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PATH - PART 5 OF 5
by William DePaulo via YouSendIt 15 Sep '09

15 Sep '09

You have a priority delivery from YouSendIt Click here to download file: https://rcpt.yousendit.com/740136301/5939ebd80e48978565915781156ab021 Sent by: william.depaulo(a)gmail.com File to pick up: PATH DISK 4 - 2009-09-11.zip File will remain active for: 14 days File too big for email? Try at http://www.yousendit.com YouSendIt Inc. : http://www.yousendit.com Terms of Service: http://www.yousendit.com/cms/termsofservice Privacy Policy : http://www.yousendit.com/cms/privacypolicy DMCA Policy: http://www.yousendit.com/cms/dmca Opt Out: http://www.yousendit.com/blocking.php?action=optout&email=EC@osenergy.org&k…

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PART 4 OF 5
by William DePaulo via YouSendIt 15 Sep '09

15 Sep '09

You have a priority delivery from YouSendIt Click here to download file: https://rcpt.yousendit.com/740136009/ac6c6e99faddaab5bb0f0517fc54f5db Sent by: william.depaulo(a)gmail.com File to pick up: PATH DISK 3 - 2009-09-09.zip File will remain active for: 14 days File too big for email? Try at http://www.yousendit.com YouSendIt Inc. : http://www.yousendit.com Terms of Service: http://www.yousendit.com/cms/termsofservice Privacy Policy : http://www.yousendit.com/cms/privacypolicy DMCA Policy: http://www.yousendit.com/cms/dmca Opt Out: http://www.yousendit.com/blocking.php?action=optout&email=EC@osenergy.org&k…

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PART 3 OF 5
by William DePaulo via YouSendIt 15 Sep '09

15 Sep '09

You have a priority delivery from YouSendIt Click here to download file: https://rcpt.yousendit.com/740135597/25e5f11288adf8296aeea566c3e59ae5 Sent by: william.depaulo(a)gmail.com File to pick up: PATH DISK 2 - 2009-09-09.zip File will remain active for: 14 days File too big for email? Try at http://www.yousendit.com YouSendIt Inc. : http://www.yousendit.com Terms of Service: http://www.yousendit.com/cms/termsofservice Privacy Policy : http://www.yousendit.com/cms/privacypolicy DMCA Policy: http://www.yousendit.com/cms/dmca Opt Out: http://www.yousendit.com/blocking.php?action=optout&email=EC@osenergy.org&k…

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PATH - PART 2 OF 5
by William DePaulo via YouSendIt 15 Sep '09

15 Sep '09

You have a priority delivery from YouSendIt Click here to download file: https://rcpt.yousendit.com/740135187/f39f831a3112c7fecd9514fe17f7237f Sent by: william.depaulo(a)gmail.com File to pick up: PATH DISK 1 - 2009-09-08.zip File will remain active for: 14 days File too big for email? Try at http://www.yousendit.com YouSendIt Inc. : http://www.yousendit.com Terms of Service: http://www.yousendit.com/cms/termsofservice Privacy Policy : http://www.yousendit.com/cms/privacypolicy DMCA Policy: http://www.yousendit.com/cms/dmca Opt Out: http://www.yousendit.com/blocking.php?action=optout&email=EC@osenergy.org&k…

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PATH DISCOVERY RESPONSE TO SIERRA-WVHC DISCOVERY REQUESTS - PART 1 OF 5
by William DePaulo via YouSendIt 15 Sep '09

15 Sep '09

You have a priority delivery from YouSendIt Attached is the first of five links to download the various responses by PATH to the Sierra-WVHC<wbr /> discovery requests at the PSC. The second thru fifth links will follow. Click here to download file: https://rcpt.yousendit.com/740134753/ab52bbb4c8e9e06634a35e845ebdddce Sent by: william.depaulo(a)gmail.com File to pick up: PATH - DISCOVERY OBJECTIONS AND File will remain active for: 14 days File too big for email? Try at http://www.yousendit.com YouSendIt Inc. : http://www.yousendit.com Terms of Service: http://www.yousendit.com/cms/termsofservice Privacy Policy : http://www.yousendit.com/cms/privacypolicy DMCA Policy: http://www.yousendit.com/cms/dmca Opt Out: http://www.yousendit.com/blocking.php?action=optout&email=EC@osenergy.org&k…

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New York Times article on Water Quality
by James Kotcon 13 Sep '09

13 Sep '09

This article is really cool. If you check out the database link on the article, the permit for the MEA power plant on Beechurst Avenue was last inspected in 1992. Inspections for every other permit in the Morgantown area are even older, if they happened at all. In fact, it looks like the last time WV-DEP did an inspection of an NPDES permit anywhere in WV was over 10 years ago, and then they "inspected" Canaan Valley State Park. JBK http://www.nytimes.com/2009/09/13/us/13water.html?pagewanted=1&_r=1&hp

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Fwd: Bruce Nilles' blog post: "MTR Permits Violate Clean Water Act"
by James Kotcon 13 Sep '09

13 Sep '09

WOW!!! EPA said Friday that everyone of 79 pending MTR permits will violate water quality standards. We need to comment on this to press. Letters to the editor anyone? Is the Manchin Administration "soft on crime"? JBK >>> Heather Moyer <Heather.Moyer(a)SIERRACLUB.ORG> 9/11/2009 12:10 PM >>> Howdy folks-- Bruce Nilles' latest blog post (co-written by Mary Anne Hitt) is now available. It's entitled "EPA: All Pending MTR Permits Violate Clean Water Act." Please comment and Recommend - and forward to your local lists. Grist - http://www.grist.org/member/11566/ Daily Kos - http://www.dailykos.com/user/Bruce%20Nilles Huffington Post - http://www.huffingtonpost.com/bruce-nilles Compass - http://sierraclub.typepad.com/compass/coal-director/ Opposing Views - http://www.opposingviews.com/tags/environment SF Green - http://www.sfgate.com/cgi-bin/contribute/sn/persona?plckPersonaPage=Persona… Climate Crossroads - http://connect.sierraclub.org/post/ClimateCrossroadsBlog/epa_all_pending_mo… Also posted on - SE Green, Alltop Green, and Alternet ____________ Heather Moyer Media Writer Sierra Club (202) 675-6276 www.sierraclub.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Fwd: Coal Front Group Loses Another Member
by James Kotcon 10 Sep '09

10 Sep '09

>>> Virginia Cramer <virginia.cramer(a)SIERRACLUB.ORG> 9/9/2009 3:36 PM >>> FYI, went out to reporters earlier today. Here's a link to the Greenwire story on it that is posted on the NYT right now. <http://tiny.cc/85opM> http://tiny.cc/85opM - ginny View a web <http://action.sierraclub.org/site/R?i=lN6b5fWn0aGKzE56VbO5Zw..> version of this email. <http://www.sierraclub.org/raw/images/blackpixel.gif> <http://www.sierraclub.org/raw/images/blackpixel.gif> <http://action.sierraclub.org/site/R?i=8JliS_pQUay6CHCfYjvgaQ..> Press Room: For Immediate Release <http://www.sierraclub.org/raw/images/blackpixel.gif> Explore, Enjoy and Protect the Planet <http://www.sierraclub.org/raw/images/tagline_white.gif> <http://www.sierraclub.org/root_images/spacers/space.gif> September 9, 2009 Contact: Virginia Cramer, 804-225-9113 x 102 Coal Front Group Loses Another Member Just a week after the nation’s third largest utility, Duke Energy announced it was of the terminating its membership in the American Coalition for Clean Coal Electricity, French giant Alstom power today followed suit. The company, which makes pollution control technologies for coal plants, cited “questions that have been raised about ACCCE’s support for climate legislation” as the reason for leaving. In response, Bruce Nilles, Director Sierra Club’s Beyond Coal Campaign issued the following statement. “The coal industry has been actively fighting clean energy jobs legislation using any means necessary, including contracting with groups connected to admitted forgery scandals and ethically questionable astroturf campaigns. Today’s announcement by Alstom is just more confirmation that ACCCE has gone too far—that the thin veneer of concern about the future of our country has cracked to reveal only concern for preserving the dirty status quo for coal. “We cannot let our clean energy economy be sacrificed to extreme coal interests that have only their bottom line, not the best interests of the American people, at heart. We need a clean energy jobs bill that benefits everyone, not just coal. We hope that other companies who consider the public interest part of their mission will resign from or at least condemn groups like ACCCE and the U.S. Chamber of Commerce for their efforts to kill clean energy jobs.” ### <http://action.sierraclub.org/site/PixelServer?j=nySMyr60nP0qS0Dm1_1LFw..> <http://action.sierraclub.org/site/R?i=qvpF0i-xV-AMGM0Tr2nuRA..> Click here to sign up for Raw <http://www.sierraclub.org/root_images/spacers/space.gif> <http://www.sierraclub.org/raw/images/blackpixel.gif> Sierra <http://action.sierraclub.org/site/R?i=bWV2pEMxmFRBe28lHGSGPw..> Club | 85 Second St., San Francisco, CA 94105 | Change Media <mailto:sierra.news@sierraclub.org?subject=Media Type> Type | Contact <http://action.sierraclub.org/site/R?i=-zBe5mxTc5YOIeyTStPxFw..> Us | Visit the <http://action.sierraclub.org/site/R?i=1MihNjex4qh1chAHPnfnHQ..> Press Room Update My <http://action.sierraclub.org/site/R?i=en0hhRZhGRfm-ZWI2o5BvQ..> Profile | Manage <http://action.sierraclub.org/site/CO?i=6c22YpOS3O0LyRp155dV17w9MTyd3me1&cid =1961> My Email Preferences | Update My <http://action.sierraclub.org/site/R?i=C1sThtiaJmYf6XpW_DuOzA..> Interests | Unsubscribe <http://action.sierraclub.org/site/R?i=f6GYZ34GLAUVoZ-gxvRflw..> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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/

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Informed discussion of competing interests of gas v coal in cap & trade legislation
by William V. DePaulo, Esq. 07 Sep '09

07 Sep '09

-- 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: New Bills/Laws & Resources -- 9-24
by James Kotcon 06 Sep '09

06 Sep '09

You might find some of this useful. JBK >>> Paula Carrell <Paula.Carrell(a)sierraclub.org> 9/3/2009 7:50 PM >>> --------------------------- cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- CONTENTS 1. Learn about the "Smart Grid" 2. N. Carolina debates Wind on mountain ridges 3. Recycling Compact Fluorescent Bulbs -- Maine 1. Is it smarter than a 5th grader? Ivy Main, a volunteer leader in Virginia, unearthed the below-noted reports. Completely TMI, but still you might share them with your Energy Committee and encourage them to poke around a bit for some basic education. The states' role is ensuring that *renewable* energy can get on the grid through strong state interconnection standards. Both the Department Of Energy (DOE) and the Federal Energy Regulatory Commission (FERC) issued reports this summer on the nation's energy grid. The DOE report is "Smart Grid System Report," at http://www.oe.energy.gov/DocumentsandMedia/SGSRMain_090707_lowres.pdf contains a good discussion of the status of the smart grid. It also explains the relevance of interconnection standards to the smart grid and describes the overlapping federal/state jurisdiction in this area, making it clear that a lot of states are lagging on adopting acceptable interconnection standards. (See the section starting on page 20.) The FERC document, at http://www.ferc.gov/whats-new/comm-meet/2009/071609/E-3.pdf announces a policy to promote and set standards for transmission system upgrades. FERC claims it has authority to set standards for transmission, but it is apparently not saying these are mandatory. 3. The wind blows where it chooses . . . The North Carolina State Legislature spent some time this past session talking about wind as well as contributing to it. The legislation before them was S 1068, which can be found at http://www.ncleg.net/Sessions/2009/Bills/Senate/PDF/S1068v3.pdf Molly Diggins says about the bill, "North Carolina's greatest wind resources are off-shore, but there are also commercially viable resources in the mountains and on the coast (sounds). The state currently has no commercial wind and also lacks and environmental permitting process. The bill before the legislature is well-thought out and well-crafted. It is written in two sections--wind on the coast and wind in the mountains. Other Atlantic coastal states may want to review the bill thoughtfully. And here's the view of the "Charlotte Observer" Editorial Board from Aug. 08, 2009: Senate right to block ridgetop wind farms Should North Carolina allow huge wind turbines on its mountain ridges to help meet future energy needs? We don't think so. But it also ought not short-circuit the potential for wind power projects in other mountain areas that may not spoil the views millions of Americans revere. We start with this proposition: One of the wisest things the legislature did in the 1980s is to adopt the mountain ridge law. It bans certain development on ridgetops in Western North Carolina to prevent the spoilage of the state's magnificent vistas. Among the things prohibited are tall condo projects and other structures that alter the viewscape. It's a good law. But controversy has risen over whether its provisions halt development of large wind turbine farms that, under a new sustainable energy law lawmakers adopted a few years ago, would help provide alternative power sources. The goal is to produce 12.5 percent of the state's energy requirements by 2021 with renewable sources such as solar and wind. To meet that goal, many environmentalists argue, the state must use available resources, including the Western N.C. winds that blow most steadily along ridgetops. We don't believe mountaintops are an appropriate place to put wind farms, collections of dozens of wind turbines that can tower up to four hundred feet high, measured from their base to the tips of their rotors. We believe the best spot is along parts of North Carolina's windswept coastline, either offshore or in its more protected sounds. In many of those areas, wind farms could be constructed that do not substantially mar the view and which could take advantage of more reliable winds than many mountain areas. We think Senate President Pro Tem Marc Basnight, D-Dare, has this one right: The coast would be ideal for concentrations of wind farms that could produce significant amounts of electricity. He has talked with Duke Energy about such a possibility in our offshore areas, he says. That's why we like several things about a bill the Senate passed 45-1 Thursday. It sets up a careful process for assessing and issuing permits for coastal area wind farms. And it reasserts the value of the mountain ridgetop law by banning commercial windmill operations. It does allow smaller windmills for residential use. But we'd like to see legislators find a way to encourage the development of emerging wind turbine technology that might be appropriate for some Western N.C. slopes. That includes devices that use much less intrusive turbines than the three-rotor turbines found on many Western United States and European wind farms, for example. There may not be time left in the current legislative session for the House to make suitable revisions to the Senate bill that would allow research and development of mountain wind projects to go forward. But legislators should put their minds to finding a way, before they reconvene next year, to develop appropriate wind energy projects in Western N.C. that do not threaten the very landscape that North Carolinians hold so dear. 3. The Brightest Bulb Maine's LD 973 provides a free and easy way for consumers to recycle compact fluorescent bulbs and sets a standard for the amount of mercury that can be contained in them. Bill text: http://www.mainelegislature.org/legis/bills/bills_124th/chappdfs/PUBLIC272.… ---------------------------------------------------------------------- To get off this list, send email to: LISTSERV(a)LISTS.SIERRACLUB.ORG Make the message text (not the Subject): SIGNOFF CONS-FRED

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Re: [EC] {GT} Some Buildings Not Living Up to Green Label
by Chris Haddox 03 Sep '09

03 Sep '09

thanks, jim. i saw this, or another similar article, recently. i agree that the focus on energy is not strong enough. i can dig up some other articles that strive to show leed buildings are not always performing as expected. some are, some do better, some do worse. unfortunately, our states' first leed building, the dep building, has no benchmarking or tracking of energy costs (at least that is the word from a very knowledgeable inside source). when i asked rep. martin to get the dep's numbers for energy, he replied with the same story.....no one is keeping track of that information. chris J. Chris Haddox, MBA, LEED AP, GA/R Visiting Assistant Professor, Sustainable Design Division of Design & Merchandising West Virginia University 704M Allen Hall Box 6124 Morgantown, WV 26505 E-Mail: chris.haddox(a)mail.wvu.edu Phone: (304) 293-3657 Program Website: http://www.design.wvu.edu >>> "James Kotcon" <jkotcon(a)wvu.edu> 09/03/09 11:28 AM >>> This article suggests, among other things, that on-going energy monitoring and management are critical to meeting the environemtnal goals of LLED-certified buildings. Enjoy. JBK SCIENCE / ENVIRONMENT | August 31, 2009 Some Buildings Not Living Up to Green Label By MIREYA NAVARRO Builders covet a green certification, but many buildings do not save as much energy as their designs predicted. http://www.nytimes.com/2009/08/31/science/earth/31leed.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 2009 The New York Times Company --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "MorgantownGreenTeam" group. To post to this group, send email to morgantowngreenteam(a)googlegroups.com To unsubscribe from this group, send email to morgantowngreenteam+unsubscribe(a)googlegroups.com For more options, visit this group at http://groups.google.com/group/morgantowngreenteam?hl=en -~----------~----~----~----~------~----~------~--~---

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Some Buildings Not Living Up to Green Label
by James Kotcon 03 Sep '09

03 Sep '09

This article suggests, among other things, that on-going energy monitoring and management are critical to meeting the environemtnal goals of LLED-certified buildings. Enjoy. JBK SCIENCE / ENVIRONMENT | August 31, 2009 Some Buildings Not Living Up to Green Label By MIREYA NAVARRO Builders covet a green certification, but many buildings do not save as much energy as their designs predicted. http://www.nytimes.com/2009/08/31/science/earth/31leed.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 2009 The New York Times Company

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new wind farm proposed for southern WV
by Frank Young 02 Sep '09

02 Sep '09

Blank This would be in southeastern Raleigh County- closer to Hinton than to Beckley.- Frank --------------------------------------------------------------------------------- County plans hearing on Pluto wind farm proposal. A property owner in Pluto is preparing to make his case this month for the advent of a wind farm, installing as many as 18 turbines to generate electricity as an example of clean, renewable energy in Appalachia. Earl Long will get the floor Sept. 15, the next meeting of the Raleigh County Commission, to outline his proposal. Actually, the idea had been advanced earlier, but after Tuesday’s meeting, commission president John Humphrey said, “We felt they were not quite prepared to present everything.” “We need to set it up for a public hearing and to let anyone in that area come in and say whatever is on their mind,” Humphrey said. “I’m not here today saying this will happen. We’re saying we need to let the public know first of all and give them an opportunity to share concerns for a wind farm.” Some months ago, an environmental group used economic data in support of another proposed wind farm on the opposite end of Raleigh County as an alternative to coal production. Long told reporters the idea in his region is being promoted through a management team known as Jobs Project in Williamson, “working to get renewable energy throughout southern Appalachia, the coalfields.” Some 200 acres would be put up for the project by Long and some of his relatives. “It’s going to be a joint effort,” he said. “It will be known as Angel Winds.” To date, no opposition has been voiced to either Long or the commission. “We’re going to have a community awareness meeting, let the people know what we’re doing,” he said. “Most of the neighbors are in favor so far, but we haven’t spoken to everyone.” Long said the project would generate some 20 megawatts of power annually. “It will be put back into the main power grid and offset the carbon from coal-fired power plants,” he said. If not for love, then what? There is no wealth but life. (John Ruskin 1819-1900) http://www.register-herald.com/local/local_story_244222653.html

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PATH letter Washington Times
by Grubb, Karen 01 Sep '09

01 Sep '09

Mike Costello <http://www.facebook.com/profile.php?id=25817887&ref=nf> I might not always be the biggest fan of the Washington Times, but congrats to my mom, Nancy Williams, for getting published in the Citizen Journalism section. Check out her article about the destructive PATH powerline. <http://www.facebook.com/ext/share.php?sid=144448957256&h=ljsg6&u=GqBVV& ref=nf> <http://www.facebook.com/ext/share.php?sid=144448957256&h=ljsg6&u=GqBVV& ref=nf> <<Picture (Device Independent Bitmap)>> CITIZEN JOURNALISM: High-voltage opposition to a power plan - Washington Times <http://www.facebook.com/ext/share.php?sid=144448957256&h=ljsg6&u=GqBVV& ref=nf> Source: www.washingtontimes.com Proposed power line opposed by residents in three states.

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Green Party speaks up against Verizon support of MTR rally
by Frank Young 01 Sep '09

01 Sep '09

Here is one more reason why I am proud to be a Green Party / WV Mountain Party member. Frank Young Subject: Is it True? From: Brent McMillan Date: 9/1/2009, 11:53 AM To: Dennis.Strigl(a)verizonwireless.com Is it true that Verizon Wireless is co-sponsoring a pro-mountaintop removal rally on a strip mine site on labor day in West Virginia? Please take note: We are one of your customers and we most certainly do not approve! Global Warming is real and is happening now! Perhaps you should read the recent, "Global Climate Change Impacts in the United States" report that was recently released by the U.S. Global Change Research Program. The report summarizes the science of climate change and the impacts of climate change on the U.S. now and in the future. I urge you to demonstrate some real leadership (and future focus) and withdrawl your sponsorship of this event. Sincerely: Brent McMillan, Executive Director Green Party of the United States 202-319-7191 brent(a)gp.org __._,_.___ Messages in this topic (1) Reply (via web post) | Start a new topic Messages | Files | Photos | Links | Database | Polls | Members | Calendar Working since 1967 for the conservation and wise management of West Virginia's natural resources Change settings via the Web (Yahoo! ID required) Change settings via email: Switch delivery to Daily Digest | Switch format to Traditional Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe Recent Activity Visit Your Group Give Back Yahoo! for Good Get inspired by a good cause. Y! Toolbar Get it Free! easy 1-click access to your groups. Yahoo! Groups Start a group in 3 easy steps. Connect with others.. __,_._,___

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FW: Money for media presentations - PATH
by Grubb, Karen 31 Aug '09

31 Aug '09

FYI From: Frank Young [mailto:fyoung@mountain.net] Sent: Monday, August 31, 2009 10:38 AM To: keryn(a)stoppathwv.com; Sally Wilts Cc: pwaitster(a)gmail.com; o6redleg(a)aol.com Subject: Re: Money for media presentations Hi Sally & Keryn & all, As Keryn notes below, WV Highlands Conservancy (WVHC) is the fiscal agent for the Stop PATH video / audio project- as the National Trust for Historic Preservation grant could only go to a 501(c)3 organization. And yes, WVHC is an IRS designated tax-exempt organization. If you need our tax-exemption number, I can send it to you separately. I would send that number in this message, but there is one e-mail address here I do not recognize. I will produce a Word file invoice that includes our tax-exempt number, and send it to you. Thank you, Sierra Club, for the generous contribution. And I agree with Keryn that as it is SC and the NTHP that is putting up the direct $$$ for this, it is fitting that SC and NTHP receive appropriate recognition. Also, I think I recall from being on the SC Energy Committee call that your funds can be used only for production costs, and not for air time, right? Let us know for sure on that. And I would say that yes, the grant will be used for grassroots public education about a conservation issue. And as the gatekeeper for these funds, I will insist that they be used for that purpose. Please make the check payable to WV Highlands Conservancy, and send it to me at Rt. 1 Box 108 Ripley WV 25271. That is not WVHC's usual address; but I need to know what funds are coming in for this purpose to see that it is credited to the proper line item in WVHC's budget. Thanks again. Frank Young, coordinator WVHC Stop PATH sub-committee ----- Original Message ----- From: Keryn Newman <mailto:keryn@stoppathwv.com> To: Sally Wilts <mailto:sallywilts@yahoo.com> Cc: pwaitster(a)gmail.com ; fyoung(a)mountain.net ; o6redleg(a)aol.com Sent: Monday, August 31, 2009 8:44 AM Subject: Re: Money for media presentations Hi Sally, We very much appreciate the WV Chapter of Sierra Club's generous donation to our campaign to counter the misleading advertising being aired by the PATH companies. All donations we have collected for the media campaign have been in the name of West Virginia Highlands Conservancy. WVHC is the official organization that received the grant from the National Trust for Historic Preservation. Please make donation check payable to WVHC and mail to Frank Young. By copy of this email, I'm asking Frank if he can create and send the invoice. The grant is for the purpose "....to help produce advertisements about proposed powerlines in West Virginia, which will have a broad and negative impact on nationally significant historic resources, as well as environmental and recreational resources." I don't think there would be any problem with adding a "sponsored by WV Sierra Club" somewhere in the ad, along with the required credit to the National Trust. Keryn Newman StopPATH/Jefferson County On Sun Aug 30 16:16 , Sally Wilts sent: Hi Keryn, I am the treasurer of the WV Chapter of Sierra Club. The Executive committee voted to give your group $1000 to use for expenses of broadcasting the media that you have had produced with grant from WVHC. The board asks that you present an invoice of some sort to us and they are wondering if Sierra Club will get any credit for this donation. Is Stop Path WV a nonprofit? Do you have a taxpayer ID number? The national SC has to account for all donations to IRS. Would you say the money was being used for grassroots public education about a conservation issue? Let me know if you need clarification and if I have the scenario about right.

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Beech Ridge wind farm TAC - First meeting
by Frank Young 28 Aug '09

28 Aug '09

Sierra Club energy committee: As per below, the Technical Advisory Committee (TAC) for the Beech Ridge wind farm is coming together. Studies should commence late winter / early spring 2010. The wind farm is expected to become partially operational (about 69 turbines) before the end of December, 2009. Frank Young wind energy sub-committee ----- Original Message ----- From: Miner, Laura To: Bystriansky, Steve ; Groberg, Dave ; wtidhar(a)west-inc.com ; dyoung(a)west-inc.com ; emelton(a)psc.state.wv.us ; laura_hill(a)fws.gov ; craigstihler(a)wvdnr.gov ; fyoung(a)mountain.net ; Cynthia D. Ellis ; ross.conover(a)glenville.edu Sent: Friday, August 28, 2009 2:33 PM Subject: Beech Ridge TAC - First meeting When: Thursday, September 10, 2009 9:00 AM-1:00 PM (GMT-06:00) Central Time (US & Canada). Where: 611 Nicholas Street, Apt 5, Rupert, WV Note: The GMT offset above does not reflect daylight saving time adjustments. *~*~*~*~*~*~*~*~*~* Please join us at the first meeting of the Technical Advisory Committee for the Beech Ridge Post-Construction Monitoring Program. For those who cannot attend in person, we will have conference call capability (instructions to follow). Preliminary Agenda (EST): 10:00 Introductions including an overview of the Beech Ridge development 10:15 Overview of PSC Order and discussion of the TAC role and guidelines 10:45 Outline of Monitoring Protocol with Q&A and Discussion 12:00 Lunch (catered or at a nearby establishment) 1:00 Site tour (optional) 2:00 Adjourn Additional materials to follow before the meeting (such as draft protocol and TAC guidelines). Preliminary membership: PSC Earl Melton FWS Laura Hill (or designee) DNR Craig Stilher BWEC TBD Sierra Club Frank Young Brooks Bird Club Cynthia Ellis Glenville State College Ross Conover (unconfirmed) Consultant: WEST, Inc. Wendy Tidhar WEST, Inc. David Young Beech Ridge: Vice President David Groberg Asset Manager Steve Bystriansky Program Manager Laura Miner

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Fwd: Public News Service-WVNS story for August 28, 2009 City of Morgantown Saving Mone
by James Kotcon 28 Aug '09

28 Aug '09

FYI. News story that went out. Let's chalk this one up as a victory. JBK >>> "Public News Service" <wvns(a)publicnewsservice.org> 8/28/2009 10:40 AM >>> Public News Service-WV August 28, 2009 City of Morgantown Saving Money and Cutting Carbon CHARLESTON, W. Va. - Even in a state where electricity is relatively cheap, local governments can save money and reduce their carbon footprints by conserving energy - and local officials in Morgantown say they're proving it. The municipal government is in the middle of a long-term effort to reduce energy use by 20 percent and save money in the process. Morgantown City Manager Dan Boroff lists a number of changes to be made in the next eight months, that are expected to pay off for years. "A new air conditioning system at the airport; a new chiller system at ice rink; new lighting throughout the parking garages, even down to the stop lights in the city, replacing them with LED systems." All that, plus new boilers and insulation for city buildings are on the ambitious agenda. It is a $2.7 million investment, not including hybrid or fuel-efficient replacements for the city fleet as old vehicles are retired. Boroff says Morgantown is guaranteed to make its money back over 15 years - or the contractors have to pay back the difference. According to Mayor Bill Byrne, theirs was a hardheaded business decision that also had environmental advantages. "We had an opportunity to both save money and improve the quantity of carbon that we put into the environment. We're doing it for economic reasons, and also, because it's positive for the environment." A study released this summer found nationwide, homes and businesses could reduce energy use by nearly one-fourth though steps like upgrading appliances and sealing leaky air conditioning and heating ducts. The study found returns would double the investment in 11 years. Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/10297-1 --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org and put the word "remove" in the subject line.

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PATH - DISCOVERY REQUESTS FOR SIERRA CLUB AND WEST VIRGINIA HIGHLANDS CONSERVANCY
by William V. DePaulo, Esq. 19 Aug '09

19 Aug '09

Attached are six sets of discovery requests submitted to PATH today in the West Virginia proceeding, and on behalf of the Sierra Club and the West Virginia Highlands Conservancy. The requests are the product of all of the lawyers and consultants assisting these clients, but principally Wil Burns. -- 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: News links re cap and trade
by James Kotcon 18 Aug '09

18 Aug '09

I had an inquiry for a response to the developing stories about the forged letters and astroturf campaigns by fossil fuel companies against the Cap and Trade Bill (see the web sites below). Does anyone have any juicy sound bites that brings up some local West Virginia angles? JBK http://tpmmuckraker.talkingpointsmemo.com/2009/08/sensitive_oil_industry_me… http://tpmmuckraker.talkingpointsmemo.com/2009/07/lobby_firm_sent_forged_cl…

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Fwd: Good time to pitch a story
by Paul Wilson 18 Aug '09

18 Aug '09

assume others got this? paul ---------- Forwarded message ---------- From: West Virginia News Service WVNS <wvnsnews(a)gmail.com> Date: Tue, Aug 18, 2009 at 2:42 PM Subject: Good time to pitch a story To: Hi Friends, Dan Heyman here. I've got space for some stories at the moment, so if you have anything you think might be news worthy, now would be a good time to pitch it. best, 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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Fw: Montana Consumer Counsel v. FERC Telebriefing
by cindyrank 18 Aug '09

18 Aug '09

Thought some of you might be interested ---- or know someone who is and can use the 1 CLE. cindy -------------------------------------------------------------------------------- Montana Consumer Counsel v. FERC August 21, 2009 10:00 AM PDT, 11:00 PM MDT, 12:00 PM CDT, 1:00 PM EDT Download or view the program agenda here. Ms. Rank: We are pleased to present a one-hour expert analysis by phone of the recent appellate case, Montana Consumer Counsel v. FERC, which is the first to review FERC's revised guidelines for granting market-based rate authority to a wholesale electricity seller. In this decision, a Ninth Circuit panel rejected a challenge to FERC's grant of market-based rate authority to several affiliates of PPL Corporation (PPL Companies) in a control area covering most of Montana. In doing so, the Court stated that it felt a need to "afford great deference" to FERC's rate determinations and expressed reluctance to "second guess [FERC's] judgment on questions of policy within its expertise." Although the ruling is unpublished and generally not considered binding precedent, it should offer insight into how the Court will approach its pending review of the general market-based rate policies in FERC Order Nos. 697 and 697-A. In this one-hour teleconference, one neutral moderator and two prominent energy lawyers close to the case will discuss the practical implications of the decision on the electric energy industry and its ratepayers, as well as cost recovery implications for transmission planning and development. Register quickly. You can call in from anywhere. Intended Audience Attorneys, industry executives, representatives of customer and environmental intervenors, and state officials involved in FERC wholesale ratemaking or transmission planning and development Registration Register here or call us at (800) 854-8009 Tuition Tuition is $125 per caller and $50 each for any additional people on the same line who desire continuing education credit. 1.0 CLE Credit Available in the Following States: a.. AK b.. AZ c.. BC d.. CA e.. GA f.. IL g.. MO h.. MS i.. NC j.. ND k.. NM l.. NV m.. NY n.. TX o.. UT p.. VA q.. WA r.. WV s.. WA t.. Other credits available, please call I hope you can join us. Kate Johnson President Note: If you do not want to receive email notice of upcoming professional education programs, or want to limit the topics you receive, you can safely tell us by replying to this email. You also can give us a quick call at (800) 854-8009 or go to LSI News Assistant. LSI News, Inc. 800 Fifth Avenue, Suite 101 Seattle, WA 98104

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7th Circuit opinion overturning FERC rule that was basis for pass thru of transmission line costs to WVa in FERC cases involving TRAIL and PATH
by William V. DePaulo, Esq. 17 Aug '09

17 Aug '09

Some of you may have already seen the attached opinion by Judge Posner of the United States Court of Appeals for the Seventh Circuit, which is based in Chicago and is the intermediate appellate court between US District Courts and the Supreme Court. In essence, Posner struck down the FERC rule that allowed PJM to recoup the costs of construction of a new high voltage electric transmission line -- even in part -- from utilities that derived no discernible benefit from the line. Importantly, the court deemed the value associated with "reliability" -- the chief benefit cited as justification for the TRAIL and PATH lines in W. Va. -- to be negligible and, in any event, insufficient to justify the pass thru of costs to utilities who received no other tangible economic benefit. Although the decision repeats, in a very different context (one relating to recoverable transmission rates, not authority to construct transmission lines) many of the arguments we made last year in TRAIL and will make this year in PATH, it will be some time before we will use the decision in our own case. Additionally, there was a powerful dissent, quoting the conflicting opinion of then Judge John Roberts in a DC Circuit case which reached the opposite outcome, obviously for the purpose of highlighting the fact that there is now a "conflict of decisions among circuits" (one of the grounds SCOTUS uses to decide whether to hear an appeal) and attempting to draw the attention of now Chief Justice John Roberts. Stand by.... -- 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: Federal court could stop PATH/TrAIL
by James Kotcon 16 Aug '09

16 Aug '09

Bill Howley sent me the link below. The story is on his blog. This could mean lower electric rates for WV, and it means back to the drawing board for financing TrAIL. JBK >>> Bill Howley <billhowley(a)hughes.net> 8/15/2009 7:15 PM >>> This just came in on the Sierra Club listserv. Here's my post on The Power Line <http://calhounpowerline.wordpress.com/2009/08/15/blockbuster-federal-court-…>. This could be big news. Bill Blockbuster Federal Court Decision Could Doom PATH & TrAIL 2009 August 15 Here is the news from SNL, a financial news Web site: In a decision that could significantly hamper efforts to build major new transmission facilities nationwide, a divided three-judge panel for the U.S. Court of Appeals for the 7th Circuit on Aug. 6 overturned a FERC order signing off on the PJM Interconnection LLC’s postage-stamp rate design for new transmission lines operating at voltages of 500-kV or more. After reviewing the arguments, the majority said the stakes are high, noting, for example, that under FERC’s decision, Commonwealth Edison Co. [an Illinois utility] may be required to contribute hundreds of millions of dollars to help pay for the proposed “Project Mountaineer,” when under the old policy it wouldn’t have had to pay a dime. The problem, according to Judge Richard Posner, who penned the court’s decision in which Judge John Tinder joined, is that FERC never looked at the consequences of switching to the new pricing policy. “No particulars are presented concerning the contribution that very high-voltage facilities are likely to make to the reliability of PJM’s network. Not even the roughest estimate of likely benefits to the objecting utilities is presented,” Posner recalled. Posner suggested that the new policy is unfair to customers in the western portion of PJM, where power plants are located relatively close to their customers and relatively low-voltage, mainly 345-kV, transmission facilities are used. In contrast, generating plants that serve the eastern portions of PJM are generally located long distances from load, and therefore 500-kV and even higher-voltage transmission facilities are used to deliver the power. Yet, FERC never took this disparity into consideration, Posner maintained. Instead, he said, the agency relied on the fact that the eastern utilities that created PJM many years ago agreed to share the costs of certain facilities through pro rata sharing agreements. “The fact that these utilities thought it appropriate to share costs in 1967 says nothing about the advantages and disadvantages of such an arrangement in the larger, modern PJM network,” the judge wrote. “The fact that one group of utilities desires to be subsidized by another is no reason in itself for giving them their way.” The case was in the Seventh Circuit Federal Court in Minnesota because public utilities commissions in Illinois and Ohio had sued PJM over their rate scheme for Project Mountaineer, which included both TrAIL and PATH lines. As noted on Who Pays for PATH, more than 40% of the costs of TrAIL and PATH will be paid for by rate payers west of the Allegheny Mountains. The Seventh Circuit says that can’t happen. There are two alternatives. Either only east coast utilities pay for PATH and TrAIL because they are getting the power, or AEP and Allegheny Energy pay for PATH and TrAIL because they are getting the profit.

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WVEC announcement/Please forward widely!
by Grubb, Karen 14 Aug '09

14 Aug '09

West Virginia Environmental Council Join America's #1 Populist Jim Hightower at WVEC's Annual Fall Conference It's Our 20th Anniversary Celebration! Friday, September 25th - Sunday, September 27th Holly Gray Park, Sutton WV (Braxton County) - Exit # 67 off I 79 Please join us as we celebrate our 20-year history and build from it to pass strong environmental policy in 2010. Founded in 1989 to be the legislative arm for the environmental movement in West Virginia, WVEC now marks 20 years of policy work at the legislature as we continue to be your voice at the capitol. Conference will feature: * Key-note address- by JIM HIGHTOWER, nationally known progressive commentator and co-Editor of America's hottest newsletter, the Hightower Lowdown. We expect to hold a Friday evening reception for Jim. And Saturday morning Mr. Hightower will deliver the Keynote Address for our 20th birthday celebration! * The best of West Virginia's environmental movement as we hold educational workshops on top issues, and organizing training to help improve the effectiveness of your organization; Setting our 2010 Legislative Priorities - incorporate your voice into our organization through discussions and electing representatives of the regions in WV to our Board of Directors; Saturday evening offers a panel of our founders discussing the fascinating history of WVEC. * The weekend will have it's fun, too: Our traditional Silent Auction (bring a contribution or two and be prepared to outbid your friends of course); Booths on environmental issues / Artists / Green Businesses; Recreational Outings as we enjoy the gorgeous scenery of Holly Gray Park, fishing lessons and more; Saturday Night Birthday Bash (musicians to be announced). Please come out to build your connection with the statewide environmental movement in WV, your organization's connection with our lobbying resources - and simply have a great time with our most special guest, Jim Hightower! Registration: Only $15 adult / $10 seniors, students, low income. Youth ages 12 and under receive free registration. Sleeping accommodations: On-site - includes bunk beds in cabins ($10 per night) and unlimited camping ($5 per tent, per night). Please see the registration form <http://www.wvecouncil.org/calendar/WVEC_2009_Fall_Conf_Registration_For m.pdf> at http://www.wvecouncil.org <http://www.wvecouncil.org> . Cost details and off-site accommodations in the area are listed on the registration form. Meals: Breakfasts Saturday & Sunday: $5 each Lunches Saturday & Sunday: $5 each Saturday night dinner - Pot Luck ... Please brings a dish to share. The full Agenda for the weekend will be sent out and posted on our website in August as details are completed. Please stay tuned ...... Download Registration form here. <http://www.wvecouncil.org/calendar/WVEC_2009_Fall_Conf_Registration_For m.pdf> : http://www.wvecouncil.org <http://www.wvecouncil.org> West Virginia Environmental Council Representing West Virginia "Special Interests"- People Who Want to Breathe Clean Air and Drink Clean Water 2206 Washington Street East, Charleston WV 25311 (304) 414-0143 www.wvecouncil.org <http://www.wvecouncil.org/>

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