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Fw: Natural Gas Initiative
by Jim Sconyers 01 Jun '10

01 Jun '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Michael Brune <Michael.Brune(a)sierraclub.org> To: HQ-ANNOUNCEMENTS(a)LISTS.SIERRACLUB.ORG Sent: Tue, June 1, 2010 3:51:25 PM Subject: Natural Gas Initiative ***************************GlobalMessage********************************* THIS MESSAGE IS AN INFORMATIONAL MESSAGE BEING SENT TO ALL SIERRA CLUB STAFF, THE BOARD OF DIRECTORS, MEMBERS OF ALL ADVISORY COMMITTEES, COUNCIL EXCOM, AND MANY OTHER NATIONAL COMMITTEE LEADERS,CHAPTER CHAIRS, CHAPTER CONSERVATION CHAIRS, GROUP CHAIRS, AND CCL DELEGATES. ***PLEASE DO NOT REPLY *** TO SENDER OR FORWARD THIS MESSAGE TO LISTS WHO HAVE ALREADY RECEIVED THIS MESSAGE. *********************************************************************** From: Michael Brune June 1, 2010 To: Sierra Club Volunteers and Staff Re: Natural Gas Initiative Friends and Colleagues: In one of my first messages to you as the Sierra Club’s new executive director, I spelled out four matters I consider priorities for my first three months. Today I’d like to discuss our plans for addressing one of those priorities: the regulation of natural gas. The topic has come up often in my travels and it is important that we address it even as we focus so much attention on the disaster BP has created in the Gulf. As the recent natural gas boom changes the energy landscape, new production techniques raise environmental concerns about this fuel. Let me repeat now what I have been telling those of you who fear that your favorite landscapes and the communities you love may be at risk: The Sierra Club has your back. We will stand with you to ensure that natural gas extraction is effectively regulated and that the industry employs the safest and most environmentally sound techniques. We stand at a crossroads today. The time is coming when coal and oil will be the energy of the past. Over the past five years Sierra Club has led a nationwide effort with our chapters and local allies that prevented the construction of more than 125 coal-fired power plants. Just two weeks ago the Mississippi Chapter won a David-versus-Goliath battle to block Southern Company’s proposal to build a massive new coal plant. On the horizon are the predominance of new clean-energy projects and the country’s reliance on wind and solar. The only question is how long it will take (and what we’ll lose as many of our leaders dither). As the Sierra Club works hard to stop the worst of the worst, we have to fight equally hard to promote the best of the best, starting with energy efficiency and moving on to the range of renewables, from responsibly sited wind and solar projects to distributed generation in communities across the country. During the transition from old to new, we acknowledge that some fuels will remain in use, even though they should have no place in our long-term energy vision. Several years ago the Sierra Club, using its standard democratic processes and taking into account the best scientific evidence, acknowledged that natural gas will be part of the transition from far dirtier energy sources—particularly coal—to a clean-energy future (http://bit.ly/SCnaturalgaspolicy). This policy was born of the Club’s realization that the threat of climate disruption is severe and that we need an immediate solution to get off coal on a massive scale. A commitment to problem solving is one of our organization’s great strengths. The responsible use of natural gas will help the nation address the complex problem of climate change, but only if we do it right. We must be clear that energy efficiency, distributed solar and wind, and appropriately sited large-scale wind, solar and geothermal projects are true clean-energy solutions and should be at the front of the line for new energy investments. Indeed, it is a priority for the Club to build a package of grassroots campaigns so that we can more effectively build a movement and make dramatic progress at the local, state and federal levels to stabilize energy demand and create a larger share of the pie for clean energy. We must also wrestle with the environmental challenges raised by the use of natural gas. Modern natural gas production techniques can cause significant environmental damage, and the risks are multiplied by the increasing use of hydraulic fracturing (“fracking”) technology that allows for recovery of gas from deep in shale formations. Expanded natural gas production without adequate regulation has led to serious problems, from fouled well water in Wyoming, to polluted rivers in the Northeast, to air-pollution in Texas. These problems are exacerbated by legal loopholes that exempt the industry from basic environmental laws, by outdated state regulations that do not fully control modern gas-production practices, and by the limited capacity of authorities to enforce those laws on the books. A volunteer-led task force has developed a policy calling for the strict regulation of natural gas fracturing (http://bit.ly/frackingpolicy). Among the types of drilling projects the Club opposes are those in which the contents of fracking fluids are not disclosed to the public or contain an unacceptable toxic risk, and those that fail to protect drinking and surface water or violate air-quality standards. To implement this policy, the Club recently formed the Hydraulic Fracture Implementation Task Force and the Hydrofracking Team on the Activist Network (http://bit.ly/activistnetworkgasfrack). The task force is developing model regulatory standards based on detailed best management practices, overseeing an effort to push for them in pilot states, and guiding the identification of areas that should be off-limits to natural gas production. It has already worked with chapters and coalition partners to submit extensive technical and legal comments on numerous state and federal regulatory proposals governing natural gas production. It has also joined with several groups to form a team of attorneys and experts to develop model regulations. The growing team will include engineering, hydrology and toxicology specialists and other technical experts. Grassroots advocacy for natural gas regulation is essential. That’s why we’re launching a natural gas campaign to coordinate hard-hitting efforts across the country to make sure that this industry is regulated and using best practices. Watch for upcoming opportunities to get involved. I applaud the excellent work our chapters and activists have already done, and I encourage those of you involved in these efforts to keep pushing for environmental safeguards. Doing sophisticated campaign work on efficiency and renewables is critical to our success. Getting it right on natural gas is also essential as we move toward a clean-energy future. The Sierra Club has experienced tremendous success in recent years in our efforts to reduce the carbon dioxide emissions that cause climate disruption. Securing major improvements in natural gas extraction practices and regulation is a top priority. I’m looking forward to working with you to get this crucial work done. I welcome your feedback and ideas. To let me know what you think please visit: www.sierraclub.org/ed/memos And next Monday, June 7, at 5 p.m. Pacific, I will host a call with all volunteers and staff to talk about our natural gas campaign and policies and answer questions (1 866-501-6174; Code 223-9223#). Onward, Michael Brune Executive Director Sierra Club 415-977-5662 Follow on Facebookand Twitter www.sierraclub.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the HQ-ANNOUNCEMENTS list, send any message to: HQ-ANNOUNCEMENTS-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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Fw: NRDC on nuclear provisions in American Power Act
by Jim Sconyers 01 Jun '10

01 Jun '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: dave o'leary <dave.oleary(a)MDSIERRA.ORG> To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Sent: Tue, June 1, 2010 3:12:45 AM Subject: NRDC on nuclear provisions in American Power Act Here is write-up of many of the issues with the nuclear provisions in the Kerry-Lieberman climate bill. It is a little long, but that's only because there are so many opportunities for improvement in the bill in ways that strengthen our arguments for more emphasis on efficiency and renewables programs. http://switchboard.nrdc.org/blogs/cpaine/packing_the_nuclear_pork_barre.html Those concerned about nuclear waste and taxpayer money waste can both find appalling aspects of the bill. Those who are interested in good government issues, or who are expressing outrage over lack of regulatory oversight in the BP gulf oil disaster should also read through this and take note of the proposals for further "streamlining" of the licensing process. One thing that is not mentioned in this summary is the relative job creation potential of energy efficiency spending vs. construction and operation of nuclear plants. I encourage you to read through this and find at least a couple of things that will resonate with your Senators, then call and suggest that they work to improve the bill - thanks - David O'Leary Sierra Club - Maryland Chapter - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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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Fw: You have been invited to Organizing the Team.
by Jim Sconyers 01 Jun '10

01 Jun '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Sierra Club Online Communities <community.manager(a)SIERRACLUB.ORG> To: CONS-CHAPTER-CONS-CHAIRS(a)LISTS.SIERRACLUB.ORG Sent: Tue, June 1, 2010 11:39:35 AM Subject: You have been invited to Organizing the Team. Sierra Club Online Communities Bob has invited you to Organizing the Team We need to recruit people who want to take direct action in response to the BP oil disaster. Message: This is our kickoff event. It starts now and everyone is a part of the event. Let's see how many people we can find who want to take action to repair or mitigate BP's injury to our ecosystem. Click here to view event details Note: Please do not reply to this message. This system message was sent from a notification-only email address. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-CHAPTER-CONS-CHAIRS list, send any message to: CONS-CHAPTER-CONS-CHAIRS-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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FW: NYT #2 (Friedman -- Maila for President)
by James Kotcon 31 May '10

31 May '10

From:JClaussJr@aol.com [mailto:JClaussJr@aol.com] Sent: Sunday, May 30, 2010 1:58 PM To: csueclauss(a)aol.com Cc: rdelliott(a)socal.rr.com Subject: NYT #2 (Friedman -- Maila for President May 28, 2010 Malia for PresidentBy THOMAS L. FRIEDMAN ( http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists/tho… ) It took almost the entire press conference at the White House on Thursday for President Obama to find his voice in responding to the oil disaster in the gulf — and it is probably no accident that it seemed like the only unrehearsed moment. The president was trying to convey why he takes this problem so seriously, when he noted: “When I woke this morning and I’m shaving and Malia knocks on my bathroom door and she peeks in her head and she says, ‘Did you plug the hole yet, Daddy?’ Because I think everybody understands that when we are fouling the Earth like this, it has concrete implications — not just for this generation, but for future generations. I grew up in Hawaii where the ocean is sacred. And when you see birds flying around with oil all over their feathers and turtles dying, that doesn’t just speak to the immediate economic consequences of this; this speaks to how are we caring for this incredible bounty that we have. And so sometimes when I hear folks down in Louisiana expressing frustrations, I may not always think that their comments are fair. On the other hand, I probably think to myself, ‘These are folks who grew up fishing in these wetlands and seeing this as an integral part of who they are.’ And to see that messed up in this fashion would be infuriating.” And a child shall lead them. ... This oil leak is not President Obama’s fault. Stopping the spill is BP’s responsibility; it both caused it and it has the best access to the best technology to plug it. Of course, as the nation’s C.E.O., Mr. Obama has to oversee the cleanup, and he has been on top of that. His most important job, though, is one he has yet to take on: shaping the long-term public reaction to the spill so that we can use it to generate the political will to break our addiction to oil. In that job, the most important thing Mr. Obama can do is react to this spill as a child would — because it is precisely that simple gut reaction, repeated over and over, speech after speech, that could change our national conversation on energy. You see, right now our energy conversation is dominated by three voices. There are the “petro-determinists,” who never tire of telling us that we’ll be dependent on oil for a “long, long time.” That is true. The problem is, these same people have been telling us that ever since the first oil crisis in 1973, and their real objective in doing so is not to help us understand that breaking our oil addiction is difficult, but to make us think that it is impossible — so don’t bother. Then there are the “eco-pessimists,” who argue that it is probably already too late. We are toast. Unless we rewire human beings to want less growth — not only ourselves but the millions in China and India who aspire to live like us — the end is nigh. The eco-pessimists may be right, and they are certainly sincere, but they have little respect for the power of innovation, the power of six billion minds all trying to solve one problem. Finally, we have the “Obama realists.” These are the political pros who whisper to him every day that this is not the time to lay out a big new “Obama End to Oil Addiction Act.” The Democrats, they contend, are suffering from “legislative fatigue.” After casting a hard vote for health care, they don’t want to be asked to cast a supposedly hard vote for a price on carbon — the essential first step in getting off oil. And, they rightly add, the G.O.P. today is so cynical, so bought and paid for by Big Oil, that only a couple of Republican senators would have the courage and vision to vote for a price on carbon. So Democrats would be out there alone. The Obama realists make sure that the president is always careful to talk in vague terms about how he stands behind “Waxman-Markey” and “Kerry-Lieberman” — sterile Washington-speak for the House and Senate bills that attempt to put a small price on carbon. I am glad he is behind them; I just wish he were in front of them. I am glad the president passed health care for the nation. But healthy to do what? To go where? To grasp what dream? Answering those questions is the president’s great opportunity here, but he has to think like a kid. Kids get it. They ask: Why would we want to stay dependent on an energy source that could destroy so many birds, fish, beaches and ecosystems before the next generation has a chance to enjoy them? Why aren’t we doing more to create clean power and energy efficiency when so many others, even China, are doing so? And, Daddy, why can’t you even mention the words “carbon tax,” when the carbon we spill into the atmosphere every day is just as dangerous to our future as the crude oil that has been spilling into the gulf? That is what a child would want to know if he or she could vote. That is the well of aspiration for a game-change on energy that Mr. Obama can tap into. And he could even rip off BP for his moon shot motto: Let’s get America “Beyond Petroleum.” As you would say, Mr. President, this is your time, this is your moment. Seize it. A disaster is an inexcusable thing to waste.

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AEP to run 10 old coal units part-time due to economy
by Frank Young 27 May '10

27 May '10

This is kind of odd news. http://www.reuters.com/article/idUSN2710347720100527?type=marketsNews AEP to run 10 old coal units part-time due economy * AEP to reduce costs by running units part-time * Units to remain available for peak summer/winter months * Units did not run much over past few years NEW YORK, May 27 (Reuters) - American Electric Power Co Inc (AEP.N) planned to run 10 small coal-fired power units on a part-time basis starting in June as the weak economy reduced demand and low natural gas prices have made the use of some coal units less profitable, a company spokesman said Thursday. The spokesman, Pat Hemlepp, said AEP, of Columbus, Ohio, would place the coal units, which are older, smaller and less efficient, in "extended start-up" status beginning June 1 and redeploy some employees. With the federal government looking to impose a cost on carbon emissions to combat global warming and environmental regulations becoming increasingly stringent year over year, several power companies, including Exelon Corp (EXC.N) and Progress Energy Inc (PGN.N), have already announced plans to retire some older, less efficient coal plants. Hemlepp said this was part of AEP's effort to reduce costs after the recession reduced consumer power demand and a decline in natural gas prices made gas plants less expensive than the older coal units in the company's Eastern footprint. In April, AEP said it would launch a companywide buyout program to cut its workforce by 1,000 to 2,000 jobs, or 5 percent to 10 percent, as the poor economy continued to squeeze power demand. [ID:nN15255252] Together the units, which Hemlepp said have not run much over the past few years, can generate close to 2,000 megawatts - only a small sliver of AEP's 38,000 MW generating capacity. One megawatt powers about 1,000 homes. AEP plans to make the old coal units available during the peak summer months of July and August when consumers crank up their air conditioners and January when they turn up their heating systems. During the other months, Hemlepp said the units would be available to run with about four days notice. The units include: Unit Size Year Town/County State Picway 5 100 MW 1955 Pickaway County OH Muskingum River 4 215 MW 1958 Beverly OH Clinch River 3 235 MW 1961 Carbo VA Tanners Creek 1 145 MW 1951 Lawrenceburg IN Tanners Creek 2 145 MW 1952 Lawrenceburg IN Glen Lyn 5 95 MW 1944 Glen Lyn VA Glen Lyn 6 240 MW 1957 Glen Lyn VA Philip Sporn 3 150 MW 1951 New Haven WV Philip Sporn 4 150 MW 1952 New Haven WV Philip Sporn 5 450 MW 1960 New Haven WV Hemlepp noted that some of the plants have larger, more efficient units that will remain available for service all year. (Reporting by Scott DiSavino) Check out the Valley Watch website at: http://valleywatch.net John Blair "First they ignore you, then they laugh at you, then they fight you, then you win." Mahatma Gandhi 800 Adams Avenue Evansville, IN 47713 812-464-5663 In accordance with title 17 U. S. Code, Section 107, this material is distributed without profit to those who have expressed a prior general interest in receiving similar information for research and educational purposes. _______________________________________________ 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…

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Fw: Environmental Law Institute
by Jim Sconyers 24 May '10

24 May '10

Ash panel talk. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Sam Flenner <samf.environmentalintegrity(a)GMAIL.COM> To: COAL-COMBUSTION-WASTE(a)LISTS.SIERRACLUB.ORG Sent: Mon, May 24, 2010 9:33:05 AM Subject: Environmental Law Institute New EPA Coal Ash Rules: Understanding the Options WHEN: June 17, 2010, 12:00 PM to 2:00 PM (Speaking will begin promptly at 12:15 PM) WHERE: Environmental Law Institute 2000 L Street, NW, Suite 620 (Sixth Floor) Washington, DC 20036 Click here for directions. RSVP: To reserve, e-mail mcmurrin(a)eli.org. Please reserve by June 15. There is no charge for ELI members to attend or participate by teleconference, but you must RSVP. Non-members must pay $25, Students are $10. Non-members must download and return this form. Conference call information will be emailed out one business day prior to the event. On May 4, the U.S. Environmental Protection Agency announced for comment the first-ever federal ruleto ensure the safe disposal and management of coal ash from coal-fired power plants. The rule requires protective controls and oversight at landfills and surface impoundments, and is intended to promote environmentally safe and desirable forms of recycling coal ash. The proposal suggests two approaches for addressing coal ash management risks under the Resource Conservation and Recovery Act (RCRA). One would classify coal ash as nonhazardous waste, which may help promote recycling and keep storage costs lower. The second approach would classify coal ash as hazardous waste, requiring measures to minimize health risks from heavy metals and other contaminants. The panel will discuss the background and features of the rule, possible benefits and drawbacks of each option, and the role of recycling. This is a brown-bag lunch event. Please check back later for confirmed faculty! -- Samuel E. Flenner III Outreach Associate Environmental Integrity Project samf.environmentalintegrity(a)gmail.com 317.352.2339 c-317.850.0436 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Fw: Fwd: Do they know?
by Jim Sconyers 21 May '10

21 May '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Paul Wilson <pjgrunt(a)gmail.com> To: Melissa Boyer <uniquemo77(a)yahoo.com>; Tom Baughman <tbaughman(a)netscape.com>; grafforcongress(a)gmail.com; Jim Sconyers <jim_scon(a)yahoo.com> Sent: Fri, May 21, 2010 10:33:07 AM Subject: Fwd: Do they know? here's some info on Operation Free and the Truman Project. One organization Veterans Green Jobs has received a grant from Sierra Club. their link is www.veteransgreenjobs.org Operation Free has a postcard campaign targeting senators. You can get postcards from this guy Jonathan. best, paul ---------- Forwarded message ---------- From: Jonathan Murray, Operation Free <opfreeinfo(a)gmail.com> Date: Thu, May 20, 2010 at 11:47 AM Subject: Do they know? To: pjgrunt(a)gmail.com Paul, You know we could keep $100 million away from Iran every day by passing the American Power Act. You know that energy, climate, and national security are inextricably linked - and so do 79% of Iraq and Afghanistan veterans. But does your Senator know? Does your neighbor? We've got a way for you to make sure both know. Take real grassroots action and make sure they know. We've ordered thousands of petition postcards and we're ready to put some in the mail for you to share with your family, friends and neighbors. Here's how it works: We send you pre-stamped blank petition postcards, your friends fill them out and drop them in the mail, and we'll have a veteran deliver them to your Senator all at one time. Simple, right? If every one of our supporters requested 15 post cards, we could deliver an impressive stack to all 100 Senators. This is your chance to become part of the team. Request as many postcards as you want and we'll rush them to you immediately. 15, 30… maybe even 100! If you can get your friends, family, neighbors, and co-workers to fill them out, we'll send 'em. Are you ready to take that next step and become one of our most important local organizers? Things happen in Washington when Americans across the country step up and push back against business-as-usual and well-funded lobbyists. This is how we do it - with your help. Join the veterans who are taking a stand to protect our energy security and start helping today. Welcome to the Team, Jonathan Murray Click here to unsubscribe -- 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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Temporary Job Announcement: ARC Research Intern
by Frank Young 18 May '10

18 May '10

Summer Position Announcement: ARC Research Intern, Research and Planning Division Closing Date: June 1, 2010. The Appalachian Regional Commission (ARC) is a regional economic development agency that represents a partnership of federal, state, and local governments. Established by an act of Congress in 1965, ARC is composed of the governors of the 13 Appalachian states and a federal co-chair, who is appointed by the president. Local participation is provided through multi-county local development districts. ARC funds economic development projects that address the four goals identified in the Commission's strategic plan: 1. Increase job opportunities and per capita income in Appalachia to reach parity with the nation. 2. Strengthen the capacity of the people of Appalachia to compete in the global economy. 3. Develop and improve Appalachia's infrastructure to make the Region economically competitive. 4. Build the Appalachian Development Highway System to reduce Appalachia's isolation. Each year ARC provides funding for several hundred projects in the Appalachian Region, in areas such as business development, education and job training, telecommunications, infrastructure, community development, housing, and transportation. These projects create thousands of new jobs; improve local water and sewer systems; increase educational opportunities; expand access to health care; assist local communities with strategic planning; and provide technical and managerial assistance to emerging businesses. The Research and Planning Division compiles and analyzes socioeconomic data for the Appalachian Region, creating technical maps and reports and supervising original research of key economic, demographic, and quality of life factors that affect economic development prospects in the region. Our data, maps, reports, and research studies are available at www.arc.gov/research. The Division is currently undertaking a project to improve the quality and efficiency of the performance evaluation and reporting process related to ARC-supported projects, with a long-term goal of enhancing the agency’s reporting capabilities to the federal government and the public. We are seeking a summer intern who is organized, detail-oriented, and highly proficient in Microsoft Excel to assist with this effort. The intern will review ARC projects and systematically assess their impact on quality of life measures for individuals, households, and communities throughout Appalachia. Applicants should be knowledgeable about data management and quality control issues. Background in economic development and the Appalachian region would be helpful. Familiarity with Microsoft Access is a big plus, and the ideal candidate would be able to create or support database-driven solutions and applications. The position is full-time, M-F 8:30-5:00, and will extend up to 12 weeks, beginning as soon as possible. The position is open to recent college graduates and graduate students. Pay is $16-20 per hour depending on qualifications. The position is located at our Washington DC office near Dupont Circle. How to Apply. Applicants should email a resume and a cover letter addressing the specific qualifications outlined above to Human Resources at: hr(a)arc.gov or fax your application to (202)884-7691. Closing Date: June 1, 2010. The Appalachian Regional Commission is an equal opportunity employer -- Janet Keating, Executive Director Ohio Valley Environmental Coalition P.O. Box 6753 Huntington, WV 25773-6753 304.522.0246 phone 304.522.4079 fax www.ohvec.org www.sludgesafety.org www.wvoter-owned.org

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Fw: Fwd: Conso Coal Taking Our Homes
by Jim Sconyers 17 May '10

17 May '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "pastdjlj(a)aol.com" <pastdjlj(a)aol.com> To: jim_scon(a)yahoo.com Sent: Mon, May 17, 2010 7:56:41 PM Subject: Fwd: Conso Coal Taking Our Homes -----Original Message----- From: pastdjlj(a)aol.com To: jim(a)aol.com; scon(a)yahoo.com Sent: Mon, May 17, 2010 7:53 pm Subject: Fwd: Conso Coal Taking Our Homes -----Original Message----- From: pastdjlj(a)aol.com To: jimscon(a)yahoo.com Sent: Mon, May 17, 2010 7:52 pm Subject: Fwd: Conso Coal Taking Our Homes -----Original Message----- From: pastdjlj(a)aol.com To: jim(a)aol.com; scon(a)yahoo.com Sent: Mon, May 17, 2010 7:49 pm Subject: Conso Coal Taking Our Homes Dear Sir, We are hearing that Consol Coal is planning to purchase our homes on Mozart Meadows to expand their gob pile that they reclaimed years ago. Apparently they need this expansion to go with the increased production from their shoemaker mine in Benwood WV. They have already destroyed much of the hilltop above Bogge Run and now they seem to be planning to run off all of us that live on the hilltop on the other side. We are hearing that not only are they looking at our lane but two other lanes as well. They seem to be only talking to individuals one on one and keeping everyone else in the dark. Does your organization have any information on this? Looking down on the old gob pile that now is a meadow and a home to wildlife it is hard to believe that it and our beautiful neighborhood could soon become an ugly gob pile and disgusting waste pond that swallowed up wildlife and family pets in the past. Any information would be helpful. Thank you, John M. Pastorius 30 Mozart Meadows Wheeling, WV 26003

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Fw: ALERT! Defend West Virginia's Waterways
by Jim Sconyers 17 May '10

17 May '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Chris Craig <ccraig(a)laurellodge.com> To: Regina Hendrix <regina1936(a)verizon.net>; Jim Sconyers <jim_scon(a)yahoo.com>; Paul Wilson <pjgrunt(a)gmail.com> Sent: Mon, May 17, 2010 1:20:43 PM Subject: FW: ALERT! Defend West Virginia's Waterways National Audubon Society This was the first I’d heard of this, though I’m probably behind the times. Have we taken any action on it? Chris Craig ________________________________ From:Audubon [mailto:audubonaction@audubon.org] Sent: Monday, May 17, 2010 11:23 AM To: ccraig(a)laurellodge.com Subject: ALERT! Defend West Virginia 's Waterways Trouble reading this e-mail? View it online. The Dunkard Creek Tragedy Need Never Happen Again Comments Needed to Protect our Streams and Creeks Dear Chris, Fish and mussels were wiped out by the golden algae bloom. Send a letter to the West Virginia Department of Environmental Protection and demand clean water protections. Photo courtesy of Deborah Fulton In September 2009, disaster struck West Virginia . That’s when golden algae (Prymnesium parvum) struck Dunkard Creek, a stream which meanders along the West Virginia-Pennsylvania border roughly 90 miles south of Pittsburgh . A massive fish kill and complete kill of mussels resulted. The loss of food and habitat is also affecting birds and other wildlife. This was the first case of golden algae in the mideastern U.S. The algae, typically a marine organism, produces a toxin that kills gill-breathing organisms. State agencies which investigated the fish kill are in agreement that high Total Dissolved Solids (TDS) discharged from Consol coal mines, created the brackish environment which allowed the algae to thrive in what had been a freshwater stream. Please send an email to the West Virginia Department of Environmental Protection (WVDEP) today. Let them know you care about West Virginia 's creeks and streams, and the fish, birds and other wildlife that depend on them. Tell them allowing companies to pollute our streams is unacceptable. Since the Dunkard Creek event, golden algae has been discovered in Whitely Creek in PA and several other streams in WV. Twenty streams and rivers in WV have golden-algae-friendly high TDS levels and the algae may potentially be carried to other streams by human activity and by wildlife. Eradication of golden algae is not possible, as the organism can lie dormant until conditions are once again favorable for growth. The only known means of control is to improve water quality by limiting algae-friendly TDS levels. WVDEP recently announced that they are considering establishment of a long overdue TDS standard for streams in West Virginia and are soliciting public comment. Please contact WVDEP now and ask them to implement water pollution control standards that will protect all our streams, and the fish, birds, wildlife — and communities — that depend upon a healthy environment. The West Virginia Department of Environmental Protection, in a series of extensions starting in 2002, allowed Consol to avoid compliance with in-stream limits on chloride levels required under the Clean Water Act — pollution that caused the disastrous collapse of Dunkard Creek. It could have been averted had the Clean Water Act standards been enforced. ________________________________ Do you know someone else who cares about protecting West Virginia 's waterways and the wildlife that depend on it? Help us to spread the word: Tell-a-friend! Trouble with the "Take Action" links in the message? Try cutting-and-pasting this link into your web browser: www.audubonaction.org/site/Advocacy?id=851 National Audubon Society Public Policy Program 1150 Connecticut Avenue NW, Suite 600 , Washington , DC 20036 (202) 861-2242 | audubonaction(a)audubon.org Change your contact information | Unsubscribe

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Fw: need fly ash samples
by Jim Sconyers 17 May '10

17 May '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Lisa Graves-Marcucci <lisagmarcucci(a)GMAIL.COM> To: COAL-COMBUSTION-WASTE(a)LISTS.SIERRACLUB.ORG Sent: Mon, May 17, 2010 10:14:28 AM Subject: need fly ash samples Hi all, I am working with a team of researchers at the University of Pittsburgh's Graduate School of Public Health. The research team is looking to obtain (5) fly ash samples from various sites throughout the country. If you have a fly ash sample - or are able to obtain one - please let me know and I will put you in touch with the research team. Many thanks, LGM -- Lisa Graves Marcucci Environmental Integrity Project PA Coordinator, Community Outreach 123 Oakwood Drive Jefferson Hills, PA 15025 412-655-0261 412-897-0569 (cell) lisagmarcucci(a)gmail.com - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-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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Fwd: Emergency Action: Fire Don Blankenship
by Paul Wilson 15 May '10

15 May '10

here's something everyone can do to put a little pressure on the Massey stock holders. best, paul ---------- Forwarded message ---------- From: Manny Herrmann, American Rights at Work < action(a)americanrightsatwork.org> Date: Sat, May 15, 2010 at 9:06 AM Subject: Emergency Action: Fire Don Blankenship To: Paul Wilson <pjgrunt(a)gmail.com> <http://www.americanrightsatwork.org> Dear Paul, *The West Virginia miners didn't have to die. * We know it – and at Massey Energy's annual meeting this *Tuesday,* we have a chance to do something about it. *Tell Massey shareholders: Fire Don Blankenship!<http://action.americanrightsatwork.org/campaign/fire_blankenship/3ui55un9l7…> * Last month, 29 miners died in a tragedy that was completely preventable. *That should have been reason enough to fire CEO Don Blankenship immediately.* But he's still at the helm of Massey Energy, and every day he stays on, he continues to endanger his workers. So this Tuesday, at Massey's annual shareholder meeting, mineworkers, union leaders, and community leaders will be protesting Don Blankenship's callous disregard for human life. *We've put together a petition to send a strong message to Massey Energy shareholders and corporate leaders when they meet Tuesday. Can you help us collect at least 10,000 signatures by MIDNIGHT MONDAY? **Sign now: Tell Massey shareholders to fire Don Blankenship!*<http://action.americanrightsatwork.org/campaign/fire_blankenship/3ui55un9l7…> Don Blankenship's track record includes: ignoring safety regulations, intimidating workers, and spending millions to elect *judges* who will protect his interests. And he even helps lead the U.S. Chamber of Commerce in its anti-worker campaigns!1,2 *He clearly put profits before safety. That should have been reason enough for Massey's board to find a new CEO.* But since the blood of 29 miners wasn't enough for Massey's board to take immediate action to fire him, hopefully the 30% drop in Massey's stock will give them another reason. That's right – Massey's stock is down more than 30% since the Upper Big Branch disaster, and Blankenship is *still *CEO. That's why – in addition to hundreds of mine workers, union leaders, and allies – big institutional shareholders are speaking up, too. Will you add your voice? *Tell Massey shareholders: Do the right thing and fire Don Blankenship!<http://action.americanrightsatwork.org/campaign/fire_blankenship/3ui55un9l7…> * While firing Blankenship won't give even a measure of justice to the families who lost loved ones in this horrific tragedy, every day he stays as CEO is a slap in the face – a painful reminder of the human cost of corporate greed. We can hold him accountable. *Tell Massey Energy: Blankenship has to go!*<http://action.americanrightsatwork.org/campaign/fire_blankenship/3ui55un9l7…> Thanks so much for all you do for workers' rights. Sincerely, Manny, Liz, and the American Rights at Work team P.S. If Don Blankenship loses his job as the CEO of Massey, he'll almost certainly lose his seat on the board of the U.S. Chamber of Commerce, too. That'll send a powerful message that corporate America can't ignore: a callous, low-road, anti-worker approach to management is not the way to go. Please *take action now – call on Massey's board to fire Don Blankenship and replace him with someone who cares about worker safety.*<http://action.americanrightsatwork.org/campaign/fire_blankenship/3ui55un9l7…> 1 http://seminal.firedoglake.com/diary/40533<http://action.americanrightsatwork.org/ct/c1vCFl11rBMA/> 2 http://www.uschamber.com/about/board/all.htm<http://action.americanrightsatwork.org/ct/cdvCFl11rBMM/> This message was sent to pjgrunt(a)gmail.com. Visit your subscription management page<http://action.americanrightsatwork.org/aaraw/smp.tcl?nkey=3ui55un9l7mxb8it&>to modify your email communication preferences or update your personal profile. To stop receiving American Rights at Work E-Activist Alerts, click to unsubscribe<http://action.americanrightsatwork.org/aaraw/remove-domain-direct.tcl?ctx=s…>. To stop ALL email from American Rights at Work, click to remove<http://action.americanrightsatwork.org/aaraw/remove-domain-direct.tcl?ctx=c…>yourself from our lists (or reply via email with "remove or unsubscribe" in the subject line). -- 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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Fw: Our Work Starts Now!
by Jim Sconyers 14 May '10

14 May '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Jim Sconyers <jim_scon(a)yahoo.com> To: Jim Sconyers <jim_scon(a)yahoo.com> Sent: Thu, May 13, 2010 7:35:44 AM Subject: Fw: Our Work Starts Now! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "Sarah Hodgdon, Sierra Club" <membership.services(a)sierraclub.org> To: jim_scon(a)yahoo.com Sent: Wed, May 12, 2010 8:30:36 PM Subject: Our Work Starts Now! Sierra Club View a web version of this email. Dear Jim, The oil disaster in the Gulf… the coal-mining disaster in West Virginia… enough is enough! Photo courtesy of U.S. Coast Guard Demand that Your Senators Lead the Way to Pass Strong Climate and Energy Legislation. Over the past two weeks, we have all watched the BP oil disaster unfold in the Gulf Coast, and Americans across the country have shown their solidarity with coastal communities grappling with the devastation to their economy and environment. We must break our addiction to the dirty, dangerous fossil fuels that led to the tragedy in the Gulf. Tell your senators we need to put America back in control of our energy future by ending our reliance on dirty, dangerous, and deadly fossil fuels. Today, Senators Kerry and Lieberman introduced a climate proposal that can serve as the foundation on which to build a clean energy economy that no longer relies on oil and coal -- but only if the bill is substantially improved and strengthened. Our leaders in the Senate must seize this opportunity to strengthen their draft legislation into a final bill that will unchain us from dirty energy sources. Demand that your senators lead the effort to move us toward a clean energy future. Last month's coal mine tragedy in West Virginia and the oil disaster in the Gulf make it clear -- we cannot allow dirty energy companies to continue setting the agenda in Washington while putting our health, our safety, our economy, and our national security at risk. Our work starts now -- contact your senators today and tell them to stand up to pressure from the dirty energy lobby and end our reliance on oil and coal. Thanks for all that you do to protect our environment. Sarah Hodgdon Sierra Club Conservation Director P.S. Please forward this message and help spread the word to your friends and family! If you do not wish to receive future emails like this, click here to be removed from this type of email contact. Update My Profile| Manage My Email Preferences | Update My Interests Sierra Club 85 Second St. San Francisco, CA 94105

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Fwd: Fw: Since spill, feds have given 27 waivers to oil companies in gulf | McClatchy
by James Kotcon 11 May '10

11 May '10

This is an on-going news story. Although Obama says there is a moratorium on oil leasing, it does not appear that the Mineral Management Service has gotten the memo. JBK

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Fwd: Fw: We Can't Fight Global Warming Blindfolded
by James Kotcon 11 May '10

11 May '10

To: Energy Committee This is a pretty important initiative, one that could go a long way toward solving many of our energy issues. I recommend that someone take a look at this and try drafting a response letter. I am very interested and will assist, but this is an opportunity for someone who wants to step up their involvement. It is a short-term project, but one with a potentially big impact. Who wants to "Take It To The Next Level!"? JBK

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Fw: We Can't Fight Global Warming Blindfolded
by Jim Sconyers 11 May '10

11 May '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "Mary Anne Hitt, Sierra Club" <membership.services(a)sierraclub.org> To: jim_scon(a)yahoo.com Sent: Mon, May 10, 2010 9:03:03 PM Subject: We Can't Fight Global Warming Blindfolded Sierra Club View a web version of this email. Jim, Tell CEQ it's Time for Federal Agencies to Start Factoring Climate into their Decisions. Environmental impacts studies are a key tool that federal agencies use to evaluate the possible environmental costs of the permits they issue and the work they do. However, climate change is rarely factored into these decisions, allowing projects like coal power plants and mega-highways to move forward without owning up to their real impacts. But the White House Council on Environmental Quality (CEQ) is working to change this, and they need your help. Let CEQ know that you support their work to make climate change a factor in the decision making process by sending a public comment today. Environmental disasters happen because we turn a blind eye to the risks. The BP oil disaster that is unfolding in the Gulf? The Deepwater Horizon was exempted from a detailed environmental impact study because three reviews concluded that a spill was "unlikely."1 We cannot allow an oversight like this to occur again, and yet they happen every day because federal agencies are allowed to ignore the greatest threat to our environment -- global warming. Tell CEQ we cannot wait any longer for new guidance requiring agencies to evaluate the risk to our climate when making decisions. The new guidance that CEQ proposed isn't perfect. It exempts land management decisions from climate analysis, meaning efforts to cut forests or plow under prairies can move forward without addressing the critical role our wild places play in trapping carbon pollution. Thank CEQ for starting the process by proposing to require climate be included in the decision making process, and tell them to finish the job by closing the loophole for land management. Thanks for all that you do to protect the environment. Mary Anne Hitt Sierra Club Big Picture Campaign P.S. Please forward this message and help spread the word to your friends and family! [1] "U.S. exempted BP's Gulf of Mexico drilling from environmental impact study," Juliet Eilperin, The Washington Post: May 10, 2010. If you do not wish to receive future emails like this, click here to be removed from this type of email contact. Update My Profile| Manage My Email Preferences | Update My Interests Sierra Club 85 Second St. San Francisco, CA 94105

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NYTimes: In Backing Clean Energy Start-Ups, Fund Looks for Longer Résumés
by William DePaulo 11 May '10

11 May '10

From The New York Times: In Backing Clean Energy Start-Ups, Fund Looks for Longer Résumés Virgin Green Fund, an investment firm backed by Richard Branson, is investing in established companies, with better odds, instead of looking for home runs. http://nyti.ms/akOzvH Get The New York Times on your iPhone for free by visiting http://itunes.com/apps/nytimes William V DePaulo, Esq 179 Summers Street #232 Charleston WV 25301-2163 Tel 304-342-5588 Fax 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Fwd: EPA announces coal ash rule today!
by Paul Wilson 07 May '10

07 May '10

might be worthwhile to get out a chapter alert on either CONVIO or just on the Chapter website? best, paul ---------- Forwarded message ---------- From: Lyndsay Moseley <Lyndsay.Moseley(a)sierraclub.org> Date: Tue, May 4, 2010 at 2:39 PM Subject: EPA announces coal ash rule today! To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org All: EPA finally proposed new safeguards for toxic coal ash today! After a quick review, EPA has proposed two options for regulation of coal ash under the Resource Conservation and Recovery Act (RCRA), and is seeking public comment on both options. The first option designates coal ash as a "special waste" under Subtitle C of RCRA and would provide the kind of federally enforceable safeguards we've been advocating for to adequately protect the public from toxic coal ash. The other option regulates coal ash under Subtitle D of RCRA and the other treats toxic coal ash (which contains potentially dangerous levels of arsenic, lead, and other heavy metals) less stringent than household garbage. Both the science and past failures of the patchwork of state-based regulations call for the stronger, federal protections. There will be a 90-day public comment period during which Sierra Club will be working hard to call on EPA to adopt the most protective safeguards. Stay tuned! Here is a link to the proposed rule: http://www.epa.gov/osw/nonhaz/industrial/special/fossil/ccr-rule/ccr-rule-p… Best, Lyndsay Lyndsay Moseley Washington Representative Sierra Club, Beyond Coal Campaign 408 C St. NE Washington, DC 20002 tel: 202-548-4581 fax: 202-547-6009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 "In all things of nature there is something of the marvelous" ~ Aristotle

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Coal CEO''s swagger .... strong-interesting piece by Susanna Rodell
by Frank Young 06 May '10

06 May '10

This was one of the posts in Vivian Stoickman's daily list for OVEC website. Many of us remember Susanna Rodell from her former work with the Charleston (WV) Gazette...... http://www.ajc.com/opinion/the-swagger-behind-a-520788.html The swagger behind a mining tragedy By Susanna Rodell 7:15 p.m. Wednesday, May 5, 2010 After I signed on as editorial page editor of the Charleston Gazette, West Virginia’s premier newspaper, the first visitor to the editorial board was Massey Energy CEO Don Blankenship. I arrived in 2003, and I’d been mostly delighted with this quirky, gorgeous and still isolated piece of America. But I quickly bumped up against West Virginia’s dark side: the ravages of coal mining. The mountains were being raped. Mountaintop removal was destroying much of the last wild landscape in the eastern U.S. “Mountaintop removal,” by the way, is a terrible misnomer, since it creates the impression that it’s simply a matter of slicing the tops off some remote peaks. In fact, the practice systematically destroys entire mountains, reducing them to rubble that then chokes the surrounding valleys, creating thousands of acres of decimated, dead landscape. And the main character in this ongoing drama, I was informed — a man who could have come from Central Casting in the role of old-fashioned mustachioed Bad Guy — was Blankenship. He arrived at our office with a PR guy in a green suit and regaled our little gathering with his Local Boy history: childhood in rural Mingo County, graduation from West Virginia University, working his way up from the bottom of the industry. He then told us he thought it would be only fitting for us to give him a regular column. We didn’t do that. We told him we’d be happy to treat him as any other member of the community and consider any contribution to our op-ed page, but that we weren’t in the habit of handing out weekly space to anyone who asked for it. To him, I’m sure, it only seemed fair that he should have his own regular forum in the paper to “balance” the aggressive and dedicated reporting of our coal beat reporter, Ken Ward. What I remember most about the encounter, however, was Blankenship’s quiet arrogance: He was clearly a man used to getting what he wanted and utterly convinced of his right to walk into the local newspaper and demand a forum. Once he figured out that wasn’t going to happen, we paid a price: He slapped the paper with a $300 million defamation suit. He lost the suit eventually, but it cost our little paper dearly in legal fees. And in the intervening time, he would ruin the career of a state Supreme Court judge who ruled against his company in environmental suits, spending millions to promote the election of an unknown lawyer who then ruled in his favor. For a while, it seemed Blankenship would have his way. The Bush administration had stacked the Mining Safety and Health Administration and the EPA with industry-friendly types who weren’t much interested in enforcing environmental or safety regulations. Ward’s reporting at the Gazette doggedly pointed this out, along with the tragic results. >From time to time, as in 2007 with the Sago disaster, national attention would briefly be focused on West Virginia. But only briefly. And in my subsequent forays into the world beyond those mountains, I found it nearly impossible to get anyone to listen to the story. Beyond the mountains, West Virginia seemed to exist only as an amusing stereotype: pretty scenery and poor people, some of them coal miners. Not really a part of 21st-century America. That isolation helped Blankenship. For years it seemed no one outside the state cared that he had succeeded in buying his own justice. It also helped the man to believe in his own mythology. For a few years, he seemed invincible. Then two things happened: The U.S. Supreme Court ruled last year that Brent Benjamin, the judge elected with the benefit of Blankenship’s largesse, should have recused himself from ruling in a suit involving Massey. Then came the explosion at Montcoal, killing 29 miners, the worst U.S. coal-mining disaster in 40 years, and subsequent revelations about Massey’s safety record. And now the FBI has opened a criminal investigation into the Massey tragedy; several news outlets report that it includes allegations of bribery of state and federal inspectors. Blankenship is not the only character in this story. Last week, two miners were killed in a roof collapse at a mine in Kentucky. The Kentucky mine belongs to another company, and the neglect of Appalachia is a theme in American history. But the Massey CEO’s aggressive tactics, combined with the recent anti-regulatory atmosphere in Washington, helped perpetuate both environmental and human disasters. West Virginia’s coal industry likes to tout itself as the lifeblood of the state’s economy. Too much government interference, the coal apologists love to assert, will cripple a state whose economy is already close to the weakest in the nation. But as a former colleague reminded me this week, there are now more nurses in the state than coal miners. This year, with a nonfarm work force of about 730,000, mining and forestry combined only employed 27,900. Coal only accounts for about 7 percent of the gross state product. In fact, coal is probably more important to the rest of the country than it is to West Virginians. Most of the relatively cheap electricity we depend on comes from coal. Thanks to automation (including the scary, stories-high machines that efficiently chew up the mountains), more coal is mined today with fewer workers. All those “clean” cars we intend to plug in will have to get their power from somewhere: chances are, from coal-fired plants. So yes, while the swaggering Blankenship deserves considerable blame, there’s another enemy in this story: the one we see in the mirror. The least we can do, as participants in this drama, is to remember who’s risking their lives to keep our lights on, and encourage our lawmakers to keep up the pressure on Big Coal and its enablers to clean up their act. Make sure they can’t hide behind the mountains any more. Susanna Rodell lives in Milton.

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NYTimes.com: No Fooling Mother Nature
by william.depaulo＠gmail.com 05 May '10

05 May '10

This page was sent to you by: william.depaulo(a)gmail.com. OPINION | May 05, 2010 Op-Ed Columnist: No Fooling Mother Nature By THOMAS L. FRIEDMAN After the oil spill in the gulf, an energy/climate/jobs bill is needed more than ever. America has to stop messing around with the environment's future. http://www.nytimes.com/2010/05/05/opinion/05friedman.html?emc=eta1 ---------------------------------------------------------- ABOUT THIS E-MAIL This e-mail was sent to you by a friend through NYTimes.com's E-mail This Article service. For general information about NYTimes.com, write to help(a)nytimes.com. NYTimes.com 620 Eighth Avenue New York, NY 10018 Copyright 2010 The New York Times Company

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FW: EPA announces coal ash rule today!
by Grubb, Karen 04 May '10

04 May '10

Should we do a future Convio on this topic? -----Original Message----- From: Announcements from the National Coal Campaign team. [mailto:COAL-CAMPAIGN-ALERTS@LISTS.SIERRACLUB.ORG] On Behalf Of Lyndsay Moseley Sent: Tuesday, May 04, 2010 2:39 PM To: COAL-CAMPAIGN-ALERTS(a)LISTS.SIERRACLUB.ORG Subject: EPA announces coal ash rule today! All: EPA finally proposed new safeguards for toxic coal ash today! After a quick review, EPA has proposed two options for regulation of coal ash under the Resource Conservation and Recovery Act (RCRA), and is seeking public comment on both options. The first option designates coal ash as a "special waste" under Subtitle C of RCRA and would provide the kind of federally enforceable safeguards we've been advocating for to adequately protect the public from toxic coal ash. The other option regulates coal ash under Subtitle D of RCRA and the other treats toxic coal ash (which contains potentially dangerous levels of arsenic, lead, and other heavy metals) less stringent than household garbage. Both the science and past failures of the patchwork of state-based regulations call for the stronger, federal protections. There will be a 90-day public comment period during which Sierra Club will be working hard to call on EPA to adopt the most protective safeguards. Stay tuned! Here is a link to the proposed rule: http://www.epa.gov/osw/nonhaz/industrial/special/fossil/ccr-rule/ccr-rul e-prop.pdf Best, Lyndsay Lyndsay Moseley Washington Representative Sierra Club, Beyond Coal Campaign 408 C St. NE Washington, DC 20002 tel: 202-548-4581 fax: 202-547-6009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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/

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Fwd: WVNS story: When Out-Of-State Companies Drill For Gas, What Does WV Get?
by Paul Wilson 03 May '10

03 May '10

fyi, paul ---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Mon, May 3, 2010 at 5:58 AM Subject: WVNS story: When Out-Of-State Companies Drill For Gas, What Does WV Get? To: PaulWilson <pjgrunt(a)gmail.com> Public News Service-WV May 03, 2010 When Out-Of-State Companies Drill For Gas, What Does WV Get? CHARLESTON, W.Va. - Workers and residents are asking how much West Virginia is getting out of the drilling boom in the huge Marcellus Shale natural gas field. Three union locals - operating engineers, pipeline welders and laborers - are picketing a Marshall County processing station. Donnie Huff with Local 132 of the *International Union of Operating Engineerssays* says it's part of an enormous pipeline system being built by a Texas company, Caiman Energy, along the Ohio valley. It's supposed to employ thousands, but so far, Huff says, the jobs are going to workers from Texas and Oklahoma. "Like the timber industry, they raped West Virginia, exported everything. Same thing happened with the coal industry - 90 percent of it is going out of state. It's time West Virginia gets something for our natural resources." An official with a natural gas trade group says many of the Marcellus jobs are going to West Virginians, and that Caiman has used West Virginia contractors in the past. But in some cases, he says, the jobs require special skills that the local workforce lacks. Huff disagrees, saying highly skilled local workers could fill all the jobs. "Pipeline welders, UA tradespeople, pipeline operators, station operators, building trade operators - yeah, we could man all their work." The gas drilling boom also strains resources in rural counties, and it's unclear how much it adds to the tax base. Ray Renaud, with the *Wetzel County Action Group*, is also a volunteer firefighter. He says they've had good results talking to Chesapeake Energy about some transportation issues, but the boom definitely adds to the need for emergency services. "Now, our call volumes have increased rather dramatically. With all this road volume, our accident rates are very high and there are also accidents on well sites that we have to respond to." Caiman Energy did not return a call requesting comment. Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/13747-1<http://www.publicnewsservice.org/index.php?/content/article/13747-1> --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org <remove(a)publicnewsservice.org?subject=remove>and put the word "remove" in the subject line. -- 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: WVNS story: Miners Claim Massey Safety Priority is "The Big Lie"
by Paul Wilson 29 Apr '10

29 Apr '10

fyi, paul ---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Thu, Apr 29, 2010 at 3:57 AM Subject: WVNS story: Miners Claim Massey Safety Priority is "The Big Lie" To: PaulWilson <pjgrunt(a)gmail.com> Public News Service-WV April 29, 2010 *Miners Claim Massey Safety Priority is "The Big Lie"* CHARLESTON, W.Va. - A member of the Massey Energy board of directors says the charge that the company trades safety for profit is "the big lie" being told by unions and trial lawyers. But in the month since 29 miners died in Massey's Upper Big Branch mine, dozens of current and former company employees have criticized the company in the press and in testimony to Congress. Many have refused to give their names, but some, like former Massey miner Chuck Nelson of Glen Daniel, are speaking publicly. Nelson worked at six different Massey mines over seven years, and he says safety practices were the same in all of them. "They broke every law in the book. They kept their men in a dead run to produce as much coal as they could. It was always production first, and safety, I would rate it way down the line." Mine safety officials say methane probably played a part in the Upper Big Branch explosion. Nelson claims he was regularly told to dismantle ventilation controls used to reduce methane concentrations. "Every day, first thing that we did was we destroyed our ventilation system by taking our line curtain down, what directs the air flow up to the miner. If you have a concentration of methane, that's what that air's for." Some miners say Massey punishes those who speak up about safety issues, which is why they refuse to give their names when speaking to reporters. Nelson confirms what they say. "Workers not allowed to complain about safety issues? That's a very accurate statement. If they do speak out, there will be repercussions took against them." Massey spokesmen insist the company emphasizes safety and follows all regulations, but figures show that in the last decade, the company has had more than twice as many fatal accidents as any other mine operator. Massey has not responded specifically to Nelson's allegations. A *West Virginia News Service* reporter first spoke to Nelson about the breaking of black lung rules on Dec. 9, 2009. A copy of that story is available at www.publicnewsservice.org<http://www.publicnewsservice.org/index.php?/content/article/11703-1>. Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/13708-1<http://www.publicnewsservice.org/index.php?/content/article/13708-1> --- -- 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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NYTimes: Failure Is Not an Option
by William DePaulo 29 Apr '10

29 Apr '10

From The New York Times: OP-ED COLUMNIST: Failure Is Not an Option While our lawmakers in Washington are stalling on a bipartisan climate/ energy/jobs bill, Beijing is celebrating. http://nyti.ms/aT0U6i Get The New York Times on your iPhone for free by visiting http://itunes.com/apps/nytimes William V DePaulo, Esq 179 Summers Street #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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Vivian Stockman vs. Don Blankenship on MTR
by Frank Young 28 Apr '10

28 Apr '10

I am not sure when this took place. Part 1 http://www.youtube.com/watch?v=zshEKrYkC3Y Part 2 http://www.youtube.com/watch?v=FgcqAZpc_3c Peace, Maria Gunnoe HELP NOW @ www.mtrstopshere.com www.ohvec.org www.southwings.org www.goldmanprize.org www.ilovemountains.org "Contemplating the use of mountains and hillsides as symbols in Holy Scripture, underscores what a special gift our mountains are for the people of West Virginia. Majestic, inspiring, and, at times, intimidating, our mountains remind us of the glory of the view after the challenge of the climb. Perhaps that is why West Virginians retain a stalwart and independent character, always inspired by possibilities and undaunted by difficulties." Robert C. Byrd

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DEP News: Console monitoring of golden algae
by Jonathan Rosenbaum 28 Apr '10

28 Apr '10

============================================================ Wednesday, April 28, 2010 @ 10:59 AM ============================================================ The West Virginia Department of Environmental Protection has issued an order to Consolidation Coal Company (Consol) that establishes guidelines for how the company is to manage its Blacksville #2 and St. Leo discharges through the summer and fall. The order is a follow-up to an order issued to the company in December, which expires April 30. Under the new order, Consol is required to reduce its discharge at the St. Leo facility by 50 percent; monitor for chlorides, total dissolved solids, selenium and specific conductivity twice a month and report results to the DEP; and adhere to chloride limits of either 230 or 860 mg/l, based on stream flow. The company will continue to monitor for golden algae weekly at 16 different sampling sites and if the algae is detected, the company is to notify the WVDEP as soon as it obtains the results, and the sampling frequency shall increase to twice per week, with results provided to the WVDEP within 4 days of sampling. “This order is written in such a way that the agency can change the parameters if the algae appear to be blooming,” said Scott Mandirola, director of the Division of Water and Waste Management. “Rather than water temperature being the variable that triggers adjustments to this order, as was appropriate during the winter months; water flow and the presence of golden algae will be the triggers that require the company to make changes during the summer and fall.” In addition, Consol is required to continue development of an enhanced wastewater treatment facility and maintain an accounting system to track the volume and disposal of all reject water generated by the reverse osmosis pilot treatment project it began under the previous order. The order is effective from midnight Friday night to October 31, 2010.

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Fwd: WVNS story: UMWA: Non-Union Miners 1/3 As Safe, 70% At Upper Big Branch Wanted Union Vote
by Paul Wilson 22 Apr '10

22 Apr '10

good story from WV Public News Service. ---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Wed, Apr 21, 2010 at 3:58 AM Subject: WVNS story: UMWA: Non-Union Miners 1 3 As Safe, 70% At UBB Wanted Union Vote To: PaulWilson <pjgrunt(a)gmail.com> Public News Service-WV April 21, 2010 UMWA: Non-Union Miners 1 3 As Safe, 70% At UBB Wanted Union Vote CHARLESTON, W. Va. - Fatal mine accidents like the one that killed 29 two weeks ago are much less likely at union mines. While 30 percent of coal miners are *United Mine Workers of America* (UMWA) members, union miners account for only ten percent of coal mine fatalities. Phil Smith, UMWA communications director, cites safety provisions in their contracts – including job protection for miners who refuse unsafe work, and union members accompanying government inspectors – as some of the reasons for the two-thirds difference. "Workers who work in union mines are statistically less likely to be involved in fatal accidents than workers who are in a non-union situation." There also is mounting evidence that Massey Energy's fight with the UMWA could have figured into the conditions at Upper Big Branch. Smith says it was a union mine before Massey bought it, but the company ran what he calls "a difficult union-busting campaign," after which the UMWA lost a tie vote. When Massey took over the mine, Smith says, seven out of ten miners there favored a union vote. He believes if the Employee Free Choice Act now being debated in Congress had been law, it would have been sufficient for the company to force recognition of the union. "With over 70 percent signed up on cards, that would have more than met the tests of the Employee Free Choice Act, by a long shot." More details are emerging about Massey's financial dealings as well. Ted Boettner, executive director of the *West Virginia Center on Budget and Policy*, says over the last three years, the company was in the 35 percent tax bracket for federal corporate income taxes, but actually paid a little less than six percent. "The high profits and low taxes paid by Massey Energy are difficult to reconcile with their inability to create a safe mine." Massey did not return repeated calls for comment. Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/13555-1<http://www.publicnewsservice.org/index.php?/content/article/13555-1> --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org <remove(a)publicnewsservice.org?subject=remove>and put the word "remove" in the subject line. -- 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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More public parks in state opened to gas drilling
by Frank Young 22 Apr '10

22 Apr '10

Blank The Marion County Commission approved a lease agreement with Chesapeake Energy on Wednesday that allows the company to drill at the Poor Farm/BMX track and on a hillside by Curtisville Lake. http://www.wvgazette.com/News/201004220242

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Fw: We Can't "Just Trust" Coal Companies
by Jim Sconyers 20 Apr '10

20 Apr '10

Carbon capture rule needs your support. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 4/19/10, Mary Anne Hitt, Sierra Club <membership.services(a)sierraclub.org> wrote: From: Mary Anne Hitt, Sierra Club <membership.services(a)sierraclub.org> Subject: We Can't "Just Trust" Coal Companies To: jim_scon(a)yahoo.com Date: Monday, April 19, 2010, 9:42 PM Sierra Club #yiv1989451034 #yiv1989451034 .normal, #yiv1989451034 , #yiv1989451034 p, #yiv1989451034 td, #yiv1989451034 tr, #yiv1989451034 h1, #yiv1989451034 h2, #yiv1989451034 h3, #yiv1989451034 h4, #yiv1989451034 h5, #yiv1989451034 h6, #yiv1989451034 ul, #yiv1989451034 li, #yiv1989451034 div, #yiv1989451034 input, #yiv1989451034 textarea, #yiv1989451034 option, #yiv1989451034 select { font-family:verdana, arial, helvetica, sans-serif;font-style:normal;} #yiv1989451034 .normal, #yiv1989451034 , #yiv1989451034 p, #yiv1989451034 td, #yiv1989451034 tr, #yiv1989451034 li, #yiv1989451034 div, #yiv1989451034 input, #yiv1989451034 textarea, #yiv1989451034 option, #yiv1989451034 select {font-size:12px;} #yiv1989451034 .normal {color:#000000;} #yiv1989451034 {background-color:#ffffff;} #yiv1989451034 #yiv1989451034 a {color:#333366;} #yiv1989451034 a:visited {color:#666666;} #yiv1989451034 a:hover {color:#3333ff;} #yiv1989451034 #yiv1989451034 .blackborder {border-color:#000000;} #yiv1989451034 #yiv1989451034 .smalltext {font-size:10px;} #yiv1989451034 .verysmalltext {font-size:9px;} #yiv1989451034 #yiv1989451034 H1, #yiv1989451034 .header { font-size:14px;color:#000000;font-weight:700;} #yiv1989451034 .issueheader { margin-bottom:5px;color:#669900;} #yiv1989451034 #yiv1989451034 H2, #yiv1989451034 .subtitle { font-size:12px;color:#669900;font-weight:700; } View a web version of this email. Jim, Ask the EPA to Carefully Monitor Leaks from CSS Operations. If we're going to fight global warming pollution, we first need to know where it's coming from. The EPA took a huge step towards holding big polluters accountable when it finalized the first greenhouse gas reporting requirements in October. Now it's time to finish the job. Send a public comment and help the EPA take on big polluters by closing loopholes that could allow coal plants to hide their emissions. Coal is dirty. There is no getting around this simple fact. But the industry wants you to believe that it can reduce its global warming impact by pumping emissions underground and keeping them there through a process called carbon capture and sequestration (CSS). CSS is expensive and largely untested. But if someone does try it, it is vital that we know whether or not the system is leaking. Tell the EPA that it's not enough to just trust that coal plants are cleaning up their act; we must monitor leaks from underground greenhouse gas storage. Under President Obama's direction, the EPA is taking a Big Picture approach to fighting global warming by bringing together the various pieces necessary to create a thorough strategy to tackle climate change. The first step was simply acknowledging the problem after eight years of inaction. Now we need to give the EPA the tools it needs to monitor large sources of global warming pollution. Knowledge is power. Show your public support for a reporting system that will give the EPA the information it needs to fight climate change. Thanks for all that you do to protect the environment. Mary Anne Hitt Sierra Club Big Picture Campaign P.S. Please forward this message and help spread the word to your friends and family! If you do not wish to receive future emails like this, click here to be removed from this type of email contact. Update My Profile | Manage My Email Preferences | Update My Interests Sierra Club 85 Second St. San Francisco, CA 94105

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Fwd: Re: [GW-ACT-LEADERS] Senators consider gasoline tax as part of climate bill
by James Kotcon 19 Apr '10

19 Apr '10

Some very interesting arguments below. I think Ned Ford makes some very credible arguments when he says that we need to talk about spending realistic amounts of money and that such spending should be discussed in the context of how much money it saves comparted to doing nothing. I also think we need to continue talking about how to end burning of coal for electricity within 20 years, and end natural gas within 5 years after that. When we make that argument, the concept of investing in energy infrastructure (power plants, transmission lines, scrubbers, etc.) that is dependent on fossil fuels makes little sense. We need to be planning for the relatively near-term shut-down of these plants, rather than investing to keep them open longer. Enjoy. JBK >>> Ned Ford <Ned.Ford(a)FUSE.NET> 4/16/2010 11:30 PM >>> Hi Dave, If you're hung up on a tax that is large enough to cause behavior change, I think you are going to have a long wait. If we separate the two unrelated concepts - a tax large enough to cause behavior change - from a tax large enough to solve global warming - we begin to have options that might really pass Congress. I can't imagine how the United States would arrive at a political decision on how to spend $500 billion per year. We only spend about a trillion dollars per year on energy - given that it can rise to almost $1.5 trillion based on the wild movements of gas or oil prices. We don't need half of that per year to eliminate fossil fuel use. Nor is there a chance that such a large amount of money could be spent responsibly. Look at how much trouble they are having spending the stimulus money. We need to spend about $18 billion on electric efficiency, which will generate about $54 billion in savings. Then we need to spend about $18 billion of those savings to supplement the $20 billion or so we are already spending on electric renewables. (We're already spending $5.4 billion on electric efficiency, and saving about $16 billion as a result, but hardly anyone knows that). That puts us on track to end coal in 20 years and natural gas five years later. We need to spend about $12 billion per year on natural gas efficiency, and work like hell to get zero energy buildings to be the standard in as few years as possible. That puts us on track to end natural gas use for heating in about forty or fifty years - we might have to use renewable electricity to heat some older buildings which can't be retrofit. We can have the highest efficiency vehicles and as many electric cars as possible, and we will still be using about half as much petroleum as we are using now. There are probably other solutions that we can develop in ten or twenty years, but I'm not sure what they are. That's about $50 billion per year. The concrete limits on rate - things like the rate of building new buildings and retrofitting old ones, the rate at which we can build wind turbines and replace lightbulbs, and much more, all create absolute limits to how much can be done in a given time period. Tossing out large numbers sounds powerful, but it departs from political reality. To get a solution we need to emphasize that it saves money compared to doing nothing, And we do need some influences on behavior, but those are better achieved through standards than taxes. No matter what the economists think, efficiency programs work better than high prices. The efficiency programs are proven. The high prices are not. (When I make this argument, people talk about gas taxes in Europe. But which came first, the high energy taxes or the infrastructures in European cities which promote walking, public transit, and the traditions of living close to work?) No one really knows how effective energy taxes are in causing behavior. The best indicator we have is the effect of gas prices on consumption, and that's not very promising. - Ned David Simons wrote: 15 cents per gallon is nowhere near enough to influence people's behavior or purchasing, e.g. more efficient cars. Nor is it enough to significantly finance the energy transition we so desperately need, that must happen rapidly. Even $1 per gallon would not be enough. We should be looking at and promoting a carbon tax evenly applied to all sources, capable of producing maybe $500B per year, to address the oncoming crisis adequately. Maybe 20% of that could subsidize low income people. 80% should be invested in the deployment of clean energy technologies, with a small portion put into R&D. The benefits to society at large and to the economy would be enormous. From: Ned Ford <Ned.Ford(a)FUSE.NET> ( mailto:Ned.Ford@FUSE.NET ) To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Sent: Fri, April 16, 2010 1:18:40 PM Subject: Re: [GW-ACT-LEADERS] Senators consider gasoline tax as part of climate bill This is really important. It would work. 15 cents per gallon would raise about $23 billion per year, which would more than double the new wind installed last year. It would be the largest and most effective carbon reduction strategy I can think of that the petroleum sector could fund. Anything else that was economically and carbon-comparable could be funded too, if wind was the benchmark. I know the public doesn't like taxes, and gas prices are going up, but sell it as a package to reduce the cost of driving. The wind would cut the cost of electricity for the electric car, cut the cost of electricity for everyone (since the total construction of the new wind would be funded independently, and we could link it to things like free air at gas stations and a push for higher tire inflation to save more gas than the tax costs. I'm sure there are other petroleum measures which this could be coupled with that would make this easier to sell and accomplish more. - Ned Carolyn Chase wrote: Senators consider gasoline tax as part of climate bill http://www.ab32ig.com/inthenews.htm#clip1 The Los Angeles Times Estimates put it in the range of 15 cents a gallon. Some oil companies are on board with the plan because it would cost them far less than other proposals to cut greenhouse gas emissions. Jim Tankersley - Los Angeles Times -- April 14, 2010 Leading voices in the Senate are considering a new tax on gasoline as part of an effort to win Republican and oil industry support for the energy and climate bill now idling in Congress. The tax, which according to early estimates would be in the range of 15 cents a gallon, was conceived with the input of several oil companies, including Shell, BP and ConocoPhillips, and is being championed by Republican Sen. Lindsey Graham of South Carolina. It is shaping up as a critical but controversial piece in the efforts by Graham, Sen. Joe Lieberman (I-Conn.) and Sen. John Kerry (D-Mass.) to write a climate bill that moderate Republicans could support. Along those lines, the bill will also include an expansion of offshore oil drilling and major new incentives for nuclear power plant construction. Environmental groups have long advocated gasoline taxes to reduce fossil fuel consumption; the oil industry has spent heavily in recent years to fight taxes, which it says would harm consumers. In this case, though, several oil companies like the tax because it figures to cost them far less than other proposals to reduce greenhouse gas emissions, including provisions in the climate bill the House passed last year. The Senate bill's sponsors appear to want the revenue raised from the tax to fund a variety of programs that would lower industrial emissions, including helping manufacturers reduce energy use or boosting wind and solar power installations by electric utilities. But the tax has encountered stiff behind-the-scenes resistance from some Democrats, who fear the political specter of increasing gasoline prices as the national average cost of gasoline is expected to crest $3 a gallon this summer. And no other Republicans have publicly announced support for the framework legislation that Graham and the others are circulating on Capitol Hill. Attracting significant Republican support for a bill featuring a tax increase would run counter to historical political trends and to the anti-tax outrage percolating among the "tea party" activists in the GOP base. Sources say the resistance extends to some Obama administration officials. In a statement, White House spokesman Ben Labolt said only that President Obama was "encouraged by the work of Sens. Kerry, Lieberman and Graham to move forward bipartisan, comprehensive energy and climate legislation" and that "we look forward to reviewing the details of the legislation when they are finalized." Some industry analysts and environmentalists question how much a tax would do to reduce emissions from gasoline, particularly if the extra cost to motorists is measured in cents, not dollars. Proponents call the tax approach under consideration a "linked fee," because it links the extra cost for gasoline to the average cost of greenhouse gas emission permits created through a so-called cap-and-trade system for electric utilities. That system would set a declining limit on emissions from power plants and force utilities to buy permits, on a trading market, to emit heat-trapping gases. Under the linked-fee proposal, gasoline taxes would rise in tandem with the prices of industrial emission permits, or fall if the price of permits declines. As negotiations build toward a scheduled unveiling of the bill next week, it's still unclear whether major oil companies and their trade group, the American Petroleum Institute, will explicitly endorse the legislation or at least agree not to fund an ad campaign opposing it. Proponents of a climate bill say such backing would be a major coup. "Getting major oil companies to truly and aggressively support a specific bill mandating greenhouse gas emissions limits and a carbon price would be a significant political accomplishment," said Paul W. Bledsoe, a former Clinton administration official now with the bipartisan National Commission on Energy Policy. Other analysts wonder whether increasingly populist Republicans would follow the industry and support the bill. "It's not clear that a linked fee creates a path to 60 votes" to overcome Senate procedural hurdles, said Scott Segal, a lobbyist for the Bracewell & Giuliani law firm in Washington who represents utilities and refiners on climate policy. Unquestionably, Big Oil can be a formidable opponent: The petroleum institute recently spent millions on ads blasting an Obama proposal to end some industry tax breaks. The group is currently neutral on the linked-fee plan. It needs to see details on the full climate bill and an Energy Information Administration analysis of its effects before taking a position, said Lou Hayden, its senior director for federal relations. If oil companies do back the bill, climate activists will find themselves joining forces with an industry they've long demonized. The tax could also put senators who vote for the bill at the mercy of election attacks if gas prices spike before November -- even though the tax would probably not kick in for several years. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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/

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Fwd: Fw: Southeast Energy Efficiency Alliance (SEEA) NEW REPORT includes your state
by James Kotcon 16 Apr '10

16 Apr '10

The West Virginia-specific report identifies our state as having higher than average energy consumption, especially in the industrial sector. While the state has 0.6 % of the US population, it uses 0.8 % of the energy to produce only 0.4 % of the GDP. Energy efficiency policies could save 900 million dollars for state residents, and help create 5000 new jobs by 2020 (compared to 70,000 unemployed at the end of 2009). Read the report. This is important information to have at your fingertips. JBK >>> Paula Carrell <Paula.Carrell(a)sierraclub.org> 4/15/2010 3:55 PM >>> Apologies for duplication, but I wanted to be certain that all of you -- and your Energy leadership -- saw this. Lots of information here -- sections specific to each state. http://www.seealliance.org/programs/se-efficiency-study.php

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Fw: Selenium News Flash . . .
by Frank Young 16 Apr '10

16 Apr '10

----- Original Message ----- From: DSGJr(a)aol.com To: deniseap(a)earthlink.net ; jbc329(a)earthlink.net ; lesleemac(a)frontiernet.net Cc: jkotcon(a)wvu.edu ; fyoung(a)mountain.net Sent: Friday, April 16, 2010 11:10 AM Subject: Selenium News Flash . . . Just got interviewed by Erica Peterson (WV Public Broadcasting) who tells me that EPA has sent letters to every WV mine that requested more time to meet selenium compliance schedule under the bill passed by the Legislature in 2009 -- EPA is denying their requests. So, note to the Legislature: WE TOLD YOU SO!! don

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Fwd: coal ash report (North Carolina)
by James Kotcon 13 Apr '10

13 Apr '10

>>> "Diggins, Molly" molly.diggins(a)SIERRACLUB.ORG> 4/12/2010 1:38 PM >> ( mailto:molly.diggins@SIERRACLUB.ORG> ) FYI, attached is a report and fact sheet on coal ash issued today by the North Carolina Chapter. It focuses on the largely untold story of problems with structural fill for land development. My guess is that similar problems exist across the country. Early press: http://www.charlotteobserver.com/2010/04/12/1371555/report-nc-ignores-coal-… Molly -- Molly Diggins State Director NC Sierra Club (p) 919.833.8467 (e) molly.diggins(a)sierraclub.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Fw: Charlotte Observer coverage of NC Chapt Coal Ash Report
by James Kotcon 13 Apr '10

13 Apr '10

Below is a story on what the North Carolina Chapter is doing on fly ash. I recently received a proposal from DownStream strategies for a similar study in West Virginia, focusing on the counties around Morgantown where ash dumping is greatest. It would likely be several thousands of dollars, but this may be a useful way to build on the actions elsewhere. Is the WV Chapter interested in doing something like this? JBK >>> Paula Carrell Paula.Carrell(a)sierraclub.org> 4/12/2010 1:50 PM >> ( mailto:Paula.Carrell@sierraclub.org> ) This is my favorite part of the below article: -State officials haven't yet drafted recommended changes. But Crissman said the Sierra Club's recommendations - that ash be dumped only in lined landfills, groundwater monitoring be required at disposal sites and developers held accountable for contamination clean-ups - "look pretty good." ----- Forwarded by Paula Carrell/Sierraclub on 04/12/2010 10:49 AM ----- Report: N.C. ignores coal ash threat Sierra Club says ash used as construction fill endangers water. By Bruce Henderson bhenderson(a)charlotteobserver.com Posted: Monday, Apr. 12, 2010 The state largely ignores millions of tons of ash from coal-fired power plants that threatens to contaminate N.C. groundwater, lakes and streams, the N.C. Sierra Club says in a report today. Coal ash has gotten increased scrutiny since a massive spill of ash sludge in Tennessee in late 2008. Ash contains potentially toxic metals such as arsenic, cadmium and mercury. The Sierra report, like an Observer article in December, focuses on the use of dry ash to fill gullies and prepare roadbeds and building sites. More than 800,000 tons of ash was used for so-called structural fill statewide last year, the report says. Those sites don't have to be lined to keep toxic material out of groundwater and aren't regularly checked to find whether they're tainting water. Property deeds often don't show that ash has been dumped, as state law requires. Ash is known to have contaminated water in Robeson, Nash and Northampton counties, according to state records, the report said. More often, it said, no one looks for contamination. "Wherever the state has looked, there have been problems for the most part," said Molly Diggins, the Sierra Club's state director. "The data is thin because there are no regular inspections or reporting. It's hard to get a full understanding when you don't have a full perspective of potential problems." Mecklenburg, Cabarrus, Catawba, Gaston, Iredell and Rowan are among 20 N.C. counties with structural fill, records show. Iredell has 17 sites, more than any other county, the report said. State scrutiny has increased in recent months, the report says, with violations found at 28 of the 48 sites inspected. Most violations cited a lack of vegetation or soil cover over the ash. Paul Crissman, chief of the state's solid waste section, said his staff first recognized the need for more oversight of structural fill sites since it began finding violations in the mid-1990s. "It led to our being convinced that the Sierra Club is correct and that we need to make new regulations," he said. State officials haven't yet drafted recommended changes. But Crissman said the Sierra Club's recommendations - that ash be dumped only in lined landfills, groundwater monitoring be required at disposal sites and developers held accountable for contamination clean-ups - "look pretty good." A key question in light of state budget problems, he said, is how to pay for additional oversight. The Sierra Club views ash as a further indictment of coal-fired power plants, which it believes should be phased out. Duke Energy says it stopped using ash for structural fill in 2003. Limiting disposal to lined landfills would stop the use of ash in making concrete and cement products, it says, effectively doubling the amount that has to be disposed. "We would support discussions on additional groundwater monitoring for an entire coal-fired power plant site which would encompass on-site ash basins, landfills and structural fills," Duke said in a statement. The Environmental Protection Agency is weighing tougher coal-ash regulations, including whether to label ash as hazardous waste. That designation would be expected to greatly increase oversight and disposal costs. Subscribe to The Charlotte Observer & Earn Miles. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Building a green economy in WV
by James Kotcon 13 Apr '10

13 Apr '10

Excellent commentary on the economics of climate change. This is long, but it ought to be required reading by anyone on the Energy Committee. I especially like the point about Ronald Reagan's faith in the "miracle of the marketplace" and the loss of faith by those who claim greenhouse gas controls will bankrupt America. We need to confront the obstructionists with optimism and the appeal to future generations. JBK >>> "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> 4/13/2010 8:28 AM >>> April 5, 2010 Building a Green EconomyBy PAUL KRUGMAN ( http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists/pau… ) If you listen to climate scientists — and despite the relentless campaign to discredit their work, you should — it is long past time to do something about emissions of carbon dioxide and other greenhouse gases. If we continue with business as usual, they say, we are facing a rise in global temperatures that will be little short of apocalyptic. And to avoid that apocalypse, we have to wean our economy from the use of fossil fuels, coal above all. But is it possible to make drastic cuts in greenhouse-gas emissions without destroying our economy? Like the debate over climate change ( http://topics.nytimes.com/top/news/science/topics/globalwarming/index.html?… ) itself, the debate over climate economics looks very different from the inside than it often does in popular media. The casual reader might have the impression that there are real doubts about whether emissions can be reduced without inflicting severe damage on the economy. In fact, once you filter out the noise generated by special-interest groups, you discover that there is widespread agreement among environmental economists that a market-based program to deal with the threat of climate change — one that limits carbon emissions by putting a price on them — can achieve large results at modest, though not trivial, cost. There is, however, much less agreement on how fast we should move, whether major conservation efforts should start almost immediately or be gradually increased over the course of many decades. In what follows, I will offer a brief survey of the economics of climate change or, more precisely, the economics of lessening climate change. I’ll try to lay out the areas of broad agreement as well as those that remain in major dispute. First, though, a primer in the basic economics of environmental protection. Environmental Econ 101 If there’s a single central insight in economics, it’s this: There are mutual gains from transactions between consenting adults. If the going price of widgets is $10 and I buy a widget, it must be because that widget is worth more than $10 to me. If you sell a widget at that price, it must be because it costs you less than $10 to make it. So buying and selling in the widget market works to the benefit of both buyers and sellers. More than that, some careful analysis shows that if there is effective competition in the widget market, so that the price ends up matching the number of widgets people want to buy to the number of widgets other people want to sell, the outcome is to maximize the total gains to producers and consumers. Free markets are “efficient” — which, in economics-speak as opposed to plain English, means that nobody can be made better off without making someone else worse off. Now, efficiency isn’t everything. In particular, there is no reason to assume that free markets will deliver an outcome that we consider fair or just. So the case for market efficiency says nothing about whether we should have, say, some form of guaranteed health insurance, aid to the poor and so forth. But the logic of basic economics says that we should try to achieve social goals through “aftermarket” interventions. That is, we should let markets do their job, making efficient use of the nation’s resources, then utilize taxes and transfers to help those whom the market passes by. But what if a deal between consenting adults imposes costs on people who are not part of the exchange? What if you manufacture a widget and I buy it, to our mutual benefit, but the process of producing that widget involves dumping toxic sludge into other people’s drinking water? When there are “negative externalities” — costs that economic actors impose on others without paying a price for their actions — any presumption that the market economy, left to its own devices, will do the right thing goes out the window. So what should we do? Environmental economics is all about answering that question. One way to deal with negative externalities is to make rules that prohibit or at least limit behavior that imposes especially high costs on others. That’s what we did in the first major wave of environmental legislation in the early 1970s: cars were required to meet emission standards for the chemicals that cause smog, factories were required to limit the volume of effluent they dumped into waterways and so on. And this approach yielded results; America’s air and water became a lot cleaner in the decades that followed. But while the direct regulation of activities that cause pollution makes sense in some cases, it is seriously defective in others, because it does not offer any scope for flexibility and creativity. Consider the biggest environmental issue of the 1980s — acid rain. Emissions of sulfur dioxide from power plants, it turned out, tend to combine with water downwind and produce flora- and wildlife-destroying sulfuric acid. In 1977, the government made its first stab at confronting the issue, recommending that all new coal-fired plants have scrubbers to remove sulfur dioxide from their emissions. Imposing a tough standard on all plants was problematic, because retrofitting some older plants would have been extremely expensive. By regulating only new plants, however, the government passed up the opportunity to achieve fairly cheap pollution control at plants that were, in fact, easy to retrofit. Short of a de facto federal takeover of the power industry, with federal officials issuing specific instructions to each plant, how was this conundrum to be resolved? Enter Arthur Cecil Pigou, an early-20th-century British don, whose 1920 book, “The Economics of Welfare,” is generally regarded as the ur-text of environmental economics. Somewhat surprisingly, given his current status as a godfather of economically sophisticated environmentalism, Pigou didn’t actually stress the problem of pollution. Rather than focusing on, say, London’s famous fog (actually acrid smog, caused by millions of coal fires), he opened his discussion with an example that must have seemed twee even in 1920, a hypothetical case in which “the game-preserving activities of one occupier involve the overrunning of a neighboring occupier’s land by rabbits.” But never mind. What Pigou enunciated was a principle: economic activities that impose unrequited costs on other people should not always be banned, but they should be discouraged. And the right way to curb an activity, in most cases, is to put a price on it. So Pigou proposed that people who generate negative externalities should have to pay a fee reflecting the costs they impose on others — what has come to be known as a Pigovian tax. The simplest version of a Pigovian tax is an effluent fee: anyone who dumps pollutants into a river, or emits them into the air, must pay a sum proportional to the amount dumped. Pigou’s analysis lay mostly fallow for almost half a century, as economists spent their time grappling with issues that seemed more pressing, like the Great Depression ( http://topics.nytimes.com/top/reference/timestopics/subjects/g/great_depres… ). But with the rise of environmental regulation, economists dusted off Pigou and began pressing for a “market-based” approach that gives the private sector an incentive, via prices, to limit pollution, as opposed to a “command and control” fix that issues specific instructions in the form of regulations. The initial reaction by many environmental activists to this idea was hostile, largely on moral grounds. Pollution, they felt, should be treated like a crime rather than something you have the right to do as long as you pay enough money. Moral concerns aside, there was also considerable skepticism about whether market incentives would actually be successful in reducing pollution. Even today, Pigovian taxes as originally envisaged are relatively rare. The most successful example I’ve been able to find is a Dutch tax on discharges of water containing organic materials. What has caught on instead is a variant that most economists consider more or less equivalent: a system of tradable emissions permits, a k a cap and trade ( http://topics.nytimes.com/topics/reference/timestopics/subjects/g/greenhous… ). In this model, a limited number of licenses to emit a specified pollutant, like sulfur dioxide, are issued. A business that wants to create more pollution than it is licensed for can go out and buy additional licenses from other parties; a firm that has more licenses than it intends to use can sell its surplus. This gives everyone an incentive to reduce pollution, because buyers would not have to acquire as many licenses if they can cut back on their emissions, and sellers can unload more licenses if they do the same. In fact, economically, a cap-and-trade system produces the same incentives to reduce pollution as a Pigovian tax, with the price of licenses effectively serving as a tax on pollution. In practice there are a couple of important differences between cap and trade and a pollution tax. One is that the two systems produce different types of uncertainty. If the government imposes a pollution tax, polluters know what price they will have to pay, but the government does not know how much pollution they will generate. If the government imposes a cap, it knows the amount of pollution, but polluters do not know what the price of emissions will be. Another important difference has to do with government revenue. A pollution tax is, well, a tax, which imposes costs on the private sector while generating revenue for the government. Cap and trade is a bit more complicated. If the government simply auctions off licenses and collects the revenue, then it is just like a tax. Cap and trade, however, often involves handing out licenses to existing players, so the potential revenue goes to industry instead of the government. Politically speaking, doling out licenses to industry isn’t entirely bad, because it offers a way to partly compensate some of the groups whose interests would suffer if a serious climate-change policy were adopted. This can make passing legislation more feasible. These political considerations probably explain why the solution to the acid-rain predicament took the form of cap and trade and why licenses to pollute were distributed free to power companies. It’s also worth noting that the Waxman-Markey bill, a cap-and-trade setup for greenhouse gases that starts by giving out many licenses to industry but puts up a growing number for auction in later years, was actually passed by the House of Representatives last year; it’s hard to imagine a broad-based emissions tax doing the same for many years. That’s not to say that emission taxes are a complete nonstarter. Some senators have recently floated a proposal for a sort of hybrid solution, with cap and trade for some parts of the economy and carbon taxes for others — mainly oil and gas. The political logic seems to be that the oil industry thinks consumers won’t blame it for higher gas prices if those prices reflect an explicit tax. In any case, experience suggests that market-based emission controls work. Our recent history with acid rain shows as much. The Clean Air Act ( http://topics.nytimes.com/top/reference/timestopics/subjects/c/clean_air_ac… ) of 1990 introduced a cap-and-trade system in which power plants could buy and sell the right to emit sulfur dioxide, leaving it up to individual companies to manage their own business within the new limits. Sure enough, over time sulfur-dioxide emissions from power plants were cut almost in half, at a much lower cost than even optimists expected; electricity prices fell instead of rising. Acid rain did not disappear as a problem, but it was significantly mitigated. The results, it would seem, demonstrated that we can deal with environmental problems when we have to. So there we have it, right? The emission of carbon dioxide and other greenhouse gases is a classic negative externality — the “biggest market failure the world has ever seen,” in the words of Nicholas Stern, the author of a report on the subject for the British government. Textbook economics and real-world experience tell us that we should have policies to discourage activities that generate negative externalities and that it is generally best to rely on a market-based approach. Climate of Doubt? This is an article on climate economics, not climate science. But before we get to the economics, it’s worth establishing three things about the state of the scientific debate. The first is that the planet is indeed warming. Weather fluctuates, and as a consequence it’s easy enough to point to an unusually warm year in the recent past, note that it’s cooler now and claim, “See, the planet is getting cooler, not warmer!” But if you look at the evidence the right way — taking averages over periods long enough to smooth out the fluctuations — the upward trend is unmistakable: each successive decade since the 1970s has been warmer than the one before. Second, climate models predicted this well in advance, even getting the magnitude of the temperature rise roughly right. While it’s relatively easy to cook up an analysis that matches known data, it is much harder to create a model that accurately forecasts the future. So the fact that climate modelers more than 20 years ago successfully predicted the subsequent global warming gives them enormous credibility. Yet that’s not the conclusion you might draw from the many media reports that have focused on matters like hacked e-mail and climate scientists’ talking about a “trick” to “hide” an anomalous decline in one data series or expressing their wish to see papers by climate skeptics kept out of research reviews. The truth, however, is that the supposed scandals evaporate on closer examination, revealing only that climate researchers are human beings, too. Yes, scientists try to make their results stand out, but no data were suppressed. Yes, scientists dislike it when work that they think deliberately obfuscates the issues gets published. What else is new? Nothing suggests that there should not continue to be strong support for climate research. And this brings me to my third point: models based on this research indicate that if we continue adding greenhouse gases to the atmosphere as we have, we will eventually face drastic changes in the climate. Let’s be clear. We’re not talking about a few more hot days in the summer and a bit less snow in the winter; we’re talking about massively disruptive events, like the transformation of the Southwestern United States into a permanent dust bowl over the next few decades. Now, despite the high credibility of climate modelers, there is still tremendous uncertainty in their long-term forecasts. But as we will see shortly, uncertainty makes the case for action stronger, not weaker. So climate change demands action. Is a cap-and-trade program along the lines of the model used to reduce sulfur dioxide the right way to go? Serious opposition to cap and trade generally comes in two forms: an argument that more direct action — in particular, a ban on coal-fired power plants — would be more effective and an argument that an emissions tax would be better than emissions trading. (Let’s leave aside those who dismiss climate science altogether and oppose any limits on greenhouse-gas emissions, as well as those who oppose the use of any kind of market-based remedy.) There’s something to each of these positions, just not as much as their proponents think. When it comes to direct action, you can make the case that economists love markets not wisely but too well, that they are too ready to assume that changing people’s financial incentives fixes every problem. In particular, you can’t put a price on something unless you can measure it accurately, and that can be both difficult and expensive. So sometimes it’s better simply to lay down some basic rules about what people can and cannot do. Consider auto emissions, for example. Could we or should we charge each car owner a fee proportional to the emissions from his or her tailpipe? Surely not. You would have to install expensive monitoring equipment on every car, and you would also have to worry about fraud. It’s almost certainly better to do what we actually do, which is impose emissions standards on all cars. Is there a comparable argument to be made for greenhouse-gas emissions? My initial reaction, which I suspect most economists would share, is that the very scale and complexity of the situation requires a market-based solution, whether cap and trade or an emissions tax. After all, greenhouse gases are a direct or indirect byproduct of almost everything produced in a modern economy, from the houses we live in to the cars we drive. Reducing emissions of those gases will require getting people to change their behavior in many different ways, some of them impossible to identify until we have a much better grasp of green technology. So can we really make meaningful progress by telling people specifically what will or will not be permitted? Econ 101 tells us — probably correctly — that the only way to get people to change their behavior appropriately is to put a price on emissions so this cost in turn gets incorporated into everything else in a way that reflects ultimate environmental impacts. When shoppers go to the grocery store, for example, they will find that fruits and vegetables from farther away have higher prices than local produce, reflecting in part the cost of emission licenses or taxes paid to ship that produce. When businesses decide how much to spend on insulation, they will take into account the costs of heating and air-conditioning that include the price of emissions licenses or taxes for electricity generation. When electric utilities have to choose among energy sources, they will have to take into account the higher license fees or taxes associated with fossil-fuel consumption. And so on down the line. A market-based system would create decentralized incentives to do the right thing, and that’s the only way it can be done. That said, some specific rules may be required. James Hansen ( http://topics.nytimes.com/top/reference/timestopics/people/h/james_e_hansen… ), the renowned climate scientist who deserves much of the credit for making global warming an issue in the first place, has argued forcefully that most of the climate-change problem comes down to just one thing, burning coal, and that whatever else we do, we have to shut down coal burning over the next couple decades. My economist’s reaction is that a stiff license fee would strongly discourage coal use anyway. But a market-based system might turn out to have loopholes — and their consequences could be dire. So I would advocate supplementing market-based disincentives with direct controls on coal burning. What about the case for an emissions tax rather than cap and trade? There’s no question that a straightforward tax would have many advantages over legislation like Waxman-Markey, which is full of exceptions and special situations. But that’s not really a useful comparison: of course an idealized emissions tax looks better than a cap-and-trade system that has already passed the House with all its attendant compromises. The question is whether the emissions tax that could actually be put in place is better than cap and trade. There is no reason to believe that it would be — indeed, there is no reason to believe that a broad-based emissions tax would make it through Congress. To be fair, Hansen has made an interesting moral argument against cap and trade, one that’s much more sophisticated than the old view that it’s wrong to let polluters buy the right to pollute. What Hansen draws attention to is the fact that in a cap-and-trade world, acts of individual virtue do not contribute to social goals. If you choose to drive a hybrid car or buy a house with a small carbon footprint, all you are doing is freeing up emissions permits for someone else, which means that you have done nothing to reduce the threat of climate change. He has a point. But altruism cannot effectively deal with climate change. Any serious solution must rely mainly on creating a system that gives everyone a self-interested reason to produce fewer emissions. It’s a shame, but climate altruism must take a back seat to the task of getting such a system in place. The bottom line, then, is that while climate change may be a vastly bigger problem than acid rain, the logic of how to respond to it is much the same. What we need are market incentives for reducing greenhouse-gas emissions — along with some direct controls over coal use — and cap and trade is a reasonable way to create those incentives. But can we afford to do that? Equally important, can we afford not to? The Cost of Action Just as there is a rough consensus among climate modelers about the likely trajectory of temperatures if we do not act to cut the emissions of greenhouse gases, there is a rough consensus among economic modelers about the costs of action. That general opinion may be summed up as follows: Restricting emissions would slow economic growth — but not by much. The Congressional Budget Office ( http://topics.nytimes.com/top/reference/timestopics/organizations/c/congres… ), relying on a survey of models, has concluded that Waxman-Markey “would reduce the projected average annual rate of growth of gross domestic product ( http://topics.nytimes.com/top/reference/timestopics/subjects/u/united_state… ) between 2010 and 2050 by 0.03 to 0.09 percentage points.” That is, it would trim average annual growth to 2.31 percent, at worst, from 2.4 percent. Over all, the Budget Office concludes, strong climate-change policy would leave the American economy between 1.1 percent and 3.4 percent smaller in 2050 than it would be otherwise. And what about the world economy? In general, modelers tend to find that climate-change policies would lower global output by a somewhat smaller percentage than the comparable figures for the United States. The main reason is that emerging economies like China currently use energy fairly inefficiently, partly as a result of national policies that have kept the prices of fossil fuels very low, and could thus achieve large energy savings at a modest cost. One recent review of the available estimates put the costs of a very strong climate policy — substantially more aggressive than contemplated in current legislative proposals — at between 1 and 3 percent of gross world product. Such figures typically come from a model that combines all sorts of engineering and marketplace estimates. These will include, for instance, engineers’ best calculations of how much it costs to generate electricity in various ways, from coal, gas and nuclear and solar power ( http://topics.nytimes.com/top/news/science/topics/solar_energy/index.html?i… ) at given resource prices. Then estimates will be made, based on historical experience, of how much consumers would cut back their electricity consumption if its price rises. The same process is followed for other kinds of energy, like motor fuel. And the model assumes that everyone makes the best choice given the economic environment — that power generators choose the least expensive means of producing electricity, while consumers conserve energy as long as the money saved by buying less electricity exceeds the cost of using less power in the form either of other spending or loss of convenience. After all this analysis, it’s possible to predict how producers and consumers of energy will react to policies that put a price on emissions and how much those reactions will end up costing the economy as a whole. There are, of course, a number of ways this kind of modeling could be wrong. Many of the underlying estimates are necessarily somewhat speculative; nobody really knows, for instance, what solar power will cost once it finally becomes a large-scale proposition. There is also reason to doubt the assumption that people actually make the right choices: many studies have found that consumers fail to take measures to conserve energy, like improving insulation, even when they could save money by doing so. But while it’s unlikely that these models get everything right, it’s a good bet that they overstate rather than understate the economic costs of climate-change action. That is what the experience from the cap-and-trade program for acid rain suggests: costs came in well below initial predictions. And in general, what the models do not and cannot take into account is creativity; surely, faced with an economy in which there are big monetary payoffs for reducing greenhouse-gas emissions, the private sector will come up with ways to limit emissions that are not yet in any model. What you hear from conservative opponents of a climate-change policy, however, is that any attempt to limit emissions would be economically devastating. The Heritage Foundation ( http://topics.nytimes.com/top/reference/timestopics/organizations/h/heritag… ), for one, responded to Budget Office estimates on Waxman-Markey with a broadside titled, “C.B.O. Grossly Underestimates Costs of Cap and Trade.” The real effects, the foundation said, would be ruinous for families and job creation. This reaction — this extreme pessimism about the economy’s ability to live with cap and trade — is very much at odds with typical conservative rhetoric. After all, modern conservatives express a deep, almost mystical confidence in the effectiveness of market incentives — Ronald Reagan ( http://topics.nytimes.com/top/reference/timestopics/people/r/ronald_wilson_… ) liked to talk about the “magic of the marketplace.” They believe that the capitalist system can deal with all kinds of limitations, that technology, say, can easily overcome any constraints on growth posed by limited reserves of oil or other natural resources. And yet now they submit that this same private sector is utterly incapable of coping with a limit on overall emissions, even though such a cap would, from the private sector’s point of view, operate very much like a limited supply of a resource, like land. Why don’t they believe that the dynamism of capitalism will spur it to find ways to make do in a world of reduced carbon emissions? Why do they think the marketplace loses its magic as soon as market incentives are invoked in favor of conservation? Clearly, conservatives abandon all faith in the ability of markets to cope with climate-change policy because they don’t want government intervention. Their stated pessimism about the cost of climate policy is essentially a political ploy rather than a reasoned economic judgment. The giveaway is the strong tendency of conservative opponents of cap and trade to argue in bad faith. That Heritage Foundation broadside accuses the Congressional Budget Office of making elementary logical errors, but if you actually read the office’s report, it’s clear that the foundation is willfully misreading it. Conservative politicians have been even more shameless. The National Republican Congressional Committee, for example, issued multiple press releases specifically citing a study from M.I.T. ( http://topics.nytimes.com/top/reference/timestopics/organizations/m/massach… ) as the basis for a claim that cap and trade would cost $3,100 per household, despite repeated attempts by the study’s authors to get out the word that the actual number was only about a quarter as much. The truth is that there is no credible research suggesting that taking strong action on climate change is beyond the economy’s capacity. Even if you do not fully trust the models — and you shouldn’t — history and logic both suggest that the models are overestimating, not underestimating, the costs of climate action. We can afford to do something about climate change. But that’s not the same as saying we should. Action will have costs, and these must be compared with the costs of not acting. Before I get to that, however, let me touch on an issue that will become central if we actually do get moving on climate policy: how to get the rest of the world to go along with us. The China Syndrome The United States is still the world’s largest economy, which makes the country one of the world’s largest sources of greenhouse gases. But it’s not the largest. China, which burns much more coal per dollar of gross domestic product than the United States does, overtook us by that measure around three years ago. Over all, the advanced countries — the rich man’s club comprising Europe, North America and Japan — account for only about half of greenhouse emissions, and that’s a fraction that will fall over time. In short, there can’t be a solution to climate change unless the rest of the world, emerging economies in particular, participates in a major way. Inevitably those who resist tackling climate change point to the global nature of emissions as a reason not to act. Emissions limits in America won’t accomplish much, they argue, if China and others don’t match our effort. And they highlight China’s obduracy in the Copenhagen negotiations as evidence that other countries will not cooperate. Indeed, emerging economies feel that they have a right to emit freely without worrying about the consequences — that’s what today’s rich countries got to do for two centuries. It’s just not possible to get global cooperation on climate change, goes the argument, and that means there is no point in taking any action at all. For those who think that taking action is essential, the right question is how to persuade China and other emerging nations to participate in emissions limits. Carrots, or positive inducements, are one answer. Imagine setting up cap-and-trade systems in China and the United States — but allow international trading in permits, so Chinese and American companies can trade emission rights. By setting overall caps at levels designed to ensure that China sells us a substantial number of permits, we would in effect be paying China to cut its emissions. Since the evidence suggests that the cost of cutting emissions would be lower in China than in the United States, this could be a good deal for everyone. But what if the Chinese (or the Indians or the Brazilians, etc.) do not want to participate in such a system? Then you need sticks as well as carrots. In particular, you need carbon tariffs. A carbon tariff would be a tax levied on imported goods proportional to the carbon emitted in the manufacture of those goods. Suppose that China refuses to reduce emissions, while the United States adopts policies that set a price of $100 per ton of carbon emissions. If the United States were to impose such a carbon tariff, any shipment to America of Chinese goods whose production involved emitting a ton of carbon would result in a $100 tax over and above any other duties. Such tariffs, if levied by major players — probably the United States and the European Union ( http://topics.nytimes.com/top/reference/timestopics/organizations/e/europea… ) — would give noncooperating countries a strong incentive to reconsider their positions. To the objection that such a policy would be protectionist ( http://topics.nytimes.com/top/reference/timestopics/subjects/p/protectionis… ), a violation of the principles of free trade, one reply is, So? Keeping world markets open is important, but avoiding planetary catastrophe is a lot more important. In any case, however, you can argue that carbon tariffs are well within the rules of normal trade relations. As long as the tariff imposed on the carbon content of imports is comparable to the cost of domestic carbon licenses, the effect is to charge your own consumers a price that reflects the carbon emitted in what they buy, no matter where it is produced. That should be legal under international-trading rules. In fact, even the World Trade Organization ( http://topics.nytimes.com/top/reference/timestopics/organizations/w/world_t… ), which is charged with policing trade policies, has published a study suggesting that carbon tariffs would pass muster. Needless to say, the actual business of getting cooperative, worldwide action on climate change would be much more complicated and tendentious than this discussion suggests. Yet the problem is not as intractable as you often hear. If the United States and Europe decide to move on climate policy, they almost certainly would be able to cajole and chivvy the rest of the world into joining the effort. We can do this. The Costs of Inaction In public discussion, the climate-change skeptics have clearly been gaining ground over the past couple of years, even though the odds have been looking good lately that 2010 could be the warmest year on record. But climate modelers themselves have grown increasingly pessimistic. What were previously worst-case scenarios have become base-line projections, with a number of organizations doubling their predictions for temperature rise over the course of the 21st century. Underlying this new pessimism is increased concern about feedback effects — for example, the release of methane, a significant greenhouse gas, from seabeds and tundra as the planet warms. At this point, the projections of climate change, assuming we continue business as usual, cluster around an estimate that average temperatures will be about 9 degrees Fahrenheit higher in 2100 than they were in 2000. That’s a lot — equivalent to the difference in average temperatures between New York and central Mississippi. Such a huge change would have to be highly disruptive. And the troubles would not stop there: temperatures would continue to rise. Furthermore, changes in average temperature will by no means be the whole story. Precipitation patterns will change, with some regions getting much wetter and others much drier. Many modelers also predict more intense storms. Sea levels would rise, with the impact intensified by those storms: coastal flooding, already a major source of natural disasters, would become much more frequent and severe. And there might be drastic changes in the climate of some regions as ocean currents shift. It’s always worth bearing in mind that London is at the same latitude as Labrador; without the Gulf Stream, Western Europe would be barely habitable. While there may be some benefits from a warmer climate, it seems almost certain that upheaval on this scale would make the United States, and the world as a whole, poorer than it would be otherwise. How much poorer? If ours were a preindustrial, primarily agricultural society, extreme climate change would be obviously catastrophic. But we have an advanced economy, the kind that has historically shown great ability to adapt to changed circumstances. If this sounds similar to my argument that the costs of emissions limits would be tolerable, it ought to: the same flexibility that should enable us to deal with a much higher carbon prices should also help us cope with a somewhat higher average temperature. But there are at least two reasons to take sanguine assessments of the consequences of climate change with a grain of salt. One is that, as I have just pointed out, it’s not just a matter of having warmer weather — many of the costs of climate change are likely to result from droughts, flooding and severe storms. The other is that while modern economies may be highly adaptable, the same may not be true of ecosystems. The last time the earth experienced warming at anything like the pace we now expect was during the Paleocene-Eocene Thermal Maximum, about 55 million years ago, when temperatures rose by about 11 degrees Fahrenheit over the course of around 20,000 years (which is a much slower rate than the current pace of warming). That increase was associated with mass extinctions, which, to put it mildly, probably would not be good for living standards. So how can we put a price tag on the effects of global warming? The most widely quoted estimates, like those in the Dynamic Integrated Model of Climate and the Economy, known as DICE, used by Yale’s William Nordhaus and colleagues, depend upon educated guesswork to place a value on the negative effects of global warming in a number of crucial areas, especially agriculture and coastal protection, then try to make some allowance for other possible repercussions. Nordhaus has argued that a global temperature rise of 4.5 degrees Fahrenheit — which used to be the consensus projection for 2100 — would reduce gross world product by a bit less than 2 percent. But what would happen if, as a growing number of models suggest, the actual temperature rise is twice as great? Nobody really knows how to make that extrapolation. For what it’s worth, Nordhaus’s model puts losses from a rise of 9 degrees at about 5 percent of gross world product. Many critics have argued, however, that the cost might be much higher. Despite the uncertainty, it’s tempting to make a direct comparison between the estimated losses and the estimates of what the mitigation policies will cost: climate change will lower gross world product by 5 percent, stopping it will cost 2 percent, so let’s go ahead. Unfortunately the reckoning is not that simple for at least four reasons. First, substantial global warming is already “baked in,” as a result of past emissions and because even with a strong climate-change policy the amount of carbon dioxide in the atmosphere is most likely to continue rising for many years. So even if the nations of the world do manage to take on climate change, we will still have to pay for earlier inaction. As a result, Nordhaus’s loss estimates may overstate the gains from action. Second, the economic costs from emissions limits would start as soon as the policy went into effect and under most proposals would become substantial within around 20 years. If we don’t act, meanwhile, the big costs would probably come late this century (although some things, like the transformation of the American Southwest into a dust bowl, might come much sooner). So how you compare those costs depends on how much you value costs in the distant future relative to costs that materialize much sooner. Third, and cutting in the opposite direction, if we don’t take action, global warming won’t stop in 2100: temperatures, and losses, will continue to rise. So if you place a significant weight on the really, really distant future, the case for action is stronger than even the 2100 estimates suggest. Finally and most important is the matter of uncertainty. We’re uncertain about the magnitude of climate change, which is inevitable, because we’re talking about reaching levels of carbon dioxide in the atmosphere not seen in millions of years. The recent doubling of many modelers’ predictions for 2100 is itself an illustration of the scope of that uncertainty; who knows what revisions may occur in the years ahead. Beyond that, nobody really knows how much damage would result from temperature rises of the kind now considered likely. You might think that this uncertainty weakens the case for action, but it actually strengthens it. As Harvard ( http://topics.nytimes.com/top/reference/timestopics/organizations/h/harvard… )’s Martin Weitzman has argued in several influential papers, if there is a significant chance of utter catastrophe, that chance — rather than what is most likely to happen — should dominate cost-benefit calculations. And utter catastrophe does look like a realistic possibility, even if it is not the most likely outcome. Weitzman argues — and I agree — that this risk of catastrophe, rather than the details of cost-benefit calculations, makes the most powerful case for strong climate policy. Current projections of global warming in the absence of action are just too close to the kinds of numbers associated with doomsday scenarios. It would be irresponsible — it’s tempting to say criminally irresponsible — not to step back from what could all too easily turn out to be the edge of a cliff. Still that leaves a big debate about the pace of action. The Ramp Versus the Big Bang Economists who analyze climate policies agree on some key issues. There is a broad consensus that we need to put a price on carbon emissions, that this price must eventually be very high but that the negative economic effects from this policy will be of manageable size. In other words, we can and should act to limit climate change. But there is a ferocious debate among knowledgeable analysts about timing, about how fast carbon prices should rise to significant levels. On one side are economists who have been working for many years on so-called integrated-assessment models, which combine models of climate change with models of both the damage from global warming and the costs of cutting emissions. For the most part, the message from these economists is a sort of climate version of St. Augustine’s famous prayer, “Give me chastity and continence, but not just now.” Thus Nordhaus’s DICE model says that the price of carbon emissions should eventually rise to more than $200 a ton, effectively more than quadrupling the cost of coal, but that most of that increase should come late this century, with a much more modest initial fee of around $30 a ton. Nordhaus calls this recommendation for a policy that builds gradually over a long period the “climate-policy ramp.” On the other side are some more recent entrants to the field, who work with similar models but come to different conclusions. Most famously, Nicholas Stern, an economist at the London School of Economics, argued in 2006 for quick, aggressive action to limit emissions, which would most likely imply much higher carbon prices. This alternative position doesn’t appear to have a standard name, so let me call it the “climate-policy big bang.” I find it easiest to make sense of the arguments by thinking of policies to reduce carbon emissions as a sort of public investment project: you pay a price now and derive benefits in the form of a less-damaged planet later. And by later, I mean much later; today’s emissions will affect the amount of carbon in the atmosphere decades, and possibly centuries, into the future. So if you want to assess whether a given investment in emissions reduction is worth making, you have to estimate the damage that an additional ton of carbon in the atmosphere will do, not just this year but for a century or more to come; and you also have to decide how much weight to place on harm that will take a very long time to materialize. The policy-ramp advocates argue that the damage done by an additional ton of carbon in the atmosphere is fairly low at current concentrations; the cost will not get really large until there is a lot more carbon dioxide in the air, and that won’t happen until late this century. And they argue that costs that far in the future should not have a large influence on policy today. They point to market rates of return, which indicate that investors place only a small weight on the gains or losses they expect in the distant future, and argue that public policies, including climate policies, should do the same. The big-bang advocates argue that government should take a much longer view than private investors. Stern, in particular, argues that policy makers should give the same weight to future generations’ welfare as we give to those now living. Moreover, the proponents of fast action hold that the damage from emissions may be much larger than the policy-ramp analyses suggest, either because global temperatures are more sensitive to greenhouse-gas emissions than previously thought or because the economic damage from a large rise in temperatures is much greater than the guesstimates in the climate-ramp models. As a professional economist, I find this debate painful. There are smart, well-intentioned people on both sides — some of them, as it happens, old friends and mentors of mine — and each side has scored some major points. Unfortunately, we can’t just declare it an honorable draw, because there’s a decision to be made. Personally, I lean toward the big-bang view. Stern’s moral argument for loving unborn generations as we love ourselves may be too strong, but there’s a compelling case to be made that public policy should take a much longer view than private markets. Even more important, the policy-ramp prescriptions seem far too much like conducting a very risky experiment with the whole planet. Nordhaus’s preferred policy, for example, would stabilize the concentration of carbon dioxide in the atmosphere at a level about twice its preindustrial average. In his model, this would have only modest effects on global welfare; but how confident can we be of that? How sure are we that this kind of change in the environment would not lead to catastrophe? Not sure enough, I’d say, particularly because, as noted above, climate modelers have sharply raised their estimates of future warming in just the last couple of years. So what I end up with is basically Martin Weitzman’s argument: it’s the nonnegligible probability of utter disaster that should dominate our policy analysis. And that argues for aggressive moves to curb emissions, soon. The Political Atmosphere As I’ve mentioned, the House has already passed Waxman-Markey, a fairly strong bill aimed at reducing greenhouse-gas emissions. It’s not as strong as what the big-bang advocates propose, but it appears to move faster than the policy-ramp proposals. But the vote on Waxman-Markey, which was taken last June, revealed a starkly divided Congress. Only 8 Republicans voted in favor of it, while 44 Democrats voted against. And the odds are that it would not pass if it were brought up for a vote today. Prospects in the Senate, where it takes 60 votes to get most legislation through, are even worse. A number of Democratic senators, representing energy-producing and agricultural states, have come out against cap and trade (modern American agriculture is strongly energy-intensive). In the past, some Republican senators have supported cap and trade. But with partisanship on the rise, most of them have been changing their tune. The most striking about-face has come from John McCain ( http://topics.nytimes.com/top/reference/timestopics/people/m/john_mccain/in… ), who played a leading role in promoting cap and trade, introducing a bill broadly similar to Waxman-Markey in 2003. Today McCain lambastes the whole idea as “cap and tax,” to the dismay of former aides. Oh, and a snowy winter on the East Coast of the U.S. has given climate skeptics a field day, even though globally this has been one of the warmest winters on record. So the immediate prospects for climate action do not look promising, despite an ongoing effort by three senators — John Kerry ( http://topics.nytimes.com/top/reference/timestopics/people/k/john_kerry/ind… ), Joseph Lieberman ( http://topics.nytimes.com/top/reference/timestopics/people/l/joseph_i_liebe… ) and Lindsey Graham ( http://topics.nytimes.com/top/reference/timestopics/people/g/lindsey_graham… ) — to come up with a compromise proposal. (They plan to introduce legislation later this month.) Yet the issue isn’t going away. There’s a pretty good chance that the record temperatures the world outside Washington has seen so far this year will continue, depriving climate skeptics of one of their main talking points. And in a more general sense, given the twists and turns of American politics in recent years — since 2005 the conventional wisdom has gone from permanent Republican domination to permanent Democratic domination to God knows what — there has to be a real chance that political support for action on climate change will revive. If it does, the economic analysis will be ready. We know how to limit greenhouse-gas emissions. We have a good sense of the costs — and they’re manageable. All we need now is the political will. Paul Krugman is a Times columnist and winner of the 2008 Nobel Memorial Prize in Economic Science. His latest book is “The Return of Depression Economics and the Crisis of 2008.”

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Fwd: WVNS story: "Something Fishy" At Mine Where 29 Died
by Paul Wilson 13 Apr '10

13 Apr '10

fyi, paul w. ---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Tue, Apr 13, 2010 at 4:03 AM Subject: WVNS story: "Something Fishy" At Mine Where 29 Died To: PaulWilson <pjgrunt(a)gmail.com> Public News Service-WV April 13, 2010 "Something Fishy" At Mine Where 29 Died CHARLESTON, W.Va. -Federal mine safety officials say explosions like the one that killed 29 West Virginia miners last week are completely preventable. Such things shouldn't happen, they say. And congressman Nick Rahall, whose district includes Montcoal, says the record at Massey Energy's Upper Big Branch Coal Mine there smells. "Doesn't take a rocket scientist to determine by looking at all the violations that have been issued here that something was wrong, something was fishy here. That's clear by the whole public record." The Secretary-Treasurer of the West Virginia *AFL-CIO*, Larry Matheney, says one problem is that miners don't complain about safety for fear of losing their jobs. "It's the economy and high unemployment, particularly in the coal fields; miners' economic survival, their families versus personal safety, putting their lives at risk." Early indications suggest that methane built up in the mine and ignited. An investigation by the Charleston Gazette suggests that parts of the mine might have been shut down, except that Massey aggressively fought regulators' efforts to close off unsafe areas. Massey contends those violations had nothing to do with the accident. Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/13438-1<http://www.publicnewsservice.org/index.php?/content/article/13438-1> --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org <remove(a)publicnewsservice.org?subject=remove>and put the word "remove" in the subject line. -- 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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NY Times Editorial: Mourning in the Mountains
by Paul Wilson 10 Apr '10

10 Apr '10

April 7, 2010 NY Times Op-Ed Contributor Mourning in the Mountains By DENISE GIARDINA Charleston, W.Va. PEOPLE in West Virginia had hoped that on Monday night we would gather around televisions with family and friends to watch our beloved Mountaineers face Butler in our first chance at the men’s N.C.A.A. basketball title since 1959. Men working evening shifts in the coal mines would get to listen thanks to radio coverage piped in from the surface. Expectations ran high; even President Obama, surveying the Final Four, predicted West Virginia would win. Then, on Tuesday morning, we would wake to triumphant headlines in sports pages across the country. At last, we would say, something good has happened to West Virginia. The whole nation would see us in a new light. And we would cry. Instead, halfway through Saturday night’s semifinal against Duke, our star forward, Da’Sean Butler, tore a ligament in his knee, and the Mountaineers crumbled. And on Monday evening, while Duke and Butler played in what for us was now merely a game, West Virginians gathered around televisions to watch news of a coal mine disaster<http://www.nytimes.com/2010/04/07/us/07westvirginia.html?ref=us> . On Tuesday, the headline in The Charleston Gazette read instead: Miners Dead, Missing in Raleigh Explosion. And we cried. Despite the sunny skies and unseasonably warm weather, the mood here in southern West Virginia is subdued. As of Tuesday afternoon, 25 men have been confirmed dead, two are critically injured, and four are missing and presumed dead. Their fellow West Virginians work round the clock and risk their own lives to retrieve the bodies. Already outrage is focused on Massey Energy, owner of the Upper Big Branch mine. Massey has a history of negligence, and Upper Big Branch has often been cited in recent years for problems, including failure to properly vent methane gas, which officials say might have been the cause of Monday’s explosion. It seems we can’t escape our heritage. I grew up in a coal camp in the southern part of the state. Every day my school bus drove past a sign posted by the local coal company keeping tally, like a basketball scoreboard, of “man hours” lost to accidents. From time to time classmates whose fathers had been killed or maimed would disappear, their families gone elsewhere to seek work. We knew then, and know now, that we are a national sacrifice area. We mine coal despite the danger to miners, the damage to the environment and the monomaniacal control of an industry that keeps economic diversity from flourishing here. We do it because America says it needs the coal we provide. West Virginians get little thanks in return. Our miners have historically received little protection, and our politicians remain subservient to Big Coal. Meanwhile, West Virginia is either ignored by the rest of the nation or is the butt of jokes about ignorant hillbillies. Here in West Virginia we will forget our fleeting dream of basketball glory and get about the business of mourning. It is, after all, something we do very well. In the area around the Upper Big Branch, families of the dead will gather in churches and their neighbors will come to pray with them. They will go home, and the same neighbors will show up bearing platters of fried chicken and potato salad and cakes. The funeral homes will be jammed, the mourners in their best suits and ties and Sunday dresses. And perhaps this time President Obama and Americans will pay attention, and notice West Virginia at last. Denise Giardina is the writer-in-residence at West Virginia State University. -- 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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Good Jobs Green Jobs conference
by Jim Sconyers 08 Apr '10

08 Apr '10

Anybody interested? Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Thu, 4/8/10, Scott Elkins <scott.elkins(a)sierraclub.org> wrote: From: Scott Elkins <scott.elkins(a)sierraclub.org> Subject: Last minute request To: "'Jim Sconyers'" <jim_scon(a)yahoo.com> Date: Thursday, April 8, 2010, 3:51 PM Jim: This is last minute, but I’m wondering if you can identify 2-4 chapter folks from West Virginia who would be interested in attending the Good Jobs, Green Jobs Conference in Washington DC , May 4-6. The Club can cover travel and lodging costs for up to four chapter folks from West Virginia , but the trick is that we need to get the folks identified and signed up by Monday, April 19th. Also, we want the folks to be willing to commit to three things at and after the event: • Participate in the conference Advocacy Day on May 6, spending a full day participating in meetings with U.S. Representatives and Senators to discuss green jobs. • Expand our on-the-ground relationships with labor, by recording your existing labor contacts on the conference registration form and, by using the conference as a networking opportunity, expanding your local connections. • Post-GJGJ Collaboration: Commit to pursuing one or more follow up initiatives or activities with your local contacts, and to report on them in a follow-up survey, approximately two months after the conference. If you can identify some folks in West Virginia who are game for this, please have them sign up at this web address http://spreadsheets.google.com/viewform?formkey=dGxjUThyWDJ5M0FfMXZiRUNRamo…. After they sign up, one of our staff in DC will get in touch with them about arranging travel and hotel. If you can help out with this, Jim, I’d appreciate it. If you’re too busy but know of someone else in the chapter who may be able to help recruit for this, that would be great too. Thanks, Scott Scott Elkins Director for Chapter Coordination - Climate Recovery Campaign Sierra Club 2327 E Franklin Ave Minneapolis MN 55406 tel. 612-659-9124 fax 612-659-9129 cell 612-720-0793

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Fwd: Fw: WaPo: Massey Energy has litany of critics, violations
by Paul Wilson 07 Apr '10

07 Apr '10

fyi, in case you don't get the Washington comPost. paul ---------- Forwarded message ---------- From: Bruce Hamilton <Bruce.Hamilton(a)sierraclub.org> Date: Tue, Apr 6, 2010 at 2:14 PM Subject: Fw: WaPo: Massey Energy has litany of critics, violations To: pjgrunt(a)gmail.com ----- Forwarded by Bruce Hamilton/Sierraclub on 04/06/2010 11:14 AM ----- From: Josh Dorner/Sierraclub To: #Coal, #Media, #conservation-carbon Date: 04/06/2010 11:07 AM Subject: WaPo: Massey Energy has litany of critics, violations ------------------------------ We are of course still confining any public comments to our concerns about the miners and their families; however, it hasn't taken reporters too long to uncover all of Massey's problems--including more than 50 safety violations *last month* at the mine where the accident occurred. *Massey Energy has litany of critics, violations* By Steven Mufson Washington Post Staff Writer Tuesday, April 6, 2010; 1:47 PM *Massey Energy*<http://financial.washingtonpost.com/custom/wpost/html-qcn.asp?dispnav=busin…>, owner of the coal mine where at least *25 miners died this week*<http://www.washingtonpost.com/wp-dyn/content/article/2010/04/05/AR201004050…>, and its outspoken chief executive, Don Blankenship, have long been lightning rods for critics of the coal industry. And although the company says that its safety record is better than the industry average, Massey has frequently been cited for safety violations, including about 50 citations at the Upper Big Branch mine in March alone. Many of those 50 citations were for poor ventilation of dust and methane, failure to maintain proper escape ways, and the accumulation of combustible materials. The U.S. Mine Safety and Health Administration cited the mine for 1,342 safety violations from 2005 through Monday for a total of $1.89 million in proposed fines, according to federal records. The company has contested 422 of those violations, totaling $742,830 in proposed penalties, according to federal officials. Blankenship has called congressional Democrats seeking climate change legislation "greeniacs" and "all crazy." He's said, "I don't believe that climate change is real," and that House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Harry M. Reid (D-Nev.) "don't know what they're talking about." And in a video promoting a Labor Day music and political event last year, he said, "We're going to have Hank Williams and a very good time, but we're also going to learn how environmental extremists and corporate America are both trying to destroy your job." He has also thrown his weight around West Virginia, shelling out more than $3 million of his own money for ads to help defeat a West Virginia state Supreme Court justice. Blankenship expected the justice to rule against Massey in an appeal of a $50 million award for a small coal company owner, who convinced a jury that Massey had driven his company into bankruptcy. The new judge cast the deciding vote against the $50 million award. The U.S. Supreme Court later ruled that the new judge should have recused himself. As a director of the U.S. Chamber of Commerce, Blankenship has helped buttress the chamber's tough position against a climate change bill that many other corporate members support. In November, he donated $30,400 to the National Republican Senatorial Committee. Blankenship is also a longtime foe of unions, earning the enmity of union leaders. The mine where the accident took place Monday is a nonunion mine. Although environmental groups have been working to stop the construction of new coal-fired power plants in order to stop the increase in greenhouse gases, coal continues to play a major role in the nation's energy picture. A little less than half of electricity in the United States is generated by coal-fired plants. And coal is also used by much of U.S. industry for power needs. News of the mine disaster pummeled the stock of Massey, the nation's fourth largest coal company. At 1:30 p.m., the company's stock was down more than 10 percent, erasing more than $400 million of market value. Massey, which is headquartered in Richmond, has operations in West Virginia, Kentucky and Virginia and is the largest coal producer in Central Appalachia. The company boasts on its *Web site* <http://www.masseyenergyco.com/> that it has a good safety record compared with the rest of the industry. "In 2009, Massey recorded an all-time best NFDL incident rate (a measure of lost-time accidents) of 1.67," the site says. "This is an improvement over last year's rate of 1.93, our previous best result. By comparison, the bituminous coal mining industry average NFDL rate was 2.95 in 2008. 2009 marked the 6th consecutive year and the 17th year out of the past 20 years in which Massey's safety performance was stronger than the industry average." But the company had a litany of violations just last month at the Upper Big Branch mine, according to the U.S. Mine Safety and Health Administration Web site. In March, U.S. Mine Safety and Health Administration officials cited the mine, which is owned by Massey subsidiary Performance Coal Co., for failing to control dust; improperly planning to ventilate the mine of dust and the combustible gas methane; inadequate protection from roof falls; failing to maintain proper escapeways; and allowing the accumulation of combustible materials." Mining companies are permitted to contest violations and proposed penalties and safety violations are not placed on a company's permanent safety record until a dispute is settled, officials said. The 2006 MINER Act in the wake of the 2006 Sago Mine disaster bolstered the agency's inspection staff and increased penalties for safety violations. The change in law has led to a higher number of citations and penalties and more challenges by companies, federal mine safety officials said. The Associated Press reports that "in seven of the last 10 years, the mine has recorded a non-fatal injury rate worse than the national average for similar operations, according to MSHA statistics. One miner was killed at the operation in a July 2003 electrical accident and another in a March 2001 roof fall, according to MSHA records." Blankenship has a *Twitter feed* <http://twitter.com/DonBlankenship>, but he has not written anything about the accident and has not updated the feed in the past week. On March 26, he posted a link to a list of senators who he said "support higher taxes, higher electric bills and fewer American jobs." Earlier that day, he wrote: "New study in Geophysical Research Letters finds strong winds cause ice loss in Arctic Those full of hot air like Gore should avoid the Arctic." *Staff reporter Ed O'Keefe and research director Lucy Shackelford contributed to this report.* ----------------- Josh Dorner Sierra Club tel 202.675.2384 cel 202.679.7570 -- 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: Fw: Agenda for April 22-23 EIPC Stakeholder meeting
by Paul Wilson 07 Apr '10

07 Apr '10

fyi, paul ---------- Forwarded message ---------- From: Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> Date: Tue, Apr 6, 2010 at 12:54 PM Subject: Fw: Agenda for April 22-23 EIPC Stakeholder meeting To: CONS-ELP-TRANS-LINES-FORUM(a)lists.sierraclub.org ----- Forwarded by Elena Saxonhouse/Sierraclub on 04/06/2010 09:54 AM ----- From: <eipconline(a)keystone.org> To: <eipconline(a)keystone.org> Date: 04/06/2010 09:46 AM Subject: Agenda for April 22-23 EIPC Stakeholder meeting Sent by: eipclist-bounces(a)keystone.org ------------------------------ [image: Text Box: Comments on the EIPC straw proposal for the Stakeholder Steering Committee (SSC) and the agenda for the Eastern Interconnection-wide stakeholder meeting on Thurs. and Fri., April 22-23, in St. Louis, Missouri have been posted at http://eipconline.com/document_library.php. To attend the meeting you must register by April 14th, by completing the information at: http://www.zoomerang.com/Survey/WEB22AE6SFFYEB. All attendees must make their own travel arrangements. The information about the hotel and room block is provided when you register (and there is no confirmation email, so please print out the page when you complete the survey). We strongly encourage everyone to attend in person and to send individuals who can speak on behalf of their organization. Decisions about the structure and selection process for the SSC will be made at this meeting. Stakeholders who cannot attend will have remote access to the meeting through a webinar link to the plenary sessions and a conference call number for discussions that occur in breakout sessions. These will be sent out in a future email. If you have further questions about the meeting logistics or would like to unsubscribe from this list, please contact Eileen at Emiller(a)keystone.org. Other questions should be directed to dwhiteley(a)eipconline.com or cmorris(a)keystone.org.] _______________________________________________ EIPClist mailing list EIPClist(a)keystone.org http://keystone.org/mailman/listinfo/eipclist_keystone.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- 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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Re: [EC] Selenium compliance extensions
by Jim Sconyers 02 Apr '10

02 Apr '10

I'm trying not to float off on a cloud of euphoria - Spruce veto, end of valley fills, appeal of Mingo CTL, ..... Reality bites: gotta wait and see what actually changes. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 4/2/10, clrank(a)hughes.net <clrank(a)hughes.net> wrote: From: clrank(a)hughes.net <clrank(a)hughes.net> Subject: Re: Selenium compliance extensions To: dteaney(a)appalachian-center.org Cc: jlovett(a)appalachian-center.org, JHECKER(a)publicjustice.net, mjanes(a)hardynet.com, aaron.isherwood(a)sierraclub.org, jim_scon(a)yahoo.com, dbady.ovec(a)gmail.com, janet.ovec(a)gmail.com, vernoncrmw(a)gmail.com, vivian(a)ohvec.org Date: Friday, April 2, 2010, 10:58 AM You write: "This is good news. It has been a good week. I hope everyone has a great weekend." Wonderful to have cause to make those statements.....Maybe you should date it, frame it and hang it on your wall. ... i might --- just as a reminder that all things are possible - if only for the briefest of moments. Cindy __________________ On Apr 2, 2010, Derek Teaney <dteaney(a)appalachian-center.org> wrote: All – EPA Region III just informed me that they issued general objections to all pending selenium compliance schedule extensions. The legal effect is to extend EPA’s time to provide specific comments for 90 days. The practical effect is to cause serious anti-backsliding issues because DEP was unable to issue the extensions prior to the final compliance deadline of April 5, 2010. This is good news. It has been a good week. I hope everyone has a great weekend. Cheers, Derek Derek Teaney Senior Attorney Appalachian Center for the Economy and the Environment P.O. Box 507 Lewisburg, WV 24901 Phone (304) 793-9007 Fax (304) 645-9008 dteaney(a)appalachian-center.org INFORMATION CONTAINED IN THIS COMMUNICATION IS PRIVILEGED AND/OR CONFIDENTIAL, INTENDED ONLY FOR THE INDIVIDUAL/ENTITY NAMED ABOVE. IF THE READER OF THIS NOTICE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTURBANCE, OR COPYING OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY PHONE (304) 793-9007 OR EMAIL, AND DELETE IT FROM YOUR COMPUTER. THANK YOU.

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Fwd: Follow-up to East/Midwest/Plains Transmission Planning Process
by Paul Wilson 01 Apr '10

01 Apr '10

John and I were on this conf. call yesterday. I did not hear if anyone else from WV was on the call. I had a Resilient Habitats call at 6pm so I logged off this call then. I do not have time to follow up on this so I leave it to the Energy Comm. to take the lead if you want the chapter active on this issue. best, paul ---------- Forwarded message ---------- From: Mark Kresowik <Mark.Kresowik(a)sierraclub.org> Date: Wed, Mar 31, 2010 at 6:25 PM Subject: Follow-up to East/Midwest/Plains Transmission Planning Process To: CONS-ELP-TRANS-LINES-FORUM(a)lists.sierraclub.org A big thank you to everyone who joined the call today, it was very productive. One follow-up item requested was more detailed information about the Stakeholder Steering Committee selection process and the April 22-23rd meeting in St. Louis. Below is more information for you, and I've attached both the public interest organization comments and the supplemental comments submitted today. (See attached file: EIPC SSC Straw Proposal_Responsibilities_Final.pdf)(See attached file: Final Supplemental Comments of EIPC PIOS on SSC Proposal.doc)(See attached file: PIO Straw Proposal Comments 31March2010.pdf) Mark Kresowik Corporate Accountability and Finance Representative Sierra Club's Beyond Coal Campaign mark.kresowik(a)sierraclub.org 202-675-7914 (o) 319-621-7393 (c) 202-547-6009 (f) 408 C St NE Washington, DC 20002 ----- Forwarded by Mark Kresowik/Sierraclub on 03/31/2010 06:12 PM ----- From: <eipconline(a)keystone.org> To: <eipconline(a)keystone.org> Date: 03/31/2010 05:11 PM Subject: REMINDER: EIPC Stakeholder Participation Information Sent by: eipclist-bounces(a)keystone.org Dear Interested EIPC Stakeholders, The EIPC held a series of webinars mid-March to share a straw proposal on the EIPC Stakeholder Steering Committee (SSC) formation. The description of the proposal, webinar slides, recordings of the webinars, and the participants can be found on the EIPC website: http://eipconline.com in the library. We invite your written comments on the straw proposal until Mar. 31st by sending them to dwhiteley(a)eipconline.com. (Please note that the email address provided at the first webinar was incorrect.) These comments will also be posted on the website and considered in the next iteration of the SSC straw proposal. To reach agreement among stakeholders on the final SSC make-up and selection process, the EIPC is holding an Eastern Interconnection-wide stakeholder meeting on Thurs. and Fri., April 22-23, in St. Louis, Missouri. Register to attend with the link below. All attendees must make their own travel arrangements. The information about the hotel and room block is provided when you register. We strongly encourage everyone to attend in person, however; stakeholders who cannot attend will have remote access to the meeting through a webinar link to the plenary sessions and a conference call number for discussions that occur in breakout sessions. These will be sent out in a future email. To register by April 14th, go to: http://www.zoomerang.com/Survey/WEB22AE6SFFYEB The agenda and materials on the straw proposal will be sent to all registered participants the week before the meeting. If you have further questions about the meeting logistics, please contact Eileen at Emiller(a)keystone.org. Other questions should be directed to dwhiteley(a)eipconline.com or cmorris(a)keystone.org. _______________________________________________ EIPClist mailing list EIPClist(a)keystone.org http://keystone.org/mailman/listinfo/eipclist_keystone.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- 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: WVNS story: Coal Slurry Battle Brews Across the Ohio River From Wheeling
by Paul Wilson 01 Apr '10

01 Apr '10

---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Thu, Apr 1, 2010 at 4:04 AM Subject: WVNS story: Coal Slurry Battle Brews Across the Ohio River From Wheeling To: PaulWilson <pjgrunt(a)gmail.com> Public News Service-WV April 01, 2010 Coal Slurry Battle Brews Across the Ohio River From Wheeling CHARLESTON, W.V. - Two years after environmental regulators denied a petition by Ohio's largest coal mining company to build a coal slurry impoundment, Murray Energy is trying again. The company has submitted plans to that state's Environmental Protection Agency (EPA) to build a coal slurry facility in Belmont County, across the river and to the south from Wheeling. Opponents say the slurry would pose an environmental threat. Nachy Kanfer, spokesperson for the *Sierra Club's* Beyond Coal Campaign, says it would contain billions of gallons of water, slate and mud polluted with mercury, lead, arsenic and cyanide. "The Ohio EPA and the Strickland administration showed a lot of courage in 2008 when they upheld the law and they upheld strong public health standards and protected communities in southeast Ohio. They need to be that courageous again." Murray Energy and some members of the surrounding communities argue at least 62 percent of the local jobs rely on the Powahaton No. 6 and American Century Mines, and hundreds of jobs could be lost if those mines closed because the slurry project didn't move forward. Kanfer suggests Ohio instead look at the broader picture of how cleaner forms of energy can create jobs. "We need to be thinking about how to bring jobs to coal field communities in the state because, otherwise, this is what we are going to be faced with; unpleasant choices either to build a disaster-waiting-to-happen - like a coal slurry impoundment - or to do nothing at all." Other critics of Murray and it's controversial owner say the company has a history of mine safety and environmental violations. At a public hearing this week, resident Margaret Tomblin said her land already has been damaged from suspected coal blasting, which Murray Energy has denied. "There's a 200 year-old house that has shifted and the doors won't shut anymore and the barn doors have fell over and animals are running scared and the environment is changing." A state task-force has recommended over a dozen other ways to handle the waste, but Murray Energy claims this proposal is the only feasible option, and also states it would manage the operation safely. More information at www.sierraclub.org/coal/oh. Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/13303-1<http://www.publicnewsservice.org/index.php?/content/article/13303-1> --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org <remove(a)publicnewsservice.org?subject=remove>and put the word "remove" in the subject line. -- 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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Fw: A Huge Victory for Clean Cars
by Jim Sconyers 29 Mar '10

29 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/29/10, Ann Mesnikoff, Sierra Club <membership.services(a)sierraclub.org> wrote: From: Ann Mesnikoff, Sierra Club <membership.services(a)sierraclub.org> Subject: A Huge Victory for Clean Cars To: jim_scon(a)yahoo.com Date: Monday, March 29, 2010, 4:07 PM Sierra Club #yiv1033776726 #yiv1033776726 .normal, #yiv1033776726 , #yiv1033776726 p, #yiv1033776726 td, #yiv1033776726 tr, #yiv1033776726 h1, #yiv1033776726 h2, #yiv1033776726 h3, #yiv1033776726 h4, #yiv1033776726 h5, #yiv1033776726 h6, #yiv1033776726 ul, #yiv1033776726 li, #yiv1033776726 div, #yiv1033776726 input, #yiv1033776726 textarea, #yiv1033776726 option, #yiv1033776726 select { font-family:verdana, arial, helvetica, sans-serif;font-style:normal;} #yiv1033776726 .normal, #yiv1033776726 , #yiv1033776726 p, #yiv1033776726 td, #yiv1033776726 tr, #yiv1033776726 li, #yiv1033776726 div, #yiv1033776726 input, #yiv1033776726 textarea, #yiv1033776726 option, #yiv1033776726 select {font-size:12px;} #yiv1033776726 .normal {color:#000000;} #yiv1033776726 {background-color:#ffffff;} #yiv1033776726 #yiv1033776726 a {color:#333366;} #yiv1033776726 a:visited {color:#666666;} #yiv1033776726 a:hover {color:#3333ff;} #yiv1033776726 #yiv1033776726 .blackborder {border-color:#000000;} #yiv1033776726 #yiv1033776726 .smalltext {font-size:10px;} #yiv1033776726 .verysmalltext {font-size:9px;} #yiv1033776726 #yiv1033776726 H1, #yiv1033776726 .header { font-size:14px;color:#000000;font-weight:700;} #yiv1033776726 .issueheader { margin-bottom:5px;color:#669900;} #yiv1033776726 #yiv1033776726 H2, #yiv1033776726 .subtitle { font-size:12px;color:#669900;font-weight:700; } View a web version of this email. Dear Jim, Tell Your Representative to Protect the EPA's Ability to Set Clean Car Standards The EPA is poised to announce a historic new clean cars rule that marks the first major increase in fuel economy standards since their inception in 1975. But some members of Congress want to take away the EPA's Clean Air Act authority to set tailpipe standards for global warming pollution. Call your representative and ask Congress to celebrate this victory by protecting the EPA's ability to limit greenhouse gas emissions from our cars. Tired of feeding money into your gas tank? Updated fuel economy standards will save consumers billions of dollars at the pump. Worried about our country's security? The EPA's rule will reduce oil consumption by nearly 2 billion barrels. That's more oil than we imported in 2008 from Saudi Arabia, Venezuela, Libya and Nigeria combined! Want America to take the lead in the fight against global warming? Cleaner cars will cut our global warming emissions by 30%. We can't let Big Oil undermine this huge victory for our country and our planet by taking away the EPA's ability to set these standards -- call your representative today. Polluters are trying to portray EPA action to fight global warming as controversial, but the truth is that both the auto industry and the United Auto Workers support new standards. Why? Because in addition to saving us money, making our country more secure, and fighting global warming, the new standards will also help more sustainable and competitive domestic auto industry flourish in the 21st century. A couple of minutes is all it takes to protect our economy, our security and our environment -- please make your call today. Thank you for all you do to protect the environment. Ann Mesnikoff Green Transportation Campaign Director P.S. Please forward this message to your friends and family. If you do not wish to receive future emails like this, click here to be removed from this type of email contact. Update My Profile | Manage My Email Preferences | Update My Interests Sierra Club 85 Second St. San Francisco, CA 94105

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Fw: re: Sierra Club appeals TransGas West Virginia CTL air permit
by Jim Sconyers 29 Mar '10

29 Mar '10

FYI Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 ======================================================== Groups Appeal Mingo County Coal-to-Liquids Facility Air Permit Updated Monday, March 29, 2010; 12:31 PM From: The State Journal ( Charleston , West Virginia ) Sierra Club, Coal River Mountain Watch and others say the proposed plant's air pollution emissions have been underestimated. Story by Pam Kasey CHARLESTON -- State environmental groups filed an appeal March 29 of the permit for a coal-to-liquids plant proposed for Mingo County by TransGas Development Systems of New York. The plant’s air pollution emissions have been underestimated by the company and by the West Virginia Department of Environmental Protection, according to appellants the Sierra Club, Ohio Valley Environmental Coalition, Coal River Mountain Watch and West Virginia Highlands Conservancy. By classifying the facility as a “minor” rather than a “major” source of pollutants, they argue, the WVDEP Division of Air Quality is allowing the developers to avoid expensive analyses and control technologies. TransGas first proposed the plant in December 2008. As proposed, the $3 billion plant would require 3 million tons of locally mined coal each year and would produce more than 6.5 million barrels of gasoline, along with other products; it would employ 3,000 during construction and 200 thereafter. WVDEP’s DAQ issued an air pollution permit on Feb. 25 allowing the company to begin construction. But TransGas and DAQ did not properly estimate the plants emissions, according to the appeal filed with the West Virginia Air Quality Board. Among other questions, the appellants are asking the board to determine whether the TransGas facility has the potential to emit greater than 100 tons per year of sulfur dioxide, carbon monoxide, particulate matter, nitrogen oxides and/or volatile organic compounds and should therefore be issued a “major source” rather than a “minor source” permit. The appeal would require TransGas and DEP to reveal all expected air pollution and to include control technology to protect human and environmental health. -30-

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Fwd: Fw: Water News Release (HQ): EPA Proposes Veto of Mine Permit Under the Clean Water Act
by Paul Wilson 26 Mar '10

26 Mar '10

A little more info on the Spruce No. 1 mine in Logan County. ---------- Forwarded message ---------- From: Fred Heutte <phred(a)sunlightdata.com> Date: Fri, Mar 26, 2010 at 6:19 PM Subject: Fw: Water News Release (HQ): EPA Proposes Veto of Mine Permit Under the Clean Water Act To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org ------ mail forwarded, original message follows ------ From: usaepa(a)govdelivery.com <U.S. EPA> Subject: Water News Release (HQ): EPA Proposes Veto of Mine Permit Under the Clean Water Act Date: Fri, 26 Mar 2010 11:03:30 -0500 (CDT) *CONTACT:* EPA Press Office press(a)epa.gov 202-564-6794 202-564-7873 * * *FOR IMMEDIATE RELEASE* March 26, 2010 *EPA Proposes Veto of Mine Permit Under the Clean Water Act * " " *WASHINGTON* - The U.S. Environmental Protection Agency (EPA) today announced its proposal under the Clean Water Act to significantly restrict or prohibit mountain top mining at the Spruce No. 1 surface mine in Logan County, W. Va. Spruce No.1 mine is one of the largest mountaintop removal operations ever proposed in Central Appalachia. The project was permitted in 2007 and subsequently delayed by litigation. The Spruce No. 1 mine would bury over 7 miles of headwater streams, directly impact 2,278 acres of forestland and degrade water quality in streams adjacent to the mine. EPA's proposed determination comes after extended discussions with the company failed to produce an agreement that would lead to a significant decrease of the environmental and health impacts of the Spruce No. 1 mine. "Coal, and coal mining, is part of our nation's energy future, and for that reason EPA has made repeated efforts to foster dialogue and find a responsible path forward. But we must prevent the significant and irreversible damage that comes from mining pollution -- and the damage from this project would be irreversible," said EPA Regional Administrator for the Mid-Atlantic, Shawn Garvin. "This recommendation is consistent with our broader Clean Water Act efforts in Central Appalachia. EPA has a duty under the law to protect water quality and safeguard the people who rely on these waters for drinking, fishing and swimming." EPA has used its Clean Water Act veto authority in just 12 circumstances since 1972 and never for a previously permitted project. The proposed determination, signed today by Regional Administrator Garvin, identifies numerous potential adverse impacts associated with the Spruce No.. 1 project: . *Water Quality Impacts: *The mine will cause* *adverse impacts to drinking water, native aquatic and water- dependent communities in the Spruce Fork watershed. Drainage from the Spruce No. 1 project is likely to include high levels of total dissolved solids (TDS) and selenium which adversely affect the naturally occurring aquatic communities. These include birth defects in fish and other aquatic life and can also result in toxic effects to embryos, resulting in abnormal development or death for those organisms. . *Fish and Wildlife Impacts:* Mining waste placed into headwater streams will impact fish and wildlife which depend for all or part of their lifecycles on these headwater systems. Ecosystem functions performed by headwaters are lost when the headwater stream is buried or removed. These functions are lost not only to the headwater stream itself, but also to downstream aquatic ecosystems. . *Mitigation Impacts:* The project's mitigation plan inadequately evaluates the nature and extent of mining related aquatic impacts and therefore fails to replace streams' lost ecological services. Natural stream channels buried by mining will be replaced, in part, by ditches being built to drain stormwater off of the mine, not to compensate for natural stream losses. These ditches will also drain water contaminated by mining into streams adjacent to the mine. . *Cumulative Mining Impacts: *EPA believes that the Spruce No. 1 project, in conjunction with numerous other mining operations either under construction or proposed for the Coal River basin, will contribute to the cumulative loss of water quality, aquatic systems, and forest resources. The Coal River basin is already heavily mined and substantially impaired. Landscape and site specific assessments reveal that past and current mountaintop mining has caused substantial, irreplaceable loss of resources and an irreversible effect on these resources within the Coal River basin. CWA Section 404(c) authorizes EPA to restrict or prohibit placing certain pollutants in streams, lakes, rivers, wetlands and other waters if the agency determines that the activities would result in "unacceptable adverse impacts" to the environment, water quality, or water supplies. This authority applies to proposed projects as well as projects previously permitted under the CWA. A final decision to restrict or prohibit the Spruce No.1 mine will be made in EPA Headquarters based on a recommendation from the Regional Administrator, public comments, and discussions with the Army Corps of Engineers and the Mingo Logan Coal Company. The proposed determination is being published in the federal register* *and EPA is taking public comment for 60 days. EPA is also scheduling a public hearing in West Virginia to provide an additional opportunity for public input. The proposed determination: http://www.epa.gov/region03/mtntop/spruce1documents.html R088 Note: If a link above doesn't work, please copy and paste the URL into a browser. View all news releases related to water [ http://service.govdelivery.com/service/edition.html?code=USAEPA_26 &format=Web&email_type=bulletin<http://service.govdelivery.com/service/edition.html?code=USAEPA_26%0A&forma…>] ________________________________________________________________________ Please join the conversation on our new open government Web site [ http://www.epa.gov/open/index.html?gd ]. EPA Seal You can view or update your subscriptions or e-mail address at any time on your Subscriber Preferences Page [ https://service.govdelivery.com/service/user.html?code=USAEPA ]. All you will need is your e-mail address. If you have any questions or problems e-mail support(a)govdelivery.com for assistance. This service is provided to you at no charge by U.S. Environmental Protection Agency [ http://www.epa.gov/ ]. Visit Us on Facebook [ http://facebook.com/epa ] Visit Us on Twitter [ http://twitter.com/epagov ] Visit Us on YouTube [ http://youtube.com/usepagov ] Visit Us on flickr [ http://flickr.com/usepagov ] Sent by the U.S. Environmental Protection Agency . 1200 Pennsylvania Avenue NW . Washington DC 20460 . 202- 564-4355 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 "In all things of nature there is something of the marvelous" ~ Aristotle

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FW: Fwd: More state and local victories
by Grubb, Karen 26 Mar '10

26 Mar '10

Yes I do mean that one. From: Frank Young [mailto:fyoung@mountain.net] Sent: Friday, March 26, 2010 5:54 PM To: Grubb, Karen Subject: Re: [EC] Fwd: More state and local victories Karen, if you mean WV Senate Bill 614, relating to the Public Service Commission and power transmission lines, no, it has not yet been signed into law. Bill Howley writes: The enrolled version is now up on the WV Leg. site. I have just done a post on The Power Line here <http://calhounpowerline.wordpress.com/2010/03/24/final-version-of-sb614 -now-available/> . My post has links to the final version and directions on where to find the changes, because the enrolled version is the new version of the WV statute without annotation of changes. The fact that the enrolled version is now available on the Web means that it is probably on its way to Manchin for signature. Bill Frank ----- Original Message ----- From: Grubb, Karen <mailto:Karen.Grubb@fairmontstate.edu> To: WV Chapter Energy Committee <mailto:EC@osenergy.org> Sent: Friday, March 26, 2010 12:44 PM Subject: Re: [EC] Fwd: More state and local victories PSC bill? Has it been signed into law? From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of Paul Wilson Sent: Friday, March 26, 2010 12:28 PM To: WV Chapter Energy Committee Subject: [EC] Fwd: More state and local victories Let Scott know if/when we get any notable victories. paul ---------- Forwarded message ---------- From: Scott Elkins <scott.elkins(a)sierraclub.org> Date: Fri, Mar 26, 2010 at 11:57 AM Subject: More state and local victories To: CONS-CRP-MEMBERS(a)lists.sierraclub.org A big state victory was registered last week in Colorado, with the Sierra Club helping to win successful passage of the second most aggressive Renewable Electricity Standard in the country. The bill also set in place strong labor standards and small-scale distributed generation standards. Read all about it on the victory tracker here: http://clubhouse.sierraclub.org/chapters/tracker/2010/03-10-CO-RES.aspx Has your chapter or group won a victory recently? Did you score a big win in the past year or two that you want to crow about? Tell us about it on our online form at http://tinyurl.com/y8fn9an and we'll get it posted on the tracker within a week. Remember, the Club's professional communications staff use the tracker as a source of stories for online and print publications, so it's a great way to get the word out about your success. Regards, Scott E. Scott Elkins Director for Chapter Coordination - Climate Recovery Campaign Sierra Club 2327 E Franklin Ave Minneapolis MN 55406 tel. 612-659-9124 fax 612-659-9129 cell 612-720-0793 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-CRP-MEMBERS list, send any message to: CONS-CRP-MEMBERS-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 "In all things of nature there is something of the marvelous" ~ Aristotle ________________________________ _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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Please write LTE's re Spruce; Sierra Club's suggested talking pts below
by Aaron Isherwood 26 Mar '10

26 Mar '10

Jim and others: It would be great if folks could submit letters to the editor praising EPA for its announcement today on Spruce. I'm attaching some suggested talking points to help you prepare letters. Thanks, Aaron 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.

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Re: [EC] Sierra Club statement: EPA Recommends No Mining at Massive Mountaintop Removal Site
by Jim Sconyers 26 Mar '10

26 Mar '10

This is absolutely dynamite - - no, nuclear! Some stuff will surely hit the fan!! Amazingly, environmental justice is even included as one of the objections to Spruce. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 3/26/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: Sierra Club statement: EPA Recommends No Mining at Massive Mountaintop Removal Site To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com> Date: Friday, March 26, 2010, 1:07 PM Breaking news... Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 http://action.sierraclub.org/site/MessageViewer?em_id=167241.0 For Immediate Release -- March 26, 2010 Contact: Oliver Bernstein, Sierra Club, 512.477.2152 EPA Recommends No Mining at Biggest Proposed Mountaintop Removal Coal Mine Statement from Sierra Club Director of Environmental Quality Ed Hopkins Washington, D.C. -- The U.S. Environmental Protection Agency (EPA) today recommended restricting or prohibiting mining at the nation’s largest proposed mountaintop removal coal mining site, the Spruce No. 1 Mine in Logan County, West Virginia. In response the Sierra Club's Director of Environmental Quality, Ed Hopkins, issued the following statement: "It is good to see the EPA applying more scientifically rigorous analysis to these permits. The best available science tells us that proposed mines like the massive Spruce Mine would pollute waterways, destroy mountains and devastate communities. "We hope that the agency follows through on this recommendation. This massive mine would bury seven miles of streams, destroy thousands of acres of land and disrupt local communities. Mountaintop removal coal mining is an egregious environmental injustice and an embarrassment for America. "Local residents have been actively challenging the approval of this permit at the Spruce No. 1 Mine in Logan County for more than twelve years. With the 40th anniversary of Earth Day approaching, it's time for the Obama administration to fix the Bush administration rulemaking that allows mines to fill waterways with waste." EPA's proposed determination is attached. ### -- Oliver Bernstein Senior Communications Strategist Sierra Club Phone: 512.477.2152 Cell: 512.289.8618

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Fwd: More state and local victories
by Paul Wilson 26 Mar '10

26 Mar '10

Let Scott know if/when we get any notable victories. paul ---------- Forwarded message ---------- From: Scott Elkins <scott.elkins(a)sierraclub.org> Date: Fri, Mar 26, 2010 at 11:57 AM Subject: More state and local victories To: CONS-CRP-MEMBERS(a)lists.sierraclub.org A big state victory was registered last week in Colorado, with the Sierra Club helping to win successful passage of the second most aggressive Renewable Electricity Standard in the country. The bill also set in place strong labor standards and small-scale distributed generation standards. Read all about it on the victory tracker here: http://clubhouse.sierraclub.org/chapters/tracker/2010/03-10-CO-RES.aspx Has your chapter or group won a victory recently? Did you score a big win in the past year or two that you want to crow about? Tell us about it on our online form at http://tinyurl.com/y8fn9an and we’ll get it posted on the tracker within a week. Remember, the Club’s professional communications staff use the tracker as a source of stories for online and print publications, so it’s a great way to get the word out about your success. Regards, Scott E. Scott Elkins Director for Chapter Coordination - Climate Recovery Campaign Sierra Club 2327 E Franklin Ave Minneapolis MN 55406 tel. 612-659-9124 fax 612-659-9129 cell 612-720-0793 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-CRP-MEMBERS list, send any message to: CONS-CRP-MEMBERS-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 "In all things of nature there is something of the marvelous" ~ Aristotle

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Demand Side Management in VA
by Jim Sconyers 25 Mar '10

25 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 3/24/10, Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> wrote: From: Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> Subject: Fw: State Corporation Commission News Release To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Date: Wednesday, March 24, 2010, 3:32 PM More support for flattening/declining demand in eastern states... ----- Forwarded by Elena Saxonhouse/Sierraclub on 03/24/2010 12:31 PM ----- From: Zainab Kents <Zainab.Kents(a)scc.virginia.gov> To: Date: 03/24/2010 09:54 AM Subject: State Corporation Commission News Release The following link is the SCC News Release. SCC APPROVES FIVE DEMAND-SIDE MANAGEMENT PROGRAMS FOR DOMINION POWER CUSTOMERS http://www.scc.virginia.gov/newsrel/e_domdsm_10.aspx Zai Kents State Corporation Commission Division of Information Resources (804) 371-9141; (804) 371-9361 zainab.kents(a)scc.virginia.gov - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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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US EPA priorities
by Duane330＠aol.com 22 Mar '10

22 Mar '10

MESSAGES FROM THE EPA ADMINISTRATOR: WHY ENVIRONMENTAL PROTECTION AND ECONOMIC PROSPERITY GO HAND IN HAND AND WHAT EPA'S SEVEN PRIORITIES ARE EPA Administrator Lisa P. Jackson spoke at the National Press Club on March 8 on how environmental protection and economic prosperity go hand in hand to build a healthier, more prosperous nation, that "…economic opportunity is not possible without sustainability," and that "Without clean energy, the global economy will be running on empty within our lifetimes." _Full text of her remarks_ (http://yosemite.epa.gov/opa/admpress.nsf/8d49f7ad4bbcf4ef852573590040b7f6/7…) . She also spoke earlier to EPA employees about EPA's seven priorities for EPA's future: * Taking Action on Climate Change * Improving Air Quality * Assuring the Safety of Chemicals * Cleaning Up Our Communities * Protecting America's Waters * Expanding the Conversation on Environmentalism and Working for Environmental Justice * Building Strong State and Tribal Partnerships _Read Administrator Jackson's memo_ (http://blog.epa.gov/administrator/2010/01/12/seven-priorities-for-epas-futu…) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Fwd: Oil leasing suspended to address climate change!
by Paul Wilson 20 Mar '10

20 Mar '10

see the reference to EPA cost-effective technologies to reduce methane waste. cheers, paul ---------- Forwarded message ---------- From: Bruce Hamilton <Bruce.Hamilton(a)sierraclub.org> Date: Fri, Mar 19, 2010 at 12:53 PM Subject: Oil leasing suspended to address climate change! To: CONS-AWL-RESILIENT-HABITATS(a)lists.sierraclub.org *WELC Victory! BLM Agrees to Suspend Drilling Leases to Address Climate Change** * Oil well on the Montana plains near Glacier National Park. [image: Oil Pump in Rocky Mountains, Montana] In a groundbreaking federal court settlement agreement reached today, the Bureau of Land Management is required to evaluate climate change concerns on oil and natural gas leases covering over 30,000 acres in Montana. Sixty-one oil and natural gas leases will be suspended pending the completion of that review process. "With Congress failing to exercise meaningful leadership on climate policy, it falls to citizens to step into the breach," said Erik Schlenker-Goodrich, WELC attorney on this case. "That's why we brought this lawsuit, and that's why we're very pleased that BLM came to the negotiating table and agreed to suspend these leases to take a hard look at our concerns." Western Environmental Law Center filed this pioneering climate and energy * lawsuit*<http://r20.rs6.net/tn.jsp?et=1103208437050&s=1467&e=001S-wTvLtU0Lkd6Lzbg-1F…>in December 2008 working with Montana Environmental Information Center, Earthworks' Oil and Gas Accountability Project, and WildEarth Guardians. The timing of this lawsuit was on the heels of the Bush Administration's final set of oil and natural gas lease sales for Montana. In May 2009, the lawsuit overcame a key hurdle when the district court ruled that an order by the Secretary of the Interior requiring Bureau of Land Management (BLM) to consider climate change could be enforced against BLM. We proceeded to move to the merits of the case, emphasizing concerns with methane, a greenhouse gas 72 times as potent as carbon dioxide over a 20-year time period, which sparked the discussions that led to the * settlement*<http://r20.rs6.net/tn.jsp?et=1103208437050&s=1467&e=001S-wTvLtU0LkeEF_yi4My…>agreement. EPA has already identified over 120 proven, cost-effective technologies and practices to reduce methane waste and make operations more efficient. Despite these economic and environmental gains, BLM has not considered these proven technologies and practices in its planning documents and does not yet require them as a condition of owning a federal oil and natural gas lease. We hope that the agreement reached today is the first step of many for BLM to ensure responsible oil and gas development in the face of climate change and tap into our country's most important resource: American ingenuity and can-do know how. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-AWL-RESILIENT-HABITATS list, send any message to: CONS-AWL-RESILIENT-HABITATS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- 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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Fw: An article on international Natural Gas situation
by Jim Sconyers 19 Mar '10

19 Mar '10

FYI - pretty interesting. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 3/19/10, Sunil Somalwar <sunil.somalwar(a)GMAIL.COM> wrote: From: Sunil Somalwar <sunil.somalwar(a)GMAIL.COM> Subject: An article on international Natural Gas situation To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Friday, March 19, 2010, 4:41 AM Don't know how reliable this article is, but seems mostly factual. http://ibtimes.com.au/articles/20100319/watch-unconventional-gas.htm Watch "Unconventional Gas" Sunil Somalwar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Fw: Re: Conversation With Mike Brune
by Jim Sconyers 19 Mar '10

19 Mar '10

FYI - phone conf call with Mike Brune, new Sierra Club Executive Director. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 3/19/10, Christina Yagjian <Christina.Yagjian(a)SIERRACLUB.ORG> wrote: From: Christina Yagjian <Christina.Yagjian(a)SIERRACLUB.ORG> Subject: Re: Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Friday, March 19, 2010, 5:03 PM You can hear the call with Michael Brune here: http://www2.teleconferencingcenter.com/moderator/BroadcastFrame.jsp?id=37e2… At the prompt, enter your name and email. To access by phone, call 888-899-7904 and enter the playback ID — 104380074# Regards, Christina Marie Yagjian National Conservation Organizer Sierra Club, Global Warming and Energy sierraclub.org/climateleaders 202.675.7911 From: Scott Elkins <scott.elkins(a)SIERRACLUB.ORG> To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: 03/19/2010 04:51 PM Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Sent by: Chp & Grp Global Warming Energy Chairs <CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG> Thanks for the prompt, Linda. I’m checking to see if it got recorded and when it will be available. I’ll respond as soon as I hear back. Scott Scott Elkins, Director for Chapter Coordination Sierra Club 612-659-9124 From: Chp & Grp Global Warming Energy Chairs [mailto:CONS-SPST-GLOBALWARM-CHAIRS@LISTS.SIERRACLUB.ORG] On Behalf Of Linda Isaacson Fedele Sent: Thursday, March 18, 2010 8:59 PM To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Hi, Scott, Was the Monday evening conference call ever recorded in any way? I'd sure like to hear it, and I'm sure others would, too. Thanks, -Linda EMAILING FOR THE GREATER GOOD Join me Date: Mon, 15 Mar 2010 14:27:50 -0500 From: scott.elkins(a)SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Linda: That’s a good idea, and I just inquired with Rod MacKenzie about setting up the call to record. We’re going to do it, but it is going to take a little bit of time to forward a link where folks can listen to the call. The long and short of it is that the conference call company charges $0.10/minute for each person who listens to the recording. So, we’re going to try to download the recording and put it on our own server so that we can avoid that charge. Scott Scott Elkins, Director for Chapter Coordination Sierra Club 612-659-9124 From: Chp & Grp Global Warming Energy Chairs [mailto:CONS-SPST-GLOBALWARM-CHAIRS@LISTS.SIERRACLUB.ORG] On Behalf Of Linda Isaacson Fedele Sent: Monday, March 15, 2010 1:09 PM To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Will the conversation be recorded so that those of us who are unable to particpate in the live call can listen in after-the-fact? This sounds extremely valuable. Thanks. Thanks, -Linda Rochester Regional Group EMAILING FOR THE GREATER GOOD Join me Date: Fri, 12 Mar 2010 18:33:20 -0500 From: Dave.Hamilton(a)SIERRACLUB.ORG Subject: [GW-ACT-LEADERS] Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG All, Yesterday, I offered to hold a call to discuss the Nation article. Citing many of the concerns I read on this list, I proposed to top management that we address these issues quickly and forthrightly to our own leaders. That proved to be such a popular idea that new Executive Director Mike Brune is going to talk about them with Club leaders on his first day on the job. So consider yourselves invited. I know Carl Pope was working on a more in-depth response to the Nation article and that should be available before the call. I hope you join us on Monday! Dave Join us Monday as Vice President of Conservation Robin Mann introduces Michael Brune on his first day as Sierra Club's Executive Director. Mike will share his vision for winning on climate change, protecting the places and communities we love and building the Sierra Club. Among other topics, Mike and Robin will share their views on the Nation's recent article, "The Wrong Kind of Green." We hope you'll join us to welcome Mike! Day: Monday, March 15 Time: 8 PM ET/7 PM CT/6 PM MT/5 PM PT Conference Call Number: 866-501-6174 and use the conference code 1892-005#. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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FW: Net metering rules: Comments to PSC needed on by April 4th at 4pm [1 Attachment]
by James Kotcon 19 Mar '10

19 Mar '10

I think we need to comment on these net metering rules. The points below are a good start. I am especially opposed to the proposal to allow net metering credits for non-renewable energy sources, as this significantly dilutes the incentive for renewables. I am sure that several of the experts on the Energy Committee could draft such a comment letter, but this is an opportunity for some new volunteers to step up and tackle a new and emerging issue. I can provide sources of info on net-metering, as well as precedents set in numerous other states. And if you want a few great talking points about why we want to stop subsidizing coal, see the blog from Bruce Nilles on Grist or the Huffington Post, available at: Grist - http://www.grist.org/member/11566/ Huffington Post - http://www.huffingtonpost.com/bruce-nilles Any volunteers? JBK >>> "John Christensen" <jbc329(a)earthlink.net> 3/17/2010 1:32 PM >>> [Attachment(s) from John Christensen included below] Forgive me if you received this email in error but indulge me if you are concerned about WV interconnection and net metering standards which are sorely lacking. Let's generate some comments so to give our WV PSC something to work on and put them on notice that better standards are needed to encourage growth in the renewable energy sector. Attached is the fact sheet from our net metering legislation introduced this past session. John Christensen Mountain View Solar and Wind Consultation, Sales, and Installation 410-499-4873 cell www.mtvsolar.com ----- Original Message ----- From: John Christensen To: Aaron Stoner;Clay Herzog;Colin Williams;Greg Reineke;John Christensen;John Smith;Mike McKechnie;Mountain View Builders;Sunny Pitcher;Tonya Sornson Sent: 3/17/2010 12:39:30 PM Subject: IREC article to be commented on by April 4th at 4pm WEST VIRGINIA On February 2, the West Virginia Public Service Commission issued proposed modifications to the state’s net metering and interconnection rules under WV PSC General Order 258. These changes are pursuant to WV House Bill 103, and House Bill 408 in 2009. Highlights of the proposal include: • An increase in the aggregate participation limit from 0.1% of utility’s total load to 1% of the utility aggregate customer peak demand • Net excess generation during a billing period carries over at the full retail rate for up to 12 months and excess kWhs at the end of the annual period are reconciled at the utility’s avoided cost rate • System size limits are 25kW for residential, 500kW for commercial and 2MW for industrial customers • Customer owns RECs associated with generation • Virtual meter aggregation is allowed for meters within two miles of properties owned or leased by a customer within two miles of the customer’s property. For these arrangements, excess credits will be applied first to the meter through which the facility supplies electricity to the distribution system, then prorated equally to the remaining meters on the account There are also several red flags associated with this proposal, which are not in keeping with many other state rules or what IREC considers best practices: • Customer must pay for construction or upgrades to the electric utility system, should they be required in order to interconnect the facility (which could be cost-prohibitive) • Net metering is allowed for non-renewable resources (i.e. "alternative" sources) including waste coal, natural gas, tire-derived fuel and other non-renewable sources • All systems are required to have a redundant utility external disconnect switch • Customers must maintain at least $100,000 of liability insurance or such amount of coverage reasonably deemed necessary by the utility to protect its plant and other customers • Rules are vague regarding interconnection fees, terms and charges Comments on this proposal must be filed with the PSC by April 5, 2010. We must decide whether we need to call for a public hearing soon, March 30 is the deadline for that. We need to file comments no later than April 4th. Let's get a letter writing campaign going amongst our considerable contact list to see if we can generate some buzz....or not...whatever we decide is best for our company and the state. JB John Christensen Mountain View Solar and Wind Consultation, Sales, and Installation 410-499-4873 cell www.mtvsolar.com __._,_.___ Attachment(s) from John Christensen 1 of 1 File(s) Improvements to Net Metering HB 4391.doc 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. __,_._,___

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Fwd: EIP Report: Electric Power Industry 'Not Making A Dent' in Dangerous Mercury Pollution, ... -- A
by James Kotcon 19 Mar '10

19 Mar '10

New Report on mercury emissions.West Virginia is in the top 10 among states.Amos is the largest source, but Fort Martin is dirtier in terms of pound mercury per MWh.But the Beechurst Avenue Morgantown plant, although relatively small in total generation, has an emissions rate that is even higher. Not sure what is going on there.http://www.environmentalintegrity.org/news_reports/documents/DirtyKil… cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- >>> Jeff Schmidt <jeff.schmidt(a)sierraclub.org> 3/18/2010 4:01 PM >>> http://www.prnewswire.com/news-releases/eip-report-electric-power-industry-… - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-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] Fw: Going after Massey indirectly
by Jim Sconyers 15 Mar '10

15 Mar '10

Woohooooo! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: Fw: Going after Massey indirectly To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com> Date: Monday, March 15, 2010, 12:49 PM Fyi... ----- Forwarded by Aaron Isherwood/Sierraclub on 03/15/2010 09:48 AM ----- From: Bruce Nilles/Sierraclub To: Date: 03/14/2010 04:43 PM Subject: Wisconsin State Journal: A century of coal-burning ends at downtown power plant We did it. The first of the three downtown coal plants in Madison (WI) has stopped burning coal. When any of you visit Madison in the future, the air will be cleaner, the fish safer, and the City's carbon footprint diminished. The immediate benefits of this will be felt as far away as West Virginia, because the state was using Massey coal. No more. The next two coal plants will end coal use in 2011 per our court agreement. Special thanks to Jennifer Feyerherm, our attorney David Bender, and a great team of volunteer leaders who made this all happen. And stay tuned for more news on additional state-owned coal plants going down in the near future. Cheers, Bruce http://host.madison.com/wsj/news/local/environment/article_10fe7ed4-2e93-11… A century of coal-burning ends at downtown power plant By DEE J. HALL | dhall(a)madison.com | 608-252-6132 | Posted: Saturday, March 13, 2010 5:18 am For the first time in 100 years, no coal is being burned at Downtown Madison's Capitol Heat and Power Plant, said David Helbach, Wisconsin's director of state facilities. Late last month, the state shut down its coal burners at the plant, which provides steam and chilled water to the state Capitol and nearby state office buildings. The state will spend about $25 million this fall to install gas boilers that will allow the plant to cool and heat Downtown office buildings using only natural gas, Helbach said. In the interim, the plant is using smaller boilers already in place and will buy electricity from Madison Gas & Electric as needed. "We'll be able to produce all of the steam and chilled water we need without using coal," Helbach said. The switchover is part of a court agreement between the state and the Sierra Club calling for the elimination of coal at two state-owned plants: UW-Madison's Charter Street Heating Plant and the Capitol plant. Converting the Charter Street plant from coal to biomass is expected to cost $251 million. Last month, the state Department of Administration also announced changes at six other coal-fired heating plants that will reduce or eliminate the use of coal at those locations. Coal burning is a major producer of particulate pollution, greenhouse gases and mercury contamination in fish. DOA Secretary Michael Morgan announced the state would install additional pollution controls, eliminate coal use or possibly shut down five coal-fired heating plants at Mendota Mental Health Institution in Madison and UW campuses at Eau Claire, La Crosse, Oshkosh and River Falls. The department also said it would stop using coal at the state-owned heating plant in Waupun that serves Waupun, Dodge and Burke correctional institutions and other state-owned buildings in the area. The Wisconsin Department of Natural Resources had determined that those plants were violating the federal Clean Air Act. Jennifer Feyerherm, director of the Sierra Club's Wisconsin Clean Energy Campaign, called kicking coal at the Capitol plant "a wonderful thing." "I know that hundreds and hundreds of activists and volunteers around the state who've been pushing for this are excited that we have our first state plant officially off coal," she said. Bruce Nilles, Director Beyond Coal Campaign Sierra Club 408 C Street NE Washington, DC 20002 T: 202.675.7905 C: 608.712.9725 E: bruce.nilles(a)sierraclub.org W: www.sierraclub.org/coal

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Re: [EC] PSC and Net Metering
by DSGJr＠aol.com 15 Mar '10

15 Mar '10

Excellent, Frank. This is exactly what I needed. Thanks. don garvin In a message dated 3/15/2010 12:07:49 P.M. Eastern Standard Time, fyoung(a)mountain.net writes: Don, pursuant to the 2009 legislature's HB 408, the PSC is promulgating new net metering rules. The order with the proposed new rules and the dates for commenting on these new rules is here: _http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI D=288733&NotType='WebDocket'_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket') Frank ----- Original Message ----- From: _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) To: _mjmb(a)westco.net_ (mailto:mjmb@westco.net) Cc: _fyoung(a)mountain.net_ (mailto:fyoung@mountain.net) ; _billhowley(a)hughes.net_ (mailto:billhowley@hughes.net) Sent: Monday, March 15, 2010 12:07 PM Subject: Re: PSC and Net Metering I guess I misunderstood the earlier emails about this. From what was sent around, I thought there was some sort of public comment period regarding a rate case or something new that PSC was considering on net metering. don In a message dated 3/15/2010 10:10:00 A.M. Eastern Standard Time, _mjmb(a)westco.net_ (mailto:mjmb@westco.net) writes: I've attached two files relating to PSC net metering rules. The second 1.20 MB file, February 2, 2010, is the most recent. From: _Bill Howley_ (mailto:billhowley@hughes.net) Sent: Monday, March 15, 2010 10:20 AM To: _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) Cc: _fyoung(a)mountain.net_ (mailto:fyoung@mountain.net) ; _John Balasko_ (mailto:mjmb@westco.net) Subject: Re: PSC and Net Metering Don, I haven't been following this. John Balasko has, so I have cc'd him on this reply. John, can you help Don out? Bill _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) wrote: Can one of you point me to the information on what PSC is doing on net metering? I am going to put out an action alert on public comment periods at PSC and DEP and I can't find the PSC information. Thanks, don garvin

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Fw: PEAK DEMAND IS DOWN, SAYS PJM!! Good news for us!
by Jim Sconyers 15 Mar '10

15 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Tina Rappaport <tinazipp(a)gmail.com> wrote: From: Tina Rappaport <tinazipp(a)gmail.com> Subject: PEAK DEMAND IS DOWN, SAYS PJM!! Good news for us! To: Date: Monday, March 15, 2010, 11:51 AM Hi folks, Big news, big post on Bill Howley's Excellent Blog today!! This could be good for us! Too soon to tell though. Keep up to date on Bill's blog. http://calhounpowerline.wordpress.com/2010/03/15/peak-demand-falling-pjm-ca… I added Bill's blog to the "tabs" that open up each day when I open up my web browser. On a PC (not MAC) go to your Control Panel, find "Internet Options" and simply add Bill's blog, http://www.calhounpowerline.wordpress.com to the "homepage" list. My best always, Tina Rappaport 304-655-0003 SITE: www.URparamount.com BLOG: http://blog.urparamount.com EMAIL: Tina(a)URparamount.com TUPPERWARE: http://my2.tupperware.com/tup-html/U/urparamount-welcome.html

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Re: [EC] PSC and Net Metering
by Frank Young 15 Mar '10

15 Mar '10

Don, pursuant to the 2009 legislature's HB 408, the PSC is promulgating new net metering rules. The order with the proposed new rules and the dates for commenting on these new rules is here: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Frank ----- Original Message ----- From: DSGJr(a)aol.com To: mjmb(a)westco.net Cc: fyoung(a)mountain.net ; billhowley(a)hughes.net Sent: Monday, March 15, 2010 12:07 PM Subject: Re: PSC and Net Metering I guess I misunderstood the earlier emails about this. From what was sent around, I thought there was some sort of public comment period regarding a rate case or something new that PSC was considering on net metering. don In a message dated 3/15/2010 10:10:00 A.M. Eastern Standard Time, mjmb(a)westco.net writes: I've attached two files relating to PSC net metering rules. The second 1.20 MB file, February 2, 2010, is the most recent. From: Bill Howley Sent: Monday, March 15, 2010 10:20 AM To: DSGJr(a)aol.com Cc: fyoung(a)mountain.net ; John Balasko Subject: Re: PSC and Net Metering Don, I haven't been following this. John Balasko has, so I have cc'd him on this reply. John, can you help Don out? Bill DSGJr(a)aol.com wrote: Can one of you point me to the information on what PSC is doing on net metering? I am going to put out an action alert on public comment periods at PSC and DEP and I can't find the PSC information. Thanks, don garvin

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Fw: TAKE ACTION: Stop the Dumping of Mining Waste in Our Water
by Jim Sconyers 15 Mar '10

15 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Earthjustice Alerts <action(a)earthjustice.org> wrote: From: Earthjustice Alerts <action(a)earthjustice.org> Subject: TAKE ACTION: Stop the Dumping of Mining Waste in Our Water To: "Jim Sconyers" <jim_scon(a)yahoo.com> Date: Monday, March 15, 2010, 9:11 AM TAKE ACTION: Stop the Dumping of Mining Waste in Our Water! CALL: Stop the Dumping of Mining Waste in Our Water! Mining companies are using America's streams and lakes as dumping grounds for millions of tons of solid mining wastes. Call today to stop this destructive practice! Dear Jim, Taking advantage of a loophole that the Bush administration created in Clean Water Act rules, mining companies are using America's streams and lakes as dumping grounds for millions of tons of solid mining wastes. Companies are burying streams with mountaintop removal coal mining waste in Appalachia and are planning to fill in a lake in Alaska with waste from gold mining. The Environmental Protection Agency and the Army Corps of Engineers have the authority to close the waste loophole in the Clean Water Act, and President Obama should instruct the agencies to do so immediately. The mining industry is enormously powerful and will spare no expense in fighting this needed change, so it is important to start the process of fixing this terrible loophole now. But in order to close the Bush loophole, the EPA and the Corps need leadership and immediate direction from the White House to act now, before more of our nation's precious waters are destroyed. Now is the time. Delaying this process will harm our waterways, our communities, our wildlife, and our ecosystems. Please call the White House today, March 15, as a part of the National Protect Waters from Mining Waste Day of Action. If you're unable to call on March 15, the White House still needs to hear from you—please call as soon as you can! Together, we can demonstrate to the White House the urgent need for action to restore the prohibition on dumping mining waste in our water. Make Your Call Today: The White House: 202-456-1414 (9AM–5PM ET) When the White House receptionist answers the phone, please leave a message with him or her, expressing your desire for the President to end dumping of mine waste in our waters. Here's a sample of what you can say (and we hope you will add your personal touch, too): "Hello! My name is Jim Sconyers, and I am calling from Terra Alta, West Virginia. "I'm calling to ask President Obama to end the dumping of mining waste in our water. Please restore the prohibition on filling waters with waste immediately. "Mining companies are using the 2002 loophole in the Clean Water Act rule to bury streams and lakes with untreated mining wastes. "From the mountaintop removal mines in Appalachia to the Kensington gold mine in Alaska, mining waste is destroying our streams and lakes. "President Obama should direct the EPA to close the mine waste dumping loophole immediately. Thank you." For more information on this issue, please visit Earthjustice's website. Thank you for taking the time to call! And please keep in touch: email action(a)earthjustice.org to tell us if you called, and about your experience. — Earthjustice Because the earth needs a good lawyer ©2010 Earthjustice | 426 17th Street, 6th Floor, Oakland, CA 94612 | 510-550-6700 | action(a)earthjustice.org Alert Tools Photo Credit Top: Mountaintop removal mining explosion. Bottom: Water polluted by mining waste. Credit: John Kalucki. View online: Having trouble viewing this email? View it in a browser. 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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Court to hear Chief Logan drilling appeal
by Frank Young 11 Mar '10

11 Mar '10

Blankhttp://www.wvgazette.com/News/201003111095 CHARLESTON, W.Va. -- The state Supreme Court has agreed to hear an appeal of a lower court ruling regarding new natural gas drilling proposed for Chief Logan State Park. Manchin administration officials and environmental groups filed the appeal, seeking to overturn Logan Circuit Judge Roger Perry's decision last year in favor of Cabot Oil & Gas. Justices voted 5-0 to hear the case. No date was immediately set for oral arguments, but the case would likely not be heard until the fall. "My clients are very happy that they will have an opportunity to present their case to our court," said Tom Rodd, attorney for the West Virginia Highlands Conservancy, the Friends of Blackwater and former parks chief Cordie Hudkins. "And I think Chief Logan is smiling down on us today for helping to protect his namesake state park." Rodd's clients, as well as the Sierra Club, joined the case after Perry had already ruled to overturn the state Department of Environmental Protection's decision to deny Cabot a permit for nearly three dozen new wells to extract gas from under the 3,600-acre park in Logan County. Cabot holds lease agreements for the gas, which is owned by the heirs of Anthony Lawson, one of the first English settlers of what is now Logan County. DEP lawyers have also appealed, as has the state Division of Natural Resources, which runs the state park system. Cabot has vowed to either drill the site or sue the state in a "takings" case to try to be compensated for millions of dollars in lost profits. In December 2007, then-DEP Secretary Stephanie Timmermeyer rejected Cabot's permit application, citing a state law that prohibits the DNR from allowing "extraction of minerals ... on or under any state park." Cabot appealed, and Perry ruled for the company. Among other things, the judge said the DEP has no authority to enforce a section of state law prohibiting the DNR from allowing gas drilling in parks. But Ray Franks, the DEP's general counsel, said in his Supreme Court petition that Perry was wrong to conclude that "the plain language of the DNR statute can be interpreted in any manner other than an utter and universal proscription of the exploitation of minerals for commercial purposes in any state park. "If DNR is prohibited by law from allowing the exploitation of natural resources underlying a state park because the Legislature has made a judgment that this sort of development cannot be squared with the need to protect the park's unique surface aesthetic, that is precisely the sort of environmental policy that DEP is required to acknowledge and to which it must conform its own conduct," Franks wrote. Reach Ken Ward Jr. at kw...(a)wvgazette.com or 304-348-1702.

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Fwd: Amazing op-ed: "From coal to clean energy: an Iraq war veteran's next fight"
by Paul Wilson 09 Mar '10

09 Mar '10

you guys seen this? Any chance we can get permission to reprint it somewhere? paul ---------- Forwarded message ---------- I have to pass along this amazing op-ed in the Christian Science Monitor by a WV veteran - connects the dots between climate, mountaintop removal, and national security better than anything else I have seen. Extremely compelling. Mary Anne --- * ** http://www.csmonitor.com/Commentary/Opinion/2010/0301/From-coal-to-clean-en… *<http://www.csmonitor.com/Commentary/Opinion/2010/0301/From-coal-to-clean-en…> Christian Science Monitor * >From coal to clean energy: an Iraq war veteran's next fight* Coal mining is scarring West Virginia. Climate change is intensifying the national security threat. One Iraq war vet explains why US energy policy must change. ------------------------------ By *Jon Gensler*<http://www.csmonitor.com/layout/set/print/About/Contact-Us-Feedback> posted March 1, 2010 at 10:49 am EST Cambridge, Mass. — As a captain in the Army, I was used to seeing the blasted, wasted landscapes of unfamiliar countries. From the window of a plane or the door of a helicopter, they were a familiar sight, the last high-level view before descending into a nasty fight. I expected such images of destruction in Iraq and Afghanistan. But not in West Virginia. Yet the ugly reality of mountaintop removal coal mining is what greeted me on my return home after a year-long tour in Iraq. Seeing the land I fought to protect being abused in such reckless fashion hit me in the gut, hard. It took years to recover my motivation to continue to fight for what I believe in back home. Appalachian families are facing serious decisions about their future, and these decisions are intimately linked with America’s future. Our energy policy is limiting our global competitiveness, hurting our national security, and destroying our heritage of wild, natural beauty. We need comprehensive energy and climate legislation to ensure our way of life this century. These national priorities are acute in my home state. Demand for southern West Virginian coal is expected to drop by half over the next decade, yet our political and business leadership refuse to take a serious look at how we can replace the jobs that will be lost. To maintain a relevant position in the energy economy, West Virginia must look beyond our short horizon of trying to fill up the next train load, and think about what will happen if we don’t push harder for economic diversification. The 30-plus years of decline we have experienced will merely accelerate. As the world moves on to cleaner energy sources, we will be left behind with a wounded land, a wounded people, and wounded pride, battle scars from a lost war. I came home to an America full of cars with “Support our Troops” bumper stickers. Real support would entail sacrifices, because so long as we’re addicted to foreign fossil fuels, our soldiers will be called on to safeguard supply routes. Additionally, the oil money we send to foreign dictators every day is directly funding the terrorists we are fighting against. All of this means more brave men and women losing life and limb overseas. Climate change is intensifying the national security threat. The Central Intelligence Agency and the Defense and State Departments agree that climate change presents risks that must be dealt with. The Pentagon’s just-released Quadrennial Defense Review for the first time ever recognizes climate change for the destabilizing force that it is. With increased droughts, famines, and migrations, we should remember that it is our soldiers who will be called upon to help these people in their need, and to respond with force to the terrorist havens that often arise in the wake of failed states. The burden will fall on America – and disproportionately on West Virginia. This fight is not new. It has raged through our mountains for decades. In the Mine Wars of the early 20th century, workers organized and took a stand against the coal companies whose only goal was to expand their bottom lines at the expense of the people of our state. Hundreds of miners, soldiers, and corporate thugs lost their lives in a struggle over a worker’s right to an honest day’s wage for an honest day’s labor. Today’s fight is similar: King Coal would have us believe that as coal goes, so goes West Virginia; that our worth as a people is to be measured by what we can rip from the ground and sell to the highest bidder; that we are indeed a 21st-century Company State, bought and paid for with our destroyed heritage. This is wrong. Setting the right course is worth fighting for. We need a price on carbon to eliminate the financial uncertainty that is preventing investment in clean-energy technologies. Such investments are crucial to drive future growth in today’s fledgling industries. Additionally, we should call for an aggressive national renewable portfolio standard to create demand in the short term, which is the best option to drive down energy costs for consumers. Now is the time to honor the sacrifices of our miner heritage. We are at a tremendous crossroads, and taking these steps is the right thing to do to honor our past, and the right thing to do for tomorrow. Let’s work for a better future that gives West Virginians – and all Americans – the freedom to thrive in a new energy economy rather than slowly dying with the old. I believe in you, West Virginia. Strap on your boots and fight with me. * * * Jon Gensler, a former Army captain who served in the Iraq war, is studying for master’s degrees at Harvard Kennedy School and MIT Sloan School of Management.* -- Mary Anne Hitt Deputy Director, Beyond Coal Campaign Sierra Club 304-876-7064 (w) 540-239-0073 (c)* **maryanne.hitt(a)sierraclub.org* <maryanne.hitt(a)sierraclub.org>* **www.sierraclub.org/coal* <http://www.sierraclub.org/coal> -- 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: Fw: Upcoming Webinars from Concrete Products University - Potential Impacts of Fly Ash Regulation (this Wednesday), Changes to ASTM, & Energy-Efficiency as a Selling Point for Concrete Masonry
by Paul Wilson 08 Mar '10

08 Mar '10

fyi, paul ---------- Forwarded message ---------- From: lynn welsh <welsharch(a)yahoo.com> Date: Mon, Mar 8, 2010 at 1:05 PM Subject: Fw: Upcoming Webinars from Concrete Products University - Potential Impacts of Fly Ash Regulation (this Wednesday), Changes to ASTM, & Energy-Efficiency as a Selling Point for Concrete Masonry To: Paul Wilson <pjgrunt(a)gmail.com> HI Paul, I got this for continuing education, but I thought you or somebody from Sierra Club might be interested to participate & see what the coal people are saying about flyash legislation. Lynn --- On *Mon, 3/8/10, National Concrete Masonry Association <info(a)ncma.org>*wrote: From: National Concrete Masonry Association <info(a)ncma.org> Subject: Upcoming Webinars from Concrete Products University - Potential Impacts of Fly Ash Regulation (this Wednesday), Changes to ASTM, & Energy-Efficiency as a Selling Point for Concrete Masonry To: welsharch(a)yahoo.com Date: Monday, March 8, 2010, 11:10 AM To view this email as a web page, go here.<http://cl.exct.net/?ju=fe4d1d7174630c7a7d1d&ls=fdf8107677620478761c7276&m=f…> *Dear Rosalind,* *As a reminder, the Concrete Products UniversitySM (CPUSM) webinar on the Potential Impacts of Fly Ash Regulation on the Concrete Products Industry<http://cl.exct.net/?ju=fe551d7174630c7a7c14&ls=fdf8107677620478761c7276&m=f…> is this Wednesday! ** You can register for any CPU Webinar at: https://ncmameetings.webex.com<http://cl.exct.net/?ju=fe541d7174630c7a7c15&ls=fdf8107677620478761c7276&m=f…> * ** *This week's webinar is:* *Potential Impacts of Fly Ash Regulation on the Concrete Products Industry<http://cl.exct.net/?ju=fe531d7174630c7a7c16&ls=fdf8107677620478761c7276&m=f…> * *Wednesday, 10 March 2010 ** 1:00 - 4:00 PM Eastern Time** ** Description: The United States Environmental Protection Agency (EPA) is developing proposed regulations that will address the management of coal combustion byproducts (CCBs). The scope of those regulations will likely have a significant impact on the concrete masonry and hardscape industry, because fly ash is the CCB with the greatest utilization rate and is used primarily in concrete to enhance its strength and resistance to the elements. Last year the U.S. produced about 70 million tons of fly ash, of which nearly 45 percent was recycled. The regulation of CCBs as hazardous waste would have a devastating impact on the continued use of CCBs, threatening an environmentally protective and valuable industry. Please join us for this timely, relevant, and informative session led by Jim Roewer (Edison Electric Institute), who heads the Coal Combustion Byproducts Coalition, of which NCMA is a member. The first two hours of this webinar will consist of the presentation, followed by up to one hour of an interactive Q&A session. Instructor: Jim Roewer, Edison Electric Institute & Coal Combustion Byproducts Coalition Registration Fee: $150 per nonmember login / $75 per NCMA Member login (NCMA Members, email me at drozsa(a)ncma.org<http://us.mc522.mail.yahoo.com/mc/compose?to=drozsa@ncma.org>to get your Member discount coupon code). * ***Register by clicking on the following link: * https://ncmameetings.webex.com/ncmameetings/k2/j.php?ED=118996447&UID=10602…<http://cl.exct.net/?ju=fe521d7174630c7a7c17&ls=fdf8107677620478761c7276&m=f…> ** *Once you register, you will receive a confirmation email with instructions for joining the webinar. * ** *Upcoming CPU Webinars* *1) **Changes to ASTM and How They Impact Your Business <http://cl.exct.net/?ju=fe511d7174630c7a7c10&ls=fdf8107677620478761c7276&m=f…>- Wednesday, 24 March 2010, 1:00 - 3:00 PM Eastern Time - $150 nonmembers / $75 NCMA Members. ASTM standards are used for specifying concrete products, providing standard test procedures, and guidelines on use. The standards are constantly being updated and improved, and it is important to understand recent changes and how they may affect the requirements for concrete products and how they are tested. This webinar will cover significant changes to ASTM standards for concrete masonry and hardscape products over the past two years. The first hour of this webinar will consist of the presentation, followed by up to one hour of an interactive Q&A session. Register by clicking on this sentence<http://cl.exct.net/?ju=fe501d7174630c7a7c11&ls=fdf8107677620478761c7276&m=f…> .* *2) Is Energy Efficiency a Selling Point for Concrete Masonry? <http://cl.exct.net/?ju=fe4f1d7174630c7a7c12&ls=fdf8107677620478761c7276&m=f…>- Wednesday, 7 April 2010, 1:00 - 3:00 PM Eastern Time - $150 nonmembers / $75 NCMA Members. The sustainability movement is fully upon us, and the economic climate is causing building owners and design professionals to look for ways to minimize operational costs. Join us for this webinar and learn how concrete masonry can meet evolving energy-efficiency design requirements. The first hour of this webinar will consist of the presentation, followed by up to one hour of an interactive Q&A session. Register by clicking on this sentence<http://cl.exct.net/?ju=fe4e1d7174630c7a7c13&ls=fdf8107677620478761c7276&m=f…> .* * **For more information about these webinars or other NCMA educational programs, please email me at **drozsa(a)ncma.org*<http://us.mc522.mail.yahoo.com/mc/compose?to=drozsa@ncma.org> *.* * * Sincerely, J. David M. Rozsa, CAE, ACA Manager of Education and Certification National Concrete Masonry Association drozsa(a)ncma.org<http://us.mc522.mail.yahoo.com/mc/compose?to=drozsa@ncma.org> 13750 Sunrise Valley Drive Herndon, Virginia 20171 703-713-1900 (Telephone) 703-713-1910 (FAX) "Concrete Products University," "CPU," "Certified Consultant of Concrete Masonry," "C3M," the C3M logo, and the Concrete Products University logo are trademarks or service marks of the National Concrete Masonry Association. All rights reserved. This email was sent to: *welsharch(a)yahoo.com* This email was sent by: National Concrete Masonry Association 13750 Sunrise Valley Drive Herndon, VA 20171-4662 USA We respect your right to privacy - view our policy<http://cl.exct.net/?ju=fe4d1d7174630c7a7c1c&ls=fdf8107677620478761c7276&m=f…> <http://cl.exct.net/?ju=fe4c1d7174630c7a7c1d&ls=fdf8107677620478761c7276&m=f…> Manage Subscriptions<http://cl.exct.net/?ju=fe5d1d7174630c757514&ls=fdf8107677620478761c7276&m=f…>| Update Profile<http://cl.exct.net/?ju=fe5c1d7174630c757515&ls=fdf8107677620478761c7276&m=f…>| One-Click Unsubscribe<http://cl.exct.net/?ju=fe5b1d7174630c757516&ls=fdf8107677620478761c7276&m=f…> -- 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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The Globe is Warming
by Duane330＠aol.com 07 Mar '10

07 Mar '10

Proof of Man-Made Global Warming Grows 'Stronger' LONDON (March 5) -- Climate scientists have hit back at skeptics with the publication of a new paper that says the case for man-made global warming is now "stronger than ever." An international team of scientists led by Britain's Met Office -- the country's national weather service -- has spent the past year reviewing 110 studies published since 2007 that tracked changes in the earth's climate. Their paper, _published in the journal Wiley Interdisciplinary Reviews: Climate Change_ (http://www3.interscience.wiley.com/journal/123310513/abstract) , concluded that the possibility the world is warming because of natural variations in climate (such as increased volcanic or solar activity) is "increasingly remote." Instead, they firmly pin the blame on man's burning of fossil fuels. "The science reveals a consistent picture of global change that clearly bears the fingerprint of man-made greenhouse gas emissions," said Peter Stott, head of climate monitoring at the Met Office Hadley Centre for climate research. "Our climate is changing now, and it's very likely human activity is to blame." Public confidence in climate science has been knocked by a succession of scandals over the past six months. Revelations that the 2007 report from the _U.N. Intergovernmental Panel on Climate Change_ (http://www.aolnews.com/science/article/un-admits-error-in-overstating-himal…) contained several unverifiable claims, and that the influential climate unit at the University of East Anglia apparently withheld data from skeptics, have led many people to doubt the theory of man-made climate change. Stott says the new Met Office report isn't an attempt to counter this growing wave of skepticism, as the team started work a year ago, long before those so-called Climategate scandals broke. But it is an unashamed attempt to refocus the public debate on the actual science of climate change, rather than claims made about individual scientists in the media. "I hope people will look at that evidence and make up their minds informed by the scientific evidence," _he told the Guardian_ (http://www.guardian.co.uk/environment/2010/mar/05/met-office-analysis-clima…) . His team put together the new set of evidence by comparing computer models of possible causes of climate change, both human and natural, to actual measured changes in air and sea temperature, Arctic sea ice cover, global rainfall patterns and other factors. This forensic technique, known as "optimal detection," reveals how much an observation can be explained by natural changes, such as volcanoes or El Niño, and how much it's attributable to atmospheric increases in carbon dioxide and other greenhouse gases. The study found that the climate system had changed in ways that closely followed the pattern of man-made climate change predicted by computer models. Human activity, it states, is almost certainly the only explanation for climatic variations recorded across the world -- such as the increase of rain in the northern countries and the decrease in the south, or the retreat of Arctic sea ice. Stott dismissed a popular idea put forward by many skeptics that changes in the solar radiation (or "global brightening") could be behind the shifts. "There hasn't been an increase in solar output for the last 50 years," he said, "and solar output would not have caused cooling of the higher atmosphere and the warming of the lower atmosphere that we have seen." _http://www.aolnews.com/world/article/evidence-of-man-made-global-warming-gr ows-stronger/19384663?icid=main|htmlws-main-n|dl2|link3|http%3A%2F%2Fwww.aol news.com%2Fworld%2Farticle%2Fevidence-of-man-made-global-warming-grows-stron ger%2F19384663_ (http://www.aolnews.com/world/article/evidence-of-man-made-global-warming-gr… ://www.aolnews.com/world/article/evidence-of-man-made-global-warming-grows-s tronger/19384663)

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Re: [EC] Net Metering- WV PSC proposes new rules- DEADLINE FORPUBLIC COMMENTS
by John Christensen 07 Mar '10

07 Mar '10

attached is my fact sheet on our net metering bill which failed to be taken up in house judic this year John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: kevin fooce To: jbc329(a)earthlink.net;Frank Young;ec@osenergy.org;wvec-board@yahoogroups.com;matt@getpimby.com;Jonathon Rosenbaum;allantweddle@msn.com;wyro@appalight.com;info@westvirginiasolar.com;grabiner1@aol.com;deniseap@earthlink.net;Donald Garvin;Jim Kotcon;jatkins@opd.state.md.us;alexanderlaw@lawyer.com;blackb23@gmail.com;pjgrunt@lycos.com;garyz@wvcag.org;robin@wvcag.org;Bill DePaulo Sent: 3/5/2010 10:50:17 PM Subject: RE: [EC] Net Metering- WV PSC proposes new rules- DEADLINE FORPUBLIC COMMENTS Increase the 1% limit Increase the size of residential units Automatic transfer of permit Allow more small systems over larger systems one 1 megawatt system makes forty 25 kilowatt systems which may limit the amount of customers, reliability of grid, and also allows for a increase waste energy through line losses. Am I correct in the reading that the utilities will pay for excess en energy at the avoided cost at the end of the yearly period? Just a few thoughts but looks like a good bill otherwise. We do need to make our thoughts known. Kevin Fooce fooce(a)hotmail.com 304-675-6687 EMAILING FOR THE GREATER GOOD Join me From: jbc329(a)earthlink.net To: fyoung(a)mountain.net; ec(a)osenergy.org; wvec-board(a)yahoogroups.com; matt(a)getpimby.com; freesource(a)cheat.org; allantweddle(a)msn.com; wyro(a)appalight.com; info(a)westvirginiasolar.com; grabiner1(a)aol.com; deniseap(a)earthlink.net; dsgjr(a)aol.com; fyoung(a)mountain.net; jkotcon(a)wvu.edu; JAtkins(a)opd.state.md.us; alexanderlaw(a)lawyer.com; blackb23(a)gmail.com; pjgrunt(a)lycos.com; garyz(a)wvcag.org; robin(a)wvcag.org; william.depaulo(a)gmail.com Date: Thu, 4 Mar 2010 14:59:18 -0500 Subject: Re: [EC] Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS I suspect the reason that net metering rules have not been addressed by the power companies is the high probability that these rules were written by them in the first place. When I approached the power company lobbyists about working together on a net metering bill a week or so ago they never even mentioned the comment period going on here. JB John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: Frank Young To: ec@osenergy.org;wvec-board@yahoogroups.com;Matt Sherald;Jonathon Rosenbaum;Allan Tweddle;Chuck Wyrostok;Dan Bowes;Dana Grabiner;Denise Poole;Don Garvin;Frank Young;Jim Kotcon;Joseph Atkins;Matthew Alexander;Michael Blackburn;Paul Wilson;Gary Zuckett;Robin Wilson;John Christensen;Bill DePaulo Sent: 3/4/2010 1:46:39 PM Subject: Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS 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

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Re: [EC] Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS
by John Christensen 05 Mar '10

05 Mar '10

I suspect the reason that net metering rules have not been addressed by the power companies is the high probability that these rules were written by them in the first place. When I approached the power company lobbyists about working together on a net metering bill a week or so ago they never even mentioned the comment period going on here. JB John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: Frank Young To: ec@osenergy.org;wvec-board@yahoogroups.com;Matt Sherald;Jonathon Rosenbaum;Allan Tweddle;Chuck Wyrostok;Dan Bowes;Dana Grabiner;Denise Poole;Don Garvin;Frank Young;Jim Kotcon;Joseph Atkins;Matthew Alexander;Michael Blackburn;Paul Wilson;Gary Zuckett;Robin Wilson;John Christensen;Bill DePaulo Sent: 3/4/2010 1:46:39 PM Subject: Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS 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

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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.

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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

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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

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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

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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

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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

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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…

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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. __,_._,___

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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…

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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

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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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Good news from the SEC; Usable graph on energy taxes, not good on nuclear
by James Kotcon 05 Feb '10

05 Feb '10

Two recent news items worth paying attention to. 1) The Securities and Exchange Commission voted on Jan. 27 to require all publicly traded companies to project and disclose to stockholders their vulnerabilities to climate risks. (Wonder what Massey Energy's report will say? Will they tell their stockholders the truth, or regurgitate the Blankenship bloviations?) http://solveclimate.com/blog/20100129/sec-decision-requiring-disclosure-cli… 2) The Obama Administration's proposed budget would close tax loopholes for fossil fuel companies estimated at $36 Billion. Rep. Shelly Capito is crying about how awful it is, and Jay Rockefeller thinks this is "not the year to do it". This article has a good graphic representation of tax subsidies for various energy resources. http://solveclimate.com/blog/20100201/obama-budget-erases-fossil-fuel-subsi… JBK

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Fw: Mountaintop Mining Briefing on Capitol Hill
by Frank Young 05 Feb '10

05 Feb '10

Clean Water Network News CWN is the largest national coalition in the country working to protect ALL of the waters of the U.S., including the nation's Great Waters, rivers, streams, lakes, bays, estuaries, coastal areas and wetlands. February 5th, 2010 Don't miss this upcoming Congressional Briefing! Mountaintop Removal Mining and Its Impacts on Water Quality and Human Health Hosted by Senator Benjamin L. Cardin and Senator Lamar Alexander Tuesday February 9th, 2010 1:00 PM to 2:00 PM 406 Dirksen (EPW Hearing Room) Speakers: Dr. Margaret A. Palmer: Director, University of Maryland Center for Environmental Science Dr. Emily S. Bernhardt: Assistant Professor, Duke University Keith N. Eshleman: Professor, University of Maryland Center for Environmental Science Michael Hendryx: Director, West Virginia Rural Health Research Center and Associate Professor, West Virginia University Dr. A. Dennis Lemly: Professor, Wake Forest University Dr. Orie Loucks: Professor, Miami University Summary: Over the past thirty years, there has been a significant increase in mountaintop removal mining to extract coal and other minerals. This briefing will examine the impacts of mountaintop removal mining on water quality and human health in the Appalachia region and how it affects the quality of life for residents living in its coalfields. Science magazine recently published an article on the ecological and human health impacts of mountaintop removal mining and valley fills. The authors argue that peer-reviewed research unequivocally documents that mountaintop removal mining causes irreversible environmental impacts and exposes local residents to a higher risk of serious health problems. The lead author of this article, Dr. Palmer, along with several co-authors, will discuss their findings and be available to answer questions. For more information, please contact Sarah Greenberger (sarah_greenberger(a)cardin.senate.gov; 4-4524) or Curtis Swager (curtis_swager(a)alexander.senate.gov; 4-4944). Speaker Biographies: Dr. Margaret A. Palmer Margaret Palmer is Director of the University of Maryland Center for Environmental Science - Chesapeake Biological Laboratory (CBL) in Solomons, MD. Prior to assuming directorship in 2005, she taught and conducted research for 17 years as a Professor at the University of Maryland in College Park. Palmer completed her M.S. and Ph.D. in Coastal Oceanography at the University of South Carolina and her B.S. in Biology from Emory University. Dr. Palmer's research expertise is riverine science, particularly stream and river restoration. She has more than 100 scientific publications, serves as an editor for the journal Restoration Ecology and published the book The Foundations of Restoration Ecology in 2006. Dr. Palmer has been honored as an AAAS Fellow, an Aldo Leopold Leadership Fellow, a Lilly Fellow, a Distinguished Scholar Teacher, and with an Ecological Society of America Distinguished Service Award. Dr. Emily S. Bernhardt Emily Bernhardt is an Assistant Professor in the Department of Biology at Duke University in Durham, NC. Prior to joining the faculty of Duke, Bernhardt coordinated the National River Restoration Science Synthesis which assessed the status of river restoration projects nationally. Dr. Bernhardt completed her Ph.D. in Ecology and Evolutionary Biology from Cornell University and also holds a B.S. degree in biology from the University of North Carolina, Chapel Hill. Bernhardt's research expertise is in watershed biogeochemistry and stream and wetland restoration. Dr. Bernhardt is the recipient of a Career Award from the National Science Foundation and the H.G. Hynes early career award from the North American Benthological Society. Dr. Keith N. Eshleman Keith Eshleman is Professor at the University of Maryland Center for Environmental Science - Appalachian Laboratory in Frostburg, Maryland. Dr. Eshleman completed his Ph.D. in Water Resources at Massachusetts Institute of Technology, and holds a B.A. degree in Environmental Sciences from the University of Virginia and a S.M. degree in Civil Engineering from M.I.T. He has published more than 50 peer-reviewed papers and dozens of technical reports in his career and is co-author of an undergraduate textbook entitled Elements of Physical Hydrology. Eshleman's research interests are in the areas of watershed and wetlands hydrology, groundwater/surface water interactions, biogeochemical processes in upland and wetland ecosystems, hydrochemical modeling, and ecosystem responses to disturbance and land use change. Recent research projects have focused on the hydrological impacts of acid deposition, forest disturbances, and surface mining activities in the Appalachian Mountain region. Dr. Michael Hendryx Michael Hendryx is Director of the West Virginia Rural Health Research Center and Associate Professor in the Department of Community Medicine at West Virginia University. He has also held faculty appointments at Washington State University and the University of Iowa. He completed his M.S. and Ph.D. in Psychology from Northwestern University and completed his B.S. in Psychology from the University of Nevada. Dr. Hendryx's area of expertise is in the public health impacts of coal mining in Appalachia, in terms of both socioeconomic and environmental risks to health. He has more than 90 peer-reviewed publications, several book chapters and numerous scientific presentations at national meetings. Dr. Hendryx has been nominated for the West Virginia University School of Medicine Distinguished Teaching Award, and teaches health policy in the Community Medicine department. Dr. A. Dennis Lemly Dennis Lemly is a scientist specializing in the ecotoxicology of selenium, a trace element pollutant associated with coal mining, coal combustion waste, and other sources. Dr. Lemly completed his M.A. and Ph.D. degrees in Biology from Wake Forest University, where he is a Research Professor of Biology, and received his B.S. from Western Carolina University. He has over 30 years of research experience with this environmental contaminant, and has conducted intensive investigations of numerous cases of selenium pollution, including Belews Lake, North Carolina, where 19 species of fish were eliminated, and Kesterson Marsh, California, where thousands of aquatic birds were poisoned. Dr. Lemly has published 47 research articles on selenium toxicity to fish and wildlife, as well as the reference book Selenium Assessment in Aquatic Ecosystems. Lemly has consulted on selenium pollution issues ranging from power plant waste in Australia to mountaintop removal coal mining in West Virginia. He is Associate Editor of the international research journal Ecotoxicology and Environmental Safety. Dr. Orie Loucks Dr. Orie Loucks began his career with the Department of Forestry in Canada (1955-1962) and joined the Department of Botany, University of Wisconsin in 1962. He served as Director of the Center for Biotic Systems, Institute for Environmental Studies, University of Wisconsin, and headed interdisciplinary studies of the impacts of coal-fired electricity generation in Wisconsin. River in central Wisconsin. After joining Miami University in 1989, Dr. Loucks continued studies of air pollution and mining effects on forests in the Ohio Valley. In the mid-1980's Dr. Loucks was a member of the National Academy of Sciences Board on Water Science and Technology, and was U.S. Co-chair of the joint NRC-NAS/Royal Society of Canada study reviewing the 1978 Great Lakes Water Quality Agreement. Please help Clean Water Network continue to expand and provide key member services to grassroots groups across the country. DONATE to the Network today! Clean Water Network 218 D Street SE Washington, DC 20003 202.547.4208 check out our website at: www.cleanwaternetwork.org Forward email This email was sent to clrank(a)hughes.net by jenniferpeters(a)cwn.org. Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. Email Marketing by Clean Water Network | 218 D St. SE | Washington | DC | 20003

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Fwd: press release on our West Virginia MTR CWA victory
by Paul Wilson 04 Feb '10

04 Feb '10

kudos to Bill Price! ---------- Forwarded message ---------- From: Cramer, Virginia <virginia.cramer(a)apps.sierraclub.org> Date: Thu, Feb 4, 2010 at 4:39 PM Subject: press release on our West Virginia MTR CWA victory To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org Good news from West Virginia. - ginny FOR IMMEDIATE RELEASE February 4, 2010 Contact: Virginia Cramer, 804-225-9113 x 102 *Judge Rules Mountaintop Removal Coal Mines Polluting West Virginia Waterways* State’s efforts to help companies avoid penalties are invalid Charleston, WV: A judge has found that Powellton Coal Company has repeatedly violated the law by polluting West Virginia waterways, and has ordered a trial to further investigate scores of additional violations at Powellton’s Bridge Fork mountaintop removal coal mining complex in Fayette County. Among those waterways polluted are the tributaries that feed the Gauley River, a world-class whitewater run and prime tourist destination. The judge’s ruling came in response to a lawsuit brought by Sierra Club and the Ansted Historic Preservation Council. The judge also found that the West Virginia Department of Environmental Protection (WVDEP) could not act to insulate the coal company from clean water regulations. The WVDEP had issued “modification orders” in an attempt to allow the company to continue polluting. Those orders were ruled invalid. “This is another important step forward in holding Powellton responsible for their clean water violations. Water is our most important resource,” said Katheryne Hoffman, president of the Ansted Historic Preservation Council. “For Fayette County tourism is our economy. If they ruin these waters our future is gone. We have so much to offer and we need to protect that.” “Powellton knows about this pollution, but instead of paying to treat it at the source they just pass the costs along to the public, to the people and communities that rely on these waters for their well-being,” said Jim Sconyers, WV Chapter Chair of the Sierra Club. “They view these violations as just the cost of doing business.” The Ansted Historic Preservation Council and the Sierra Club challenged the Bridge Fork West mountaintop removal coal mine last year, raising serious concerns about the pollution from the mine’s valley fills and its impact on historic sites, local communities and tourist draws in the area. Pollution from the Bridge Fork mining complex has continually exceeded legal limits, leading to high levels of toxic aluminum, manganese and other pollution in nearby waterways. One of these waterways, which feed the Gauley River, is Rich Creek, well known for its trout fishing. “Common sense tells us that dumping toxic aluminum into a renowned trout stream is bad,” said Sierra Club Environmental Justice organizer Bill Price. “We should be protecting these economic drivers, using these sources of tourism to build some much needed diversity into our economy, not sacrificing them to more coal mining.” Aluminum pollution can sicken or kill fish. It can also lead to lower fish populations since eggs and larvae are more sensitive to aluminum pollution than mature fish. The groups are represented in their efforts by Derek Teaney and Joe Lovett of the Appalachian Center for the Economy and the Environment. ### -- Virginia Cramer Associate Press Secretary Sierra Club tel: 804-225-9113 x 102 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 -- 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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Re: [EC] [WVaPATH] Re: WV Net Metering rules vs. "Alternative" energy
by Larry 04 Feb '10

04 Feb '10

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?CaseActivityI…'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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Re: [EC] [WVaPATH] Re: WV Net Metering rules vs. "Alternative" energy
by John Christensen 04 Feb '10

04 Feb '10

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 >

2 1

Fw: Chief Logan State Park
by Frank Young 04 Feb '10

04 Feb '10

----- Original Message ----- From: johnmcferrin(a)aol.com To: WVHCBOARD(a)yahoogroups.com Sent: Thursday, February 04, 2010 11:11 AM Subject: [WVHCBOARD] Chief Logan State Park Chief Logan State Park needs your help. As you know, we have appealed to the Supreme COurt the decision to allow gas drilling in Chief Logan State Park. The Court does not have to review every case. First it takes all the cases and sorts them into three piles: 1. Now worth fooling with. Judge in Circuit Court was obviously right, not interesting issues, whatever. 2. Definitely worth reviewing. 3. Can't decide if it belongs in #1 or #2 so we will let the appellant's lawyer appear and argue that it is worth reviewing. The Court has two dates scheduled for meeting and deciding which pile cases go in--February 11 and March 11. These are private conferences; no open court, public, etc. This is where you come in. The COurt will go into these meetings with a big pile of cases before it. Each one does not get a lot of attention. We need something to get the court's attention, make sure it does not glance at ours, toss it into Pile 1 (not worth fooling with). To do this, we need LETTERS TO THE EDITOR.. The judges read those. When the case comes up in conference, they will remember that this is something that hasa been in the paper, somebody cares about, etc. It helps make sure they pay attention to our case and don't just give it a quick look and toss it into the "not worth fooling with" pile. Our attorney, Tom Rodd, councils subtlety. He worked up there for several years and knows the score. He says that the Court does not like raucous public demonstrations. They would not agree to review a case if they thought that it would mean a hallway full of people dressed in fish costumes, Big Oil hung in effigy on the lawn, chanting, etc. If the letters are so outraged that the Court thinks this is a campaign that might result in a big demonstration, street theater, etc.they will just reject the case. The most useful letters are those which convey the message that this is a big deal, one that somebody on the court or in government needs to look at. Subtle enough so that the COurt does not get the idea that granting this appeal will produce a circus. Letters to the Gazette, the Dominion Post, or any other paper one of the judges might read are helpful. Writing sooner is best just in case our case comes up Feb. 11. Thank you John McFerrin John __._,_.___ Reply to sender | Reply to group Messages in this topic (1) Recent Activity: Visit Your Group Start a New Topic Working since 1967 for the conservation and wise management of West Virginia's natural resources Switch to: Text-Only, Daily Digest . Unsubscribe . Terms of Use. __,_._,___

1 0

Re: [EC] WV Net Metering rules vs. "Alternative" energy
by DSGJr＠aol.com 03 Feb '10

03 Feb '10

I am simply not sure that is the case, Paul. Mike Manypenny has offered a new net metering bill of his own. We are still trying to sort all this out. Don Garvin, WVEC lobby team In a message dated 2/3/2010 3:44:55 P.M. Eastern Standard Time, pjgrunt(a)gmail.com writes: so we cannot put up these small windmills? (_http://www.ownyourwind.com/_ (http://www.ownyourwind.com/) ) and get net-metering for individual homes? cheers, paul On Wed, Feb 3, 2010 at 11:04 AM, James Kotcon <_James.Kotcon(a)mail.wvu.edu_ (mailto:James.Kotcon@mail.wvu.edu) > wrote: 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_ (mailto:mjmb@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_ (http://www.psc.state.wv.us/scripts/WebDocket/viewCaseForWebViewForm.cfm?Cas…) 01/26/2007 Order _View Document_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI… NotType='WebDocket') 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_ (mailto:billhowley@hughes.net) Sent: Wednesday, February 03, 2010 9:49 AM To: _John Balasko_ (mailto:mjmb@westco.net) Cc: _owner(a)goetc.com_ (mailto:owner@goetc.com) ; _WVBiker98(a)aol.com_ (mailto:WVBiker98@aol.com) ; _WVaPATH(a)yahoogroups.com_ (mailto:WVaPATH@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 Appala chian 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?CaseActivityI D=288733&NotType='WebDocket'_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket') _GO 258_ (http://www.psc.state.wv.us/scripts/WebDocket/viewCaseForWebViewForm.cfm?Cas…) 02/02/2010 Order _View Document_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI… e='WebDocket') 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 __._,_.___ _Reply to sender_ (mailto:mjmb@westco.net?subject=Re:+[WVaPATH]+WV+Net+Metering?????) | _Reply to group_ (mailto:WVaPATH@yahoogroups.com?subject=Re:+[WVaPATH]+WV+Net+Metering?????) Recent Activity: _Visit Your Group_ (http://groups.yahoo.com/group/WVaPATH;_ylc=X3oDMTJmODI5M2RxBF9TAzk3MzU5NzE0… HNsawN2Z2hwBHN0aW1lAzEyNjUyMTIzMzg-) _Start a New Topic_ (http://groups.yahoo.com/group/WVaPATH/post;_ylc=X3oDMTJmaDRvZ2VpBF9TAzk3MzU… DQ0MjI5BGdycHNwSWQDMTcwNTA2MDY4MgRzZWMDZnRyBHNsawNudHBjBHN0aW1lAzEyNjUyMTIzM zg-) MARKETPLACE _Going Green: Your Yahoo! Groups resource for green living_ (http://us.ard.yahoo.com/SIG=14kif5mh1/M=493064.13814333.13821539.13298430/D… 60682:MKP1/Y=YAHOO/EXP=1265219538/L=/B=FUUJAUSO5_k-/J=1265212338438872/K=WlH 7ExwsXes2aTQjHtI_8A/A=5922843/R=0/SIG=11ckn2mo6/*http://advision.webevents.y ahoo.com/green/) (http://groups.yahoo.com/;_ylc=X3oDMTJlaGxyYXU0BF9TAzk3MzU5NzE0BGdycElkAzI4O… OA--) Switch to: _Text-Only_ (mailto:WVaPATH-traditional@yahoogroups.com?subject=Change+Delivery+Format:+Traditional) , _Daily Digest_ (mailto:WVaPATH-digest@yahoogroups.com?subject=Email+Delivery:+Digest) • _Unsubscribe_ (mailto:WVaPATH-unsubscribe@yahoogroups.com?subject=Unsubscribe) • _Terms of Use_ (http://docs.yahoo.com/info/terms/) . __,_._,___ _______________________________________________ EC mailing list _EC(a)osenergy.org_ (mailto:EC@osenergy.org) _http://osenergy.org/mailman/listinfo/ec_ (http://osenergy.org/mailman/listinfo/ec) -- 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

1 0

Re: [EC] WV Net Metering rules vs. "Alternative" energy
by James Kotcon 03 Feb '10

03 Feb '10

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?CaseActivityI…'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 __._,_.___ 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. __,_._,___

3 2

Fwd: New State and Local Victory Tracker
by Paul Wilson 03 Feb '10

03 Feb '10

fyi, paul ---------- Forwarded message ---------- From: Scott Elkins <scott.elkins(a)sierraclub.org> Date: Mon, Feb 1, 2010 at 4:11 PM Subject: New State and Local Victory Tracker To: CONS-CRP-MEMBERS(a)lists.sierraclub.org *Announcing the launch of the Sierra Club’s new State and Local Victory Tracker* http://clubhouse.sierraclub.org/chapters/tracker/ Every day throughout the country, Sierra Club staff and volunteer activists are working hard and winning victories that improve their communities and make the world a cleaner, greener place. Now, we have a place on Clubhouse where we can recognize, celebrate and learn from our many state and local successes. The new State and Local Victory Tracker is available to all Sierra Club leaders and staff through the intranet Clubhouse site. The Tracker is set up to sort and filter victories by a number of variables, so that it’s easy to see the wins that are important to you. It’s a resource where chapter leaders can learn about proven campaign ideas; communications staff can find stories to share in Sierra Magazine, the Insider and other Club communications; and where everyone in the Club can keep up with the vital conservation work of chapters and groups. You are vital to the success of this new resource. We can’t begin to track all of the victories that Sierra Club activists are winning throughout the country, so we need you to be a part of making this happen. Visit the Tracker at the link below. If your chapter or group has won a victory that creates a positive change in the world, and if you don’t see that victory on the Tracker, let us know about it. A link at the top of the Tracker page will navigate you to the entry form, which takes only a few minutes to complete. After you submit your victory, we’ll confirm the information in your entry, and then post it to the tracker. New victories will be posted every week. Visit the State and Local Victory Tracker today. Learn about the work of your colleagues and friends, share in the celebration, and add your own stories. http://clubhouse.sierraclub.org/chapters/tracker/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-CRP-MEMBERS list, send any message to: CONS-CRP-MEMBERS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp -- 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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More greenhouse gas reduction than 100 Nukes!
by James Kotcon 02 Feb '10

02 Feb '10

What little know section of the House Cap-And-Trade bill would produce more greenhouse gas reductions than building 100 nuclear power plants? How about a Green Buildings Act? http://solveclimate.com/blog/20090723/oh-those-sexy-building-codes-more-eff… Enjoy! JBK

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Responsible Drilling Alliance- Facebook group
by Frank Young 31 Jan '10

31 Jan '10

Blankhttp://www.facebook.com/group.php?v=wall&ref=nf&gid=113426202282

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John Blair Hunter is on the Surface Mining Committee
by Jonathan Rosenbaum 30 Jan '10

30 Jan '10

I thought this would be useful information to some of you. I spoke to John Blair Hunter tonight and he told me that he was appointed to the seven member Surface Mining Committee by the governor. As many of you know he is the retired WV Senator who wants reform in this industry. In the first ever 2008 WV State Democratic conference, during his last year as a Senator, he put together a resolution that essentially put a ban on MTR, and that was vigorously supported by the WV Young Democratic. It almost passed. Does anyone have a good link to the WV Surface Mining Committee? -Jonathan

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"the mother of all verticals"
by Duane330＠aol.com 30 Jan '10

30 Jan '10

____________________________________ January 29, 2010, 9:47 am Private Equity Is Bullish on Clean Energy By _CEZARY PODKUL_ (http://greeninc.blogs.nytimes.com/author/cezary-podkul/) With strong interest from corporations eyeing the clean energy sector, 2010 could turn out to be a good time for private equity and venture capital firms to pursue investments. “One of the most exciting things about the space now – this applies all the way down the bottom to the early-stage technology firms – is that there is a tremendous amount of strategic interest in this space,” said Hovey Kemp, a private equity lawyer at the law firm _Goodwin Procter_ (http://www.goodwinprocter.com/) , said at the _Dow Jones Private Equity Analyst Outlook 2010_ (http://peaoutlook.dowjones.com/) meeting in New York earlier this week. He added that one could easily put together a long list of “very large corporations” that are paying “very close attention” to the sector, among them networking equipment maker _Cisco_ (http://www.cisco.com/) and electronics manufacturer _Samsung_ (http://www.samsung.com/us/) . “There are buyers out there that are going to emerge here,” he said. For private equity and venture capital firms, which collectively _invested $6 billion into the clean energy sector in 2009_ (http://www.newenergymatters.com/download.php?n=NEF_Q4_Fact_Pack_07_01_2010.… ses) , according to the consulting firm Bloomberg New Energy Finance, this could translate to a variety of selling opportunities as a way of exiting their investments. Investors at the event also saw good reasons to be buyers in the sector. Chris Hearn of the private equity firm _First Reserve Corporation_ (http://www.firstreserve.com/go.asp?Go=!SiteStation&x=TPLGen&ResType=Folder&… PL=HomePage.htm) said long-term electricity needs in the United States would continue to rise, thanks in part to greater use of electric vehicles. Tucker Twitmyer of the clean-energy private equity firm _EnerTech Capital_ (http://www.enertechcapital.com/) , pointed to smart gird technology as an area where investors can get a quick return on their capital. It may take a few years for private equity and venture capital firms to figure it out, Mr. Hovey said, but the clean energy sector could become “the mother of all verticals” for private investors.

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Marcellus info, inc Manchin embrace
by Jim Sconyers 29 Jan '10

29 Jan '10

Pretty disturbing talk by Gov. Manchin - basically, "Marcellus, we love it, everyone come here and get drilling!" Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 1/29/10, Donald C. Strimbeck <dcsoinks(a)comcast.net> wrote: From: Donald C. Strimbeck <dcsoinks(a)comcast.net> Subject: Fw: Friday 29 Jan 10. News of interest to Mon river watershed folks. To: "Zack Walko" <zack(a)joehoeffel2010.com>, "William Richardson" <richardson.william(a)epa.gov>, "Werner Loehlein" <werner.c.loehlein(a)usace.army.mil>, "Tom Mroz" <THOMAS.MROZ(a)NETL.DOE.GOV>, "Tom Konchesky" <scmayor(a)comcast.net>, "Steve Garvin" <SGarvin194(a)aol.com>, "Skip Pratt" <Skip.Pratt(a)NETL.DOE.GOV>, "Shanda Minney" <sminney(a)wvrivers.org>, "Scott Mandirola" <Scott.G.(a)yahoo.com> Date: Friday, January 29, 2010, 4:38 AM Don Strimbeck, Sec/Treas Upper Mon River Assoc UpperMon.org Vice Chair, Mon River Rec & Comm Com MonRiverSummit.org WVU t-shirts & prints - FindHarri.com 109 Broad Street, P. O. Box 519 Granville WV 26534-0519 304-599-7585 (fax 4131) dcsoinks(a)comcast.net ----- Original Message ----- From: Donald C. Strimbeck To: Sent: Friday, January 29, 2010 4:37 AM Subject: Friday 29 Jan 10. News of interest to Mon river watershed folks. DUNKARD CREEK-29JanY2K10 Washington PA Observer-Reporter Friday 29 January 2010: Forum on water to examine coal, gas production 1/29/2010 3:32 AM By Bob Niedbala, Staff writer niedbala(a)observer-reporter.com The Upper Monongahela River Association will hold a water quality forum in February focusing on the impact of coal and natural gas production on water resources and the investigation into the Dunkard Creek fish kill. The forum will be the 13th sponsored by the organization dealing with water quality issues in the Monongahela River basin. The 12th forum, which was sponsored jointly by the association and Greene County Conservation District and focused on the September fish kill, was held Dec. 3 in Mt. Morris and drew more than 200 people. Barry Pallay, forum program director, said one of the issues for next month's meeting again will be Dunkard Creek. State and federal agencies have been invited to attend to share with the public any new data they have obtained since the last meeting, he said. The discussion also is expected to include an update on the status of other streams with high levels of total dissolved solids. Total dissolved solids have been considered a contributing factor to the growth of the golden algae that is believed to have killed fish and other aquatic life in Dunkard Creek. The other focus of the forum will be to address the impacts of coal mining and the expected increase in natural gas production on the area's water resources, Pallay said. "We want to begin examining coal and gas production and the water and waste disposal needs related to it," he said, adding that, if the watershed is going to see an increase in Marcellus gas drilling, it's important to consider what impacts it may have on water resources. The association began sponsoring its water quality forums in October 2008 in response to reports of problems caused by high levels of total dissolved solids in the Monongahela River, Pallay said. The forums have helped inform the public on issues surrounding water quality in the Mon River basin and brought together the various state and federal agencies involved in enforcing water quality regulations. At next month's forum, a speaker is scheduled to attend from the Ohio River Valley Water Sanitation Commission, an organization that works to improve water quality in a large portion of the Ohio River basin. The representative is expected to explain what his organization has done to improve water quality in the Ohio River and the lessons it has learned that could apply to the association's efforts. "We really need to look at the watershed as an entire system," Pallay said. This upcoming water quality forum will be held at 6 p.m. Feb. 11 at the Granville, W.Va., Volunteer Fire Department events center, about a mile west of the Star City interchange of Interstate 79. Agencies invited to attend include the Pennsylvania Department of Environmental Protection, West Virginia Department of Environmental Protection, Greene County Department of Economic Development, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, RAIN Network, W.Va. Water Research Institute and W.Va. Geologic and Economic Survey. In another matter, Democratic gubernatorial candidate Joe Hoeffel will visit the Mt. Morris Community Center at 1 p.m. Saturday to discuss issues related to the Dunkard Creek fish kill. Copyright Observer Publishing Co. ----- Original Message ----- From: Betty Wiley To: Sent: Thursday, January 28, 2010 8:38 PM Subject: good news for Pennsylvania PennFuture praises Rendell decision to increase DEP’s staff and beef up regulations and inspections of Marcellus Shale drillers Group urges legislators to adopt a severance tax on the drilling without delay HARRISBURG, PA (January 28, 2010) – Jan Jarrett, president and CEO of Citizens for Pennsylvania’s Future (PennFuture) today praised the governor’s decision to add 68 new staff to the Department of Environmental Protection (DEP) and to strengthen regulation of gas drilling to provide better protection of Pennsylvania’s communities and natural resources from damage by natural gas drilling in the Marcellus Shale formation. “We’re glad that the governor recognizes that Marcellus gas drilling presents a new scale of environmental challenges to the Commonwealth’s natural resources, especially water,” Jarrett said. “This belt and suspenders approach will allow Pennsylvania to take advantage of the economic opportunities the natural gas presents, but update our rules and increase our ability to adequately oversee the drilling. “Citizens across Pennsylvania have cried out for smart regulations and true government oversight of the drilling,” continued Jarrett. “The new staff and the new regulations will go a long way in responding to those concerns. We are pleased that the governor recognized that rules designed to regulate the kind of gas drilling traditionally done in Pennsylvania are not up to addressing the environmental challenges presented by the deep drilling required to get to the Marcellus Shale gas, and moved to modernize our regulations. “But no matter how well regulated, drilling for the Marcellus gas will inevitably do some environmental damage as it depletes a natural resource, and it will impose costs on taxpayers and communities,” continued Jarrett. “That’s why we need to tax the drillers on the gas they pump out from our state, and use that tax to protect and improve our environment. The drilling companies pay such a tax nearly everywhere else they drill, and there is simply no reason not to tax them here. This additional income should not just be added to our general fund, but a major portion should go to the local communities that host the drilling, to our Fish and Boat and Game Commissions, and to environmental protection and conservation of our natural resources. “The governor’s announcements today put us on the right road to grow the economy and protect the environment,” said Jarrett. “We look forward to working with our elected officials to move our state further down that road, protecting our state forests from rampant drilling, and having the drilling companies pay their fair share through a severance tax.” PennFuture is a statewide public interest membership organization, founded in 1998. PennFuture's activities include litigating cases before regulatory bodies and in local, state and federal courts, advocating and advancing legislative action on a state and federal level, public education, and assisting citizens in public advocacy. Working from the premise that “Every environmental victory grows the economy,” PennFuture has successfully advocated for landmark environmental legislation, including passage of the largest-ever environmental funding bond, public investment in green energy and energy savings programs, passage of the Alternative Energy Portfolio Standards Act, adoption of the Clean Vehicles Program and adoption of a regulation to protect Pennsylvania’s babies by restricting mercury pollution from coal-fired power plants. PennFuture has staff throughout the state, in Harrisburg, Philadelphia, Pittsburgh, West Chester, Doylestown and Wilkes-Barre. The Philadelphia Inquirer called PennFuture the “state’s leading environmental advocacy organization.” Jeanne K. Clark Director of Communications Citizens for Pennsylvania's Future (PennFuture) 425 Sixth Avenue, Suite 2770 Pittsburgh, PA 15219 www.pennfuture.org 412-258-6683 (W) 412-258-6685 (F) For cell phone and text messages: 412-736-6092 ----- Original Message ----- From: Sally Snyder To: Beth Little ; cindy rank ; Donald C. Strimbeck Sent: Thursday, January 28, 2010 4:31 PM Subject: Fwd: Manchin to IOGA: "Call me if you don't think you're being treated right." Business Thursday January 28, 2010 Manchin says state is 'partner' Governor speaks to hundreds of oil, gas executives gathered for annual meeting by George Hohmann Daily Mail Business Editor Gov. Joe Manchin struck a conciliatory note with the oil and natural gas industry Wednesday, saying, "Markets and competition are tough enough. You don't need to have government make it tougher." Manchin was the keynote speaker at the winter meeting of the Independent Oil and Gas Association of West Virginia. The natural gas industry is being transformed by an increase in supplies from shale formations that have been known for years to contain natural gas. Geotechnical engineers and other specialists have figured out how to drill down into shale and then go sideways to open a much bigger area of the gas-bearing formation. There's talk in the natural gas industry that the Marcellus Shale gas field - known in the business as a "play" - may contain 500 trillion cubic feet of gas. The Marcellus Shale extends from northeast Pennsylvania around Bedford through southwestern Pennsylvania, through the Northern Panhandle of West Virginia and into the central part of the state. It underlies 15 million acres. Instead of worrying about running out of natural gas within 10 years - a prevalent discussion within the industry in the 1970s - the discussion now is about having up to 90 years of proven and potential supply. "I know many of you are from other parts of the country," Manchin said to the nearly 700 industry executives gathered at the Marriott. He was alluding to the fact that several out-of-state companies, including Exxon Mobil Corp. and Norway's StatoilHydro, have snapped up properties in the Marcellus Shale in recent months. "We appreciate you so much," Manchin said. "I'm going into my sixth year as governor, and one thing I've tried to put out there is responsibility, continuity so you know what to expect and how it's going to be delivered," Manchin said. The governor said he's been emphasizing "retail government," which he described as a government that says thank you, meets deadlines and treats you with respect. "You don't go out with a cease-and-desist order, you go out with a helping hand," he said. If a situation isn't corrected then enforcement is appropriate, he said. Companies that are looking for places to expand will find "you're going to have a partner at the end of the day you never bargained for, asked for or even wanted," Manchin said. "It's going to be government. You'd better pick a good partner. If you pick a partner with no vision, no stability, you're going to have problems. That's something we fight every day. The system doesn't think like you do with timelines, deadlines." Although the increase in natural gas supplies has created excitement about what it may mean for jobs and West Virginia's economy, the prospects for expansion bring concerns, too - especially about the treatment of water used in the drilling process. Earlier this month, the state Department of Environmental Protection announced the release of a guidance document and permit addendum that it said is designed to better manage water use and disposal by the oil and gas industry when drilling in the Marcellus Shale. The DEP said the document "addresses the need for well operators to be diligent about protecting the state's waters." Manchin said, "We're working on the water situation. I know this could be your biggest impediment. This is the big thing with the EPA," he said, referring to the federal Environmental Protection Agency. "We're doing everything we can to help you in this industry," he said. "You don't need 'gotcha! government.' How can you do it right if you don't know what must be done? We're trying to get some clarity. We have a company from South Korea in the filtering business. We're talking to everyone we can to find some help." Manchin did not bring up two industry sore points: * Chesapeake Energy, one of the nation's largest natural gas producers, last year canceled plans for a regional office in Charleston after it was surprised by a huge punitive damage award and then found out that West Virginia offers no automatic right of appeal. In his State of the State address earlier this month, Manchin praised the state Supreme Court for working on rules that are intended to ensure the right of appeal. * Pennsylvania, which has a large portion of the Marcellus Shale play and has already attracted industry investment, does not have a severance tax on natural gas. West Virginia does. A recent Penn State study estimated that because Pennsylvania has no severance or property tax, wellhead revenue there is about 11 percent higher. Although Manchin didn't specifically mention the severance tax, he did point out that during his administration the food sales tax, business franchise tax and corporate income tax have been lowered. "For every adjustment for business you have to make an adjustment for consumers," he said. "You have to have a balance." Manchin concluded, "We want you to do well. Call me if you don't think you're being treated right. I want to make sure 'retail government' works for you." He received a standing ovation. Contact writer George Hohmann at busin...(a)dailymail.com or 304-348-4836. ----- Original Message ----- From: Sally Snyder To: John Snyder ; Julie Archer ; Donald C. Strimbeck ; Beth Little ; David McMahon ; Gary Zuckett ; cindyrank Sent: Thursday, January 28, 2010 4:30 PM Subject: Fwd: ProPublica: Pennsylvania’s Gas Wells Booming—But So Are Spills Message from sender: check it out Pennsylvania’s Gas Wells Booming—But So Are Spills By Sabrina Shankman, January 27, 2010 4:08 pm EST http://www.propublica.org/feature/pas-gas-wells-booming-but-so-are-spills-1… COMMONWEALTH OF PENNSYLVANIA Dept. of Environmental Protection Commonwealth News Bureau Room 308, Main Capitol Building Harrisburg PA., 17120 FOR IMMEDIATE RELEASE 01/28/2010 CONTACT: Tom Rathbun, DEP 717-787-1323 Governor Rendell: PA Taking Aggressive Action to Protect Public, Environment as Marcellus Shale Drilling Operations Expands Directs DEP to Hire 68 Additional Staff to Bolster Inspections, Environmental Compliance New Regulations Planned to Improve Well Safety Standards HARRISBURG -- In order to protect Pennsylvania’s residents and environment from the impact of increased natural gas exploration across the state, Governor Edward G. Rendell announced today that the commonwealth is strengthening its enforcement capabilities. At the Governor’s direction, the Department of Environmental Protection will begin hiring 68 new personnel who will make sure that drilling companies obey state laws and act responsibly to protect water supplies. DEP also will strengthen oil and gas regulations to improve well construction standards. These critical upgrades are designed to prevent gas leaks that can pose risks to the public and water quality. “Interest in Pennsylvania’s Marcellus Shale formation is greater than ever before and as natural gas prices continue to rise, that interest will only increase,” said Governor Rendell. “In fact, the industry has told us that they expect to apply for 5,200 permits to drill in the Marcellus Shale this year -- nearly three times the number of permits we issued in all of 2009. Given these conditions, an extraction tax is gaining widespread support across our state and I will again ask the General Assembly to enact such a levy. It is fair and affordable to drillers. They know it, and so do members of the House of Representatives who voted for it last year. “The actions I am announcing today, however, are about decisive, progressive protections for the people of Pennsylvania. We were able to hire 37 additional inspectors and permitting staff in 2009, but the industry’s projected growth in 2010 means that we need additional inspectors to ensure oil and gas companies follow environmental laws and regulations. As I’ve said all along, we want to encourage the development of this resource because it’s a tremendous economic opportunity for the state, but we will not allow that to happen at the expense of our environment.” DEP performed 14,544 drilling site inspections in 2009 and took 678 enforcement actions against drillers for violations. The 68 additional personnel will be funded entirely from money generated by new, higher permitting fees that were instituted in 2009—the first such increase since 1984. The new fees were put in place with bipartisan support from the General Assembly, industry and environmental organizations. The Governor noted that given the need for these additional health and safety personnel and the dedicated funding source that is independent of the state’s General Fund, these new hires are exemptions to the general hiring freeze he instituted last year. DEP’s work to amend Pennsylvania’s oil and gas regulations will strengthen well construction standards and define a drilling company’s responsibility for responding to gas migration issues, such as when gas escapes a well or rock formation and seeps into homes or water wells. Specifically, he said the new regulations will: • Require the casings of Marcellus Shale and other high-pressure wells to be tested and constructed with specific, oilfield-grade cement; • Clarify the drilling industry’s responsibility to restore or replace water supplies affected by drilling; • Establish procedures for operators to identify and correct gas migration problems without waiting for direction from DEP; • Require drilling operators to notify DEP and local emergency responders immediately of gas migration problems; • Require well operators to inspect every existing well quarterly to ensure each well is structurally sound, and report the results of those inspections to DEP annually; and • Require well operators to notify DEP immediately if problems such as over-pressurized wells and defective casings are found during inspections. “These new draft regulations, which were developed through open meetings with experts in the industry, are designed to give Pennsylvanians peace of mind by bringing our state’s requirements up to par with other major gas producing states or, as in the case of the well casing requirements, to a level that is even more rigorous,” said Governor Rendell. The new regulations will be offered for public comment on Jan. 29 before going through DEP’s formal rulemaking process. Interest in Pennsylvania’s Marcellus Shale formation has been increasing. One third of the more than 6,200 oil and natural gas drilling permits DEP issued in 2009 were for drilling in the Marcellus Shale. By comparison, only four of the more than 6,000 permits issued in 2005 were for the Marcellus formation. For more information, visit www.depweb.state.pa.us. For Immediate Release: January 28, 2010 Contacts: Lauren Townsend 215-939-7621 Co-Manager Joe Hoeffel 2010 Frank Custer - 215-527-5928 Joe Hoeffel 2010 Eastern PA Press Contact Matt Merriman- Preston - 412-600-3405 Joe Hoeffel 2010 Western PA Press Contact Press Advisory Hoeffel to Hear from Greene County Residents Concerning Environmental Issues Surrounding Dunkard Creek Mt. Morris, January 28, 2010 – Democratic gubernatorial candidate Joe Hoeffel has accepted an invitation from the Friends of Dunkard Creek to hear from concerned residents of Greene County who will talk to him about hardships and concerns as a result of recent environmental disasters, including a massive fish kill along the waterway. Hoeffel will speak to residents about his commitment to protect the health of Pennsylvanians, the beauty of Pennsylvania, and the sustainability of the state’s resources. WHO: Democratic gubernatorial candidate Joe Hoeffel WHAT: Meeting with Greene County Residents Concerning Dunkard Creek WHEN: Saturday, January 30, 2010, 1pm WHERE: Mt. Morris Community Center, 303 Mount Morris Road, Mt. Morris PA 15349 THE STATE JOURNAL Friday 29 January 2010: Report Urges States to Plan Now for decline in Coal Production Posted Thursday, January 28, 2010 ; 06:00 AM | View Comments | Post Comment Some say study fails to portray increasing demand for state's energy. By JIM ROSS For The State Journal The time has come for West Virginia and neighboring states to prepare for a significant decrease in coal production and the economic changes that will come with it. That's according to a report issued last week from Downstream Strategies, an environmental consulting firm based in Morgantown. The report uses projections from the federal government to predict that coal production in the central Appalachian region -- composed of southern West Virginia, western Virginia, eastern Kentucky and eastern Tennessee -- will decrease by half in the next 10 years. "Coal has contributed significantly to local and state economies in central Appalachia, but production has fallen substantially over the last 12 years as other coal basins and sources of fuel have become more competitive," said lead author Rory McIlmoil in a statement released with the study. "This trend is expected to continue as mining costs increase due to the depletion of the lowest-cost coal reserves and as new environmental regulations are implemented. As this happens, local and state economies will need new sources of jobs and revenue to replace coal mining jobs and taxes." The 34-page report says new jobs and tax revenues can be created through development of renewable energy and energy efficiency. Losses from the decline of coal can be recaptured by gains from wind, solar, low-impact hydro and sustainable biomass production and from a strong focus on energy efficiency improvements. Coal production in the region peaked at 290 million tons in 1997, but it fell by about 20 percent to 235 million tons in 2008, according to the report. Central Appalachian coal got a boost in the 1990s from the first phase of the Clean Air Act as electric utilities switched to central Appalachian coal to meet smokestack emission standards. Since then, many coal-fired power plants have installed scrubbers, allowing them to burn coal from other regions, too. The report suggests that states act now to diversify the economy of the central Appalachian region. Among steps it recommends: requiring each state to provide 25 percent of its energy from renewable sources; grants, tax credits, clean energy bonds or low-interest loans to support renewable energy development and manufacturing; implementing and strengthening net metering laws; developing work force programs aimed at providing the skills and knowledge required for renewable energy industries; strong incentives for local ownership of energy development. McIlmoil gave Gov. Joe Manchin a copy of the report this week, and the governor is reviewing it, said Manchin spokesman Matt Turner. Manchin has said he recognizes West Virginia needs to diversify its economy, but he also recognizes that coal "is going to be our primary source of energy as we transition to our fuels of the future," Turner said. The governor wants investments in technology to enable the state to make that transition, but coal will be the dominant energy source for the next 30 years, Turner said. Turner pointed to the Bucks for Brains program that is bringing researchers to the state and with them the promise of new homegrown industries. Steve Roberts, president of the West Virginia Chamber of Commerce, said the report overlooks the fact that all the coal mined in West Virginia is being bought. "We have a history of seeing reports of the rapid decline in the use of coal, and it simply hasn't happened," he said. "The marketplace has a large and growing appetite for coal and electricity. As the national and international economies recover in the future, there will be a larger need for coal." Cal Kent, vice president of business and economic research at Marshall University, also voiced that opinion. Kent said the report is well documented, but it offers little new material. Everyone knows reserves are declining, and central Appalachian coal faces competition from other regions and from alternate energy sources. However, the report ignores the accelerating demand for electricity that will require development of nuclear and alternate sources, Kent said. "There are not enough alternate sources now to replace coal over the next decade or two," he said. Everyone recognizes the need to diversify the state economy, but no one has developed a workable strategy that overcomes severe problems in accomplishing that, Kent said. The state has little developable flat land, particularly in coal-producing counties, he said. Installing the necessary infrastructure and transportation arteries into those areas is expensive and time consuming. The work force is older and less educated than the national average. And the state has a reputation, whether deserved or not, of being an expensive place to do business. That includes the perceived legal environment, he said. Researchers at Marshall and West Virginia University are working on their own study of coal in the state. It focuses on the industry's economic impact. Research has been completed, and the document is in its final edit, Kent said, with release set for mid-February. "Most folks will be surprised to find out how really dependent on coal the West Virginia economy is," he said. North-Central W.Va. is Ground Zero for Surface Mine Coal Ash Posted Thursday, January 28, 2010 ; 06:00 AM | View Comments | Post Comment Updated Thursday, January 28, 2010; 11:05 AM EPA is considering whether material from power plants used in mine reclamation is hazardous. Story by Pam Kasey Email | Bio | Other Stories by Pam Kasey On the eve of a U.S. Environmental Protection Agency decision about regulating coal combustion waste as a hazardous material, mine operators are spreading the substance extensively across north-central West Virginia. The noncombustible part of coal, coal combustion waste (CCW) is what's left when power plants burn coal to make electricity, according to the EPA. It includes fly ash, boiler slag and scrubber residues. Following the December 2008 CCW slurry spill that covered 300 acres in Kingston, Tenn., West Virginians learned of 20 such wet slurry impoundments in this state. But CCW may be disposed of in other ways as well; in the absence of federal regulation, practices differ state by state. In West Virginia, it may be landfilled. It may be recycled: into concrete, for example, or wallboard. Or, when written into a surface mine permit, its combination with coal mine refuse during reclamation may be designated a "beneficial use" by the West Virginia Department of Environmental Protection, according to the Division of Mining and Reclamation's permitting handbook. Meanwhile, one coal company official said his company complies with regulatory standards and he is concerned that increased standards needlessly could increase the cost of energy. CCW and North-Central W.Va. The practice is widespread in north-central West Virginia. The simple idea behind it, according to Jeff Stant, is that the alkaline CCW material neutralizes the highly acidic northern Appalachian coal wastes and prevents acid mine drainage. Stant has studied CCW for two decades and directs the nonprofit Environmental Integrity Project's Coal Combustion Waste Initiative. The reality, Stant said, is much more complex. A 2006 National Academy of Sciences study found that CCW contains "metals and other elements, such as arsenic, cadmium, chromium and lead, in quantities that can potentially be harmful to human health or the environment." Stant cited research showing that, rather than offering a beneficial synergy, the chemical interactions between acidic mine refuse and alkaline CCW create ideal conditions for leaching the heavy metals from the ash. "They're creating a more dangerous scenario," Stant said. "They're maximizing risk." A map in the National Academies study shows that north-central West Virginia has by far the highest concentration of CCW mine placement in the country. "Monongalia, Marion and Preston counties, there are 80 or 90 mine dumps there," Stant said. "Pennsylvania has more total mine dumps, about 120, but they're spread over the western half of the state and the eastern anthracite region. Yours are almost all in those three counties." Two Current Permits Currently in public comment are two draft permits in north-central West Virginia that include CCW. In one, for Morgantown-based Patriot Mining Co.'s New Hill West surface mine in the acidic Waynesburg seams, CCW from the Morgantown Energy Associates power plant would be applied during reclamation. Residents John and Petra Wood, scientists who work in Morgantown and moved to nearby Cassville 17 years ago for a more secluded lifestyle, submitted comments on Patriot's Community Impact Statement and its draft Surface Mining Control and Reclamation Act permit. The Cassville area has changed, the Woods wrote. "Since 1997, almost 1,100 acres have been surface mined, and permit applications for an additional 580 acres of surface disturbance recently have been submitted for this area," they wrote. "From 1999 to 2007, we estimate that about 6 million tons of CCW have been deposited on seven surface mine permits ... in and around the Cassville community," they wrote, summarizing their review of other permits. "An additional 2.4 million tons of CCW is proposed for (the current permit)." They cited findings by the National Academies and others showing that CCW mine sites leach heavy metals with potential human health effects and that state-mandated surface water and groundwater monitoring typically are insufficient. They also pointed out that CCW has been found to leach dissolved solids, or TDS -- the contaminant that contributed to the death of the fish and mussels on more than 38 miles of Dunkard Creek in their area last fall. "Could the millions of tons of CCW that have been deposited in the Monongahela River watershed in recent years be contributing to TDS loading in the river and its tributaries?" the Woods asked in their comments. "This needs to be investigated, as the Monongahela River is the drinking water source for 850,000 people (and has been) identified by the West Virginia Division of Natural Resources as a high-quality stream." The second permit, for Morgantown-based Coresco LLC, is a surface mining control and reclamation act permit -- but involves no mining. "The proposed Coal Refuse Disposal Area No. 4 will not include coal removal and will strictly be a refuse disposal site," the applicant states. Coresco proposes to combine coal preparation refuse from its local mining operation and CCW from the Hatfield's Ferry, Fort Martin and Longview power plants on a 350-acre site near the Monongahela River. The company would deposit up to 2.8 million tons of material each year for 25 to 30 years to a final height, in one area, of up to 500 feet. The West Virginia chapter of the Sierra Club commented on this permit. "There does not appear to be any beneficial purpose to the disposal of the coal ash and combustion byproducts," the comments read. "We recommend that the beneficial use designation be determined to be inapplicable to this permit, and that a solid waste landfill permit be required, complete with liner, leachate collection and leachate leak detection systems." Stant placed the project in context. "It's a huge, a huge operation," he said. "(The completed project) is like two-thirds of the entire annual national generation of coal combustion waste from all power plants." EPA and OMB A "hazardous" designation from the EPA would trigger the development of a federal disposal standard. Tom Jones, senior mining engineer at Patriot Mining, said he believes the testing that Patriot conducts and that WVDEP requires is sufficient to show that the company's use of CCW is in compliance with existing regulations. A blanket hazardous designation would send CCW to landfills needlessly, he said, and would increase Patriot's costs and, ultimately, the price of electricity. The federal Office of Management and Budget currently is conducting meetings with industry stakeholders. At issue are those additional costs, as well as whether a hazardous designation would cripple re-use -- the destination of 45 percent of CCW in 2008, according to the American Coal Ash Association, mine fills included. Stant believes the designation would stop the use of CCW at mines. "Minimum requirements would have to be met that would force them to isolate the ash from water," he said. "If they did that, that would spell the end of mine filling as we currently know it." Don Strimbeck, Sec/Treas Upper Mon River Assoc UpperMon.org Vice Chair, Mon River Rec & Comm Com MonRiverSummit.org WVU t-shirts & prints - FindHarri.com 109 Broad Street, P. O. Box 519 Granville WV 26534-0519 304-599-7585 (fax 4131) dcsoinks(a)comcast.net

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Mine operators in WVa rushing to spread coal ash before it is declared hazardous
by Frank Young 28 Jan '10

28 Jan '10

"NORTH CENTRAL W.VA. IS GROUND ZERO FOR SURFACE MINE COAL ASH" "Mine operators are spreading serious amounts of coal combustion waste in W.Va. before the EPA declares it to be a hazardous material." Pam Kasey reports for the WV State Journal January 28, 2010. http://www.statejournal.com/story.cfm?func=viewstory&storyid=74194

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Action Alert [Fwd: coal ash disposal]
by Jonathan Rosenbaum 28 Jan '10

28 Jan '10

Earth Justice has declared today National Day of Action on Coal Ash. -Jonathan

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State of Union
by Jim Sconyers 27 Jan '10

27 Jan '10

Nuclear - yes Clean coal - yes Offshore oil - yes Woooowheee! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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FW: FW: Jan 29 meeting in Wetzel Co
by Grubb, Karen 27 Jan '10

27 Jan '10

Frank, are you still planning to go? From: Frank Young [mailto:fyoung@mountain.net] Sent: Wednesday, January 27, 2010 5:18 PM To: Grubb, Karen Subject: Fw: [EC] FW: Jan 29 meeting in Wetzel Co I don't think this came through the EC list. FYI. ----- Original Message ----- From: Duane330(a)aol.com To: fyoung(a)mountain.net Sent: Wednesday, January 27, 2010 5:04 PM Subject: Re: [EC] FW: Jan 29 meeting in Wetzel Co Jim, Beth, Frank, et al. I will be attending this meeting, if I can locate an original copy of the invitation to provide the context and invitation list. My home territory is Tyler and Wetzel county; I drove thru Wileyville earlier today coming from Paden City back to Morgantown on WV Route 7. I can go representing the TDS Strategy Group. However, this Group has its focus on the Monongahela River. Wetzel County is in the Ohio River watershed, not the Monongahela River watershed. The Marcellus Shale drilling operations in Wetzel county drain mostly into Marshall county then to the Ohio River. It you want to see some of the pictures, go to: www.marcellus-shale.us Let me know if you need a ride from Morgantown................... Duane Nichols >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> In a message dated 1/27/2010 11:44:17 A.M. Eastern Standard Time, fyoung(a)mountain.net writes: Beth, Can you give us an idea of what you'd specifically like SC's presence there to be? Ask people to sign a Sierra Club contact sheet? Offer some specific assistance from Sierra Club? If so, what? If I go, I will be going in mostly blind. I do not know any of the people you have mentioned. And other than for the town of New Martinsville (on the Ohio River), I have no familiarity with Wetzel County. But I am a country boy, and so I can find my way to the meeting- wherever it is. But unless I know what you might expect of me there, I would be winging it. Frank ----- Original Message ----- From: Frank Young <mailto:fyoung@mountain.net> To: EC(a)osenergy.org Sent: Wednesday, January 27, 2010 11:08 AM Subject: Re: [EC] FW: FW: Jan 29 meeting in Wetzel Co If no one else at all can go, I could. But Friday is usually my day to take care of treasurer stuff at the WVEC office- pay our lobbyists, pay other bills, etc. I could go this one time. But I could not make the commitment to make this an ongoing priority. I have too many of those already. Frank ----- Original Message ----- From: Grubb, Karen <mailto:Karen.Grubb@fairmontstate.edu> To: EC(a)osenergy.org Sent: Wednesday, January 27, 2010 10:57 AM Subject: [EC] FW: FW: Jan 29 meeting in Wetzel Co Can anyone make this meeting? I will try, but I will have to take off work to go. ________________________________ From: rhunt(a)ovis.net [mailto:rhunt@ovis.net] Sent: Wed 1/27/2010 10:20 AM To: Grubb, Karen Subject: Re: FW: Jan 29 meeting in Wetzel Co The meeting is Jan 29,1-4 pm at the Wileyville Auction Hall on Rt 7 right on the road. Turn from rt 250 right before Hundred on to Rt 7, Wileyville is in the center of the county..we also have people from Washington Co Pa coming, Bob Donnan, and many families who are desperate for finding help. I bought a Jayco Camper which sleeps 8 so we could have a nice place for people to stay. please let me know..people still are stunned that this could happen in America to a quiet rural community..some driller landsmen were stopping at the store in Littleton last week and were bragging about fooling people..they were on their way to Rock Cave. Let me know, Marilyn Hunt ----- Original Message Follows ----- From: "Grubb, Karen" <Karen.Grubb(a)fairmontstate.edu> To: <rhunt(a)ovis.net> Cc: "James Kotcon" <jkotcon(a)wvu.edu> Subject: FW: Jan 29 meeting in Wetzel Co Date: Tue, 26 Jan 2010 13:36:52 -0500 >Marilyn, > >I may be able to attend the meeting in Wetzel County. Can >you tell me where and when it is? Beth Little asked if >someone could go to keep us all in the loop. Also Jim >Kotcon, Energy Chair may be able to attend. > >Karen Grubb > >Sierra Club Conservation Chair > >From: Beth Little [mailto:blittle@citynet.net] >Sent: Tuesday, January 26, 2010 8:55 AM >To: 'James Kotcon'; Grubb, Karen >Subject: RE: Jan 29 meeting in Wetzel Co > >The weather is making it look completely impossible for me. > Plus, Caroline's car just broke down. > >The contact for the meeting is Marilyn Hunt 304-775-2484. >We talked for at least an hour, and she said she could >provide overnight accommodations too. > >Also, there is a Penn State webinar on water testing >related to gas drilling tomorrow, 1/27 at noon and 7pm >http://water.cas.psu.edu/webinars.htm ><http://water.cas.psu.edu/webinars.htm> It is being >conducted by Brian Swistock. He is a Cooperative Extension >agent and he came to Monroe Co in 2008 to conduct a public >meeting on Marcellus shale. I was impressed that he was a >straight shooter that was really trying to get information >out to the public. >________________________________ > >From: James Kotcon [mailto:jkotcon@wvu.edu] >Sent: Monday, January 25, 2010 8:17 PM >To: Beth Little >Subject: Re: Jan 29 meeting in Wetzel Co > >Both Karen Grubb and I indicated this was a possibility, so >send info to both of us. I will try to go, but this is a >big grant-writing week, plus I am leading the Blackwater >Canyon x-c ski outing the next day, so I am a little iffy. > >JBK > >>>> "Beth Little" <blittle(a)citynet.net> 1/25/2010 7:10 PM > >Hey Jim, Dan Soeder said he thought someone at the ExCom >meeting said they were available to go to the Marcellus >shale gas drilling meeting in Wetzel Co this Friday and >maybe it was you. Yes? Or do you know who? I don't think >I have sent the information to find out where it is. Beth ________________________________ _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec ________________________________ _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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FW: FW: Jan 29 meeting in Wetzel Co
by Grubb, Karen 27 Jan '10

27 Jan '10

Can anyone make this meeting? I will try, but I will have to take off work to go. ________________________________ From: rhunt(a)ovis.net [mailto:rhunt@ovis.net] Sent: Wed 1/27/2010 10:20 AM To: Grubb, Karen Subject: Re: FW: Jan 29 meeting in Wetzel Co The meeting is Jan 29,1-4 pm at the Wileyville Auction Hall on Rt 7 right on the road. Turn from rt 250 right before Hundred on to Rt 7, Wileyville is in the center of the county..we also have people from Washington Co Pa coming, Bob Donnan, and many families who are desparate for finding help. I bought a Jayco Camper which sleeps 8 so we could have a nice place for people to stay. please let me know..people still are stunned that this could happen in America to a quiet rural community..some driller lansmen were stoping at the store in Littleton last week and were bragging about fooling people..they were on their way to Rock Cave.Let me know, Marilyn Hunt ----- Original Message Follows ----- From: "Grubb, Karen" <Karen.Grubb(a)fairmontstate.edu> To: <rhunt(a)ovis.net> Cc: "James Kotcon" <jkotcon(a)wvu.edu> Subject: FW: Jan 29 meeting in Wetzel Co Date: Tue, 26 Jan 2010 13:36:52 -0500 >Marilyn, > >I may be able to attend the meeting in Wetzel County. Can >you tell me where and when it is? Beth Little asked if >someone could go to keep us all in the loop. Also Jim >Kotcon, Energy Chair may be able to attend. > >Karen Grubb > >Sierra Club Conservation Chair > >From: Beth Little [mailto:blittle@citynet.net] >Sent: Tuesday, January 26, 2010 8:55 AM >To: 'James Kotcon'; Grubb, Karen >Subject: RE: Jan 29 meeting in Wetzel Co > >The weather is making it look completely impossible for me. > Plus, Caroline's car just broke down. > >The contact for the meeting is Marilyn Hunt 304-775-2484. >We talked for at least an hour, and she said she could >provide overnight accommodations too. > >Also, there is a Penn State webinar on water testing >related to gas drilling tomorrow, 1/27 at noon and 7pm >http://water.cas.psu.edu/webinars.htm ><http://water.cas.psu.edu/webinars.htm> It is being >conducted by Brian Swistock. He is a Cooperative Extension >agent and he came to Monroe Co in 2008 to conduct a public >meeting on Marcellus shale. I was impressed that he was a >straight shooter that was really trying to get information >out to the public. >________________________________ > >From: James Kotcon [mailto:jkotcon@wvu.edu] >Sent: Monday, January 25, 2010 8:17 PM >To: Beth Little >Subject: Re: Jan 29 meeting in Wetzel Co > >Both Karen Grubb and I indicated this was a possibility, so >send info to both of us. I will try to go, but this is a >big grant-writing week, plus I am leading the Blackwater >Canyon x-c ski outing the next day, so I am a little iffy. > >JBK > >>>> "Beth Little" <blittle(a)citynet.net> 1/25/2010 7:10 PM > >Hey Jim, Dan Soeder said he thought someone at the ExCom >meeting said they were available to go to the Marcellus >shale gas drilling meeting in Wetzel Co this Friday and >maybe it was you. Yes? Or do you know who? I don't think >I have sent the information to find out where it is. Beth

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Mayor Bloomberg NYC on Marcellus Shale
by William V. DePaulo, Esq. 27 Jan '10

27 Jan '10

http://www.cleanskies.com/articles/bloomberg-opposes-nat-gas-drilling-nyc-w… -- 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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Fwd: [GW-ACT-LEADERS] AEP on pilot CCS facility in West Virginia
by James Kotcon 26 Jan '10

26 Jan '10

>>> "dave o'leary" <dave.oleary(a)MDSIERRA.ORG> 1/26/2010 10:23 AM >>> Here is a link to an interview about AEP's pilot CCS facility in West Virginia. I pasted in the link to the full interview, along with a few selected comments from the AEP spokesperson. David O'Leary Chapter Conservation Chair Sierra Club - Maryland Chapter = = = = = = = = = = = = = = = = = = = = = = = = = = = = http://www.bgrncol.com/status-report-on-the-operation-of-the-largest-operat… Status Report on the Operation of the Largest Operating Coal-Fired CCS Plant in the U.S. Published on January 25th, 2010 in Interviews American Electric Power, one of the largest electric utilities in the United States, started operating a 20 MW coal-fired Carbon Capture and Storage (CCS) plant in September 2009. It is currently the largest facility of its kind in the United States, and the success or failure of this operation will likely have a major impact on the viability of this technology and the future role of coal in the U.S.'s and the world's low carbon emissions future, as well as impact the adoption rates of nuclear and renewables. In this follow-up interview, Nick Akins, the Executive Vice President of Power Generation for American Electric Power (AEP), speaks about the status of the operation and what it means for scale-up timetables and ultimate price and energy penalties that affect the viability of coal-fired CCS. = = = = = = = = = = = = = = = = = = = = = = = = = = = = The 20-megawatt CCS installation at our Mountaineer Plant in New Haven, W.Va., started capturing carbon dioxide (CO2) Sept. 1, 2009, and we began injecting CO2 into the geologic formations Oct. 1, 2009. = = = = = = = = = = = = = = = = = = = = = = = = = = = = we are in the range of the 15 to 30 percent energy penalty that we were expecting. It is important to realize that this is a process validation installation, so it is not optimized for efficiency, but rather for flexibility to adjust process conditions. = = = = = = = = = = = = = = = = = = = = = = = = = = = = We were extremely pleased to be notified Dec. 4, 2009, that we were selected to receive $334 million in funding through the Department of Energy's Clean Coal Power Initiative to scale-up the CCS process at our Mountaineer Plant. We plan to build the 235-megawatt installation of the chilled ammonia carbon capture and storage process at Mountaineer and expect it to be operational in 2015. At this scale, we will capture and store approximately 1.5 million metric tones of CO2 annually. = = = = = = = = = = = = = = = = = = = = = = = = = = = = We anticipate retrofitting up to 75 percent of our existing 25,600 megawatts of coal-fueled generation with CCS technology by 2025 or 2030. The plants we retrofit will be our largest, most efficient generating units that have already been retrofit to reduce emissions of sulfur dioxide, nitrogen oxides and mercury. The remaining 25 percent of our existing coal-fired generating fleet likely will be retired. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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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Longview Tax Exempt Bonds
by James Kotcon 25 Jan '10

25 Jan '10

Longview has requested a determination by the WV Public Service Commission. that tax-exempt Industrial revenue bonds to be issued by the WV Economic Development Authority "do not offend the public interest". The bonds were approved by the WV-EDA three years ago, but Longview now wants the PSC's blessing because that is a condition written into state law. I propose to submit the attached Letter of Protest objecting to sch a determination. The deadline is Thursday, so let me know if you have any thoughts on this issue. JBK

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NYTimes.com: Expanding Use of Wind Power Feasible, but May Be Costly
by william.depaulo＠gmail.com 25 Jan '10

25 Jan '10

This page was sent to you by: william.depaulo(a)gmail.com. link to summary of wind study potential by Obama's DOE http://www.nrel.gov/wind/systemsintegration/pdfs/2010/ewits_executive_summa… BUSINESS / ENERGY & ENVIRONMENT | January 21, 2010 Expanding Use of Wind Power Feasible, but May Be Costly By MATTHEW L. WALD According to a study, heavy reliance on wind energy is "technically feasible," but will require significant expansion of the power grid. http://www.nytimes.com/2010/01/21/business/energy-environment/21wind.html?e… ---------------------------------------------------------- ABOUT THIS E-MAIL This e-mail was sent to you by a friend through NYTimes.com's E-mail This Article service. For general information about NYTimes.com, write to help(a)nytimes.com. NYTimes.com 620 Eighth Avenue New York, NY 10018 Copyright 2010 The New York Times Company

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Underground Injection of Gas Industry Brine Taking Off
by Frank Young 24 Jan '10

24 Jan '10

Blank "Several years into the developing Marcellus Shale gas boom, West Virginia well operators are opening new brine disposal injection wells to handle the waste fluids. " http://www.statejournal.com/story.cfm?func=viewstory&storyid=73947

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Fwd: FYI: Republican Poll- "BIPARTISAN PUBLIC SUPPORT FOR CLIMATE LEGISLATION"
by James Kotcon 24 Jan '10

24 Jan '10

FYI. This is a pretty important survey, and the pdf has some very important advice on word choice. How we talk about this matters. Terms like "Carbon Neutral" and "Green Jobs" are jargon and they are NOT reaching Americans, whereas concerns about energy security, health, and sustainability matter a lot. "It's not what you say, it's what they hear." JBK >>> Paula Carrell <Paula.Carrell(a)sierraclub.org> 1/22/2010 12:39 PM >>> ----- Forwarded by Bob Bingaman/Sierraclub on 01/22/2010 11:08 AM ----- Bob Bingaman/Sierraclub 01/22/2010 11:07 AM

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Fwd: 2010 coal campaign small grant program announcement
by Paul Wilson 23 Jan '10

23 Jan '10

fyi, incase some of you are not on this listserve. best, paul ---------- Forwarded message ---------- From: Verena Owen <verena_owen(a)prodigy.net> Date: 2010/1/22 Subject: 2010 coal campaign small grant program announcement To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org Beyond Coal Campaign * * * * * Small Grant * *Request for Proposals* *January, 2010* *ANNOUNCEMENT * * * The Beyond Coal Campaign is soliciting proposals from Sierra Club entities seeking to pursue its Campaign goals in 2010. Eligible entities include Sierra Club committees, chapters, groups, and ad hoc project teams. The small grants are reserved for volunteer-led efforts and are on a reimbursement-basis only. We cannot pay for staff time. Projects must align with the following primary goals of the National Coal Campaign: - Prevent the construction of a new coal-fired power plants, - Retire and/or replace existing coal plants with clean energy, - End mountaintop removal mining, prevent mining and infrastructure expansions in the Power River Basin, Alaska and other locations with destructive mining practices, - Increase opposition to and defeat dirty fuels : tar sands, oil shale, liquid coal and coal gas The Beyond Coal Campaign will give priority to projects where funds are used to increase grass roots volunteer involvement, to empower activists to engage others to help win on coal, and are used to coordinate local, state and national efforts and help build coalitions with other public interest and public health groups. Priority will also be given for issues or areas where we currently not have enough capacity. We are looking for innovative ideas, and ideas that could be translated or used for other locations. The coal campaign fully supports the Club’s diversity policy and encourages projects that further the goals of the policy. There are only limited *C3* funds (that means no lobbying), a total of about $50,000, available for these small grants. The suggested budget range is $5000 or less. Depending on demand, available funds, and a good pitch, a larger project may be considered. The Coal Campaign Small Grants Application Form is available on the Coal Campaign’s Clubhouse website or by contacting Judy.Hofrichter(a)sierraclub.org . There is no deadline for applying. Please inquire about available funds. It is expected that once applied for, funding decisions about projects will be made in two to four weeks and applicants will be notified of the outcome. If you do not hear from us, please follow up! * * * * For the coal team, Verena Owen Volunteer co-lead ------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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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Fwd: drop in electricity usage, especially coal-generated
by Jim Sconyers 22 Jan '10

22 Jan '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 1/22/10, Jane Feldman <feldman.jane(a)GMAIL.COM> wrote: From: Jane Feldman <feldman.jane(a)GMAIL.COM> Subject: Fwd: drop in electricity usage, especially coal-generated To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Friday, January 22, 2010, 1:28 PM Hi, all - Maybe you have seen this already. Good stuff. The EIA has a nice monthly report on electricity usage in the US at http://www.eia.doe.gov/cneaf/electricity/epm/epm_sum.html The latest one shows electrical usage dropping 4.6% in 2009 vs. 2008 and coal-generated electricity decreasing a whooping 12.4%. Factor in a recession, but I think this is still very good news. -- Jane Conservation Chair, Southern Nevada Group of the Sierra Club Energy Chair, Toiyabe Chapter of the Sierra Club - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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/

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Fwd: EPA News Release (HQ): EPA Increases Transparency on Chemical Risk Information
by James Kotcon 21 Jan '10

21 Jan '10

Wonder if this covers fracking fluids in gas well drilling? JBK CONTACTS: Dale Kemery kemery.dale(a)epa.gov 202-564-7839 202-564-4355 Enesta Jones jones.enesta(a)epa.gov 202-564-7873 202-564-4355 FOR IMMEDIATE RELEASE January 21, 2010 EPA Increases Transparency on Chemical Risk Information Action part of continued comprehensive reform of toxic substance laws WASHINGTON — As part of Administrator Lisa P. Jackson’s commitment to strengthen and reform chemical management, the U.S. Environmental Protection Agency (EPA) today announced a new policy to increase the public’s access to information on chemicals. Starting today, EPA has announced its intention to reject a certain type of confidentiality claim, known as Confidential Business Information (CBI), on the identity of chemicals. The chemicals that will be affected by this action are those that are submitted to EPA with studies that show a substantial risk to people's health and the environment and have been previously disclosed on the Toxic Substances Control Act (TSCA) Chemical Inventory. This action represents another step to use the agency’s authority under the existing TSCA to the fullest extent possible, recognizing EPA’s strong belief that the 1976 law is both outdated and in need of reform. “Assuring the safety of chemicals is one of Administrator Jackson's top priorities for EPA's future,” said Steve Owens, assistant administrator for EPA’s Office of Prevention, Pesticides and Toxic Substances. “The American people are entitled to transparent, accessible information on chemicals that may pose a risk to their health or the environment. We will continue taking steps that increase transparency and assure the safety of chemicals in our products, our environment and our bodies.” Under TSCA, companies may claim a range of sensitive, proprietary information as CBI. Under Section 8(e) of TSCA, companies that manufacture, process, or distribute chemicals are required to immediately provide notice to EPA if they learn that a chemical presents a substantial risk of injury to health or the environment. The Section 8(e) reports are made available on EPA’s Web site. However, until today, companies would routinely claim confidentiality for the actual identity of the chemical covered by the Section 8(e) submission, so the public posting of the information would not include the name of the chemical. The new policy announced today ends this practice for chemicals on the public portion of the TSCA Inventory. This new policy will increase the amount of information available by granting the public access to the chemical identification information submitted, along with other health and safety data under Section 8(e). In the coming months, EPA intends to announce additional steps to further increase transparency of chemical information. EPA’s new policy on TSCA Section 8(e) submissions is being published in the Federal Register. More information on the new policy: http://www.epa.gov/oppt/tsca8e/ More information on EPA’s principles for comprehensive TSCA reform: http://www.epa.gov/oppt/existingchemicals/pubs/principles.html R016 Sent by the U.S. Environmental Protection Agency · 1200 Pennsylvania Avenue NW · Washington DC 20460 · 202-564-4355

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Fw: Report on future of Central Appalachian coal
by Jim Sconyers 20 Jan '10

20 Jan '10

FYI - very important new report on the future of coal in WV. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 1/20/10, Evan Hansen <ehansen(a)downstreamstrategies.com> wrote: From: Evan Hansen <ehansen(a)downstreamstrategies.com> Subject: Report on future of Central Appalachian coal To: "Jim_Kotcon" <jkotcon(a)wvu.edu>, "Duane_Nichols" <Duane330(a)aol.com>, "Jim Sconyers" <jim_scon(a)yahoo.com> Date: Wednesday, January 20, 2010, 6:13 AM Hi Jim, Duane, and Jim: I thought you might be interested in this report that we just released. Here’s a good description in the Coal Tattoo blog: http://blogs.wvgazette.com/coaltattoo/2010/01/19/must-read-report-the-decli… Evan Evan Hansen, President Downstream Strategies 219 Wall Street Morgantown, WV 26505 304.292.2450 www.downstreamstrategies.com From: Downstream Strategies [mailto:info@downstreamstrategies.com] Sent: Tuesday, January 19, 2010 9:25 AM To: ehansen(a)downstreamstrategies.com Subject: Release: Report on Central Appalachian Coal Argues for Diversification FOR IMMEDIATE RELEASE January 19, 2009 CONTACT Rory McIlmoil, Staff Research Analyst Energy and Climate Change Program (304) 292-2450 (o) (304) 376-0045 (c) rmcilmoil(a)downstreamstrategies.com New Report Warns of Decline of Central Appalachian Coal Argues for New Focus on Economic Diversification and Renewable Energy for the Region MORGANTOWN, WV - As the legislative season begins across Central Appalachia, a new report by Downstream Strategies details future challenges to coal production in the region and argues that policy-makers should strongly support renewable energy and the development of new economic opportunities for coal-producing areas. "Coal has contributed significantly to local and state economies in Central Appalachia, but production has fallen substantially over the last 12 years as other coal basins and sources of fuel have become more competitive," said lead author Rory McIlmoil. "This trend is expected to continue as mining costs increase due to the depletion of the lowest cost coal reserves, and as new environmental regulations are implemented. As this happens, local and state economies will need new sources of jobs and revenue to replace coal mining jobs and taxes." According to the report, Central Appalachian coal production is projected to fall by nearly 50% within the next ten years. Central Appalachia includes the coal-producing counties in southern West Virginia, eastern Kentucky, southwest Virginia, and eastern Tennessee The report points to renewable energy and energy efficiency as two sectors where new jobs and tax revenues can be created, as the region has a wealth of clean energy resources. The report concludes that losses related to the decline of the coal industry can be recaptured by gains from wind, solar, low-impact hydro, and sustainable biomass production, and from a strong focus on energy efficiency improvements. To support the diversification of the regional energy economy, the report outlines a series of policy instruments, including requiring each state to provide 25% of their energy from renewable sources; the provision of grants, tax credits, clean energy bonds, or low-interest loans to support renewable energy development and manufacturing; the implementation and strengthening of net metering laws; and the development of workforce programs aimed at providing the skills and knowledge required for renewable energy industries. The study also argues for strong incentives for local ownership of energy development, to help maximize the local economic benefits of renewable energy projects. "Given that coal production is projected to decline significantly in the coming decades, diversification of Central Appalachian economies is now more critical than ever," said co-author Evan Hansen, President of Downstream Strategies. "State leaders should use this legislative session to increase support for new economic development across the region, especially in the rural areas set to be the most impacted by a sharp decline in the region's coal economy." In December 2009, West Virginia Senator Robert C. Byrd stated, "West Virginians can choose to anticipate change and adapt to it, or resist and be overrun by it. The time has arrived for the people of the Mountain State to think long and hard about which course they want to choose." According to McIlmoil, "The same is true for all of Central Appalachia, and we hope this report helps policy-makers understand the changes that are coming so that they can support new industries. The renewable energy sector offers one of the greatest opportunities for economic development." Downstream Strategies is an environmental consulting company in Morgantown, West Virginia, with program areas in environmental policy, environmental science, and geographic information systems. The company provides science, research, and tools to organizations, businesses, and agencies. It offers clients an alternative to mainstream environmental consulting by combining sound interdisciplinary skills with a core belief in the importance of protecting the environment and linking economic development with natural resource stewardship. Download the full report or visit the Downstream Strategies publications page. # # # Forward email This email was sent to ehansen(a)downstreamstrategies.com by info(a)downstreamstrategies.com. Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. Email Marketing by Downstream Strategies | 219 Wall Street | Morgantown | WV | 26505

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Use of diesel fuel in gas drilling as fracing material
by William V. DePaulo, Esq. 20 Jan '10

20 Jan '10

[image: Green Inc. - Energy, the Environment and the Bottom Line]<http://greeninc.blogs.nytimes.com/> <http://www.nytimes.com/adx/bin/adx_click.html?type=cookie&pos=Position1B> January 20, 2010, 9:20 am Gas Drilling Techniques Under Fire … Again By JOHN COLLINS RUDOLF<http://greeninc.blogs.nytimes.com/author/john-collins-rudolf/> Drilling companies are side-stepping regulations on use of diesel fuel in the extraction process, a new report suggests. Federal government oversight of hydraulic fracturing – a drilling technique that boosts natural gas extraction by blasting water, sand and chemicals underground at high pressure – is sorely lacking, putting drinking water supplies at risk, an environmental policy group claimed in a report<http://www.ewg.org/drillingaroundthelaw>released Tuesday. According to the Environmental Working Group <http://www.ewg.org/>, a research and advocacy group based in Washington, drilling companies are side-stepping a permitting requirement for the use of diesel fuel in their fracturing fluids by using similar petroleum distillates that contain the same toxins as diesel, but require no permitting. The report also cites evidence that drilling companies continue to inject diesel fuel underground without the proper permits. “The industry has been able to operate above the law,” said Dusty Horwitt, the group’s senior counsel. “They’re doing an end-run around what little oversight is left.” The use of hydraulic fracturing has vastly boosted the productivity of existing natural gas wells and opened new territory to drilling, helping lift natural gas reserves in the United States by nearly a third, and igniting a drilling boom from New York to Wyoming. Yet as gas companies explore drilling in sensitive regions like the New York City watershed in upstate New York, concern over the technology’s potential to pollute water supplies has mounted. The drilling boom – and the growing controversy over the risk of water contamination – was outlined in a December article<http://www.nytimes.com/2009/12/08/business/energy-environment/08fracking.ht…>by Times reporters Jad Mouawad and Clifford Krauss. As they noted, the evidence of groundwater pollution attributable to fracturing is thin — though environmental groups contend that is because governments have been slow to react to the drilling boom and are not looking hard for contamination. Gas companies, meanwhile, acknowledge the validity of some concerns, but they claim that their technology is fundamentally safe. In 2004, the United States Environmental Protection Agency released a report<http://www.propublica.org/feature/buried-secrets-is-natural-gas-drilling-en…>declaring that hydraulic fracturing posed little threat to human health. The following year, drawing support from the E.P.A. report, Congress voted to exempt hydraulic fracturing from oversight under the Clean Water Act. The law made one exception, however – that companies acquire permits when using diesel fuel in their fracturing fluid. Diesel contains benzene and other cancer-causing agents. Obeying the letter of the law, many drilling companies switched from diesel to other petroleum distillates. Yet these distillates also contain toxics such as benzene, sometimes in even greater levels than the diesel they are replacing, according to the Environmental Working Group report. “These substitutes are extremely toxic,” Mr. Horwitt said. The group also contacted environmental agencies in New York, Pennsylvania, Montana, Texas and Wyoming – states where hydraulic fracturing has been used extensively – seeking information on the continuing use of diesel fuel in drilling. Only one state, Wyoming, provided information on permitting, the report states. “It’s not even clear if companies are getting permits if they’re using diesel,” Mr. Horwitt said. “This whole area has been shrouded in secrecy and lax regulation.” Drilling companies maintain that hydraulic fracturing is safe and have launched a fierce lobbying and public relations effort<http://www.energyindepth.org/projectbrief/record-of-safety/>to resist further regulation. Congress will have a chance to revisit the controversy over the safety of the technology this week as it weighs approval<http://thehill.com/blogs/e2-wire/677-e2-wire/76831-exxon-ceo-to-tout-safety…>of the Exxon Mobil Corporation’s proposed $41 billion acquisition of XTO Energy, a major player in natural gas extraction. [image: DCSIMG] -- 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: New Community & Environmental Protection Resources
by Jim Sconyers 19 Jan '10

19 Jan '10

FYI Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 1/19/10, Richard Klein <Rklein(a)ceds.org> wrote: From: Richard Klein <Rklein(a)ceds.org> Subject: New Community & Environmental Protection Resources To: jim_scon(a)yahoo.com Date: Tuesday, January 19, 2010, 10:38 AM Dear Mr. Sconyers I wanted to make you aware of three new resources for citizens seeking to preserve communities and the environment from the impact of sprawl and other poorly planned projects... Citizen's Hotline 1-800-773-4571 for those concerned about flawed projects who need assistance in addition to that available from the Sierra Club and other not-for-profit groups; Coal-By-Wire & Transmission Lines webpage for citizens concerned about proposed high-voltage or extra-high voltage transmission projects facilitating more pollution from coal-fired power plants: ceds.org/tl; and Making Pollution Laws Work webpage providing guidance on reporting pollution problems so they are quickly corrected along with advice on identifying existing problems and managing watershed growth to prevent new ones: ceds.org/compliance. As a former Sierra Club group chair and National Sprawl Committee member, I know that the Club simply cannot help everyone who seeks our assistance. I created these and other resources to provide citizen activists with an alternative to hiring an expensive lawyer when they require assistance beyond that available through the Club's 63 Chapters and 274 Groups. I would deeply appreciate it if you would consider letting conservation chairs and others who receive requests for assistance know about these new resources. A complete description of all our no-cost citizen assistance is available on our main webpage: ceds.org. While more then half the folks we help find that our free assistance is all they need, a small portion of the remainder hire CEDS to manage their campaign, which is how we can afford to offer all the no-cost help. Our Politically Oriented Advocacy webpage describes the unique approach we developed which is achieving a 90% success rate while expanding the base of public (voter) support for responsible growth- and environmental-management. Thank you. -- Richard D Richard D. Klein Community & Environmental Defense Services 811 Crystal Palace Court Owings Mills, Maryland 21117 410-654-3021 410-654-3028 Fax 443-421-5964 Mobile Web Page: www.ceds.org/

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NYTimes.com: Luminous 3-D Jungle Is a Biologist's Dream
by william.depaulo＠gmail.com 19 Jan '10

19 Jan '10

This page was sent to you by: william.depaulo(a)gmail.com. If you want to persuade someone to join the fight against mountain top removal or global warming, send them to see AVATAR...a "Minds and Hearts" for the environment, if ever there was one. SCIENCE | January 19, 2010 Essay: Luminous 3-D Jungle Is a Biologist's Dream By CAROL KAESUK YOON The new film "Avatar" explores life forms both familiar and fantastic, but a viewer does not have to be a scientist to enjoy the experience. http://www.nytimes.com/2010/01/19/science/19essay.html?emc=eta1 ---------------------------------------------------------- ABOUT THIS E-MAIL This e-mail was sent to you by a friend through NYTimes.com's E-mail This Article service. For general information about NYTimes.com, write to help(a)nytimes.com. NYTimes.com 620 Eighth Avenue New York, NY 10018 Copyright 2010 The New York Times Company

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Kennedy v. Blankenship MTR debate
by Frank Young 16 Jan '10

16 Jan '10

For those of you not attending this debate in person, it will apparently be available via WV Public Broadcasting, as well as on several websites. ~~~~~~~~~~~~~~~~~~~~~~~~~ Jan. 21: The Big Debate Broadcast on Radio, TV, Web As one news story said, it is the hottest ticket in town: "Forum on the Future of Energy." At 6:15 p.m. on Thursday, Jan. 21, the University of Charleston will present a "public conversation" between Waterkeeper Alliance President and environmentalist Robert F. Kennedy, Jr., and Massey Energy Chairman and CEO Don Blankenship. Tickets for seats in the auditorium have all been given away. The university will open up a gymnasium and broadcast the debate live there. West Virginia Public Broadcasting will air the debate live, so people anywhere can tune in. You can also watch the "Forum on the Future of Energy" on assorted websites, as noted here. __._,_.___ Reply to sender | Reply to group Messages in this topic (1) Recent Activity: Visit Your Group Start a New Topic Working since 1967 for the conservation and wise management of West Virginia's natural resources MARKETPLACE Going Green: Your Yahoo! Groups resource for green living Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Storm No Problem For Houses "Off The Grid"- Public News Svc. story
by Frank Young 15 Jan '10

15 Jan '10

BlankWith apologies for dual postings: ------------------------------------------------------- CHARLESTON, W.Va. - This winter's unusually cold weather has created snarls around the nation. Here in Appalachia, a fierce December storm knocked out power to nearly 400,000 people and cost more than $60 million to clean up. Not everyone lost electricity, however, because some weren't connected to the power grid in the first place. Mary Wildfire lives with her husband in a house they built outside Spencer in Roane County. They run their lights, computers, appliances and the pump for their well on eight solar panels located in their front yard. "Our immediate neighbors were out of power for a week; they got it back Christmas Eve. And we did really pretty well, because there were some partly sunny days." She says the solar panels actually work better when it snows, because of the amount of light they get. Wildfire admits that anyone who heats with wood or generates their own electricity loses a lot in terms of convenience. In her household, they have to pay attention to how much power they use and how much sun they get, but it's part of a lifestyle that has advantages, despite the trade-offs. "We had to check whether we had wood in the shed, whether we were using too much power for how much light we'd gotten lately, but then to live on the grid we'd have to have, probably, full-time jobs." Wildfire admits the system was expensive to install, at about $4,000 after tax breaks. But she says they're counting on it lasting for decades. Dan Heyman, Public News Service - WV http://www.publicnewsservice.org/index.php?/content/article/12190-1

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Re: [EC] Fwd: MA Chapter Biomass Policy/Resolution
by Jim Sconyers 15 Jan '10

15 Jan '10

SC (Bill Price, Mary Ann Hitt, Bruce Nilles) have been, I believe, very supportive of that proposed facility. I agree that most biomass plants would cause deforestation, regardless of how they claim to use only "waste" wood. I don't like wood biomass at all. But this seems to be only about forest biomass. What about other biomass? switchgrass/kenaf/sugar cane/ethanol/etc? I don't know the numbers, whether burning switchgrass is carbon neutral or not... Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 1/15/10, James Kotcon <jkotcon(a)wvu.edu> wrote: From: James Kotcon <jkotcon(a)wvu.edu> Subject: [EC] Fwd: MA Chapter Biomass Policy/Resolution To: ec(a)osenergy.org, mwimmer(a)wvu.edu Date: Friday, January 15, 2010, 3:11 PM I guess we just don't have enough to do. The Massachusetts Chapter has adopted a policy to oppose biomass facilities and opposes designation of biomass as "renewable". Have they gone too far? Or are we behind the times? Does this mean I should stop using my wood stove? A wood-to-electricity facility in southern WV (I think Mingo or McDowell County) was recently announced. Do we have a position on it? JBK >>> James McCaffrey <director(a)SierraClubMass.org> 1/15/2010 2:12 PM >>> Dear Club Leaders and fellow state directors / lobbyists et al: Attached is the MA Chapter’s new biomass policy, as recently adopted, and a letter to our legislature. We are battling several large-scale biomass proposals. Incentives to develop biomass infiltrated various bits of MA legislation/regs and other initiatives, and a rush ensued. These plants could devastate the Massachusetts landscape and cause a huge net increase of CO2 at this time. There was a very vocal and intense outcry from both members and the general public in opposition to the proposals here in MA. Much of our research has been conducted by Alexandra Dawson (former Chapter Excom) and her colleague, Mary Booth, an environmental scientist. That combined with the extensive work and legacy of the Club on related issues (forestry, energy etc) provided us with a solid background to oppose the proposed facilities. I have spoken to a few other New England states that are tracking this issue, and the biomass momentum creates a significant threat nationwide. Biomass proponents are working hard to have the same kind of incentives that created our problems here written into the federal energy bill. A few key points to note about our policy/letter: • The Chapter policy is based heavily on very careful review of Club guidance documents and polices, including Energy Policies, Forest Policies, and the Biomass Guidance docs. The letter and policy borrow rather extensively from these existing Club polices and work. Many sections are exact wording from the existing Club policy/guidance docs. If there is interest in an annotated version that highlights Club polices and documents, I could generate a new version late next week. • The policy is specific only to woody biomass harvested from living forests and being used for utility-scale electricity generation. The Chapter has “reserved judgment” on small-scale combined heat and power facilities, while acknowledging that there is still every possibility of “death by a thousand cuts”. • The policy does not deal with other biofuels (switch-grass or algae crops etc) that are currently being reviewed by other entities within the Club. This is noted in the adopted policy. • Although our chapter also opposes the burning of C&D, and several of our proposed plants would burn C&D, that is being dealt with in separate chapter polices. Our Chapter leaders are hopeful that our work here will lead to the strongest possible stance by the Club on this issue. The support from our members has been very enthusiastic since release of the policy. In December, as a direct result of our work, our administration agreed to suspend the applicability of renewable energy credits for biomass plants pending the outcome of a sustainability study. There are more details about this in our letter to the legislature. Please respond if you have any comments or thoughts on the policy, and feel free to forward this info to anyone else in the Club who may find it helpful. Jay McCaffrey MA Chapter Director ________________________________ James McCaffrey Director Massachusetts Sierra Club 10 Milk Street, Suite 632 Boston MA 02108 617.423.5775 voice 617.890.0338 fax www.sierraclubmass.org director(a)sierraclubmass.org __________________________________ The Sierra Club is a non-profit environmental organization with 21,000 members in Massachusetts and 700,000 members nationwide dedicated to the preservation, protection, and exploration of the earth’s natural environment. Join us! www.sierraclubmass.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -----Inline Attachment Follows----- _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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Fwd: MA Chapter Biomass Policy/Resolution
by James Kotcon 15 Jan '10

15 Jan '10

I guess we just don't have enough to do. The Massachusetts Chapter has adopted a policy to oppose biomass facilities and opposes designation of biomass as "renewable". Have they gone too far? Or are we behind the times? Does this mean I should stop using my wood stove? A wood-to-electricity facility in southern WV (I think Mingo or McDowell County) was recently announced. Do we have a position on it? JBK >>> James McCaffrey <director(a)SierraClubMass.org> 1/15/2010 2:12 PM >>> Dear Club Leaders and fellow state directors / lobbyists et al: Attached is the MA Chapter’s new biomass policy, as recently adopted, and a letter to our legislature. We are battling several large-scale biomass proposals. Incentives to develop biomass infiltrated various bits of MA legislation/regs and other initiatives, and a rush ensued. These plants could devastate the Massachusetts landscape and cause a huge net increase of CO2 at this time. There was a very vocal and intense outcry from both members and the general public in opposition to the proposals here in MA. Much of our research has been conducted by Alexandra Dawson (former Chapter Excom) and her colleague, Mary Booth, an environmental scientist. That combined with the extensive work and legacy of the Club on related issues (forestry, energy etc) provided us with a solid background to oppose the proposed facilities. I have spoken to a few other New England states that are tracking this issue, and the biomass momentum creates a significant threat nationwide. Biomass proponents are working hard to have the same kind of incentives that created our problems here written into the federal energy bill. A few key points to note about our policy/letter: • The Chapter policy is based heavily on very careful review of Club guidance documents and polices, including Energy Policies, Forest Policies, and the Biomass Guidance docs. The letter and policy borrow rather extensively from these existing Club polices and work. Many sections are exact wording from the existing Club policy/guidance docs. If there is interest in an annotated version that highlights Club polices and documents, I could generate a new version late next week. • The policy is specific only to woody biomass harvested from living forests and being used for utility-scale electricity generation. The Chapter has “reserved judgment” on small-scale combined heat and power facilities, while acknowledging that there is still every possibility of “death by a thousand cuts”. • The policy does not deal with other biofuels (switch-grass or algae crops etc) that are currently being reviewed by other entities within the Club. This is noted in the adopted policy. • Although our chapter also opposes the burning of C&D, and several of our proposed plants would burn C&D, that is being dealt with in separate chapter polices. Our Chapter leaders are hopeful that our work here will lead to the strongest possible stance by the Club on this issue. The support from our members has been very enthusiastic since release of the policy. In December, as a direct result of our work, our administration agreed to suspend the applicability of renewable energy credits for biomass plants pending the outcome of a sustainability study. There are more details about this in our letter to the legislature. Please respond if you have any comments or thoughts on the policy, and feel free to forward this info to anyone else in the Club who may find it helpful. Jay McCaffrey MA Chapter Director ________________________________ James McCaffrey Director Massachusetts Sierra Club 10 Milk Street, Suite 632 Boston MA 02108 617.423.5775 voice 617.890.0338 fax www.sierraclubmass.org director(a)sierraclubmass.org __________________________________ The Sierra Club is a non-profit environmental organization with 21,000 members in Massachusetts and 700,000 members nationwide dedicated to the preservation, protection, and exploration of the earth’s natural environment. Join us! www.sierraclubmass.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Fwd: Fleischauer Bills
by James Kotcon 14 Jan '10

14 Jan '10

The top three bills mentioned are priorities for the WV Sierra Club. Unleash those letter writers and get letters of support to our Delegates. And for the policy wonks, new junkies, and legal beagles, go to the WV Legislature web page, type in the number of the bills, and read over HB 3254 and HB 3279. WOW! JBK >>> <dsgjr(a)aol.com> 1/13/2010 5:38 PM >>> Some of our bills were introduced today. HB 4001 Relating to water pollution control Pending House Government Organization -- TDS bill HB 4008 Green Buildings Act Pending House Government Organization HB 4012 West Virginia Energy Efficiency Act Pending House Government Organization also these others came up today HB 2314 Relating to a severance tax imposed on surface mining activities Pending House Energy, Industry and Labor, Economic Development and Small Business 01/13/10 HB 2328 Increasing the Public Service Commission appointees and requiring that there be one appointee from each congressional district and two at-large appointments Pending House Government Organization HB 2764 West Virginia Public Campaign Financing Act Pending House Judiciary HB 3023 Relating to oil and gas surface owner's bill of rights Pending House Energy, Industry and Labor, Economic Development and Small Business HB 3254 Requiring county commissions to adopt and implement county farmland protection programs Pending House Government Organization HB 3279 Prohibiting any permits authorizing the construction, enlargement or modification of any coal mine waste Pending House Energy, Industry and Labor, Economic Development and Small Business HB 4023 Relating to the Public Service Commission Pending House Government Organization

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Fwd: Principles for Safeguarding Nuclear Waste at Reactors
by James Kotcon 13 Jan '10

13 Jan '10

The Physicians for Social Responsibility have asked WVEC to endorse the attached Principles. Based on my review, these are such common sense that it makes me wonder why they are not already the rule, but I suspect that the parts about community involvement and independent monitoring have raised alarm at DOE. Whaddya Tink? JBK >>> dsgjr(a)aol.com> 1/11/2010 10:45 PM >> ( mailto:dsgjr@aol.com> ) From: mpinnell(a)psr.org To: dsgjr(a)aol.com Sent: 1/11/2010 2:03:56 P.M. Eastern Standard Time Subj: Principles for Safeguarding Nuclear Waste at Reactors Dear Don, Gary Zuckett suggested I contact you. We at PSR are working on issuing a policy statement on safeguarding nuclear waste at reactor sites in the next few weeks and are really hoping to get at least 1 group from all 50 states on board with our position. Attached you will find the Principles for Safeguarding Nuclear Waste at Reactors. We are really hoping to get at least 1 group from all 50 states on board with our position, and right now we don’t have a representative for West Virginia. The Obama administration has stated, in its opposition to Yucca Mountain, that it will be reevaluating nuclear waste policy in the U.S. so it is a critical time to make a statement in support of safe and sane waste management practices. It would be fantastic if West Virginia Environmental Council could sign on and if you would like to forward this statement to other groups you work with, that would be great too. We’re hoping to issue these to the public next week, so the sooner you can reply, the better. Morgan Pinnell Safe Energy Program Coordinator Physicians for Social Responsibility Phone: 202-587-5232 Email: mpinnell(a)psr.org

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Re: [EC] Science article on MTR
by Paul Wilson 12 Jan '10

12 Jan '10

On the Diane Rehm Show on WAMU public Radio last Thursday, a couple of the guest referred to an embargoed article from Science magazine. Attached is a pdf of that article. -- 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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Fwd: Re: Wind Siting Guidelines
by James Kotcon 12 Jan '10

12 Jan '10

The State Government Program Leaders List-serve has been soliciting wind energy siting guidelines from the state to use as models. Attached are the wind energy siting guidelines from Arizona, which appear to be pretty good. They include things like recommending "Bird Flight Diverters" on towers which have been shown to reduce collisions by up to 86 %, as well as requirements for acoustic monitoring for bats, and coordination with state wildlife plans. Does WV-DNR have anything like this? Should we push for something like this from WV-DNR? It would be a way to support the wind industry by providing clear guidance while also providing protections for critical wildlife species. Whaddya Tink? JBK --------------------------- cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- >>> Sandy Bahr <sandy.bahr(a)sierraclub.org> 1/11/2010 6:03 PM >>> These are pretty good from our Game and Fish Department. Sandy Bahr Chapter Director Sierra Club - Grand Canyon Chapter 202 E. McDowell Rd, Suite 277 Phoenix, AZ 85004 Phone (602) 253-8633 Fax (602) 258-6533 sandy.bahr(a)sierraclub.org From:FRED [mailto:CONS-FRED@LISTS.SIERRACLUB.ORG] On Behalf Of Kenneth C. Winston Sent: Monday, January 11, 2010 1:32 PM To: CONS-FRED(a)LISTS.SIERRACLUB.ORG Subject: Wind Siting Guidelines --------------------------- cc:Mail Users-----------------------------** Remember to DELETE the 'Sender: ...' lines above before REPLYing **---------------------------------------------------------------------- Does anyone have a really good set of wind siting guidelines? I have looked at the material that Sandy Bahr (and others) were working on at the time of Colloquium and looked at Kansas’s guidelines. I also looked up the Wisconsin guidelines, but they appear to just direct the PSC to develop guidelines. The chairman of the Natural Resources Committee has indicated that he is open to the idea of guidelines and I have another key member of the committee who is pushing the idea so I need to come up with something fast. Any helpful ideas would be appreciated. Ken Winston - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-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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Fwd: a "green" project by a Brunswick MD group
by James Kotcon 10 Jan '10

10 Jan '10

Anybody know anything about this group or this project? JBK >>> "Peter Maynard" <excelsior6(a)verizon.net> 1/8/2010 5:50 PM >>> Jim, we are a group of environmentally-concerned people who are now undertaking the restoration of the old Harper's Ferry hydroelectric plant, now owned by Park Service, decommissioned several years ago as, one supposes, not worth the bother. Yet at one time it was a significant source of electric power. And no significant damming of the Potomac is required -- which would make this a very "green" project. Keepers of the Green have taken the first step toward returning to viability this old plant. We have asked the Park Service for its approval. The next step would be a feasibility study. We will need a lot of help to move this project forward. Do you think your Sierra Club people might be interested? Can you give me any suggestions about other people who might be enlisted? -- Peter Maynard

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Fwd: You are invited to register as a Climate Leader for the Online phonebank next week Fwd: Thank you for signing up to phone bank!
by Jim Sconyers 08 Jan '10

08 Jan '10

Great phone bank system - and now the calls are about the Murkowski amendment that would strip the EPA's authority to regulate greenhouse gas emissions. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Thu, 1/7/10, Jane Feldman <feldman.jane(a)GMAIL.COM> wrote: From: Jane Feldman <feldman.jane(a)GMAIL.COM> Subject: Fwd: You are invited to register as a Climate Leader for the Online phonebank next week Fwd: Thank you for signing up to phone bank! To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Thursday, January 7, 2010, 7:27 PM Hi, Energy Chairs and GW Chairs - I am working hard to recruit people to participate in the online phonebanks that Sierra Club calls "Winning Wednesdays." I just sent out an email to my local conservation crew, asking them to sign up for the online phonebank. The email that I sent them is below. I thought that maybe you would like to sign up for the online phonebank, too. And maybe you might like to send an email of your own to your energy and GW committee people. Thx for all the hard work you do. Jane Las Vegas ---------- Forwarded message ---------- From: Jane Feldman <feldman.jane(a)gmail.com> Date: Thu, Jan 7, 2010 at 4:21 PM Subject: You are invited to register as a Climate Leader for the Online phonebank next week Fwd: Thank you for signing up to phone bank! To: best-conservation-crew Hi, all - I just signed up to do the online phonebank next Wed. I'd love to have each ofyou join in, too. We will be calling Sierra Club members in targeted states, and transferring them into their Senator's office voicemail to leave a message. We will urge the Senators to oppose Sen Murkowski's proposal that would limit the EPA's ability to manage green house gases. We are mobilizing in a major way to protect administrative controls on greenhouse gases and to pass a climate and energy bill in the Senate. Here's how the online phonebank works: You need a computer on the Internet and a telephone. (The computer system feeds the phone calls into your telephone - you don't even have to dial the phone.) You can work at home, at your office, at your favorite coffee shop - anywhere that you have Internet and a telephone. You can work for a half hour or for 4 hours. You can apply immediate, incisive pressure to protect administrative action to manage greenhouse gases, and pave the way for a good climate and energy bill in the Senate. Here's how to sign up: Go to www.sierraclub.org/climateleaders. Register to be a Climate Leader. Use the same web page to find the button to "Sign up for Winning Wednesday Phonebanks." Christina and Nicole will then automatically send you an email (see below) with instructions. If you have any questions at all - email or call me. I'll look forward to being on line with you on Wednesday! Thank you. -- Jane 648-0699 landline at home Conservation Chair, Southern Nevada Group of the Sierra Club Energy Chair, Toiyabe Chapter of the Sierra Club ---------- Forwarded message ---------- From: Christina & Nicole, Sierra Club <online.advocacy(a)sierraclub.org> Date: Thu, Jan 7, 2010 at 8:12 AM Subject: Thank you for signing up to phone bank! To: feldman.jane(a)gmail.com Jane, Thank you for signing up to phone bank! Here's the info. When: Wednesday, January 13th Time: Phone banks from 6-10 pm ET, 3-7 pm PT Dial In: 866-501-6174, Conference Code: 211-1742 Learn how to use our Winning Connections system on one of two training session conference calls at 6:00 pm ET/3:00 pm PT and again at 8:30pm ET/5:30pm PT. This is a new system for 2010. Even if you've taken a training before, you'll want to join to see what's new. Before the call, please review the instructions on how to use the phone bank system on the sign up page. We'll post the instructions for the new system the week of January 11th. http://action.sierraclub.org/climateleaders_phone We look forward to working with you, and please don't hesitate to send us any questions you have at online.advocacy(a)sierraclub.org. Thanks for leading the way, Christina Yagjian National Conservation Organizer Nicole Ghio Sierra Club Online Organizing Sierra Club 85 Second St. San Francisco, CA 94105 Sierra Club Home Join/Donate -- Jane Conservation Chair, Southern Nevada Group of the Sierra Club Energy Chair, Toiyabe Chapter of the Sierra Club - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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/

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Fwd: Club-wide "Call to Action on Clean Energy and Climate" - TUESDAY at 8:30pm ET
by Paul Wilson 08 Jan '10

08 Jan '10

fyi, paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Thu, Jan 7, 2010 at 6:54 PM Subject: Club-wide "Call to Action on Clean Energy and Climate" - TUESDAY at 8:30pm ET To: COAL-CAMPAIGN-FORUM(a)lists.sierraclub.org *Subject: Club-wide "Call to Action on Clean Energy and Climate" - TUESDAY at 8:30pm ET PLEASE FORWARD TO YOUR LISTS * Last month President Obama's EPA declared that global warming pollutionendangers human health and welfare, and announced plans to limit emissions from big polluters. This plan is now under attack by Senator Lisa Murkowskiof Alaska and other friends of Big Coal and Oil. Join us for a *Club-wide conference "Call to Action on Clean Energy and Climate" on Tuesday, January 12th at 8:30pm ET/5:30pm PT*. <>We will discuss critical action needed to protect the Obama Administration's ability to clean up greenhouse gas emissions and protect public health. <>We will also share legislative projections for 2010 regarding clean energy and climate solutions. When: *Tuesday, January 12th at 8:30pm Eastern * Number: 866.501.6174 code: 223 9223 Call Agenda: Welcome and Context Legislative and Administrative Strategy Campaign Tactics, Tools and Resources Questions and Answers We need your help to create a create the groundswell of support needed to defend and win a clean energy economy in 2010! Tools for Action: Action Alert (take and forward to your lists!) - * https://secure2.convio.net/sierra/site/Advocacy?cmd=display&page=UserAction… *<https://secure2.convio.net/sierra/site/Advocacy?cmd=display&page=UserAction…> Talking Points (username and password: clubhouse, explore) - * http://clubhouse.sierraclub.org/communications/talking-points/politics/murk… *<http://clubhouse.sierraclub.org/communications/talking-points/politics/murk…> LTEs - * http://clubhouse.sierraclub.org/communications/talking-points/templates/mur… *<http://clubhouse.sierraclub.org/communications/talking-points/templates/mur…> Hope you can join, for Christina Christina.Yagjian(a)sierraclub.org, Verena Owen - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-FORUM list, send any message to: COAL-CAMPAIGN-FORUM-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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Obama to meet with Manchin - send a PATH message
by Jim Sconyers 06 Jan '10

06 Jan '10

We have been told that Gov. Manchin has a meeting set with President Obama for next week, Jan. 12 to be specific. It would be a GREAT help if all our PATH opponents could flood the White House email system with messages asking the President to stand with us, the public, rather than coal and energy interests! And ask all your family, friends and co-workers to do the same - let's see if we can't get thousands of emails sent by the 12th! Send your message using this link: http://www.whitehouse.gov/CONTACT/ (Cut and paste into your browser if it's not a live link in this email.) Following is a sample message. Feel free to use all or part of it, or compose your own! Dear Mr. President: I am told you will meet with West Virginia Governor Manchin on January 12, 2010, to discuss energy issues. He will no doubt promote increasing coal fired electricity to be transmitted to the mid-Atlantic and northeast states via a 765 kV transmission line known as PATH. Please reject the Governor for the following reasons: 1) Coal is horribly polluting today. Clean coal experiments are starting, but clean coal combustion will not be achievable for decades to come; 2) The PATH application in Virginia has been declared unnecessary by the applicant due to significantly flawed planning by PJM (the electricity planner for this region); 3) PATH is viable only because FERC promised a 14.3% profit on all costs associated with the project to be paid by 50 million electricity consumers in 13 states even if no power ever flows through the PATH lines and regardless of who consumes the electricity that PATH transmits; 4) PATH passes very close to hundreds of homes ruining home values and assuring a spike in childhood leukemia, breast cancer, certain brain tumors and Alzheimer's disease. The sponsors of PATH refuse to purchase the affected homes; In summary, pollution-free electrical generation is your goal to meet future needs and to replace existing production as polluting units retire. The plan to do that is well underway in this region of America. PATH and the associated increase in highly polluting coal-fired electricity transmitted hundreds of miles by the largest extension cord ever built is WRONG and NOT NEEDED. Please reject Governor Manchin and continue to promote conservation, and wind and solar power sources for electrical generation. Expansion of unneeded coal-fired electricity generation today is totally unacceptable. Sincerely, Your Name Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Public Radio program on Mountaintop Removal scheduled for 10am on Thursday January 7th
by Paul Wilson 06 Jan '10

06 Jan '10

While listening to the Diane Rehm show on WAMU public radio, I heard that tomorrow's show will be on Mountaintop Removal mining. If your public radio station does not carry the Diane Rehm show, you can listen in on their website via the link below. It would be nice to get some call or emails in to this show. You can email Diane Rehm at drshow(a)wamu.org I think this will be a 10am (ETZ) program as a book author is scheduled for 11am according to the website. http://wamu.org/programs/dr/ -- 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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FW: NYT (Friedman -- While Detroit Slept)
by James Kotcon 05 Jan '10

05 Jan '10

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

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Fwd: a new month and a new year
by Paul Wilson 05 Jan '10

05 Jan '10

---------- Forwarded message ---------- From: West Virginia News Service WVNS <wvnsnews(a)gmail.com> Date: Mon, Jan 4, 2010 at 3:36 PM Subject: a new month and a new year To: I'm open to hearing story ideas for January. Best, Dan Heyman -- West Virginia News Service (WVNS) Toll Free: 1-800-317-6705 Fax: 540-301-0801 E-mail: wvns(a)publicnewsservice.org -- 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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Fwd: PennFuture Appeals AMDRI permit for Dunkard Creek
by James Kotcon 05 Jan '10

05 Jan '10

The actual appeal (filed Dec. 30) mentioned below is available at the link at the end of this article. It appears to be a very well-documented case and ties together Dunkard Creek, Longview, ConSol (Himphrey Mine), Dana Mining, PA-DEP, and AMD Reclamation, Inc. This is some important reading. JBK >>> Betty Wiley betty.w304(a)gmail.com> 1/4/2010 11:27 PM >> ( mailto:betty.w304@gmail.com> ) http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_view… Business Wire January 04, 2010 05:12 PM Eastern Time PennFuture, Friends of Dunkard Creek File Appeal on Mine Water Treatment Permit Allowing Dirty Water to Be Released into Creek Permit Changed without Public Notice HARRISBURG, Pa.--(BUSINESS WIRE)--Attorneys with Citizens for Pennsylvania's Future (PennFuture) last week filed an appeal before the Environmental Hearing Board challenging an amendment to the permit for the Shannopin Mine Dewatering Project. The appeal was filed on behalf of Friends of Dunkard Creek, as well as PennFuture. "The relaxed standards do not apply to the water being pumped from Consol's permitted Humphrey No. 7 Mine, which is not being done to avert a disaster, but to allow mining of the coal reserves above the Humphrey Mine." The Shannopin Mine Dewatering Project, which was designed to prevent a catastrophic breakout of acid mine water from the abandoned Shannopin Mine into Dunkard Creek, was originally granted a permit allowing less stringent cleanup of the dangerous water. The challenged permit amendment, for which no public notice was given, would allow the project to collect water from Consolidation Coal Company's (Consol) permitted Humphrey No. 7 Mine, where no breakout risk exists, and to treat that water to the less than optimal cleanup allowed in the original emergency situation. The permit amendment was granted by the Department of Environmental Protection's (DEP) Mining Program despite a finding nine months before by a DEP biologist that the Shannopin Project's discharge into Dunkard Creek contained high levels of Total Dissolved Solids (TDS) and other pollutants, which were causing harm to aquatic life in the creek. The permit amendment was issued two months after a massive kill of fish, mussels, and salamanders occurred in more than 40 miles of Dunkard Creek. "The lax water cleanup standards were allowed originally to avert an emergency - an impending breakout of acid mine pollution from the abandoned Shannopin Mine that would have severely polluted miles of Dunkard Creek and the Monongahela River," said PennFuture Senior Attorney Kurt Weist. "The relaxed standards do not apply to the water being pumped from Consol's permitted Humphrey No. 7 Mine, which is not being done to avert a disaster, but to allow mining of the coal reserves above the Humphrey Mine. "In March, DEP's water quality experts recommended that more stringent water quality limits be included in the renewal of the discharge permit for the Shannopin Project, which is now nearly sixteen months overdue," continued Weist. "It obviously is unreasonable to issue an amendment allowing another source of mine drainage to be connected to the Shannopin Project's treatment system before DEP renews the existing permit and puts the more protective limits into effect." Jim O'Connell of Friends of Dunkard Creek agreed, "How anyone could have granted this permit revision after the destruction we experienced last summer is beyond me. And you can bet that if there had been any public notice, DEP would have heard our objections loud and clear. It's time to reverse this backroom deal and clean up the water." A copy of the appeal filed by PennFuture is online at http://www.pennfuture.org/userfiles10/CalvinRunNOAwithoutattachments.pdf Contacts Citizens for Pennsylvania's Future Jeanne K. Clark, 412-258-6683 or 412-736-6092 info(a)pennfuture.org www.pennfuture.org ( http://www.pennfuture.org/ ) At A Glance Citizens for Pennsylvania's Future (PennFuture) Headquarters: Harrisburg, PA Website: http://www.pennfuture.org ( http://www.pennfuture.org/ ) CEO: Jan Jarrett Employees: 21 Organization: Non-profit Source: via Business Wire Updated 03/24/2009 by company Permalink: http://www.businesswire.com/news/home/20100104006386/en/PennFuture%2C-Frien…

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PATH drops out in Virginia
by James Kotcon 29 Dec '09

29 Dec '09

You have to read the footnotes, but PATH now says, not only that they want to withdraw their application in VA, but that they won't re-file before the third quarter of 2010, and they pledge not to appeal to FERC for backstop authority before a new application goes through the process. It would be good for them to do that here in WV as well. Happy New Year! JBK

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Fw: COG Digest, Vol 10, Issue 134
by Jim Sconyers 28 Dec '09

28 Dec '09

Wow! As little as 15-20% of the fracking fluid may be recovered. Lotta crap staying in the Earth... Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Sun, 12/27/09, Donald C. Strimbeck <dcsoinks(a)comcast.net> wrote: From: Donald C. Strimbeck <dcsoinks(a)comcast.net> Subject: Fw: COG Digest, Vol 10, Issue 134 To: "Werner Loehlein" <werner.c.loehlein(a)usace.army.mil>, "Tom Mroz" <THOMAS.MROZ(a)NETL.DOE.GOV>, "Tom Konchesky" <scmayor(a)comcast.net>, "Steve Garvin" <SGarvin194(a)aol.com>, "Skip Pratt" <Skip.Pratt(a)eg.netl.doe.gov>, "Shanda Minney" <sminney(a)wvrivers.org>, "Scott Mandirola" <Scott.G.(a)yahoo.com> Date: Sunday, December 27, 2009, 11:47 AM 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 ----- Original Message ----- From: "Donald C. Strimbeck" <dcsoinks(a)comcast.net> To: Sent: Sunday, December 27, 2009 11:45 AM Subject: Fw: COG Digest, Vol 10, Issue 134 > News item of interest to those of us in Mon river watershed. > > 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 > > ----- Original Message ----- > From: <cog-request(a)lists.earthworksaction.org> > To: <cog(a)lists.earthworksaction.org> > Sent: Sunday, December 27, 2009 10:26 AM > Subject: COG Digest, Vol 10, Issue 134 > > >> Send COG mailing list submissions to >> cog(a)lists.earthworksaction.org >> >> To subscribe or unsubscribe via the World Wide Web, visit >> http://lists.earthworksaction.org/mailman/listinfo/cog_lists.earthworksacti… >> >> or, via email, send a message with subject or body 'help' to >> cog-request(a)lists.earthworksaction.org >> >> You can reach the person managing the list at >> cog-owner(a)lists.earthworksaction.org >> >> When replying, please edit your Subject line so it is more specific >> than "Re: Contents of COG digest..." >> >> >> Today's Topics: >> >> 1. Lustgarten: Junk stays in ground! (scobies) >> >> >> ---------------------------------------------------------------------- >> >> Message: 1 >> Date: Sun, 27 Dec 2009 10:52:07 -0500 >> From: scobies <scobies(a)frontiernet.net> >> Subject: [COG] Lustgarten: Junk stays in ground! >> To: cog(a)lists.earthworksaction.org >> Message-ID: <93D2336B-F2D4-42C6-B83B-310304B3BA87(a)frontiernet.net> >> Content-Type: text/plain; charset="windows-1252"; Format="flowed"; >> DelSp="yes" >> >> Relates directly to the original rationale for the Halliburton >> exemption. Powerful quotes from industry. >> >> NYStan >> Stan Scobie, Binghamton, NY <scobies(a)frontiernet.net> >> ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ >> >> http://www.politico.com/news/stories/1209/30978_Page3.html >> >> New gas wells leave more chemicals in ground >> By: Abrahm Lustgarten - ProPublica >> December 27, 2009 07:11 AM EST >> >> For more than a decade the energy industry has steadfastly argued >> before courts, Congress and the public that the federal law >> protecting drinking water should not be applied to hydraulic >> fracturing, the industrial process that is essential to extracting >> the nation?s vast natural gas reserves. In 2005 Congress, persuaded, >> passed a law prohibiting such regulation. >> >> Now an important part of that argument ? that most of the millions of >> gallons of toxic chemicals that drillers inject underground are >> removed for safe disposal, and are not permanently discarded inside >> the earth ? does not apply to drilling in many of the nation?s >> booming new gas fields. >> >> Three company spokesmen and a regulatory official said in separate >> interviews with ProPublica that as much as 85 percent of the fluids >> used during hydraulic fracturing is being left underground after >> wells are drilled in the Marcellus Shale, the massive gas deposit >> that stretches from New York to Tennessee. >> >> That means that for each modern gas well drilled in the Marcellus and >> places like it, more than three million gallons of chemically tainted >> wastewater could be left in the ground forever. Drilling companies >> say that chemicals make up less than 1 percent of that fluid. But by >> volume, those chemicals alone still amount to 34,000 gallons in a >> typical well. >> >> These disclosures raise new questions about why the Safe Drinking >> Water Act, the federal law that regulates fluids injected underground >> so they don?t contaminate drinking water aquifers, should not apply >> to hydraulic fracturing, and whether the thinking behind Congress? >> 2005 vote to shield drilling from regulation is still valid. >> >> When lawmakers approved that exemption it was generally accepted that >> only about 30 percent of the fluids stayed in the ground. At the >> time, fracturing was also used in far fewer wells than it is today >> and required far less fluid. Ninety percent of the nation?s wells now >> rely on the process, which is widely credited for making it >> financially feasible to tap into the Marcellus Shale and other new >> gas deposits. >> >> Congress is considering a bill that would repeal the exemption, and >> has directed the Environmental Protection Agency to undertake a fresh >> study of how hydraulic fracturing may affect drinking water supplies. >> But the government faces stiff pressure from the energy industry to >> maintain the status quo ? in which gas drilling is regulated state by >> state ? as companies race to exploit the nation?s vast shale deposits >> and meet the growing demand for cleaner fuel. Just this month, Exxon >> announced it would spend some $31 billion to buy XTO Energy, a >> company that controls substantial gas reserves in the Marcellus ? but >> only on the condition that Congress doesn?t enact laws on fracturing >> that make drilling ?commercially impracticable.? >> >> The realization that most of the chemicals and fluids injected >> underground remain there could stoke the debate further, especially >> since it contradicts the industry?s long-standing message that only a >> small proportion of the fluids is left behind at most wells. >> >> But while the message has not changed, the drilling has. >> >> In the nation?s largest and most important natural gas fields, far >> more chemicals are being used today than when Congress and the EPA >> last visited the fracturing issue, and far more of those fluids are >> remaining underground. Drilling companies say that as they?ve drilled >> in the Marcellus they?ve discovered that the shale rock ? which is >> similar to many of the nation?s largest natural gas projects in >> Louisiana, Texas and several other states ? holds more fluids than >> they expected. >> >> During hydraulic fracturing, drillers use combinations of some of the >> 260 chemical additives associated with the process, plus large >> amounts of water and sand, to break rock and release gas. Benzene and >> formaldehyde, both known carcinogens, are among the substances that >> are commonly found. >> >> >> If another industry proposed injecting chemicals ? or even salt water >> ? underground for disposal, the EPA would require it to conduct a >> geological study to make sure the ground can hold those fluids >> without leaking and to follow construction standards when building >> the well. In some cases the EPA would also establish a monitoring >> system to track what happens as the well ages. >> >> But because hydraulic fracturing is exempt from the Safe Drinking >> Water Act, it doesn?t necessarily have to conform to these federal >> standards. Instead, oversight of the drilling chemicals and the >> injection process has been left solely to the states, some of which >> regulate parts of the process while others do not. >> >> As the industry was lobbying Congress for that exemption ? and ever >> since ? the notion that most fluids would not be left underground >> continued to emerge as a recurring theme put forth by everyone from >> attorneys for Halliburton, which developed the fracturing process and >> is one of the leading drilling service companies, to government >> researchers and regulators. >> >> ?Hydraulic fracturing is fundamentally different,? wrote Mike Paque, >> director of the Ground Water Protection Council, an association of >> state oil and gas regulators, to Senate staff in a 2002 letter >> advocating for the exemption, ?because it is part of the well >> completion process, does not ?dispose of fluids? and is of short >> duration, with most of the fluids being immediately recovered.? >> >> The Ground Water Protection Council did not respond to a request for >> further comment. >> >> EPA officials maintained in 2005, and say now, that the volume of >> fluids left underground had little to do with its opinion that >> hydraulic fracturing for gas wells is not the same as underground >> injection. They say that distinction is because the primary function >> of the two types of wells is different: Gas wells are for production >> processes, while most EPA-regulated underground injection wells are >> intended for storage. >> >> But Stephen Heare, director of the EPA?s Drinking Water Protection >> Division in Washington, said that both the circumstances and the >> drilling technology have evolved. When asked to explain how hydraulic >> fracturing today is different from other forms of underground >> injection, he said the bottom line was simple: >> >> ?If you are emplacing fluid, it does not matter whether you are >> recovering 30 percent or 65 percent of it, if you are emplacing >> fluids that is underground injection,? Heare said. ?The simple >> explanation for why hydraulic fracturing is different from other >> injection activities,? he added, is that hydraulic fracturing ?is >> exempt from regulation under the Safe Drinking Water Act.? >> >> The argument that fracturing should not be regulated by the EPA >> became prominent in the 1990s, after the EPA said that fracturing lay >> outside the scope of the Safe Drinking Water Act, because the primary >> purpose of gas wells was energy production, not fluid disposal. >> >> A 1997 Alabama lawsuit challenged that position, and the 11th Circuit >> Court of Appeals ruled against the EPA. >> >> In that decision, the judges wrote that "According to the state >> agency, hydraulic fracturing is not underground injection because it >> does not result in permanent subsurface ?emplacement? of the fluids, >> as these fluids are pumped out of the ground before methane gas is >> extracted out of the well." But the judges called that assertion >> ?untenable? and ordered the EPA to regulate fracturing in Alabama >> under the Safe Drinking Water Act. They also ordered the EPA to more >> clearly define fracturing as a type of underground injection, a move >> that could have paved the way for regulation in other states as well. >> >> But in 2005, before such regulation could happen, Congress stepped in >> and gave hydraulic fracturing its special exemption from the Safe >> Drinking Water Act. >> >> When Congress voted for the exemption it referred to a 2004 EPA >> report, which concluded that fracturing did not pose a threat to >> drinking water. That report, which has since been criticized as >> incomplete, said that while some of the fracturing fluids remained >> underground, ?Most of the fracturing fluids injected into the >> formation are pumped back out of the well along with groundwater and >> methane gas." >> >> >> Lee Fuller, vice president of government affairs for the Independent >> Petroleum Association of America, said that the emphasis on >> wastewater removal was made to help legislators understand how >> fracturing was different from underground injection, but that those >> legislators also knew that much of the water stayed underground when >> they voted for the exemption. >> >> ?The EPA study said there was a certain amount of the water that does >> stay in the fractured formation. That information was known,? he >> said, adding that more of the water may seep out over the lifespan of >> the well. ?So I think there was an understanding of it on the part of >> the proponents of the proposal.? >> >> In the 2004 report, the EPA said as much as 59 percent of fracturing >> fluids can remain underground. A 2009 Department of Energy report >> titled Modern Shale Gas put that figure at 30 to 70 percent, but >> emphasized that most wells fall into the lower end of that range, >> explaining that "The majority of fracturing fluid is recovered in a >> matter of several hours to a couple of weeks." >> >> Just six months ago that point was reiterated in testimony before the >> House Committee on Natural Resources, when the Interstate Oil and Gas >> Compact Commission repeated a statement that former Alabama state >> geologist Donald Oltz made in the 1997 Alabama court case: "Almost >> all hydraulic fracturing fluid is recovered to the surface after a >> hydraulic fracturing operation." >> >> That statement contrasts sharply with the latest reports from regions >> where gas drilling is on the upswing. >> >> Spokesmen for Cabot Oil and Gas, Range Resources and Fortuna Energy ? >> three of the most active companies developing gas resources in the >> Marcellus Shale ? say >> that more water is trapped underground in newer drilling areas >> because the ?tight shale? that is loath to give up the gas is likely >> to hold onto the fluids too. >> >> ?It?s not like you pump a volume of water into the frack and then it >> gives you that volume back,? said Ken Komoroski, a spokesman for >> Cabot Oil and Gas, who says only 15 to 20 percent of the fluid comes >> back out. ?Most of the water and sand stays in the formation compared >> to in other geologic formations.? >> >> Gas industry officials say the amount of fluids they leave behind in >> their wells should have no bearing on whether hydraulic fracturing is >> or is not regulated by the federal government. What?s important is >> managing the risk, says the Independent Petroleum Associations? Lee >> Fuller, a job he says the industry is doing very well without >> additional oversight. >> >> ?You are wrapping yourself around a distinction of whether something >> should or should not be regulated under the Safe Drinking Water Act >> as opposed to whether something does or does not pose an >> environmental risk,? said Fuller, who asserts that despite numerous >> reports of contamination in drilling areas, the fracturing process >> has never been conclusively proven to be the cause. >> >> Regulation, Fuller said, ?may shut down natural gas drilling for a >> long time, but it is not going to make the environment any better.? >> >> It will fall to Congress ? and then to the EPA ? to decide whether >> that is truly the case. Sponsors of the Frack Act hope for a vote >> this spring. If it passes, and if the EPA finds reason to change the >> conclusions it reached in 2004, the agency would then have to decide >> exactly how fracturing will be addressed by the Safe Drinking Water Act. >> >> ?The thinking we did then, the study that we did then, we were really >> looking at a different set of circumstances,? said Heare, the EPA?s >> Drinking Water Protection Division director. ?The agency has not >> investigated the impacts of hydraulic fracturing in other settings >> such as shale gas production and at this time is unable to quantify >> the potential threat.? >> >> ProPublica is an independent, nonprofit newsroom that produces >> investigative journalism in the public interest. For more stories on >> natural gas drilling, go to propublica.org/naturalgas. >> >> ? 2009 Capitol News Company, LLC >> >> >> >>

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Comments on proposed Air permit modification for Longview
by James Kotcon 24 Dec '09

24 Dec '09

Attached is a draft of comments I offer regarding the proposed air permit modification for Longview Power. As you may recall, Longview originally agreed to acquire SO2 emissions offsets from an area within ~100 miles of Dolly Sods in order to offset the impact their plant would have on acid rain in Class I Areas. Longview has had difficulty acquiring the needed offsets and now is seeking to expand the area to include plants to the west of the original area. Our policy optons are: 1) Do Nothing. We signed a settlement agreement to not oppose the opriginal air permit, although we did include public notification requirements just in case something like this came up. If Longview proposed a change, do we violate our Settlement by asking for something different? Does this jeopardize the mitigation funding for the non-profit we are setting up? 2) Ask for further offsets, but do not oppose the permit modification altogether. This is a relatively minor permit modification for WV-DEP, so it seems unlikely to get denied, and a request for additional offsets is about as much as I think we can get from this. 3) Oppose a permit modification altogether. If Longview can't find the offsets they need, they don't have to operate the plant. I am still not convinced that Longview has made a serious effort to secure those offsets from Alleghny or Dominion, which is why I suggested that WV-DEP needs firm evidence of Longview's eforts and their complete inability to acquire the offsets. I think that Longview is a bunch of cheapskates and will do anything to save a buck. Let me know what you think. I would like to get a response out to DEP before Jan. 1 Jim Kotcon 304-293-8822 (office) 304-594-3322 (home)

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Fwd: [GW-ACT-LEADERS] Fw: Friedman: The Copenhagen That Matters
by James Kotcon 23 Dec '09

23 Dec '09

Definitely worth a read. Why not West Virginia? JBK >>> Ron McLinden <ronmclinden(a)YAHOO.COM> 12/23/2009 1:13 PM >>> OPINION | December 23, 2009 The Copenhagen That Matters By THOMAS L. FRIEDMAN The climate summit may not have solved our problems, but we can't ignore the issues - or how individual countries, like Denmark, have effectively addressed them. http://www.nytimes.com/2009/12/23/opinion/23friedman.html?emc=eta1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-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/

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Fw: [CCL] Wall St. Journal: Sierra Club's Pro-Gas Dilemma
by Jim Sconyers 23 Dec '09

23 Dec '09

Our own Beth Little quoted in the WSJ! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 12/21/09, Rachel Treichler <rachel(a)ecobooks.com> wrote: From: Rachel Treichler <rachel(a)ecobooks.com> Subject: [CCL] Wall St. Journal: Sierra Club's Pro-Gas Dilemma To: CCL-DELEGATES(a)LISTS.SIERRACLUB.ORG Date: Monday, December 21, 2009, 10:14 AM Sierra Club's Pro-Gas Dilemma National Group's Stance Angers On-the-Ground Environmentalists in Several States Wall Street Journal, Dec. 21, 2009 http://online.wsj.com/article_email/SB126135534799299475-lMyQjAxMDI5NjIxMTM… By BEN CASSELMAN LIVERPOOL, N.Y. -- When energy companies began preparations to drill for natural gas in upstate New York last year, the local Sierra Club quickly organized against them. The group's New York chapter demanded studies on the environmental risks, pushed for stricter regulations and called for a statewide ban on most gas drilling. The drilling hasn't begun as the state works to develop regulations. It would have been a typical story of environmentalists battling industry, except for one thing: The national Sierra Club is one of natural gas's biggest boosters. Carl Pope, the Sierra Club's executive director, has traveled the country promoting natural gas's environmental benefits, sometimes alongside Aubrey McClendon, chief executive of Chesapeake Energy Corp., one of the biggest U.S. gas companies by production. The national group's pro-gas stance has angered on-the-ground environmentalists in several states who say their concerns are being marginalized. "It makes us look like the extremists that the industry wants to call us anyway," said Beth Little, a board member of the Sierra Club's West Virginia chapter, which is more skeptical about drilling than the national organization. The rift in the Sierra Club, one of the country's oldest and most prominent conservation groups, highlights deep divisions in the broader environmental community over natural gas. And pressure from local activists is forcing some major environmental groups to revisit their positions on drilling. Some activists, such as Mr. Pope, believe increased drilling -- with appropriate safeguards -- is the best way to wean the U.S. off coal, which they see as the greater environmental threat. Others, many of them in areas affected by drilling, see potential risks -- air pollution, increased water use and soil and water contamination -- as too high. "It's been an at-times rancorous debate in the environmental community," said Bruce Baizel, an attorney for Earthworks, a national environmental group focused on energy issues. That debate will likely grow more heated following Exxon Mobil Corp.'s announcement last week that it is buying XTO Energy Inc. The deal will make Exxon, already a significant target of environmentalists, into the country's biggest natural-gas producer. The industry has made the environmental benefits of gas a centerpiece of an $80 million lobbying effort that aims to promote increased use of gas to generate electricity and fuel cars and trucks. Burning natural gas releases about half as much carbon dioxide as burning coal to produce the same amount of energy and also emits far fewer smog-causing gases such as nitrogen oxide. National groups such as the Sierra Club, the Environmental Defense Fund and the Natural Resources Defense Council have backed natural gas as a so-called bridge fuel that can help the country move away from coal and oil without waiting for renewable sources of energy, such as wind and solar power, to catch up. The support of environmental groups has helped the industry win key backers in Congress, where a bipartisan "Congressional Natural Gas Caucus" formed this year. But local opposition presents a challenge to the coalition. Grassroots groups have sprung up across the country to raise environmental concerns, particularly about the alleged risk of drinking-water contamination from hydraulic fracturing, a process in which large volumes of chemical-laced water are injected down wells to release gas trapped in underground rock formations. Companies say that their drilling practices, including hydraulic fracturing, are safe, and that existing regulations are sufficient. There have been few independent studies to assess how widespread problems are. "There are legitimate questions, and they can be answered legitimately," said Mr. McClendon, Chesapeake's CEO. "I feel we're on the right side of history here." The pressure from local environmentalists appears to be having an impact. The Natural Resources Defense Council is now pushing for stricter regulation of drilling, the Environmental Defense Fund is working with companies to encourage them to adopt stronger environmental safeguards, and the Sierra Club has formed a task force to draft a policy on hydraulic fracturing. James Marston, director of the Environmental Defense Fund's energy program, said the pros and cons of increased natural-gas use have turned out to be "more complicated than some of the early reports" indicated. Concern appears to be growing in Congress, too, about the environmental impact of drilling. A House bill to regulate hydraulic fracturing has drawn 49 co-sponsors, and a companion bill has been introduced in the Senate. Exxon is sufficiently concerned about the legislation that its merger agreement with XTO allows the company to back out of the deal if Congress makes hydraulic fracturing illegal or "commercially impracticable." The grassroots opposition the industry faces was on display here on a recent Tuesday afternoon, when more than 50 people filled the community room of the public library in this town of 2,500 just outside of Syracuse, N.Y. As local environmental leaders talked about the thousands of acres of local land that had been leased for drilling, Syracuse resident Larry Paul shook his head. "I don't trust the industry," Mr. Paul said after the meeting. "This is a disaster waiting to happen." Still, Mr. Pope, of the national Sierra Club, said many of the same people who complain about drilling are using oil, gas and coal produced elsewhere -- often at a greater environmental cost. "Will the 20% of the membership that happens to live in places where drilling is happening be unhappy?" he asked. "I'm sure that's true." Write to Ben Casselman at ben.casselman(a)wsj.com Printed in The Wall Street Journal, page A3 Copyright 2009 Dow Jones & Company, Inc. All Rights Reserved - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CCL-DELEGATES list, send any message to: CCL-DELEGATES-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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Fwd: Comments on Mingo CTL plant
by James Kotcon 21 Dec '09

21 Dec '09

To the Energy Committee: Attached are the comments submitted on behalf of the Club for the TransGas Coal-To-Liquids air permit last Friday. While I put some time into this, we also got a substantial amount of help from National Sierra Club and a couple experts they retained, and these comments would not have been anywhere near as extensive without them. Our first major issue is that TransGas and WV-DEP have significantly underestimated the pollution emissions as part of an effort to have this plant be permitted as a "minor" source. As such, the applicant is attempting to avoid a lot of pollution modeling requirements, BACT analyses, and many other permitting requirements under the Clean Air Act. Thus, the bulk of the comments identify the numerous emissions sources that were ignored or underestimated by WV-DEP. The second big issue is that the applicant has not proposed any controls or limits on greenhouse gas emissions. While West Virginia does not currently have an emissions standard for greenhouse gases, we argued that they have an obligation to impose limits based on their broad responsibility to protect the public welfare. There are also numerous other issues with monitoring, enforceability, and "confidential business information". This is a great read for policy wonks or simply for educational purposes. I am grateful to Elena and all the support from National on this issue. Jim Kotcon >>> Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> 12/18/2009 7:33 PM >>> This is a corrected version of what we sent yesterday; I sent an errata sheet to DEP earlier today. I am not attaching the Exhibits, but would be happy to provide them to anyone who wants them. Elena Saxonhouse Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (fax)

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[WVaPATH] FW: Path-vA PUE-2009-00043
by James Kotcon 21 Dec '09

21 Dec '09

PATH, LLC filed these motions in Virginia to withdraw their application. They now want to re-file a new set of applications in all three states (early in 2010) to "coordinate the schedule among all three states". I don't think anyone thinks this is over, so we need to take advantage of this time to lobby the Legislature. JBK >>> Patience Wait <pwaitster(a)gmail.com> 12/21/2009 12:31 PM >>> BIG NEWS out of Virginia today! And the PATH application supposedly was filed in MD today, but I haven't found it yet. ---------- Forwarded message ---------- From: Bri West <bwest(a)pecva.org> Date: Mon, Dec 21, 2009 at 12:01 PM Subject: FW: Path-vA PUE-2009-00043 To: Patience Wait <pwaitster(a)gmail.com> Two motions filed today. __._,_.___ 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 Parenting Zone: Your community resource for family and home Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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FW: [wvec-board] Fwd: Rare Earth PBS report
by Grubb, Karen 15 Dec '09

15 Dec '09

Other problems with green industry. From: wvec-board(a)yahoogroups.com [mailto:wvec-board@yahoogroups.com] On Behalf Of larryvthomas(a)aol.com Sent: Tuesday, December 15, 2009 8:19 PM To: wvhcboard(a)yahoogroups.com; wvec-board(a)yahoogroups.com Subject: [wvec-board] Fwd: Rare Earth PBS report Last evening, PBS Newshour did a report on rare earth production in China and its relationship to the environment. The report can be viewed at http://www.pbs.org/newshour/bb/asia/july-dec09/china_12-14.html and the transcript is included below. Eye opener. PBS NEWSHOUR REPORT AIR DATE Dec. 14, 2009 Are Rare Earth Minerals Too Costly for the Environment? LINDSEY HILSUM: It doesn't look very green. Rare earth processing in China is a messy, dangerous, polluting business. It uses toxic chemicals, acids, sulfates, ammonia. The workers have little or no protection. But, without rare earth, Copenhagen means nothing. You buy a Prius hybrid car and think you're saving the planet. But each motor contains a kilo of neodymium and each battery more than 10 kilos of lanthanum, rare earth elements from China. Green campaigners love wind turbines, but the permanent magnets used to manufacture a 3-megawatt turbine contain some two tons of rare earth. The head of China's Rare Earth Research Institute shows me one of those permanent magnets. He's well aware of the issues. ZHAO ZENGQI, Baotou Rare Earth Research Institute: The environmental problems include air emissions with harmful elements, such as fluorine and sulfur, wastewater that contains excessive acid, and radioactive materials, too. China meets 95 percent of the world's demand for rare earth, and most of the separation and extraction is done here. So, the pollution stays in China, too. LINDSEY HILSUM: The authorities gave us a DVD of Baiyunebo in Inner Mongolia, where most of the world's rare earth is mined, along with iron ore. They wouldn't let us film it ourselves. But at Baotou, 100 miles away, we found the frozen tailing lake where rare earth mixes with mud, waiting for processing at nearby factories. Technologies we all use, like computers, mobile phones and energy-saving light bulbs use rare earths processed here. And local villagers whose farmland has been ruined by seepage from the lake pay the price. WANG CUN GUANG, farmer: The Baotou Environmental Protection Bureau tested our water, and they concluded that it wasn't fit for people or animals to drink or for irrigation. LINDSEY HILSUM: For those who remember the old life, it's hard to understand. The authorities pay compensation, acknowledging that the land has been ruined, but they haven't yet relocated the villagers. JIA BAO CHENG, farmer: Rare earth is the country's resource, but small people like us need to eat, too. We live on farming, but the crops no longer grow, and we will go hungry. LINDSEY HILSUM: At a rare earth conference in Hong Kong, the talk is of how to reduce dependence on China, which achieved 95 percent dominance by undercutting other producers. MARK SMITH, CEO, Molycorp Minerals: If the purpose is to lower our dependence on foreign oil, and all We're doing is asking that we put hybrid cars on the road that need Chinese rare earth materials, aren't we changing, you know, inter-trading one dependence for another? LINDSEY HILSUM: High on the frozen steppe of Inner Mongolia, a huge wind farm. China is aiming to be the world leader in wind energy. Chinese negotiators at Copenhagen may resist political commitments, but the government is already subsidizing new technologies to boost the economy and be sustainable. Deal or no deal at Copenhagen, there's going to be an increased demand for wind turbines, both inside China and outside. But what the Chinese want to ensure is that they're not just providing the essential raw materials, the rare earths, and doing the manufacturing, but that they also have access to the most advanced low-carbon technologies. We were shown plans for what they're calling the Silicon Valley of rare earth, a high-tech industrial park in Baotou to attract international investors. This year, there was an outcry when the Chinese said they would restrict the export of rare earth to conserve their supply, and to make foreign companies produce their high-end technologies here in China. ZHAO ZENGQI: Although China has the largest reserves, we only have 50 percent of global deposits. We are supplying too much rare earth, and it's not sustainable, so we must restrict export. LINDSEY HILSUM: The writing on the wall says: Become the leader of the world in rare earth industry. But China can't produce enough for everyone anymore, and if governments are serious about low-carbon technologies, other countries will have to start producing. MARK SMITH: I think that, if we don't get a couple of projects up and running very, very quickly, there's going to be very severe shortage of rare earths in the world, and all of these clean-energy technologies that we're legislating and trying to implement through policy changes are not going to be possible. LINDSEY HILSUM: Champions of a low-carbon future have yet to wake up to the environmental price Chinese workers and villagers are paying. At Copenhagen, politicians talk of cutting carbon emissions, but they can't meet any targets without rare earth, and that means a sustainable supply, and not all from China. __._,_.___ Reply to sender <mailto:larryvthomas@aol.com?subject=Fwd:%20Rare%20Earth%20PBS%20report> | Reply to group <mailto:wvec-board@yahoogroups.com?subject=Fwd:%20Rare%20Earth%20PBS%20r eport> Messages in this topic <http://groups.yahoo.com/group/wvec-board/message/1241;_ylc=X3oDMTM1dm45 dWJjBF9TAzk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRtc2dJ ZAMxMjQxBHNlYwNmdHIEc2xrA3Z0cGMEc3RpbWUDMTI2MDkyNjQwMgR0cGNJZAMxMjQx> (1) Recent Activity: Visit Your Group <http://groups.yahoo.com/group/wvec-board;_ylc=X3oDMTJmYzhuN3NuBF9TAzk3M zU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDdnRsBHNsawN2Z 2hwBHN0aW1lAzEyNjA5MjY0MDI-> Start a New Topic <http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmMWt2cTQwBF9T Azk3MzU5NzE0BGdycElkAzIxNTg0MDQxBGdycHNwSWQDMTcwNTM2NTM5MgRzZWMDZnRyBHNs awNudHBjBHN0aW1lAzEyNjA5MjY0MDI-> . Web Bug from http://geo.yahoo.com/serv?s=97359714/grpId=21584041/grpspId=1705365392/m sgId=1241/stime=1260926402/nc1=3848614/nc2=5170420/nc3=5807836<http://ww w.mailscanner.tv/1x1spacer.gif> __,_._,___

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gas
by Jim Sconyers 14 Dec '09

14 Dec '09

Exxon buys XTO - all over NPR - because of XTO's place in gas market - fracking mentioned in passing, mostly as how it makes more gas available Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Fwd: OSM Announces Opportunity to Comment on Options for Revisions to Stream Buffer Zone and Relate
by James Kotcon 11 Dec '09

11 Dec '09

Does anyone know if someone from the Club is fling comments on this? We are nearly a third of the way through tthe comment period, and it would be good to know someone is on top of this. JBK ---------- Forwarded message ---------- From: Buckley, Richard W. "Rick" <rbuckley(a)osmre.gov> Date: Wed, Dec 9, 2009 at 5:49 PM Subject: OSM Announces Opportunity to Comment on Options for Revisions to Stream Buffer Zone and Related Rules To: "danny(a)seac.org" <danny(a)seac.org> Subject: OSM Announces Opportunity to Comment on Options for Revisions to Stream Buffer Zone and Related Rules On November 30, 2009, OSM announced the publication in the Federal Register of an advance notice of proposed rulemaking requesting comment on alternatives for revising the stream buffer zone rule and other rules related to protection of streams. The stream buffer zone rule determines under what circumstances coal mining may be conducted in or within 100 feet of a perennial or intermittent stream. This proposed rulemaking reflects commitments contained in a June 11, 2009, memorandum of understanding (MOU) among the Department of the Interior, the Environmental Protection Agency, and the Army Corps of Engineers to reduce the harmful environmental consequences of Appalachian surface coal mining. The MOU identifies the stream buffer zone rule and our regulations concerning approximate original contour as two rules that we will consider revising. In the notice, we describe options that we are considering for revision of the stream buffer zone rule and other related rules. We invite you to comment on those options, to suggest other options, and to identify other provisions of our regulations that should be revised to better protect the environment and the public from the impacts of surface coal mining nationwide. Until rulemaking is completed, OSM has institutedImmediate Stream Protection Measures ( http://www.osmre.gov/guidance/docs/StreamProtectionMeasures.pdf )to protect streams. OSM is seeking comments on the proposed rulemaking. Interested persons may submit comments through the Federal e-Rulemaking Portal: www.regulations.gov ( http://www.regulations.gov/ )under the Docket ID: OSM-2009-0009. The public may also submit comments by mail or courier addressed to: Administrative Record (MS 252), Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue NW, Washington, DC 20240. Please include the Docket ID with all comments sent my mail or courier. The comment period closes on December 30, 2009.

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Developing wind power not easy task
by Frank Young 11 Dec '09

11 Dec '09

Friday December 11, 2009 Developing wind power not easy task by George Hohmann Daily Mail Business Editor http://www.dailymail.com/Business/200912100805 CHARLESTON, W.Va. -- West Virginia is the third-largest producer of wind power in the eastern United States, but as a judicial decision in Maryland this week shows, developing the resource isn't easy. New York is the leading wind energy producer in the East. As of April 30 New York had 1,274 megawatts of installed capacity, followed by Pennsylvania with 366 megawatts and West Virginia with 330 megawatts, according to the U.S. Department of Energy's National Renewable Energy Laboratory. Two wind projects are currently operating in West Virginia - the 66-megawatt Mountaineer Project in Tucker and Preston counties, which went online in December 2002, and the 264-megawatt Mount Storm Project in Grant County, which was completed in August 2008. Construction of a third project, the 100.5-megawatt Beech Ridge Wind Farm in Greenbrier County, began earlier this year. But the $300 million project was dealt a setback on Tuesday when U.S. District Judge Roger Titus halted it, citing potential harm to the federally endangered Indiana bat. Titus ordered the project halted until Beech Ridge and Invenergy, its corporate parent, obtain a permit from the U.S. Fish and Wildlife Service. Titus also said the company cannot operate any of the project's 40 existing turbines between April 1 and Nov. 15, when the bats are migrating. The project is designed to have a total of 122 turbines stretching over 23 miles. John Stroud, co-chairman of Mountain Communities for Responsible Energy, one of the environmental groups that filed the lawsuit, told The Associated Press that group members were "really delighted with the ruling." Invenergy attorney Joe Condo said the company "continues to be committed to the Beech Ridge project." He said the company will seek the permit and is "very optimistic that the permit will be granted and the project can reach its full potential." Matt Turner, Gov. Joe Manchin's communications director, was asked on Wednesday if the governor had a comment on Judge Titus' ruling. "Considering everything we've been hearing lately, the Governor said it does not surprise him, and it seems we're seeing more obstacles toward things that seem to make sense," Turner said. "Obviously, this could have tremendous impact on wind power generation and highlights the difficulty in meeting our energy needs and balancing environmental repercussions, a complexity that's often not understood." Manchin, speaking Tuesday at his annual Energy Summit at Stonewall Resort, said, "We're looking at everything we can to enhance the development of wind power and siting on mountaintop removal sites." He urged summit attendees interested in such projects to contact him. The law firm Jackson Kelly has been a part of almost every wind power case that has come before the West Virginia Public Service Commission, which regulates wind farms. Rob Alsop, a member of the firm's Charleston office, was a featured speaker at the Energy Summit. In his presentation, Alsop said the Public Service Commission must engage in a balancing test of many issues that takes into account the public, state and local economy and interests and the interests of the applicant before determining whether a wind power project can proceed. The regulatory environment is not hostile but "I will say it is a thorough process," he said. To gain approval Alsop said a project must submit a five-mile map and aerial photography; a view shed study; avian and bat studies; a noise study; traffic studies; an architectural study; an archaeological study; a hydrological study; wetlands delineation; an economic impact study; and a rare, threatened and endangered species study. The avian and bat studies are about a yearlong process that involves the U.S. Fish and Wildlife Service, he said. For a view shed study "you've got to go out about 20 miles and there are a lot of view sites." In addition to the Mountaineer, Mount Storm and Beech Ridge projects, Alsop said the following projects are in various stages of approval: * AES Laurel Mountain, a proposed 65-turbine, 1.5-megawatt wind farm on Laurel Mountain in Barbour and Randolph counties. In June the state Supreme Court refused to interfere with the state Public Service Commission's decision to authorize the project. * AES New Creek, a proposed 66-turbine, $308 million project on New Creek Mountain in Grant County. The state Public Service Commission approved the project in October but said AES must complete an endangered-species study, among other actions, before proceeding. * Pinnacle Wind Farm at Newpage, Mineral County. The proposed project would have 23 wind turbines. It is awaiting a decision of the state Public Service Commission. Alsop said, "There's every reason to think that West Virginia will continue to be a wind power player." He noted that: * The West Virginia Wind Working Group continues to meet. The group's objective is to promote the development of wind energy for the benefit of West Virginia. * There are entities that continue to research potential wind farm sites in the state. * The Eastern West Virginia Community and Technical College is developing courses to train wind-energy technicians. Contact writer George Hohmann at busin...(a)dailymail.com or 304-348-4836.

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Fwd: [WVUSSC] Still More Media Coverage!!!
by James Kotcon 10 Dec '09

10 Dec '09

>>> "Joseph A. Gorman" <joe.madpj7(a)gmail.com> 12/10/2009 1:53 AM >>> Google shows THREE HUNDRED AND NINETY FIVE newspapers, TV stations and other news sources carried the stories by Ken Ward (Coal Tattoo blog), Jeff Biggers (Grist), Tim Huber (AP Charleston) and Vikki Smith (AP Morgantown) online! And they're still comin' in. Here's an annotated list of who picked up the wire: West Virginia: Charleston Gazette, Charleston Daily Mail, Beckley Register-Herald, Huntington Herald-Dispatch, Morgantown High School Maryland: WJZ 13 Baltimore Virginia: NBC 12 Richmond, Hampton Roads Virginian-Pilot, Hampton Roads Daily Press, Strasburg Northern Virginia Daily, Lynchburg News Advance Kentucky: Lexington Herald-Leader Ohio: WTOL 11 Toledo, Akron News Now, NBC 4 Columbus, Cambridge Daily Jeffersonian, Ravenna Record-Courier, Defiance Crescent-News, Wooster Daily Record, Akron Beacon Journal, Alliance Review (All we're missing is Pennsylvania and we'll have all our neighboring states!) National/Regional: Grist, OVEC, Mountain Justice, SSC International (from Copenhagen!), PowerShift09/Energy Action Coalition, The Examiner, Rank Exploits, Green Planet Search Other: Vivelo Hoy (Chicago/LA Spanish-language news), Cache Valley Daily (Utah), Earth Island Institute (California), Enquirer-Herald (South Carolina), Fort Mill Times (South Carolina), Rockford Register-Star (Illinois) The next time the media gives us a hint on a campaign to do, I say we take it! -Joe -- You received this message because you are subscribed to the Google Groups "SSCWVU" group. To post to this group, send email to sscwvu(a)googlegroups.com. To unsubscribe from this group, send email to sscwvu+unsubscribe(a)googlegroups.com. For more options, visit this group at http://groups.google.com/group/sscwvu?hl=en.

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Fwd: [WVUSSC] Out-of-state Media Covers WVU SSC Petition!
by James Kotcon 10 Dec '09

10 Dec '09

>>> "Joseph A. Gorman" <joe.madpj7(a)gmail.com> 12/9/2009 10:08 PM >>> The story by Morgantown-based AP writer Vicki Smith was picked up in Kentucky: http://www.kentucky.com/471/story/1053549.html Virginia: http://www.dailypress.com/news/virginia/dp-wv--coalexecdonations1209dec09,0… Maryland: http://wjz.com/wireapnewsva/1.000.sign.2.1360082.html and 11 other places. In other news, Massey and Murray energy stocks fell today...more media hits tomorrow :) -Joe -- You received this message because you are subscribed to the Google Groups "SSCWVU" group. To post to this group, send email to sscwvu(a)googlegroups.com. To unsubscribe from this group, send email to sscwvu+unsubscribe(a)googlegroups.com. For more options, visit this group at http://groups.google.com/group/sscwvu?hl=en.

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Fw: POSTPONED: Martinsburg, West Virginia public forum on Chesapeake Bay (tonight, Dec 8 at 7:00 pm)
by Jim Sconyers 08 Dec '09

08 Dec '09

I got this late and was asked to pass it on. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 12/8/09, Piper.Bonnie(a)epamail.epa.gov <Piper.Bonnie(a)epamail.epa.gov> wrote: From: Piper.Bonnie(a)epamail.epa.gov <Piper.Bonnie(a)epamail.epa.gov> Subject: POSTPONED: Martinsburg, West Virginia public forum on Chesapeake Bay (tonight, Dec 8 at 7:00 pm) To: jim_scon(a)yahoo.com, kgrubb(a)fairmontstate.edu, fooce(a)hotmail.com, mariposa_wv1(a)verizon.net, sallywilts(a)yahoo.com, freesource(a)cheat.org, william.depaulo(a)gmail.com, mikeprice54(a)suddenlink.net, reginahendrix999(a)gmail.com, pjgrunt(a)gmail.com, celliot2(a)comcast.netgregg, bhaddaka(a)yahoo.com, edon1985(a)comcast.net, jkotcon(a)wvu.edu, sallywilts(a)yahoo.com, mdavis(a)wvu.edu, ATDK(a)aol.com, sandra.cress(a)gmail.com, kmfrederico(a)atlanticbb.net, regina1936(a)verizon.net, jkotcon(a)wvu.edu, blittle(a)citynet.net, mikeprice54(a)suddenlink.net, bill.price(a)sierraclub.org Date: Tuesday, December 8, 2009, 3:48 PM Dear West Virginia Sierra Club members: Due to the forecast for winter weather (snow, sleet and ice) in West Virginia, western Maryland and northwestern Virginia, and resulting concern for public safety, the public forum on the Chesapeake Bay Executive Order in Martinsburg, WV tonight at 7pm has been postponed. We regret any inconvenience this may cause. Please pass the word on to your members or local citizens who might be planning to attend tonight (or instead on Jan. 5, 2010). The public forum has been rescheduled for Tuesday, January 5 at 7pm at the Holiday Inn Martinsburg at 301 Foxcroft Avenue. On January 5, the public forum will feature officials from multiple federal agencies including the U.S. Environmental Protection Agency, U.S. Department of Agriculture, U.S. Department of the Interior and the National Oceanic and Atmospheric Administration. Public feedback on the draft strategy for the Chesapeake Bay is important and valuable to the federal agencies. Comments may be submitted online at http://executiveorder.chesapeakebay.net by clicking on “provide comments.” The public comment period runs through January 8, 2010. The draft strategy, also available on the website, will evolve through public comments, state consultations and agency revisions before the final strategy is published in May 2010. Please let me know if you have any questions, or feedback about this notice. I appreciate your notifying as many people as you can in your areas. best, Bonnie Bonnie Piper Liaison to Environmental Organizations U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Office: 202 564-7836 Email: piper.bonnie(a)epa.gov

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Re: [EC] Your letter to editor
by Regina Hendrix 06 Dec '09

06 Dec '09

Wendy, sorry to be so long getting back to you. I have been out of town for a while. I do believe the WV Chapter Sierra Club and Ohio Valley Environmental Coalition would be interested in knowing about this. You mention you've been in touch with OVEC and so I will forward this to Chapter Sierra Club members on the Energy Committee. Maybe we could arrange for you to make a presentation to them at an ExCom meeting. Regina Hendrix 304-724-0223 Irongate12(a)aol.com wrote: > Hi Regina, > > Read your letter recently in The Journal. Way to go! Agreed whole > heartedly with you. > > Here in the Eastern Panhandle we have been fighting something similar. > Although our project is not as monumentally devastating as mountaintop > removal, it will ultimately be just as bad, and will impact a much > larger population right off the bat. > > I am talking about the expansive strip mining operation currently > being proposed for North Mountain in Gerrardstown- 12 miles from > Charles Town. Please take a minute to visit our website > www.northmountain.org <http://www.northmountain.org> . > > We could really use some help from knowledgeable environmentalists > like yourself. We have put the company off for almost 2 years, but now > it appears to us, the WV DEP has tinkered around with the permit and > it will be brought for public comment. I have heard of the Ohio > Valley Environmental Coalition. Would your group be willing to lend us > a hand? I think we could have a precedent setting victory here and > break down the door for others to follow on mining in West VA. > > On Monday Nov. 9, 2009 a helicopter with 3 DEP reps landed at the > Continental Brick/North Mountain Shale LLC property. This location is > scenic & historic and highly visible to one of the fastest > growing residential areas in the county. It has been untouched by > mining due to its environmentally sensitive location. My husband > Steve accompanied the officials as they viewed the terrain and he > showed them healthy springs on the mountain, plus damage occurring to > one of our ponds from massive erosion, silt & sediment & unknown > contaminants from their land disturbance activities. They had excuses > for everything or were silent on what they could not possibly defend. > It seems that the reps surmised that “damage” would most likely occur > to the water from the mining operation. Their suggestion was that we > could sue the company – after damage has occurred- and if we could > prove it, we would get new wells (although we would be dealing with a > LLC). > > The above is what the community has been dealing with. There have been > no studies or tests performed that reasonably prove to local residents > here that mining at this sensitive location, on the side of a mountain > will not effect our water. All rational people know full well that the > safety and quantity of our water will be adversely effected. Our > local county commissioners unanimously signed a resolution in > opposition to the location. We have a petition signed by over 3000 > citizens. > > We are in the Chesapeake Bay Watershed and still WV thinks it is okay > to allow this project with the resultant stormwater drainage & runoff. > There is so much wild life on the mountain that will be displaced. An > expansive quarry on the side of a mountain does not make sense. Since > we are located 1 hour from Washington DC, I was hoping we could get > someone who could see that this location is inappropriate and intervene. > > It is a sad commentary that WV residents must endure damages to their > property and then try to sue an out-of-state LLC. One cannot put a > monetary value on a destroyed water system. The entire community is > concerned. At least a dozen families, in the immediate vicinity have > put their homes up for sale hoping to get buyers before the permit is > issued. I have included a link to a recent Letter to the Editor of > our local paper that eloquently relates what many citizens are > thinking in Berkeley County in regard to this matter. > > http://www.journal-news.net/page/content.detail/id/527169.html?nav=5061 > <http://www.journal-news.net/page/content.detail/id/527169.html?nav=5061> > > Thanks for listening and hope to hear back from you. > > Sincerely, > > Wendy Hudock > <http://www.berkeleywater.org/emergencyInfo.php> >

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Byrd on future of coal
by Jim Sconyers 03 Dec '09

03 Dec '09

>From Senator Byrd "Coal Must Embrace the Future" this is a must-read - in fact, it almost reads as a game-changer sounds again like the Bob Byrd we used to know and love http://www.wvablue.com/diary/5340/sen-byrd-coal-must-embrace-the-future Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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This Modern World - The Stupidity Crisis
by Jim Sconyers 02 Dec '09

02 Dec '09

Tom Tomorrow http://www.salon.com/comics/tomo/2009/11/30/tomo# Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Fwd: Anyone got ideas for stories?
by Paul Wilson 02 Dec '09

02 Dec '09

---------- Forwarded message ---------- From: West Virginia News Service WVNS <wvnsnews(a)gmail.com> Date: Wed, Dec 2, 2009 at 11:41 AM Subject: Anyone got ideas for stories? To: Hi Folks, I'm open to suggestions for topics. Let me know if you have any ideas. Two of the debates now before Congress - health care and climate change - are sure to continue to draw a lot of attention. I'd love to hear any pitches related to those. Also, I think the stations who pick our stuff up seem to like what I've heard called News You Can Use - in other words anything the editors might think relates to their audience members' daily lives. For example, we recently did a piece about how to avoid getting the flu until the vaccine is available. Then we did another story on how health care reform could cut premiums for people who buy their own insurance. Both of those did very well. In a sense this matches what I've said on occasion about wanting to tell personal stories - stories of real people. In both cases it's about connecting with the listeners. But even if you have something totally unrelated, don't be afraid to pitch it to me. Even if it's not a story itself, it might lead to something that is. best, Dan H. -- West Virginia News Service (WVNS) Toll Free: 1-800-317-6705 Fax: 540-301-0801 E-mail: wvns(a)publicnewsservice.org -- 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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makeup of Oil and Gas Inspectors' Examining Board
by Frank Young 30 Nov '09

30 Nov '09

BlankAt SierraFest in October, and at last week's WVEC board meeting, Beth Little brought up the matter of oil and gas inspectors, and the state "examining board" that employs them. I have highlighted below sections (a) (1) and (2) which outline the makeup of that board. Note that the Chiefs of the Oil and Gas and of the Water Resources Division of DEP are two ex officio members of the five person Oil & Gas examining board, and are appointed by the Director of DEP, and that the only qualifications for their appointments are that they be "competent and qualified persons"- but with no further explanation of what "competent and qualified" means. §22-1-8. Supervisory officers. (a) The secretary shall appoint a competent and qualified person to be the chief executive officer of each office (which includes the offices of Oil & Gas and of Water Resources- F.Y.) specified in section seven of this article. The three bolded paragraphs below summarize the makeup of the O&G examining board. (underlined emphasis mine- F.Y.) §22C-7-3. Oil and gas inspectors' examining board created; composition; appointment, term and compensation of members; meetings; powers and duties generally. (a)(1) There is hereby continued an oil and gas inspectors' examining board consisting of five members, two of whom shall be ex officio members and three of whom shall be appointed by the governor, by and with the advice and consent of the Senate. Appointed members may be removed only for the same causes and like manner as elective state officers. One member of the board shall be the representative of the public at large and shall be a person who is knowledgeable about the subject matter of this article and has no direct financial interest in oil and gas production other than the receipt of royalty payments which do not exceed ten percent of his or her annual income and who by reason of previous training or experience may reasonably be said to represent the viewpoint of surface owners or environmental organizations: Provided, That the public member serving on the board on the first day of January, two thousand one, shall remain on the board until the expiration of his or her term and is also eligible for reappointment. One member shall be a person who by reason of previous training and experience may reasonably be said to represent the viewpoint of independent oil and gas operators. One member shall be a person who by reason of previous training and experience may reasonably be said to represent the viewpoint of major oil and gas producers. (2) The chief of the office of oil and gas of the division of environmental protection and the chief of the office of water resources of the division of environmental protection or their designees shall be ex officio members. (3) The appointed members of the board shall be appointed for overlapping terms of six years, except that the original appointments shall be for terms of two, four and six years, respectively. Any member whose term expires may be reappointed by the governor. (4) The board shall pay each member the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. (5) The chief of the office of oil and gas or the chief's designee serving pursuant to subdivision two of this subsection shall serve as chair of the board: Provided, That for any level three grievance proceeding the chief or the chief's designee may not serve as a chair or vote. The board shall elect a secretary from its members. (6) Members of the board, before performing any duty, shall take and subscribe to the oath required by section five, article IV of the constitution of West Virginia. (7) The board shall meet at such times and places as shall be designated by the chair. It is the duty of the chair to call a meeting of the board on the written request of two members. Notice of each meeting shall be given in writing to each member by the secretary at least five days in advance of the meeting. A majority of members is a quorum for the transaction of business. (b) In addition to other powers and duties expressly set forth elsewhere in this article, the board shall: (1) Establish, and from time to time revise, forms of application for employment as an oil and gas inspector and supervising inspector, which shall include the applicant's social security number, and forms for written examinations to test the qualifications of candidates, with such distinctions, if any, in the forms for oil and gas inspector and supervising inspector as the board may from time to time deem necessary or advisable; (2) Adopt and promulgate reasonable rules relating to the examination, qualification and certification of candidates for appointment, and relating to hearings for removal of inspectors or the supervising inspector, required to be held by this article. All of such rules shall be printed and a copy thereof furnished by the secretary of the board to any person upon request; (3) Conduct, after public notice of the time and place thereof, examinations of candidates for appointment. By unanimous agreement of all members of the board, one or more members of the board or an employee of the division of environmental protection may be designated to give to a candidate the written portion of the examination; (4) Prepare and certify to the director of the division of environmental protection a register of qualified eligible candidates for appointment as oil and gas inspectors or as supervising inspectors, with such differentiation, if any, between the certification of candidates for oil and gas inspectors and for supervising inspectors as the board may from time to time consider necessary or advisable. The register shall list all qualified eligible candidates in the order of their grades, the candidate with the highest grade appearing at the top of the list. After each meeting of the board held to examine such candidates and at least annually, the board shall prepare and submit to the director of the division of environmental protection a revised and corrected register of qualified eligible candidates for appointment, deleting from such revised register all persons: (a) Who are no longer residents of West Virginia; (b) who have allowed a calendar year to expire without, in writing, indicating their continued availability for such appointment; (c) who have been passed over for appointment for three years; (d) who have become ineligible for appointment since the board originally certified that such persons were qualified and eligible for appointment; or (e) who, in the judgment of at least three members of the board, should be removed from the register for good cause; (5) Cause the secretary of the board to keep and preserve the written examination papers, manuscripts, grading sheets and other papers of all applicants for appointment for such period of time as may be established by the board. Specimens of the examinations given, together with the correct solution of each question, shall be preserved permanently by the secretary of the board; (6) Issue a letter or written notice of qualification to each successful eligible candidate; (7) Hear and determine proceedings for the suspension, dismissal or other discipline of inspectors or the supervising inspector in accordance with the provisions of this article; (8) Make an annual report to the governor concerning the administration of oil and gas inspection personnel in the state service; making such recommendations as the board considers to be in the public interest; and (9) Render such advice and assistance to the director of the division of environmental protection as the director shall from time to time determine necessary or desirable in the performance of such duties. If not for love, then what? There is no wealth but life. (John Ruskin 1819-1900)

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Re: [EC] makeup of Oil and Gas Inspectors' Examining Board
by James Kotcon 29 Nov '09

29 Nov '09

I am in the process of putting together a listing of the legislative changes needed for a comprehensive reform. The fact that the industry has a majority of the Board that appoints their own inspectors does seem like the purest example of a conflict of interest I have seen in a while. How about adding two citizen representatives, one having expertise in water quality issues, and one having expertise in landowner rights issues. We could probably get support from the Farm Bureau for that last one. I would also add that phrase about no direct financial interest in oil and gas production to the qualifications for representatives of the oil and gas industry. Surely the industry can find someone who is retired or otherwise independent of financial conflicts of interest as their representative. Alternatively, I can just imagine the kinds of editorials we could get if we force the industry to try to publicly justify why they are entitled to representatives with a financial conflict of interest on a State Board! Even legislators are required to recuse themselves if they have a personal financial involvement in a vote. :-) But to do this, we will need a laundry list of horror stories for the Legislature. These could include landowner complaints of the non-responsiveness of inspectors specifically, and DEP generally, to problems with gas drillers. But we need to demonstrate that the system is broken, or it will never get fixed. Any horror stories out there? How about other suggestions for reform? JBK >>> "Frank Young" 11/29/09 1:26 PM >>> At SierraFest in October, and at last week's WVEC board meeting, Beth Little brought up the matter of oil and gas inspectors, and the state "examining board" that employs them. I have highlighted below sections (a) (1) and (2) which outline the makeup of that board. Note that the Chiefs of the Oil and Gas and of the Water Resources Division of DEP are two ex officio members of the five person Oil & Gas examining board, and are appointed by the Director of DEP, and that the only qualifications for their appointments are that they be "competent and qualified persons"- but with no further explanation of what "competent and qualified" means. §22-1-8. Supervisory officers. (a) The secretary shall appoint a competent and qualified person to be the chief executive officer of each office (which includes the offices of Oil & Gas and of Water Resources- F.Y.) specified in section seven of this article. The three bolded paragraphs below summarize the makeup of the O&G examining board. (underlined emphasis mine- F.Y.) §22C-7-3. Oil and gas inspectors' examining board created; composition; appointment, term and compensation of members; meetings; powers and duties generally. (a)(1) There is hereby continued an oil and gas inspectors' examining board consisting of five members, two of whom shall be ex officio members and three of whom shall be appointed by the governor, by and with the advice and consent of the Senate. Appointed members may be removed only for the same causes and like manner as elective state officers. One member of the board shall be the representative of the public at large and shall be a person who is knowledgeable about the subject matter of this article and has no direct financial interest in oil and gas production other than the receipt of royalty payments which do not exceed ten percent of his or her annual income and who by reason of previous training or experience may reasonably be said to represent the viewpoint of surface owners or environmental organizations: Provided, That the public member serving on the board on the first day of January, two thousand one, shall remain on the board until the expiration of his or her term and is also eligible for reappointment. One member shall be a person who by reason of previous training and experience may reasonably be said to represent the viewpoint of independent oil and gas operators. One member shall be a person who by reason of previous training and experience may reasonably be said to represent the viewpoint of major oil and gas producers. (2) The chief of the office of oil and gas of the division of environmental protection and the chief of the office of water resources of the division of environmental protection or their designees shall be ex officio members. (3) The appointed members of the board shall be appointed for overlapping terms of six years, except that the original appointments shall be for terms of two, four and six years, respectively. Any member whose term expires may be reappointed by the governor. (4) The board shall pay each member the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. (5) The chief of the office of oil and gas or the chief's designee serving pursuant to subdivision two of this subsection shall serve as chair of the board: Provided, That for any level three grievance proceeding the chief or the chief's designee may not serve as a chair or vote. The board shall elect a secretary from its members. (6) Members of the board, before performing any duty, shall take and subscribe to the oath required by section five, article IV of the constitution of West Virginia. (7) The board shall meet at such times and places as shall be designated by the chair. It is the duty of the chair to call a meeting of the board on the written request of two members. Notice of each meeting shall be given in writing to each member by the secretary at least five days in advance of the meeting. A majority of members is a quorum for the transaction of business. (b) In addition to other powers and duties expressly set forth elsewhere in this article, the board shall: (1) Establish, and from time to time revise, forms of application for employment as an oil and gas inspector and supervising inspector, which shall include the applicant's social security number, and forms for written examinations to test the qualifications of candidates, with such distinctions, if any, in the forms for oil and gas inspector and supervising inspector as the board may from time to time deem necessary or advisable; (2) Adopt and promulgate reasonable rules relating to the examination, qualification and certification of candidates for appointment, and relating to hearings for removal of inspectors or the supervising inspector, required to be held by this article. All of such rules shall be printed and a copy thereof furnished by the secretary of the board to any person upon request; (3) Conduct, after public notice of the time and place thereof, examinations of candidates for appointment. By unanimous agreement of all members of the board, one or more members of the board or an employee of the division of environmental protection may be designated to give to a candidate the written portion of the examination; (4) Prepare and certify to the director of the division of environmental protection a register of qualified eligible candidates for appointment as oil and gas inspectors or as supervising inspectors, with such differentiation, if any, between the certification of candidates for oil and gas inspectors and for supervising inspectors as the board may from time to time consider necessary or advisable. The register shall list all qualified eligible candidates in the order of their grades, the candidate with the highest grade appearing at the top of the list. After each meeting of the board held to examine such candidates and at least annually, the board shall prepare and submit to the director of the division of environmental protection a revised and corrected register of qualified eligible candidates for appointment, deleting from such revised register all persons: (a) Who are no longer residents of West Virginia; (b) who have allowed a calendar year to expire without, in writing, indicating their continued availability for such appointment; (c) who have been passed over for appointment for three years; (d) who have become ineligible for appointment since the board originally certified that such persons were qualified and eligible for appointment; or (e) who, in the judgment of at least three members of the board, should be removed from the register for good cause; (5) Cause the secretary of the board to keep and preserve the written examination papers, manuscripts, grading sheets and other papers of all applicants for appointment for such period of time as may be established by the board. Specimens of the examinations given, together with the correct solution of each question, shall be preserved permanently by the secretary of the board; (6) Issue a letter or written notice of qualification to each successful eligible candidate; (7) Hear and determine proceedings for the suspension, dismissal or other discipline of inspectors or the supervising inspector in accordance with the provisions of this article; (8) Make an annual report to the governor concerning the administration of oil and gas inspection personnel in the state service; making such recommendations as the board considers to be in the public interest; and (9) Render such advice and assistance to the director of the division of environmental protection as the director shall from time to time determine necessary or desirable in the performance of such duties. If not for love, then what? There is no wealth but life. (John Ruskin 1819-1900)

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Fwd: Fw: 2010 Chapter Leader Training
by James Kotcon 28 Nov '09

28 Nov '09

To Energy Committee: This on-line/conference call training sounds like a good idea, and several Chapter leaders have already reserved. If you would like to participate, let Jim Sconyers know ASAP. The first 2 people in get to do this. JBK >>> Jim Sconyers <jim_scon(a)yahoo.com> 11/20/2009 10:48 AM >>> Interested? I am. This is the campaign that is getting national money - and besides it's the most critical issue of our time. Not to mention all the potential for strengthening the Chapter. Please let me know if you'd like to do the training. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Thu, 11/19/09, Greg Casini <alert(a)sierraclub.org> wrote: From: Greg Casini <alert(a)sierraclub.org> Subject: 2010 Chapter Leader Training To: "Sierra Club Activists" <alert(a)sierraclub.org> Date: Thursday, November 19, 2009, 8:00 PM November 18, 2009 To: Chapter Chairs From: The Leadership & Organizing Training Team Re: 2010 Chapter Leader Training NOTE: APPLICATIONS ARE DUE DECEMBER 18 Dear Chapter Chairs, The Sierra Club will be offering Chapter Leader Training beginning in January, 2010. In the past, the training has been a four-day in-person retreat following a standard classroom format. We are now taking a new approach in order to reach more chapter leaders in the most cost effective way possible. Many of you indicated you would be interested in learning more about the Sierra Club's effort to focus on the single most important fight of our lifetime - climate recovery. This learning opportunity is targeted at helping you build the most effective chapter possible to do that work. To increase your power, rather than take up your time, the training will be offered remotely as a conference call and online training, and we are inviting you to recruit a team of 3-5 additional Chapter leaders to participate along with you, so they can support you in your role and help you apply the skills learned in the training to the real work of your ExCom. Training Structure There are two main components to the training: a series of five conference call training sessions that will link all participants by phone, and a coaching call just for your team following each training session. The training sessions will be 90 minutes in length, starting in January, and will be spaced three weeks apart. The roster of sessions is as follows: Session 1: Connecting your Chapter to Climate Recovery Campaign Objectives: Understand how your state and local goals can fit with Climate Recovery Campaign objectives, reflect on the core functions of Chapter ExComs, learn how to inventory and report your Chapter's performance in these areas, review and improve your priority setting process. Session 2: Creating a High-Performing ExCom Team: Examine trust building, team norms, operating procedures, decision-making practices and accountability strategies; learn how to build a high-performing ExCom team that achieves significant results. Session 3: Structuring Effective ExCom Meetings: Explore new ideas on crafting meeting agendas, running productive meetings and following up on action items; learn how to transform your agendas and get important work done. Session 4: Chapter Communications in the 21st Century: Learn how your Chapter can develop an online organizing strategy to expand your outreach and effectiveness; explore the use of Convio, HELEN and other communications technologies. Session 5: Expanding your Leadership Structure to Build a Broader Movement for Climate Recovery: Assess your local resources; learn how to expand your leadership structure in order to build a movement around climate recovery work that engages a broad diversity of people in your communities. Training Benefits Here are some of the benefits you can expect as a result of this training: After this training, you will: --Have more clarity on the role and expectations of the Chapter ExCom --Understand the Club's climate recovery campaigns and how to be a part of them --Improve the functioning of your Chapter ExCom to engage more effectively in climate recovery work --Transform your meetings to get more done in less time --Develop a 21st century communications strategy --Expand your leadership infrastructure in order to build a broader movement around climate recovery work Training Dates (Pacific & Mountain Time Zones) Session 1 Tuesday, January 12 at 6pm PT, 7pm MT Session 2 Tuesday, February 2 at 6pm PT, 7pm MT Session 3 Tuesday, February 23 at 6pm PT, 7pm MT Session 4 Tuesday, March 16 at 6pm PT, 7pm MT Session 5 Tuesday, April 6 at 6pm PT, 7pm MT Training Dates (Eastern & Central Time Zones) Session 1 Thursday, January 14 at 6pm CT, 7pm ET Session 2 Thursday, February 4 at 6pm CT, 7pm ET Session 3 Thursday, February 25 at 6pm CT, 7pm ET Session 4 Thursday, March 18 at 6pm CT, 7pm ET Session 5 Thursday, April 8 at 6pm CT, 7pm ET To Apply for the Training 1. Read the Mutual Agreement below. 2. Recruit 3-5 other Chapter leaders who will commit to participate with you through the entire training program (you must recruit a minimum of three leaders). Some of your best candidates might be your Vice-Chair, Conservation Chair and most senior staff person. 3. Complete the Mutual Agreement form and return it to Greg Casini by December18. Chapters will be chosen based on their level of commitment, and notified no later than December 21. There is no fee to participate. Much of this training will be conducted on the phone and over the internet. You will need to have access to a computer for the duration of these sessions. Questions If you have questions about this training, contact greg.casini(a)sierraclub.org ( about:/mc/compose?to=greg.casini@sierraclub.org ) or 415-977-5651. ---------------------------------------------------------------------------------------------------------------------- Virtual Training for Chapter Leadership Teams - Mutual Agreement RETURN BY DECEMBER 18, 2009 The Training: This training is intended not just for the ExCom Chair, but also for a core leadership team of 3-5 additional leaders who can support the Chair in his/her role. The expectation is that there will be four to six people from each Chapter working together with the Chair to ensure a highly effective ExCom. You may be seasoned leaders or new volunteers, but the common thread should be your commitment to learning and applying new skills to the real work of your ExCom. There are two main components to the training: a series of five conference call-based training sessions, and individual coaching between sessions. Training sessions will be 90 minutes each, starting in January and spaced three weeks apart. Coaching calls will be conducted between the trainings and through June. Each Chapter leadership team will have an assigned coach. The coach will serve as a sounding board and help to facilitate the implementation of training lessons into chapter practices. The coach will also be on point for the teams to give feedback to the trainers. The Trainers' Commitment: --We will be prepared to offer quality training for all participants --We will offer training that is relevant and useful to the chapter teams --We will solicit and accept constructive feedback on the progress of the training sessions and coaching. Your Commitment: --Come to the sessions prepared, and actively participate in all five training sessions. --Complete any pre- or post-session work assignments --Listen to the recording of any missed calls and work with your coach to "make up" a missed session. --Apply the skills and practices learned in the sessions to your Chapter ExCom work --Build a working relationship with your coach. --Provide honest feedback to the coach and trainers to help shape this and future trainings. During this process, we will be using some technologies that are new to the Club and to this group of trainers. There will be a concerted effort to test new technologies in order to mitigate the fact that we are not meeting face-to-face. The trainers will do their best to ensure that the technology is appropriate and functional, but there is an element of experimentation here. All parties need to have some patience and be willing to change plans in the event of technology glitches. APPLICATION FOR 2010 CHAPTER LEADERSHIP TRAINING WE HAVE REVIEWED THIS MUTUAL AGREEMENT AND WE AGREE TO ABIDE BY THE EXPECTATIONS OUTLINED. YES ____ NO ___ DATE: CHAPTER: CHAPTER CHAIR: EMAIL ADDRESS: PHONE NUMBER: OTHER TRAINING PARTICIPANTS (MINIMUM OF 3): NAME POSITION EMAIL ADDRESS HAVE ALL PARTICIPANTS AGREED TO ATTEND ALL SESSIONS? YES ____ NO ___ Return to greg.casini(a)sierraclub.org ( about:/mc/compose?to=greg.casini@sierraclub.org ) by December 1

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Upstate New Yorkers Split by Leasing of Land for Natural Gas Wells - NYTimes.com
by william.depaulo＠gmail.com 28 Nov '09

28 Nov '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: Upstate New Yorkers Split by Leasing of Land for Natural Gas Wells - NYTimes.com 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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Fwd: FW: OSM Changes to Improve Oversight of Surface Coal Mining
by James Kotcon 27 Nov '09

27 Nov '09

Does anyone on the Energy Committee want to take a crack at developing comments on these? We have been hollering for years, now here is our chance. OSM is listening, and I hope the coal industry is not the only voice they hear. JBK >>> "Calhoun, Roger W." <rcalhoun(a)osmre.gov> 11/19/2009 10:38 AM >>> The Office of Surface Mining Reclamation and Enforcement (OSM) announced a series of actions and proposals intended to improve its oversight of state regulatory agencies’surface coal mining programs. OSM is providing information on these actions as well as seeking public input and comment on these and other changes. These actions reflect commitments contained in a June 11, 2009, memorandum of understanding among the Department of the Interior, the Environmental Protection Agency, and the Army Corps of Engineers to reduce the harmful environmental consequences of Appalachian surface coal mining. OSM is seeking review and comment on our oversight improvement actions, which can be accessed at http://www.osmre.gov/topic/oversight/scm/scm.shtm. We are requesting that comments be submitted by December 18, 2009. The preferred method for submitting comments is via e-mail (send comments to Oversight(a)osmre.gov). Comments may also be mailed to: Administrative Record (MS-252) Office of Surface Mining Reclamation and Enforcement 1951 Constitution Avenue, NW Washington, DC 20240 If you have any questions, please contact me or send an email to Oversight(a)osmre.gov. Roger Calhoun Charleston Field Office Director 1027 Virginia St. E. Charleston, WV 25301 rcalhoun(a)osmre.gov (304)347-7158

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Fw: Coal: the missing numbers
by Jim Sconyers 25 Nov '09

25 Nov '09

good one Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 11/24/09, Mark Redden <markaredden(a)hotmail.com> wrote: From: Mark Redden <markaredden(a)hotmail.com> Subject: Coal: the missing numbers To: information(a)sierraclub.org Date: Tuesday, November 24, 2009, 10:00 PM http://www.shift2020.com/coalnumbers.html Windows Live Hotmail: Your friends can get your Facebook updates, right from Hotmail®.

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Fw: Power Demand Dims Outlook
by Frank Young 21 Nov '09

21 Nov '09

Subject: Electric Power Demand Power Demand Dims Outlook a.. Article b.. Comments (1) more in Business » By REBECCA SMITH Electricity sales remained weak in the third quarter, prompting speculation that the sluggishness could persist even after the U.S. economy rebounds. Some utilities don't expect power sales to recover to pre-recession levels until 2012 -- if at all -- because so many factories have closed. Getting a read on future demand is crucial for utilities because they require long lead times to build power plants and make other upgrades. Declining sales put pressure on utilities to raise prices, cut costs or make other adjustments to bolster profits. The sector began to feel the recession, which started in late 2007, later than many others. Sales held up well in the first half of 2008 but then declined and have continued falling this year, though some regions are reporting an uptick. The federal Energy Information Administration expects overall electricity sales to decline 3.3% this year and grow modestly next year, but many utilities anticipate far larger declines for the year. Duke Energy Corp. said its energy sales to the textile industry based in the Carolinas fell 20% in the third quarter, versus a drop of 13.7% for sales to all industrial users. For the first nine months of 2009, electricity sales to the textile industry were down 23.5%, from the prior year, and overall industrial sales were down 15.8%. American Electric Power Co. of Columbus, Ohio, which owns utilities in 11 states, saw industrial electricity sales plunge 17% for the third quarter versus the year-ago period. Chief Executive Mike Morris said his company is counting on industrial demand recovering about a third of the lost ground in 2010. Beyond that, he is wary of making predictions. "I don't know if we'll ever get all of it back," he said, acknowledging that factory closings in the auto sector will have a lasting effect. Larry Makovich of consultancy Cambridge Energy Research Associates is among the few who believe electricity sales will experience a "strong rebound" next year. "It is dangerous to misinterpret a short-run phenomenon as a structural change," he said. Atlanta's Southern Co., which owns utilities in four Southeastern states, has seen year-to-date industrial demand drop 15%, including a 9.6% drop in the past quarter. Chief Executive David Ratcliffe said he sees signs of recovery, but added that it feels "fragile." Bill Johnson, chief executive of Progress Energy, which has utilities in Florida and the Carolinas, said he thinks homes mostly have cut use voluntarily, unlike businesses. Total sales fell 10.9% in the first nine months of the year across all customer categories, led by industrial sales that dropped 11.4% in the Carolinas and 12.9% in Florida. "I think there's still a high level of concern and a great deal of unease" about the economy, Mr. Johnson said, adding that he doesn't expect a sharp recovery. Bob Shepard, chief executive of Oncor in Dallas, said he thinks the drop in energy use in 2008 "was so quick that it wasn't structural but was probably cyclical." Nevertheless, he said he doesn't expect a full recovery in total sales volumes until 2012. Portland General Electric in Oregon saw residential sales rise 4.6% for the quarter, but the gain was offset by a 5.3% drop in industrial sales. Utility analyst Chris Ellinghaus at Shields & Company in New York said he isn't hopeful the sector will recover next year but thinks "2011 will look more normal." Write to Rebecca Smith at rebecca.smith(a)wsj.com ********************* Joy Towles Ezell hopeforcleanwater(a)yahoo.com "We are the ones we've been waiting for." http://groups.yahoo.com/group/HopeForCleanWater/ http://grooups.yahoo.com/group/EANoF/ http://groups.yahoo.com/group/FloridiansAgainstIncineratorsInDisguise/ http://groups.yahoo.com/group/SaveTaylorCountyFloridaResidents/ 850 584 7087 office & fax 850 843 1574 cell _______________________________________________ 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…

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Gas Drilling vs. Drinking Water: New York City Consultant’s Report Sets Stage for Fight With Albany | FLYP
by william.depaulo＠gmail.com 20 Nov '09

20 Nov '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: Gas Drilling vs. Drinking Water: New York City Consultant’s Report Sets Stage for Fight With Albany | FLYP 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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Fwd: Question on WV Tourism Assoc. letter
by Paul Wilson 19 Nov '09

19 Nov '09

see the comment below on the WV Tourism Assoc. Has anyone heard of this? Jenny has outlined some national response, but maybe we want to do something like LTEs, op-eds? just a thought, best, paul ---------- Forwarded message ---------- From: Jenny Coyle <Jenny.Coyle(a)sierraclub.org> Date: Wed, Nov 18, 2009 at 6:33 PM Subject: Greetings Paul! I have a question... To: pjgrunt(a)gmail.com Hey Paul -- Hope all is well for you there in the mountains. I'm doing well, though I had a little accident on my (non-motorized) kick scooter and broke my shoulder about a month ago. It's healing, but man, what a crazy thing to do! I hit some wet pavement and that was all she wrote. The morphine was nice, though. So I'm not sure if you're in the loop on this, but apparently the WV Tourism Association sent out a letter to its members asking them to join a group that supports coal mining. We're doing something in our Climate Crossroads online community, about ten things that really do help tourism in WV, 'cause MTR certainly doesn't. One of those ten things will be great hiking trails. And we'll link to our Sierra Club Trails website, to the page that gives you search results for trails in WV. That URL is here: http://tiny.cc/WVtrails If you click on that link, you'll see that there are seven trails, and four of them are pretty good. Three of them, however - the three with the boring green Trails avatars instead of photos, need to be upgraded with a photo and an actual trail description. Is there any chance you know these trails well enough to do that? Or even provide me with a few paragraphs and photos to do that? Or even do it over the phone and email me the photos? I'm also looking to get some more trails added. I know you're god-awful busy and dedicated to the work of your chapter and all -- but any chance you'd have time to do this? I'm trying to make it happen by week's end... Best, Jenny __________ Jenny Coyle Website Producer Sierra Club (415) 977-5533 --> Check out Sierra Club Trails: http://sierraclubtrails.org -- 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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Nov 1, 2009 MIT STUDY ON FUTURE OF COAL
by William V. DePaulo, Esq. 19 Nov '09

19 Nov '09

Attached is a copy of the 190-page MIT Study on the Future of Coal, released Nov 1. It clearly endorses the principle of carbon capture and sequestration as a necessity, but points out in the bluntest possible terms the overwhelming scale of the undertaking and the pathetically inadequate efforts undertaken so far to achieve it. The statistics below, from a table at the beginning, offer compelling reasons to believe that it just aint gonna happen, at least not in a time frame that offers any prospect of meaningful mitigation of the effects of global warming. Table in Exec. Summary at p. ix Today fossil sources account for 80% of energy demand: Coal (25%), natural gas (21%), petroleum (34%), nuclear (6.5%), hydro (2.2%), and biomass and waste (11%). Only 0.4% of global energy demand is met by geothermal, solar and wind.1 50% of the electricity generated in the U.S. is from coal.2 There are the equivalent of more than five hundred, 500 megawatt, coal-fi red power plants in the United States with an average age of 35 years.2 China is currently constructing the equivalent of two, 500 megawatt, coal-fi red power plants per week and a capacity comparable to the entire UK power grid each year.3 One 500 megawatt coal-fired power plant produces approximately 3 million tons/year of carbon dioxide (CO2).3 The United States produces about 1.5 billion tons per year of CO2 from coal-burning power plants. * If all of this CO2 is transported for sequestration, the quantity is equivalent to three times the weight and, under typical operating conditions, one-third of the annual volume of natural gas transported by the U.S. gas pipeline system.* *If 60% of the CO2 produced from U.S. coal-based power generation were to be captured and compressed to a liquid for geologic sequestration, its volume would about equal the total U.S. oil consumption of 20 million barrels per day.* *At present the largest sequestration project is injecting one million tons/year of carbon dioxide (CO2) from the Sleipner gas field into a saline aquifer under the North Sea.*3 Notes 1. IEA Key World Energy Statistics (2006) 2. EIA 2005 annual statistics (www.eia.doe.gov) 3. Derived from the MIT Coal Study -- 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: [wvec-board] WV Environmental Council Fall Fundraising Concert >>> Tues. 11/24 in Charleston
by Grubb, Karen 18 Nov '09

18 Nov '09

Please come to this event if you can. From: wvec-board(a)yahoogroups.com [mailto:wvec-board@yahoogroups.com] On Behalf Of Daniel Chiotos Sent: Tuesday, November 17, 2009 5:42 PM To: hotcayen; wvec-board(a)yahoogroups.com; selliott; mshafiei; lmundy; FOM; Vickie Wolfe; Mary Ellen O'Farrell; Mary Wildfire; Philip Bailey; joseph mathis; Jenny Hudson; Walton C. Shepherd; Michael T. Tierney; michael lipton; Dana Kuhnline; Bill DePaulo Subject: [wvec-board] WV Environmental Council Fall Fundraising Concert >>> Tues. 11/24 in Charleston ***********PLEASE FORWARD************ WV Environmental Council's Fall Fundraiser Tuesday, Nov. 24th from 6 to 9 PM at the Empty Glass in Charleston, WV Only $5 at the Door! MUSIC, FOOD & FUN - Come By After Work! NEW T-shirts available by Charlie Hamilton - Long & Short Sleeve Please come, have a great time, and chip in to support environmental lobbying in West Virginia! Cheers, Daniel Chiotos 2206 Washington St E. Charleston, WV, 25311 (304)886-3389 {www.seac.org} __._,_.___ Reply to sender <mailto:danny@seac.org?subject=WV%20Environmental%20Council%20Fall%20Fundraising%20Concert%20%3e%3e%3e%20Tues.%2011/24%20in%20 %20Charleston> | Reply to group <mailto:wvec-board@yahoogroups.com?subject=WV%20Environmental%20Council%20Fall%20Fundraising%20Concert%20%3e%3e%3e%20Tues.%2011/24%20in%20 %20Charleston> Messages in this topic <http://groups.yahoo.com/group/wvec-board/message/1168;_ylc=X3oDMTM1YmltMXBu…> (1) Recent Activity: Visit Your Group <http://groups.yahoo.com/group/wvec-board;_ylc=X3oDMTJmZnJkcHJhBF9TAzk3MzU5N…> Start a New Topic <http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmM3R0Y3NpBF9TAzk3…> . Web Bug from http://geo.yahoo.com/serv?s=97359714/grpId=21584041/grpspId=1705365392/msgI…<http://www.mailscanner.tv/1x1spacer.gif> __,_._,___

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from Center for Media and Democracy's email list: Drilling Through the Appalachian Shale Gas Hype
by Paul Wilson 16 Nov '09

16 Nov '09

Be A Citizen JournalistDrilling Through the Appalachian Shale Gas Hype<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=hqzZc2Byp1yq6a%2BXNL…> While the U.S. economy continues to reel from the fallout from the global financial crisis, there's a boom on in the gas industry wanting access to Appalachian areas underlain by the Marcellus Shale<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=ut0v%2Bltf6raf2Bul0Y…>deposits. The gas-industry boom has environmentalists and many residents worried about the environmental impacts. To make gas production profitable, the industry employs a practice referred to as fracking<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=m8mEO36WVYBC8HefykGl…>, pumping large volumes of water, sand and a mix of chemicals down drill holes to fracture the rock formations and increase the volume of accessible gas. While the Safe Drinking Water Act notionally protects water supplies, the gas industry is the only industry excluded from the scope of the legislation. Nor do many state government's regulate fracking practices. (A useful collection of articles<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=%2BFhlgqORzNLTkdY2JY…>on the issue has been published by the non-profit journalism group, ProPublica<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=zUpJPnDsjjmpZouy0DpF…> ). Right now, the issue is politically hot<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=4pPKe17qxrYmnKoebCYd…>. Last week the U.S. House of Representatives adopted a resolution requesting the Environmental Protection Agency<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=Xo0PpQMSAxBfYOy%2F6b…>re-examine the potential impact of fracking on water quality. While companies are busy hyping their involvement in Marcellus Shale projects, citizens groups are mobilizing to express their concerns about both fracking practices and gas production more generally. You can help document the environmental and other issues involved with the exploitation of the Marcellus Shale by helping building the SourceWatch article on the issue. See SourceWatch:Project:Documenting environmental and other issues with the exploitation of Marcellus Shale<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=GXtLQzK%2Bo%2BthsuqB…>on our collaborative SourceWatch encyclopedia for more details. If you have never added material to SourceWatch before, don't worry! Our regular editors are at hand to help get you started. If this is your first time editing on SourceWatch, you can register here<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=LWxLd413qaxS6a96wL3f…>, and learn more about adding information to the site here<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=vnseSfF57oiQN%2BvmBx…>, here<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=E6RqLYVIIqPlcji25%2B…>and here<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=U90C14AOoEJ9dR6G1Voo…> . -- 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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Fwd: RSVP NOW: Coal Ash Mega Strategy Call Nov. 18 at 2pm
by Paul Wilson 13 Nov '09

13 Nov '09

fyi, paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Thu, Nov 12, 2009 at 3:08 PM Subject: Fwd: RSVP NOW: Coal Ash Mega Strategy Call Nov. 18 at 2pm To: COAL-CAMPAIGN-FORUM(a)lists.sierraclub.org If you want to join us on the coal ash call, pls RSVP per instructions below. Verena -----Original Message----- From: Lyndsay Moseley <Lyndsay.Moseley(a)sierraclub.org> To: baumling(a)aol.com Sent: Thu, Nov 12, 2009 12:31 pm Subject: Fw: RSVP NOW: Coal Ash Mega Strategy Call Nov. 18 at 2pm Verena, Will you forward this to the appropriate activist lists? Lyndsay Moseley Washington Representative Sierra Club 408 C St. NE Washington, DC 20002 tel: 202-548-4581 fax: 202-547-6009 ----- Forwarded by Lyndsay Moseley/Sierraclub on 11/12/2009 01:32 PM ----- *Lyndsay Moseley/Sierraclub* 11/12/2009 01:16 PM To #Coal cc Subject RSVP NOW: Coal Ash Mega Strategy Call Nov. 18 at 2pm Coal Campaigners, Sierra Club is co-hosting a call (with Earthjustice and Environmental Integrity Project) next Wednesay Nov. 18th at 2pm ET to discuss our national strategy on coal ash with grassroots organizers and leaders. This will be a great opportunity to get the current state of play on coal ash, ask questions, find out about resources available to support advocacy around EPA's coming coal ash rule, and participate in shaping our grassroots campaign around coal ash. If you are interested: 1) Please check your schedule and RSVP (see below) asap! 2) Please invite volunteer leaders and coalition partners to join the call as well. Please let me know if you have any questions -- Lyndsay Lyndsay Moseley Washington Representative Sierra Club 408 C St. NE Washington, DC 20002 tel: 202-548-4581 fax: 202-547-6009 ----- Forwarded by Lyndsay Moseley/Sierraclub on 11/12/2009 12:22 PM ----- *"Lisa N. Widawsky" <lwidawsky(a)environmentalintegrity.org>* 11/09/2009 09:50 PM To "Lisa N. Widawsky" <lwidawsky(a)environmentalintegrity.org> cc Subject RSVP NOW: Prevent Another TVA Disaster - Join Our Coal Ash Mega Strategy Call Nov. 18 at 2pm Greetings grassroots organizer, There are *just a few weeks* until U.S. EPA Administrator Lisa Jackson will announce new proposed regulations governing coal ash disposal. Please join us *November 18* at *2 pm EST* for a brief telephone discussion with coal ash and media experts to learn how you can organize to build support for EPA rules that finally treat coal ash as the hazardous waste we all know it is. We will provide information about EPA’s upcoming coal combustion waste disposal rule, state-specific fact sheets on coal ash ponds and landfills in 35 states, and media tools to help get the word out to your members and communities about the critical need for EPA to designate coal ash as hazardous. You’ll be able to ask questions, get information, and prepare for public hearings on the coal ash rules. On October 8, well over a hundred organizations from across the country signed onto an important letter to Congress asking members to join Congressman John Lewis’s letter on the dangers of coal ash disposal. We’re asking you now to continue this fight by joining an effort to push EPA and Congress to protect public health and the environment from this hazardous waste. EPA has said repeatedly it plans to propose the first ever regulation for coal combustion waste disposal before the end of this year. The agency has already sent a draft of its proposed regulation to the Office of Management and Budget, which means the proposal could come out very soon. We invite you to join Earthjustice, the Environmental Integrity Project, Sierra Club, and hundreds of other groups in a discussion about the upcoming proposal and ways you can help. Polluters are pushing hard on EPA to avoid designating coal ash as hazardous. However, a hazardous waste designation means much stronger safeguards for communities surrounding hundreds of coal ash ponds and landfills. We’re relying on grassroots groups from across the country to get the word out to your members and engage your local media on the importance of regulating coal ash as hazardous waste. We must push back against industry claims and send a strong, unified message to EPA and our elected officials that the time to clean up toxic coal ash dumps is now! *RSVP* to *Jeremy Graham at Earthjustice (**jgraham(a)earthjustice.org*<jgraham(a)earthjustice.org> * or 202-667-4500, x217*). We’ll send out more information about the call including a telephone number and speaker lineup as the date approaches. If you have any questions, please contact Jared Saylor at Earthjustice (* jsaylor(a)earthjustice.org* <jsaylor(a)earthjustice.org>), Lisa Widawsky at the Environmental Integrity Project (*lwidawsky(a)environmentalintegrity.org*<lwidawsky(a)environmentalintegrity.org>), or Lyndsay Moseley at the Sierra Club (*Lyndsay.Moseley(a)sierraclub.org*<Lyndsay.Moseley(a)sierraclub.org> ). For more information about coal ash and the danger it poses to our water and to the health of communities across the United States, please see the information and reports available at *www.earthjustice.org/coalash*<http://www.earthjustice.org/coalash>. Also, the Sierra Club is in the process of creating a Federal Coal Ash Regulation listserv – stay tuned for details on how you can opt-in to the listserv. Please join us in the fight to protect all communities from the dangers of hazardous coal ash. Sincerely, Lisa Widawsky Attorney Environmental Integrity Project 1920 L Street NW, Suite 800 Washington, DC 20036 202.263.4452 (direct) 202.294.3282 (cell) 202.296.8822 (fax) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-FORUM list, send any message to: COAL-CAMPAIGN-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp -- 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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Re: [EC] Fw: Large-Scale Renewable Energy Guidelines, Open House with Allison Chin, and More
by James Kotcon 13 Nov '09

13 Nov '09

I had gotten a couple e-mails about this proposed "Large-scale Renewables" guidelines for the Club from the State Gov't Programs folks, as several of these folks have issues in their states too, e.g., Arizona Chapter. The "Off-Shore Wind" issue apparently has a separate task force, so this is mostly focused on commercial solar and wind facilities and transmission lines (like the ones in our back yard). Please look into it, as we should probably prepare comments on behalf of the Chapter. JBK >>> Jim Sconyers <jim_scon(a)yahoo.com> 11/13/2009 12:45 PM >>> Hey Jim- Have you seen this? I didn't know it was in the works - but just because we're the national epicenter, why am I not surprised...? Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 11/11/09, Clubhouse Updates <clubhouse(a)sierraclub.org> wrote: From: Clubhouse Updates <clubhouse(a)sierraclub.org> Subject: Large-Scale Renewable Energy Guidelines, Open House with Allison Chin, and More To: jim_scon(a)yahoo.com Date: Wednesday, November 11, 2009, 9:07 PM Having trouble viewing our email. Click here to view a web version. Jim, The Board of Directors approved a comprehensive Club energy policy in 2006, but there are still plenty of questions that we have to address, like when to support large-scale renewable energy projects that have potential impacts on public land and the environment. Like big solar collectors in the desert, new wind farms, geothermal energy projects. That's where the Club's board task forces come in. See below for more. We also want to remind you of upcoming open house with Allison Chin on November 16 and a guided tour of the Activist Network on November 23. Seeking Comments on Large-Scale Renewable Energy Guidelines As you know, the Club supports renewable energy, both small-scale project like solar panels on home roofs and large-scale projects like wind farms. But some projects and some sites are better than others, and that's where the Transmission Line and Renewable Energy Siting Task Force comes in, to develop proposed guidelines to enable chapters and groups to assess large scale renewable energy and transmission proposals and their potential impacts on public land and the environment, and determine what the appropriate Club approach to such projects should be. Because of the grave impacts of climate change Sierra Club supports developing some large scale renewables and transmission needed to bring renewable energy to cities. Thus, the guidelines indicate conditions under which projects can be supported, where we may be neutral, and where projects may be opposed; the guidelines also focus on encouraging development in the most appropriate (lower resource value) sites as well as working to ensure necessary mitigation in sites where impacts exist but can be mitigated. You can read the guidelines here, post comments here. Comment period ends January 10. Special thanks to task force members Jim Dodson and Barbara Boyle (co-chairs), and Sandy Bahr, Clayton Daughenbaugh, John Hiatt, Connie Wilbert, Carl Zichella, and Gloria Smith. Join Allison Chin for Open House on November 16 Club President Allison Chin will be hosting an open house at 5 pm Pacific/8 pm Eastern on Monday, November 16. She talk briefly about chapter funding and the November Board meeting, where directors will be addressing the 2010 Budget as well as reports from task forces (Constituent Engagement, Fundraising). She also take questions. RSVP here. Call 1-866-501-6174 [1892-005] Take the Activist Network Guided Tour on November 23 A week after Allison's open house, at the same time and call-in number, we'll be giving another guided tour of the Activist Network — sierraclubactivistnetwork.org — where we are seeking to create a vibrant community where Club activists and supporters work together to get things done. There are plenty of opportunities to discuss and debate things and we encourage that — there are blogs and comment walls and discussion forums — but we designed the Activist Network first and foremost as a place to collaborate and accomplish things. It's a place to do work. RSVP here. Call 1-866-501-6174 [1892-005] We're still in our beta period, but about 30 teams have started creating their online community, and we welcome all national issue teams, groups, chapters, any Club entities to join as well. Team members can communicate and collaborate in a more multi-dimensional way than email, work on projects together, edit documents, brainstorm, solicit feedback, and most important of all, reach out and engage new people in their work. We welcome you to join the Monday evening call, but better yet, we encourage you to schedule a conference call with at least four members of your team. That way, we can focus not just on how to use the online community tools but on making your team site compelling and full of opportunities for interested visitors to get involved. If you have questions about the Activist Network, we've created a Help Team, where you can ask for help, and then later, once you learn the ropes, give help. Enjoy the fall. John Byrne Barry Managing Editor, Clubhouse / Activist Network Update My Profile | Manage My Email Preferences | Update My Interests Sierra Club 85 Second St. San Francisco, CA 94105

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Putting 'Green' Technology Into Bricks
by william.depaulo＠gmail.com 10 Nov '09

10 Nov '09

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Fw: The fate of Coal River Mountain is up to us
by Jim Sconyers 06 Nov '09

06 Nov '09

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 11/6/09, Mary Ann Hitt, Sierra Club <membership.services(a)sierraclub.org> wrote: From: Mary Ann Hitt, Sierra Club <membership.services(a)sierraclub.org> Subject: The fate of Coal River Mountain is up to us To: jim_scon(a)yahoo.com Date: Friday, November 6, 2009, 8:21 PM Sierra Club #yiv1354240319 #yiv1354240319 .normal, #yiv1354240319 , #yiv1354240319 p, #yiv1354240319 td, #yiv1354240319 tr, #yiv1354240319 h1, #yiv1354240319 h2, #yiv1354240319 h3, #yiv1354240319 h4, #yiv1354240319 h5, #yiv1354240319 h6, #yiv1354240319 ul, #yiv1354240319 li, #yiv1354240319 div, #yiv1354240319 input, #yiv1354240319 textarea, #yiv1354240319 option, #yiv1354240319 select { font-family:verdana, arial, helvetica, sans-serif;font-style:normal;} #yiv1354240319 .normal, #yiv1354240319 , #yiv1354240319 p, #yiv1354240319 td, #yiv1354240319 tr, #yiv1354240319 li, #yiv1354240319 div, #yiv1354240319 input, #yiv1354240319 textarea, #yiv1354240319 option, #yiv1354240319 select {font-size:12px;} #yiv1354240319 .normal {color:#000000;} #yiv1354240319 {background-color:#ffffff;} #yiv1354240319 #yiv1354240319 a {color:#333366;} #yiv1354240319 a:visited {color:#666666;} #yiv1354240319 a:hover {color:#3333ff;} #yiv1354240319 #yiv1354240319 .blackborder {border-color:#000000;} #yiv1354240319 #yiv1354240319 .smalltext {font-size:10px;} #yiv1354240319 .verysmalltext {font-size:9px;} #yiv1354240319 #yiv1354240319 H1, #yiv1354240319 .header { font-size:14px;color:#000000;font-weight:700;} #yiv1354240319 .issueheader { margin-bottom:5px;color:#669900;} #yiv1354240319 #yiv1354240319 H2, #yiv1354240319 .subtitle { font-size:12px;color:#669900;font-weight:700; } View a web version of this email. Dear Jim, Ask the Obama Administration to stop the blasting on Coal River Mountain and preserve our nation's clean energy resources. Photo Credit:Photo by Vivian Stockman / www.ohvec.org; flyover courtesy SouthWings.org The fate of Coal River Mountain is up to us. Last week, Massey Energy began setting off explosives on Coal River Mountain in West Virginia -- the site of a proposed 328-megawatt wind farm -- to prepare for a massive mountaintop removal coal mining operation. Coal River Mountain could be a wind farm that provides 85,000 households with electricity, 700 long-term green jobs, gives back $1.7 million in annual county taxes and stands as a model for clean energy across the region. Or it can be a 6,000-acre dirty coal mining wasteland. Contact the Obama Administration today. Ask them to immediately stop the blasting on Coal River Mountain and preserve our nation’s clean energy resources. The blasting of Coal River Mountain is also endangering lives. Blasting on Coal River Mountain could destabilize the nearby coal slurry pond, unleashing eight billion gallons of toxic sludge on homes and schools. Were the dam to fail, local residents would have mere minutes to evacuate before being overtaken by a 50-foot high wall of coal sludge. Coal River Mountain represents a crossroads -- it can be one of the most dangerous examples of mountaintop removal mining destruction for dirty coal or one of the most profound examples of hope for a clean energy future that exists in our country. We need your help to call on the Obama Administration to step in and intervene today. Ask them to stop the blasting today. Coal River Mountain must become our line in the sand. We can no longer allow fossil fuel interests to build more pipelines, belch out more pollution, and destroy more mountains that could become clean energy wind farms. The Obama Administration must save Coal River Mountain in order to show they are serious about our clean energy future. Thanks for all that you do, Mary Anne Hitt, Sierra Club Beyond Coal Campaign If you do not wish to receive future emails like this, click here to be removed from this type of email contact. Update My Profile | Manage My Email Preferences | Update My Interests Sierra Club 85 Second St. San Francisco, CA 94105

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PATH Agrees to Extend Procedural Schedule in West Virginia
by Frank Young 04 Nov '09

04 Nov '09

PATH Agrees to Extend Procedural Schedule for Power Line in West Virginia Allegheny, AEP Remain Committed to Project and 2014 In-Service Date November 4, 2009 -- Allegheny Energy (NYSE: AYE ) and American Electric Power (NYSE: AEP ) announced today that their affiliates have filed a response to a motion by the Staff of the West Virginia Public Service Commission ( PSC ) to dismiss an application to build the Potomac-Appalachian Transmission Highline ( PATH ). In today's filing, the PATH applicants agree to postpone a decision in West Virginia if a satisfactory extension of the current procedural schedule is established. The applicants also indicated that a similar request would be filed with the Virginia State Corporation Commission. Requests for revised procedural schedules in West Virginia and Virginia - combined with a decision in the near future to seek approval for the Maryland segments of PATH - would effectively align the proceedings in the three states. It also would enable the project to meet its required in-service deadline in 2014. In September, the Maryland commission ruled that procedurally, The Potomac Edison Company, an Allegheny Energy subsidiary, may not seek authorization to construct PATH on behalf of its affiliate, PATH Allegheny Transmission Company, LLC. Citing the project's uncertainty in Maryland , commission staffs in Virginia and West Virginia last month requested dismissal, without prejudice, of the PATH application. In response to the staff motions, PATH reiterated that the overall project route and eastern terminus at the proposed Kemptown substation near New Market, Md. , remain unchanged. Allegheny Energy and American Electric Power, partners in the joint venture to build the 280-mile multi-state transmission line, remain committed to the PATH project. According to the most recent analysis by regional grid operator PJM Interconnection, PATH is needed by June 2014 to resolve reliability concerns on the existing system. For more information on the project, including maps and full state applications, please visit the project Web site at www.pathtransmission.com. This message was sent from PATH News to fyoung(a)mountain.net. It was sent from: PATH, 800 Cabin Hill Drive , Greensburg, PA 15601 . You can modify/update your subscription via the link below. Email Marketing by Manage your subscription

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MD Sierra Club newsletter all about transmission lines
by Frank Young 03 Nov '09

03 Nov '09

The latest newsletter of the Maryland Sierra Club is all about transmission lines. http://maryland.sierraclub.org/newsletter/

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Fwd: A new month, and a new chance to tell your story
by Paul Wilson 02 Nov '09

02 Nov '09

fyi, paul ---------- Forwarded message ---------- From: West Virginia News Service WVNS <wvnsnews(a)gmail.com> Date: Mon, Nov 2, 2009 at 1:54 PM Subject: A new month, and a new chance to tell your story To: Hi Folks, November is here, bringing with it more chances for WVNS to tell your stories. If you have anything you think is newsworthy, let me know. Even if you think it might be a little too small for statewide attention, go head and pitch it. Together we might be able to find a way to get something good out of it. After all, it couldn't be any less newsworthy the balloon-boy hoax, and look at all the attention that got. But on a more serious note, health care, global warming and the economy are all important national issues that we have covered by looking for local angles. And all of those will continue to be worth attention. So, if you have something related to one of them (or even something unrelated) definitely let me know. drh -- West Virginia News Service (WVNS) Toll Free: 1-800-317-6705 Fax: 540-301-0801 E-mail: wvns(a)publicnewsservice.org -- 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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Fwd: Click on your state below to find out what the Beyond Coal campaign is doing near you.
by Paul Wilson 30 Oct '09

30 Oct '09

click on the link below. pretty cool. paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Thu, Oct 29, 2009 at 5:25 PM Subject: Click on your state below to find out what the Beyond Coal campaign is doing near you. To: COAL-CAMPAIGN-FORUM(a)lists.sierraclub.org Please check out and circulate this really cool new feature on our homepage: state based beyond coal information. http://sierraclub.org/coal/ Verena - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-FORUM list, send any message to: COAL-CAMPAIGN-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- 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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Re: [EC] new film on gas drilling
by Paul Wilson 29 Oct '09

29 Oct '09

BullFrog Films just announced the release of the film "Split Estate" which maps a tragedy in the making as citizens in the path of a new drilling boom in the West struggle against the erosion of their civil liberties. You can find more info at their website: www.bullfrogfilms.com cheers, paul -- 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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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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