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City Council report tonight
by Dfvet＠aol.com 17 Aug '05

17 Aug '05

TO: MVCAC I've attached the outline of my presentation to City Council for your review.

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Meet: 22nd at Collins Ferry Road
by Duane330＠aol.com 15 Aug '05

15 Aug '05

THE NEXT GENERAL MEETING OF THE MONVALLEY CLEAN AIR COALITION WILL BE MONDAY, AUGUST 22nd, AT 3333 COLLINS FERRY ROAD IN THE SUNCREST AREA OF MORGANTOWN, AT THE HOME OF LARRY AND MARTHA SCHWAB. GATHER AT 6:30 TO SOCIALIZE AND MEET AT 7 PM. DO NOT WAIT TO BE ACTIVE. ........... Duane >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> News Release For Immediate Release: For more information please contact: August 12, 2005 Paula Hunt (304) 692-7588 Morgantown, WV Duane Nichols (304) 599-8040 ______________________________________________________________________________ ________________________________________________ LONGVIEW TAX BREAKS APPEALED TO SUPREME COURT A group of individuals and organizations based in Monongalia County, West Virginia has filed an appeal with the state Supreme Court regarding tax breaks given to the proposed 600 MW coal-fired Longview power plant. Citizens for Alternatives to Longview Power (CALP) was one of the non-profit groups along with other concerned citizens that filed a lawsuit in Monongalia County Circuit Court on October 9, 2003 over the “payment in lieu of taxes” or PILOT agreement signed by Longview Power and Monongalia County officials. That case was dismissed in the Monongalia County Circuit Court on April 12, 2005, and is now being appealed. “The embattled Longview power plant is facing yet another court challenge, this time an appeal of the legality of the lucrative tax breaks offered by the Monongalia County Commission,” said Paula Hunt, a spokesperson for CALP. The appeal states that the PILOT agreement would violate multiple sections of the State constitution including the requirement for equal taxation. Longview has claimed that they cannot build the plant without the tax agreement, and has had repeated delays in their projected start of construction. “We believe the Circuit Court made an error when it dismissed the case before both sides conducted legal discovery,” said Ms. Hunt. “Our legal team of Robert Bastress and Phil Gaujot will impress upon the Supreme Court that this case can only be judged fairly after important facts come to light during the discovery process.” Duane Nichols, the president of the Cheat Lake Environment and Recreation Association, said that “it is just plain unfair for the county to provide a very large tax break to one specific private company, particularly when the electricity is to be sold out-of-state, when the coal may come primarily from Pennsylvania, and when all the environmental impacts will be felt primarily by those already affected by our largest power plant and largest polluter, the Ft. Martin power plant.” “We have found that the PILOT agreement itself is based on a flawed and unconstitutional application of state statutes," said James Kotcon. "It is simply wrong for one out-of-state, for-profit company to get tax breaks that are not open to every other taxpaying business in the County. It’s an issue of tax fairness," asserts Kotcon. “The statute under which the PILOT was offered was intended to apply to publicly-owned projects financed through public bonds for public benefit; not to a private out-of-state company whose primary goal is to maximize its own profits." “It appears that the Longview plant has many problems and this is yet another problem for Longview,” said Jarrett Jamison, a resident of the Fort Martin Community, where the proposed plant would be located. “Construction has been put off due to one delay after another; and Longview has repeatedly failed to finalize the required permits”. The Air Quality Permit is still under appeal in the Kanawha County Circuit Court. The ‘siting certificate’ was approved by the Public Service Commission with a number of conditions on it that have not yet been met; and the ‘ transmission certificate’ has yet to be applied for. The Federal Aviation Administration has yet to approve the smoke stack for this plant, and the Federal Energy Regulatory Commission has required Longview to negotiate rights of way for transmission lines with Allegheny Energy. That is expected to cost Longview over 5 million dollars alone. In addition to CALP, the plaintiffs include the Citizens for Responsible Development, the Cheat Lake Environment and Recreation Association, and more than 50 local residents. Defendants in the action are Longview Power, LLC, the Monongalia County Development Authority, the Monongalia County Commission, the Monongalia County Board of Education, and the Monongalia County Assessor. More information on the project is available at the web sites for Longview Power: _http://www.genpower.net/longview_ (http://www.genpower.net/longview) , and for CALP: _http://www.nolongview.org/_ (http://www.nolongview.org/) .

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Air Monitoring Grants
by Kotcon, James 10 Aug '05

10 Aug '05

EPA AIR TOXICS AMBIENT MONITORING GRANTS Time Sensitive: Letters of Intent Due July 22 EPA is accepting applications for projects designed to assist state and local communities in identifying and profiling air toxics sources, developing and assessing measurement methods, characterizing local air toxics problems, and tracking air toxics reduction activities. Eligible organizations include city, county and state governments, independent school districts, public institutions of higher education, and Native American tribal governments. A total of $6,250,000 will be awarded to approximately 15 applicants. Letters of intent are expected by July 22, 2005. Applications are due August 22, 2005. For more information, see http://fedgrants.gov/Applicants/EPA/OGD/GAD/OAR-EMAD-05-16/Grant.html Dr. James Kotcon Interim Program Leader - Organic Agriculture USDA-CSREES Mailstop 2220, Washington, DC 20250 phone: 202-401-4879 Cell: 304-319-2244 fax: 202-401-4888 for overnight carrier: 800 9th St., SW, Room 3344 Washington, DC 20024 _____ From: mvcac-bounces(a)cheat.org [mailto:mvcac-bounces@cheat.org] On Behalf Of Duane330(a)aol.com Sent: Wednesday, July 13, 2005 8:42 AM To: mvcac(a)cheat.org Subject: [MVCAC] Fwd: Longview story Washington (PA) Observer Reporter article on Longview.....below.

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"Do NOT wait to be active"....
by Duane330＠aol.com 06 Aug '05

06 Aug '05

Woops. My last email omitted the word NOT. So, the full sentence is: "Do NOT wait to be active"......... so consider the following........ INFORMAL MEETING--AUGUST 9TH. We will have a general and informal discussion of MVCAC activities on Tuesday, August 9th, at the Unitarian Fellowship building, 429 Warrick Drive, Morgantown, at 7 pm. This is an opportunity for those who have not been active, or who may have questions, or who simply want to discuss current activities and future plans, to come out and join in. The Unitarian Fellowship building is visible from University Avenue, on the upper side of the road (on the right going north), between main campus and the Law School. It is the shape of the letter A, otherwise known as an "A-frame" building. [Some consider it a "church", others do not.] Duane Nichols 599-8040

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.. the answer is blowing in the wind ...
by Duane330＠aol.com 02 Aug '05

02 Aug '05

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01 Aug '05

I have attached the sign up sheets to write a letter to the editor and to attend city council meetings. Thanks to you who have already made and completed the commitment. There are still some slots available for both sheets. Please, look them over and sign up for any space you can fill. When you decide which space you would like to claim, email me and I will tag it as yours. Thank you, Sandy SCress(a)verizon.net

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MVCAC Minutes 7-25-05
by Duane330＠aol.com 26 Jul '05

26 Jul '05

MVCAC Minutes July 25, 2005 The July 25th meeting of the MVCAC was held at St. Paul's Lutheran Church on Patteson Drive, with eleven people in attendance. Duane began the meeting by letting the group know that after a valiant battle, Holly Rieke succumbed to lung cancer on Sunday evening, July 24. Holly was a tireless advocate for the causes in which she believed, such as CALP. We will miss her humor, energy, and determination. Duane completed the paperwork to register MVCAC as a “voluntary association” with the state. We are now official. In addition, he obtained a post office box at the Star City post office. The new MVCAC mailing address is: Mon Valley Clean Air Coalition PO Box 4679 Star City, WV 26504-4679 CALP is also now registered as a “volunteer association” with Paula Hunt as the chairperson of the group. Deb discussed our financial status. She received a financial report from Mary Davis, treasurer of the state Sierra Club. The state Sierra has been managing donations to CALP/MVCAC. Deb has several questions about the report, but Mary is out of town, so she could not clarify these issues. She will contact Mary when Mary returns. Duane suggested that it would be helpful for MVCAC to have its own bank account. By consensus and without opposition, the group agreed that Deb, as our treasurer, should open a bank account. Duane informed the group that we could obtain a tax ID number, which would exempt us from paying state sales tax on purchases. Duane brought up the issue of MVCAC becoming a non-profit 501-c-3 organization. The pros and cons were discussed, and Deb volunteered to research the issue and bring her findings to the next meeting. Duane described the appeal of the Monongalia County Circuit Court's decision to dismiss the lawsuit in regard to the PILOT agreement for Longview Power. Attorney Robert Bastress has agreed to file the appeal with the State Supreme Court of Appeals by August 1. Duane, Bill and Jim have been working with Bob on this. Jarrett provided a report on the CALP committee meeting that was held the second week in July. Jarrett, Paula, and Linda attended. The group discussed the status of the transmission line for Longview Power. The Federal Energy Regulatory Commission (FERC) ruled that Allegheny Power and Longview must negotiate an agreement for Longview to make a connection to the grid across Allegheny Power's property. Longview must pay $5.5 million for the access and another $313,000 for the land. Jarrett has sent a FOIA to FERC requesting any letters from companies that suggested that we need a 500 kV transmission line. Duane indicated that there is already a problem with congestion on the grid and this must be addressed if new companies continue to come on-line. Jarrett also sent a letter to the Office of Homeland Security suggesting that it Longview was built, the location of the two power plants in such close proximity may pose a security threat. Also in regard to Longview, Duane sent a FOIA to the FAA requesting two files related to the stack height issue. Duane discussed the noise issues related to the proposed Longview plant. Longview complained to the Public Service Commission (PSC) that the final rules for the citing certificate for the plant should be revised, because the noise guidelines were too stringent (the rules mandated no increase in the already high noise levels at Fort Martin). The PSC opened up only the noise portion of the certificate for reconsideration. To read the PSC's order, go to the following website: http://www.psc.state.wv.us/orders/2005_07/go2551ch.htm The PSC ordered the establishment of a task force to further study the noise issue. It will be headed by a member of the PSC and will consist of a variety of parties, including GenPower and a number of members of MVCAC. A major concern is that the task force will meet on a week day in Charleston when many our members cannot attend. It was recommended that MVCAC members write letters to the PSC requesting that the task force meet on a weekend or evening in Morgantown, or some location closer to Morgantown than Charleston. Dennis reported on the power plant situation in Pennsylvania. A number of waste coal burning plants have been proposed, because the PA governor and Secretary of Energy want to make it appear as if they are concerned about "alternative energy." There are at least three plants proposed for SW PA. One in Robinson Township has already been permitted, but is being appealed by a group who has retained a lawyer from the University of Pittsburgh's Environmental Law Center. Dennis is involved with the proposed plant in Nemacolin, PA (the so-called GERRP plant). This plant was issued a permit around July 1. [MVCAC is generally in favor of appealing this permit.] Dennis is meeting with the same lawyer from Pitt tomorrow to discuss a possible appeal; however, it is not clear that the lawyer will take the case as he is "stretched thin" with the Robinson Township plant appeal. At the suggestion of Jim K., Dennis has left messages with the PA Sierra Club's air quality person regarding this issue, but he has received no response. Dennis also left a message with the National Parks Conservation Association, but has not heard from them, either. Duane mentioned that there is a proposed waste coal plant in Greenbrier County, WV, and that they have received federal money to be a "demonstration plant." Deb reported that there is a group who is trying to influence the upcoming school board elections, because they are unhappy with how the current board is managing the schools. She suggested that, in light of the fact that the current school board played a major role in trying to bring us Longview, we might want to connect with the group. Cindy said she would find the name of the contact person and pass it on to Duane. Karen has spoken with Boggs Environmental about the air monitoring equipment. Her contact in Morgantown is checking with the corporate administration to determine whether they are interested in a written letter memorandum of cooperation. At the last meeting, Sandy passed around sheets for people to sign up to write letters to the editor or attend city council meetings and discuss clean air. Larry S. attended a city council meeting and spoke there. Bill reported on the air quality training workshop that was held on June 20. Everyone learned a lot, but agreed that a few hours was not long enough. The Speakers Bureau will aim to organize a longer training for the fall. Jim K. has been working on a Power Point presentation for this purpose. The next MVCAC meeting will be held on Monday August 22 at the home of Martha and Larry Schwab. Arrive at 6:30 for the social half hour. The meeting will begin at 7:00. Prepared by Linda Shuster, July 26, 2005.

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Holly Reike......
by Duane330＠aol.com 25 Jul '05

25 Jul '05

> For those who knew Holly Reike and do not know, she passed away Sunday, > July 24, 2005 around 5:15PM at the Monongalia General Hospital. She had > fought the cancer battle. Holly was devoted to the fight against > Longview. She put her all into the Longview fight as she did with any > project she took on. We'll all miss that strong will and mind.

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Re: [MVCAC] Meet Monday 7 pm St. Paul's Lutheran Church
by Paul Brown 22 Jul '05

22 Jul '05

I'm sorry, I refuse to enter churches. paul brown Paul Brown Physiology Department West Virginia University Health Sciences Center Morgantown, WV 26506 (304) 293 - 1512 >>> <Duane330(a)aol.com> 07/22/05 9:42 PM >>> The MVCAC with meet this coming Monday evening, July 25th, at the St. Paul's Lutheran Church on Patterson Drive, 7 pm. If you cannot attend, please send me any information that may be helpful to those who come out. We need the schedules developed by Sandy Cress and others regarding commitments for letter writing and City Council visits. If you have any proposed projects, please send them in so we can discuss them and distribute email info on them to all interested parties. Thanks for your good help. Duane

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Meet Monday 7 pm St. Paul's Lutheran Church
by Duane330＠aol.com 22 Jul '05

22 Jul '05

The MVCAC with meet this coming Monday evening, July 25th, at the St. Paul's Lutheran Church on Patterson Drive, 7 pm. If you cannot attend, please send me any information that may be helpful to those who come out. We need the schedules developed by Sandy Cress and others regarding commitments for letter writing and City Council visits. If you have any proposed projects, please send them in so we can discuss them and distribute email info on them to all interested parties. Thanks for your good help. Duane

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