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Staff files to ask PSC to reject PATH
by James Kotcon 29 Oct '09

29 Oct '09

Earlier today, I got a call from a reporter asking for response to the above filing. The PSC Staff has filed a motion asking the PSC to dismiss the PATH application because the Maryland terminus is now in doubt, and we would be asked to evaluate an incomplete proposal. I told the reporter that I think the PSC got it right and I would be consulting our attorneys about supporting the Staff Motion to Dismiss. Whaddya Tink? JBK

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Re: [EC] Fw: NEWS: Experts Raise Concerns About New Transmission Line from Coal Country to Eastern Grid
by Jim Sconyers 27 Oct '09

27 Oct '09

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 10/27/09, Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> wrote: From: Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> Subject: Fw: NEWS: Experts Raise Concerns About New Transmission Line from Coal Country to Eastern Grid To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Date: Tuesday, October 27, 2009, 1:39 PM Elena Saxonhouse Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (fax) ----- Forwarded by Elena Saxonhouse/Sierraclub on 10/27/2009 10:39 AM ----- Brian Smith <bsmith(a)earthjustice.org> 10/27/2009 10:27 AM To "'Elena.Saxonhouse(a)sierraclub.org'" <Elena.Saxonhouse(a)sierraclub.org>, Abigail Dillen <adillen(a)earthjustice.org>, Virginia Cramer <virginia.cramer(a)sierraclub.org> cc Subject NEWS: Experts Raise Concerns About New Transmission Line from Coal Country to Eastern Grid FOR IMMEDIATE RELEASE: October 27, 2009 Contact: Virginia Cramer, Sierra Club 804-225-9113 x 102 Abigail Dillen, Earthjustice 212-791-1881 x221 Experts Raise Concerns About New Transmission Line from Coal Country to Eastern Grid PATH would make grid less reliable, increase air pollution RICHMOND, VA -- In the latest of a series of setbacks for the proposed Potomac-Appalachian Transmission Highline (PATH), engineering, air and electric experts submitted testimony finding that (contrary to developer claims) the line would actually make the eastern grid less reliable and lead to increased air pollution. Proposed by American Electric Power (AEP) and Allegheny Power, PATH is a high-voltage transmission line which would be constructed through West Virginia, Virginia and Maryland, at a cost of more than $1.8 billion to ratepayers. The experts, testifying on behalf of the Sierra Club, include George Loehr and Hyde Merrill, nationally renowned electric experts, Chris James of Synapse Energy Economics, Inc. (a former EPA employee and Director of Air Planning for Connecticut), and Robert Fagan, also of Synapse, a mechanical engineer and energy economics expert. Their testimony concludes that the line is not needed; that cheaper, simpler alternatives are available; and that “[r]ather than increase reliability, PATH would actually make it worse.” “It’s like running an extension cord down the block to plug your toaster into a neighbor’s outlet rather than plugging it into an outlet in your own kitchen,” said George Loehr. If PATH is constructed, he testified, “major East Coast cities like Philadelphia, Baltimore, Washington and Richmond would become more vulnerable to interruptions and blackouts, either from natural phenomena or from terrorist attacks” on transmission lines. The expert testimony also validated concerns raised by environmental and community groups about increased pollution from coal-fired power plants. Chris James, an expert with over 20 years of experience in state and federal air programs, determined that air pollution and greenhouse gas emissions would increase as a result of PATH, making it more difficult for Virginia, Washington D.C., and Baltimore to meet air quality standards, and contributing to eastern smog and haze. He explained that because electricity garners a higher price on the east coast, PATH would provide an incentive-- and an opportunity-- for coal-fired power plants in West Virginia and the Midwest to increase their output and sell more electricity to east coast cities. Increased pollution would follow. “PATH is a boondoggle for ratepayers and a gift to coal companies,” said Abigail Dillen of Earthjustice. “We urgently need a smart electric grid that supports wind power and other clean energy projects, but AEP and Allegheny Energy are trying to sell us on lines that will only help dirty old coal plants to ramp up profits – and pollution.” “We keep hearing from AEP and Allegheny the mantra that this line will shore up our electrical grid and is desperately needed to keep the lights on. Now we have a clear, documented explanation of why that’s not true,” said Elena Saxonhouse, with the Sierra Club. The expert testimony was submitted by the Sierra Club as part of formal proceedings before the Virginia State Corporation Commission. The Commission has the authority to approve or deny PATH in the state. The Commission is accepting public comment until January 12, 2010, hearings begin January 19, and a decision is expected sometime before May 2010. Sierra Club is represented in the Virginia PATH proceedings by the non-profit law firm, Earthjustice. The Club is also a party in the Maryland and West Virginia PATH proceedings and expects to submit similar expert testimony in those states. Additional Materials: Proposed PATH route http://www.pathtransmission.com/maps/pdf/WV_Publication_Map_3-30.pdf Full testimony George Loehr http://www.earthjustice.org/library/references/loehr-testimony.pdf Hyde Merrill http://www.earthjustice.org/library/references/merrill-testimony.pdf Chris James http://www.earthjustice.org/library/references/james-testimony.pdf Robert Fagan http://www.earthjustice.org/library/references/fagan-testimony.pdf

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POWERSHIFT 2009, MARSHALL'S GREEN FEE AND PROGRAMS...and an idea for future Ex Comm meetings
by William V. DePaulo, Esq. 27 Oct '09

27 Oct '09

This is a spin off of Sierrafest, which I still consider the most successful event the SC has held since I've been on the Ex Comm, admittedly not very long. Kevin Fooce and I met Erin Chalmers and Danny Chiotos at Sierra Fest. Erin is the person presently in charge of the Sierra Student U at Marshall. She led the effort to adopt a "green" fee -- $5 tacked on to each student's tuition and the initial effort to get the greening process going. Danny Chiotos is located in Charleston and works with the Student Energy Action Coalition. At Sierra Fest, both Erin and Danny invited Kevin and me to come to "Powershift 2009" <http://appalachia.powershift09.org/> which is/was (good faith effort to intuit here) a three-day set of workshops covering a whole range of stuff, but energy efficiency and the environment pervaded them all. It was located in Huntington but was the Appalachian regional event of what has in the past apparently been a national event focused on Washington, DC. As an Appalachian event it attracted presenters and attendees from WV, KY, TN and environs. Kevin brought a pile of Sierra Club material, and I paid an artist on site 20 bucks to make a "Sierra Club" sign to put on a table, forwhich we paid a hundred bucks. At that table or later we met students active in environmental groups at Marshall, Wheeling Jesuit, WV State Univ, and Shepherdstown. One idea that emerged from the day was to use the Marshall "greening" exercise as a model for other schools, and as a bridge to merging the efforts at those schools with our efforts generally. THE "MARSHALL TEMPLATE" Lauren Kemp is the current leader of the SSU at Marshall. She related that the $5 green fee has generated a green budget that funds 12+/- jobs on campus, 9 of which are student jobs. In addition to the $5 green fee, Marshall's SSU apparently applied for and got a $60,000 grant from WV's much (and deservedly) maligned DEP...to buy recycling units that are just now being distributed all over the campus, and for a series of "hydration stations" -- free filtered water that is also distributed over the campus. The 9 students with green jobs collect the contents of the recycling bins daily at a central compactor where it is picked up once a month. Trash collection for the school has dropped from 2 X per week to once every two weeks. The hydration stations aren't up and running yet but they are coming shortly. While Lauren was explaining this to Kevin at the Sierra table, Sarah Elliott from WV State was telling me about the difficulty she and others experienced at State getting the campus people to even listen to them about recycling. When I brought up the idea of creating a web page to "capture" the Marshall experience for other schools she made the point that they need to do it simply to pass on to next year's and the year after's students the institutional memory of what had already happened at Marshall, so they could go forward. At lunch Bri Clark of Wheeling Jesuit also explained that they had had great difficulty getting recycling listened to by the administration there. She was more than receptive to the idea of a "model" to follow, like at Marshall. Calvin Smith of WVU -- to date our model of a great student group led by some guy named Coatsun, or something weird, -- said WVU needed to learn how to get a green fee adopted also. Anis Elkharroupi of Sheperdstown was interested in pursuing it also, with a slightly optimitic view of passing a $75 green fee, exactly equal to the athletic fee there. I've asked about have a dozen or so of these students to come to the Nov 7 ex comm meeting in Lewisburg. I don't know if any or all will, but it strikes me that there is more than a kernel of an idea here, and it follows: 1. Capture the Marshall "green" fee and program experience on line. Make it available to schools throughout the state for sure, but also make it a WIKI-like page that can be edited by users to capture and share the greening experiences at schools elsewhere. 2. Continue to make connections with the student leaders/participants in SSU 3. Help finance the efforts of SSU's to start a greening program at their campus, possibly with funds from the Longview settlement) 4. Start holding our Ex Comm meetings on campuses in order to engage students. This would require that we: A. Greatly reduce the amount of time we spend on administrative matters and reading reports we've already distributed B. Move the locations of Ex Comm meetings from homes of members to campuses across the state, hopefully greatly diversifying our reach C. Maybe increase meetings to every other month to make it possible to get to more schools, like Marshall, WV State, Sheperdstown, West Virginia Wesleyan, Wheeling Jesuit, Concord SEE LIST OF <http://www.wvicu.org/member.cfm>SCHOOLS AND LINKS TO THEIR WEB PAGES HERE<http://en.wikipedia.org/wiki/List_of_colleges_and_universities_in_West_Virg…> D. Accepting the real prospect of change in the way we go about our business and where we spend out time and effort -- to accommodate the interests of students which are not always going to be in sync with our own --- altho there is just as much opportunity to influence their interests. 5. The ultimate objective would be to greatly expand our numbers and effect state-wide. In essence, we will be erasing the line between "us" (old farts with whiter hair who've gone square in the head and round in the belly) and "them" (young whipper snappers who think they know it all and have had life handed to them on a silver platter only because the ever brilliant "we" did all the heavy lifting decades ago - PLEASE NOTE POSITION OF TONGUE -- YEAH -- IN MOUTH) 6. We've talked about increasing membership exponentially...I see no better opportunity to do that than the low hanging fruit right in front of our eyes. 7. I'd like this item - *RESTRUCTURING AND RELOCATING EX COMM MEETINGS* -- to be added to the Agenda for our Nov 7 meeting. Bill -- 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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WSJ.com - Obama to Name 'Smart Grid' Projects
by william.depaulo＠gmail.com 27 Oct '09

27 Oct '09

*Please note, the sender's email address has not been verified. You have received the following link from william.depaulo(a)gmail.com ******************** If you are having trouble with any of the links in this message, or if the URL's are not appearing as links, please follow the instructions at the bottom of this email. Title: WSJ.com - Obama to Name 'Smart Grid' Projects This article will be available to non-subscribers of the Online Journal for up to seven days after it is e-mailed. Copy and paste the following into your Web browser to access the sent link: http://www.emailthis.clickability.com/et/emailThis?clickMap=viewThis&etMail… Copy and paste the following into your Web browser to SAVE THIS link: http://www.savethis.clickability.com/st/saveThisPopupApp?clickMap=saveFromE… Copy and paste the following into your Web browser to forward this link: http://www.emailthis.clickability.com/et/emailThis?clickMap=forward&etMailT… ******************** Email pages from any Web site you visit - add the EMAIL THIS button to your browser, copy and paste the following into your Web browser: http://www.emailthis.clickability.com/et/emailThis?clickMap=browserButtons&…" ********************* Instructions: ----------------------------------------- If your e-mail program doesn't recognize Web addresses: 1. With your mouse, highlight the Web Address above. Be sure to highlight the entire Web address, even if it spans more than one line in your email. 2. Select Copy from the Edit menu at the top of your screen. 3. Launch your Web browser. 4. Paste the address into your Web browser by selecting Paste from the Edit menu. 5. Click Go or press Enter or Return on your keyboard. ********************

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SIERRA TESTIMONY IN VA PATH CASE
by William V. DePaulo, Esq. 24 Oct '09

24 Oct '09

Attached is the testimony from the Sierra Club electric experts filed in VA SCC (PSC equivalent) Friday. The Loehr document is 52 pages, Fagan's is 259. More will follow. The testimony is, frankly, brilliant and any fair reader would conclude that PATH is totally unnecessary for any legitimate electric need. Bill -- 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. -- 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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Re: [EC] TransGas Public Notice
by James Kotcon 23 Oct '09

23 Oct '09

A draft permit for the Mingo County Coal-To-Liquids facility was issued by WV-DEP. Public comments on the draft are due Nov. 30. JBK >>> <Andrea.Issod(a)sierraclub.org> 10/22/2009 2:39 PM >>> Mingo draft permit has issued, comments are due Nov. 30th. We're working on it. "Kessler, Joseph R" <Joseph.R.Kessler(a)wv.gov> 10/22/2009 11:29 AM To <andrea.issod(a)sierraclub.org> cc Subject TransGas Public Notice Andrea, please see attached letter (hardcopy will follow). The information can be found here ( http://www.wvdep.org/item.cfm?ssid=8&ss1id=980 ). Thanks 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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Fw: TAKE ACTION: Suspend Illegal Rubber Stamping of Mountaintop Removal Permits
by Jim Sconyers 23 Oct '09

23 Oct '09

This is the "nationwide" permit that gives the coal companies new permits with little or no evaluation/analysis. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Thu, 10/22/09, Earthjustice Alerts <action(a)earthjustice.org> wrote: From: Earthjustice Alerts <action(a)earthjustice.org> Subject: TAKE ACTION: Suspend Illegal Rubber Stamping of Mountaintop Removal Permits To: "Jim Sconyers" <jim_scon(a)yahoo.com> Date: Thursday, October 22, 2009, 6:32 PM Tell Army Corps of Engineers: Suspend Illegal Rubber Stamping of Mountaintop Removal Permits Tell Army Corps of Engineers: Suspend Illegal Rubber Stamping of Mountaintop Removal Permits The Army Corps of Engineers needs to hear from you by Monday, Oct. 26 to close a loophole that is devastating Appalachia. Submit your comment at Regulations.gov! Dear Jim, For decades, mountaintop removal mining has devastated local communities, the economy, and the streams and headwaters of Appalachia. Entire mountain ranges have been razed as coal companies found loopholes in the law to streamline their destructive mountaintop removal mining permits. Now, the Army Corps of Engineers is finally considering that "Nationwide Permits"—a streamlined approval process—are not intended to authorize the devastation happening at mountaintop removal sites. The Corps' plan to suspend and modify "Nationwide Permit 21" will stop the rubber stamping of mountaintop removal permits and lead to better scrutiny of the environmental impacts of this mining practice. Strong public support—your support—is needed now to eliminate the NWP 21 loophole. Just last week, coal companies and their cronies shut out coalfield residents in West Virginia, Kentucky, Tennessee and Virginia from public hearings on the Army Corps' plan. Violence and threats kept many people from even having a chance to speak. You only have until Monday, Oct. 26 to tell the Army Corps that its plan to repeal the one-size-fits-all approach of NWP 21 is good news for the people, streams, and mountains of Appalachia. Please act today. Tell the Army Corps that its plan to stop using NWP 21 is the right move. Let them know you support stronger environmental protections for the mountains, rivers, streams and people of Appalachia: How to Take Action You must submit your comment on the Army Corps of Engineers' plan at Regulations.gov, the official source for U.S. government regulations and related documents. Click on the button below to access the Army Corps of Engineers' comment form. Or, copy and paste this link into your browser: http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480… Fill in the comment form. If you don't see the form, search for the Army Corps of Engineers' notice using document ID "COE-2009-0032-0346". Here is a sample letter you can use: Your proposal to modify and suspend Nationwide Permit 21 is a good step towards protecting the waters, mountains, and communities of Appalachia. I agree with your assessment that NWP 21 "has been used to authorize surface coal mining activities that involve discharges of dredged or fill material into waters of the United States that have resulted in adverse environmental impacts that may be more than minimal on a cumulative basis." The proposed modification would enhance environmental protection by requiring surface coal mining projects to apply for individual permits under the Clean Water Act. This will allow for increased public and agency involvement, including public comment periods. I also support the proposed suspension to NWP 21 to allow comments to be reviewed and evaluated. Ultimately, the use of NWP 21 to permit valley fills and stream destruction must end completely. The impacts of mountaintop removal coal mining are significant and permanent. The Army Corps should not issue any additional authorizations under NWP 21, and past authorizations should be reviewed under the Clean Water Act. Please modify and suspend NWP 21 to protect Appalachia's environment and community. Click on the "Submit" button at the bottom of the form, and your comment will be delivered. Thank you for taking the time to make sure that your voice is heard! Drop us a note to let us know that you took action! To get started, click on the button below: — Earthjustice Because the earth needs a good lawyer ©2009 Earthjustice | 426 17th Street, 6th Floor, Oakland, CA 94612 | 510-550-6700 | action(a)earthjustice.org Alert Tools Photo Credit: Top left: Mountaintop removal mining in Appalachia. (Credit: Vivian Stockman/OVEC) Bottom: Mountaintop removal operations at Kayford Mountain, West Virgina. (Credit: Mark Schmerling) View online: Having trouble viewing this email? View it in a browser. Links: If you cannot click on the links in this email, copy this link to your browser to access the comment form: http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480… This email was delivered to you by Earthjustice. Update your personal information or remove your email address from Earthjustice's email list through your Subscription Management Page or by emailing Earthjustice. Powered by:

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Fwd: Re: Mingo Co. Waste Wood Power Plant
by Jonathan Rosenbaum 23 Oct '09

23 Oct '09

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Fw: VA SCC staff moves to dismiss application
by James Kotcon 21 Oct '09

21 Oct '09

To summarize, on Sept. 9, the Maryland PSC dismissed the PATH application in Maryland, ruling that PATH was not an electric company under Maryland state law. They gave Allegheny's subsidiary in Maryland, Potomac Edison, 30 days to re-file with an appropriate application. On Oct. 9, Potomac Edison responded by saying they were still reviewing their options with regard to a new plan for an eastern terminus to PATH, essentially declining to respond to the Maryland PSC. On Oct. 19, the Staff from the Virginia State Corporations Commission filed the attached motion asking the Virginia SCCC to dismiss the application, because there was no eastern terminus and no clear way to analyze a route without knowing where it would end. The WV PSC Staff attorney has said that the WV proceedings are "still right on track". Would it make sense to file a motion asking the WV-PSC to "toll" the proceedings until an eastern terminus is identified? We are entering a very expensive portion of the proceedings, and it seems unfair to ask intervenors to hire experts to analyze a route, then have PATH switch routes at the last second. Alternatively, would this be an argument for PATH to pay the expert witness fees for intervenors? PATH will have unlimited resources from ratepayers, plus 14 % on everything they spend, while intervenors are now being bled dry before we even know where the line will go. Whaddya Tink? Jim Kotcon ----- Original Message ----- From: "Frank Young" <fyoung(a)mountain.net> Maybe the PATH companies figure that the way to break up the opposition is to have them spend their resources on a case that might be withdrawn, or thrown out by the WV PSC, then re-file later after the spirit (and the bank accounts) of the opposition are broken. And either way PATH still gets that 14 percent profit on their costs- win or lose. “Heads we win; tails you lose.” ----- Original Message ----- From: Nancy S. Williams ( mailto:nancyswms@suddenlink.net ) To: s channell ( mailto:rchannell@verizon.net ) Cc: WVaPATH ( mailto:WVaPATH@yahoogroups.com ) Sent: Tuesday, October 20, 2009 5:31 PM Subject: Re: [WVaPATH] message to intervenors It is big news, but as Joe Watkins with the WV-PSC said today,"We are still right on track." --- On Mon, 10/19/09, Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> wrote: From: Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> Subject: VA SCC staff moves to dismiss application To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Date: Monday, October 19, 2009, 3:35 PM Big news in Virginia (see below). The staff attorney filing the motion also stated: Please note that the filing of our motion does not alter the procedural schedule. All events remain scheduled until the hearing examiner or the Commission alter the schedule by entry of an order or ruling. While we have requested expedited consideration, I cannot predict when the motion will be addressed. ----- Forwarded by Elena Saxonhouse/Sierraclub on 10/19/2009 12:32 PM ----- A major development -- the Staff has just moved to dismiss the pATH application in VA on grounds that it is unclear where the line will end given the status of the Maryland proceedings. Abigail Dillen Staff Attorney* Earthjustice 156 William Street, Suite 800 New York, NY 10038 (212) 791-1881 ext. 221 Fax: (212) 918-1556 *Admitted in California and Montana. Not admitted in New York - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-ELP-TRANS-LINES-FORUM list, send any message to: CONS-ELP-TRANS-LINES-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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Re: [EC] Dunkard Creek, Mon Water quality
by Beth Little 20 Oct '09

20 Oct '09

Jim, At the Water Resources Committee meeting in Charleston last Thursday listening to Mandirola and Frank Jernejcic (sp?) and seeing their presentation about Dunkard Creek with maps of the mine pools underlying the region of southwestern PA and northwestern WV, I was struck with a thought that no one has mentioned. Actually it occurred to me on the way home. They did not seem inclined to pursue where the algae came from or how it got in Dunkard Creek; they said we may never know. And that may be true. But this is where my thoughts ran. The mine pools underlying this entire area are connected - not only by seeps, but they are actually being pumped from one to another. They also have seeps into the creeks and rivers in the area. Instead of the original suspicion that the algae got into Dunkard with wastewater from well drilling by Texas companies that contaminated the water with their drilling equipment from Texas, suppose the algae was introduced into the mine pools from wells drilled through them. In this case, every body of water in the area is at extreme risk, and control may be virtually impossible. Mandirola and/or Frank also talked about the conditions that the algae need to survive. Besides TDS, Ph is a big one, but I don't remember the specifics. I have emailed Frank for the details. My suggestion for how to proceed would be that all streams that are remotely threatened be brought to conditions that would prevent survival of the golden algae. Frank talked about how the normal green algae would out compete the golden algae in "normal" conditions for our area. So he would be a good resource. Of course, with drainage from the mine pools, controlling conditions in the threatened streams may not be possible. I wish I could be there. Keep me posted. You know this is starting to bump up against the group that is working on gas drilling, and you might want to be in on our calls. We have one coming up on Tues, and Dunkard Creek is one of our leading topics right now. Let me know if you want to be added to the call list. Jim S, Cindy Rank, Frank Jernejcic and about 30 others are on it, but 8 to 10 is about how many actually call in. _____ From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of James Kotcon Sent: Sunday, October 18, 2009 3:27 PM To: ec(a)osenergy.org Cc: aaron.isherwood(a)sierraclub.org; dteaney(a)appalachian-center.org; Joe Lovett; Cindy RANK; Sandy Cress Subject: Re: [EC] Dunkard Creek, Mon Water quality Attached and below are some recent articles about the fish kill in Dunkard Creek. This is emerging as a major issue, and any suggestions for how to proceed would be welcome. Some local activists are meeting Monday at 11:45 at Zen Clay in Morgantown (join us if you can), but any ideas from anywhere would be appreciated. My initial perception is that the fish kill is simply a symptom of the long-running lack of enforcement by DEP, and the Club's current legal action is already addressing those issues. But those will take years, and we really need to be coming up with solutions before this stuff spreads. Jim Kotcon 304-293-8822 (office) 304-594-3322 (home) >>> "Donald C. Strimbeck" <dcsoinks(a)comcast.net> 10/18/2009 9:03 AM >>> Later this week we will put out email re next MRR&CC meeting, and, next Water Quality Forum. Pasted below is today's Dominion Post article, which is also attached. Also attached is info from Duane Nichols re other news stories. Attachments are in MICROSOFT compatibility 97-2003 format. DUNKARD CREEK-DP-18OctY2K9 Front page Morgantown Dominion Post Sunday 18 October 2009: <http://olive.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAwOS8xMC8xOCN BcjAwMTAx&Mode=Gif&Locale=english-skin-custom> http://olive.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAwOS8xMC8xOCNB cjAwMTAx&Mode=Gif&Locale=english-skin-custom 21 streams at risk for fish kill algae 7 Mon creeks on watch list BY DAVID BEARD The Dominion Post The West Virginia Department of Environmental Protection (DEP) fears 21 other state streams have conditions conducive for growth of the same Dunkard Creek fishkill algae. During an interim meeting last week, the Joint Legislative Oversight Commission on State Water Resources also learned: The golden algae toxins killed the fish and mussels, but no one yet knows how the algae got there. Legislative action may be needed to control the conditions that could lead to future outbreaks. The puzzle has to be solved before fish can be returned to Dunkard Creek. As investigators learned what makes the algae thrive, particularly the total dissolved solids (organic and inorganic minerals, salts, metals and other matter), Scott Mandirola of the West Virginia DEP said, they began asking, "What other streams are potentially affected by this?" They compiled a list of 21 waterways of about 10 miles or more in length that had the right "conductivity," a measure of the flow of electric current that reflects TDS levels. "Those streams are now identified as being potentially at risk if these algae were allowed to spread," he said. Frank Jernejcic, District 1 fisheries biologist for the West Virginia Division of Natural Resources (DNR) identified seven of them, besides Dunkard, as being in this area - the Monongahela River drainage basin: Buffalo Creek, Elk Creek, Bingamon Creek, Paw Paw Creek, Pyles Fork, Indian Creek and Dents Run. Jernejcic told the commission that the algae outbreak has eliminated about 99 percent of the fish along the 30-mile stretch of Dunkard Creek in West Virginia. The kill destroyed 18 species of fish and 14 species of mussels - all the mussels in the creek - he said. He didn't have information on the extent of the fish kill in the Pennsylvania portion of the creek. The Pennsylvania DEP referred questions to Eric Levis, spokesman for the Pennsylvania Fish & Boat Commission, who did not return calls placed over the course of two days. Investigators search for algae source Mandirola told the legislators that the golden algae, known as Prymnesium parvum, first appeared in Texas in 1985. It mainly kills fish and, unlike red tide, isn't harmful to humans. Experts analyzed some of the dead fish, he said, and confirmed algae toxins killed them - affecting the livers and gills most severely. Investigators know the algae likes brackish water, and that Dunkard has the conditions - the right acid levels and high total dissolved solids (TDS), including sulfates and chlorides (salt) - that favor golden algae growth. But, Jernejcic said, "why it's there, how it got there and what caused it to reach the levels ... that would have caused the fish kill" is still a mystery. The golden algae is a symptom - they haven't gotten to the cause. "We believe with confidence that it's golden algae toxins that are killing the fish," Mandirola said. "They like the environment that's there. We need to see what we can do about the environment. "They've not come up with a clean, easy way to get rid of it," he said. "The best approach is to learn how to live with it and learn how to control what it doesn't like. If you can make the environment unfavorable ... they won't be able to produce the toxin, they won't be able to bloom and they won't cause the problems." Helen Humphreys, spokeswoman for the Pennsylvania DEP, said her agency is continuing to collect information so it can come to its own conclusion about the cause. "The algae needs a brackish, salty environment to thrive," she said. "Dunkard Creek is a freshwater stream, but high TDS levels have made it salty. So, where is it coming from?" Investigators said they think it may possibly be linked to mine drainage, which is associated with high TDS levels, especially during low flow times, when rainwater isn't diluting the discharge. Tests show high TDS levels in the Dunkard as far upstream as St. Leo, near the mouth of the South Fork tributary, southwest of Wadestown near the Marion County border. There is a mine drainage pool in this area, and at a point above a beaver dam, above the drainage pond, the algae cell count drops dramatically. And other mine pools drain into the Dunkard in both states. Legislation may be needed to get solids under control Getting TDS levels under control is part of the answer, and legislation may be needed, several people said. "How long are we going to keep going before we say, 'Let's draw a line in the sand?' " Jernejcic said after the meeting. Asked if it would require legislative action, he said, "I suspect." Dr. Duane Nichols, a water expert, retired WVU professor and member of the Upper Monongahela River Association, gave his opinion to the commission: "We have called for water quality standards. ... We need a statewide standard for total dissolved solids." Delegate Tim Manchin, D-Marion and co-chairman of the commission, said legislation may involve "a couple avenues." One could be adopting overall stream quality regulations regarding factors related to chlorides (salt) and TDS. Pennsylvania already has some TDS standards, he said. Another could involve implementing some treatment measures for mine drainage. "How much discharge do you allow?" he asked. Beyond that, he said, "At what point does this start having an impact on our economic community?" Right now, he said, commissioners are trying to bring themselves up to speed so they'll be ready if and when the DEP brings forth proposed legislation. Pennsylvania and West Virginia DEP officials have credited CONSOL Energy with being cooperative during the investigation. Consol has ceased discharges from mine pools along the creek while investigators study the cause. Humphreys said the Pennsylvania DEP believes discharge from the Blacksville No. 1 and Blacksville No. 2 mines could have contributed to the high TDS and chloride levels, according to a letter the department sent to CONSOL dated Oct. 7. In the letter, the Pennsylvania DEP requested information about the various mine pools in the Dunkard Creek watershed and how they are connected. The Pennsylvania DEP also requested copies of all of CONSOL's discharge monitoring reports for the Blacksville No. 2 mine and copies of the company's permits and permit applications, among other things. Humphreys said the Pennsylvania DEP would review the information from CONSOL, once the company sent it. The Pennsylvania DEP also sent a letter to the U.S. Environmental Protection Agency this month, asking the agency to revoke an Underground Injection Control permit that allows CNX Gas Co. - a subsidiary of CONSOL - to inject wastewater into the Morris Run Borehole at the inactive Blacksville No. 1 mine. The permit allows CONSOL to dispose of up to 150,000 barrels per month of coal-bed methane wastewater, which contains up to? 25,000 milligrams per liter of TDS, according to the letter. EPA spokesman David Sternberg said the agency is evaluating the letter and is preparing a response to it. Sternberg said he did not know when the response would be mailed. CONSOL voluntarily stopped injecting the wastewater into the borehole Oct. 2. Donald C. Strimbeck, Sec/Treas Upper Mon River Assoc UpperMon.org Vice Chair, Mon River Rec & Comm Com MonRiverSummit.org 109 Broad Street, P. O. Box 519 Granville WV 26534-0519 304-599-7585 (fax 4131) dcsoinks(a)comcast.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.422 / Virus Database: 270.14.20/2444 - Release Date: 10/18/09 09:04:00

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