MVCAC September 2014

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Is our WV PSC serving me & you, or is it tied to the political interest of the Governor's office!
by Duane 17 Sep '14

17 Sep '14

Bill Howley: Independence is key to new PSC appointment By Bill Howley West Virginia PSC Commissioner Ryan Palmer is leaving the PSC in mid-September. At the same time Palmer’s decision was released to the press, Chairman Mike Albert announced that he was removing himself from the PSC’s general investigation of West Virginia American Water Co.’s response to contamination of its water supply by Freedom Industries. The combination of Palmer’s leaving and Albert’s recusal will not affect other cases before the PSC, but Palmer’s departure is significant for another reason. Commissioner Palmer was the only one of the three commissioners without any ties to large out-of-state corporations doing business in West Virginia. These corporations, such as Akron-based FirstEnergy, St. Louis-based Monsanto Corp. and New Jersey-based American Water Works (owner of West Virginia American Water) have significant impacts on our PSC’s decisions. Albert, as he described in a recent PSC order, was an attorney at the Jackson Kelly law firm. He personally represented West Virginia American Water Co. for three decades in front of the same PSC he now chairs. In 2007, shortly after he was appointed to his first term as chairman by former Gov. Manchin, Albert also had to recuse himself from the TrAIL transmission line case, because he had personally worked on Allegheny Energy’s application to the PSC for approval of that line. In 2012, Allegheny Energy was swallowed by FirstEnergy in a merger. Jackson Kelly continues to represent FirstEnergy before the West Virginia PSC. Commissioner Jon McKinney, the only commissioner left to conduct the PSC’s water company investigation, was for many years an executive of Monsanto Corp. at its South Charleston plant. Monsanto, which recently settled a case concerning chemical contamination of the neighborhood around that plant, is a significant player in water quality issues on the Kanawha River. Many of those water issues may have some bearing on West Virginia American Water’s lack of a secondary intake on the Kanawha River. Back in 2011, when McKinney’s six-year term expired, Gov. Tomblin failed to act to either reappoint him to a new six-year term or to appoint a replacement to a new term. Citizens sent large numbers of letters to Gov. Tomblin in 2011 encouraging him to appoint former PSC general counsel and experienced utility attorney Robert Rodecker to replace Jon McKinney, but Gov. Tomblin ignored those requests. Instead, McKinney has continued on the PSC, and his position has effectively been turned into an at-will seat. Gov. Tomblin now has complete control over whether Commissioner McKinney stays or goes, because Mr. McKinney is now serving on a day-to-day basis. McKinney’s situation violates the Legislature’s intent in setting six-year terms for PSC commissioners. Once an appointment is made, the six-year term is designed to provide a measure of independence to PSC commissioners, who effectively act as judges in ruling on utility rates and practices. McKinney has lost that independence as a result of Gov. Tomblin’s failure to act as the Legislature requires. Commissioner Palmer’s term would have ended in June 2015. If Gov. Tomblin acts quickly to appoint a replacement, there is a possibility that the new commissioner would be able to become an effective participant in the water company investigation, which is still in its early stages. Few candidates are as qualified to serve out the remainder of Palmer’s term as Robert Rodecker. There are other qualified candidates who are not tied in some way to the corporate interests regulated by the PSC. The independence and expertise that Palmer brought to the position should be the governor’s main criteria for the appointment of a new commissioner. In the past, governors made PSC appointments without public involvement or explanation. Now, and in the future, we need to have open, public discussion of candidates and their qualifications. West Virginia deserves better than back-room deals for a regulatory commission that reaches so deeply into the lives (and pockets) of the people of our state. Howley is a small business owner in Chloe, West Virginia, and writes The Power Line, the View from Calhoun County about electric system issues in West Virginia. - See more at:http://www.wvgazette.com/article/20140917/ARTICLE/140919409#sthash.ZAMZQ… -- Thanks to Danny Chiotos of the Sierra Club.

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Tune In: 24 Hours Of Reality: 24 Reasons For Hope
by Duane 15 Sep '14

15 Sep '14

Join The Climate Reality Project September 16-17 as they share 24 reasons to be hopeful about solving the climate crisis. http://24hoursofreality.org?utm_source=shareemail&utm_medium=email&utm_camp… Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Flaring+Issues+Workshop+Announcement+9-16-14
by Duane 10 Sep '14

10 Sep '14

Deadline today for registration. WORKSHOP at WVU. $55. Duane Nichols, Cell- 304-216-5535, www.FrackCheckWV.net

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Fwd: [EC] Op-Ed in today's Gazette
by Duane 10 Sep '14

10 Sep '14

> From: James Kotcon <jkotcon(a)wvu.edu> > Date: September 10, 2014 12:12:48 PM EDT > To: Allan Tweddle <allantweddle(a)msn.com>, "cclwv(a)googlegroups.com" <cclwv(a)googlegroups.com> > Cc: Don GARVIN <dsgjr(a)aol.com>, Vivian Stockman <vivian(a)ohvec.org>, WVEC Email List <paradox(a)spectrumz.com>, John Barry <John.Barry(a)sierraclub.org>, Gary Zuckett CAG <garyz(a)wvcag.org>, Janet Keating <janet.ovec(a)gmail.com>, "Sierra Club Environmental Comm." <ec(a)osenergy.org> > Subject: Re: [EC] Op-Ed in today's Gazette > > Allan, et al. > > We are planning a forum on this topic at the WVEC Fall Convention (Oct. 17-19 at Cedar Lakes in Ripley). This will likely be on Saturday, Oct. 18. The meeting is joint with the WV Highlands Conservancy Fall review, and legislative strategies are the primary topic. I also hope to emphasize some state agency actions, as WV-DEP will need to propose a state implementation Plan to EPA under the proposed greenhouse gas standards for power plants in the Clean Power Plan. > > EPA is urging states to "think beyond the fence" to include energy efficiency, renewables, and fuel switching , something that DEP may not be inclined to do. I think that will mean a significant effort to get DEP (which regulates "inside the fence" pollution controls) to work with the WV-PSC (which would over see energy efficiency and other "outside the fence" activities). > > A key step may be to amend the horrible HB 4346 which limits DEP's authority to implement greenhouse gas standards. > > There may be other, more holistic approaches, but a lot of that may depend on whether the Democrats keep control of the WV House of Delegates, and whether we can defeat some of the most extreme climate deniers. > > Who will be joining us? > > Jim Kotcon > >

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Re: [MVCAC] Op-Ed in today's Gazette
by Duane 10 Sep '14

10 Sep '14

> From: Allan Tweddle <allantweddle(a)msn.com> > Date: September 10, 2014 10:22:28 AM EDT > To: "cclwv(a)googlegroups.com" <cclwv(a)googlegroups.com> > Cc: "cclwv(a)googlegroups.com" <cclwv(a)googlegroups.com>, Don GARVIN <dsgjr(a)aol.com>, Vivian Stockman <vivian(a)ohvec.org>, WVEC Email List <paradox(a)spectrumz.com>, John Barry <John.Barry(a)sierraclub.org>, Gary Zuckett CAG <garyz(a)wvcag.org>, Janet Keating <janet.ovec(a)gmail.com>, "Sierra Club Environmental Comm." <ec(a)osenergy.org> > Subject: Re: [EC] Op-Ed in today's Gazette > > Colleagues > > First, thank you Paul and Regan for your kind words. I'm better, but not 100% yet. > > I believe part of my condition is caused by the air quality of the area. As and engineer who is dealt with air quality issues for 50 years, including air sampling for pollution conditions around manufacturing operations all the way through to design and clean rooms, I am very familiar with the process and the technical details of air-quality. > > But I do not have the instruments or the support staff to evaluate air-quality here as I used to have and my career days in California and Ontario. > > I do know however that I have often driven near the railway tracks that charge through Charleston and seen, in the proper sunlight conditions, the fine particulate dust blowing off the railcars as they passed through town. I've inquired, but that's never been analyzed, never been measured and is an unknown. > > But one doesn't need sophisticated instruments to see that that dust is being dispersed all on the communities through which these trains, sometimes it very high speeds, traverse. > > That brings me to a point I want to make. Air-quality is definitely a local issue. The EPA can establish national standards, and the local agencies can then implement a plan to measure against those standards. But in my opinion the evaluation of very close proximity conditions in West Virginia are never taken into account unless the public rises up and demands them. > > That also applies to climate change. There is yet another article in the Charleston Gazette today describing how carbon dioxide levels in the upper atmosphere Have already passed 350 ppm last year and are approaching the 400 ppm. Scientists consider the 400 parts, if achieved on a consistent basis to be very seriously detrimental to life as we know it all over the planet including in West Virginia. > > Addressing the issue and pressing for action requires a strong voice here in West Virginia. And I personally believe the economic opportunities that exist for addressing climate change are out there and need to be described to our policy makers repeatedly. > > While CCL is working diligently at the national level to seek logical and incremental steps towards controlling climate change, given the political barriers, we must be doing more at the state level in my opinion. > > That is why I have proposed to WVEC, CAG, OVEC, and others that we come together and join forces to mount a single voice to address climate change in West Virginia. > > It is an issue that is complex and crosses all of the constituencies of the entire environmental movement in West Virginia. To be successful, the legislatures got to know that there is a large constituency, a coming together of all of the organizations, to force them to pay attention to not just the dangers of doing nothing, but of the economic opportunities that are out there for addressing climate change. > > if we can come together somewhere in sometime in October, and begin to develop a comprehensive plan, then we will be ready to present our thoughts to the legislature in January. > > But I must look to each of the leadership of the various organizations to talk to one another and decide where they would like to do this. > > However, I need to hear from the leadership of each of the organizations. Is there interest in coming together in the manner I am suggesting? Or is there an alternative concepts? > > I'd like to hear from the leadership to know if this is making sense, and if so let's plan a specific time and meet, probably here in Charleston, To begin thinking about how to plan and implement a new voice of reason for addressing climate change here in West Virginia. > > I can offer a venue for such a meeting that is easy and convenient to reach. I must ask for permission from Temple Israel for such a meeting, but I believe Rabbi would approve such a gathering as long as it's not on the Sabbath. > > Please, let me hear from you > > Allan Tweddle > >> On Sep 9, 2014, at 7:38 AM, Paul Epstein wrote: >> >>> Good work both of you! Hope you're feeling much better, Allan. >>> >>> >>> www.awarewv.org >>> Paul Epstein >>> 304.343.5074 >>> www.paulepstein.net >>> >>> On Tue, Sep 9, 2014 at 7:29 AM, Jim Probst <probstfurnituremakers(a)gmail.com> wrote: >>> It's been a good couple of days for Charleston CCL with Alan's excellent op-ed on Sunday and I got one published in today's paper. >>> http://www.wvgazette.com/article/20140909/ARTICLE/140909344/1134 >>> >>> >>> >>

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MVCAC September 2014