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Fwd: Info on Hale Powell, expert witness.
by James Kotcon 19 Oct '07

19 Oct '07

Below are some of the issues that Hale Powell and I discussed on Wednesday. His expertise is in Demand Side Management. He has a Masters degree in Energy Policy from U of Penn and 16+ years of experience in the field. He is not an expert on engineering aspects, and is concerned in that he has never testified on transmission issues, although he has a lot of experience on power plant/generation cases. I will present details of our conversation at the conference call. JBK >>> <HPEnergy(a)aol.com> 10/17/2007 11:17 AM >>> Here are some thoughts for our call: can you call me at 978 392-8442 at noon? regards, Hale Allegheny Line – Issues for 10/17/07 Call 1- Which are most effective arguments against the project?? a. Alternative strategies to reduce transmission constraints, enhance reliability i. Enhancing existing transmission corridor ii. Localized demand reduction via “targeted DSM” strategies iii. DSM program enhancement by out of state ratepayers (could this somehow be negotiated as an element of the transmission agreement? Funded by a transmission surcharge?) b. Uncertain economic viability of project (ie potential investment stranding) i. Carbon tax/regulation scenarios and impact on coal generation ii. Coal fuel price volatility iii. Transportation costs and constraints? c. Are forecasts of demand growth by 2011 that underlie this project legitimate? (assumption of power plant location, demand forecasts etc). d. Environmental impacts from increased plant utilitzation. e. Benefits from possible four new 600 MW plants – are these legitimate? f. FERC defined alternatives have not be adequately addressed 2- Which venue is most appropriate? a. WVPSC b. FERC 3- What type of supporting witness best serves this argument? a. Transmission specialist with FERC experience b. DSM specialist c. Resource planning specialist 4- Funding for expert witness Hale Powell, MS, CEM HPowell Energy Associates Westford, Massachusetts (978) 337-4284 hpenergy(a)aol.com ************************************** See what's new at http://www.aol.com

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Re: [EC] energy committee conference call
by Grubb, Karen 19 Oct '07

19 Oct '07

It doesn't matter to me, but it is important that Bill is able to be on the call. Thanks for all your work with Ron Klein. Do you have any opinion on hiring Hale Powell as well as Dr. Klein? ________________________________ From: Jonathan Rosenbaum [mailto:freesource@cheat.org] Sent: Friday, October 19, 2007 7:17 PM To: Grubb, Karen Subject: Re: [EC] energy committee conference call Grubb, Karen wrote: Saturday or Sunday mid-day works for me. I hope it is okay if I send this out to the Energy Committee to decide on a time. Energy Committee, please respond as to your availability Saturday or Sunday for a call sometime between 12 and 2. Karen Karen, neither times work for me, however, evenings on either day would work. -Jonathan ________________________________ From: William V. DePaulo, Esq. [mailto:william.depaulo@gmail.com] Sent: Friday, October 19, 2007 5:23 PM To: Grubb, Karen Cc: Barbara Fallon; James Kotcon; AutumnB Subject: Re: energy committee conference call I WILL BE HAPPY TO PARTICIPATE IN A CONF CALL, BUT HOPEFULLY NOT LATE ON A FRIDAY NIGHT. WHAT ABOUT THE MIDDLE OF THE DAY -- FOR 45 MINS OR SO -- ON SAT OR SUNDAY. IF YOU GET A CHANCE PLEASE TAKE A LOOK AT THE SECOND DISCOVERY REQUEST I FORWARDED TO THE EC COMMITTEE EMAIL ADDRESS. BILL DEPAULO 304-541-1984 On 10/19/07, Grubb, Karen <kgrubb(a)fairmontstate.edu> wrote: Jim, Autumn, and I think we should get committee approval to budget the funds needed to hire Hale Powell and Ron Klein. And that we should discuss if we want to hire both and how they will complement each other's testimonies. I think we should talk as a committee concerning funds raised from the letter and if we will have the amount needed to hire both consultants, etc. It is important that Bill DePaulo be on this call. Bill and Jim, do you agree with this assessment? I don't want to burden you, Barbara, but I would feel better if the committee decides rather than just a couple of us. You are doing a great job with fund raising and the postcard. Karen ________________________________ From: Barbara Fallon [mailto:brbr_fallon@yahoo.com] Sent: Friday, October 19, 2007 4:13 PM To: Grubb, Karen Subject: Re: Allegheny Power transmission lines - issues for today's call I am not sure that we need a conference call on this. Do we all have to approve this selection? I am up for a conference call if you think we need one in general or specifically about this. I am staying focused on fund raising. I have to write thank you notes and send IRS info out asap. Also SES report and other grant leads.. Barbara ----- Original Message ---- From: "Grubb, Karen" <kgrubb(a)fairmontstate.edu> To: Barbara Fallon <brbr_fallon(a)yahoo.com> Sent: Thursday, October 18, 2007 12:28:36 PM Subject: FW: Allegheny Power transmission lines - issues for today's call I talked to Jim and Autumn last night at the phone banking about this. He says he will talk to Bill DePaulo and if he says yes, the Energy Committee should have a conference call SOON to approve hiring this consultant. ________________________________ From: HPEnergy(a)aol.com [mailto:HPEnergy@aol.com] Sent: Wednesday, October 17, 2007 11:17 AM To: jkotcon(a)wvu.edu; Grubb, Karen Cc: HPEnergy(a)aol.com Subject: Re: Allegheny Power transmission lines - issues for today's call Here are some thoughts for our call: can you call me at 978 392-8442 at noon? regards, Hale Allegheny Line - Issues for 10/17/07 Call 1- Which are most effective arguments against the project?? a. Alternative strategies to reduce transmission constraints, enhance reliability i. Enhancing existing transmission corridor ii. Localized demand reduction via "targeted DSM" strategies iii. DSM program enhancement by out of state ratepayers (could this somehow be negotiated as an element of the transmission agreement? Funded by a transmission surcharge?) b. Uncertain economic viability of project (ie potential investment stranding) i. Carbon tax/regulation scenarios and impact on coal generation ii. Coal fuel price volatility iii. Transportation costs and constraints? c. Are forecasts of demand growth by 2011 that underlie this project legitimate? (assumption of power plant location, demand forecasts etc). d. Environmental impacts from increased plant utilization. e. Benefits from possible four new 600 MW plants - are these legitimate? f. FERC defined alternatives have not be adequately addressed 2- Which venue is most appropriate? a. WVPSC b. FERC 3- What type of supporting witness best serves this argument? a. Transmission specialist with FERC experience b. DSM specialist c. Resource planning specialist 4- Funding for expert witness Hale Powell , MS , CEM HPowell Energy Associates Westford , Massachusetts (978) 337-4284 hpenergy(a)aol.com <mailto:hpenergy@aol.com> -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com ________________________________ _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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FW: [energy activists] Update on energy bill timing; call Tuesday
by Grubb, Karen 19 Oct '07

19 Oct '07

I know we are all busy, but the Energy Bill is important. If you can, write letters to the editor and/or Senators Byrd and Rockefeller and Representatives Mollohan, Capito, or Rahall. Karen Grubb Conservation Chair ________________________________ From: Allison.Forbes(a)sierraclub.org [mailto:Allison.Forbes@sierraclub.org] Sent: Friday, October 19, 2007 6:04 PM To: Allison.Forbes(a)sierraclub.org Subject: [energy activists] Update on energy bill timing; call Tuesday Update on energy bill timing: Speaker Pelosi now says negotiations on energy bill provisions, which have already begun, will wrap up by November 16. The House will then adjourn for two weeks and return to vote on December 3. We need to start working every member of Congress -- champions and swings -- on Monday. Visit our very comprehensive website at www.sierraclub.org/flip Find activists materials at www.sierraclub.org/flip/do and www.sierraclub.org/flip/know including policy briefs for lobby meetings. Get the inside scoop at http://sierraclub.typepad.com/cleanenergywatch/ Tuesday energy call The next energy activist call will be Tuesday, October 23 at 8:30pm Eastern. Energy activist calls occur weekly. Call-in number: 1-866-501-6174 Code: 2239223# Please join Global Warming and Energy program staff for an update on priority targets. Come prepared to report on local and state efforts. Got results? Send any lobby reports and relevant newspaper articles (your printed LTEs, Op-Eds, editorials) to Allison.Forbes(a)sierraclub.org -- It is important that program staff can report to House and Senate leadership on the breadth of the Club's energy bill work. What you can do today 1. Distribute this Take Action to you local email lists: http://action.sierraclub.org/site/VoteCenter?page=voteList Send with a personalized message, i.e., Representative XXX's vote is very important. Tell Representative XXX to help pass a strong clean energy bill and flip the switch on our clean energy future this fall! 2. If you're not planning a Solutions Tour media and visibility event, rabidly sending LTEs to state newspapers, or arranging a district meeting with your member of Congress, plan a phone bank day or letter-writing party for sometime in the next two weeks. Generate calls or letters to your Senators and Representative asking for a strong clean energy bill that includes the House-passed renewable electricity standard and Senate-passed fuel economy standards. "No nukes" message on Sierra Club homepage Stop the Nuclear Bailout: The Sierra Club supports a just-launched petition campaign at http://www.nukefree.org/ <http://www.nukefree.org/> to remove expensive loan guarantees for the building of more nuclear power plants from the Energy Bill. Bonnie Raitt, Jackson Browne, and Graham Nash, who were among the artists behind the historic "No Nukes" concerts in 1979, will deliver the petition to Congress on October 23. Background on Lieberman-Warner cap-and-trade bill The Sierra Club is urging co-sponsors of the bill and members of the Environment and Public Works Committee to continue their leadership and improve the bill that was introduced this week. There will be a hearing on October 24 and the bill will be marked up in Subcommittee the week of October 31. Find more information at http://usclimatenetwork.org/federal/lieberman-warner-bill Allison Forbes National Conservation Organizer Sierra Club Global Warming and Energy Program (202) 548-6583

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Re: [EC] Expert Witness News!
by Barbara Fallon 19 Oct '07

19 Oct '07

Very good work Jonathan and Duane. Thank you so much for getting this witness ready... ----- Original Message ---- From: Jonathan Rosenbaum <freesource(a)cheat.org> To: Energy Committee <ec(a)osenergy.org> Sent: Thursday, October 18, 2007 3:35:32 PM Subject: [EC] Expert Witness News! Hi everyone, After several weeks of meetings with Ronald L. Klein, Professor Emeritus, Duane Nichols and I our happy to announce that he has agreed to be fully involved with the expert witness process in our intervention with the PSC TrailCo proceeding. As for the costs, he presented terms today that our clearly within our budget. -Jonathan _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com

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TRAILCO - Discovery of Carbon Foot Print for Proposed Electric Line
by William V. DePaulo, Esq. 19 Oct '07

19 Oct '07

W. Va. Code § 24-2-11a (d)(1) provides with regard to proposed electric transmission lines, that "the commission may approve the application if it shall find and determine that the proposed transmission line: (1) Will economically, adequately and reliably contribute to meeting the present and anticipated requirements for electric power of the customers served by the applicant or is necessary and desirable for present and anticipated reliability of service for electric power for its service area or region; and (2) Will result in an acceptable balance between reasonable power needs and reasonable environmental factors." I have prepared a discovery request that seeks to flush out the environmental costs vs the electricity benefits for this specific proposed line. As currently drafted, the discovery request focuses almost exclusively on carbon dioxide emissions. Please review the proposed discovery request and forward me your suggestions for additions, deletions, changes. I would appreciate in particular any identifiable environmental costs other than carbon dioxide emissions, i.e., endangered species harm, adverse air or water impacts (and a means of quantifying them) and anything else that can be reduced to numbers. Thanks. 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

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Re: [EC] Expert Witness News!
by Grubb, Karen 19 Oct '07

19 Oct '07

As I said yesterday, I recommend that we have an energy conference call soon to discuss this and another potential expert, Hale Powell. This is good news, but we need to be sure we have enough funds to also pay Hale Powell, if Bill DePaulo decides we need both witnesses. Karen -----Original Message----- From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of Jonathan Rosenbaum Sent: Thursday, October 18, 2007 3:36 PM To: Energy Committee Subject: [EC] Expert Witness News! Hi everyone, After several weeks of meetings with Ronald L. Klein, Professor Emeritus, Duane Nichols and I are happy to announce that he has agreed to be fully involved with the expert witness process in our intervention with the PSC TrailCo proceeding. As for the costs, he presented terms today that our clearly within our budget. -Jonathan _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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Re: [EC] Testimony of Ron Klein
by Grubb, Karen 18 Oct '07

18 Oct '07

I recommend that we have an energy conference call soon to discuss this and another potential expert, Hale Powell. Karen ________________________________ From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of Duane330(a)aol.com Sent: Thursday, October 18, 2007 7:47 PM To: ec(a)osenergy.org Subject: [EC] Testimony of Ron Klein To: Sierra Club Energy Committee From: Duane and Jonathan. We met today with retired Prof. Ron Klein who has continued to read and study the TrAIL case. He drafted some preliminary questions and answers earlier that indicate some potential for "expert testimony". At our last meeting, we approved $500 for preparation of testimony and $250 or so to appear and present testimony (plus expenses). He told us today the he will participate and do the work involved under the following pay schedule: Phase 1. Two increments of $500, for preparation of draft materials.............$1,000 (now due). Phase 2. Two increments of $500, for final preparation as an expert witness...$1,000 (December 5th) Phase 3. The sum of $1,000 to travel to Charleston, as needed and testify..... $1,000 (after testifying) He said today the he could probably absorb the travel costs into the final Phase 3 payment, i.e. no additional for travel expenses. Please consider this above plan as a motion to the Energy Committee by Duane with a second by Jonathan.......... If the above plan is approved, please make checks payable to: Ronald Klein, 461 N. Rebecca Street, Morgantown, WV 26505. ________________________________ See what's new at AOL.com <http://www.aol.com?NCID=AOLCMP00300000001170> and Make AOL Your Homepage <http://www.aol.com/mksplash.adp?NCID=AOLCMP00300000001169> .

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Kansas Rejects coal-fired power plant
by James Kotcon 18 Oct '07

18 Oct '07

How Do You Spell "Momentum"? JBK KDHE Denies Sunflower Electric Air Quality Permit Roderick L. Bremby, Secretary of the Kansas Department of Health and Environment (KDHE), announced today that he has denied the air quality permit for the two proposed 700-megawatt generators at the Sunflower Electric Power Corporation plant near Holcomb. “After careful consideration of my responsibility to protect the public health and environment from actual, threatened or potential harm from air pollution, I have decided to deny the Sunflower Electric Power Corporation application for an air quality permit,” said Bremby. In making his decision, Bremby cited the authority provided to the Secretary of KDHE in K.S.A. 65-3008 and K.S.A. 65-3008a, which grant him the authority to affirm, modify or reverse a decision on an air quality permit after the public comment period or hearing, and K.S.A. 65-3012, which authorizes him to deny or modify an air quality permit to protect the health of persons or the environment. “I believe it would be irresponsible to ignore emerging information about the contribution of carbon dioxide and other greenhouse gases to climate change and the potential harm to our environment and health if we do nothing,” said Bremby. The U.S. Supreme Court found in Massachusetts v. EPA that carbon dioxide meets the broad definition of an air pollutant under the Clean Air Act. The Kansas Air Quality Act similarly has a broad definition of what constitutes air pollution. The Centers for Disease Control and Prevention has recognized the need for public health agencies to take the lead on educating the public about the health impacts of climate change and has adopted priority health actions to prepare for, respond to and manage the associated health risks of climate change. The decision constitutes a first step in emerging policy to address existing and future carbon dioxide emissions in Kansas. “ KDHE will work to engage various industries and stakeholders to establish goals for reducing carbon dioxide emissions and strategies to achieve them. This is consistent with initiatives underway in states leading the effort to address climate change,” said Bremby. One such initiative currently being undertaken by eight northeastern states is the Regional Greenhouse Gas Initiative (RGGI), a mandatory regional cap-and-trade program aimed at reducing carbon dioxide emissions from power plants by 10 percent, or approximately 12 million tons annually, by 2020. The expanded Sunflower plant was projected to release an estimated 11 million tons of carbon dioxide annually. “Denying the Sunflower air quality permit, combined with creating sound policy to reduce carbon dioxide emissions can facilitate the development of clean and renewable energy to protect the health and environment of Kansans,” said Bremby. # # # Editor’s note: More information about the Sunflower Electric Cooperative air quality permit decision, including a timeline, the summary response to comments and multimedia clips of the announcement can be found at http://www.kdheks.gov/press_room.htm.

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Testimony of Ron Klein
by Duane330＠aol.com 18 Oct '07

18 Oct '07

To: Sierra Club Energy Committee From: Duane and Jonathan. We met today with retired Prof. Ron Klein who has continued to read and study the TrAIL case. He drafted some preliminary questions and answers earlier that indicate some potential for "expert testimony". At our last meeting, we approved $500 for preparation of testimony and $250 or so to appear and present testimony (plus expenses). He told us today the he will participate and do the work involved under the following pay schedule: Phase 1. Two increments of $500, for preparation of draft materials.............$1,000 (now due). Phase 2. Two increments of $500, for final preparation as an expert witness...$1,000 (December 5th) Phase 3. The sum of $1,000 to travel to Charleston, as needed and testify..... $1,000 (after testifying) He said today the he could probably absorb the travel costs into the final Phase 3 payment, i.e. no additional for travel expenses. Please consider this above plan as a motion to the Energy Committee by Duane with a second by Jonathan.......... If the above plan is approved, please make checks payable to: Ronald Klein, 461 N. Rebecca Street, Morgantown, WV 26505. ************************************** See what's new at http://www.aol.com

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Expert Witness News!
by Jonathan Rosenbaum 18 Oct '07

18 Oct '07

Hi everyone, After several weeks of meetings with Ronald L. Klein, Professor Emeritus, Duane Nichols and I our happy to announce that he has agreed to be fully involved with the expert witness process in our intervention with the PSC TrailCo proceeding. As for the costs, he presented terms today that our clearly within our budget. -Jonathan

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