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Re: [EC] [WVaPATH] Re: WV Net Metering rules vs. "Alternative" energy
by John Christensen 07 Feb '10

07 Feb '10

The net metering bill is officially in the hopper today at 3pm, should come out with a number next week if all goes well. Will advise. Anybody planning on coming down for E-Day on the 24th? John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org > [Original Message] > From: Frank Young <fyoung(a)mountain.net> > To: <jbc329(a)earthlink.net>; Art and Pam Dodds <pamelart(a)hughes.net>; James Kotcon <James.Kotcon(a)mail.wvu.edu>; Bill Howley <billhowley(a)hughes.net>; <ec(a)osenergy.org>; John balasko <mjmb(a)westco.net>; Larry <LMWatBullRun(a)yahoo.com> > Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > Date: 2/4/2010 5:58:11 PM > Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" energy > > John, 2000 KW (2 megawatts) is the generating capacity of only one single > wind turbine in the typical "wind farms" of today. > > > ----- Original Message ----- > From: "John Christensen" <jbc329(a)earthlink.net> > To: "Art and Pam Dodds" <pamelart(a)hughes.net>; "Frank Young" > <fyoung(a)mountain.net>; "James Kotcon" <James.Kotcon(a)mail.wvu.edu>; "Bill > Howley" <billhowley(a)hughes.net>; <ec(a)osenergy.org>; "John balasko" > <mjmb(a)westco.net>; "Larry" <LMWatBullRun(a)yahoo.com> > Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > Sent: Thursday, February 04, 2010 5:52 PM > Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > energy > > > > Art and Pam, there is nothing in the bill that promotes large wind farms > > to > > my knowledge. How many KW would those type generators produce? The max > > in > > this bill would be 2000 KW total for industrial applications. > > > > John Christensen > > WV Environmental Council > > Lobby Team Member > > 410-499-4873 cell > > www.wvecouncil.org > > > > > >> [Original Message] > >> From: Art and Pam Dodds <pamelart(a)hughes.net> > >> To: <jbc329(a)earthlink.net>; Frank Young <fyoung(a)mountain.net>; James > > Kotcon <James.Kotcon(a)mail.wvu.edu>; Bill Howley <billhowley(a)hughes.net>; > > <ec(a)osenergy.org>; John balasko <mjmb(a)westco.net>; Larry > > <LMWatBullRun(a)yahoo.com> > >> Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > >> Date: 2/4/2010 10:42:59 AM > >> Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > > energy > >> > >> Greetings: > >> > >> The use of solar and wind, which are volatile sources, requires more coal > > to > >> be burned than if they were not in the system at all. This makes the > > waste > >> products such as tires, bio-fuel, methane from coal beds, and trash, more > >> reliable and will reduce the amount of coal used instead of increasing > > the > >> amount of coal used. > >> > >> Residential solar panels and residential small windmills provide energy > > that > >> can be stored in batteries and used when needed, without negative impacts > > to > >> the grid or to the environment. Residential renewables save coal and > > money > >> to the person at the residence by storage of energy in batteries and by > > net > >> metering. HOWEVER, industrial-scale wind turbines require electricity > > from > >> the grid in order to operate properly, require coal-fired plants to > > operate > >> at all times for the required reliable back-up, and require that the > >> coal-fired boilers ramp up and down to keep pace with the volatile wind > >> source. It is important to remember that the generating capacity of the > >> coal-fired or nuclear plants must be maintained at the projected load, > >> regardless of what other volatile sources of energy, such as wind and > > solar, > >> are in the system. > >> > >> Additionally, construction of industrial-scale wind turbines on our > > mountain > >> ridges requires thousands of acres of deforestation, results in habitat > >> fragmentation, causes negative impacts to our water resources due to > >> increased stormwater runoff and decreased groundwater recharge, and > >> slaughters bats and birds (for example, it is estimated that 3,000 bats > > are > >> killed annually at Backbone Mountain alone). The cumulative negative > >> impacts to our water resources by deforestation for transmission lines > > and > >> industrial-scale wind turbines, in addition to the horrid mountain-top > >> removal operations, will create water resource problems that will > > ultimately > >> be irreversible. We strongly advise that you NOT add wording that > > promotes > >> construction of industrial-scale wind turbines. Incentives for SMALL, > >> RESIDENTIAL windmills would help tremendously to reduce the need for > >> electricity from the grid. > >> > >> Pam and Art Dodds > >> > >> ----- Original Message ----- > >> From: "Larry" <LMWatBullRun(a)yahoo.com> > >> To: <jbc329(a)earthlink.net>; "Frank Young" <fyoung(a)mountain.net>; "James > >> Kotcon" <James.Kotcon(a)mail.wvu.edu>; "Bill Howley" > > <billhowley(a)hughes.net>; > >> <ec(a)osenergy.org>; "John balasko" <mjmb(a)westco.net> > >> Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > >> Sent: Thursday, February 04, 2010 6:02 AM > >> Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > >> energy > >> > >> > >> I think that this is an improvement. There are two issues- reducing the > >> need for new plants, and reducing the environmental impact. Does this > > bill > >> address the 1% cap issue? There is no technical reason not to permit a > >> greater percentage than 1%, especially for relatively reliable sources > > such > >> as waste to energy boilers. > >> > >> We might also suggest some way for preferred sources (like those with > > less > >> impact (solar, wind) or those most reliable (WVO diesel, etc)) to > > supersede > >> more traditional sources, too. I can craft some language for that if > >> desired. > >> ----- Original Message ----- > >> From: John Christensen > >> To: Frank Young ; James Kotcon ; Bill Howley ; ec(a)osenergy.org ; John > >> balasko > >> Cc: dsgjr(a)aol.com ; wvapath(a)yahoogroups.com > >> Sent: Wednesday, February 03, 2010 9:07 PM > >> Subject: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > > energy > >> > >> > >> the new rules we are proposing in Manypenny's bill tba....please advice > > as > >> to any problems > >> > >> John Christensen > >> WV Environmental Council > >> Lobby Team Member > >> 410-499-4873 cell > >> www.wvecouncil.org > >> > >> > >> ----- Original Message ----- > >> From: Frank Young > >> To: James Kotcon;Bill Howley;ec(a)osenergy.org;John Balasko > >> Cc: dsgjr(a)aol.com; wvapath(a)yahoogroups.com; jbc329(a)earthlink.net > >> Sent: 2/3/2010 8:00:11 PM > >> Subject: Re: [EC] WV Net Metering rules vs. "Alternative" energy > >> > >> > >> But Jim, the net metering rules of 2006 or 2007, promulgated as part > > of > >> the PSC's tariff making authority, apply only to generators up to 25 > >> Kilowatt (KW) capacity. Anything beyond 25 KW- which an industrial > > facility > >> using a waste coal or natural gas generator would be, would fall under > > the > >> federal Public Utility Regulatory Policies Act of 1978 (PURPA)- which > >> requires utilities to buy power from qualified facility generators at > >> "avoided cost". So the various line capacities and previous year > > aggregate > >> loads do not apply to anything beyond 25 KW anyway. > >> > >> Frank > >> > >> ----- Original Message ----- > >> From: James Kotcon > >> To: Bill Howley ; ec(a)osenergy.org ; John Balasko > >> Cc: dsgjr(a)aol.com ; wvapath(a)yahoogroups.com ; jbc329(a)earthlink.net > >> Sent: Wednesday, February 03, 2010 11:04 AM > >> Subject: Re: [EC] WV Net Metering rules vs. "Alternative" energy > >> > >> > >> The original net-metering rules, established around 2007, only > > applied > >> to large utilities, and exempted the small municipal systems and rural > > coops > >> in the state. This new rule would apply to all sellers of electricity, > >> including those smaller systems with <30,000 customers. > >> > >> The new net-metering rules were mandated in the Alternative and > >> Renewable Energy Portfolio Act of 2009, pushed by Gov. Manchin. The > > biggest > >> concern I have is that it extends the net-metering to non-renewable > > sources > >> including various coal, tire-derived-fuels, natural gas, waste coal, and > >> coal-bed methane. Furthermore, it retains the limit of 1 % of the > > utilities > >> aggregate load, and no more than 15 % on any one 3-phase line or 5 % on a > >> single-phase line. I think that means that an industrial facility using > > a > >> waste coal or natural gas generator could preclude net-metering to > >> residences using wind or solar. The more I think about this, the more it > >> seems like a REALLY BIG PROBLEM. > >> > >> While the Governor's bill established the portfolio standard, it is > >> not clear that it was meant to apply to the net-metering program. > >> > >> JBK > >> > >> >>> "John Balasko" <mjmb(a)westco.net> 2/3/2010 10:49 AM >>> > >> > >> > >> This may be the original "net metering order" filed by the > >> Commissioners for all electric utilities. Why don't the currently > > proposed > >> rules apply to all electric utilities and not just those with less than > >> 30,000 customers, and what are the significant differences? In response > > to > >> the case 06-0708-E-GI, several smaller utilities filed net metering > > tariffs > >> with the Commission. Mr. Rodecker filed for the Philipi utility. I'm > > new > >> to this area, but I was told by a friend who has solar panels that excess > >> generation produced by the customer was not paid for by the utility. The > >> currently proposed rules provide for a true-up at the end of each > > reporting > >> period. I'll have to do some more reading. > >> > >> John > >> > >> > >> 06-0708-E-GI 01/26/2007 Order View Document > >> General investigation into net metering, smart metering and > >> interconnection standards set forth in the Federal Energy Policy Act of > > 2005 > >> Commission Final Order that all electric utilities > > providing > >> service are directed to file the net metering tariff on or before > > 2/15/2007; > >> that each electric utility shall inform its customers of the net metering > >> tariff and contact information for those customers interested; that each > >> utility shall file affidavit evidencing notice on or before 4/10/2007; > > etc. > >> Case Final. Removing from open docket. > >> > >> > >> > >> From: Bill Howley > >> Sent: Wednesday, February 03, 2010 9:49 AM > >> To: John Balasko > >> Cc: owner(a)goetc.com ; WVBiker98(a)aol.com ; WVaPATH(a)yahoogroups.com > >> Subject: Re: [WVaPATH] WV Net Metering????? > >> > >> > >> The rules for larger power companies may already be in place. I > > know > >> of quite a few people who have been doing net metering with Allegheny and > >> Appalachian Power for a couple of years now. The rules you note only > > apply > >> to smaller utilities that do not have net metering programs in place. > >> Allegheny has been doing net metering in MD for ten years. They already > >> have programs set up. This rule is specifically for smaller WV > > companies, > >> because they have never had to do net metering before. > >> > >> Del. Mike Manypenny from Taylor County has introduced a bill in the > >> current legislative session that would dramatically expand WV's net > > metering > >> program. Right now, net metering is set up so that any credits you run > > by > >> producing more power than you use disappear in a relatively short time. > >> Manypenny's new bill (I'll get you a bill number soon) allows businesses, > >> homeowners and farmers to become net producers of electricity by > > requiring > >> power companies to actually purchase power from you up to certain limits. > > I > >> believe Manypenny's bill requires power companies to buy power up to 3 > >> megawatt hours per year from businesses and 1 megawatt hour per year from > >> farmers. > >> > >> John Balasko wrote: > >> > >> > >> Thom, Kathy, Donna, Bill, WVPATH > >> > >> I thought you all might enjoy the continuation of this joke that > > we > >> have gotten ourselves into. > >> > >> Is this something that requires lobbying action? > >> > >> > > http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityID > > =288733&NotType='WebDocket' > >> > >> GO 258 02/02/2010 Order View Document > >> General Order No. 258 > >> Commission Procedural Order that the Rules Governing > >> Electric Utility Net-Metering Arrangements and Interconnections are > >> promulgated as Commission proposed legislative rules; directing the > >> Executive Secretary to publish a copy of the Notice of Rulemaking in > >> Charleston; directing the Executive Secretary to serve a copy of the > > Notice > >> by electronic mail or by First Class Mail upon all electric utilities > >> operating in WV; directing the Executive Secretary to file a copy of the > >> Rules with the Office of the Secretary of State; establishing a comment > >> period; Initial Comments may be filed on or before 4/4/2010; Reply > > Comments > >> may be filed until 5/5/2010; etc. > >> > >> > >> The way I read the proposed rules Allegheny Power and Appalachian > >> Power would be exempt from net metering because they serve more than > > 30,000 > >> customers. > >> > >> Here is a list of the other generators affected: > >> > >> Black Diamond Power, Elk Power, Union Power, City of New > >> Martinsville, City of Philippi, Craig-Botetourt Electric Coop; Harrison > >> Rural Electrification, Shenandoah Valley Electric > >> > >> > >> Also, "The total rated generating capacity of all customers > >> served > >> under this tariff shall be limited to one percent (1%) of the > >> Company single hour peak load > >> > >> during the previous year. > >> > >> > >> Do you think the legislature will approve the proposed rules????? > >> The whole state and everything in it is controlled by COAL. > >> > >> Why do we allow our metallurgical coal to be shipped to China, > >> India, and Eastern Europe by Consol, Massey, and others. If these > > companies > >> and our "leaders" were so concerned about "national security," the > > shipments > >> would be stopped. > >> > >> John > >> > >> > >> > >> > >> -------------------------------------------------------------------------- > >> > >> > >> _______________________________________________ > >> EC mailing list > >> EC(a)osenergy.org > >> http://osenergy.org/mailman/listinfo/ec > >> > > > > > > >

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New Poll - Americans support clean energy, including cap-and-trade.
by Jim Sconyers 07 Feb '10

07 Feb '10

http://cleantechnica.com/2010/02/06/yet-another-poll-from-yale-shows-wide-s… New Poll - Americans support clean energy, including cap-and-trade. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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WV Net Metering Summary
by John Balasko 06 Feb '10

06 Feb '10

The attachment contains a summary of WV's net metering "rules" as they now stand. I've copied from the site in case you are not able to open the attachment. http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=WV03R&re=1&… West Virginia - Net Metering -------------------------------------------------------------------------------- Last DSIRE Review: 07/02/2009 Program Overview: State: West Virginia Incentive Type: Net Metering Eligible Renewable/Other Technologies: Photovoltaics, Landfill Gas, Wind, Biomass, Hydroelectric, Fuel Cells, Small Hydroelectric Applicable Sectors: Commercial, Residential Applicable Utilities: All utilities System Capacity Limit: 25 kW Aggregate Capacity Limit: 0.1% of utility's total load participation (utility tariff provision) Net Excess Generation: Credited to customer's next bill at retail rate REC Ownership: Not addressed Meter Aggregation: Not addressed Authority 1: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 12/12/2006 Authority 2: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 1/26/2007 Authority 3: HB 103 Date Enacted: 06/02/2009 Date Effective: 07/01/2009

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

05 Feb '10

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

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

05 Feb '10

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

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

04 Feb '10

kudos to Bill Price! ---------- Forwarded message ---------- From: Cramer, Virginia <virginia.cramer(a)apps.sierraclub.org> Date: Thu, Feb 4, 2010 at 4:39 PM Subject: press release on our West Virginia MTR CWA victory To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org Good news from West Virginia. - ginny FOR IMMEDIATE RELEASE February 4, 2010 Contact: Virginia Cramer, 804-225-9113 x 102 *Judge Rules Mountaintop Removal Coal Mines Polluting West Virginia Waterways* State’s efforts to help companies avoid penalties are invalid Charleston, WV: A judge has found that Powellton Coal Company has repeatedly violated the law by polluting West Virginia waterways, and has ordered a trial to further investigate scores of additional violations at Powellton’s Bridge Fork mountaintop removal coal mining complex in Fayette County. Among those waterways polluted are the tributaries that feed the Gauley River, a world-class whitewater run and prime tourist destination. The judge’s ruling came in response to a lawsuit brought by Sierra Club and the Ansted Historic Preservation Council. The judge also found that the West Virginia Department of Environmental Protection (WVDEP) could not act to insulate the coal company from clean water regulations. The WVDEP had issued “modification orders” in an attempt to allow the company to continue polluting. Those orders were ruled invalid. “This is another important step forward in holding Powellton responsible for their clean water violations. Water is our most important resource,” said Katheryne Hoffman, president of the Ansted Historic Preservation Council. “For Fayette County tourism is our economy. If they ruin these waters our future is gone. We have so much to offer and we need to protect that.” “Powellton knows about this pollution, but instead of paying to treat it at the source they just pass the costs along to the public, to the people and communities that rely on these waters for their well-being,” said Jim Sconyers, WV Chapter Chair of the Sierra Club. “They view these violations as just the cost of doing business.” The Ansted Historic Preservation Council and the Sierra Club challenged the Bridge Fork West mountaintop removal coal mine last year, raising serious concerns about the pollution from the mine’s valley fills and its impact on historic sites, local communities and tourist draws in the area. Pollution from the Bridge Fork mining complex has continually exceeded legal limits, leading to high levels of toxic aluminum, manganese and other pollution in nearby waterways. One of these waterways, which feed the Gauley River, is Rich Creek, well known for its trout fishing. “Common sense tells us that dumping toxic aluminum into a renowned trout stream is bad,” said Sierra Club Environmental Justice organizer Bill Price. “We should be protecting these economic drivers, using these sources of tourism to build some much needed diversity into our economy, not sacrificing them to more coal mining.” Aluminum pollution can sicken or kill fish. It can also lead to lower fish populations since eggs and larvae are more sensitive to aluminum pollution than mature fish. The groups are represented in their efforts by Derek Teaney and Joe Lovett of the Appalachian Center for the Economy and the Environment. ### -- Virginia Cramer Associate Press Secretary Sierra Club tel: 804-225-9113 x 102 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Re: [EC] [WVaPATH] Re: WV Net Metering rules vs. "Alternative" energy
by Larry 04 Feb '10

04 Feb '10

I think that this is an improvement. There are two issues- reducing the need for new plants, and reducing the environmental impact. Does this bill address the 1% cap issue? There is no technical reason not to permit a greater percentage than 1%, especially for relatively reliable sources such as waste to energy boilers. We might also suggest some way for preferred sources (like those with less impact (solar, wind) or those most reliable (WVO diesel, etc)) to supersede more traditional sources, too. I can craft some language for that if desired. ----- Original Message ----- From: John Christensen To: Frank Young ; James Kotcon ; Bill Howley ; ec(a)osenergy.org ; John balasko Cc: dsgjr(a)aol.com ; wvapath(a)yahoogroups.com Sent: Wednesday, February 03, 2010 9:07 PM Subject: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" energy the new rules we are proposing in Manypenny's bill tba....please advice as to any problems John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: Frank Young To: James Kotcon;Bill Howley;ec(a)osenergy.org;John Balasko Cc: dsgjr(a)aol.com; wvapath(a)yahoogroups.com; jbc329(a)earthlink.net Sent: 2/3/2010 8:00:11 PM Subject: Re: [EC] WV Net Metering rules vs. "Alternative" energy But Jim, the net metering rules of 2006 or 2007, promulgated as part of the PSC's tariff making authority, apply only to generators up to 25 Kilowatt (KW) capacity. Anything beyond 25 KW- which an industrial facility using a waste coal or natural gas generator would be, would fall under the federal Public Utility Regulatory Policies Act of 1978 (PURPA)- which requires utilities to buy power from qualified facility generators at "avoided cost". So the various line capacities and previous year aggregate loads do not apply to anything beyond 25 KW anyway. Frank ----- Original Message ----- From: James Kotcon To: Bill Howley ; ec(a)osenergy.org ; John Balasko Cc: dsgjr(a)aol.com ; wvapath(a)yahoogroups.com ; jbc329(a)earthlink.net Sent: Wednesday, February 03, 2010 11:04 AM Subject: Re: [EC] WV Net Metering rules vs. "Alternative" energy The original net-metering rules, established around 2007, only applied to large utilities, and exempted the small municipal systems and rural coops in the state. This new rule would apply to all sellers of electricity, including those smaller systems with <30,000 customers. The new net-metering rules were mandated in the Alternative and Renewable Energy Portfolio Act of 2009, pushed by Gov. Manchin. The biggest concern I have is that it extends the net-metering to non-renewable sources including various coal, tire-derived-fuels, natural gas, waste coal, and coal-bed methane. Furthermore, it retains the limit of 1 % of the utilities aggregate load, and no more than 15 % on any one 3-phase line or 5 % on a single-phase line. I think that means that an industrial facility using a waste coal or natural gas generator could preclude net-metering to residences using wind or solar. The more I think about this, the more it seems like a REALLY BIG PROBLEM. While the Governor's bill established the portfolio standard, it is not clear that it was meant to apply to the net-metering program. JBK >>> "John Balasko" <mjmb(a)westco.net> 2/3/2010 10:49 AM >>> This may be the original "net metering order" filed by the Commissioners for all electric utilities. Why don't the currently proposed rules apply to all electric utilities and not just those with less than 30,000 customers, and what are the significant differences? In response to the case 06-0708-E-GI, several smaller utilities filed net metering tariffs with the Commission. Mr. Rodecker filed for the Philipi utility. I'm new to this area, but I was told by a friend who has solar panels that excess generation produced by the customer was not paid for by the utility. The currently proposed rules provide for a true-up at the end of each reporting period. I'll have to do some more reading. John 06-0708-E-GI 01/26/2007 Order View Document General investigation into net metering, smart metering and interconnection standards set forth in the Federal Energy Policy Act of 2005 Commission Final Order that all electric utilities providing service are directed to file the net metering tariff on or before 2/15/2007; that each electric utility shall inform its customers of the net metering tariff and contact information for those customers interested; that each utility shall file affidavit evidencing notice on or before 4/10/2007; etc. Case Final. Removing from open docket. From: Bill Howley Sent: Wednesday, February 03, 2010 9:49 AM To: John Balasko Cc: owner(a)goetc.com ; WVBiker98(a)aol.com ; WVaPATH(a)yahoogroups.com Subject: Re: [WVaPATH] WV Net Metering????? The rules for larger power companies may already be in place. I know of quite a few people who have been doing net metering with Allegheny and Appalachian Power for a couple of years now. The rules you note only apply to smaller utilities that do not have net metering programs in place. Allegheny has been doing net metering in MD for ten years. They already have programs set up. This rule is specifically for smaller WV companies, because they have never had to do net metering before. Del. Mike Manypenny from Taylor County has introduced a bill in the current legislative session that would dramatically expand WV's net metering program. Right now, net metering is set up so that any credits you run by producing more power than you use disappear in a relatively short time. Manypenny's new bill (I'll get you a bill number soon) allows businesses, homeowners and farmers to become net producers of electricity by requiring power companies to actually purchase power from you up to certain limits. I believe Manypenny's bill requires power companies to buy power up to 3 megawatt hours per year from businesses and 1 megawatt hour per year from farmers. John Balasko wrote: Thom, Kathy, Donna, Bill, WVPATH I thought you all might enjoy the continuation of this joke that we have gotten ourselves into. Is this something that requires lobbying action? http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' GO 258 02/02/2010 Order View Document General Order No. 258 Commission Procedural Order that the Rules Governing Electric Utility Net-Metering Arrangements and Interconnections are promulgated as Commission proposed legislative rules; directing the Executive Secretary to publish a copy of the Notice of Rulemaking in Charleston; directing the Executive Secretary to serve a copy of the Notice by electronic mail or by First Class Mail upon all electric utilities operating in WV; directing the Executive Secretary to file a copy of the Rules with the Office of the Secretary of State; establishing a comment period; Initial Comments may be filed on or before 4/4/2010; Reply Comments may be filed until 5/5/2010; etc. The way I read the proposed rules Allegheny Power and Appalachian Power would be exempt from net metering because they serve more than 30,000 customers. Here is a list of the other generators affected: Black Diamond Power, Elk Power, Union Power, City of New Martinsville, City of Philippi, Craig-Botetourt Electric Coop; Harrison Rural Electrification, Shenandoah Valley Electric Also, "The total rated generating capacity of all customers served under this tariff shall be limited to one percent (1%) of the Company single hour peak load during the previous year. Do you think the legislature will approve the proposed rules????? The whole state and everything in it is controlled by COAL. Why do we allow our metallurgical coal to be shipped to China, India, and Eastern Europe by Consol, Massey, and others. If these companies and our "leaders" were so concerned about "national security," the shipments would be stopped. John -------------------------------------------------------------------------- _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

4 3

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

04 Feb '10

Art and Pam, there is nothing in the bill that promotes large wind farms to my knowledge. How many KW would those type generators produce? The max in this bill would be 2000 KW total for industrial applications. John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org > [Original Message] > From: Art and Pam Dodds <pamelart(a)hughes.net> > To: <jbc329(a)earthlink.net>; Frank Young <fyoung(a)mountain.net>; James Kotcon <James.Kotcon(a)mail.wvu.edu>; Bill Howley <billhowley(a)hughes.net>; <ec(a)osenergy.org>; John balasko <mjmb(a)westco.net>; Larry <LMWatBullRun(a)yahoo.com> > Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > Date: 2/4/2010 10:42:59 AM > Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" energy > > Greetings: > > The use of solar and wind, which are volatile sources, requires more coal to > be burned than if they were not in the system at all. This makes the waste > products such as tires, bio-fuel, methane from coal beds, and trash, more > reliable and will reduce the amount of coal used instead of increasing the > amount of coal used. > > Residential solar panels and residential small windmills provide energy that > can be stored in batteries and used when needed, without negative impacts to > the grid or to the environment. Residential renewables save coal and money > to the person at the residence by storage of energy in batteries and by net > metering. HOWEVER, industrial-scale wind turbines require electricity from > the grid in order to operate properly, require coal-fired plants to operate > at all times for the required reliable back-up, and require that the > coal-fired boilers ramp up and down to keep pace with the volatile wind > source. It is important to remember that the generating capacity of the > coal-fired or nuclear plants must be maintained at the projected load, > regardless of what other volatile sources of energy, such as wind and solar, > are in the system. > > Additionally, construction of industrial-scale wind turbines on our mountain > ridges requires thousands of acres of deforestation, results in habitat > fragmentation, causes negative impacts to our water resources due to > increased stormwater runoff and decreased groundwater recharge, and > slaughters bats and birds (for example, it is estimated that 3,000 bats are > killed annually at Backbone Mountain alone). The cumulative negative > impacts to our water resources by deforestation for transmission lines and > industrial-scale wind turbines, in addition to the horrid mountain-top > removal operations, will create water resource problems that will ultimately > be irreversible. We strongly advise that you NOT add wording that promotes > construction of industrial-scale wind turbines. Incentives for SMALL, > RESIDENTIAL windmills would help tremendously to reduce the need for > electricity from the grid. > > Pam and Art Dodds > > ----- Original Message ----- > From: "Larry" <LMWatBullRun(a)yahoo.com> > To: <jbc329(a)earthlink.net>; "Frank Young" <fyoung(a)mountain.net>; "James > Kotcon" <James.Kotcon(a)mail.wvu.edu>; "Bill Howley" <billhowley(a)hughes.net>; > <ec(a)osenergy.org>; "John balasko" <mjmb(a)westco.net> > Cc: <dsgjr(a)aol.com>; <wvapath(a)yahoogroups.com> > Sent: Thursday, February 04, 2010 6:02 AM > Subject: Re: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" > energy > > > I think that this is an improvement. There are two issues- reducing the > need for new plants, and reducing the environmental impact. Does this bill > address the 1% cap issue? There is no technical reason not to permit a > greater percentage than 1%, especially for relatively reliable sources such > as waste to energy boilers. > > We might also suggest some way for preferred sources (like those with less > impact (solar, wind) or those most reliable (WVO diesel, etc)) to supersede > more traditional sources, too. I can craft some language for that if > desired. > ----- Original Message ----- > From: John Christensen > To: Frank Young ; James Kotcon ; Bill Howley ; ec(a)osenergy.org ; John > balasko > Cc: dsgjr(a)aol.com ; wvapath(a)yahoogroups.com > Sent: Wednesday, February 03, 2010 9:07 PM > Subject: [WVaPATH] Re: [EC] WV Net Metering rules vs. "Alternative" energy > > > the new rules we are proposing in Manypenny's bill tba....please advice as > to any problems > > John Christensen > WV Environmental Council > Lobby Team Member > 410-499-4873 cell > www.wvecouncil.org > > > ----- Original Message ----- > From: Frank Young > To: James Kotcon;Bill Howley;ec(a)osenergy.org;John Balasko > Cc: dsgjr(a)aol.com; wvapath(a)yahoogroups.com; jbc329(a)earthlink.net > Sent: 2/3/2010 8:00:11 PM > Subject: Re: [EC] WV Net Metering rules vs. "Alternative" energy > > > But Jim, the net metering rules of 2006 or 2007, promulgated as part of > the PSC's tariff making authority, apply only to generators up to 25 > Kilowatt (KW) capacity. Anything beyond 25 KW- which an industrial facility > using a waste coal or natural gas generator would be, would fall under the > federal Public Utility Regulatory Policies Act of 1978 (PURPA)- which > requires utilities to buy power from qualified facility generators at > "avoided cost". So the various line capacities and previous year aggregate > loads do not apply to anything beyond 25 KW anyway. > > Frank > > ----- Original Message ----- > From: James Kotcon > To: Bill Howley ; ec(a)osenergy.org ; John Balasko > Cc: dsgjr(a)aol.com ; wvapath(a)yahoogroups.com ; jbc329(a)earthlink.net > Sent: Wednesday, February 03, 2010 11:04 AM > Subject: Re: [EC] WV Net Metering rules vs. "Alternative" energy > > > The original net-metering rules, established around 2007, only applied > to large utilities, and exempted the small municipal systems and rural coops > in the state. This new rule would apply to all sellers of electricity, > including those smaller systems with <30,000 customers. > > The new net-metering rules were mandated in the Alternative and > Renewable Energy Portfolio Act of 2009, pushed by Gov. Manchin. The biggest > concern I have is that it extends the net-metering to non-renewable sources > including various coal, tire-derived-fuels, natural gas, waste coal, and > coal-bed methane. Furthermore, it retains the limit of 1 % of the utilities > aggregate load, and no more than 15 % on any one 3-phase line or 5 % on a > single-phase line. I think that means that an industrial facility using a > waste coal or natural gas generator could preclude net-metering to > residences using wind or solar. The more I think about this, the more it > seems like a REALLY BIG PROBLEM. > > While the Governor's bill established the portfolio standard, it is > not clear that it was meant to apply to the net-metering program. > > JBK > > >>> "John Balasko" <mjmb(a)westco.net> 2/3/2010 10:49 AM >>> > > > This may be the original "net metering order" filed by the > Commissioners for all electric utilities. Why don't the currently proposed > rules apply to all electric utilities and not just those with less than > 30,000 customers, and what are the significant differences? In response to > the case 06-0708-E-GI, several smaller utilities filed net metering tariffs > with the Commission. Mr. Rodecker filed for the Philipi utility. I'm new > to this area, but I was told by a friend who has solar panels that excess > generation produced by the customer was not paid for by the utility. The > currently proposed rules provide for a true-up at the end of each reporting > period. I'll have to do some more reading. > > John > > > 06-0708-E-GI 01/26/2007 Order View Document > General investigation into net metering, smart metering and > interconnection standards set forth in the Federal Energy Policy Act of 2005 > Commission Final Order that all electric utilities providing > service are directed to file the net metering tariff on or before 2/15/2007; > that each electric utility shall inform its customers of the net metering > tariff and contact information for those customers interested; that each > utility shall file affidavit evidencing notice on or before 4/10/2007; etc. > Case Final. Removing from open docket. > > > > From: Bill Howley > Sent: Wednesday, February 03, 2010 9:49 AM > To: John Balasko > Cc: owner(a)goetc.com ; WVBiker98(a)aol.com ; WVaPATH(a)yahoogroups.com > Subject: Re: [WVaPATH] WV Net Metering????? > > > The rules for larger power companies may already be in place. I know > of quite a few people who have been doing net metering with Allegheny and > Appalachian Power for a couple of years now. The rules you note only apply > to smaller utilities that do not have net metering programs in place. > Allegheny has been doing net metering in MD for ten years. They already > have programs set up. This rule is specifically for smaller WV companies, > because they have never had to do net metering before. > > Del. Mike Manypenny from Taylor County has introduced a bill in the > current legislative session that would dramatically expand WV's net metering > program. Right now, net metering is set up so that any credits you run by > producing more power than you use disappear in a relatively short time. > Manypenny's new bill (I'll get you a bill number soon) allows businesses, > homeowners and farmers to become net producers of electricity by requiring > power companies to actually purchase power from you up to certain limits. I > believe Manypenny's bill requires power companies to buy power up to 3 > megawatt hours per year from businesses and 1 megawatt hour per year from > farmers. > > John Balasko wrote: > > > Thom, Kathy, Donna, Bill, WVPATH > > I thought you all might enjoy the continuation of this joke that we > have gotten ourselves into. > > Is this something that requires lobbying action? > > http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityID =288733&NotType='WebDocket' > > GO 258 02/02/2010 Order View Document > General Order No. 258 > Commission Procedural Order that the Rules Governing > Electric Utility Net-Metering Arrangements and Interconnections are > promulgated as Commission proposed legislative rules; directing the > Executive Secretary to publish a copy of the Notice of Rulemaking in > Charleston; directing the Executive Secretary to serve a copy of the Notice > by electronic mail or by First Class Mail upon all electric utilities > operating in WV; directing the Executive Secretary to file a copy of the > Rules with the Office of the Secretary of State; establishing a comment > period; Initial Comments may be filed on or before 4/4/2010; Reply Comments > may be filed until 5/5/2010; etc. > > > The way I read the proposed rules Allegheny Power and Appalachian > Power would be exempt from net metering because they serve more than 30,000 > customers. > > Here is a list of the other generators affected: > > Black Diamond Power, Elk Power, Union Power, City of New > Martinsville, City of Philippi, Craig-Botetourt Electric Coop; Harrison > Rural Electrification, Shenandoah Valley Electric > > > Also, "The total rated generating capacity of all customers served > under this tariff shall be limited to one percent (1%) of the > Company single hour peak load > > during the previous year. > > > Do you think the legislature will approve the proposed rules????? > The whole state and everything in it is controlled by COAL. > > Why do we allow our metallurgical coal to be shipped to China, > India, and Eastern Europe by Consol, Massey, and others. If these companies > and our "leaders" were so concerned about "national security," the shipments > would be stopped. > > John > > > > > -------------------------------------------------------------------------- > > > _______________________________________________ > EC mailing list > EC(a)osenergy.org > http://osenergy.org/mailman/listinfo/ec >

2 1

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

04 Feb '10

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

1 0

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

03 Feb '10

I am simply not sure that is the case, Paul. Mike Manypenny has offered a new net metering bill of his own. We are still trying to sort all this out. Don Garvin, WVEC lobby team In a message dated 2/3/2010 3:44:55 P.M. Eastern Standard Time, pjgrunt(a)gmail.com writes: so we cannot put up these small windmills? (_http://www.ownyourwind.com/_ (http://www.ownyourwind.com/) ) and get net-metering for individual homes? cheers, paul On Wed, Feb 3, 2010 at 11:04 AM, James Kotcon <_James.Kotcon(a)mail.wvu.edu_ (mailto:James.Kotcon@mail.wvu.edu) > wrote: The original net-metering rules, established around 2007, only applied to large utilities, and exempted the small municipal systems and rural coops in the state. This new rule would apply to all sellers of electricity, including those smaller systems with <30,000 customers. The new net-metering rules were mandated in the Alternative and Renewable Energy Portfolio Act of 2009, pushed by Gov. Manchin. The biggest concern I have is that it extends the net-metering to non-renewable sources including various coal, tire-derived-fuels, natural gas, waste coal, and coal-bed methane. Furthermore, it retains the limit of 1 % of the utilities aggregate load, and no more than 15 % on any one 3-phase line or 5 % on a single-phase line. I think that means that an industrial facility using a waste coal or natural gas generator could preclude net-metering to residences using wind or solar. The more I think about this, the more it seems like a REALLY BIG PROBLEM. While the Governor's bill established the portfolio standard, it is not clear that it was meant to apply to the net-metering program. JBK >>> "John Balasko" <_mjmb(a)westco.net_ (mailto:mjmb@westco.net) > 2/3/2010 10:49 AM >>> This may be the original "net metering order" filed by the Commissioners for all electric utilities. Why don't the currently proposed rules apply to all electric utilities and not just those with less than 30,000 customers, and what are the significant differences? In response to the case 06-0708-E-GI, several smaller utilities filed net metering tariffs with the Commission. Mr. Rodecker filed for the Philipi utility. I'm new to this area, but I was told by a friend who has solar panels that excess generation produced by the customer was not paid for by the utility. The currently proposed rules provide for a true-up at the end of each reporting period. I'll have to do some more reading. John _06-0708-E-GI_ (http://www.psc.state.wv.us/scripts/WebDocket/viewCaseForWebViewForm.cfm?Cas…) 01/26/2007 Order _View Document_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI… NotType='WebDocket') General investigation into net metering, smart metering and interconnection standards set forth in the Federal Energy Policy Act of 2005 Commission Final Order that all electric utilities providing service are directed to file the net metering tariff on or before 2/15/2007; that each electric utility shall inform its customers of the net metering tariff and contact information for those customers interested; that each utility shall file affidavit evidencing notice on or before 4/10/2007; etc. Case Final. Removing from open docket. From: _Bill Howley_ (mailto:billhowley@hughes.net) Sent: Wednesday, February 03, 2010 9:49 AM To: _John Balasko_ (mailto:mjmb@westco.net) Cc: _owner(a)goetc.com_ (mailto:owner@goetc.com) ; _WVBiker98(a)aol.com_ (mailto:WVBiker98@aol.com) ; _WVaPATH(a)yahoogroups.com_ (mailto:WVaPATH@yahoogroups.com) Subject: Re: [WVaPATH] WV Net Metering????? The rules for larger power companies may already be in place. I know of quite a few people who have been doing net metering with Allegheny and Appala chian Power for a couple of years now. The rules you note only apply to smaller utilities that do not have net metering programs in place. Allegheny has been doing net metering in MD for ten years. They already have programs set up. This rule is specifically for smaller WV companies, because they have never had to do net metering before. Del. Mike Manypenny from Taylor County has introduced a bill in the current legislative session that would dramatically expand WV's net metering program. Right now, net metering is set up so that any credits you run by producing more power than you use disappear in a relatively short time. Manypenny's new bill (I'll get you a bill number soon) allows businesses, homeowners and farmers to become net producers of electricity by requiring power companies to actually purchase power from you up to certain limits. I believe Manypenny's bill requires power companies to buy power up to 3 megawatt hours per year from businesses and 1 megawatt hour per year from farmers. John Balasko wrote: Thom, Kathy, Donna, Bill, WVPATH I thought you all might enjoy the continuation of this joke that we have gotten ourselves into. Is this something that requires lobbying action? _http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI D=288733&NotType='WebDocket'_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket') _GO 258_ (http://www.psc.state.wv.us/scripts/WebDocket/viewCaseForWebViewForm.cfm?Cas…) 02/02/2010 Order _View Document_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI… e='WebDocket') General Order No. 258 Commission Procedural Order that the Rules Governing Electric Utility Net-Metering Arrangements and Interconnections are promulgated as Commission proposed legislative rules; directing the Executive Secretary to publish a copy of the Notice of Rulemaking in Charleston; directing the Executive Secretary to serve a copy of the Notice by electronic mail or by First Class Mail upon all electric utilities operating in WV; directing the Executive Secretary to file a copy of the Rules with the Office of the Secretary of State; establishing a comment period; Initial Comments may be filed on or before 4/4/2010; Reply Comments may be filed until 5/5/2010; etc. The way I read the proposed rules Allegheny Power and Appalachian Power would be exempt from net metering because they serve more than 30,000 customers. Here is a list of the other generators affected: Black Diamond Power, Elk Power, Union Power, City of New Martinsville, City of Philippi, Craig-Botetourt Electric Coop; Harrison Rural Electrification, Shenandoah Valley Electric Also, "The total rated generating capacity of all customers served under this tariff shall be limited to one percent (1%) of the Company single hour peak load during the previous year. Do you think the legislature will approve the proposed rules????? The whole state and everything in it is controlled by COAL. Why do we allow our metallurgical coal to be shipped to China, India, and Eastern Europe by Consol, Massey, and others. If these companies and our "leaders" were so concerned about "national security," the shipments would be stopped. John __._,_.___ _Reply to sender_ (mailto:mjmb@westco.net?subject=Re:+[WVaPATH]+WV+Net+Metering?????) | _Reply to group_ (mailto:WVaPATH@yahoogroups.com?subject=Re:+[WVaPATH]+WV+Net+Metering?????) Recent Activity: _Visit Your Group_ (http://groups.yahoo.com/group/WVaPATH;_ylc=X3oDMTJmODI5M2RxBF9TAzk3MzU5NzE0… HNsawN2Z2hwBHN0aW1lAzEyNjUyMTIzMzg-) _Start a New Topic_ (http://groups.yahoo.com/group/WVaPATH/post;_ylc=X3oDMTJmaDRvZ2VpBF9TAzk3MzU… DQ0MjI5BGdycHNwSWQDMTcwNTA2MDY4MgRzZWMDZnRyBHNsawNudHBjBHN0aW1lAzEyNjUyMTIzM zg-) MARKETPLACE _Going Green: Your Yahoo! 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1 0

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

03 Feb '10

The original net-metering rules, established around 2007, only applied to large utilities, and exempted the small municipal systems and rural coops in the state. This new rule would apply to all sellers of electricity, including those smaller systems with <30,000 customers. The new net-metering rules were mandated in the Alternative and Renewable Energy Portfolio Act of 2009, pushed by Gov. Manchin. The biggest concern I have is that it extends the net-metering to non-renewable sources including various coal, tire-derived-fuels, natural gas, waste coal, and coal-bed methane. Furthermore, it retains the limit of 1 % of the utilities aggregate load, and no more than 15 % on any one 3-phase line or 5 % on a single-phase line. I think that means that an industrial facility using a waste coal or natural gas generator could preclude net-metering to residences using wind or solar. The more I think about this, the more it seems like a REALLY BIG PROBLEM. While the Governor's bill established the portfolio standard, it is not clear that it was meant to apply to the net-metering program. JBK >>> "John Balasko" <mjmb(a)westco.net> 2/3/2010 10:49 AM >>> This may be the original "net metering order" filed by the Commissioners for all electric utilities. Why don't the currently proposed rules apply to all electric utilities and not just those with less than 30,000 customers, and what are the significant differences? In response to the case 06-0708-E-GI, several smaller utilities filed net metering tariffs with the Commission. Mr. Rodecker filed for the Philipi utility. I'm new to this area, but I was told by a friend who has solar panels that excess generation produced by the customer was not paid for by the utility. The currently proposed rules provide for a true-up at the end of each reporting period. I'll have to do some more reading. John 06-0708-E-GI 01/26/2007 Order View Document General investigation into net metering, smart metering and interconnection standards set forth in the Federal Energy Policy Act of 2005 Commission Final Order that all electric utilities providing service are directed to file the net metering tariff on or before 2/15/2007; that each electric utility shall inform its customers of the net metering tariff and contact information for those customers interested; that each utility shall file affidavit evidencing notice on or before 4/10/2007; etc. Case Final. Removing from open docket. From: Bill Howley Sent: Wednesday, February 03, 2010 9:49 AM To: John Balasko Cc: owner(a)goetc.com ; WVBiker98(a)aol.com ; WVaPATH(a)yahoogroups.com Subject: Re: [WVaPATH] WV Net Metering????? The rules for larger power companies may already be in place. I know of quite a few people who have been doing net metering with Allegheny and Appalachian Power for a couple of years now. The rules you note only apply to smaller utilities that do not have net metering programs in place. Allegheny has been doing net metering in MD for ten years. They already have programs set up. This rule is specifically for smaller WV companies, because they have never had to do net metering before. Del. Mike Manypenny from Taylor County has introduced a bill in the current legislative session that would dramatically expand WV's net metering program. Right now, net metering is set up so that any credits you run by producing more power than you use disappear in a relatively short time. Manypenny's new bill (I'll get you a bill number soon) allows businesses, homeowners and farmers to become net producers of electricity by requiring power companies to actually purchase power from you up to certain limits. I believe Manypenny's bill requires power companies to buy power up to 3 megawatt hours per year from businesses and 1 megawatt hour per year from farmers. John Balasko wrote: Thom, Kathy, Donna, Bill, WVPATH I thought you all might enjoy the continuation of this joke that we have gotten ourselves into. Is this something that requires lobbying action? http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' GO 258 02/02/2010 Order View Document General Order No. 258 Commission Procedural Order that the Rules Governing Electric Utility Net-Metering Arrangements and Interconnections are promulgated as Commission proposed legislative rules; directing the Executive Secretary to publish a copy of the Notice of Rulemaking in Charleston; directing the Executive Secretary to serve a copy of the Notice by electronic mail or by First Class Mail upon all electric utilities operating in WV; directing the Executive Secretary to file a copy of the Rules with the Office of the Secretary of State; establishing a comment period; Initial Comments may be filed on or before 4/4/2010; Reply Comments may be filed until 5/5/2010; etc. The way I read the proposed rules Allegheny Power and Appalachian Power would be exempt from net metering because they serve more than 30,000 customers. Here is a list of the other generators affected: Black Diamond Power, Elk Power, Union Power, City of New Martinsville, City of Philippi, Craig-Botetourt Electric Coop; Harrison Rural Electrification, Shenandoah Valley Electric Also, "The total rated generating capacity of all customers served under this tariff shall be limited to one percent (1%) of the Company single hour peak load during the previous year. Do you think the legislature will approve the proposed rules????? The whole state and everything in it is controlled by COAL. Why do we allow our metallurgical coal to be shipped to China, India, and Eastern Europe by Consol, Massey, and others. If these companies and our "leaders" were so concerned about "national security," the shipments would be stopped. John __._,_.___ Reply to sender | Reply to group Recent Activity: Visit Your Group Start a New Topic MARKETPLACE Going Green: Your Yahoo! Groups resource for green living Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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

03 Feb '10

fyi, paul ---------- Forwarded message ---------- From: Scott Elkins <scott.elkins(a)sierraclub.org> Date: Mon, Feb 1, 2010 at 4:11 PM Subject: New State and Local Victory Tracker To: CONS-CRP-MEMBERS(a)lists.sierraclub.org *Announcing the launch of the Sierra Club’s new State and Local Victory Tracker* http://clubhouse.sierraclub.org/chapters/tracker/ Every day throughout the country, Sierra Club staff and volunteer activists are working hard and winning victories that improve their communities and make the world a cleaner, greener place. Now, we have a place on Clubhouse where we can recognize, celebrate and learn from our many state and local successes. The new State and Local Victory Tracker is available to all Sierra Club leaders and staff through the intranet Clubhouse site. The Tracker is set up to sort and filter victories by a number of variables, so that it’s easy to see the wins that are important to you. It’s a resource where chapter leaders can learn about proven campaign ideas; communications staff can find stories to share in Sierra Magazine, the Insider and other Club communications; and where everyone in the Club can keep up with the vital conservation work of chapters and groups. You are vital to the success of this new resource. We can’t begin to track all of the victories that Sierra Club activists are winning throughout the country, so we need you to be a part of making this happen. Visit the Tracker at the link below. If your chapter or group has won a victory that creates a positive change in the world, and if you don’t see that victory on the Tracker, let us know about it. A link at the top of the Tracker page will navigate you to the entry form, which takes only a few minutes to complete. After you submit your victory, we’ll confirm the information in your entry, and then post it to the tracker. New victories will be posted every week. Visit the State and Local Victory Tracker today. Learn about the work of your colleagues and friends, share in the celebration, and add your own stories. http://clubhouse.sierraclub.org/chapters/tracker/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-CRP-MEMBERS list, send any message to: CONS-CRP-MEMBERS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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More greenhouse gas reduction than 100 Nukes!
by James Kotcon 02 Feb '10

02 Feb '10

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

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

31 Jan '10

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

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

30 Jan '10

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

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

30 Jan '10

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

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

29 Jan '10

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

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

28 Jan '10

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

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

28 Jan '10

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

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State of Union
by Jim Sconyers 27 Jan '10

27 Jan '10

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

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

27 Jan '10

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

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

27 Jan '10

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

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

27 Jan '10

http://www.cleanskies.com/articles/bloomberg-opposes-nat-gas-drilling-nyc-w… -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

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Fwd: [GW-ACT-LEADERS] AEP on pilot CCS facility in West Virginia
by James Kotcon 26 Jan '10

26 Jan '10

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

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Longview Tax Exempt Bonds
by James Kotcon 25 Jan '10

25 Jan '10

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

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

25 Jan '10

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

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

24 Jan '10

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

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

24 Jan '10

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

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

23 Jan '10

fyi, incase some of you are not on this listserve. best, paul ---------- Forwarded message ---------- From: Verena Owen <verena_owen(a)prodigy.net> Date: 2010/1/22 Subject: 2010 coal campaign small grant program announcement To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org Beyond Coal Campaign * * * * * Small Grant * *Request for Proposals* *January, 2010* *ANNOUNCEMENT * * * The Beyond Coal Campaign is soliciting proposals from Sierra Club entities seeking to pursue its Campaign goals in 2010. Eligible entities include Sierra Club committees, chapters, groups, and ad hoc project teams. The small grants are reserved for volunteer-led efforts and are on a reimbursement-basis only. We cannot pay for staff time. Projects must align with the following primary goals of the National Coal Campaign: - Prevent the construction of a new coal-fired power plants, - Retire and/or replace existing coal plants with clean energy, - End mountaintop removal mining, prevent mining and infrastructure expansions in the Power River Basin, Alaska and other locations with destructive mining practices, - Increase opposition to and defeat dirty fuels : tar sands, oil shale, liquid coal and coal gas The Beyond Coal Campaign will give priority to projects where funds are used to increase grass roots volunteer involvement, to empower activists to engage others to help win on coal, and are used to coordinate local, state and national efforts and help build coalitions with other public interest and public health groups. Priority will also be given for issues or areas where we currently not have enough capacity. We are looking for innovative ideas, and ideas that could be translated or used for other locations. The coal campaign fully supports the Club’s diversity policy and encourages projects that further the goals of the policy. There are only limited *C3* funds (that means no lobbying), a total of about $50,000, available for these small grants. The suggested budget range is $5000 or less. Depending on demand, available funds, and a good pitch, a larger project may be considered. The Coal Campaign Small Grants Application Form is available on the Coal Campaign’s Clubhouse website or by contacting Judy.Hofrichter(a)sierraclub.org . There is no deadline for applying. Please inquire about available funds. It is expected that once applied for, funding decisions about projects will be made in two to four weeks and applicants will be notified of the outcome. If you do not hear from us, please follow up! * * * * For the coal team, Verena Owen Volunteer co-lead ------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Fwd: drop in electricity usage, especially coal-generated
by Jim Sconyers 22 Jan '10

22 Jan '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 1/22/10, Jane Feldman <feldman.jane(a)GMAIL.COM> wrote: From: Jane Feldman <feldman.jane(a)GMAIL.COM> Subject: Fwd: drop in electricity usage, especially coal-generated To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Friday, January 22, 2010, 1:28 PM Hi, all - Maybe you have seen this already. Good stuff. The EIA has a nice monthly report on electricity usage in the US at http://www.eia.doe.gov/cneaf/electricity/epm/epm_sum.html The latest one shows electrical usage dropping 4.6% in 2009 vs. 2008 and coal-generated electricity decreasing a whooping 12.4%. Factor in a recession, but I think this is still very good news. -- Jane Conservation Chair, Southern Nevada Group of the Sierra Club Energy Chair, Toiyabe Chapter of the Sierra Club - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/

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

21 Jan '10

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

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

20 Jan '10

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

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

20 Jan '10

[image: Green Inc. - Energy, the Environment and the Bottom Line]<http://greeninc.blogs.nytimes.com/> <http://www.nytimes.com/adx/bin/adx_click.html?type=cookie&pos=Position1B> January 20, 2010, 9:20 am Gas Drilling Techniques Under Fire … Again By JOHN COLLINS RUDOLF<http://greeninc.blogs.nytimes.com/author/john-collins-rudolf/> Drilling companies are side-stepping regulations on use of diesel fuel in the extraction process, a new report suggests. Federal government oversight of hydraulic fracturing – a drilling technique that boosts natural gas extraction by blasting water, sand and chemicals underground at high pressure – is sorely lacking, putting drinking water supplies at risk, an environmental policy group claimed in a report<http://www.ewg.org/drillingaroundthelaw>released Tuesday. According to the Environmental Working Group <http://www.ewg.org/>, a research and advocacy group based in Washington, drilling companies are side-stepping a permitting requirement for the use of diesel fuel in their fracturing fluids by using similar petroleum distillates that contain the same toxins as diesel, but require no permitting. The report also cites evidence that drilling companies continue to inject diesel fuel underground without the proper permits. “The industry has been able to operate above the law,” said Dusty Horwitt, the group’s senior counsel. “They’re doing an end-run around what little oversight is left.” The use of hydraulic fracturing has vastly boosted the productivity of existing natural gas wells and opened new territory to drilling, helping lift natural gas reserves in the United States by nearly a third, and igniting a drilling boom from New York to Wyoming. Yet as gas companies explore drilling in sensitive regions like the New York City watershed in upstate New York, concern over the technology’s potential to pollute water supplies has mounted. The drilling boom – and the growing controversy over the risk of water contamination – was outlined in a December article<http://www.nytimes.com/2009/12/08/business/energy-environment/08fracking.ht…>by Times reporters Jad Mouawad and Clifford Krauss. As they noted, the evidence of groundwater pollution attributable to fracturing is thin — though environmental groups contend that is because governments have been slow to react to the drilling boom and are not looking hard for contamination. Gas companies, meanwhile, acknowledge the validity of some concerns, but they claim that their technology is fundamentally safe. In 2004, the United States Environmental Protection Agency released a report<http://www.propublica.org/feature/buried-secrets-is-natural-gas-drilling-en…>declaring that hydraulic fracturing posed little threat to human health. The following year, drawing support from the E.P.A. report, Congress voted to exempt hydraulic fracturing from oversight under the Clean Water Act. The law made one exception, however – that companies acquire permits when using diesel fuel in their fracturing fluid. Diesel contains benzene and other cancer-causing agents. Obeying the letter of the law, many drilling companies switched from diesel to other petroleum distillates. Yet these distillates also contain toxics such as benzene, sometimes in even greater levels than the diesel they are replacing, according to the Environmental Working Group report. “These substitutes are extremely toxic,” Mr. Horwitt said. The group also contacted environmental agencies in New York, Pennsylvania, Montana, Texas and Wyoming – states where hydraulic fracturing has been used extensively – seeking information on the continuing use of diesel fuel in drilling. Only one state, Wyoming, provided information on permitting, the report states. “It’s not even clear if companies are getting permits if they’re using diesel,” Mr. Horwitt said. “This whole area has been shrouded in secrecy and lax regulation.” Drilling companies maintain that hydraulic fracturing is safe and have launched a fierce lobbying and public relations effort<http://www.energyindepth.org/projectbrief/record-of-safety/>to resist further regulation. Congress will have a chance to revisit the controversy over the safety of the technology this week as it weighs approval<http://thehill.com/blogs/e2-wire/677-e2-wire/76831-exxon-ceo-to-tout-safety…>of the Exxon Mobil Corporation’s proposed $41 billion acquisition of XTO Energy, a major player in natural gas extraction. [image: DCSIMG] -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

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Fw: New Community & Environmental Protection Resources
by Jim Sconyers 19 Jan '10

19 Jan '10

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

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

19 Jan '10

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

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

16 Jan '10

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

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

15 Jan '10

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

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

15 Jan '10

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

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

15 Jan '10

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

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Fwd: Fleischauer Bills
by James Kotcon 14 Jan '10

14 Jan '10

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

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

13 Jan '10

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

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

12 Jan '10

On the Diane Rehm Show on WAMU public Radio last Thursday, a couple of the guest referred to an embargoed article from Science magazine. Attached is a pdf of that article. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Fwd: Re: Wind Siting Guidelines
by James Kotcon 12 Jan '10

12 Jan '10

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

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Fwd: a "green" project by a Brunswick MD group
by James Kotcon 10 Jan '10

10 Jan '10

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

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

08 Jan '10

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

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

08 Jan '10

fyi, paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Thu, Jan 7, 2010 at 6:54 PM Subject: Club-wide "Call to Action on Clean Energy and Climate" - TUESDAY at 8:30pm ET To: COAL-CAMPAIGN-FORUM(a)lists.sierraclub.org *Subject: Club-wide "Call to Action on Clean Energy and Climate" - TUESDAY at 8:30pm ET PLEASE FORWARD TO YOUR LISTS * Last month President Obama's EPA declared that global warming pollutionendangers human health and welfare, and announced plans to limit emissions from big polluters. This plan is now under attack by Senator Lisa Murkowskiof Alaska and other friends of Big Coal and Oil. Join us for a *Club-wide conference "Call to Action on Clean Energy and Climate" on Tuesday, January 12th at 8:30pm ET/5:30pm PT*. <>We will discuss critical action needed to protect the Obama Administration's ability to clean up greenhouse gas emissions and protect public health. <>We will also share legislative projections for 2010 regarding clean energy and climate solutions. When: *Tuesday, January 12th at 8:30pm Eastern * Number: 866.501.6174 code: 223 9223 Call Agenda: Welcome and Context Legislative and Administrative Strategy Campaign Tactics, Tools and Resources Questions and Answers We need your help to create a create the groundswell of support needed to defend and win a clean energy economy in 2010! Tools for Action: Action Alert (take and forward to your lists!) - * https://secure2.convio.net/sierra/site/Advocacy?cmd=display&page=UserAction… *<https://secure2.convio.net/sierra/site/Advocacy?cmd=display&page=UserAction…> Talking Points (username and password: clubhouse, explore) - * http://clubhouse.sierraclub.org/communications/talking-points/politics/murk… *<http://clubhouse.sierraclub.org/communications/talking-points/politics/murk…> LTEs - * http://clubhouse.sierraclub.org/communications/talking-points/templates/mur… *<http://clubhouse.sierraclub.org/communications/talking-points/templates/mur…> Hope you can join, for Christina Christina.Yagjian(a)sierraclub.org, Verena Owen - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-FORUM list, send any message to: COAL-CAMPAIGN-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Obama to meet with Manchin - send a PATH message
by Jim Sconyers 06 Jan '10

06 Jan '10

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

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

06 Jan '10

While listening to the Diane Rehm show on WAMU public radio, I heard that tomorrow's show will be on Mountaintop Removal mining. If your public radio station does not carry the Diane Rehm show, you can listen in on their website via the link below. It would be nice to get some call or emails in to this show. You can email Diane Rehm at drshow(a)wamu.org I think this will be a 10am (ETZ) program as a book author is scheduled for 11am according to the website. http://wamu.org/programs/dr/ -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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FW: NYT (Friedman -- While Detroit Slept)
by James Kotcon 05 Jan '10

05 Jan '10

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

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

05 Jan '10

---------- Forwarded message ---------- From: West Virginia News Service WVNS <wvnsnews(a)gmail.com> Date: Mon, Jan 4, 2010 at 3:36 PM Subject: a new month and a new year To: I'm open to hearing story ideas for January. Best, Dan Heyman -- West Virginia News Service (WVNS) Toll Free: 1-800-317-6705 Fax: 540-301-0801 E-mail: wvns(a)publicnewsservice.org -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Fwd: PennFuture Appeals AMDRI permit for Dunkard Creek
by James Kotcon 05 Jan '10

05 Jan '10

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

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

29 Dec '09

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

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

28 Dec '09

Wow! As little as 15-20% of the fracking fluid may be recovered. Lotta crap staying in the Earth... Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Sun, 12/27/09, Donald C. Strimbeck <dcsoinks(a)comcast.net> wrote: From: Donald C. Strimbeck <dcsoinks(a)comcast.net> Subject: Fw: COG Digest, Vol 10, Issue 134 To: "Werner Loehlein" <werner.c.loehlein(a)usace.army.mil>, "Tom Mroz" <THOMAS.MROZ(a)NETL.DOE.GOV>, "Tom Konchesky" <scmayor(a)comcast.net>, "Steve Garvin" <SGarvin194(a)aol.com>, "Skip Pratt" <Skip.Pratt(a)eg.netl.doe.gov>, "Shanda Minney" <sminney(a)wvrivers.org>, "Scott Mandirola" <Scott.G.(a)yahoo.com> Date: Sunday, December 27, 2009, 11:47 AM Donald C. Strimbeck, Sec/Treas Upper Mon River Assoc UpperMon.org Vice Chair, Mon River Rec & Comm Com MonRiverSummit.org 109 Broad Street, P. O. Box 519 Granville WV 26534-0519 304-599-7585 (fax 4131) dcsoinks(a)comcast.net ----- Original Message ----- From: "Donald C. Strimbeck" <dcsoinks(a)comcast.net> To: Sent: Sunday, December 27, 2009 11:45 AM Subject: Fw: COG Digest, Vol 10, Issue 134 > News item of interest to those of us in Mon river watershed. > > Donald C. Strimbeck, Sec/Treas > Upper Mon River Assoc > UpperMon.org > > Vice Chair, Mon River Rec & Comm Com > MonRiverSummit.org > 109 Broad Street, P. O. Box 519 > Granville WV 26534-0519 > 304-599-7585 (fax 4131) > dcsoinks(a)comcast.net > > ----- Original Message ----- > From: <cog-request(a)lists.earthworksaction.org> > To: <cog(a)lists.earthworksaction.org> > Sent: Sunday, December 27, 2009 10:26 AM > Subject: COG Digest, Vol 10, Issue 134 > > >> Send COG mailing list submissions to >> cog(a)lists.earthworksaction.org >> >> To subscribe or unsubscribe via the World Wide Web, visit >> http://lists.earthworksaction.org/mailman/listinfo/cog_lists.earthworksacti… >> >> or, via email, send a message with subject or body 'help' to >> cog-request(a)lists.earthworksaction.org >> >> You can reach the person managing the list at >> cog-owner(a)lists.earthworksaction.org >> >> When replying, please edit your Subject line so it is more specific >> than "Re: Contents of COG digest..." >> >> >> Today's Topics: >> >> 1. Lustgarten: Junk stays in ground! (scobies) >> >> >> ---------------------------------------------------------------------- >> >> Message: 1 >> Date: Sun, 27 Dec 2009 10:52:07 -0500 >> From: scobies <scobies(a)frontiernet.net> >> Subject: [COG] Lustgarten: Junk stays in ground! >> To: cog(a)lists.earthworksaction.org >> Message-ID: <93D2336B-F2D4-42C6-B83B-310304B3BA87(a)frontiernet.net> >> Content-Type: text/plain; charset="windows-1252"; Format="flowed"; >> DelSp="yes" >> >> Relates directly to the original rationale for the Halliburton >> exemption. Powerful quotes from industry. >> >> NYStan >> Stan Scobie, Binghamton, NY <scobies(a)frontiernet.net> >> ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ >> >> http://www.politico.com/news/stories/1209/30978_Page3.html >> >> New gas wells leave more chemicals in ground >> By: Abrahm Lustgarten - ProPublica >> December 27, 2009 07:11 AM EST >> >> For more than a decade the energy industry has steadfastly argued >> before courts, Congress and the public that the federal law >> protecting drinking water should not be applied to hydraulic >> fracturing, the industrial process that is essential to extracting >> the nation?s vast natural gas reserves. In 2005 Congress, persuaded, >> passed a law prohibiting such regulation. >> >> Now an important part of that argument ? that most of the millions of >> gallons of toxic chemicals that drillers inject underground are >> removed for safe disposal, and are not permanently discarded inside >> the earth ? does not apply to drilling in many of the nation?s >> booming new gas fields. >> >> Three company spokesmen and a regulatory official said in separate >> interviews with ProPublica that as much as 85 percent of the fluids >> used during hydraulic fracturing is being left underground after >> wells are drilled in the Marcellus Shale, the massive gas deposit >> that stretches from New York to Tennessee. >> >> That means that for each modern gas well drilled in the Marcellus and >> places like it, more than three million gallons of chemically tainted >> wastewater could be left in the ground forever. Drilling companies >> say that chemicals make up less than 1 percent of that fluid. But by >> volume, those chemicals alone still amount to 34,000 gallons in a >> typical well. >> >> These disclosures raise new questions about why the Safe Drinking >> Water Act, the federal law that regulates fluids injected underground >> so they don?t contaminate drinking water aquifers, should not apply >> to hydraulic fracturing, and whether the thinking behind Congress? >> 2005 vote to shield drilling from regulation is still valid. >> >> When lawmakers approved that exemption it was generally accepted that >> only about 30 percent of the fluids stayed in the ground. At the >> time, fracturing was also used in far fewer wells than it is today >> and required far less fluid. Ninety percent of the nation?s wells now >> rely on the process, which is widely credited for making it >> financially feasible to tap into the Marcellus Shale and other new >> gas deposits. >> >> Congress is considering a bill that would repeal the exemption, and >> has directed the Environmental Protection Agency to undertake a fresh >> study of how hydraulic fracturing may affect drinking water supplies. >> But the government faces stiff pressure from the energy industry to >> maintain the status quo ? in which gas drilling is regulated state by >> state ? as companies race to exploit the nation?s vast shale deposits >> and meet the growing demand for cleaner fuel. Just this month, Exxon >> announced it would spend some $31 billion to buy XTO Energy, a >> company that controls substantial gas reserves in the Marcellus ? but >> only on the condition that Congress doesn?t enact laws on fracturing >> that make drilling ?commercially impracticable.? >> >> The realization that most of the chemicals and fluids injected >> underground remain there could stoke the debate further, especially >> since it contradicts the industry?s long-standing message that only a >> small proportion of the fluids is left behind at most wells. >> >> But while the message has not changed, the drilling has. >> >> In the nation?s largest and most important natural gas fields, far >> more chemicals are being used today than when Congress and the EPA >> last visited the fracturing issue, and far more of those fluids are >> remaining underground. Drilling companies say that as they?ve drilled >> in the Marcellus they?ve discovered that the shale rock ? which is >> similar to many of the nation?s largest natural gas projects in >> Louisiana, Texas and several other states ? holds more fluids than >> they expected. >> >> During hydraulic fracturing, drillers use combinations of some of the >> 260 chemical additives associated with the process, plus large >> amounts of water and sand, to break rock and release gas. Benzene and >> formaldehyde, both known carcinogens, are among the substances that >> are commonly found. >> >> >> If another industry proposed injecting chemicals ? or even salt water >> ? underground for disposal, the EPA would require it to conduct a >> geological study to make sure the ground can hold those fluids >> without leaking and to follow construction standards when building >> the well. In some cases the EPA would also establish a monitoring >> system to track what happens as the well ages. >> >> But because hydraulic fracturing is exempt from the Safe Drinking >> Water Act, it doesn?t necessarily have to conform to these federal >> standards. Instead, oversight of the drilling chemicals and the >> injection process has been left solely to the states, some of which >> regulate parts of the process while others do not. >> >> As the industry was lobbying Congress for that exemption ? and ever >> since ? the notion that most fluids would not be left underground >> continued to emerge as a recurring theme put forth by everyone from >> attorneys for Halliburton, which developed the fracturing process and >> is one of the leading drilling service companies, to government >> researchers and regulators. >> >> ?Hydraulic fracturing is fundamentally different,? wrote Mike Paque, >> director of the Ground Water Protection Council, an association of >> state oil and gas regulators, to Senate staff in a 2002 letter >> advocating for the exemption, ?because it is part of the well >> completion process, does not ?dispose of fluids? and is of short >> duration, with most of the fluids being immediately recovered.? >> >> The Ground Water Protection Council did not respond to a request for >> further comment. >> >> EPA officials maintained in 2005, and say now, that the volume of >> fluids left underground had little to do with its opinion that >> hydraulic fracturing for gas wells is not the same as underground >> injection. They say that distinction is because the primary function >> of the two types of wells is different: Gas wells are for production >> processes, while most EPA-regulated underground injection wells are >> intended for storage. >> >> But Stephen Heare, director of the EPA?s Drinking Water Protection >> Division in Washington, said that both the circumstances and the >> drilling technology have evolved. When asked to explain how hydraulic >> fracturing today is different from other forms of underground >> injection, he said the bottom line was simple: >> >> ?If you are emplacing fluid, it does not matter whether you are >> recovering 30 percent or 65 percent of it, if you are emplacing >> fluids that is underground injection,? Heare said. ?The simple >> explanation for why hydraulic fracturing is different from other >> injection activities,? he added, is that hydraulic fracturing ?is >> exempt from regulation under the Safe Drinking Water Act.? >> >> The argument that fracturing should not be regulated by the EPA >> became prominent in the 1990s, after the EPA said that fracturing lay >> outside the scope of the Safe Drinking Water Act, because the primary >> purpose of gas wells was energy production, not fluid disposal. >> >> A 1997 Alabama lawsuit challenged that position, and the 11th Circuit >> Court of Appeals ruled against the EPA. >> >> In that decision, the judges wrote that "According to the state >> agency, hydraulic fracturing is not underground injection because it >> does not result in permanent subsurface ?emplacement? of the fluids, >> as these fluids are pumped out of the ground before methane gas is >> extracted out of the well." But the judges called that assertion >> ?untenable? and ordered the EPA to regulate fracturing in Alabama >> under the Safe Drinking Water Act. They also ordered the EPA to more >> clearly define fracturing as a type of underground injection, a move >> that could have paved the way for regulation in other states as well. >> >> But in 2005, before such regulation could happen, Congress stepped in >> and gave hydraulic fracturing its special exemption from the Safe >> Drinking Water Act. >> >> When Congress voted for the exemption it referred to a 2004 EPA >> report, which concluded that fracturing did not pose a threat to >> drinking water. That report, which has since been criticized as >> incomplete, said that while some of the fracturing fluids remained >> underground, ?Most of the fracturing fluids injected into the >> formation are pumped back out of the well along with groundwater and >> methane gas." >> >> >> Lee Fuller, vice president of government affairs for the Independent >> Petroleum Association of America, said that the emphasis on >> wastewater removal was made to help legislators understand how >> fracturing was different from underground injection, but that those >> legislators also knew that much of the water stayed underground when >> they voted for the exemption. >> >> ?The EPA study said there was a certain amount of the water that does >> stay in the fractured formation. That information was known,? he >> said, adding that more of the water may seep out over the lifespan of >> the well. ?So I think there was an understanding of it on the part of >> the proponents of the proposal.? >> >> In the 2004 report, the EPA said as much as 59 percent of fracturing >> fluids can remain underground. A 2009 Department of Energy report >> titled Modern Shale Gas put that figure at 30 to 70 percent, but >> emphasized that most wells fall into the lower end of that range, >> explaining that "The majority of fracturing fluid is recovered in a >> matter of several hours to a couple of weeks." >> >> Just six months ago that point was reiterated in testimony before the >> House Committee on Natural Resources, when the Interstate Oil and Gas >> Compact Commission repeated a statement that former Alabama state >> geologist Donald Oltz made in the 1997 Alabama court case: "Almost >> all hydraulic fracturing fluid is recovered to the surface after a >> hydraulic fracturing operation." >> >> That statement contrasts sharply with the latest reports from regions >> where gas drilling is on the upswing. >> >> Spokesmen for Cabot Oil and Gas, Range Resources and Fortuna Energy ? >> three of the most active companies developing gas resources in the >> Marcellus Shale ? say >> that more water is trapped underground in newer drilling areas >> because the ?tight shale? that is loath to give up the gas is likely >> to hold onto the fluids too. >> >> ?It?s not like you pump a volume of water into the frack and then it >> gives you that volume back,? said Ken Komoroski, a spokesman for >> Cabot Oil and Gas, who says only 15 to 20 percent of the fluid comes >> back out. ?Most of the water and sand stays in the formation compared >> to in other geologic formations.? >> >> Gas industry officials say the amount of fluids they leave behind in >> their wells should have no bearing on whether hydraulic fracturing is >> or is not regulated by the federal government. What?s important is >> managing the risk, says the Independent Petroleum Associations? Lee >> Fuller, a job he says the industry is doing very well without >> additional oversight. >> >> ?You are wrapping yourself around a distinction of whether something >> should or should not be regulated under the Safe Drinking Water Act >> as opposed to whether something does or does not pose an >> environmental risk,? said Fuller, who asserts that despite numerous >> reports of contamination in drilling areas, the fracturing process >> has never been conclusively proven to be the cause. >> >> Regulation, Fuller said, ?may shut down natural gas drilling for a >> long time, but it is not going to make the environment any better.? >> >> It will fall to Congress ? and then to the EPA ? to decide whether >> that is truly the case. Sponsors of the Frack Act hope for a vote >> this spring. If it passes, and if the EPA finds reason to change the >> conclusions it reached in 2004, the agency would then have to decide >> exactly how fracturing will be addressed by the Safe Drinking Water Act. >> >> ?The thinking we did then, the study that we did then, we were really >> looking at a different set of circumstances,? said Heare, the EPA?s >> Drinking Water Protection Division director. ?The agency has not >> investigated the impacts of hydraulic fracturing in other settings >> such as shale gas production and at this time is unable to quantify >> the potential threat.? >> >> ProPublica is an independent, nonprofit newsroom that produces >> investigative journalism in the public interest. For more stories on >> natural gas drilling, go to propublica.org/naturalgas. >> >> ? 2009 Capitol News Company, LLC >> >> >> >>

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

24 Dec '09

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

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

23 Dec '09

Definitely worth a read. Why not West Virginia? JBK >>> Ron McLinden <ronmclinden(a)YAHOO.COM> 12/23/2009 1:13 PM >>> OPINION | December 23, 2009 The Copenhagen That Matters By THOMAS L. FRIEDMAN The climate summit may not have solved our problems, but we can't ignore the issues - or how individual countries, like Denmark, have effectively addressed them. http://www.nytimes.com/2009/12/23/opinion/23friedman.html?emc=eta1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/

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

23 Dec '09

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

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Fwd: Comments on Mingo CTL plant
by James Kotcon 21 Dec '09

21 Dec '09

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

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

21 Dec '09

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

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

15 Dec '09

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

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gas
by Jim Sconyers 14 Dec '09

14 Dec '09

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

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

11 Dec '09

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

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

11 Dec '09

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

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

10 Dec '09

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

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

10 Dec '09

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

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

08 Dec '09

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

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

06 Dec '09

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

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

03 Dec '09

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

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

02 Dec '09

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

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

02 Dec '09

---------- Forwarded message ---------- From: West Virginia News Service WVNS <wvnsnews(a)gmail.com> Date: Wed, Dec 2, 2009 at 11:41 AM Subject: Anyone got ideas for stories? To: Hi Folks, I'm open to suggestions for topics. Let me know if you have any ideas. Two of the debates now before Congress - health care and climate change - are sure to continue to draw a lot of attention. I'd love to hear any pitches related to those. Also, I think the stations who pick our stuff up seem to like what I've heard called News You Can Use - in other words anything the editors might think relates to their audience members' daily lives. For example, we recently did a piece about how to avoid getting the flu until the vaccine is available. Then we did another story on how health care reform could cut premiums for people who buy their own insurance. Both of those did very well. In a sense this matches what I've said on occasion about wanting to tell personal stories - stories of real people. In both cases it's about connecting with the listeners. But even if you have something totally unrelated, don't be afraid to pitch it to me. Even if it's not a story itself, it might lead to something that is. best, Dan H. -- West Virginia News Service (WVNS) Toll Free: 1-800-317-6705 Fax: 540-301-0801 E-mail: wvns(a)publicnewsservice.org -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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makeup of Oil and Gas Inspectors' Examining Board
by Frank Young 30 Nov '09

30 Nov '09

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

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

29 Nov '09

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

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

28 Nov '09

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

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

28 Nov '09

*Please note, the sender's email address has not been verified. You have received the following link from william.depaulo(a)gmail.com ******************** If you are having trouble with any of the links in this message, or if the URL's are not appearing as links, please follow the instructions at the bottom of this email. Title: Upstate New Yorkers Split by Leasing of Land for Natural Gas Wells - NYTimes.com Copy and paste the following into your Web browser to access the sent link: http://www.emailthis.clickability.com/et/emailThis?clickMap=viewThis&etMail… Copy and paste the following into your Web browser to SAVE THIS link: http://www.savethis.clickability.com/st/saveThisPopupApp?clickMap=saveFromE… Copy and paste the following into your Web browser to forward this link: http://www.emailthis.clickability.com/et/emailThis?clickMap=forward&etMailT… ******************** Email pages from any Web site you visit - add the EMAIL THIS button to your browser, copy and paste the following into your Web browser: http://www.emailthis.clickability.com/et/emailThis?clickMap=browserButtons&…" ********************* Instructions: ----------------------------------------- If your e-mail program doesn't recognize Web addresses: 1. With your mouse, highlight the Web Address above. Be sure to highlight the entire Web address, even if it spans more than one line in your email. 2. Select Copy from the Edit menu at the top of your screen. 3. Launch your Web browser. 4. Paste the address into your Web browser by selecting Paste from the Edit menu. 5. Click Go or press Enter or Return on your keyboard. ********************

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Fwd: FW: OSM Changes to Improve Oversight of Surface Coal Mining
by James Kotcon 27 Nov '09

27 Nov '09

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

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

25 Nov '09

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

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

21 Nov '09

Subject: Electric Power Demand Power Demand Dims Outlook a.. Article b.. Comments (1) more in Business » By REBECCA SMITH Electricity sales remained weak in the third quarter, prompting speculation that the sluggishness could persist even after the U.S. economy rebounds. Some utilities don't expect power sales to recover to pre-recession levels until 2012 -- if at all -- because so many factories have closed. Getting a read on future demand is crucial for utilities because they require long lead times to build power plants and make other upgrades. Declining sales put pressure on utilities to raise prices, cut costs or make other adjustments to bolster profits. The sector began to feel the recession, which started in late 2007, later than many others. Sales held up well in the first half of 2008 but then declined and have continued falling this year, though some regions are reporting an uptick. The federal Energy Information Administration expects overall electricity sales to decline 3.3% this year and grow modestly next year, but many utilities anticipate far larger declines for the year. Duke Energy Corp. said its energy sales to the textile industry based in the Carolinas fell 20% in the third quarter, versus a drop of 13.7% for sales to all industrial users. For the first nine months of 2009, electricity sales to the textile industry were down 23.5%, from the prior year, and overall industrial sales were down 15.8%. American Electric Power Co. of Columbus, Ohio, which owns utilities in 11 states, saw industrial electricity sales plunge 17% for the third quarter versus the year-ago period. Chief Executive Mike Morris said his company is counting on industrial demand recovering about a third of the lost ground in 2010. Beyond that, he is wary of making predictions. "I don't know if we'll ever get all of it back," he said, acknowledging that factory closings in the auto sector will have a lasting effect. Larry Makovich of consultancy Cambridge Energy Research Associates is among the few who believe electricity sales will experience a "strong rebound" next year. "It is dangerous to misinterpret a short-run phenomenon as a structural change," he said. Atlanta's Southern Co., which owns utilities in four Southeastern states, has seen year-to-date industrial demand drop 15%, including a 9.6% drop in the past quarter. Chief Executive David Ratcliffe said he sees signs of recovery, but added that it feels "fragile." Bill Johnson, chief executive of Progress Energy, which has utilities in Florida and the Carolinas, said he thinks homes mostly have cut use voluntarily, unlike businesses. Total sales fell 10.9% in the first nine months of the year across all customer categories, led by industrial sales that dropped 11.4% in the Carolinas and 12.9% in Florida. "I think there's still a high level of concern and a great deal of unease" about the economy, Mr. Johnson said, adding that he doesn't expect a sharp recovery. Bob Shepard, chief executive of Oncor in Dallas, said he thinks the drop in energy use in 2008 "was so quick that it wasn't structural but was probably cyclical." Nevertheless, he said he doesn't expect a full recovery in total sales volumes until 2012. Portland General Electric in Oregon saw residential sales rise 4.6% for the quarter, but the gain was offset by a 5.3% drop in industrial sales. Utility analyst Chris Ellinghaus at Shields & Company in New York said he isn't hopeful the sector will recover next year but thinks "2011 will look more normal." Write to Rebecca Smith at rebecca.smith(a)wsj.com ********************* Joy Towles Ezell hopeforcleanwater(a)yahoo.com "We are the ones we've been waiting for." http://groups.yahoo.com/group/HopeForCleanWater/ http://grooups.yahoo.com/group/EANoF/ http://groups.yahoo.com/group/FloridiansAgainstIncineratorsInDisguise/ http://groups.yahoo.com/group/SaveTaylorCountyFloridaResidents/ 850 584 7087 office & fax 850 843 1574 cell _______________________________________________ No New Coal Plants! (nonewcoalplants(a)energyjustice.net) Energy Justice Network http://www.energyjustice.net Un/Subscribe, change your settings or access the archives at: http://mail.energyjustice.net/mailman/listinfo/nonewcoalplants_energyjustic…

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

20 Nov '09

*Please note, the sender's email address has not been verified. You have received the following link from william.depaulo(a)gmail.com ******************** If you are having trouble with any of the links in this message, or if the URL's are not appearing as links, please follow the instructions at the bottom of this email. Title: Gas Drilling vs. Drinking Water: New York City Consultant’s Report Sets Stage for Fight With Albany | FLYP Copy and paste the following into your Web browser to access the sent link: http://www.emailthis.clickability.com/et/emailThis?clickMap=viewThis&etMail… Copy and paste the following into your Web browser to SAVE THIS link: http://www.savethis.clickability.com/st/saveThisPopupApp?clickMap=saveFromE… Copy and paste the following into your Web browser to forward this link: http://www.emailthis.clickability.com/et/emailThis?clickMap=forward&etMailT… ******************** Email pages from any Web site you visit - add the EMAIL THIS button to your browser, copy and paste the following into your Web browser: http://www.emailthis.clickability.com/et/emailThis?clickMap=browserButtons&…" ********************* Instructions: ----------------------------------------- If your e-mail program doesn't recognize Web addresses: 1. With your mouse, highlight the Web Address above. Be sure to highlight the entire Web address, even if it spans more than one line in your email. 2. Select Copy from the Edit menu at the top of your screen. 3. Launch your Web browser. 4. Paste the address into your Web browser by selecting Paste from the Edit menu. 5. Click Go or press Enter or Return on your keyboard. ********************

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Fwd: Question on WV Tourism Assoc. letter
by Paul Wilson 19 Nov '09

19 Nov '09

see the comment below on the WV Tourism Assoc. Has anyone heard of this? Jenny has outlined some national response, but maybe we want to do something like LTEs, op-eds? just a thought, best, paul ---------- Forwarded message ---------- From: Jenny Coyle <Jenny.Coyle(a)sierraclub.org> Date: Wed, Nov 18, 2009 at 6:33 PM Subject: Greetings Paul! I have a question... To: pjgrunt(a)gmail.com Hey Paul -- Hope all is well for you there in the mountains. I'm doing well, though I had a little accident on my (non-motorized) kick scooter and broke my shoulder about a month ago. It's healing, but man, what a crazy thing to do! I hit some wet pavement and that was all she wrote. The morphine was nice, though. So I'm not sure if you're in the loop on this, but apparently the WV Tourism Association sent out a letter to its members asking them to join a group that supports coal mining. We're doing something in our Climate Crossroads online community, about ten things that really do help tourism in WV, 'cause MTR certainly doesn't. One of those ten things will be great hiking trails. And we'll link to our Sierra Club Trails website, to the page that gives you search results for trails in WV. That URL is here: http://tiny.cc/WVtrails If you click on that link, you'll see that there are seven trails, and four of them are pretty good. Three of them, however - the three with the boring green Trails avatars instead of photos, need to be upgraded with a photo and an actual trail description. Is there any chance you know these trails well enough to do that? Or even provide me with a few paragraphs and photos to do that? Or even do it over the phone and email me the photos? I'm also looking to get some more trails added. I know you're god-awful busy and dedicated to the work of your chapter and all -- but any chance you'd have time to do this? I'm trying to make it happen by week's end... Best, Jenny __________ Jenny Coyle Website Producer Sierra Club (415) 977-5533 --> Check out Sierra Club Trails: http://sierraclubtrails.org -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Nov 1, 2009 MIT STUDY ON FUTURE OF COAL
by William V. DePaulo, Esq. 19 Nov '09

19 Nov '09

Attached is a copy of the 190-page MIT Study on the Future of Coal, released Nov 1. It clearly endorses the principle of carbon capture and sequestration as a necessity, but points out in the bluntest possible terms the overwhelming scale of the undertaking and the pathetically inadequate efforts undertaken so far to achieve it. The statistics below, from a table at the beginning, offer compelling reasons to believe that it just aint gonna happen, at least not in a time frame that offers any prospect of meaningful mitigation of the effects of global warming. Table in Exec. Summary at p. ix Today fossil sources account for 80% of energy demand: Coal (25%), natural gas (21%), petroleum (34%), nuclear (6.5%), hydro (2.2%), and biomass and waste (11%). Only 0.4% of global energy demand is met by geothermal, solar and wind.1 50% of the electricity generated in the U.S. is from coal.2 There are the equivalent of more than five hundred, 500 megawatt, coal-fi red power plants in the United States with an average age of 35 years.2 China is currently constructing the equivalent of two, 500 megawatt, coal-fi red power plants per week and a capacity comparable to the entire UK power grid each year.3 One 500 megawatt coal-fired power plant produces approximately 3 million tons/year of carbon dioxide (CO2).3 The United States produces about 1.5 billion tons per year of CO2 from coal-burning power plants. * If all of this CO2 is transported for sequestration, the quantity is equivalent to three times the weight and, under typical operating conditions, one-third of the annual volume of natural gas transported by the U.S. gas pipeline system.* *If 60% of the CO2 produced from U.S. coal-based power generation were to be captured and compressed to a liquid for geologic sequestration, its volume would about equal the total U.S. oil consumption of 20 million barrels per day.* *At present the largest sequestration project is injecting one million tons/year of carbon dioxide (CO2) from the Sleipner gas field into a saline aquifer under the North Sea.*3 Notes 1. IEA Key World Energy Statistics (2006) 2. EIA 2005 annual statistics (www.eia.doe.gov) 3. Derived from the MIT Coal Study -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

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FW: [wvec-board] WV Environmental Council Fall Fundraising Concert >>> Tues. 11/24 in Charleston
by Grubb, Karen 18 Nov '09

18 Nov '09

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

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

16 Nov '09

Be A Citizen JournalistDrilling Through the Appalachian Shale Gas Hype<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=hqzZc2Byp1yq6a%2BXNL…> While the U.S. economy continues to reel from the fallout from the global financial crisis, there's a boom on in the gas industry wanting access to Appalachian areas underlain by the Marcellus Shale<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=ut0v%2Bltf6raf2Bul0Y…>deposits. The gas-industry boom has environmentalists and many residents worried about the environmental impacts. To make gas production profitable, the industry employs a practice referred to as fracking<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=m8mEO36WVYBC8HefykGl…>, pumping large volumes of water, sand and a mix of chemicals down drill holes to fracture the rock formations and increase the volume of accessible gas. While the Safe Drinking Water Act notionally protects water supplies, the gas industry is the only industry excluded from the scope of the legislation. Nor do many state government's regulate fracking practices. (A useful collection of articles<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=%2BFhlgqORzNLTkdY2JY…>on the issue has been published by the non-profit journalism group, ProPublica<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=zUpJPnDsjjmpZouy0DpF…> ). Right now, the issue is politically hot<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=4pPKe17qxrYmnKoebCYd…>. Last week the U.S. House of Representatives adopted a resolution requesting the Environmental Protection Agency<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=Xo0PpQMSAxBfYOy%2F6b…>re-examine the potential impact of fracking on water quality. While companies are busy hyping their involvement in Marcellus Shale projects, citizens groups are mobilizing to express their concerns about both fracking practices and gas production more generally. You can help document the environmental and other issues involved with the exploitation of the Marcellus Shale by helping building the SourceWatch article on the issue. See SourceWatch:Project:Documenting environmental and other issues with the exploitation of Marcellus Shale<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=GXtLQzK%2Bo%2BthsuqB…>on our collaborative SourceWatch encyclopedia for more details. If you have never added material to SourceWatch before, don't worry! Our regular editors are at hand to help get you started. If this is your first time editing on SourceWatch, you can register here<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=LWxLd413qaxS6a96wL3f…>, and learn more about adding information to the site here<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=vnseSfF57oiQN%2BvmBx…>, here<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=E6RqLYVIIqPlcji25%2B…>and here<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=U90C14AOoEJ9dR6G1Voo…> . -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Fwd: RSVP NOW: Coal Ash Mega Strategy Call Nov. 18 at 2pm
by Paul Wilson 13 Nov '09

13 Nov '09

fyi, paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Thu, Nov 12, 2009 at 3:08 PM Subject: Fwd: RSVP NOW: Coal Ash Mega Strategy Call Nov. 18 at 2pm To: COAL-CAMPAIGN-FORUM(a)lists.sierraclub.org If you want to join us on the coal ash call, pls RSVP per instructions below. Verena -----Original Message----- From: Lyndsay Moseley <Lyndsay.Moseley(a)sierraclub.org> To: baumling(a)aol.com Sent: Thu, Nov 12, 2009 12:31 pm Subject: Fw: RSVP NOW: Coal Ash Mega Strategy Call Nov. 18 at 2pm Verena, Will you forward this to the appropriate activist lists? Lyndsay Moseley Washington Representative Sierra Club 408 C St. NE Washington, DC 20002 tel: 202-548-4581 fax: 202-547-6009 ----- Forwarded by Lyndsay Moseley/Sierraclub on 11/12/2009 01:32 PM ----- *Lyndsay Moseley/Sierraclub* 11/12/2009 01:16 PM To #Coal cc Subject RSVP NOW: Coal Ash Mega Strategy Call Nov. 18 at 2pm Coal Campaigners, Sierra Club is co-hosting a call (with Earthjustice and Environmental Integrity Project) next Wednesay Nov. 18th at 2pm ET to discuss our national strategy on coal ash with grassroots organizers and leaders. This will be a great opportunity to get the current state of play on coal ash, ask questions, find out about resources available to support advocacy around EPA's coming coal ash rule, and participate in shaping our grassroots campaign around coal ash. If you are interested: 1) Please check your schedule and RSVP (see below) asap! 2) Please invite volunteer leaders and coalition partners to join the call as well. Please let me know if you have any questions -- Lyndsay Lyndsay Moseley Washington Representative Sierra Club 408 C St. NE Washington, DC 20002 tel: 202-548-4581 fax: 202-547-6009 ----- Forwarded by Lyndsay Moseley/Sierraclub on 11/12/2009 12:22 PM ----- *"Lisa N. Widawsky" <lwidawsky(a)environmentalintegrity.org>* 11/09/2009 09:50 PM To "Lisa N. Widawsky" <lwidawsky(a)environmentalintegrity.org> cc Subject RSVP NOW: Prevent Another TVA Disaster - Join Our Coal Ash Mega Strategy Call Nov. 18 at 2pm Greetings grassroots organizer, There are *just a few weeks* until U.S. EPA Administrator Lisa Jackson will announce new proposed regulations governing coal ash disposal. Please join us *November 18* at *2 pm EST* for a brief telephone discussion with coal ash and media experts to learn how you can organize to build support for EPA rules that finally treat coal ash as the hazardous waste we all know it is. We will provide information about EPA’s upcoming coal combustion waste disposal rule, state-specific fact sheets on coal ash ponds and landfills in 35 states, and media tools to help get the word out to your members and communities about the critical need for EPA to designate coal ash as hazardous. You’ll be able to ask questions, get information, and prepare for public hearings on the coal ash rules. On October 8, well over a hundred organizations from across the country signed onto an important letter to Congress asking members to join Congressman John Lewis’s letter on the dangers of coal ash disposal. We’re asking you now to continue this fight by joining an effort to push EPA and Congress to protect public health and the environment from this hazardous waste. EPA has said repeatedly it plans to propose the first ever regulation for coal combustion waste disposal before the end of this year. The agency has already sent a draft of its proposed regulation to the Office of Management and Budget, which means the proposal could come out very soon. We invite you to join Earthjustice, the Environmental Integrity Project, Sierra Club, and hundreds of other groups in a discussion about the upcoming proposal and ways you can help. Polluters are pushing hard on EPA to avoid designating coal ash as hazardous. However, a hazardous waste designation means much stronger safeguards for communities surrounding hundreds of coal ash ponds and landfills. We’re relying on grassroots groups from across the country to get the word out to your members and engage your local media on the importance of regulating coal ash as hazardous waste. We must push back against industry claims and send a strong, unified message to EPA and our elected officials that the time to clean up toxic coal ash dumps is now! *RSVP* to *Jeremy Graham at Earthjustice (**jgraham(a)earthjustice.org*<jgraham(a)earthjustice.org> * or 202-667-4500, x217*). We’ll send out more information about the call including a telephone number and speaker lineup as the date approaches. If you have any questions, please contact Jared Saylor at Earthjustice (* jsaylor(a)earthjustice.org* <jsaylor(a)earthjustice.org>), Lisa Widawsky at the Environmental Integrity Project (*lwidawsky(a)environmentalintegrity.org*<lwidawsky(a)environmentalintegrity.org>), or Lyndsay Moseley at the Sierra Club (*Lyndsay.Moseley(a)sierraclub.org*<Lyndsay.Moseley(a)sierraclub.org> ). For more information about coal ash and the danger it poses to our water and to the health of communities across the United States, please see the information and reports available at *www.earthjustice.org/coalash*<http://www.earthjustice.org/coalash>. Also, the Sierra Club is in the process of creating a Federal Coal Ash Regulation listserv – stay tuned for details on how you can opt-in to the listserv. Please join us in the fight to protect all communities from the dangers of hazardous coal ash. Sincerely, Lisa Widawsky Attorney Environmental Integrity Project 1920 L Street NW, Suite 800 Washington, DC 20036 202.263.4452 (direct) 202.294.3282 (cell) 202.296.8822 (fax) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-FORUM list, send any message to: COAL-CAMPAIGN-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Re: [EC] Fw: Large-Scale Renewable Energy Guidelines, Open House with Allison Chin, and More
by James Kotcon 13 Nov '09

13 Nov '09

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

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

10 Nov '09

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

06 Nov '09

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

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

04 Nov '09

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

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

03 Nov '09

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

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

02 Nov '09

fyi, paul ---------- Forwarded message ---------- From: West Virginia News Service WVNS <wvnsnews(a)gmail.com> Date: Mon, Nov 2, 2009 at 1:54 PM Subject: A new month, and a new chance to tell your story To: Hi Folks, November is here, bringing with it more chances for WVNS to tell your stories. If you have anything you think is newsworthy, let me know. Even if you think it might be a little too small for statewide attention, go head and pitch it. Together we might be able to find a way to get something good out of it. After all, it couldn't be any less newsworthy the balloon-boy hoax, and look at all the attention that got. But on a more serious note, health care, global warming and the economy are all important national issues that we have covered by looking for local angles. And all of those will continue to be worth attention. So, if you have something related to one of them (or even something unrelated) definitely let me know. drh -- West Virginia News Service (WVNS) Toll Free: 1-800-317-6705 Fax: 540-301-0801 E-mail: wvns(a)publicnewsservice.org -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Fwd: Click on your state below to find out what the Beyond Coal campaign is doing near you.
by Paul Wilson 30 Oct '09

30 Oct '09

click on the link below. pretty cool. paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Thu, Oct 29, 2009 at 5:25 PM Subject: Click on your state below to find out what the Beyond Coal campaign is doing near you. To: COAL-CAMPAIGN-FORUM(a)lists.sierraclub.org Please check out and circulate this really cool new feature on our homepage: state based beyond coal information. http://sierraclub.org/coal/ Verena - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-FORUM list, send any message to: COAL-CAMPAIGN-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Re: [EC] new film on gas drilling
by Paul Wilson 29 Oct '09

29 Oct '09

BullFrog Films just announced the release of the film "Split Estate" which maps a tragedy in the making as citizens in the path of a new drilling boom in the West struggle against the erosion of their civil liberties. You can find more info at their website: www.bullfrogfilms.com cheers, paul -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Staff files to ask PSC to reject PATH
by James Kotcon 29 Oct '09

29 Oct '09

Earlier today, I got a call from a reporter asking for response to the above filing. The PSC Staff has filed a motion asking the PSC to dismiss the PATH application because the Maryland terminus is now in doubt, and we would be asked to evaluate an incomplete proposal. I told the reporter that I think the PSC got it right and I would be consulting our attorneys about supporting the Staff Motion to Dismiss. Whaddya Tink? JBK

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Re: [EC] Fw: NEWS: Experts Raise Concerns About New Transmission Line from Coal Country to Eastern Grid
by Jim Sconyers 27 Oct '09

27 Oct '09

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 10/27/09, Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> wrote: From: Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> Subject: Fw: NEWS: Experts Raise Concerns About New Transmission Line from Coal Country to Eastern Grid To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Date: Tuesday, October 27, 2009, 1:39 PM Elena Saxonhouse Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (fax) ----- Forwarded by Elena Saxonhouse/Sierraclub on 10/27/2009 10:39 AM ----- Brian Smith <bsmith(a)earthjustice.org> 10/27/2009 10:27 AM To "'Elena.Saxonhouse(a)sierraclub.org'" <Elena.Saxonhouse(a)sierraclub.org>, Abigail Dillen <adillen(a)earthjustice.org>, Virginia Cramer <virginia.cramer(a)sierraclub.org> cc Subject NEWS: Experts Raise Concerns About New Transmission Line from Coal Country to Eastern Grid FOR IMMEDIATE RELEASE: October 27, 2009 Contact: Virginia Cramer, Sierra Club 804-225-9113 x 102 Abigail Dillen, Earthjustice 212-791-1881 x221 Experts Raise Concerns About New Transmission Line from Coal Country to Eastern Grid PATH would make grid less reliable, increase air pollution RICHMOND, VA -- In the latest of a series of setbacks for the proposed Potomac-Appalachian Transmission Highline (PATH), engineering, air and electric experts submitted testimony finding that (contrary to developer claims) the line would actually make the eastern grid less reliable and lead to increased air pollution. Proposed by American Electric Power (AEP) and Allegheny Power, PATH is a high-voltage transmission line which would be constructed through West Virginia, Virginia and Maryland, at a cost of more than $1.8 billion to ratepayers. The experts, testifying on behalf of the Sierra Club, include George Loehr and Hyde Merrill, nationally renowned electric experts, Chris James of Synapse Energy Economics, Inc. (a former EPA employee and Director of Air Planning for Connecticut), and Robert Fagan, also of Synapse, a mechanical engineer and energy economics expert. Their testimony concludes that the line is not needed; that cheaper, simpler alternatives are available; and that “[r]ather than increase reliability, PATH would actually make it worse.” “It’s like running an extension cord down the block to plug your toaster into a neighbor’s outlet rather than plugging it into an outlet in your own kitchen,” said George Loehr. If PATH is constructed, he testified, “major East Coast cities like Philadelphia, Baltimore, Washington and Richmond would become more vulnerable to interruptions and blackouts, either from natural phenomena or from terrorist attacks” on transmission lines. The expert testimony also validated concerns raised by environmental and community groups about increased pollution from coal-fired power plants. Chris James, an expert with over 20 years of experience in state and federal air programs, determined that air pollution and greenhouse gas emissions would increase as a result of PATH, making it more difficult for Virginia, Washington D.C., and Baltimore to meet air quality standards, and contributing to eastern smog and haze. He explained that because electricity garners a higher price on the east coast, PATH would provide an incentive-- and an opportunity-- for coal-fired power plants in West Virginia and the Midwest to increase their output and sell more electricity to east coast cities. Increased pollution would follow. “PATH is a boondoggle for ratepayers and a gift to coal companies,” said Abigail Dillen of Earthjustice. “We urgently need a smart electric grid that supports wind power and other clean energy projects, but AEP and Allegheny Energy are trying to sell us on lines that will only help dirty old coal plants to ramp up profits – and pollution.” “We keep hearing from AEP and Allegheny the mantra that this line will shore up our electrical grid and is desperately needed to keep the lights on. Now we have a clear, documented explanation of why that’s not true,” said Elena Saxonhouse, with the Sierra Club. The expert testimony was submitted by the Sierra Club as part of formal proceedings before the Virginia State Corporation Commission. The Commission has the authority to approve or deny PATH in the state. The Commission is accepting public comment until January 12, 2010, hearings begin January 19, and a decision is expected sometime before May 2010. Sierra Club is represented in the Virginia PATH proceedings by the non-profit law firm, Earthjustice. The Club is also a party in the Maryland and West Virginia PATH proceedings and expects to submit similar expert testimony in those states. Additional Materials: Proposed PATH route http://www.pathtransmission.com/maps/pdf/WV_Publication_Map_3-30.pdf Full testimony George Loehr http://www.earthjustice.org/library/references/loehr-testimony.pdf Hyde Merrill http://www.earthjustice.org/library/references/merrill-testimony.pdf Chris James http://www.earthjustice.org/library/references/james-testimony.pdf Robert Fagan http://www.earthjustice.org/library/references/fagan-testimony.pdf

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POWERSHIFT 2009, MARSHALL'S GREEN FEE AND PROGRAMS...and an idea for future Ex Comm meetings
by William V. DePaulo, Esq. 27 Oct '09

27 Oct '09

This is a spin off of Sierrafest, which I still consider the most successful event the SC has held since I've been on the Ex Comm, admittedly not very long. Kevin Fooce and I met Erin Chalmers and Danny Chiotos at Sierra Fest. Erin is the person presently in charge of the Sierra Student U at Marshall. She led the effort to adopt a "green" fee -- $5 tacked on to each student's tuition and the initial effort to get the greening process going. Danny Chiotos is located in Charleston and works with the Student Energy Action Coalition. At Sierra Fest, both Erin and Danny invited Kevin and me to come to "Powershift 2009" <http://appalachia.powershift09.org/> which is/was (good faith effort to intuit here) a three-day set of workshops covering a whole range of stuff, but energy efficiency and the environment pervaded them all. It was located in Huntington but was the Appalachian regional event of what has in the past apparently been a national event focused on Washington, DC. As an Appalachian event it attracted presenters and attendees from WV, KY, TN and environs. Kevin brought a pile of Sierra Club material, and I paid an artist on site 20 bucks to make a "Sierra Club" sign to put on a table, forwhich we paid a hundred bucks. At that table or later we met students active in environmental groups at Marshall, Wheeling Jesuit, WV State Univ, and Shepherdstown. One idea that emerged from the day was to use the Marshall "greening" exercise as a model for other schools, and as a bridge to merging the efforts at those schools with our efforts generally. THE "MARSHALL TEMPLATE" Lauren Kemp is the current leader of the SSU at Marshall. She related that the $5 green fee has generated a green budget that funds 12+/- jobs on campus, 9 of which are student jobs. In addition to the $5 green fee, Marshall's SSU apparently applied for and got a $60,000 grant from WV's much (and deservedly) maligned DEP...to buy recycling units that are just now being distributed all over the campus, and for a series of "hydration stations" -- free filtered water that is also distributed over the campus. The 9 students with green jobs collect the contents of the recycling bins daily at a central compactor where it is picked up once a month. Trash collection for the school has dropped from 2 X per week to once every two weeks. The hydration stations aren't up and running yet but they are coming shortly. While Lauren was explaining this to Kevin at the Sierra table, Sarah Elliott from WV State was telling me about the difficulty she and others experienced at State getting the campus people to even listen to them about recycling. When I brought up the idea of creating a web page to "capture" the Marshall experience for other schools she made the point that they need to do it simply to pass on to next year's and the year after's students the institutional memory of what had already happened at Marshall, so they could go forward. At lunch Bri Clark of Wheeling Jesuit also explained that they had had great difficulty getting recycling listened to by the administration there. She was more than receptive to the idea of a "model" to follow, like at Marshall. Calvin Smith of WVU -- to date our model of a great student group led by some guy named Coatsun, or something weird, -- said WVU needed to learn how to get a green fee adopted also. Anis Elkharroupi of Sheperdstown was interested in pursuing it also, with a slightly optimitic view of passing a $75 green fee, exactly equal to the athletic fee there. I've asked about have a dozen or so of these students to come to the Nov 7 ex comm meeting in Lewisburg. I don't know if any or all will, but it strikes me that there is more than a kernel of an idea here, and it follows: 1. Capture the Marshall "green" fee and program experience on line. Make it available to schools throughout the state for sure, but also make it a WIKI-like page that can be edited by users to capture and share the greening experiences at schools elsewhere. 2. Continue to make connections with the student leaders/participants in SSU 3. Help finance the efforts of SSU's to start a greening program at their campus, possibly with funds from the Longview settlement) 4. Start holding our Ex Comm meetings on campuses in order to engage students. This would require that we: A. Greatly reduce the amount of time we spend on administrative matters and reading reports we've already distributed B. Move the locations of Ex Comm meetings from homes of members to campuses across the state, hopefully greatly diversifying our reach C. Maybe increase meetings to every other month to make it possible to get to more schools, like Marshall, WV State, Sheperdstown, West Virginia Wesleyan, Wheeling Jesuit, Concord SEE LIST OF <http://www.wvicu.org/member.cfm>SCHOOLS AND LINKS TO THEIR WEB PAGES HERE<http://en.wikipedia.org/wiki/List_of_colleges_and_universities_in_West_Virg…> D. Accepting the real prospect of change in the way we go about our business and where we spend out time and effort -- to accommodate the interests of students which are not always going to be in sync with our own --- altho there is just as much opportunity to influence their interests. 5. The ultimate objective would be to greatly expand our numbers and effect state-wide. In essence, we will be erasing the line between "us" (old farts with whiter hair who've gone square in the head and round in the belly) and "them" (young whipper snappers who think they know it all and have had life handed to them on a silver platter only because the ever brilliant "we" did all the heavy lifting decades ago - PLEASE NOTE POSITION OF TONGUE -- YEAH -- IN MOUTH) 6. We've talked about increasing membership exponentially...I see no better opportunity to do that than the low hanging fruit right in front of our eyes. 7. I'd like this item - *RESTRUCTURING AND RELOCATING EX COMM MEETINGS* -- to be added to the Agenda for our Nov 7 meeting. Bill -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

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WSJ.com - Obama to Name 'Smart Grid' Projects
by william.depaulo＠gmail.com 27 Oct '09

27 Oct '09

*Please note, the sender's email address has not been verified. You have received the following link from william.depaulo(a)gmail.com ******************** If you are having trouble with any of the links in this message, or if the URL's are not appearing as links, please follow the instructions at the bottom of this email. Title: WSJ.com - Obama to Name 'Smart Grid' Projects This article will be available to non-subscribers of the Online Journal for up to seven days after it is e-mailed. Copy and paste the following into your Web browser to access the sent link: http://www.emailthis.clickability.com/et/emailThis?clickMap=viewThis&etMail… Copy and paste the following into your Web browser to SAVE THIS link: http://www.savethis.clickability.com/st/saveThisPopupApp?clickMap=saveFromE… Copy and paste the following into your Web browser to forward this link: http://www.emailthis.clickability.com/et/emailThis?clickMap=forward&etMailT… ******************** Email pages from any Web site you visit - add the EMAIL THIS button to your browser, copy and paste the following into your Web browser: http://www.emailthis.clickability.com/et/emailThis?clickMap=browserButtons&…" ********************* Instructions: ----------------------------------------- If your e-mail program doesn't recognize Web addresses: 1. With your mouse, highlight the Web Address above. Be sure to highlight the entire Web address, even if it spans more than one line in your email. 2. Select Copy from the Edit menu at the top of your screen. 3. Launch your Web browser. 4. Paste the address into your Web browser by selecting Paste from the Edit menu. 5. Click Go or press Enter or Return on your keyboard. ********************

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SIERRA TESTIMONY IN VA PATH CASE
by William V. DePaulo, Esq. 24 Oct '09

24 Oct '09

Attached is the testimony from the Sierra Club electric experts filed in VA SCC (PSC equivalent) Friday. The Loehr document is 52 pages, Fagan's is 259. More will follow. The testimony is, frankly, brilliant and any fair reader would conclude that PATH is totally unnecessary for any legitimate electric need. Bill -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email. -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

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Re: [EC] TransGas Public Notice
by James Kotcon 23 Oct '09

23 Oct '09

A draft permit for the Mingo County Coal-To-Liquids facility was issued by WV-DEP. Public comments on the draft are due Nov. 30. JBK >>> <Andrea.Issod(a)sierraclub.org> 10/22/2009 2:39 PM >>> Mingo draft permit has issued, comments are due Nov. 30th. We're working on it. "Kessler, Joseph R" <Joseph.R.Kessler(a)wv.gov> 10/22/2009 11:29 AM To <andrea.issod(a)sierraclub.org> cc Subject TransGas Public Notice Andrea, please see attached letter (hardcopy will follow). The information can be found here ( http://www.wvdep.org/item.cfm?ssid=8&ss1id=980 ). Thanks Joe Kessler, PE Engineer West Virginia Division of Air Quality 601-57th St., SE Charleston, WV 25304 Phone: (304) 926-0499 x1219 Fax: (304) 926-0478 Joseph.r.kessler(a)wv.gov

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Fw: TAKE ACTION: Suspend Illegal Rubber Stamping of Mountaintop Removal Permits
by Jim Sconyers 23 Oct '09

23 Oct '09

This is the "nationwide" permit that gives the coal companies new permits with little or no evaluation/analysis. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Thu, 10/22/09, Earthjustice Alerts <action(a)earthjustice.org> wrote: From: Earthjustice Alerts <action(a)earthjustice.org> Subject: TAKE ACTION: Suspend Illegal Rubber Stamping of Mountaintop Removal Permits To: "Jim Sconyers" <jim_scon(a)yahoo.com> Date: Thursday, October 22, 2009, 6:32 PM Tell Army Corps of Engineers: Suspend Illegal Rubber Stamping of Mountaintop Removal Permits Tell Army Corps of Engineers: Suspend Illegal Rubber Stamping of Mountaintop Removal Permits The Army Corps of Engineers needs to hear from you by Monday, Oct. 26 to close a loophole that is devastating Appalachia. Submit your comment at Regulations.gov! Dear Jim, For decades, mountaintop removal mining has devastated local communities, the economy, and the streams and headwaters of Appalachia. Entire mountain ranges have been razed as coal companies found loopholes in the law to streamline their destructive mountaintop removal mining permits. Now, the Army Corps of Engineers is finally considering that "Nationwide Permits"—a streamlined approval process—are not intended to authorize the devastation happening at mountaintop removal sites. The Corps' plan to suspend and modify "Nationwide Permit 21" will stop the rubber stamping of mountaintop removal permits and lead to better scrutiny of the environmental impacts of this mining practice. Strong public support—your support—is needed now to eliminate the NWP 21 loophole. Just last week, coal companies and their cronies shut out coalfield residents in West Virginia, Kentucky, Tennessee and Virginia from public hearings on the Army Corps' plan. Violence and threats kept many people from even having a chance to speak. You only have until Monday, Oct. 26 to tell the Army Corps that its plan to repeal the one-size-fits-all approach of NWP 21 is good news for the people, streams, and mountains of Appalachia. Please act today. Tell the Army Corps that its plan to stop using NWP 21 is the right move. Let them know you support stronger environmental protections for the mountains, rivers, streams and people of Appalachia: How to Take Action You must submit your comment on the Army Corps of Engineers' plan at Regulations.gov, the official source for U.S. government regulations and related documents. Click on the button below to access the Army Corps of Engineers' comment form. Or, copy and paste this link into your browser: http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480… Fill in the comment form. If you don't see the form, search for the Army Corps of Engineers' notice using document ID "COE-2009-0032-0346". Here is a sample letter you can use: Your proposal to modify and suspend Nationwide Permit 21 is a good step towards protecting the waters, mountains, and communities of Appalachia. I agree with your assessment that NWP 21 "has been used to authorize surface coal mining activities that involve discharges of dredged or fill material into waters of the United States that have resulted in adverse environmental impacts that may be more than minimal on a cumulative basis." The proposed modification would enhance environmental protection by requiring surface coal mining projects to apply for individual permits under the Clean Water Act. This will allow for increased public and agency involvement, including public comment periods. I also support the proposed suspension to NWP 21 to allow comments to be reviewed and evaluated. Ultimately, the use of NWP 21 to permit valley fills and stream destruction must end completely. The impacts of mountaintop removal coal mining are significant and permanent. The Army Corps should not issue any additional authorizations under NWP 21, and past authorizations should be reviewed under the Clean Water Act. Please modify and suspend NWP 21 to protect Appalachia's environment and community. Click on the "Submit" button at the bottom of the form, and your comment will be delivered. Thank you for taking the time to make sure that your voice is heard! Drop us a note to let us know that you took action! To get started, click on the button below: — Earthjustice Because the earth needs a good lawyer ©2009 Earthjustice | 426 17th Street, 6th Floor, Oakland, CA 94612 | 510-550-6700 | action(a)earthjustice.org Alert Tools Photo Credit: Top left: Mountaintop removal mining in Appalachia. (Credit: Vivian Stockman/OVEC) Bottom: Mountaintop removal operations at Kayford Mountain, West Virgina. (Credit: Mark Schmerling) View online: Having trouble viewing this email? View it in a browser. Links: If you cannot click on the links in this email, copy this link to your browser to access the comment form: http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480… This email was delivered to you by Earthjustice. Update your personal information or remove your email address from Earthjustice's email list through your Subscription Management Page or by emailing Earthjustice. Powered by:

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Fwd: Re: Mingo Co. Waste Wood Power Plant
by Jonathan Rosenbaum 23 Oct '09

23 Oct '09

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Fw: VA SCC staff moves to dismiss application
by James Kotcon 21 Oct '09

21 Oct '09

To summarize, on Sept. 9, the Maryland PSC dismissed the PATH application in Maryland, ruling that PATH was not an electric company under Maryland state law. They gave Allegheny's subsidiary in Maryland, Potomac Edison, 30 days to re-file with an appropriate application. On Oct. 9, Potomac Edison responded by saying they were still reviewing their options with regard to a new plan for an eastern terminus to PATH, essentially declining to respond to the Maryland PSC. On Oct. 19, the Staff from the Virginia State Corporations Commission filed the attached motion asking the Virginia SCCC to dismiss the application, because there was no eastern terminus and no clear way to analyze a route without knowing where it would end. The WV PSC Staff attorney has said that the WV proceedings are "still right on track". Would it make sense to file a motion asking the WV-PSC to "toll" the proceedings until an eastern terminus is identified? We are entering a very expensive portion of the proceedings, and it seems unfair to ask intervenors to hire experts to analyze a route, then have PATH switch routes at the last second. Alternatively, would this be an argument for PATH to pay the expert witness fees for intervenors? PATH will have unlimited resources from ratepayers, plus 14 % on everything they spend, while intervenors are now being bled dry before we even know where the line will go. Whaddya Tink? Jim Kotcon ----- Original Message ----- From: "Frank Young" <fyoung(a)mountain.net> Maybe the PATH companies figure that the way to break up the opposition is to have them spend their resources on a case that might be withdrawn, or thrown out by the WV PSC, then re-file later after the spirit (and the bank accounts) of the opposition are broken. And either way PATH still gets that 14 percent profit on their costs- win or lose. “Heads we win; tails you lose.” ----- Original Message ----- From: Nancy S. Williams ( mailto:nancyswms@suddenlink.net ) To: s channell ( mailto:rchannell@verizon.net ) Cc: WVaPATH ( mailto:WVaPATH@yahoogroups.com ) Sent: Tuesday, October 20, 2009 5:31 PM Subject: Re: [WVaPATH] message to intervenors It is big news, but as Joe Watkins with the WV-PSC said today,"We are still right on track." --- On Mon, 10/19/09, Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> wrote: From: Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> Subject: VA SCC staff moves to dismiss application To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Date: Monday, October 19, 2009, 3:35 PM Big news in Virginia (see below). The staff attorney filing the motion also stated: Please note that the filing of our motion does not alter the procedural schedule. All events remain scheduled until the hearing examiner or the Commission alter the schedule by entry of an order or ruling. While we have requested expedited consideration, I cannot predict when the motion will be addressed. ----- Forwarded by Elena Saxonhouse/Sierraclub on 10/19/2009 12:32 PM ----- A major development -- the Staff has just moved to dismiss the pATH application in VA on grounds that it is unclear where the line will end given the status of the Maryland proceedings. Abigail Dillen Staff Attorney* Earthjustice 156 William Street, Suite 800 New York, NY 10038 (212) 791-1881 ext. 221 Fax: (212) 918-1556 *Admitted in California and Montana. Not admitted in New York - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-ELP-TRANS-LINES-FORUM list, send any message to: CONS-ELP-TRANS-LINES-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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Re: [EC] Dunkard Creek, Mon Water quality
by Beth Little 20 Oct '09

20 Oct '09

Jim, At the Water Resources Committee meeting in Charleston last Thursday listening to Mandirola and Frank Jernejcic (sp?) and seeing their presentation about Dunkard Creek with maps of the mine pools underlying the region of southwestern PA and northwestern WV, I was struck with a thought that no one has mentioned. Actually it occurred to me on the way home. They did not seem inclined to pursue where the algae came from or how it got in Dunkard Creek; they said we may never know. And that may be true. But this is where my thoughts ran. The mine pools underlying this entire area are connected - not only by seeps, but they are actually being pumped from one to another. They also have seeps into the creeks and rivers in the area. Instead of the original suspicion that the algae got into Dunkard with wastewater from well drilling by Texas companies that contaminated the water with their drilling equipment from Texas, suppose the algae was introduced into the mine pools from wells drilled through them. In this case, every body of water in the area is at extreme risk, and control may be virtually impossible. Mandirola and/or Frank also talked about the conditions that the algae need to survive. Besides TDS, Ph is a big one, but I don't remember the specifics. I have emailed Frank for the details. My suggestion for how to proceed would be that all streams that are remotely threatened be brought to conditions that would prevent survival of the golden algae. Frank talked about how the normal green algae would out compete the golden algae in "normal" conditions for our area. So he would be a good resource. Of course, with drainage from the mine pools, controlling conditions in the threatened streams may not be possible. I wish I could be there. Keep me posted. You know this is starting to bump up against the group that is working on gas drilling, and you might want to be in on our calls. We have one coming up on Tues, and Dunkard Creek is one of our leading topics right now. Let me know if you want to be added to the call list. Jim S, Cindy Rank, Frank Jernejcic and about 30 others are on it, but 8 to 10 is about how many actually call in. _____ From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of James Kotcon Sent: Sunday, October 18, 2009 3:27 PM To: ec(a)osenergy.org Cc: aaron.isherwood(a)sierraclub.org; dteaney(a)appalachian-center.org; Joe Lovett; Cindy RANK; Sandy Cress Subject: Re: [EC] Dunkard Creek, Mon Water quality Attached and below are some recent articles about the fish kill in Dunkard Creek. This is emerging as a major issue, and any suggestions for how to proceed would be welcome. Some local activists are meeting Monday at 11:45 at Zen Clay in Morgantown (join us if you can), but any ideas from anywhere would be appreciated. My initial perception is that the fish kill is simply a symptom of the long-running lack of enforcement by DEP, and the Club's current legal action is already addressing those issues. But those will take years, and we really need to be coming up with solutions before this stuff spreads. Jim Kotcon 304-293-8822 (office) 304-594-3322 (home) >>> "Donald C. Strimbeck" <dcsoinks(a)comcast.net> 10/18/2009 9:03 AM >>> Later this week we will put out email re next MRR&CC meeting, and, next Water Quality Forum. Pasted below is today's Dominion Post article, which is also attached. Also attached is info from Duane Nichols re other news stories. Attachments are in MICROSOFT compatibility 97-2003 format. DUNKARD CREEK-DP-18OctY2K9 Front page Morgantown Dominion Post Sunday 18 October 2009: <http://olive.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAwOS8xMC8xOCN BcjAwMTAx&Mode=Gif&Locale=english-skin-custom> http://olive.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAwOS8xMC8xOCNB cjAwMTAx&Mode=Gif&Locale=english-skin-custom 21 streams at risk for fish kill algae 7 Mon creeks on watch list BY DAVID BEARD The Dominion Post The West Virginia Department of Environmental Protection (DEP) fears 21 other state streams have conditions conducive for growth of the same Dunkard Creek fishkill algae. During an interim meeting last week, the Joint Legislative Oversight Commission on State Water Resources also learned: The golden algae toxins killed the fish and mussels, but no one yet knows how the algae got there. Legislative action may be needed to control the conditions that could lead to future outbreaks. The puzzle has to be solved before fish can be returned to Dunkard Creek. As investigators learned what makes the algae thrive, particularly the total dissolved solids (organic and inorganic minerals, salts, metals and other matter), Scott Mandirola of the West Virginia DEP said, they began asking, "What other streams are potentially affected by this?" They compiled a list of 21 waterways of about 10 miles or more in length that had the right "conductivity," a measure of the flow of electric current that reflects TDS levels. "Those streams are now identified as being potentially at risk if these algae were allowed to spread," he said. Frank Jernejcic, District 1 fisheries biologist for the West Virginia Division of Natural Resources (DNR) identified seven of them, besides Dunkard, as being in this area - the Monongahela River drainage basin: Buffalo Creek, Elk Creek, Bingamon Creek, Paw Paw Creek, Pyles Fork, Indian Creek and Dents Run. Jernejcic told the commission that the algae outbreak has eliminated about 99 percent of the fish along the 30-mile stretch of Dunkard Creek in West Virginia. The kill destroyed 18 species of fish and 14 species of mussels - all the mussels in the creek - he said. He didn't have information on the extent of the fish kill in the Pennsylvania portion of the creek. The Pennsylvania DEP referred questions to Eric Levis, spokesman for the Pennsylvania Fish & Boat Commission, who did not return calls placed over the course of two days. Investigators search for algae source Mandirola told the legislators that the golden algae, known as Prymnesium parvum, first appeared in Texas in 1985. It mainly kills fish and, unlike red tide, isn't harmful to humans. Experts analyzed some of the dead fish, he said, and confirmed algae toxins killed them - affecting the livers and gills most severely. Investigators know the algae likes brackish water, and that Dunkard has the conditions - the right acid levels and high total dissolved solids (TDS), including sulfates and chlorides (salt) - that favor golden algae growth. But, Jernejcic said, "why it's there, how it got there and what caused it to reach the levels ... that would have caused the fish kill" is still a mystery. The golden algae is a symptom - they haven't gotten to the cause. "We believe with confidence that it's golden algae toxins that are killing the fish," Mandirola said. "They like the environment that's there. We need to see what we can do about the environment. "They've not come up with a clean, easy way to get rid of it," he said. "The best approach is to learn how to live with it and learn how to control what it doesn't like. If you can make the environment unfavorable ... they won't be able to produce the toxin, they won't be able to bloom and they won't cause the problems." Helen Humphreys, spokeswoman for the Pennsylvania DEP, said her agency is continuing to collect information so it can come to its own conclusion about the cause. "The algae needs a brackish, salty environment to thrive," she said. "Dunkard Creek is a freshwater stream, but high TDS levels have made it salty. So, where is it coming from?" Investigators said they think it may possibly be linked to mine drainage, which is associated with high TDS levels, especially during low flow times, when rainwater isn't diluting the discharge. Tests show high TDS levels in the Dunkard as far upstream as St. Leo, near the mouth of the South Fork tributary, southwest of Wadestown near the Marion County border. There is a mine drainage pool in this area, and at a point above a beaver dam, above the drainage pond, the algae cell count drops dramatically. And other mine pools drain into the Dunkard in both states. Legislation may be needed to get solids under control Getting TDS levels under control is part of the answer, and legislation may be needed, several people said. "How long are we going to keep going before we say, 'Let's draw a line in the sand?' " Jernejcic said after the meeting. Asked if it would require legislative action, he said, "I suspect." Dr. Duane Nichols, a water expert, retired WVU professor and member of the Upper Monongahela River Association, gave his opinion to the commission: "We have called for water quality standards. ... We need a statewide standard for total dissolved solids." Delegate Tim Manchin, D-Marion and co-chairman of the commission, said legislation may involve "a couple avenues." One could be adopting overall stream quality regulations regarding factors related to chlorides (salt) and TDS. Pennsylvania already has some TDS standards, he said. Another could involve implementing some treatment measures for mine drainage. "How much discharge do you allow?" he asked. Beyond that, he said, "At what point does this start having an impact on our economic community?" Right now, he said, commissioners are trying to bring themselves up to speed so they'll be ready if and when the DEP brings forth proposed legislation. Pennsylvania and West Virginia DEP officials have credited CONSOL Energy with being cooperative during the investigation. Consol has ceased discharges from mine pools along the creek while investigators study the cause. Humphreys said the Pennsylvania DEP believes discharge from the Blacksville No. 1 and Blacksville No. 2 mines could have contributed to the high TDS and chloride levels, according to a letter the department sent to CONSOL dated Oct. 7. In the letter, the Pennsylvania DEP requested information about the various mine pools in the Dunkard Creek watershed and how they are connected. The Pennsylvania DEP also requested copies of all of CONSOL's discharge monitoring reports for the Blacksville No. 2 mine and copies of the company's permits and permit applications, among other things. Humphreys said the Pennsylvania DEP would review the information from CONSOL, once the company sent it. The Pennsylvania DEP also sent a letter to the U.S. Environmental Protection Agency this month, asking the agency to revoke an Underground Injection Control permit that allows CNX Gas Co. - a subsidiary of CONSOL - to inject wastewater into the Morris Run Borehole at the inactive Blacksville No. 1 mine. The permit allows CONSOL to dispose of up to 150,000 barrels per month of coal-bed methane wastewater, which contains up to? 25,000 milligrams per liter of TDS, according to the letter. EPA spokesman David Sternberg said the agency is evaluating the letter and is preparing a response to it. Sternberg said he did not know when the response would be mailed. CONSOL voluntarily stopped injecting the wastewater into the borehole Oct. 2. Donald C. Strimbeck, Sec/Treas Upper Mon River Assoc UpperMon.org Vice Chair, Mon River Rec & Comm Com MonRiverSummit.org 109 Broad Street, P. O. Box 519 Granville WV 26534-0519 304-599-7585 (fax 4131) dcsoinks(a)comcast.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.422 / Virus Database: 270.14.20/2444 - Release Date: 10/18/09 09:04:00

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