EC March 2010

ec@lists.wvsierraclub.org

12 participants
36 discussions

Fw: MTR and Avatar
by Jim Sconyers 04 Mar '10

04 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Thu, 3/4/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: MTR and Avatar To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com>, "Axel C Ringe" <onyxfarm(a)bellsouth.net>, "Gary Bowers" <gb1nature(a)aol.com>, "Gloria Griffith" <gla4797(a)embarqmail.com>, "Katherine Pendleton" <Katibug1959(a)aol.com>, "Mary Mastin" <marymastin(a)twlakes.net> Date: Thursday, March 4, 2010, 12:31 PM A new Sierra Club ad: 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.

1 0

Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS
by Frank Young 04 Mar '10

04 Mar '10

Friends, I learned only today that in early February the WV Public Service Commission opened a new proceeding related to the adoption of proposed new rules for Net Metering and Interconnection for Distributed Generation. This is a very important matter for those of us who are interested in "net metering" issues in West Virginia. I have not yet read the Commission's proposed new rules. The order which includes the proposed new rules is available at: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Procedurally, almost nothing has happened on this case since it was opened a month ago. No public comments have been submitted- not even from the power companies. Public comments will be accepted until April 4th. Then, reply comments will be accepted until May 5th. Comments submitted must include reference to Case Number GO258. When the Commission first developed Net Metering rules in 2006, the PSC's staff went to great effort to bring the various interveners together to a "compromise" set of rules- and which the Commission adopted without change. I believe that could well happen again- IF the parties are amenable to this process. So far this is not a proceeding involving formal "interveners". It is a "public comment" type case in which the Commission would presumably weigh the public comments before issuing a final set of rules in this matter. But if there are sufficient requests, the Commission could (but would not have to) re-group and have a more formal proceeding with actual intervening parties. This might or might not be in the best interest of our respective interests in this case / proceeding. One advantage to this NOT being a case with formal interveners is that groups like WV Environmental Council and WV Citizen Action would need not have an attorney to participate as they would if this became a more formal case with legally recognized interveners. Anyway, I wanted to let you know what is happening on this, and we can go from here. I realize that several of you who may be interested in this are currently busy with legislative work. But that should be mostly over by mid-March. Too, since this proceeding was instituted in the midst of the regular legislative session, I suspect that the Commission might honor requests to extend the public comment period. But until we have read the proposed new Net Metering rules, it is probably premature to request the Commission to change the procedural schedule for this matter. Frank ----- Original Message ----- From: Ellars, Jim To: 'fyoung(a)mountain.net' Sent: Thursday, March 04, 2010 8:57 AM Subject: Net Metering and Interconnection for Distributed Generation Mr. Young, I am contacting you because I know you were an intervener in the Commission's last case in 2006 regarding net metering and interconnection rules. In case you didn't know, the Commission initiated a proceeding on 2/2/10 (General Order 258) which is a rulemaking proceeding which includes net metering and interconnection issues. The Commission published proposed rules in its Order, and comments to those rules are due to be filed no later than 4/4/10. I know there are many folks in WV who are very interested in the state's rules regarding net metering and interconnection, so if you know of any parties who may want to file comments and/or participate in this proceeding please pass the word. We have about a month left before comments are due. I would be happy to discuss this with you if you have any questions. Feel free to call me at the number below. Jim James W. Ellars, P.E. Senior Engineer Public Service Commission of West Virginia 304-340-0331 jellars(a)psc.state.wv.us

1 0

Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS
by Frank Young 04 Mar '10

04 Mar '10

I learned only today that in early February the WV Public Service Commission opened a new proceeding related to the adoption of proposed new rules for Net Metering and Interconnection for Distributed Generation. This is a very important matter for those of US who are interested in "net metering" issues in West Virginia. I have not yet read the Commission's proposed new rules. The order which includes the proposed new rules is available at: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Procedurally, almost nothing has happened on this case since it was opened a month ago. No public comments have been submitted- not even from the power companies. Public comments will be accepted until April 4th. Then, reply comments will be accepted until May 5th. When the Commission first developed Net Metering rules in 2006, the PSC's staff went to great effort to bring the various interveners together to a "compromise" set of rules- and which the Commission adopted without change. I believe that could well happen again- IF the parties are amenable to this process. So far this is not a proceeding involving formal "interveners". It is a "public comment" type case in which the Commission would presumably weigh the public comments before issuing a final set of rules in this matter. But if there are sufficient requests, the Commission could (but would not have to) re-group and have a more formal proceeding with actual intervening parties. This might or might not be in the best interest of our respective interests in this case / proceeding. One advantage to this NOT being a case with formal interveners is that groups like WV Environmental Council and WV Citizen Action would need not have an attorney to participate as they would if this became a more formal case with legally recognized interveners. Anyway, I wanted to let you know what is happening on this, and we can go from here. I realize that several of you who may be interested in this are currently busy with legislative work. But that should be mostly over by mid-March. Too, since this proceeding was instituted in the midst of the regular legislative session, I suspect that the Commission might honor requests to extend the public comment period. But until we have read the proposed new Net Metering rules, it is probably premature to request the Commission to change the procedural schedule for this matter. Frank ----- Original Message ----- From: Ellars, Jim To: 'fyoung(a)mountain.net' Sent: Thursday, March 04, 2010 8:57 AM Subject: Net Metering and Interconnection for Distributed Generation Mr. Young, I am contacting you because I know you were an intervener in the Commission's last case in 2006 regarding net metering and interconnection rules. In case you didn't know, the Commission initiated a proceeding on 2/2/10 (General Order 258) which is a rulemaking proceeding which includes net metering and interconnection issues. The Commission published proposed rules in its Order, and comments to those rules are due to be filed no later than 4/4/10. I know there are many folks in WV who are very interested in the state's rules regarding net metering and interconnection, so if you know of any parties who may want to file comments and/or participate in this proceeding please pass the word. We have about a month left before comments are due. I would be happy to discuss this with you if you have any questions. Feel free to call me at the number below. Jim James W. Ellars, P.E. Senior Engineer Public Service Commission of West Virginia 304-340-0331 jellars(a)psc.state.wv.us

1 0

Fw: [fom] WVDEP says EPA lies
by Frank Young 04 Mar '10

04 Mar '10

Anywhere else this would be amazingly unbelievable- that the Director of the state's primary environmental protection agency does not realize that water quality is affected by virtually everything that happens on and under the natural surfaces of the land- whether MTR mining, oil and gas well drilling, road construction, or other industrial activities. DEP Director Randy Huffman must have gotten his environmental degree through a Sears catalog, April fool's day edition. Frank ----- Original Message ----- From: Vernon Haltom To: FOM, List Sent: Thursday, March 04, 2010 10:43 AM Subject: [fom] WVDEP says EPA lies Of course the WV DEP is left out. They're completely useless at best, corrupt at worst. http://www.register-herald.com/todaysfrontpage/x1765871159/DEP-secretary-te… March 3, 2010 DEP secretary tells senators EPA is ignoring state By Mannix Porterfield Register-Herald Reporter CHARLESTON — West Virginia’s environmental troubleshooter says the U.S. Environmental Protection Agency is using the Clean Water Act to go after coal production and other industrial works. Environmental Protection Secretary Randy Huffman complained Wednesday that the EPA has moved the debate from mountaintop removal to clean water, a tactic that could affect all resource industries. “This debate is not any longer about mountaintop mining,” he told the Senate Energy, Industry and Mining Committee. “It’s about water quality. It does relate to surface mining, but it relates to underground mining, other types of mining and other types of industrial activity. The driver is water quality and it affects everything we do.” Huffman pointed out the EPA’s letter opposing the Buffalo Mining plan — one that affects the King Coal Highway — was sent on President Obama’s inauguration day of Jan. 20 of last year. Huffman said an EPA leader “told me with a straight face the timing was purely coincidental.” “I did not believe him,” he said, emphasizing the key role the mining permit plays as a connector between King Coal and Corridor G. “Losing that piece would be a significant loss to the state,” Huffman said. The letter detailed issues that had never been raised to the DEP, the secretary said. “But all of a sudden, it became a crisis as of Jan. 20, 2009,” he said. A year ago, mountaintop mining was the target, but that debate has since disappeared, he said. Rather, the focus is now on clean water, and in all the discussions that ensued, Huffman said, the DEP has been left out of the loop. “When they talked to us, they still have not asked for our opinion on how this water quality definition is to be formulated,” he said. “That’s troubling, but not surprising.” Consequently, he said, the “sudden change of direction” at the federal level has stalled a number of mining applications. While the state is being ignored in the process, Huffman said, legislators and others need to keep in mind that 80 percent of the permitting for every lump of coal is performed at the state level. What’s more, he said, even the U.S. Army Corps of Engineers is being omitted from the process. Huffman pointed to the Spruce Knob permit approved in January 2007 as “the most scrutinized surface mining permit in Appalachian history.” Two years after the permit was approved, the EPA raised objections and has intentions of quashing it, he said. “In the 40-year history of the Clean Water Act, the EPA has only vetoed a dozen 404 (valley fill) permits nationwide,” Huffman said. “We have dozens of permits that are hanging under the threat of veto right now if significant changes are not made by the companies.” In four to six weeks, Huffman said he hopes the DEP can produce a narrative standard to comply with the federal law. “Our biggest mistake we have made and it’s the hook EPA has in our back as a state is we do not have a protocol for enforcing the narrative water quality standard,” he said. “We’re going to do that. I know enough about what the problem is, what the real impacts are.”— E-mail: mannix(a)register-herald.com -- Vernon Haltom Co-Director, Coal River Mountain Watch 304-854-2182 www.crmw.net For a Clean, Just, and Sustainable Appalachia

1 0

Fwd: USEPA Region 4 letter to GAEPD on supporting yardwaste bans
by James Kotcon 04 Mar '10

04 Mar '10

To: Energy Committee: I am circulating this in the hopes you will all be better informed and able to refute the landfill methane arguments. West Virginia has a "ban" on yard waste in landfills, but it is so littered with exemptions, extensions, and loopholes that there is no practical limit. Nevertheless, efforts by some garbage haulers to repeal similar bans are making their way around the various states. Haulers argue that the yard waste could turn the landfill into an energy source via methane. The attached EPA letter debunks that myth. As you may recall, the Club adopted policy changes last year to oppose landfill methane due to the high potential for methane leakage to the atmosphere. Landfills managed for methane production are kept in a wet anaerobic state to maximize methane production, rather than capped and sealed as a "dry cell". Thus, managing landfills for methane production actually can increase the atmospheric emissions of methane. JBK P.S. This letter suggests that 60-90 % of methane is captured from landfills, but the data from the Club policy statement suggests that as much as 80 % of the methane escapes into the atmosphere. Who is correct? >>> Mark Woodall markwoodall(a)windstream.net> 3/4/2010 8:54 AM >> ( mailto:markwoodall@windstream.net> ) Fredsters: As some of you probably know, the greedy scum garbage companies are working hard around the country to repeal the 23 state bans on putting yard trimmings in lined landfills. Yard trimmings in Georgia amount to some 1.5 million tons a year which is close to 25% of the waste stream by weight and 40% by volume. Repeal is being pushing by the garbage giants in Georgia, Florida, North Carolina, Michigan, and Iowa that I am aware of. In 2006, the garbage thugs said we needed repeal due to high gas prices. They have a new lie now: repeal is good for the environment as the waste added will make methane gas for green energy. As one of the industries getting the energy said, that's the stupidest thing we ever heard. Region 4 of the EPA has written a letter to refute the green scam of the repeal. Please find the letter attached. I also have a similar letter from Region 5 in Chicago. The new Sierra Club policy concerning landfill gas to energy may be helpful as well. Somone in Michigan wrote an article on the numbers of more waste and how little methane is produced years later. I can forward to anyone interested in that. In Georgia, we call HB 1059, the repeal bill, the more landfills and out of state waste for Georgia bill. More effective may be the job killer label as1059 will wipe out all the small business guys doing the grinding, composting, mulching, etc. Thanks, Mark Woodall markwoodall(a)windstream.net Sent: Tuesday, March 02, 2010 3:27 PM To: undisclosed-recipients Subject: USEPA Region 4 letter to GAEPD on supporting yardwaste bans Dear State Colleagues -- Attached is a letter that Alan Farmer, USEPA Region 4 RCRA Director, signed out last week in support of a request from Allen Barnes, GAEPD Director -- the letter provides an overview of EPA's policy as it relates to recycling over disposal for energy recovery and the Region's support for continuation of state yard waste bans. As this was sent out yesterday knowing is quickly making its way through the various networks and advocacy groups in the region, I wanted to make sure you had it in case the issue or questions arise that require your attention. I know this is also an issue in the Florida legislative session this year so I suspect there are interested parties that will likely contact FDEP for a similar response. It is a positive step overall -- is similar in many ways to an earlier letter from USEPA Region 5 (Chicago) to the State of Michigan. Please call me if you have any questions. Jay (See attached file: Ga Yardwaste Ban support Ltr -- farmer.PDF) Jay V. Bassett Chief, Materials Management USEPA Region 4 404.562.8559 (w) 404.754.8906 (m) bassett.jay(a)epa.gov ---------------------------------------------------------------------- To get off this list, send email to: LISTSERV(a)LISTS.SIERRACLUB.ORG Make the message text (not the Subject): SIGNOFF CONS-FRED

1 0

FW: UPDATE: SB 614 out of Committee but gutted of land owner protection
by Grubb, Karen 03 Mar '10

03 Mar '10

Is this the same as HB 4403? Did it ever get brought up in the House Judiciary? From: Tina Rappaport [mailto:tinazipp@gmail.com] Sent: Wednesday, March 03, 2010 1:54 PM Subject: Re: UPDATE: SB 614 out of Committee but gutted of land owner protection On Tue, Mar 2, 2010 at 11:10 AM, Haverty Family <haverty6(a)frontiernet.net> wrote: Bill's latest blog post below sums up where we are with SB 614 and now we know where Kessler stands. It isn't with us! Here is his email again if you want to let him know one more voter will not forget this. jeff.kessler(a)wvsenate.gov And most of all spread the word to your friends and neighbors, because this guy has his eyes on a bigger office. Ali On Monday, March 1, Senator Jeff Kessler, chairman of the Senate Judiciary Committee, put SB614 on the Committee's agenda for a vote. The bill was passed out of the committee on voice vote and went on to its first reading on the floor of the Senate. But wait. This is not the SB614 that was introduced in the Senate by Senators Unger and Snyder. Senator Kessler, after private discussions with power company lobbyists, used his prerogative as chairman of the Judiciary Committee to offer a committee substitute to SB614 that completely eliminated the most important feature of SB614. Sen. Kessler did not ask for any debate about his changes and rammed the bill through the Committee in a matter of minutes. Sen. Kessler's substitute bill removed the requirement that land owners along the proposed power line route be notified by certified mail. Apparently, Sen. Kessler bought the power company claims that individual notice was "too burdensome" for Allegheny Energy, which regularly pays its CEO enough bonuses to make him the eighth highest paid CEO in the US. I personally told Sen. Kessler last week that the power companies knew who all the land owners already in the PATH case, because as soon as the WV PSC shut the door on new intervenors on July 15, 2009, AEP/Allegheny started contacting land owners about survey agreements. I also told Sen. Kessler that Allegheny Energy already is required to provide personal notice to land owners in power line cases in PA and East Virginia. In fact, Allegheny had to notify all land owners along the PATH line in East Virginia when they filed the PATH case there. Senator Kessler did the dirty work, but he wasn't working for West Virginia property owners. He was working for the out of state energy conglomerates who could care less about our state or our homes. If the bill passes out of the Senate, there is still lots of time to fix SB614 in the House. As Yogi Berra said, "It ain't over till it's over." Bill

2 1

New NASA MTR Photos
by Frank Young 03 Mar '10

03 Mar '10

Here we can see the progression of MTR and valley fills in Boone County over nearly 20 years: http://news.mongabay.com/2010/0302-coal-nasa.html -- "Concrete is heavy; iron is hard--but the grass will prevail." - Ed Abbey _______________________________________________ No New Coal Plants! (nonewcoalplants(a)energyjustice.net) Energy Justice Network http://www.energyjustice.net Un/Subscribe, change your settings or access the archives at: http://mail.energyjustice.net/mailman/listinfo/nonewcoalplants_energyjustic…

1 0

Fwd: [wvec-board] Marcellus Water Bill Passes House!
by James Kotcon 03 Mar '10

03 Mar '10

Start writing our Senators! JBK >>> <dsgjr(a)aol.com> 3/3/2010 11:56 AM >>> HB 4513 just passed on the House floor by a vote of 89 to 8. Hooray!! Now the battle moves to the Senate. Don Garvin WVEC Legislative Coordinator __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: Visit Your Group Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

1 0

Fwd: Nuclear projects face financial obstacles - washingtonpost.com
by James Kotcon 02 Mar '10

02 Mar '10

Nukes are so expensive, and take so long to build, that utilities now want to start charging the ratepayers for plants before construction even begins. Banks, stockholders, and big industrial energy users are objecting. The "Smart Money" won't touch these things. Enjoy. JBK >>> Bill Magavern <Bill.Magavern(a)sierraclub.org> 3/2/2010 12:28 PM >>> http://www.washingtonpost.com/wp-dyn/content/article/2010/03/01/AR201003010…

1 0

Fw: Re: FW: Congratulations, Maria!
by Jim Sconyers 02 Mar '10

02 Mar '10

From: Aaron Isherwood [mailto:aaron.isherwood@sierraclub.org] Sent: Monday, March 01, 2010 12:59 PM To: dbady(a)marshall.edu; janet.ovec(a)gmail.com; vivian(a)ohvec.org; cindyrank; 'Vernon Haltom'; lorelei(a)crmw.net; Judy Bonds; Vernon Haltom; Martinjul(a)aol.com; bpricesc(a)earthlink.net Cc: wvhollowgirl(a)gmail.com Subject: Congratulations, Maria! Hi everyone: I just returned from the huge environmental law conference in Eugene, Oregon, where Maria Gunnoe delivered a keynote address and also joined Kathy Selvage, Pat McGinley, Derek Teaney and me on two MTR panels. Maria's keynote address was electrifying (wind-powered!) -- indeed, the most powerful presentation I've seen in my 15 years of attending the conference. She received a standing ovation at the end, and many, many people told me how deeply moved they were by her words. I am quite confident that her speech recruited a lot of new allies who will actively help support our efforts to end MTR. After her presentation, the conference organizers honored Maria with the 2010 David Brower Lifetime Achievement Award, so please join me in congratulating her! Way to go, Maria, and thank you so much for making the long trip to Eugene! Aaron P.S. I have a limited list of email addresses for WV leaders working on MTR, so I hope you'll help me spread the word. 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 -- 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

1 0

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…>

1 1

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

EC March 2010