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Longview Power Chapter 11 Bankruptcy
by Duane 02 Nov '13

02 Nov '13

UPDATE: Judge OKs Longview retention plan Program to help company keep some employees BY ALEX LANG, The Dominion Post, November 1, 2013 A federal judge has given the OK for Longview Power LLC to create a fund to pay some employees as part of a retention program. U.S. Bankruptcy Court for the District of Delaware Judge Brendan L. Shannon issued an order Tuesday authorizing the retention program for the organization. The order takes effect immediately. Earlier this year, Longview Power filed for Chapter 11 bankruptcy. The organization’s main asset is the Longview Power Plant located in Maidsville. Affiliate companies were also included in the bankruptcy filing. During the process, Longview asked for the OK to create a retention program for certain employees as an incentive for them to stay with the plant during the bankruptcy proceedings. Longview argued that there was a significant risk for employee attrition that could disrupt the business. The company asked the court to create a pool of $3.7 million for the retention program. In total, 126 employees would be eligible for the program. The average award would be almost $30,000 with a cap at $77,250. The payments would be made in increments with employees receiving the first 25 percent after six months. The next 25 percent would occur six months after that and the final 50 percent at 18 total months.

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Study shows PM1 air pollution is most harmful
by Duane 29 Oct '13

29 Oct '13

http://usa.chinadaily.com.cn/china/2013-10/28/content_17061997.htm Study shows PM1 air pollution is most harmful By Wang Hongyi in Shanghai (China Daily), October 28, 2013 A recent study led by Chinese scientists shows a strong link between smaller air pollution particles and a range of serious health conditions. Scientists said the smaller the airborne particles, the more likely they are to cause illness, suggesting the need for monitoring of particulate matter of 1 micron or less in diameter — a category of pollution rarely monitored. In recent years, many locations across the country have been blanketed with heavy air pollution, raising concerns for public health. Among the main categories of pollutant measured is PM2.5, which can enter the respiratory system and contribute to a range of illnesses, including cardiovascular disease. Now, in a new study published in the public health journal Environmental Health Perspectives, researchers from the School of Public Health at Fudan University in Shanghai have demonstrated correlations between PM2.5 pollution and the incidence of particular illnesses. Researchers spent about two years collecting data in a medium-sized city in northern China, measuring the levels of particulate matter in 23 size categories ranging from 0.25 microns to 10 microns. They then plotted the health conditions of residents in the city against the concentrations of particles of different sizes found in their locations. Among the key findings was that those areas with larger concentrations of smaller particles showed higher incidences of particular illnesses. "Our study, based on epidemiological investigation, showed that fine particles in the air measuring between 0.25 to 0.5 microns in diameter have a closer relationship to human health, especially an increased risk of cardiovascular diseases," said Kan Haidong, a professor at the School of Public Health at Fudan University. The fine particles measuring between 0.25 to 0.5 microns in diameter accounted for about 90 percent of the total number of particles found in the air during the study. Kan said the smaller the particle, the higher the concentration in any given volume of air and so the greater the number of particles coming into contact with tissues inside the human body. "Besides that, there may also be a relationship with the settlement of particles of different diameters in the lower respiratory tract." Kan said. Kan said the smaller particles can also pass through the blood-air barrier in the lungs, entering the blood as toxins, and causing cardiovascular disease. Larger particles are not able to pass through the blood-air barrier so easily. He also said that smaller particles in the body can harm the regulation of the human nervous system. Among the conclusions of the research is that the smaller the particle size, the more danger the pollution poses to public health, suggesting that more research is needed on PM1 pollution — particles of 1 micron or less in diameter. "The significance of the study is that it has provided a new direction for the prevention and control of atmospheric pollution," Kan said. "What we need to focus on is particles of smaller sizes, rather than PM2.5." Some scientists have already suggested more studies on PM1 pollution, citing its potential role in causing illness on a large scale. "In Shanghai, for example, about 80 to 90 percent of the mass concentration of the city's PM2.5 is PM1. So it would be more effective to carry out studies on PM1 than PM2.5," said Yang Xin, professor at the Department of Environmental Science and Engineering at Fudan University. PM2.5 is the main category of pollution monitored by government departments. Yang said he has already approached government departments on the environment and related fields to suggest monitoring of PM1 levels, but he has yet to receive a response. Duane Nichols, Cell- 304-216-5535, www.FrackCheckWV.net

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Longview Power Wins Delay in Court Fight With Contractors
by Duane 19 Oct '13

19 Oct '13

http://www.nasdaq.com/article/longview-power-wins-delay-in-court-fight-with… Longview Power Wins Delay in Court Fight With Contractors By Peg Brickley, Dow Jones News Service, October 9, 2013 Longview Power LLC Wednesday won a one-month delay in a showdown with contractors, after telling a bankruptcy judge there's hope of a settlement in long-running disputes. Judge Brendan Shannon said he would "reluctantly" push off until November 12th a court fight over cash between the troubled West Virginia plant operator and contractors that helped build the $2 billion facility. The cash fight that has consumed weeks of attorney time, the judge warned, won't make or break Longview's chances of a turnaround. He urged the combatants to focus on the larger questions of how to revamp a $1.2 billion debt load in Chapter 11 while fixing the technical troubles that have plagued the facility. "This case presents a need for both operational and financial restructuring in Chapter 11," Judge Shannon said at a hearing in the U.S. Bankruptcy Court in Wilmington, Del. "The case needs to move forward." After years of battling over who's to blame for the plant's flaws, there is now "some movement toward a consensual resolution," Dentons's Philip R. White, an attorney for Longview, told Judge Shannon. Mr. White argued for an adjournment to help talks play out, over the opposition of contractors, subsidiaries of Norwegian construction company Kvaerner ASA (KVAER.OS); Siemens Energy Inc., a unit of Siemens AG ( SI ); and German engineering firm Foster Wheeler AG ( FWLT ). The contractors pushed instead for a fast hearing on who controls some $58 million worth of letters of credit. Longview says it's entitled to access the money to keep going and warns it may be down to its last $1 million by the end of November. That estimate depends on the plant operating well, something that nobody can count on, giving the history of issues that have kept Longview operating at below-capacity levels. Secured lenders are backing Longview in the fight with contractors and hoping to persuade the bankruptcy judge to take on the question of the letters of credit, rather than leaving the matter up to a panel of construction industry arbitrators. Longview filed for Chapter 11 protection August 30th, with an arbitration involving the contractors in full swing. Contractors want the arbitration to continue, but secured lenders say that the non-court process excludes creditors. Longview, which operates a 700-megawatt coal-powered plant in Maidsville, West Virginia, is the largest privately funded project in West Virginia history. It began operations in December 2011, providing power to the Pennsylvania, New Jersey and Maryland markets.

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Longview Bankruptcy Continues
by Duane 09 Oct '13

09 Oct '13

UPDATE ON CHAPTER 11 BANKRUPTCY Longview: Must keep employees --- Seeks judge’s OK to set up retention fund BY ALEX LANG, The Dominion Post, October 9, 2013 Longview Power LLC is asking a judge to allow it to create a pool of $3.7 million for a retention program designed to help prevent the loss of some knowledgeable employees who could leave due to uncertainty with the bankruptcy process. Longview made the request in a Monday court filing in U.S. Bankruptcy Court for the District of Delaware. In late August, Longview Power filed for Chapter 11 bankruptcy. One of the company’s main assets is the Longview Power Plant in Maidsville. The employees are the lifeblood of the business, according to the filing. In many cases, the employees are highly trained and can’t be easily replaced. Longview stated in the filing, it believes there is significant risk for employee attrition that could disrupt the business. There is a fear that employees might leave because of their unfamiliarity with the bankruptcy process. Longview would like to keep the employees based on the nature of the business and the fact that new employees have to undergo extensive training. The retention program will cost less than recruiting and training replacement employees, the filing argues. MEPCO also relies on a core group of highly trained employees. MEPCO, a Longview affiliate, is included in the bankruptcy filing. According to the filing, 126 MEPCO and Longview employees would be eligible and the average award would be $29,646, with the max- imum set at $77,250. This is in addition to salaries. The payments will be made during 18 months, with the employee receiving 25 percent of total payment after six months, another 25 percent after 12 months and the final 50 percent after 18 months. Participants will be able to keep cash payments if they are employed by Longview at each one of the benchmarks or they are terminated without cause. The program will cover about 20 percent of employees. Not included in the program are Longview officers, any employee who reports to the Longview board or manager, is appointed directly by the board or those who have managerial control of Longview’s operations. Companies and individuals who want to object to the program have to file by Oct. 21 and a hearing is scheduled for Oct. 28. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>.........................<<<<<<<<<<<<<<<<<<<<<< Citizens’ group to fight Harrison power plant deal WV News and Associated Press, October 9, 2013 West Virginia Citizen Action Group said Tuesday it will appeal the state’s approval of a $1.1 billion deal for the sale of the Harrison Power Station, arguing the value of the coal-fired plant is inflated by some $257 million. The Public Service Commission approved the transaction late Monday, saying it would reduce Mon Power rates by $16 million a year. The deal involves Ohio-based FirstEnergy subsidiaries Mon Power and Potomac Edison, and affiliate Allegheny Energy Supply. Mon Power would buy the remaining 80 percent of the 1,984-megawatt plant that it does not currently own. In exchange, Mon Power would sell 8 percent of its interest in the Pleasants Power Station to Allegheny Energy Supply. In his dissent, Commissioner Palmer said the attempt by Commissioners Albert and McKinney to "shield ratepayers is commendable, but somewhat ineffective," noting that the wholesale market sales margins being used in the majority's conditions would have already been used to lower the other portions of the rates Mon Power customers pay. "The companies characterize the Harrison acquisition as a financial hedge against the wholesale market," Palmer wrote. "The majority supports its decision that the transaction as modified is in the public interest by describing [their additional conditions] as a hedge against Mon Power owning a large coal-fired plant. "Either hedge, however, comes at a time when capacity prices on the wholesale market are at historically low levels," Palmer wrote. "Rushing into the expensive, long-term commitment ... without a more thorough evaluation of other options, including the potential construction of a new natural gas combined cycle plant or the acquisition of part or all of an existing natural gas-fired power plant, is unreasonable." (So the WV PSC appears to be protecting WV coal at the expense of electricity users.) Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Ocean acidification due to carbon emissions is at highest for 300 million years
by Duane 05 Oct '13

05 Oct '13

http://www.theguardian.com/environment/2013/oct/03/ocean-acidification-carb… Ocean acidification due to carbon emissions is at highest for 300 million years | Environment | The Guardian By Fiona Harvey in Kiel The Guardian, Wednesday 2 October 2013 The oceans are more acidic now than they have been for at least 300m years, due to carbon dioxide emissions from burning fossil fuels, and a mass extinction of key species may already be almost inevitable as a result, leading marine scientists warned on Thursday. An international audit of the health of the oceans has found that overfishing and pollution are also contributing to the crisis, in a deadly combination of destructive forces that are imperilling marine life, on which billions of people depend for their nutrition and livelihood. In the starkest warning yet of the threat to ocean health, the International Programme on the State of the Ocean(IPSO) said: "This [acidification] is unprecedented in the Earth's known history. We are entering an unknown territory of marine ecosystem change, and exposing organisms to intolerable evolutionary pressure. The next mass extinction may have already begun." It published its findings in the State of the Oceans report, collated every two years from global monitoring and other research studies. Alex Rogers, professor of biology at Oxford University, said: "The health of the ocean is spiralling downwards far more rapidly than we had thought. We are seeing greater change, happening faster, and the effects are more imminent than previously anticipated. The situation should be of the gravest concern to everyone since everyone will be affected by changes in the ability of the ocean to support life on Earth." Coral is particularly at risk. Increased acidity dissolves the calcium carbonate skeletons that form the structure of reefs, and increasing temperatures lead to bleaching where the corals lose symbiotic algae they rely on. The report says that world governments' current pledges to curb carbon emissions would not go far enough or fast enough to save many of the world's reefs. There is a time lag of several decades between the carbon being emitted and the effects on seas, meaning that further acidification and further warming of the oceans are inevitable, even if we drastically reduce emissions very quickly. There is as yet little sign of that, with global greenhouse gas output still rising. Corals are vital to the health of fisheries, because they act as nurseries to young fish and smaller species that provide food for bigger ones. Carbon dioxide in the atmosphere is absorbed by the seas – at least a third of the carbon that humans have released has been dissolved in this way, according to the Intergovernmental Panel on Climate Change – and makes them more acidic. But IPSO found the situation was even more dire than that laid out by the world's top climate scientists in their landmark report last week. In absorbing carbon and heat from the atmosphere, the world's oceans have shielded humans from the worst effects of global warming, the marine scientists said. This has slowed the rate of climate change on land, but its profound effects on marine life are only now being understood. Acidification harms marine creatures that rely on calcium carbonate to build coral reefs and shells, as well as plankton, and the fish that rely on them. Jane Lubchenco, former director of the US National Oceanic and Atmospheric Administration and a marine biologist, said the effects were already being felt in some oyster fisheries, where young larvae were failing to develop properly in areas where the acid rates are higher, such as on the west coast of the US. "You can actually see this happening," she said. "It's not something a long way into the future. It is a very big problem." But the chemical changes in the ocean go further, said Rogers. Marine animals use chemical signals to perceive their environment and locate prey and predators, and there is evidence that their ability to do so is being impaired in some species. Trevor Manuel, a South African government minister and co-chair of the Global Ocean Commission, called the report "a deafening alarm bell on humanity's wider impacts on the global oceans". "Unless we restore the ocean's health, we will experience the consequences on prosperity, wellbeing and development. Governments must respond as urgently as they do to national security threats – in the long run, the impacts are just as important," he said. Current rates of carbon release into the oceans are 10 times faster than those before the last major species extinction, which was the Paleocene-Eocene Thermal Maximum extinction, about 55m years ago. The IPSO scientists can tell that the current ocean acidification is the highest for 300m years from geological records. They called for strong action by governments to limit carbon concentrations in the atmosphere to no more than 450 parts per million of carbon dioxide equivalent. That would require urgent and deep reductions in fossil fuel use. No country in the world is properly tackling overfishing, the report found, and almost two thirds are failing badly. At least 70 per cent of the world's fish populations are over-exploited. Giving local communities more control over their fisheries, and favouring small-scale operators over large commercial vessels would help this, the report found. Subsidies that drive overcapacity in fishing fleets should also be eliminated, marine conservation zones set up and destructive fishing equipment should be banned. There should also be better governance of the areas of ocean beyond countries' national limits. The IPSO report also found the oceans were being "deoxygenated" – their average oxygen content is likely to fall by as much as 7 per cent by 2100, partly because of the run-off of fertilisers and sewage into the seas, and also as a side-effect of global warming. The reduction of oxygen is a concern as areas of severe depletion become effectively dead. Rogers said: "People are just not aware of the massive roles that the oceans play in the Earth's systems. Phytoplankton produce 40 per cent of the oxygen in the atmosphere, for example, and 90 per cent of all life is in the oceans. Because the oceans are so vast, there are still areas we have never really seen. We have a very poor grasp of some of the biochemical processes in the world's biggest ecosystem." The five chapters of which the State of the Oceans report is a summary have been published in the Marine Pollution Bulletin, a peer-reviewed journal.

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Fuel Exhaust Disrupts Scent Signals for Honeybees
by Duane330＠aol.com 05 Oct '13

05 Oct '13

http://news.nationalgeographic.com/news/energy/2013/10/131003-fuel-exhaust-s cent-disrupts-signals-honeybees/ Fuel Exhaust Disrupts Scent Signals for Honeybees Article by Helen Thompson for National Geographic, October 3, 2013 To a bee, no two flowers smell quite the same. When honeybees forage for flowers, they search for, learn, and memorize distinctive floral scents and return to the hive to tell other bees what they’ve found through their famous_ waggle dance_ (http://video.nationalgeographic.com/video/animals/bugs-animals/bees-and-was…) . It is an important ritual that is being disrupted by one of the most pervasive forms of air pollution—diesel exhaust—according to a new study_ published Thursday_ (http://dx.doi.org/10.1038/srep02779) in Scientific Reports. The research pinpoints the mechanism by which the fuel-combustion pollutants degrade certain chemicals in floral odors. The absence of those chemicals affects honeybees’ ability to recognize the scent. (See related quiz: “ _What You Don’t Know About Cars and Fuel_ (http://environment.nationalgeographic.com/environment/energy/great-energy-c…) .”) Engine exhaust is hardly the only threat facing the honeybee. It is well recognized that exposure to multiple pesticides can impair bees’ olfactory skills, while ground-level ozone, or smog, and ultraviolet (UV) radiation can also degrade floral odor compounds that bees pick up on. Authorities around the globe are grappling with how to address the little-understood cyclical diseases that are causing colonies to dwindle. (See related, “_The Plight of the Honeybee_ (http://news.nationalgeographic.com/news/2013/13/130510-honeybee-bee-science…) .”) The new study offers insight into the specific hazard for pollinators from the fumes from cars, trucks, trains, ships, and heavy machinery. Significantly, the study indicates that honeybees haven’t been helped by the "cleaner" diesel now used in Europe and the United States due to regulations that over the past decade removed sulfur from the fuel. The researchers used ultra-low-sulfur diesel fuel in their experiment. (See related: “_Pictures: Cars That Fired Our Love-Hate Relationship With Fuel_ (http://news.nationalgeographic.com/news/energy/2012/05/pictures/120524-hist… ncy/) .”) Odor Cues Thousands of chemical compounds contribute to flower odors, so honeybees (Apis mellifera) need a discerning sense of smell. “A honeybee might see a red flower, and say oh is this a flower that I want to visit, and [it] uses odor cues to figure out if it’s worth visiting,” said_ Quinn McFrederick_ (http://www.fresnostate.edu/csm/biology/fac-staff/faculty/mcfrederick.html) , an ecologist at Fresno State University in California. Odor cues can tell bees which flowers have the most nutritious nectar and pollen for harvesting. Scientists have long thought that_ air pollution masked these key floral scents_ (http://www.sciencedirect.com/science/article/pii/S1352231007011545) , but the new study provides evidence of how the exhaust actually changed the chemical composition of the odors. Using an odor palette from a common target for honeybees, oilseed rape flowers (Brassica napus), a research team at the University of Southampton in the United Kingdom exposed the compounds to diesel fumes from a generator fueled by ultra-low-sulfur diesel. Almost immediately, the diesel fumes started breaking down two of the flower odor compounds: farnesene and terpinene. After training honeybees recognize the flower scent, the researchers removed both degraded compounds from the mix. “To our surprise, really, we saw that even changes in one of the very minor constituents of the mixture caused a major change in the responsiveness of the bee to the smell,” said_ Tracey Newman_ (http://www.southampton.ac.uk/medicine/about/staff/tan.page) , a neurobiologist at the University of Southampton and a co-author of the study. The researchers said one component of diesel exhaust takes the blame for this degradation: NOx gases, compounds that contain both nitrogen and oxygen, reacting with volatile floral odors. Although the scientists used diesel fuel, which powers the majority of cars in Europe and nearly all heavy vehicles around the world, NOx gases also are emitted by gasoline, or petrol, and even alternative fuels like biodiesel and ethanol. (See related, “ _Biofuel at a Crossroads_ (http://environment.nationalgeographic.com/environment/energy/great-energy-c…) .”) “The bottom line is I don’t think one can start pointing one’s finger at biodiesel, diesel, or petrol,” said_ Guy Poppy_ (http://www.southampton.ac.uk/biosci/about/staff/gmp.page) , an ecologist and co-author on the study. It’s a larger issue with internal combustion engines, he said. Both the _United States_ (http://www.epa.gov/oar/nitrogenoxides/) and the _European Union_ (http://ec.europa.eu/environment/air/quality/standards.htm) use nitrogen dioxide (NO2) levels as a proxy for all NOx gases and have set limits for the amount of NO2 in the air, but not for nitric oxide (NO) levels. Poppy said, “These are the sorts of emissions that are sometimes left out from the discussions about climate change because these emissions are not ones as heavily associated with greenhouse gases.” (See related “ _Pictures: A Rare Look Inside Carmakers’ Drive for 55 MPG_ (http://news.nationalgeographic.com/news/energy/2012/08/pictures/120817-auto… pg/) .”) Flower Chemistry Oilseed rape flowers aren’t the sweetest smelling blooms. “They’re actually a bit stinky,” Newman said. But, their odors are very well understood, and these two degraded compounds appear to be a key element of odor communication for bees. Other bee species and other pollinators rely even more heavily on scent over longer distances. So, the findings could have major implications for other pollinators as well, said McFrederick, who was not affiliated with the study. Interestingly, the degraded compounds in this experiment were present only at low levels, and removing terpinene by itself led to a significant decline in bee recognition in the experiment. “That suggests that that in some way kicks off a particular pathway in the odor perception abilities of the animal,” said Newman. The researchers’ next step is to look at the impact of diesel on the honeybee nervous system. How will these findings play out in the real world? “The study clearly illustrates that airborne pollution can perniciously impact the ability of bees to locate food,” said _Jose Fuentes_ (http://ploneprod.met.psu.edu/people/juf15) , a meteorologist at Penn State University who was not associated with the study. Fuentes spelled out two cautions: The experimental levels of pollutants were high even for urban rush hour; and the impact of the NOx gases might actually be an indirect one. That’s because NOx gases notoriously react with air and sunlight to make ground-level ozone, or smog, which may be the actual culprit in disrupting the floral odor compounds. Urban environments expose honeybees and flowers to more diesel exhaust, but there are many important factors affecting the success of hives. The kind of neighborhood gardens found in urban and suburban areas also might provide bees with longer lasting food sources than in rural areas. Field studies could shed more light on the impact of air pollution. “What we need to know is [for] a flower sitting in a field next to a car in a motorway, whether there actually is going to be a plume of smell coming from that flower and whether it’s going to be significantly affected because of the exhaust fumes,” said Poppy. The worst-case scenario would be to find a drastic reduction in honeybee foraging and pollination. While it’s unclear how much impact diesel pollutants might have on pollination, the new study indicates that exhaust should be added to a growing list of known threats. “Honeybees living in a modern world face many stresses,” including diseases, insecticides, and atmospheric pollutants, Poppy said. “Probably bees can cope with most of these stresses in isolation or when just two or three of them come together. But, when they all come together simultaneously, one might start to see significant effects and that might explain some of the things we’re seeing … with pollinators being lost around the world.” =

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Transactions Fee Proposed for R & D Funding: UPDATE
by Duane 04 Oct '13

04 Oct '13

WV’s Mountain Party accepts challenge from Coal Lobby; Proposes Transactions Fee to Fund Environmental R & D At the FRIENDS OF COAL FORUM in Martinsburg, WV on 4 September 2013, Mr. Chris Hamilton of the WV Coal Association publicly challenged anyone "to debate or engage in lively discussion" in response to a question about the environmental and safety record of WV Coal, which came from an unidentified member of the public at the time. Hamilton’s challenge was promptly accepted by Daniel Lutz, 16th District State Executive Committee Representative of the Mountain Party of West Virginia. At the time, Hamilton promised to "consider this response." Lutz also handed a written acceptance of that challenge to WV Coal Association President Bill Raney. Mr. Lutz also asked if coal industry leaders would consider supporting a Transactions Fee upon all electronic and exchange traded financial instruments, a portion of which monies (20% proposed), would be earmarked for the equivalent of a MANHATTAN PROJECT-style national program focused upon energy self sufficiency within 5 years. Lutz’s proposal includes using the generated funds to research and develop the highest and best uses of coal, and tackling long standing environmental concerns associated with the coal industry. Still at the podium, Hamilton attempted to laugh off Lutz’s question, exclaiming "that is above my pay grade!" Attorney and Coal Industry lobbyist Gene Trisko, advised Hamilton that "this man may have given us exactly what we need, a mechanism to fund our research and development. I suggest we look closer at this proposal." One month has passed since the Mountain Party accepted the challenge. The MOUNTAIN PARTY of West Virginia stands ready to engage in a MOUNTAIN FORUM to present a "debate or lively discussion" of the issues facing WV and the Energy Industry. To date, no response has come from the WV COAL ASSOCIATION, or the operators it represents. Contact: Daniel P. Lutz, District 16 - Executive Committee Rep., Mountain Party of WV Phone 304-886-5771 - E-mail - p.lutz007(a)gmail.com Issued by: Tom Rhule, Communications Director - phone 304 989 1629 - E-mail - mountainpartywv(a)gmail.com

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Next Longview Power Bankruptcy Hearing on October 7th
by Duane330＠aol.com 04 Oct '13

04 Oct '13

Longview Working on Balance Sheet Fix as Cash Fight Looms By Dow Jones Business News, September 25, 2013 Longview Power LLC is plowing ahead with plans to fix its plant and its balance sheet as it prepares to battle contractors over cash, Kirkland & Ellis LLP's Ray Schrock told a bankruptcy judge Wednesday. "The company greatly needed the breathing spell afforded by Chapter 11," Mr. Schrock said at a hearing before Judge Brendan Shannon, who is overseeing the West Virginia power plant's Chapter 11 proceeding. The Aug. 30 bankruptcy petition froze action against Longview involving a fight over who's to blame for the plant's operational troubles. Talks with secured lenders have begun, and the company last week recovered from the latest in the series of unplanned outages that have plagued the operation, Mr. Schrock said. Once the boiler tube leaks are repaired, "after that it's a simple--or maybe not so simple--matter of fixing the balance sheet," Mr. Schrock said. Built at a cost of $2 billion, the Longview plant is carrying a $1.2 billion debt load, more than it can service given the issues that have kept it operating at about two-thirds of its capacity. The bankruptcy filing followed an extended struggle with subsidiaries of Norwegian construction company Kvaerner ASA (KVAER.OS); Siemens Energy Inc., a unit of Siemens AG ( _SI_ (http://www.nasdaq.com/symbol/si) ); and German engineering firm Foster Wheeler AG ( _FWLT_ (http://www.nasdaq.com/symbol/fwlt) ). While arguing with Longview and with each other over who is to blame for Longview's alleged design flaws, the contractors recently hit the power plant operation with a barrage of motions designed to keep it from tapping $59 million in letters of credit. Judge Shannon has scheduled an Oct. 7 hearing in the U.S. Bankruptcy Court in Wilmington, Del., to weigh evidence on Longview's contention it needs the money from the letters of credit to survive. He will also consider arguments from the contractors who want an arbitration proceeding to continue, in spite of the bankruptcy filing. According to the contractors, Longview improperly resorted to Chapter 11 to escape arbitration. The company's responses to the accusations are due to be filed within days. Wednesday, Longview's lawyers grappled with lawyers for the contractors over how much probing should be permitted in advance of the Oct. 7 hearing, which will be crucial to the power plant's hopes for a turnaround. Kvaerner intends to "attack" Longview's budget and attempt to prove it is "inflated," said Dorsey & Whitney LLP's Eric Lopez Schnabel. The contractor is pushing for information from the lenders, as well as from the company, about Longview's financial condition and where the bankruptcy case is headed. That's going too far, Longview said, for a hearing where the fundamental question will be whether the company exercised appropriate business judgment when it put together its budget. The budget will be filed Friday. Additionally, the contractors will challenge whether the bankruptcy court has jurisdiction over the letters of credit because they aren't Longview's property. A 700-megawatt coal-powered plant located in Maidsville, W. Va., Longview is the largest privately funded project in West Virginia history. It began operations in December 2011, providing power to the Pennsylvania, New Jersey and Maryland markets. (Dow Jones Daily Bankruptcy Review covers news about distressed companies and those under bankruptcy protection. Go to http://dbr.dowjones.com)

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New Consumer Advocate @ WV Public Service Commission
by Duane 26 Sep '13

26 Sep '13

WV Public Service Commission makes Jacqueline Lake Roberts Consumer Advocate Updated: Sep 11, 2013 3:34 PM EDT The Public Service Commission of West Virginia issued an order Sept. 11 appointing Jacqueline Lake Roberts the new director of the Consumer Advocate Division. The CAD represents consumers to the commission. Roberts currently is deputy consumer advocate, and has previously served as the senior manager of regulatory affairs and public policy for EnerNOC Inc. where she was responsible for state regulatory matters, commission proceedings, litigation, legislative issues for a nine-state region and regional transmission issues in MISO and PJM. Roberts also served as an assistant consumer counsel for the Ohio Consumer Counsel and as executive director and president of the Public Utility Police Institute in Concord, New Hampshire. Roberts is admitted to practice law before the United States Supreme Court and the Bar of the Supreme Courts of West Virginia, Ohio, New Hampshire, Vermont and Nevada. She replaces Byron Harris, who started working with the CAD in 1982 and has been its director since 2007. PSC Chairman Mike Albert said the PSC is "pleased to make this appointment." "We have great confidence in Ms. Roberts' ability as a litigator and feel she will continue the effective leadership of the Consumer Advocate Division," Albert said in a news release Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Hatfields Ferry is closing?
by Paula Hunt 17 Sep '13

17 Sep '13

Hi Sandy/Andrew (and everyone), Did I read your post correctly: Hatfields Ferry is closing? I didn't know that ... Thanks to you, Duane, Julieann, and other for keeping us informed - paula At 9/13/2013 11:20 PM, you wrote: >It will be interesting to see what restructuring the court comes up >with. I wonder if it is possible that they might split the coal >operation back out to separate company. Also, I'm wondering about >the market for Mepco's coal. Some of their coal currently has been >going to the Masontown plant which FirstEnergy is planning to close >in October. I wonder if that will affect the economics of Mepco's operations... > > >On Fri, Sep 13, 2013 at 7:16 PM, Duane ><<mailto:duane330@aol.com>duane330(a)aol.com> wrote: >P.S. After some 30 days of continuous operation, the Longview Power >Plant came to a screeching halt around 3:30 pm today, Friday the >13th of September in 2013. DGN > > >A Closer Look at the Longview Power Bankruptcy > > > > > >By ><http://www.foxrothschild.com/attorneys/l-jason-cornell.html>Jason >Cornell on September 8, 2013 Posted in ><http://delawarebankruptcy.foxrothschild.com/articles/bankruptcy-case-summar…>Bankruptcy >Case Summaries

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