August 2008 - EC - lists.cheatlakeclear.org

Re: [EC] [Fwd: Re: [fom] Explosion reported at Institute plant]
by Jim Sconyers 31 Aug '08

31 Aug '08

"....the land of the expendable" - hits the nail right on the head - our new state motto? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Regina Hendrix <regina1936(a)verizon.net> To: ec(a)osenergy.org Sent: Sunday, August 31, 2008 1:02:03 PM Subject: [EC] [Fwd: Re: [fom] Explosion reported at Institute plant] Take a look at the link to the photos. Coal/Energy is not our only worry in the land of the expendable. Regina

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[Fwd: Re: [fom] Explosion reported at Institute plant]
by Regina Hendrix 31 Aug '08

31 Aug '08

Take a look at the link to the photos. Coal/Energy is not our only worry in the land of the expendable. Regina

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Re: [EC] [fom] Explosion reported at Institute plant
by Regina Hendrix 31 Aug '08

31 Aug '08

Kathryn, we just didn't know how dangerous. There are 253,600 pounds of methyl isocyanate (MIC) stored underground at the Bayer's Institute plant. That is the chemical that killed all those people in Bhopal, India. It is estimated that the MIC stored at Institute could kill people as far as 10 miles away from the plant. We are expendable, you see.......gotta have those jobs. The article in the Gazette says: "At it's own plants in Germany and Belgium Bayer never stored large quantities of MIC. Instead, Bayer made and used the chemical as it was needed." I don't know what the past tense implies here. Does it mean they don't use MIC in their overseas plants anymore? Have they decided it won't take the risk in Germany and Belgium, whereas, it's okay in WV because those people will do anything for jobs? Regina XKatwalkx(a)aol.com wrote: > R: My neighbor said she felt a jolt when the explosion occurred. I > did not. kas p.s. I guess I did not realize that this was still a > dangerous area, chemically speaking. > > > ************** > It's only a deal if it's where you want to go. Find your travel deal here. > (http://information.travel.aol.com/deals?ncid=aoltrv00050000000047)

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Coal Film Festival help
by Jim Sconyers 30 Aug '08

30 Aug '08

Hi folks - We are going to need help at the Coal Film Festival next Saturday 4:00-11:00. Mostly we need folks to give out programs, monitor donations, and circulate and collect interest cards. The schedule runs from 4 to 11. Can you commit to helping some part of that? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Wind Energy Bumps Into Power Grid's Limits
by Regina Hendrix 28 Aug '08

28 Aug '08

Maybe the power lines could be built where they'd promote clean energy instead of coal.

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Fwd: Fw: Kilowatt Ours PBS broadcasts
by Paul Wilson 28 Aug '08

28 Aug '08

fyi, paul ps. probably won't happen in WV but it would be nice to rattle a few doors in Charleston. ---------- Forwarded message ---------- From: Lyndsay Moseley <Lyndsay.Moseley(a)sierraclub.org> Date: Thu, Aug 28, 2008 at 10:54 AM Subject: Fw: Kilowatt Ours PBS broadcasts To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org For those of you who have seen the energy documentary Kilowatt Ours (which I hope includes everyone!), I would encourage you to contact your local PBS station in the next month to ask them to broadcast it in your area. If you haven't seen it, Kilowatt Ours is a great tool for raising awareness about the problems with coal and other dirty energy sources and provides information on practical positive solutions like conservation, efficiency and renewables. Contact me if you haven't seen Kilowatt Ours but would like to... I have several copies in my office and would be happy to share. Best, Lyndsay Lyndsay Moseley Washington Representative National Coal Campaign Sierra Club 408 C St. NE Washington, DC 20002 tel: 202-548-4581 fax: 202-547-6009 ----- Forwarded by Lyndsay Moseley/Sierraclub on 08/28/2008 10:20 AM ----- Kilowatt Ours <screening(a)kilowattours.org> 08/28/2008 09:10 AM To Kilowatt Ours <screening(a)kilowattours.org> cc Subject Kilowatt Ours PBS broadcasts Dear friend of Kilowatt Ours, As you may have seen from our recent letter, Kilowatt Ours will be available for broadcast on public television stations nationwide this fall! This is an exciting time for us as we have a wonderful chance to share this message with an even larger audience. Our goal is to inspire millions of Americans to conserve energy and choose renewable power, and we need your help. Would you or your organization please take a few minutes to consider helping in the following ways? o Reach out to your local public television station. Stations will make initial decisions about scheduling Kilowatt Ours locally in the next month. Please consider contacting the viewer services department at your local public television station to find out if they will be airing the film in your community. If the film is not currently scheduled, you can mention how a screening of the film has inspired you and others in your community to be more energy efficient and how it could inspire many more. o Support our outreach efforts with a donation. This is a crucial time in our effort to educate the nation on energy efficiency. The public television broadcast will bring increased requests for community screenings, educational materials and energy savings advice. Our new website, launching October 1, will be an exciting new resource for community interaction and energy savings information. Your donations will support us in making this project a success. Please consider making a donation on our website at http://www.KilowattOurs.org or mail a check in the enclosed envelope to Kilowatt Ours. To show our gratitude for your donation, we will list your organization on our website as a Kilowatt Ours contributor. Thank you for your continued support of Kilowatt Ours! It is because of your efforts that we are able to bring this message to a wider audience through this public television launch. We will continue to be in touch with you as this important energy saving campaign unfolds, and we welcome you to contact us at screening(a)KilowattOurs.org. Yours, Jeff Barrie Founder, Producer, and Director of Kilowatt Ours - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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: 304-279-6975

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BULLETION - PENNSYLVANIA SAYS "NO" TO TRAILCO
by William V. DePaulo, Esq. 27 Aug '08

27 Aug '08

THIS JUST IN -- AND IT AINT A JOKE !!! The Pennsylvania judges say that "TrAILCo has failed to carry its burden of proof" and that "*the true impetus **for the 502-Lodoun segment is** to transport cheaper coal-fired generation from westerm PJM to eastern PJM *and to encourage the siting of new generation in western PJM where it may be more palatable." They go on to question the modeling that was done to support the alleged need. Text of decision to follow... -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Morgan County Commission Opposes PATH
by James Kotcon 27 Aug '08

27 Aug '08

FYI. JBK >>> "Kenneth Redfern" <redfernkd(a)msn.com> 8/26/2008 8:51 PM >>> Thanks Jim for getting back to me so quickly. Thank you for the fact sheet, it is very informative. Recently, August 25th, the Morgan County Commission members have officially gone on record opposing local construction of the proposed PATH in their county. Hopefully the Berkeley County Commissioners will follow. I am working on getting my information together to be more informed and make my neighbors aware of these proposed lines. Thanks Again, Debbie Redfern ----- Original Message ----- From: James Kotcon<mailto:jkotcon@wvu.edu> To: Kenneth Redfern<mailto:redfernkd@msn.com> ; Regina Hendrix<mailto:regina1936@verizon.net> Cc: ec(a)osenergy.org<mailto:ec@osenergy.org> Sent: Tuesday, August 19, 2008 11:19 AM Subject: Re: [EC] PATH Potomac-Appalachian Transmission Highline Debbie (Kenneth, et al.): I recommend three actions that you should take immediately, as well as a series of activities that will be needed to fight this PATH over the long term. First, if your property is in one of the proposed routes, contact an attorney and be sure you fully understand your legal rights and responsibilities. I realize that this is unfair and that you did not ask for this expense and aggravation, but the law is what it is, and you can not fight it if you do not know what it is. But don't stop there. Legal battles are unlikely to win a favorable result for you as the law is stacked in favor of the utility. A political solution is also needed. Therefore, I also recommend: Second, talk to your County Commissioners. Ask them to adopt a resolution opposing PATH, just as the affected counties did for the TrAIL line. If your commissioners are hesitant, ask them to at least talk to the Commissioners in Hardy, Hampshire, Preston, Monongalia, and Tucker Counties, all of whom adopted such resolutions. Third, talk to your state Delegates and Senators. Ask them to support legislation to reform the Public Service Commission, and to restore some balance to the rules governing the taking of private property in West Virginia. Senator John Hunter had a couple of good bills last session, but they did not pass, so ask your delegates to sign on to these. I am attaching a fact sheet we developed for this effort. We will be doing more work on it as the application proceeds, but you should not wait to get started. Contact me if I can be of other help. Jim Kotcon WV Sierra Club Energy Committee. 304-293-8822 (office) 304-594-3322 (home) >>> Regina Hendrix <regina1936(a)verizon.net<mailto:regina1936@verizon.net>> 8/18/2008 11:32 PM >>> Debbie, I'm cc-ing the Sierra Club's Energy Committee about your concerns and will have someone get it touch with you. Sierra Club has been actively opposing Trail and we are gearing up to fight PATH. Such a dirty deal for all West Virginians!! I live in Charleston and in my part of the state we are plagued with mountaintop removal and pollution from coal-fired generating plants. We are already exporting 70% of the electricity generated in WV. If these lines are allowed to be built, demand for coal will increase and more power plants will be needed to generate more electricity for the East Coast....... Regina Hendrix 304-343-5211 P.S. Will someone on the Energy Committee get in touch with Debbie. Kenneth Redfern wrote: > Hello, > > This is the first time I have ever written to an organization about > matters like this. > > I need your group's help or guidance in what steps I can take as a > concerned resident of Berkeley County WV. > > An open house for the Potomac-Appalachian Transmission Highline (PATH) > was held on August 6th in Martinsburg, WV. > > This was not a public forum but a meet and greet "the proposed high > power transmission line that may be in your backyard" meeting. > > I have been watching the PATH website for maps of the proposed routes > for these lines and they never had them on their website until recently. > > I have been worried about this high power transmission line from when > I first heard about this project about 1 to 2 years ago. > > The area I live in is in the bulls eye of a couple of proposed > routes. I do not live in an unpopulated area so these routes would > affect many residents in this area of Berkeley County. > > But actually most of these routes in Berkeley County are in populated > areas. > > We live in a beautiful area of Berkeley County that has beautiful > views of the mountains, that would be marred by this transmission > line. Also looking at these proposed routes these lines will > literally be in people's backyards. > > Even though the transmission line will not be in my backyard it will > still be in the area I live. > > I would like to compose a handout to make my neighbors more aware of > the possibility of this happening in our area. > > I received the Mountain State Sierran that had an article about PATH > but I cannot find it. > > Could you please offer some guidance in who to get in touch with about > my concerns and if you have any information that could help me in this > endeavor. > > I hope to hear from you soon, we don't have much time to voice our > concerns. > > I copied the paragraph below from the PATH website: > > These maps are designed to help property owners and other interested > parties learn more about the alternatives under consideration for the > line segments. The specific line route has not been selected. The > companies expect to determine the exact proposed route of the line by > late fall of 2008. > Thank you, > > Debbie Redfern > 304 Duchess Way > Martinsburg, WV 25403 > > > > _______________________________________________ EC mailing list EC(a)osenergy.org<mailto:EC@osenergy.org> http://osenergy.org/mailman/listinfo/ec<http://osenergy.org/mailman/listinfo/ec>

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Fwd: New liquid coal materials
by Paul Wilson 27 Aug '08

27 Aug '08

fyi, paul ---------- Forwarded message ---------- From: Virginia Cramer <virginia.cramer(a)sierraclub.org> Date: Tue, Aug 26, 2008 at 3:09 PM Subject: New liquid coal materials To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org Hi everyone, As promised, here are some new liquid coal messaging materials. A big thanks to everyone who helped pull these together. Follow this link for updated talking points, sample letters to the editor, a sample op/ed and links to our other liquid coal resources. http://www.clubhouse.sierraclub.org/conservation/energy/coal/coal-messaging. aspx As always, let me (or Nithin) know if you have any questions or want to kick around ideas for using these materials. Thanks, ginny --------------------- 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 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: 304-279-6975

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Fwd: Sierra Club on federal approvals for coal plant financing
by Paul Wilson 27 Aug '08

27 Aug '08

fyi, paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Tue, Aug 26, 2008 at 12:20 PM Subject: Fwd: Sierra Club on federal approvals for coal plant financing To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org -----Original Message----- From: Mark Kresowik <mkresowiksc(a)earthlink.net> To: CONS-EQST-AIR-MW-COAL-COMM(a)LISTS.SIERRACLUB.ORG Sent: Tue, 26 Aug 2008 11:07 am Subject: Sierra Club on federal approvals for coal plant financing Today the Sierra Club sent a letter to the U.S. Department of Agriculture expressing concern about the USDA's approvals for electric cooperatives to pursue private financing for coal plants without any environmental analysis. Billions of dollars of outstanding loans - taxpayers money - and our energy bills are in the balance. This could affect the financing arrangements for at least ten coal plants around the country. I've attached the letter that was sent to the USDA today and the press release, including Rep. Henry Waxman, is below. Our first lawsuit on this matter, on the Holcomb plant in Kansas, will go to trial next summer. Mark Poor Government Financial Decisions Could Raise Energy Bills Press Room: For Immediate Release Explore, Enjoy and Protect the Planet August 26, 2008 Contact: Virginia Cramer, 804-225-9113 ext.102 Consumers Could See Significant Rate Increases Federal Government Jeopardizes Billions in Loan Repayment by Authorizing Risky Energy Projects Washington, DC: The Sierra Club today voiced its concern that consumers could be faced with higher electric bills if the federal government continues to approve unsound investments in new coal-fired power plants across the nation. Already burdened with $36 billion in unpaid loans, the U.S. Department of Agriculture is now allowing rural utilities to take on billions of dollars in additional debt to build new coal-fired power plants, at enormous financial risk to taxpayers. "In the past weeks families across the country have already seen their energy rates increase dramatically, in some cases almost double," said Bruce Nilles, director of the Sierra Club's National Coal Campaign. "Approving these plants will push rates even higher as both the cost of energy and the additional debt are pushed off on ratepayers." The federal government, through the Department of Agriculture's Rural Utilities Service, is approving rural utilities' ownership in at least ten new coal-fired power plants across the country. In every instance, the government has failed to fully vet the plants' potential impacts before authorizing their construction, ignoring key concerns like the financial risk associated with the coal plants' contribution to global warming, adverse impacts on the environment and the availability of cleaner, cheaper alternatives. The government's failure to fully evaluate the environmental risks of and alternatives to these new coal-fired power plants violates the National Environmental Policy Act. "The Rural Utilities Service is rubber stamping new coal-fired power plants," continued Nilles. "And in the process is unfairly saddling the American public with huge amounts of debt. We need to be making smarter decisions with our money, especially in today's economic climate." Environmental impacts play an integral role in a utility's ability to repay its loans, a fact recognized by the nation's largest banks, which already consider the cost of carbon dioxide pollution before granting loans. Other parts of the federal government, including the House Oversight and Government Reform Committee have also recognized the financial risks associated with failing to account for the cost of global warming pollution from new coal plants. The Committee has warned the Rural Utilities Service that future carbon regulations will make coal increasingly costly and that failing to consider those costs will place taxpayer dollars and ratepayers at risk. "It is irresponsible to approve investments in new coal-fired power plants without considering the environmental and financial risks. The Rural Utilities Service is placing hundreds of millions of taxpayer dollars in serious jeopardy," said Rep. Henry A. Waxman, Chairman of the House Oversight and Government Reform Committee. In the past rural utility cooperatives have gone bankrupt rather than pass on cost increases to customers. If that were to happen in this situation, the American taxpayers will be left with billions of dollars in debt which is unable to be repaid. "Coal is a fuel of the past. Instead of looking for ways to use more of it, like fueling our cars, we should be working to move beyond it to a cleaner energy future. There are real, affordable energy solutions, like efficiency and renewable energy that are ready today to meet our energy needs, without the financial, health and environmental risks associated with coal," said Nilles. Mark Kresowik Corporate Accountability Representative Sierra Club's National Coal Campaignmark.kresowik(a)sierraclub.org 319-621-7393 (cell) 608-257-4994, x112 (work) 608-257-3513 (fax) 122 W. Washington Ave. Suite 830 Madison, WI 53703 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-EQST-AIR-MW-COAL-COMM list, send any message to:CONS-EQST-AIR-MW-COAL-COMM-signoff-request@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 ------------------------------ Get the MapQuest Toolbar<http://mapquest.com/toolbar?ncid=mpqmap00050000000010>. Directions, Traffic, Gas Prices & More! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 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: 304-279-6975

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WVSC Coal Film Festival info
by Jim Sconyers 26 Aug '08

26 Aug '08

Attached is information about the Coal Film Festival dates and places. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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WVSC committee chairs
by Jim Sconyers 26 Aug '08

26 Aug '08

Here are some new or renewed WV Sierra Club chairfolks: Chapter Chair - Jim Sconyers Political Committee Chair - Regina Hendrix Nominating Committee Chair - Jonathan Rosenbaum Election Committee - Mary Davis, Jim Kotcon Energy Committee Chair - Jim Kotcon Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Fw: GOOD NEWS on PA Transmission line case
by aaron.isherwood＠sierraclub.org 25 Aug '08

25 Aug '08

Fyi... 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. ----- Forwarded by Aaron Isherwood/Sierraclub on 08/25/2008 11:02 AM ----- Jeff Schmidt <jeff.schmidt(a)sierraclub.org> 08/25/2008 09:27 AM Please respond to Jeff Schmidt <jeff.schmidt(a)sierraclub.org> To Glen Besa <glen.besa(a)sierraclub.org>, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> cc jeff tittel <jeff.tittel(a)sierraclub.org> Subject GOOD NEWS on PA Transmission line case This might be useful to share with whomever at national Sierra Club is working on NIETC / transmission line issues Jeff Schmidt ----- Original Message ----- From: Ginny Kreitler To: listserve Sent: Saturday, August 23, 2008 10:54 PM Subject: [Pa-transmission] GOOD NEWS for conservation in the PA recommendation on TrAILCO For those of you who have not read through the 364 pages (!) of the recommendation against TrAILCo in Pennsylvania last week, there is much to cheer. The Administrative Law Judges stand reinforced exactly several of the points the conservation community has been articulating. Namely: 1) "Economics, not reliability, is the impetus for both the original request for transmission proposals from PJM and the TrAIL proposal itself" [p112] 2) "The origianl TrAIL project was proposed before any reliability criteria infractions were identified" [p113] 3) "Project Mountaineer's goal was to transmist 5000 megawatts of new coal-fired generation from western to eastern PJM" and "According to Mr. Pfirrmann [PJM management in testimony to FERC], at least two extra high-voltage transmission lines were required to support the delivery of this much electricity." [p 113] 4) "The RTEP modeling process used by PJM is an overly conservative, belt and suspenders approach to transmission planning" [ok we never asserted that], and 5) "We conclude that the RTEP process is designed to yield transmission solutions." [p.115] In short, the conceptual foundation of the Mid-Atlantic corridor as well as the case for this project are flawed and the pro-transmission arguments were developed to expand coal-fired power markets. These conclusions deserve widespread attention and should be disseminated to constituents, media, and legislators. Also very noteworthy is the seriousness of the Pennsylvania review process. Of particular note is the weight given to the importance of environmental impacts analysis in the application and review process. The Administrative Law Judges made plain their perspectives on what constitutes (or, more precisely, what does not) a reasonable effort to affirmatively and completely address environmental impacts. This position not only proves that the Judges are taking seriously their responsibility in the area of assessing the environmental impacts of proposed projects, it also provides some guidance for future cases for those concerned with environmental impacts of other proposed projects. The decision considerations should be equally relevant in those cases. In this ruling the ALJs faulted the incompleteness of the information developed on environmental impacts, in particular suggesting that better information is expected in: 1) documenting the resources affected 2) presenting a soil and sedimentation plan 3) identifying locations of access roads 4) detailing steps to be taken to protect ground and surface waters 5) detailing a plan to minimize air and water pollution from construction, and, with special emphasis on 6) providing a credible account of how alternative routes were seriously considered that had less environmental impacts than the 'preordained' route [their words] The full recommendation can be found at: http://www.puc.state.pa.us/PCDOCS/1019983.pdf. Again, please note that PALTA's site lists the environmental considerations to be detailed in transmission project filings. See: http://conserveland.org/pp/Transmission/opposepowerline Pennsylvania's state process is superior. Interested stakeholders should familiarize themselves with it. All parties concerned with responsible land use decisions and infrastructure siting should be concerned over the possibility of this state jurisdiction being usurped for an ill-defined and untested new federal process. This is a highly important precedent being set for our Commonwealth and for others.

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[Fwd: Fwd: Sunday 8.24.2008 WV_1+2]
by Regina Hendrix 24 Aug '08

24 Aug '08

More info on the Marcellus Shale drilling controversy in Pendleton County. Watch out, dirty Mike Ross is involved. Regina

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[Fwd: possible ammo for power line fight]
by Regina Hendrix 24 Aug '08

24 Aug '08

Wanted to be sure you got this. Regina

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[Fwd: Fwd: New PA Water / Permit Process]
by Regina Hendrix 24 Aug '08

24 Aug '08

FYI.

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PA DECISION AGAINST TRAILCO - 18 MEG
by William DePaulo via YouSendIt 22 Aug '08

22 Aug '08

You have a priority delivery from YouSendIt 364 PAGES OF "JUST SAYING NO" TO TRAILCO Click here to download file: https://rcpt.yousendit.com/599707339/3560ef5a9849a702f9296bcc2ec5bc71 Sent by: william.depaulo(a)gmail.com File to pick up: 1019983.pdf File will remain active for: 14 Days File too big for email? Try at http://www.yousendit.com YouSendIt Inc. : http://www.yousendit.com Terms of Service: http://www.yousendit.com/cms/termsofservice Privacy Policy : http://www.yousendit.com/cms/privacypolicy DMCA Policy: http://www.yousendit.com/cms/dmca Opt Out: http://www.yousendit.com/blocking.php?action=optout&email=EC@osenergy.org&k…

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Re: [EC] Fw: TrailCo NMF revised
by William V. DePaulo, Esq. 21 Aug '08

21 Aug '08

Holly Both FOIA requests were filed under the state FOIA which is almost a verbatim reproduction of the federal statute. In short, we do not have an option to sue anywhere except in state court. PSC - requested all documents pertaining to the April 15, 2008 Joint Stipulation -- the document in which PSC Staff withdrew its opposition in exchange for a laundry list of financial and other incentives. PSC Staff produced all documents (1100+) responsive to request, as did CAD (700+). The Commissioners produced a relatively small number of documents and issued a Vaughn index for the balance. Without seeing the docs it is impossible to assess whether the exemptions asserted -- deliberative privilege for internal communications -- is validly asserted. GOVERNOR - requested ALL documents pertaining to TrAILCo proposal, not merely those relating to April 15 Joint Stip. Governor produced 1100+ documents, most relating to tax he wants to impose on the transmission line if and when built. Importantly, the Gov office refused to produce a Vaughn index. Without such an index they cannot sustain their burden of proof, as all documents are presumed non-exempt unless and until an exemption is asserted and substantiated by an index. PSC Appeal -- far and away the biggest matter the PSC did not address was CO2 emissions. The PSC took the position that the proposed transmission line was "electron neutral," i.e., that the line didn't "know" where the moving electron originated. That, of course, is technically true. In West Virginia it is also totally specious because 97% of the state's electric energy is generated from coal. And the PSC's August 1 order itself relied on the economic justification associated with 4 billion dollars of construction costs for four (4) new IGCC coal plants now on the drawing boards. The PSC also totally ignored the fact that all of the purported economic benefits associated with the increased use of coal will be converted to economic leg weights when the impact of a now certain cap and trade system (or carbon tax of some sort) is adopted next year. I want to emphasize that we don't have any slack time on the appeal or preparation for PATH. TrAILCo's transcript is 3,000 pages long. I lived thru it live but I still need to serve up the case to the Supreme Court, because the PSC has intentionally buried all of the evidence in a 183-page behemoth of a decision issued on August 1. We need to go now. Please let me know if you need any additional information. Bill On Thu, Aug 21, 2008 at 1:40 PM, <Holly.Bressett(a)sierraclub.org> wrote: > > Thanks, Bill. I will need some more information regarding the FOIA > appeals. For example, what did you request and what did you receive and > what was witheld (or can you even tell what was witheld)? Did the agencies > assert any privileges or exemptions? If so, were they lawfully invoked or > do you believe the exemptions are being abused. Are we actually bringing > suit under FOIA, or the state's public records law. If it is FOIA, wouldn't > you want to file in federal court? As for the appeal of the PSC's decision, > you make note that the environmental impacts were not properly considered. > Could you elaborate? What was considered, what was not, and what law are > you relying on? > > Jim, at this point, I am still investigating the legal claims (as you can > see above). I didn't get the sense that we needed immediate approval since > the PSC's decision is not even final yet, and when it becomes final, we have > 30 days. If there is a reason to file sooner, please let me know. It is my > understanding that you are going to be talking with Aaron Isherwood about > how the National Coal Campaign may be able to help with this and the PATH > transmission line. I'll follow up with him if it impacts the Supreme Court > appeal and/or the FOIA appeals. Thanks to you both, > > Holly > > Holly Bressett > Environmental Law Fellow > Sierra Club Environmental Law Program > 85 Second St., 2nd Floor > San Francisco, CA 94105 > (415) 977-5646 (phone) > (415) 977-5793 (fax) > > > *"William V. DePaulo, Esq." <william.depaulo(a)gmail.com>* > > 08/21/2008 10:01 AM > To > Holly.Bressett(a)sierraclub.org cc > "Jim Sconyers" <jim_scon(a)yahoo.com> > Subject > Re: Fw: TrailCo NMF revised > > > > > Holly > > Here is a revised NMF which I hope is responsive to your requests. Please > let me know if you have any additional questions or topics you'd like > fleshed out in more detail. > > All the best, > > Bill > > > > > On Wed, Aug 20, 2008 at 3:43 PM, <*Holly.Bressett(a)sierraclub.org*<Holly.Bressett(a)sierraclub.org>> > wrote: > > Hi Bill, > > Jim has attached the new matter form and I'm hoping you can supplement it > with our legal strategy. I'm confused about the FOIA appeals and the > Supreme Court appeal so I was hoping you could separate everything and give > me a clear description of the legal claims. If you are anticipating actual > FOIA lawsuits in conjunction with all of this let me know, it may make sense > to do one authorization for all the legal challenges. Thanks, > > Holly > > Holly Bressett > Environmental Law Fellow > Sierra Club Environmental Law Program > 85 Second St., 2nd Floor > San Francisco, CA 94105 > (415) 977-5646 (phone) > (415) 977-5793 (fax) > ----- Forwarded by Holly Bressett/Sierraclub on 08/20/2008 11:51 AM ----- > *Jim Sconyers <**jim_scon(a)yahoo.com* <jim_scon(a)yahoo.com>*>* > > 08/14/2008 07:41 AM > > To > Holly Bressett <*holly.bressett(a)sierraclub.org*<holly.bressett(a)sierraclub.org> > > cc > aaron isherwood <*aaron.isherwood(a)sierraclub.org*<aaron.isherwood(a)sierraclub.org> > > Subject > TrailCo NMF revised > > > > > > > Here is a revised version of our TrailCo powerline NMF. It still needs to > go to our ExCom for certain approval. > > Jim Sconyers* > **jim_scon(a)yahoo.com* <jim_scon(a)yahoo.com> > 603.969.6712 > > Remember: Mother Nature bats last. > > > > > -- > 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* <william.depaulo(a)gmail.com>* > **www.passeggiata.com* <http://www.passeggiata.com/> > -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Re: [EC] TrailCo PATH NIETC conf call
by Jim Sconyers 21 Aug '08

21 Aug '08

OK - 6:00 PM tomorrow. Jim K, does that work for you? Aaron - can you set up the conference call and reply-all with call-in info, please? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: "aaron.isherwood(a)sierraclub.org" <aaron.isherwood(a)sierraclub.org> To: Jim Sconyers <jim_scon(a)yahoo.com> Sent: Wednesday, August 20, 2008 4:37:36 PM Subject: Re: TrailCo PATH NIETC conf call 6 or 7 pm ET tomorrow would work for me. Shall we say 6 pm ET? 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. Jim Sconyers <jim_scon(a)yahoo.com> 08/20/2008 01:32 PM To aaron isherwood <aaron.isherwood(a)sierraclub.org> cc Subject TrailCo PATH NIETC conf call Hi Aaron - So far we have 3 votes for tomorrow evening, none for anything else. Does that work for you? The replies are from the folks who are currently involved - me, im Kotcon, and Bill DePaulo. If OK, pick a time - Jim K said evening, which would be your late afternoon. As soon as we know, I can send the call in info to all who may be interested. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Fw: Friday meeting
by Jim Sconyers 21 Aug '08

21 Aug '08

another route to Shot Cherry - easier from Elkins direction Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Beth Little <blittle(a)citynet.net> To: Jim Sconyers <jim_scon(a)yahoo.com>; Matt Keller <matt_keller(a)tws.org>; monwimmer(a)gmail.com; Michael Price <greyhawkwv(a)verizon.net>; mwimmer(a)hsc.wvu.edu Sent: Wednesday, August 20, 2008 9:11:00 PM Subject: RE: Friday meeting If you're coming up Rt 28 from the south, it's much shorter to take FR 112 on the top of Allegheny Mountain. It means several miles on a gravel road, but it is pretty well maintained, and you stay on top of the mountain and avoid going down and back up again. FR 112 comes to a 3 way intersection where you take a right turn (you can see Spruce Lake off to the left) and the lane to Shot Cherry is just a short way on the right. -----Original Message----- From: Jim Sconyers [mailto:jim_scon@yahoo.com] Sent: Wednesday, August 20, 2008 4:05 PM To: Matt Keller; monwimmer(a)gmail.com; blittle(a)citynet.net; Michael Price; mwimmer(a)hsc.wvu.edu Subject: Re: Friday meeting We're planning a free-ranging, not-very-structured conversation for Friday evening 6:00 before we turn into werewolves. Then the topics will be on the formal ExCom agenda on Saturday. Agenda and other info attached. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Matt Keller <matt_keller(a)tws.org> To: Jim Sconyers <jim_scon(a)yahoo.com>; monwimmer(a)gmail.com; blittle(a)citynet.net; Michael Price <greyhawkwv(a)verizon.net>; mwimmer(a)hsc.wvu.edu Sent: Wednesday, August 20, 2008 11:13:30 AM Subject: Friday meeting Hi Folks, Just wanted to check in on the status of our potential discussion of wilderness, mon issues and wvsc at Shott Cherry this weekend. If we have critical mass for the discussion, I can be there for Friday evening and Saturday morning, but will have to head out before lunch on Saturday. I am glad to give folks a comprehensive update on what is going on with the various endeavors the coalition is moving into beyond the Wild Mon campaign, which remains our top priority and will likely extend in to 2009 unless we get lucky. I can explain the details of what’s going on. My hope for our discussion would be for us to find common ground beyond Wild Mon regarding public lands protection issues that the coalition can continue to work on in its current configuration. I’m a firm believer that combining forces to work on these issues will be our most effective path. Anyway, I think its good timing to have this discussion now. I do think that having Beth, Mary and Mike be a part of this conversation is absolutely critical. Thanks and let me know what you all think….Friday is coming up pretty darn quick. Matt ____________________________ Matt Keller Wilderness Campaign Associate Director The Wilderness Society's Wilderness Support Center 304.864.5530 (office) 304.692.6750 (mobile) 866.422.6896 (fax) matt_keller(a)tws.org ***Please note new email address. I will no longer be using matt.keller(a)wvwild.org.***

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[Fwd: [fom] RAN Bird-dogs Citi's Mucky Muck at Clean Energy Conf.]
by Regina Hendrix 20 Aug '08

20 Aug '08

Interesting.

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Re: [EC] TrailCo and PATH NIETC power lines
by Jim Sconyers 20 Aug '08

20 Aug '08

I'm open tomorrow 8/21 and all next week. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Jim Sconyers <jim_scon(a)yahoo.com> To: Bill DePaulo <william.depaulo(a)gmail.com>; Jim Kotcon <jkotcon(a)wvu.edu>; Barbara Fallon <brbr_fallon(a)yahoo.com>; Karen Grubb <kgrubb(a)fairmontstate.edu>; ec(a)osenergy.org Cc: Regina Hendrix <regina1936(a)verizon.net>; Jim <jim_scon(a)yahoo.com> Sent: Wednesday, August 20, 2008 9:25:14 AM Subject: Fw: TrailCo and PATH NIETC power lines Interested? Next week sometime (Aaron's on Pacific time)? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "aaron.isherwood(a)sierraclub.org" <aaron.isherwood(a)sierraclub.org> To: Jim Sconyers <jim_scon(a)yahoo.com> Cc: regina1936(a)verizon.net Sent: Tuesday, August 19, 2008 7:53:47 PM Subject: TrailCo and PATH NIETC power lines Jim and Regina: Re Jim's note below, I'd like to set up a call to discuss these projects with you, and whoever else you think should be on the call, to learn more about these projects and with an eye toward whether the national Club might be able to provide some funding assistance. Please let me know what days/times would be best. On my end, Thursday looks good, or net week sometime. 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. Jim Sconyers <jim_scon(a)yahoo.com> 08/15/2008 08:53 AM To aaron isherwood <aaron.isherwood(a)sierraclub.org> cc Subject Note to Aaron- * * * * We are working hard, and with limited success, to fund two of our top state initiatives, the TrailCo and PATH NIETC power lines. These are critical, ongoing, costly, and of high significance to state and national SC priorities on coal and global warming. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Updatd ExCom agenda 8.2008
by Jim Sconyers 20 Aug '08

20 Aug '08

Hi folks- Attached is a "final" ExCom agenda for the meeting at Shot Cherry this weekend. Also: I'd like to get head counts for the meeting and meals. Please put an X in all appropriate boxes below and reply this to me. I [ ] will [ ] will not attend the meeting Saturday. Include me for the following meals. [ ] Saturday breakfast [ ] Saturday supper [ ] Sunday breakfast Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Jim Sconyers <jim_scon(a)yahoo.com> To: Jim Sconyers <jim_scon(a)yahoo.com>; ec(a)osenergy.org; Mary Davis <mdavis(a)hsc.wvu.edu>; Barbara Fallon <brbr_fallon(a)yahoo.com>; Rodger Dotson <bhaddaka(a)yahoo.com>; Jim Kotcon <jkotcon(a)wvu.edu>; Paul Wilson <pjgrunt(a)lycos.com>; Sally Wilts <sallywilts(a)yahoo.com>; Regina Hendrix <regina1936(a)verizon.net>; Nate Askins <nate.askins(a)gmail.com>; Mary Wimmer <monwimmer(a)gmail.com>; Beth Little <blittle(a)citynet.net>; Bill Price <bill.price(a)sierraclub.org>; Dave Saville <daves(a)labyrinth.net>; Allan Tweddle <allantweddle(a)msn.com>; Autumn <blisssister(a)hotmail.com>; Barbara Fallon <brbr_fallon(a)yahoo.com>; Beth Little <blittle(a)citynet.net>; Bill DePaulo <william.depaulo(a)gmail.com>; Dave Saville <daves(a)labyrinth.net>; Duane Nichols <duane330(a)aol.com>; Jim Kotcon <jkotcon(a)wvu.edu>; Kate Stone <klastone(a)cisunix.unh.edu>; Paul Wilson <pjgrunt(a)lycos.com>; Regina Hendrix <regina1936(a)verizon.net>; Jonathan Rosenbaum <freesource(a)cheat.org>; Karen Grubb <kgrubb(a)fairmontstate.edu>; Mike Price <greyhawkwv(a)Verizon.net>; Sandra Cress <sandra.cress(a)gmail.com>; Bill DePaulo <william.depaulo(a)gmail.com>; Jim <jim_scon(a)yahoo.com>; Jonathan Rosenbaum <freesource(a)cheat.org>; Karen Grubb <kgrubb(a)fairmontstate.edu>; Mike Price <greyhawkwv(a)Verizon.net>; Sandra Cress <sandra.cress(a)gmail.com> Sent: Sunday, August 17, 2008 5:45:12 PM Subject: Updatd ExCom agenda 8.2008 Here is an updated agenda for the upcoming ExCom meeting. Note that it's a pretty full agenda. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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[Fwd: [fom] How Wind Farms May Really Replace Coal Mining]
by Regina Hendrix 20 Aug '08

20 Aug '08

Have you seen Peter Slavin's great article on Coal River Wind? Click on the link at the top and see the video. Peter mentions Sierra Club in the article. Incidentally, Peter has written an article about Blair Mountain and I don't think he's found a publisher yet. If you have any ideas, let him know. Regina

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Fw: TrailCo and PATH NIETC power lines
by Jim Sconyers 20 Aug '08

20 Aug '08

Interested? Next week sometime (Aaron's on Pacific time)? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "aaron.isherwood(a)sierraclub.org" <aaron.isherwood(a)sierraclub.org> To: Jim Sconyers <jim_scon(a)yahoo.com> Cc: regina1936(a)verizon.net Sent: Tuesday, August 19, 2008 7:53:47 PM Subject: TrailCo and PATH NIETC power lines Jim and Regina: Re Jim's note below, I'd like to set up a call to discuss these projects with you, and whoever else you think should be on the call, to learn more about these projects and with an eye toward whether the national Club might be able to provide some funding assistance. Please let me know what days/times would be best. On my end, Thursday looks good, or net week sometime. 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. Jim Sconyers <jim_scon(a)yahoo.com> 08/15/2008 08:53 AM To aaron isherwood <aaron.isherwood(a)sierraclub.org> cc Subject Note to Aaron- * * * * We are working hard, and with limited success, to fund two of our top state initiatives, the TrailCo and PATH NIETC power lines. These are critical, ongoing, costly, and of high significance to state and national SC priorities on coal and global warming. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Fwd: court decision on sierra club v EPA and API .... clean air
by James Kotcon 20 Aug '08

20 Aug '08

This is a pretty significant ruling. The Appeals Court holds that the Clean Air Act requires that Title V Operating permits must have monitoring requirements adequate to assure that emissions limits are enforceable. EPA was proposing a rule that said that, if the existing monitoring requirements were inadequate, states could not impose more stringent ones. The Court finds that EPA has an obligation to require enforceable permits, and that if EPA has not promulgated enforceable monitoring requirements by rule, states can do so (and may be required to do so by the Clean Air Act?) when issuing permits on a case-by-case basis. Thanks Don! JBK >>> <DSGJr(a)aol.com> 8/20/2008 9:21 AM >>> ____________________________________ From: Kjm2 To: DSGJr, SubraCom Sent: 8/20/2008 6:50:29 A.M. Mountain Daylight Time Subj: court decision on sierra club v EPA and API .... clean air _http://pacer.cadc.uscourts.gov/common/opinions/200808/04-1243-1133914.pdf_ (http://pacer.cadc.uscourts.gov/common/opinions/200808/04-1243-1133914.pdf) ____________________________________ _Get the MapQuest Toolbar_ (http://mapquest.com/toolbar?ncid=mpqmap00050000000010) . Directions, Traffic, Gas Prices & More! **************It's only a deal if it's where you want to go. Find your travel deal here. (http://information.travel.aol.com/deals?ncid=aoltrv00050000000047)

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Re: [EC] PATH Potomac-Appalachian Transmission Highline
by Regina Hendrix 19 Aug '08

19 Aug '08

Debbie, I'm cc-ing the Sierra Club's Energy Committee about your concerns and will have someone get it touch with you. Sierra Club has been actively opposing Trail and we are gearing up to fight PATH. Such a dirty deal for all West Virginians!! I live in Charleston and in my part of the state we are plagued with mountaintop removal and pollution from coal-fired generating plants. We are already exporting 70% of the electricity generated in WV. If these lines are allowed to be built, demand for coal will increase and more power plants will be needed to generate more electricity for the East Coast....... Regina Hendrix 304-343-5211 P.S. Will someone on the Energy Committee get in touch with Debbie. Kenneth Redfern wrote: > Hello, > > This is the first time I have ever written to an organization about > matters like this. > > I need your group's help or guidance in what steps I can take as a > concerned resident of Berkeley County WV. > > An open house for the Potomac-Appalachian Transmission Highline (PATH) > was held on August 6th in Martinsburg, WV. > > This was not a public forum but a meet and greet "the proposed high > power transmission line that may be in your backyard" meeting. > > I have been watching the PATH website for maps of the proposed routes > for these lines and they never had them on their website until recently. > > I have been worried about this high power transmission line from when > I first heard about this project about 1 to 2 years ago. > > The area I live in is in the bulls eye of a couple of proposed > routes. I do not live in an unpopulated area so these routes would > affect many residents in this area of Berkeley County. > > But actually most of these routes in Berkeley County are in populated > areas. > > We live in a beautiful area of Berkeley County that has beautiful > views of the mountains, that would be marred by this transmission > line. Also looking at these proposed routes these lines will > literally be in people's backyards. > > Even though the transmission line will not be in my backyard it will > still be in the area I live. > > I would like to compose a handout to make my neighbors more aware of > the possibility of this happening in our area. > > I received the Mountain State Sierran that had an article about PATH > but I cannot find it. > > Could you please offer some guidance in who to get in touch with about > my concerns and if you have any information that could help me in this > endeavor. > > I hope to hear from you soon, we don't have much time to voice our > concerns. > > I copied the paragraph below from the PATH website: > > These maps are designed to help property owners and other interested > parties learn more about the alternatives under consideration for the > line segments. The specific line route has not been selected. The > companies expect to determine the exact proposed route of the line by > late fall of 2008. > Thank you, > > Debbie Redfern > 304 Duchess Way > Martinsburg, WV 25403 > > > >

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[Fwd: Fwd: Water Decision]
by Regina Hendrix 19 Aug '08

19 Aug '08

FYI. This comes from my friends, John and Sally Snyder. They have drilling on their property right now and they're quite concerned. There's a slide show at: http://www.wvsoro.org/galleries/index.php?spgmGal=gas_well_drilling

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Re: [EC] Updatd ExCom agenda 8.2008
by Jim Sconyers 18 Aug '08

18 Aug '08

Meeting times added. Early start times reflect full agenda and overnight accommodations. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: "Grubb, Karen" <Karen.Grubb(a)fairmontstate.edu> To: Jim Sconyers <jim_scon(a)yahoo.com>; ec(a)osenergy.org; Mary Davis <mdavis(a)hsc.wvu.edu>; Barbara Fallon <brbr_fallon(a)yahoo.com>; Rodger Dotson <bhaddaka(a)yahoo.com>; Jim Kotcon <jkotcon(a)wvu.edu>; Paul Wilson <pjgrunt(a)lycos.com>; Sally Wilts <sallywilts(a)yahoo.com>; Regina Hendrix <regina1936(a)verizon.net>; Nate Askins <nate.askins(a)gmail.com>; Mary Wimmer <monwimmer(a)gmail.com>; Beth Little <blittle(a)citynet.net>; Bill Price <bill.price(a)sierraclub.org>; Dave Saville <daves(a)labyrinth.net>; Allan Tweddle <allantweddle(a)msn.com>; Autumn <blisssister(a)hotmail.com>; Barbara Fallon <brbr_fallon(a)yahoo.com>; Beth Little <blittle(a)citynet.net>; Bill DePaulo <william.depaulo(a)gmail.com>; Dave Saville <daves(a)labyrinth.net>; Duane Nichols <duane330(a)aol.com>; Jim Kotcon <jkotcon(a)wvu.edu>; Kate Stone <klastone(a)cisunix.unh.edu>; Paul Wilson <pjgrunt(a)lycos.com>; Regina Hendrix <regina1936(a)verizon.net>; Jonathan Rosenbaum <freesource(a)cheat.org>; Mike Price <greyhawkwv(a)verizon.net>; Sandra Cress <sandra.cress(a)gmail.com>; Bill DePaulo <william.depaulo(a)gmail.com>; Jonathan Rosenbaum <freesource(a)cheat.org>; Mike Price <greyhawkwv(a)verizon.net>; Sandra Cress <sandra.cress(a)gmail.com> Sent: Monday, August 18, 2008 11:33:07 AM Subject: RE: Updatd ExCom agenda 8.2008 What are the times for the meetings? From:Jim Sconyers [mailto:jim_scon@yahoo.com] Sent: Sunday, August 17, 2008 5:45 PM To: Jim Sconyers; ec(a)osenergy.org; Mary Davis; Barbara Fallon; Rodger Dotson; Jim Kotcon; Paul Wilson; Sally Wilts; Regina Hendrix; Nate Askins; Mary Wimmer; Beth Little; Bill Price; Dave Saville; Allan Tweddle; Autumn; Barbara Fallon; Beth Little; Bill DePaulo; Dave Saville; Duane Nichols; Jim Kotcon; Kate Stone; Paul Wilson; Regina Hendrix; Jonathan Rosenbaum; Grubb, Karen; Mike Price; Sandra Cress; Bill DePaulo; Jim; Jonathan Rosenbaum; Grubb, Karen; Mike Price; Sandra Cress Subject: Updatd ExCom agenda 8.2008 Here is an updated agenda for the upcoming ExCom meeting. Note that it's a pretty full agenda. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Re: [EC] Excom: Resolutions and State of Chapter
by Jim Sconyers 18 Aug '08

18 Aug '08

note below Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: James Kotcon <jkotcon(a)wvu.edu> To: duane330(a)aol.com; freesource(a)cheat.org; klastone(a)cisunix.unh.edu; blittle(a)citynet.net; kgrubb(a)fairmontstate.edu; monwimmer(a)gmail.com; nate.askins(a)gmail.com; pjgrunt(a)gmail.com; sandra.cress(a)gmail.com; william.depaulo(a)gmail.com; mdavis(a)hsc.wvu.edu; daves(a)labyrinth.net; allantweddle(a)msn.com; bill.price(a)sierraclub.org; greyhawkwv(a)verizon.net; regina1936(a)verizon.net; carve(a)wirefire.com; jkotcon(a)wvu.edu; bhaddaka(a)yahoo.com; brbr_fallon(a)yahoo.com; jim_scon(a)yahoo.com; sallywilts(a)yahoo.com Cc: ec(a)osenergy.org Sent: Sunday, August 17, 2008 7:02:07 PM Subject: Re: Excom: Resolutions and State of Chapter Jonathon, et al. The "Resolutions" process appears to be the work of a bureaucratic mindset from people who have too little to do and too big an impression of their own power. Unless someone can convince me that this is truly needed, I recommend that we oppose this. My main concern is that this is the type of thing that old-timers would develop to stifle dissent and inhibit newcomers. Volunteers who are primarily focussed on saving the planet have better things to do with their time than file the proper paeprwork in triplicate two hours in advance of the meeting. I am sure they mean well, but one of the things our Chapter needs is less time spent on this kind of bureaucracy, and more time spent on advancing environmental protection activities. With regard to the Chapter assessment, we have some very good goals, but we need more help in translating complex technical/legal issues into grass-roots volunteer-building campaigns.I ditto this sentiment 200%. We need more than lawsuits and complex testimony etc. We need to activate the people. The Wilderness Campaign was doing that, and we have been making some progress with other grassroots groups on energy issues, but mostly we are on the defensive against what the other guys are doing, and need to find ways to work our issues on the turf where we are strongest. Waiting for Allegheny and AEP to file an application on PATH is not a good way to win those battles, as we will spend the bulk of our resources in an arena where the other side has all the aces. Hope these tidbits help. I will not be able to attend the ExCom next weekend. JBK >>> Jonathan Rosenbaum <freesource(a)cheat.org> 08/15/08 3:19 PM >>> I am the Delegate for WVSC to the Annual Sierra Club Council Meeting this September. Attached are two documents. The first, INFO_ResolutionsProcess.pdf describes the procedure to apply in writing a Resolution that would be submitted to National at the meeting. If there is a resolution you'd really like to see passed on a National level, this is a great opportunity, so please bring it to the next ExCom, and email it to both Jim Sconyers and me, regardless of whether or not you can attend the ExCom. The second, State-of-the-Chapter.pdf, explains what information National wants about the State of our Chapter, i.e., Conservation Goals, Working Relationships, Budget & Finances, and Other Resource Needs. Please bring input on the various areas that apply to you at the next ExCom meeting, and email both Jim and me regardless of whether or not you can attend the ExCom. This is another great opportunity to express to National what we as a Chapter need in order to succeed. Thanks! -Jonathan

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Re: [EC] Excom: Resolutions and State of Chapter
by Michael Price 17 Aug '08

17 Aug '08

I agree with Jim. We have in the USW a simular way of submiting resolutions for the International Conventions. And belive me it is almost impossible to get any resolution passed. The ExComm of the USW rejects 99% of resolutions. mike ===================== From: James Kotcon <jkotcon(a)wvu.edu> Date: 2008/08/17 Sun PM 07:02:07 EDT To: duane330(a)aol.com, freesource(a)cheat.org, klastone(a)cisunix.unh.edu, blittle(a)citynet.net, kgrubb(a)fairmontstate.edu, monwimmer(a)gmail.com, nate.askins(a)gmail.com, pjgrunt(a)gmail.com, sandra.cress(a)gmail.com, william.depaulo(a)gmail.com, mdavis(a)hsc.wvu.edu, daves(a)labyrinth.net, allantweddle(a)msn.com, bill.price(a)sierraclub.org, greyhawkwv(a)verizon.net, regina1936(a)verizon.net, carve(a)wirefire.com, jkotcon(a)wvu.edu, bhaddaka(a)yahoo.com, brbr_fallon(a)yahoo.com, jim_scon(a)yahoo.com, sallywilts(a)yahoo.com Cc: ec(a)osenergy.org Subject: Re: Excom: Resolutions and State of Chapter Jonathon, et al. The "Resolutions" process appears to be the work of a bureaucratic mindset from people who have too little to do and too big an impression of their own power. Unless someone can convince me that this is truly needed, I recommend that we oppose this. My main concern is that this is the type of thing that old-timers would develop to stifle dissent and inhibit newcomers. Volunteers who are primarily focussed on saving the planet have better things to do with their time than file the proper paeprwork in triplicate two hours in advance of the meeting. I am sure they mean well, but one of the things our Chapter needs is less time spent on this kind of bureaucracy, and more time spent on advancing environmental protection activities. With regard to the Chapter assessment, we have some very good goals, but we need more help in translating complex technical/legal issues into grass-roots volunteer-building campaigns. The Wilderness Campaign was doing that, and we have been making some progress with other grassroots groups on energy issues, but mostly we are on the defensive against what the other guys are doing, and need to find ways to work our issues on the turf where we are strongest. Waiting for Allegheny and AEP to file an application on PATH is not a good way to win those battles, as we will spend the bulk of our resources in an arena where the other side has all the aces. Hope these tidbits help. I will not be able to attend the ExCom next weekend. JBK >>> Jonathan Rosenbaum <freesource(a)cheat.org> 08/15/08 3:19 PM >>> I am the Delegate for WVSC to the Annual Sierra Club Council Meeting this September. Attached are two documents. The first, INFO_ResolutionsProcess.pdf describes the procedure to apply in writing a Resolution that would be submitted to National at the meeting. If there is a resolution you'd really like to see passed on a National level, this is a great opportunity, so please bring it to the next ExCom, and email it to both Jim Sconyers and me, regardless of whether or not you can attend the ExCom. The second, State-of-the-Chapter.pdf, explains what information National wants about the State of our Chapter, i.e., Conservation Goals, Working Relationships, Budget & Finances, and Other Resource Needs. Please bring input on the various areas that apply to you at the next ExCom meeting, and email both Jim and me regardless of whether or not you can attend the ExCom. This is another great opportunity to express to National what we as a Chapter need in order to succeed. Thanks! -Jonathan

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Re: [EC] ExCom draft agenda 8.2008
by Regina Hendrix 17 Aug '08

17 Aug '08

FYI, I've had several calls regarding the Marcellus Shale drilling. I heard from a lady in Pendleton County, Lou Ann Smith. She is very concerned and is organizing in her area. I understand from talking with her today that Clarke Barnes and Mike Ross have gotten involved and are meeting with people in the area. Unfortunately, Lou Ann does not have an E-Mail contact. Regina Jim Sconyers wrote: > Attached is a draft agenda for the upcoming WVSC ExCom meeting. Please > let me know of any additions or changes. > > Jim Sconyers > jim_scon(a)yahoo.com > 603.969.6712 > > Remember: Mother Nature bats last. > >

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[Fwd: [fom] Progressive Dems of WV's Front Page: Coal River Wind]
by Regina Hendrix 17 Aug '08

17 Aug '08

FYI

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[Fwd: Re: [fom] Hobet mine permit deal approved; Layoffs averted at mountaintop-removal site on Boone-Lincoln county line]
by Regina Hendrix 17 Aug '08

17 Aug '08

Much, much anger about what Patriot did! This is the second time we've been had like this. This is what we can expect unless we get a 30-day review period before the permit is issued. Even so, I predict they'll be looking for ways to circumvent that. I sure hope we can effectively monitor the selenium. Regina

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Re: [EC] Excom: Resolutions and State of Chapter
by James Kotcon 17 Aug '08

17 Aug '08

Jonathon, et al. The "Resolutions" process appears to be the work of a bureaucratic mindset from people who have too little to do and too big an impression of their own power. Unless someone can convince me that this is truly needed, I recommend that we oppose this. My main concern is that this is the type of thing that old-timers would develop to stifle dissent and inhibit newcomers. Volunteers who are primarily focussed on saving the planet have better things to do with their time than file the proper paeprwork in triplicate two hours in advance of the meeting. I am sure they mean well, but one of the things our Chapter needs is less time spent on this kind of bureaucracy, and more time spent on advancing environmental protection activities. With regard to the Chapter assessment, we have some very good goals, but we need more help in translating complex technical/legal issues into grass-roots volunteer-building campaigns. The Wilderness Campaign was doing that, and we have been making some progress with other grassroots groups on energy issues, but mostly we are on the defensive against what the other guys are doing, and need to find ways to work our issues on the turf where we are strongest. Waiting for Allegheny and AEP to file an application on PATH is not a good way to win those battles, as we will spend the bulk of our resources in an arena where the other side has all the aces. Hope these tidbits help. I will not be able to attend the ExCom next weekend. JBK >>> Jonathan Rosenbaum <freesource(a)cheat.org> 08/15/08 3:19 PM >>> I am the Delegate for WVSC to the Annual Sierra Club Council Meeting this September. Attached are two documents. The first, INFO_ResolutionsProcess.pdf describes the procedure to apply in writing a Resolution that would be submitted to National at the meeting. If there is a resolution you'd really like to see passed on a National level, this is a great opportunity, so please bring it to the next ExCom, and email it to both Jim Sconyers and me, regardless of whether or not you can attend the ExCom. The second, State-of-the-Chapter.pdf, explains what information National wants about the State of our Chapter, i.e., Conservation Goals, Working Relationships, Budget & Finances, and Other Resource Needs. Please bring input on the various areas that apply to you at the next ExCom meeting, and email both Jim and me regardless of whether or not you can attend the ExCom. This is another great opportunity to express to National what we as a Chapter need in order to succeed. Thanks! -Jonathan

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Fwd: PATH meeting in Berkeley County
by James Kotcon 17 Aug '08

17 Aug '08

Route for PATH Causes Static Morgan residents voice concern over proposed power line By Jenni Vincent / Journal Staff Writer POSTED: August 15, 2008 (javascript:PopupPic('Photo=509411_1.jpg')) Citizen activist Jerry Berman receives many positive responses Thursday night from people who share his concerns about the proposed Potomac-Appalachian Transmission Highline. Berman is shown seated at right while talking to people at an open house in Morgan County. (Journal photo by Jenni Vincent) Editor's note: An article with the response of electric utility officials who attended Thursday night's open house on the proposed Potomac-Appalachian Transmission Highline is scheduled to be published in Saturday's edition of The Journal. BERKELEY SPRINGS - Citizen activist Jerry Berman was constantly busy at Thursday night's informational session on the proposed Potomac-Appalachian Transmission Highline, handing out cards to others who share his concerns about the new high-voltage power line. "You know, the electric utilities may have thought that they could just schedule this meeting at the last minute and slip it through - that no one living here would have much to say about this power line," Berman said. "But they thought wrong. We are not going to the take the path of least resistance, we're not going to take the PATH at all," he said, pausing as he gestured toward a large pile of cards filled out by people asking for additional information on the power line. Berman, who was wearing a name card that read "Citizens Against PATH," wasn't the only citizen protesting at the event. Organizers said people started arriving well before the event officially began at 5 p.m. The Homestead Restaurant - where the open house took place - was quickly filled up and folks parked all the way down the long driveway to where it meets U.S. 522. There was a line of residents waiting to enter the restaurant, with many people waiting 45 minutes or more outside as they waited their turn. Abby Chapple of the Friends of the Cacapon River worked alongside Berman, giving out literature highlighting the region's historical and natural resources. Working together, the pair urged dozens of folks to sign an online petition against the proposed power line that would run from St. Albans, near Charleston, to the Bedington substation northeast of Martinsburg. It would then continue from Bedington to a new substation to be built at Kemptown, southeast of Frederick, Md. PATH, at an estimated cost of $1.8 billion, is a joint venture by Allegheny Energy and American Electric Power. Chapple, former president and current vice president/treasurer of the Friends of the Cacapon River, said she's seen enough about the power line's possible route to be worried about its impact. "The way it may go up along the west side of Cacapon Mountain would be a disaster because it would hit something like 50 little streams. That would be just disastrous for the Cacapon River," Chapple said. "Also Route 9 is the Washington Heritage Trail, so it is historic and they shouldn't be allowed to impact that in any way," she said. "Beyond that, all the way over to Sidling Hill, it will impact the viewshed and be absolutely a disaster." If a new power line is constructed, the "corridor" of an existing line should be used, Chapple said. "We are going to demand that PATH stay on its present path. No new path for PATH," she said. Although pleased with Thursday night's response, Chapple said that she's working to get 5,000 signatures, "to show the company that we know what's going on with their proposal." The online petition can be found at _www.thepetitionsite.com._ (http://www.thepetitionsite.com./) Under search petitions, "PATH" can be typed in, in order to find the one sponsored by Friends of the Cacapon River. Close by on Thursday, protester Laura Steepleton of Berkeley Springs held a sign that read "Keep West Virginia Wild and Wonderful." Steepleton said she has a wide range of concerns, including the proposed power line's impact on nature as well as people's homes. She agreed that it represents a potential threat to the Cacapon River, especially since construction work may send sediment into its waters. "And I can't help but have my concerns about the electromagnetic field associated with a high-voltage line like this one," she said. "They say it's no more than your household appliance but I have a hard time believing that." Vernon Estel, Allegheny Energy's director of transmission projects, said it is important to remember that no final decisions have been made on PATH's route. His counterpart, Ron Poff of American Electric Power, said that might not happen until late this year. The utility officials hope to file an application with the state Public Service Commission, including the "preferred route," in December. "But the final decision, including the route for PATH, will be up to the commission members," Poff said. **************Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. (http://autos.aol.com/cars-Volkswagen-Jetta-2009/expert-review?ncid=aolaut00… )

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Updatd ExCom agenda 8.2008
by Jim Sconyers 17 Aug '08

17 Aug '08

Here is an updated agenda for the upcoming ExCom meeting. Note that it's a pretty full agenda. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Excom: Resolutions and State of Chapter
by Jonathan Rosenbaum 15 Aug '08

15 Aug '08

I am the Delegate for WVSC to the Annual Sierra Club Council Meeting this September. Attached are two documents. The first, INFO_ResolutionsProcess.pdf describes the procedure to apply in writing a Resolution that would be submitted to National at the meeting. If there is a resolution you'd really like to see passed on a National level, this is a great opportunity, so please bring it to the next ExCom, and email it to both Jim Sconyers and me, regardless of whether or not you can attend the ExCom. The second, State-of-the-Chapter.pdf, explains what information National wants about the State of our Chapter, i.e., Conservation Goals, Working Relationships, Budget & Finances, and Other Resource Needs. Please bring input on the various areas that apply to you at the next ExCom meeting, and email both Jim and me regardless of whether or not you can attend the ExCom. This is another great opportunity to express to National what we as a Chapter need in order to succeed. Thanks! -Jonathan

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FW: [wvec-board] APCO to buy electricity from Greenbrier wind farm
by Grubb, Karen 14 Aug '08

14 Aug '08

From: wvec-board(a)yahoogroups.com [mailto:wvec-board@yahoogroups.com] On Behalf Of Frank Young Sent: Thursday, August 14, 2008 11:56 AM To: wvec-board(a)yahoogroups.com; WVHCBOARD(a)yahoogroups.com Cc: Duane330(a)aol.com; Bill DePaulo Subject: [wvec-board] APCO to buy electricity from Greenbrier wind farm APCO to buy electricity from Greenbrier wind farm By The Associated Press <mailto:> CHARLESTON, W.Va. -- Appalachian Power Co. plans to buy electricity from a wind farm that's being developed in Greenbrier County. Appalachian Power's parent, Columbus, Ohio-based American Electric Power, announced the 20-year purchase agreement with Beech Ridge Energy LLC on Thursday. AEP says Appalachian Power plans to buy between and 100 and 147 megawatts, the entire output of the 186-megawatt project's first phase. The deal is subject to approval from the state Public Service Commission. AEP says it also hinges on renewal of the federal production tax credit for renewable energy for 2009. http://www.wvgazette.com/latest/200808140288

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Mitchell plant "declarants"
by Jim Sconyers 14 Aug '08

14 Aug '08

Hi folks- We (WVSC) need "declarants" for the Mitchell plant lawsuit - power plant violating selenium limits. Declarant means someone reasonably local who could be affected by the violation - in essence anyone residing nearby. The Mitchell plant is in Cresap, WV, which is about 5 miles from Moundsville. Question: do you know anyone who fits the above description? If so could you let me know please? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Fw: Hobet 22 lawsuit - good news!
by Jim Sconyers 12 Aug '08

12 Aug '08

<note from SC attorney Aaron Isherwood - we need letters to editors, online comments, etc. about this important victory in the MTR battles> Hey gang, Many comments have already been posted online reacting to Ken Ward's story about our TRO. From what I've seen, a lot are angry rants. It would be great if folks could submit comments. Naturally, we want to avoid the "jobs vs the envt" frame, and instead advocate solutions (like the Coal River Wind project). 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 Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "aaron.isherwood(a)sierraclub.org" <aaron.isherwood(a)sierraclub.org> To: Jim Sconyers <jim_scon(a)yahoo.com>; regina1936(a)verizon.net; Bill DePaulo <william.depaulo(a)gmail.com> Cc: bpricesc(a)earthlink.net; bill.mccabe(a)sierraclub.org; vafw(a)naxs.net; oliverbernstein(a)austin.rr.com Sent: Tuesday, August 12, 2008 3:36:27 PM Subject: Hobet 22 lawsuit - good news! Dear Jim, Regina and Bill: Sorry for the delay in giving you a report - yesterday was more than a little crazy - but in case you haven't heard, some good news in our case...! This will be tricky because of the threatened union worker lay-offs. Oliver Bernstein with our media team is working with Bill Price and our allies on a press strategy. Also, thought you'd enjoy the article at the bottom - from Virginia. Best, 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. http://www.wvgazette.com/News/200808111074 Judge blocks Hobet mine expansion A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line. By Ken Ward Jr. Staff writer A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line. U.S. District Judge Robert C. Chambers issued a temporary retraining order requested by the Ohio Valley Environmental Coalition and other groups. Chambers blocked the permit to allow more time to consider evidence and legal arguments in the latest federal court lawsuit over mountaintop removal coal mining. The judge set a hearing for Aug. 20 to consider whether his ruling should be extended to a longer preliminary injunction. "These are serious and substantial questions and this court is required to consider that," Chambers said during a telephone hearing Monday afternoon. Late last week, environmental group lawyers filed a new suit to try to block the Hobet expansion project, known as Hobet 22. They challenged a U.S. Army Corps of Engineers permit issued under the federal Clean Water Act, arguing that the corps did not properly consider the mine's impacts or give the public adequate opportunities to comment on the proposal. Corps officials held a 30-day comment period on the mine in late 2006. But key parts of the mine plan - especially details of how Hobet will mitigate the loss of streams harmed by the operation - were not available until a year later. A final version of that mitigation plan was not available until March 2008. "Until the permit is issued, no one knows what is going on," said Joe Lovett, a lawyer for the citizen groups. "The public doesn't have a meaningful opportunity to raise concerns." Corps attorney Ann Navaro told Chambers that the Hobet permit is different from other agency mining authorizations that have been challenged in court. Hobet has not proposed traditional valley fills that typically bury streams at strip-mining operations. A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line. U.S. District Judge Robert C. Chambers issued a temporary retraining order requested by the Ohio Valley Environmental Coalition and other groups. Chambers blocked the permit to allow more time to consider evidence and legal arguments in the latest federal court lawsuit over mountaintop removal coal mining. The judge set a hearing for Aug. 20 to consider whether his ruling should be extended to a longer preliminary injunction. "These are serious and substantial questions and this court is required to consider that," Chambers said during a telephone hearing Monday afternoon. Late last week, environmental group lawyers filed a new suit to try to block the Hobet expansion project, known as Hobet 22. They challenged a U.S. Army Corps of Engineers permit issued under the federal Clean Water Act, arguing that the corps did not properly consider the mine's impacts or give the public adequate opportunities to comment on the proposal. Corps officials held a 30-day comment period on the mine in late 2006. But key parts of the mine plan - especially details of how Hobet will mitigate the loss of streams harmed by the operation - were not available until a year later. A final version of that mitigation plan was not available until March 2008. "Until the permit is issued, no one knows what is going on," said Joe Lovett, a lawyer for the citizen groups. "The public doesn't have a meaningful opportunity to raise concerns." Corps attorney Ann Navaro told Chambers that the Hobet permit is different from other agency mining authorizations that have been challenged in court. Hobet has not proposed traditional valley fills that typically bury streams at strip-mining operations. The mine would generate about 30.5 million cubic yards of waste rock and dirt. Most of it would be returned to the mined area, to restore it to its approximate original contour. About 3 million cubic yards of excess rock and dirt would be dumped into existing valley fills on adjacent permits. But the Hobet 22 operation would still "permanently eliminate" more than 4.2 miles of streams, according to corps permit documents. Company officials proposed to mitigate this damage with a plan to "reconstruct" and "create" streams once the mining is done. In a previous case, Chambers has found little evidence that such plans work. Hobet lawyer Bob McLusky told Chambers that Hobet the mining complex involved is the largest United Mine Workers operation in West Virginia. McLusky said that up to 300 UMW jobs could be at stake, but did not provide details as to how long mining could continue without the new permit. "I can't tell you there will be people laid off in 10 days, but at some point in an injunction procedure, people will lose their jobs," McLusky said. A UMW lawyer noted a formal appearance at Monday's hearing, but did not otherwise speak. Corps permit records say that Hobet 22 would employ 75 workers, and mine 2.4 million tons of coal over a three-year period. McLusky also told Chambers that "significant work" has already been done at the site, under a state mining permit issued in June 2007 and the corps permit issued Aug. 1. "This site is already substantially disturbed," McLusky said. "You can't un-ring the bell here." August 12, 2008 Judge blocks Hobet mine expansion A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line. The mine would generate about 30.5 million cubic yards of waste rock and dirt. Most of it would be returned to the mined area, to restore it to its approximate original contour. About 3 million cubic yards of excess rock and dirt would be dumped into existing valley fills on adjacent permits. But the Hobet 22 operation would still "permanently eliminate" more than 4.2 miles of streams, according to corps permit documents. Company officials proposed to mitigate this damage with a plan to "reconstruct" and "create" streams once the mining is done. In a previous case, Chambers has found little evidence that such plans work. Hobet lawyer Bob McLusky told Chambers that Hobet the mining complex involved is the largest United Mine Workers operation in West Virginia. McLusky said that up to 300 UMW jobs could be at stake, but did not provide details as to how long mining could continue without the new permit. "I can't tell you there will be people laid off in 10 days, but at some point in an injunction procedure, people will lose their jobs," McLusky said. A UMW lawyer noted a formal appearance at Monday's hearing, but did not otherwise speak. Corps permit records say that Hobet 22 would employ 75 workers, and mine 2.4 million tons of coal over a three-year period. McLusky also told Chambers that "significant work" has already been done at the site, under a state mining permit issued in June 2007 and the corps permit issued Aug. 1. "This site is already substantially disturbed," McLusky said. "You can't un-ring the bell here." Reach Ken Ward Jr. at kw...(a)wvgazette.comor 348-1702. August 11, 2008 Bristol Herald Courier An End To Mountaintop Removal Mining? By Debra McCown ABINGDON, Va. – Mountaintop removal could be ended by as early as next year, said a leader in an environmental group working to halt the destructive mining practices. “Now there is an increasingly powerful and vocal national movement to stop mountaintop removal,” said Matt Wasson, an ecologist and director of programs for Appalachian Voices. “I’m saying we’re going to have it stopped by the end of next year ... the end of 2009.” “Mountaintop removal” is, to some, a controversial term. It refers to the blasting away of mountain ridges to get to the coal underneath, a process that evolved with technological advancements over the decades from traditional contour mining. What makes this type of mining cost-effective is a valley-fill permit, which allows the overburden – dirt and rock removed to expose the coal – to be dumped into adjacent valleys. The practice has been criticized as degrading to the environment and hazardous to nearby residents, who must endure the noise, dust and danger of blasting on the mountains above their homes, as well as flooding when stream courses are changed. “Mountaintop removal mining is a national disgrace,” said Aaron Isherwood, staff attorney for the Sierra Club. “If the American people knew what was happening in Appalachia, I feel certain that they would demand an end to this practice.” Coal producers argue that their industry is one of the nation’s most regulated – and as long as they follow regulations, they should be allowed to extract the fuel that fires half of the nation’s electricity generation. Wasson pins his hopes on two distinct possibilities – a pending U.S. 4th Circuit Court of Appeals ruling on a West Virginia court case and the election of a new U.S. president who will take office in January. Other activists agree that both have the potential to put a stop to the issuance of new permits for mountaintop removal mining. “I think if we get a new president, It’ll be stopped, and I guess we’re going to get a new president by next year,” said Joe Lovett, director of the Appalachian Center for the Economy and the Environment. Legal ramifications With a long list of plaintiffs and defendants, the West Virginia lawsuit seeks to put a stop to valley-fill permits, which are issued by the U.S. Army Corps of Engineers. Central to the issue is the question of whether the discard from mining should be considered waste under the 1977 Clean Water Act, which limits the release of pollutants into streams. “I don’t know what will happen in the future,” Lovett said. “I can tell you we haven’t had any significant permits issued since March 2007 because the court found that the federal government was illegally issuing permits at that time.” When a federal court in West Virginia issued an order rescinding permits in question, the permits were sent back to the Corps. The Corps of Engineers contested the ruling in the Richmond appellate court. The case also includes an issue related to sediment discharge. Lovett said three different decisions on valley fills have been overturned by the 4th Circuit since 2000, “but we’re much more optimistic this time.” He said if the appeals court upholds the decision, the federal government, which he said loosened its regulations during the current administration, would have to completely change its permitting processes. “How can they approve the filling of hundreds and a couple thousand miles of mountain streams in this region and say that’s not significantly degrading the water?” Lovett said. “All I can say is the Corps hasn’t been doing its job up until now.” He said in addition to the West Virginia case, which will also affect Virginia, legal action also is under way in Kentucky, and the proposed Ison Rock Ridge mining permit in Wise County, Va., is being watched closely as it moves through the regulatory process, as is the court ruling expected soon in a lawsuit over logging on the site. Andrew Ames, spokesman for the U.S. Department of Justice’s Environment and Natural Resources Division, said the four permits remanded back to the Corps were not stopped; they were just sent back for review. “I wouldn’t be able to comment on what we think the 4th Circuit’s going to rule, but that appeal and those four individual permits do not affect the Army Corps’ ability to issue further individual permits, and they have been doing that,” Ames said. “The plaintiffs again have filed suit over those, and that is still in litigation.” Surface mining’s future Mark Taylor, chief of the energy resource section in the regulatory branch for the Corps, said several valley-fill projects have been authorized by his Huntington, W.Va., district since the West Virginia ruling. “Have we issued any coal mining permits since the ruling? Yes, we have. Do we feel it complies with the judge’s ruling? Yes, we do,” Taylor said. “In the regulatory department, we follow the rules and regulations as passed on to us by Congress and ... the judges. … Whatever they decide is what we will do. We are neither for projects nor against projects.” David Spears, policy manager for the Virginia Department of Mines, Minerals and Energy, said even a ruling from the 4th Circuit favorable to the plaintiffs would not stop all surface mining here. “They would still be able to do traditional surface mining, which is what we call contour surface mining, where they mine around the mountains and reclaim the land when they’re done,” Spears said. “They put the material back up into the mined area.” Barbara Altizer, executive director of the Eastern Coal Council, said if surface mining were stopped, the effect would be catastrophic for the region. “It would be devastating, and not just to Southwest Virginia counties. It would impact Washington County, it would impact the Tri-Cities area. The coal dollar flows in lots of directions,” she said. “There’s so many things that coal is used for.” She said coal has helped the entire nation to grow and prosper, and, along with providing relatively inexpensive energy, it could be the key to future energy independence with the help of technology. She said the extraction of coal by surface mining also has tangible local benefits. “When you live in a mountainous region, sometimes you appreciate the flat land,” she said. “We’ve got airports. We’ve got housing developments. We’ve got shopping centers [because of land flattened by mining].” Jim Norvelle, spokesman for Dominion Virginia Power, which is building a new coal-fired power plant in Wise County, said he would not speculate on the future of valley-fill permits. But, he said, the plant will be able to use a wide variety of fuels. “One of the reasons we pushed so hard for circulating fluidized bed clean-coal technology for this power station is its ability to burn a wide variety of fuels,” Norvelle said. “We will be able to design our fuel plan around a wide range of coal, waste coal and biomass, and can make adjustments as the market for those fuels changes.” Activists say that while opposition to mountaintop removal is reaching critical mass, it will ultimately take action by a new administration in Washington to clarify Clean Water Act regulations to define mine spoil as waste or prohibit mountaintop removal outright. “The next administration could clarify the federal regulations and make it clear that mountaintop removal mining was never foreseen when the surface mining laws were passed and is not permitted under those laws,” Lovett said. “We can fight with agencies all we want, but it’s going to take some will in Washington to get things done.” dmccown(a)bristolnews.com| (276) 791-0701

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FW: See this
by Grubb, Karen 12 Aug '08

12 Aug '08

-----Original Message----- From: mountainpartyexcom(a)googlegroups.com [mailto:mountainpartyexcom@googlegroups.com] On Behalf Of unclesteve197(a)yahoo.com Sent: Tuesday, August 12, 2008 1:29 AM To: mountainpartyexcom(a)googlegroups.com Cc: Daniel Chiotos; Mr. Jeremy Brannon; Aimee Cobb; Heather Sprouse; Leah Devine; Malyka Knapp-Smith; jesse4wvgov(a)yahoo.com; braingymslp(a)yahoo.com; jennieks1(a)yahoo.com; glassamulet(a)hotmail.com; joelbrown88(a)yahoo.com; paulb(a)mc.net; braindeadkid(a)gmail.com; mendelkramer(a)comcast.net; genny_judge(a)yahoo.com; scooter(a)the-exchange-us.com; blkcloud(a)sonic.net; ronnells_mom(a)yahoo.com; Rose Edington; mar3356(a)citynet.net; dmitchell7327(a)suddenlink.net; jerrygrady(a)hotmail.com; hickok6(a)verizon.net; jack.l.hickok(a)wv.gov; mcmillian9(a)yahoo.com; sarapearlbird(a)hotmail.com; xkatwalkx(a)aol.com; angelaplu(a)yahoo.com; 'Marian Keyes'; zroom910(a)aol.com; unclesteve197(a)yahoo.com; wilgerca(a)suddenlink.net; priustech(a)merc.com; Williamson, Gabby; Jeremy Brannan Subject: See this ON MTR - worth reading the comments!!! http://www.commondreams.org/archive/2008/08/11/10933/

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Re: [EC] [Fwd: TrAIL decision]
by William V. DePaulo, Esq. 11 Aug '08

11 Aug '08

Jim I spoke to the guy at the Dominion Post and another guy at WVMetroNews. I plan to file a petition for reconsideration which will keep the Aug 1 order from becoming final (and thereby allowing TrAILCo to commence eminent domain) until the petition is denied. It also extends the time for appeal for 30 days past the decision on the petition for reconsideration, an extension I need because I will be out of town at the end of the month for two of three weeks. I will probably need to seek a stay at the PSC and/or the WVSCOA after the petition for reconsideration is decided. Bill On Mon, Aug 4, 2008 at 5:52 PM, James Kotcon <jkotcon(a)wvu.edu> wrote: > Thanks Bill. I got a call from Dominion Post and WV News Service. I think > we need to maximize press exposure, because the Morgantown radio says > TrAILCO plans to start work "immediately". > > When can we file? > > Meanwhile, I also got a call from another local person who was unaware that > the Grafton Route was even being considered, let alone approved, until she > heard the WV Public Radio broadcast this morning, and the route crosses her > property. > > JBK > > >>> "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> 8/4/2008 2:12 > PM >>> > Jim > > I'll call this guy... > > Bill > > On Mon, Aug 4, 2008 at 1:56 PM, Regina Hendrix <regina1936(a)verizon.net > >wrote: > > > Bill or Jim, Would you give this guy a call. I will let him know he will > > be hearing from one or both of you soon. Regina > > > > Regina, > > > > My name is Jeff Jenkins, reporter, WV MetroNews in Charleston.... > > > > I'm looking for some reaction..(a phone interview) from the Sierra Club > in > > connection with the PSC's decision on the TrAIL project.. could you > please > > call me at WV MetroNews in Charleston.....If not you----someone else with > > the organization would be fine...thanks for you time.. Jeff > > > > > > 342-0580 > > > > > > > -- > 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 > > -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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[Fwd: Winter 2009 Canvass Chapter Notification/Feedback Page]
by Regina Hendrix 09 Aug '08

09 Aug '08

I have sent an E-Mail asking if there's any canvassing planned for WV. I believe they have canvassed here in the past and it was not at all coordinated with the Chapter. I've sent an E-Mail inquiring if there's any WV canvassing planned and mentioned the supply of MTR brochures we have. If they are canvassing in state we might want them to distribute info on Trail and PATH and our promotion of an alternative energy program for WV. Regina

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[Fwd: Re: [fom] TrailCo and PATH powerlines]
by Regina Hendrix 07 Aug '08

07 Aug '08

Would someone on the energy committee send some ingo to Mike Harman and his wife, Barbara. They are great Charleston activists for several local organizations and can be very helpful in the PATH fight. They live near the John Amos Power Plant. Regina

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Re: [EC] [fom] TrailCo and PATH powerlines
by Regina Hendrix 07 Aug '08

07 Aug '08

Hi Mike, good to hear from you. I've cc'd the Energy Committee and I'm sure you'll be hearing from someone on the committee soon because we need all the info, experience and support we can get. You must have picked this up from the FOM list where I pasted in the Sierra Club's press release? Regina Mike Harman wrote: > Thanks, Regina, for this finely-stated message. This ( the power line > proposals) is obviously one of the most significant developments in > our energy future, and it must be stopped. > > I have a thick file here from the late 70's concerning the Coalition > of American Electric Consumers, which initially sprung up to stop a > pumped-storage hydro project in Virginia, but which eventually > blossomed into a six-state coalition systematically taking on AEP in > every public venue, with a coherent, comprehensive approach to > conservation, rate reform, and more effective regulation. It was > moderately successful, in my opinion, for as long as it lasted. Dave > Grubb and I helped staff this in WV. > > I have a couple of copies of their multi-colored general flyer which > lays out their overall mission and strategy, if others are interested. > I recently corresponded with Richard Austen, who lead this effort, and > he would be willing to meet with some folks to review their history & > tactics. Now that I'm retired, I would be very interested in helping > as best I can. > > Thanks again! > > Mike Harman > > > > > > > > > ----- Original Message ----- From: "Regina Hendrix" > <regina1936(a)verizon.net> > To: "All of FOM list" <fom(a)lists.riseup.net>; > <mountainjustice(a)lists.riseup.net> > Cc: "Jim Sconyers" <jim_scon(a)yahoo.com>; "Mary Davis" > <mdavis(a)hsc.wvu.edu>; "James Kotcon" <jkotcon(a)wvu.edu>; "William V. > DePaulo, Esq." <william.depaulo(a)gmail.com> > Sent: Wednesday, August 06, 2008 11:19 AM > Subject: [fom] TrailCo and PATH powerlines > > > Once again our Public Service Commission has betrayed the trust of West > Virginians. See http://www.wvgazette.com/News/200808011022 for the >

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PATH
by Regina Hendrix 07 Aug '08

07 Aug '08

I had a call this A.M. from Katherine Kapo of So. Jackson County. She recently learned about PATH and she (along with others in her community) is interested in organizing in opposition. She attended one of the power line info meetings recently and she mentioned that the company has organized a great show of power--not surprising I guess. I've sent her a copy of SC's press release. She would like some pointers on how to organize in her community and anything else that would be helpful. I'm thinking maybe Bill Price would have some advice for her. Katherine's phone is Home-304-988-0009 and Cell-304-380-6686. Regina Hendrix

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Re: [EC] TrAIL line
by Grubb, Karen 06 Aug '08

06 Aug '08

We were eager to work with your council in the past and wish to continue the fight with you. I am sending this to the whole Sierra Club Energy Committee so that all will know of your interest and have an opportunity to respond to you. We are continuing to raise money to fight TrAIL and PATH and welcome you as an ally. We have need of more funds for consultants and legal expenses. I am also sending our press release in case you have not seen it. Karen Grubb Sierra Club Executive Committee From: Rob Marmet [mailto:rmarmet@pecva.org] Sent: Wednesday, August 06, 2008 10:40 AM To: Grubb, Karen Subject: TrAIL line Karen-I got your name off the Sierra Club West Virginia web site. Could you pass along this email to the appropriate contact? I am with Piedmont Environmental Council in Virginia. We have been fighting the TrAIL line here. I see that you have gotten an adverse ruling from the West Virginia Public Service Commission. We got a similar result from the Hearing Examiner in Virginia. Piedmont Environmental Council is willing to work with the Sierra Club in West Virginia to continue to oppose the TrAIL line. If there is any interest, please have the appropriate person contact me. Thanks. Robert G. Marmet Piedmont Environmental Council 45 Horner Street PO Box 460 Warrenton, VA 20188 540 347 2334 Phone 540 454 9536 Cell

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Fwd: Senate Testimony
by James Kotcon 06 Aug '08

06 Aug '08

FYI. JBK >>> "John Balasko" <mjmb(a)westco.net> 8/5/2008 10:02 PM >>> Jim, The following testimony may be useful for Mr. DePaulo's appeal. http://stopaptrail.org/images/LoehrTesitmony_ENR_committee_07.31.08-0001.pdf John George C. Loehr eLucem 4101 Killington Rd. NW, Albuquerque, NM 87114 Phone (505) 792-0643 ~ Fax (505) 792-0644 ~ e-mail: gloehr(a)eLucem.com Hearings of the Senate Energy and Natural Resources Committee July 31, 2008

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Fwd: revised small grant program
by Paul Wilson 06 Aug '08

06 Aug '08

fyi, paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Tue, Aug 5, 2008 at 11:15 PM Subject: Fwd: revised small grant program To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org We have revised our small grants program to include projects that address mining issues. Please take a look at the new RFP and application here: http://clubhouse.sierraclub.org/conservation/energy/coal/coal-resources.aspx Verena Verena Owen Advisor, Sierra Club National Coal Campaign ------------------------------ It's time to go back to school! Get the latest trends and gadgets that make the grade on AOL Shopping<http://shopping.aol.com/back-to-school?ncid=aolins00050000000007> . ------------------------------ It's time to go back to school! Get the latest trends and gadgets that make the grade on AOL Shopping<http://shopping.aol.com/back-to-school?ncid=aolins00050000000007> . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 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: 304-279-6975

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TRAILCO - Sierra Club Petition for Reconsideration of August 1 PSC Decision
by William V. DePaulo, Esq. 06 Aug '08

06 Aug '08

Aaron Last Friday, August 1, the PSC issued a decision granting Allegheny Energy's TrAILCo subsidiary the authority to build the 165 mi electric transmission line from PA, across 114 miles of WV, to the western side of Va. It's a $1 billion project intended, by TrAILCo's own testimony, to provide the infrastructure for four new IGCC coal-fired electric generation plants. The Sierra Club intervened, participated in the ten-day marathon hearing, and along with a number of others thought we actually may have defeated this thing back in January. Importantly, the PSC staff filed a comprehensive brief against approval after the close of evidence. However, after the close of the evidence, TrAILCo embarked on an extensive course of communications -- ex parte in our view, simply negotiations in theirs -- which resulted in the PSC staff attorney reversing their prior position and supporting the proposed line. We obtained nearly 2000 documents under the FOIA relating to the closed-door meetings, and another 1100 from the Governor's office whom many suspected was orchestrating things off stage. In short, by the time the Aug 1 decision came down, we were no longer surprised to see TrAILCo prevail. Under PSC rules, TrAILCo can begin eminent domain proceedings the moment the decision becomes final. PSC rules provide that the decision is not final if a party files a petition for reconsideration within ten days. I filed a quickly drawn petition for reconsideration yesterday - see copy attached. I could fwd the PSC decision also, but it's 183 pages long and a 13 MB file. Let me know if you'd like to see it. It takes about 20 minutes to download from the PSC site. An appeal goes to the WV Supreme Court and must be filed 30 days after the order becomes final. It will now become final 30 days after the PSC rules on the petition for reconsideration. I plan to prepare an appeal. I was not under the impression that a new matter form was required for an appeal, but some folks suggested I check with you. We'd also probably want to pursue the two FOIA requests in court as both the PSC (with a Vaughn index) and the Governor's office (without a Vaughn index) withheld many documents. I could do the FOIA requests on the basis of whatever fees are awarded by the court, if any. Do we need a new matter sheet for any or all of this? Thanks. Bill (and congrats on the victory in Virginia. Great, great work) -- 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 -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Sierra Club Petition for Reconsideration filed today - August 5, 2008
by William V. DePaulo, Esq. 05 Aug '08

05 Aug '08

I have attached a Petition for Reconsideraton filed today with the PSC. Under PSC rules, TrAILCo can commence eminent domain proceedings as soon as the August 1 order is final, i.e., within 30 days (the time set for an appeal to the WV Supreme Court. Rule 19.3 allows a party to seek reconsideration within 10 days of issuance of an order, i.e., August 11 here. By filing the petition for reconsideration within the ten day deadline, we extend the time for appeal to 30 days after the decison on the petition for reconsideration. The additional time will be critical to putting together a brief that addresses the 3000 page transcript and the nearly 3000 pages of FOIA documents. The attached document has been filed and served, and can be released to any one who wants it. Bill -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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ExCom meeting at Shot Cherry info
by Jim Sconyers 05 Aug '08

05 Aug '08

Our next WVSC ExCom meeting is August 22 - 24 at Shot Cherry Cabin in the Mon National Forest. It is near Riverton and Spruce Knob. Information about the cabin, amenities, meals, and a rough schedule is attached. An agenda call will be made soon. Note that the cabin has no electricity - so, among other things, no charging of laptop batteries. Paul - could you post the info on the website, please? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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The Energy Pander Bears
by Jim Sconyers 04 Aug '08

04 Aug '08

Meet the Energy Pander Bears! There's silly Georgie Pander Bear - drill in the coastal waters - it'll solve the gas problem! There's old Johnny Pander Bear - don't inflate your tires properly - but do hug a radionuclide! And there's little Barry Pander Bear - tap the oil reserve like it was a honey tree - make everyone happy! No more fantastical than Goldilocks, the Three Little Pigs, ... But we knew those stories were fairy tales! Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Fwd: who needs power lines...
by James Kotcon 04 Aug '08

04 Aug '08

>>> "Vivian Stockman" <vivian(a)ohvec.org> 8/4/2008 7:25 AM >>> Within 10 years, homeowners could power their homes in daylight with solar photovoltaic cells, while using excess solar energy to produce hydrogen and oxygen from water to power a household fuel cell. If the new process developed at the Massachusetts Institute of Technology finds acceptance in the marketplace, electricity-by-wire from a central source could be a thing of the past. more http://www.ens-newswire.com/ens/aug2008/2008-08-02-01.asp

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Sierra Press Release
by William V. DePaulo, Esq. 02 Aug '08

02 Aug '08

Here is the release issued last night to Ken Ward at the Gazette -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Fw: A washingtonpost.com cartoon link from: jim_scon@yahoo.com
by Jim Sconyers 01 Aug '08

01 Aug '08

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Re: [EC] PSC DECISION ON TRAILCO DUE
by Jim Sconyers 01 Aug '08

01 Aug '08

attached with some notes in bold Also - I guess it's OK to say we're appealing this to the Supreme Court - but to do so will require approvals from WV ExCom and, maybe, national SC. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> To: James Kotcon <jkotcon(a)wvu.edu> Cc: Duane Nichols <Duane330(a)aol.com>; WV Chapter Energy Committee <EC(a)osenergy.org>; Jim Sconyers <jim_scon(a)yahoo.com> Sent: Friday, August 1, 2008 12:23:40 PM Subject: Re: PSC DECISION ON TRAILCO DUE Ken Ward sent an email asking if we would have comments -- assuming the PSC acts today. I have drafted a press release which is attached. Please respond with any comments promptly. Bill On Fri, Aug 1, 2008 at 9:03 AM, James Kotcon <jkotcon(a)wvu.edu> wrote: I concur. I will bet a six-pack of your favorite legal beverage that Mile Layton of the Dominion Post will call me before I even have a chance to read the decision. Would this be a good time to focus attention once again on the PSC Staff flip-flop? I think it is fair to point out that the Commissioners rely on accurate and objective input from their Staff, and Melton's testimony that the line is not needed till 2014, and that they were influenced by the economic "goodies" offered by Allegheny in determining "need" is clearly inappropriate, both legally and scientifically. (Need to work on that sound bite). JBK >>> "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> 8/1/2008 3:22 AM >>> Technically the PSC is not required to decide TrAILCo until Aug 2, Saturday. But the *probability is that they will issue a decision today in TrAILCo's favor* -- there's no reason to ruin a weekend with a formality that can be dispensed with on Friday. It is very likely we will get calls from some *media*. Assuming the decision is to approve TrAILCo's application -- and I expect nothing else -- I believe we should express *disappointment with the PSC decision, without questioning their good faith*, and indicate that *we will in all probability will appeal *to the WV Supreme Court. And we will continue our fight to stop other unnecessary and environmentally degrading transmission lines in the future, i.e. PATH from AEP in the fal. I also be strongly that we should *avoid anything that could be viewed as personal attacks *on the intelligence or character of PSC Commissioners McKinney and Staats, whom we will appear in front of for many years. There is plenty on the merits to criticize here. We should* focus on the big themes* -- 1. the *temporary, short term character of the purported benefits* and 2. the *permanence of the long term environmental costs*, both physically on the ground in West Virginia and world-wide in terms of global warming. 3. * the alternative energy solutions -- the low hanging fruit of conservation, wind and solar -- simply waiting to be picked*. 4. the risks of *failing to divesify *West Virginia's energy base away a 97% dependence on coal at a time when coal is about to be hit with massive cost increases, increases that W. Va. consumers and businesses will have no way to avoid. In short, let's use this exercise as an opportunity for education. 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 -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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PSC DECISION ON TRAILCO DUE
by William V. DePaulo, Esq. 01 Aug '08

01 Aug '08

Technically the PSC is not required to decide TrAILCo until Aug 2, Saturday. But the *probability is that they will issue a decision today in TrAILCo's favor* -- there's no reason to ruin a weekend with a formality that can be dispensed with on Friday. It is very likely we will get calls from some *media*. Assuming the decision is to approve TrAILCo's application -- and I expect nothing else -- I believe we should express *disappointment with the PSC decision, without questioning their good faith*, and indicate that *we will in all probability will appeal *to the WV Supreme Court. And we will continue our fight to stop other unnecessary and environmentally degrading transmission lines in the future, i.e. PATH from AEP in the fal. I also be strongly that we should *avoid anything that could be viewed as personal attacks *on the intelligence or character of PSC Commissioners McKinney and Staats, whom we will appear in front of for many years. There is plenty on the merits to criticize here. We should* focus on the big themes* -- 1. the *temporary, short term character of the purported benefits* and 2. the *permanence of the long term environmental costs*, both physically on the ground in West Virginia and world-wide in terms of global warming. 3. * the alternative energy solutions -- the low hanging fruit of conservation, wind and solar -- simply waiting to be picked*. 4. the risks of *failing to divesify *West Virginia's energy base away a 97% dependence on coal at a time when coal is about to be hit with massive cost increases, increases that W. Va. consumers and businesses will have no way to avoid. In short, let's use this exercise as an opportunity for education. Bill -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Fwd: Final WVNS usage report for Report: West Virginia Drivers Spend Higher Percentage
by Paul Wilson 31 Jul '08

31 Jul '08

pretty good coverage on this WVNS story, paul ---------- Forwarded message ---------- From: Public News Service <wvns(a)publicnewsservice.org> Date: Mon, Jul 28, 2008 at 4:23 PM Subject: Final WVNS usage report for Report: West Virginia Drivers Spend Higher Percentage To: pjgrunt(a)gmail.com Dear West Virginia News Service supporters, Attached is the usage report for a story related to Global Warming/Air Quality that was aired on 7/24/2008. As you will see from the attached report, the story entitled Report: West Virginia Drivers Spend Higher Percentage of Income on Gas was aired by at least 764 stations. Plus 29 stations took both soundbites and ran at least two versions of the story. Additionally, the RSS story text or audio was accessed 4 times. These numbers are conservative since we know stories are commonly run 3-4 times on each station during the course of a day As always, keep sending story ideas to our producer: Rob Ferrett WVNS Executive Producer Toll Free: 800-317-6705 Local: 800-317-6705 Fax: 540.301.0801 wvns(a)publicnewsservice.org The banner or story summary for this story is: Charleston, WV – West Virginians are listed as some of the most vulnerable in the country when it comes to high gas prices, according to a new report from the Natural Resources Defense Council. The study looked at percentage of income spent on fuel, as well as state policies to encourage better gas mileage for cars and trucks. Comments from Deron Lovaas (darin LOH-voss), transportation security director with NRDC. --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org 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: 304-279-6975

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