Small Hydroelectric Applicable Sectors:Commercial, Residential Applicable Utilities:All utilities System Capacity Limit:25 kW Aggregate Capacity Limit:0.1% of utility's total load participation (utility tariff provision) Net Excess Generation:Credited to customer's next bill at retail rate REC Ownership:Not addressed Meter Aggregation:Not addressed Authority 1: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 12/12/2006 Authority 2: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 1/26/2007 Authority 3: HB 103 Date Enacted: 06/02/2009 Date Effective: 07/01/2009

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Re: [EC] [WVaPATH] Re: WV Net Metering rules vs. "Alternative" energy
by John Christensen 07 Feb '10

07 Feb '10

The net metering bill is officially in the hopper today at 3pm, should come out with a number next week if all goes well. Will advise. Anybody planning on coming down for E-Day on the 24th? John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org > [Original Message] > From: Frank Young <fyoung(a)mountain.net> > To: <jbc329(a)earthlink.net>; Art and Pam Dodds <pamelart(a)hughes.net>; James Kotcon <James.Kotcon(a)mail.wvu.edu>; Bill Howley <billhowley(a)hughes.net>; <ec(a)osenergy.org>; John balasko <mjmb(a)westco.net>; Larry <LMWatBullRun(a)yahoo.com> > Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > Date: 2/4/2010 5:58:11 PM > Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" energy > > John, 2000 KW (2 megawatts) is the generating capacity of only one single > wind turbine in the typical "wind farms" of today. > > > ----- Original Message ----- > From: "John Christensen" <jbc329(a)earthlink.net> > To: "Art and Pam Dodds" <pamelart(a)hughes.net>; "Frank Young" > <fyoung(a)mountain.net>; "James Kotcon" <James.Kotcon(a)mail.wvu.edu>; "Bill > Howley" <billhowley(a)hughes.net>; <ec(a)osenergy.org>; "John balasko" > <mjmb(a)westco.net>; "Larry" <LMWatBullRun(a)yahoo.com> > Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > Sent: Thursday, February 04, 2010 5:52 PM > Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > energy > > > > Art and Pam, there is nothing in the bill that promotes large wind farms > > to > > my knowledge. How many KW would those type generators produce? The max > > in > > this bill would be 2000 KW total for industrial applications. > > > > John Christensen > > WV Environmental Council > > Lobby Team Member > > 410-499-4873 cell > > www.wvecouncil.org > > > > > >> [Original Message] > >> From: Art and Pam Dodds <pamelart(a)hughes.net> > >> To: <jbc329(a)earthlink.net>; Frank Young <fyoung(a)mountain.net>; James > > Kotcon <James.Kotcon(a)mail.wvu.edu>; Bill Howley <billhowley(a)hughes.net>; > > <ec(a)osenergy.org>; John balasko <mjmb(a)westco.net>; Larry > > <LMWatBullRun(a)yahoo.com> > >> Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > >> Date: 2/4/2010 10:42:59 AM > >> Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > > energy > >> > >> Greetings: > >> > >> The use of solar and wind, which are volatile sources, requires more coal > > to > >> be burned than if they were not in the system at all. This makes the > > waste > >> products such as tires, bio-fuel, methane from coal beds, and trash, more > >> reliable and will reduce the amount of coal used instead of increasing > > the > >> amount of coal used. > >> > >> Residential solar panels and residential small windmills provide energy > > that > >> can be stored in batteries and used when needed, without negative impacts > > to > >> the grid or to the environment. Residential renewables save coal and > > money > >> to the person at the residence by storage of energy in batteries and by > > net > >> metering. HOWEVER, industrial-scale wind turbines require electricity > > from > >> the grid in order to operate properly, require coal-fired plants to > > operate > >> at all times for the required reliable back-up, and require that the > >> coal-fired boilers ramp up and down to keep pace with the volatile wind > >> source. It is important to remember that the generating capacity of the > >> coal-fired or nuclear plants must be maintained at the projected load, > >> regardless of what other volatile sources of energy, such as wind and > > solar, > >> are in the system. > >> > >> Additionally, construction of industrial-scale wind turbines on our > > mountain > >> ridges requires thousands of acres of deforestation, results in habitat > >> fragmentation, causes negative impacts to our water resources due to > >> increased stormwater runoff and decreased groundwater recharge, and > >> slaughters bats and birds (for example, it is estimated that 3,000 bats > > are > >> killed annually at Backbone Mountain alone). The cumulative negative > >> impacts to our water resources by deforestation for transmission lines > > and > >> industrial-scale wind turbines, in addition to the horrid mountain-top > >> removal operations, will create water resource problems that will > > ultimately > >> be irreversible. We strongly advise that you NOT add wording that > > promotes > >> construction of industrial-scale wind turbines. Incentives for SMALL, > >> RESIDENTIAL windmills would help tremendously to reduce the need for > >> electricity from the grid. > >> > >> Pam and Art Dodds > >> > >> ----- Original Message ----- > >> From: "Larry" <LMWatBullRun(a)yahoo.com> > >> To: <jbc329(a)earthlink.net>; "Frank Young" <fyoung(a)mountain.net>; "James > >> Kotcon" <James.Kotcon(a)mail.wvu.edu>; "Bill Howley" > > <billhowley(a)hughes.net>; > >> <ec(a)osenergy.org>; "John balasko" <mjmb(a)westco.net> > >> Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > >> Sent: Thursday, February 04, 2010 6:02 AM > >> Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > >> energy > >> > >> > >> I think that this is an improvement. There are two issues- reducing the > >> need for new plants, and reducing the environmental impact. Does this > > bill > >> address the 1% cap issue? There is no technical reason not to permit a > >> greater percentage than 1%, especially for relatively reliable sources > > such > >> as waste to energy boilers. > >> > >> We might also suggest some way for preferred sources (like those with > > less > >> impact (solar, wind) or those most reliable (WVO diesel, etc)) to > > supersede > >> more traditional sources, too. I can craft some language for that if > >> desired. > >> ----- Original Message ----- > >> From: John Christensen > >> To: Frank Young ; James Kotcon ; Bill Howley ; ec(a)osenergy.org ; John > >> balasko > >> Cc: dsgjr(a)aol.com ; wvapath(a)yahoogroups.com > >> Sent: Wednesday, February 03, 2010 9:07 PM > >> Subject: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > > energy > >> > >> > >> the new rules we are proposing in Manypenny's bill tba....please advice > > as > >> to any problems > >> > >> John Christensen > >> WV Environmental Council > >> Lobby Team Member > >> 410-499-4873 cell > >> www.wvecouncil.org > >> > >> > >> ----- Original Message ----- > >> From: Frank Young > >> To: James Kotcon;Bill Howley;ec(a)osenergy.org;John Balasko > >> Cc: dsgjr(a)aol.com; wvapath(a)yahoogroups.com; jbc329(a)earthlink.net > >> Sent: 2/3/2010 8:00:11 PM > >> Subject: Re: [EC] WV Net Metering rules vs. "Alternative" energy > >> > >> > >> But Jim, the net metering rules of 2006 or 2007, promulgated as part > > of > >> the PSC's tariff making authority, apply only to generators up to 25 > >> Kilowatt (KW) capacity. Anything beyond 25 KW- which an industrial > > facility > >> using a waste coal or natural gas generator would be, would fall under > > the > >> federal Public Utility Regulatory Policies Act of 1978 (PURPA)- which > >> requires utilities to buy power from qualified facility generators at > >> "avoided cost". So the various line capacities and previous year > > aggregate > >> loads do not apply to anything beyond 25 KW anyway. > >> > >> Frank > >> > >> ----- Original Message ----- > >> From: James Kotcon > >> To: Bill Howley ; ec(a)osenergy.org ; John Balasko > >> Cc: dsgjr(a)aol.com ; wvapath(a)yahoogroups.com ; jbc329(a)earthlink.net > >> Sent: Wednesday, February 03, 2010 11:04 AM > >> Subject: Re: [EC] WV Net Metering rules vs. "Alternative" energy > >> > >> > >> The original net-metering rules, established around 2007, only > > applied > >> to large utilities, and exempted the small municipal systems and rural > > coops > >> in the state. This new rule would apply to all sellers of electricity, > >> including those smaller systems with <30,000 customers. > >> > >> The new net-metering rules were mandated in the Alternative and > >> Renewable Energy Portfolio Act of 2009, pushed by Gov. Manchin. The > > biggest > >> concern I have is that it extends the net-metering to non-renewable > > sources > >> including various coal, tire-derived-fuels, natural gas, waste coal, and > >> coal-bed methane. Furthermore, it retains the limit of 1 % of the > > utilities > >> aggregate load, and no more than 15 % on any one 3-phase line or 5 % on a > >> single-phase line. I think that means that an industrial facility using > > a > >> waste coal or natural gas generator could preclude net-metering to > >> residences using wind or solar. The more I think about this, the more it > >> seems like a REALLY BIG PROBLEM. > >> > >> While the Governor's bill established the portfolio standard, it is > >> not clear that it was meant to apply to the net-metering program. > >> > >> JBK > >> > >> >>> "John Balasko" <mjmb(a)westco.net> 2/3/2010 10:49 AM >>> > >> > >> > >> This may be the original "net metering order" filed by the > >> Commissioners for all electric utilities. Why don't the currently > > proposed > >> rules apply to all electric utilities and not just those with less than > >> 30,000 customers, and what are the significant differences? In response > > to > >> the case 06-0708-E-GI, several smaller utilities filed net metering > > tariffs > >> with the Commission. Mr. Rodecker filed for the Philipi utility. I'm > > new > >> to this area, but I was told by a friend who has solar panels that excess > >> generation produced by the customer was not paid for by the utility. The > >> currently proposed rules provide for a true-up at the end of each > > reporting > >> period. I'll have to do some more reading. > >> > >> John > >> > >> > >> 06-0708-E-GI 01/26/2007 Order View Document > >> General investigation into net metering, smart metering and > >> interconnection standards set forth in the Federal Energy Policy Act of > > 2005 > >> Commission Final Order that all electric utilities > > providing > >> service are directed to file the net metering tariff on or before > > 2/15/2007; > >> that each electric utility shall inform its customers of the net metering > >> tariff and contact information for those customers interested; that each > >> utility shall file affidavit evidencing notice on or before 4/10/2007; > > etc. > >> Case Final. Removing from open docket. > >> > >> > >> > >> From: Bill Howley > >> Sent: Wednesday, February 03, 2010 9:49 AM > >> To: John Balasko > >> Cc: owner(a)goetc.com ; WVBiker98(a)aol.com ; WVaPATH(a)yahoogroups.com > >> Subject: Re: [WVaPATH] WV Net Metering????? > >> > >> > >> The rules for larger power companies may already be in place. I > > know > >> of quite a few people who have been doing net metering with Allegheny and > >> Appalachian Power for a couple of years now. The rules you note only > > apply > >> to smaller utilities that do not have net metering programs in place. > >> Allegheny has been doing net metering in MD for ten years. They already > >> have programs set up. This rule is specifically for smaller WV > > companies, > >> because they have never had to do net metering before. > >> > >> Del. Mike Manypenny from Taylor County has introduced a bill in the > >> current legislative session that would dramatically expand WV's net > > metering > >> program. Right now, net metering is set up so that any credits you run > > by > >> producing more power than you use disappear in a relatively short time. > >> Manypenny's new bill (I'll get you a bill number soon) allows businesses, > >> homeowners and farmers to become net producers of electricity by > > requiring > >> power companies to actually purchase power from you up to certain limits. > > I > >> believe Manypenny's bill requires power companies to buy power up to 3 > >> megawatt hours per year from businesses and 1 megawatt hour per year from > >> farmers. > >> > >> John Balasko wrote: > >> > >> > >> Thom, Kathy, Donna, Bill, WVPATH > >> > >> I thought you all might enjoy the continuation of this joke that > > we > >> have gotten ourselves into. > >> > >> Is this something that requires lobbying action? > >> > >> > > http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityID > > =288733&NotType='WebDocket' > >> > >> GO 258 02/02/2010 Order View Document > >> General Order No. 258 > >> Commission Procedural Order that the Rules Governing > >> Electric Utility Net-Metering Arrangements and Interconnections are > >> promulgated as Commission proposed legislative rules; directing the > >> Executive Secretary to publish a copy of the Notice of Rulemaking in > >> Charleston; directing the Executive Secretary to serve a copy of the > > Notice > >> by electronic mail or by First Class Mail upon all electric utilities > >> operating in WV; directing the Executive Secretary to file a copy of the > >> Rules with the Office of the Secretary of State; establishing a comment > >> period; Initial Comments may be filed on or before 4/4/2010; Reply > > Comments > >> may be filed until 5/5/2010; etc. > >> > >> > >> The way I read the proposed rules Allegheny Power and Appalachian > >> Power would be exempt from net metering because they serve more than > > 30,000 > >> customers. > >> > >> Here is a list of the other generators affected: > >> > >> Black Diamond Power, Elk Power, Union Power, City of New > >> Martinsville, City of Philippi, Craig-Botetourt Electric Coop; Harrison > >> Rural Electrification, Shenandoah Valley Electric > >> > >> > >> Also, "The total rated generating capacity of all customers > >> served > >> under this tariff shall be limited to one percent (1%) of the > >> Company single hour peak load > >> > >> during the previous year. > >> > >> > >> Do you think the legislature will approve the proposed rules????? > >> The whole state and everything in it is controlled by COAL. > >> > >> Why do we allow our metallurgical coal to be shipped to China, > >> India, and Eastern Europe by Consol, Massey, and others. If these > > companies > >> and our "leaders" were so concerned about "national security," the > > shipments > >> would be stopped. > >> > >> John > >> > >> > >> > >> > >> -------------------------------------------------------------------------- > >> > >> > >> _______________________________________________ > >> EC mailing list > >> EC(a)osenergy.org > >> http://osenergy.org/mailman/listinfo/ec > >> > > > > > > >

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New Poll - Americans support clean energy, including cap-and-trade.
by Jim Sconyers 07 Feb '10

07 Feb '10

http://cleantechnica.com/2010/02/06/yet-another-poll-from-yale-shows-wide-s… New Poll - Americans support clean energy, including cap-and-trade. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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WV Net Metering Summary
by John Balasko 06 Feb '10

06 Feb '10

The attachment contains a summary of WV's net metering "rules" as they now stand. I've copied from the site in case you are not able to open the attachment. http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=WV03R&re=1&… West Virginia - Net Metering -------------------------------------------------------------------------------- Last DSIRE Review: 07/02/2009 Program Overview: State: West Virginia Incentive Type: Net Metering Eligible Renewable/Other Technologies: Photovoltaics, Landfill Gas, Wind, Biomass, Hydroelectric, Fuel Cells, Small Hydroelectric Applicable Sectors: Commercial, Residential Applicable Utilities: All utilities System Capacity Limit: 25 kW Aggregate Capacity Limit: 0.1% of utility's total load participation (utility tariff provision) Net Excess Generation: Credited to customer's next bill at retail rate REC Ownership: Not addressed Meter Aggregation: Not addressed Authority 1: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 12/12/2006 Authority 2: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 1/26/2007 Authority 3: HB 103 Date Enacted: 06/02/2009 Date Effective: 07/01/2009

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EC February 2010