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Fwd: Charlotte Obs: Demand for coal destroys mountaintops-- MTR/ GW/ new coal plants
by Paul Wilson 31 Oct '07

31 Oct '07

fyi, regina you may want to fwd to the FOM list if it has not shown up there yet. best, paul ---------- Forwarded message ---------- From: Alice.McKeown(a)sierraclub.org <Alice.McKeown(a)sierraclub.org> Date: Oct 30, 2007 1:20 PM Subject: Charlotte Obs: Demand for coal destroys mountaintops-- MTR/ GW/ new coal plants I wanted to make sure everyone saw this opinion piece out of NC-- it links MTR, GW, new coal-fired power plants, and corporate accountability all together. AND it ends with a nod to efficiency. It's from our friends at App. Voices. ________________________________ Alice McKeown Sierra Club Clean Air & Coal Campaigns tel: 202.675.6271 fax: 202.547.6009 Demand for coal destroys mountaintops BofA and Duke Energy contribute to practice that hurts environment HARVARD AYERS Special to the Observer Charlotte Observer http://www.charlotte.com/409/story/336472.html This week's protest of Charlotte-based Bank of America's practice of financing companies who strip mine coal in West Virginia, Kentucky and Virginia raised concerns that should be of interest to all North Carolinians. The Rainforest Action Network hung a huge banner off a crane in front of the Bank of America building that dominates the skyline of downtown Charlotte. The sign read, "Financing Coal, Killing Communities." Many of us are not aware of all the mining practices of coal giants such as Arch Coal and Massey Energy. Besides the familiar underground mining, they blow up mountains in Appalachia to get down to the coal, and push the waste and debris into surrounding valleys. Known appropriately as mountaintop removal, this practice has leveled more than 470 Appalachian mountains and buried or polluted thousands of miles of mountain streams -- streams at the headwaters of the drinking water supply of millions of Americans. Blasting and flooding from mountaintop removal are also devastating families and communities in the mountains and leaving the economy of central Appalachia in shambles. Robert F. Kennedy Jr., perhaps the most prominent environmentalist of our time, recently stated in a speech in Blowing Rock, "Mountaintop removal is the biggest environmental battle of our hemisphere. You know, you can restore the Hudson River in perhaps a hundred years. But you will never, never, get these mountains back. This is truly a crime against every human being in the world." Duke wants huge new plant Another prominent corporation in Charlotte, Duke Energy, is closely connected to Kennedy's concerns. Duke is trying to gain state approval for a huge coal-fired power plant just upwind from Charlotte. The smaller, existing plants at this Cliffside site use mostly mountaintop removal coal from West Virginia and surrounding states, and the much larger unit, if approved, is expected to burn coal from the same region. In fact, according to the Boone-based environmental organization Appalachian Voices, Duke Energy is one of our nation's three biggest users of mountaintop removal coal.Not only would increased demand for coal from the expanded Cliffside plant lead directly to the destruction of more beautiful and irreplaceable Appalachian mountains and communities, it would add millions of tons of global warming gases and other pollutants to our atmosphere. Congressional efforts to curb global warming are very likely to succeed in what promises to be a much more environmentally concerned Congress. So the Duke Energy effort to gain approval for the Cliffside coal plant may be seen as a race against time to get what may well be one of the last of the dirty coal plants in under the wire. When Congress does finally act to regulate global warming gases, those regulations will be costly for states like North Carolina that get most of their electricity from dirty coal plants. With an astronomical 61 percent of our electricity already generated by burning coal, North Carolinians have a lot to lose by putting even more of our energy "eggs" in the coal "basket." Rhetoric misleading Another connection exists between Bank of America and Duke Energy: both claim to be responsible corporate citizens who are concerned about their environmental footprint. Bank of America claims to be investing heavily in technologies that will reduce global warming. However, in 2006 the company spent $100 on dirty energy projects for every dollar it spent on clean energy, according to a white paper by the Rainforest Action Network. The environmental rhetoric of Duke CEO Jim Rogers is just as misleading: Rogers asserted in a recent editorial in The New York Times that the best power plant is the one you don't have to build. But a recent study by the N.C. Utilities Commission demonstrated unequivocally that conservation, efficiency and renewables could meet North Carolina's projected energy demand at a comparable cost to what Duke plans to spend building the Cliffside coal plant. The motto of North Carolina is Esse Quam Videri -- "To be, rather than to seem." But what North Carolina-based companies Duke Energy and Bank of America may have most in common is how far they are from living up to this standard. ---------------------------------------------------------------------------- ---- Harvard Ayers is professor emeritus of anthropology at Appalachian State University and a board member of Appalachian Voices, www.appvoices.org. Write him at harvard(a)boone.net. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-6975

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[Fwd: Fw: Earthjustice e.Brief: Stunning Win Over Coal Power]
by Regina Hendrix 30 Oct '07

30 Oct '07

Just received this from Mark. Regina

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Regina wants you to see this.
by regina1036＠verizon.net 29 Oct '07

29 Oct '07

Regina thought you would like this site. http://www.truthout.org/issues_06/102407EC.shtml ApplyRefer v2.3

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Add Sustainable Growth to WV-EOP
by Duane330＠aol.com 25 Oct '07

25 Oct '07

ENERGY POLICY: National Academies Make Case for Sustainable Growth Eli Kintisch A report released this week by dozens of the world's national science academies recommends using energy more efficiently, putting a price on carbon emissions, and developing green energy sources. See the journal Science, October 26, 2007, Volume 318, Issue 5850. Let me suggest that you visit the following web site, and submit your support for incorporating the above referenced studies into the WV Energy Opportunities Plan [EOP]. Comments can be submitted electronically until the end of October, i.e. Wednesday of next week. If you do it now, you won't forget. I have requested that WV develop a plan that reduces carbon dioxide emissions state-wide by 2% per year, which would be reasonably easy to achieve and to sustain, if a plan and commitment were made to do so. Web Site for WV-EOP: _www.energywv.org_ (http://www.energywv.org) ************************************** See what's new at http://www.aol.com

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Fw: Forbes Article
by Allan Tweddle 25 Oct '07

25 Oct '07

Here's one WV DOE administration reaction that the members of the WV PEAS were sent. Allan ----- Original Message ----- From: Jeff Herholdt<mailto:jherholdt@wvdo.org> To: stimmermeyer(a)wvdep.org<mailto:stimmermeyer@wvdep.org> ; David Warner<mailto:dwarner@wveda.org> ; Freeland Joe<mailto:joeatrms@yahoo.com> ; Allan Tweddle<mailto:allantweddle@msn.com> ; Mike Ross<mailto:mriimurray@3wlogic.net> ; S Pettit<mailto:spettit@waco-trio.com> Sent: Friday, October 19, 2007 11:36 AM Subject: Forbes Article The recent Forbes article referenced a study on energy efficiency at the state level conducted by the American Council for an Energy Efficient Economy. Attached is a copy of that study. The recent adoption of the 2003 International Conservation Code was reflected in our score. West Virginia is ranked 35, tied with Kentucky. FYI, Jeff Jeff Herholdt Acting Director West Virginia Division of Energy (304) 558-2234 (304) 558-0362 Fax jherholdt(a)energywv.org<mailto:jherholdt@energywv.org>

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Fw: Scientists See Coal As Key Challenge
by Allan Tweddle 23 Oct '07

23 Oct '07

Scientists See Coal As Key Challenge http://www.washingtonpost.com/wp-dyn/content/article/2007/10/22/AR200<http://www.washingtonpost.com/wp-dyn/content/article/2007/10/22/AR200> 7102200978.html By CHARLES J. HANLEY The Associated Press Monday, October 22, 2007; 2:26 PM -- The proliferation of coal-burning power plants around the world may pose "the single greatest challenge" to averting dangerous climate change, an international panel of scientists reported Monday. Governments and the private sector are spending too little on research into a partial solution _ technology to capture and store the carbon dioxide emissions from such plants, the group said. The study by 15 scientists from 13 nations, "Lighting the Way: Toward a Sustainable Energy Future," was commissioned by the governments of China and Brazil and is the product of two years of workshops organized by the InterAcademy Council, the Netherlands-based network of national academies of science. The 174-page report details current and developing technologies, and government incentives and other policies that could lead both the developed and developing world to clean, affordable and sustainable energy supplies. "The first thing it says, really, is that conservation and energy efficiency will remain for the next couple of decades the most important thing the world can do to get on a sustainable path," said co-chairman Steven Chu, Nobel Prize-winning physicist and director of California's Lawrence Berkeley National Laboratory. Such steps are urgently needed, the panel said, not only to cut back emissions of carbon dioxide and other gases blamed for global warming, but also to extend basic energy services to 2 billion poor people worldwide and reduce the potential for international conflict over energy resources. The report took note of the growing role of coal-fired power plants in some countries, "despite increased scientific certainty and growing concern about climate change." China expects to open one new coal-fired plant per week over the next five years. In the United States, plans for more than 150 new coal plants have been announced since the late 1990s, although some recently have been scrapped or delayed because of climate and other concerns. European and U.S. scientists and engineers are working to develop capture-and-storage technologies, whereby power plants' carbon-dioxide emissions might be sequestered long-term in abandoned oil wells or other underground cavities. But the InterAcademy Council panel said such work is poorly financed. "Some would argue this is an absolutely cornerstone policy with currently inadequate investment and attention," panelist Ged Davis, a British energy economist, told reporters in a teleconference Monday. The report noted public investment worldwide in energy research and development was estimated at $9 billion in 2005. That should be at least doubled, it said, and there should be "worldwide introduction of price signals for carbon emissions," to push future public and private investment in a carbon-saving direction. Under the Kyoto Protocol, which requires emissions reductions by industrialized nations, the European Union operates a "carbon price" system whereby industries not using up their quotas can sell allowances to others that overshoot their quotas. The United States rejects the idea of such mandatory emissions cutbacks.

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[Fwd: corrected youtube link mtr clean water act]
by Regina Hendrix 23 Oct '07

23 Oct '07

Hi Folks: Take a look at this youtube for a close-up of where your energy comes from. Regina

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TrAil Project
by Regina Hendrix 23 Oct '07

23 Oct '07

Hi Karen: I just had a call from Bill Walters of Mathias, WV. Bill has suggested that we place a notice of the meeting in the Moorefield Examiner. He has been making some personal contacts to bring out citizens to the meeting and he advises me there's much concern among the locals in Hardy County. I gave Bill Walters the phone numbers for our conservation chair and he will be calling you, Karen. Bill's phone number is 304-897-5738. Regina

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Re: [EC] Scheduling conference call.
by Grubb, Karen 20 Oct '07

20 Oct '07

These are questions we need to answer on the conference call. I vote for Sunday at 12:15, if we can get a quorum. I will be on another call at 9:00 Sunday night so after 8:00 is not good for me. Bill asked for midday Sunday and Jim can make it then. What about Barbara, Beth, and Sally? How many do we need for a quorum - 6, not counting Paul? So far we have: Bill DePaulo, Karen Grubb, Jim Kotcon, Duane Nichols, Allan Tweddle, Paul Wilson ________________________________ From: ec-bounces(a)osenergy.org on behalf of duane330(a)aol.com Sent: Sat 10/20/2007 10:02 AM To: ec(a)osenergy.org Subject: [EC] Scheduling conference call. To: EC. I'm in Richmond, VA, and driving home on Sunday afternoon. I have a cell phone with me. So, I could do the conferrence call at 12:15 on Sunday, after 8 pm on Sunday, or any time on Monday until 5 pm, or after 8:30 pm. How much money do we have on hand at this time, and, are there any other significant prospects..............?? We could probably get Ron Klein to back off the $3,000 total by $500, bringing him down to $2500. However, this whole experience has been quite time consuming for him to come up to speed on the background information and data. Even if we don't use him, we definitely owe him $500 already. And, Jonathan and I have told him that his work thus far is deserving of an additional $500. What is the cost estimate for Hale Powell................?? Duane ________________________________ Email and AIM finally together. You've gotta check out free AOL Mail <http://o.aolcdn.com/cdn.webmail.aol.com/mailtour/aol/en-us/index.htm?ncid=A…> !

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Re: [EC] Scheduling conference call.
by Grubb, Karen 20 Oct '07

20 Oct '07

I don't want to ursurp Barbara as Energy Chair, but since I am Intervention Subcommittee Chair, I say let's do the conference call at 12:15 Sunday. 1-866-501-6174 code is 1005700# Everyone that can, please call in whether you are a voting member or not. ________________________________ From: James Kotcon [mailto:jkotcon@wvu.edu] Sent: Sat 10/20/2007 2:36 PM To: Grubb, Karen; ec(a)osenergy.org Subject: Re: [EC] Scheduling conference call. "Done" is better than "Perfect". If we wait till we get everyone available, we may lose a week or more, and time is of the essence. JBK >>> "Grubb, Karen" <kgrubb(a)fairmontstate.edu> 10/20/2007 2:05 PM >>> These are questions we need to answer on the conference call. I vote for Sunday at 12:15, if we can get a quorum. I will be on another call at 9:00 Sunday night so after 8:00 is not good for me. Bill asked for midday Sunday and Jim can make it then. What about Barbara, Beth, and Sally? How many do we need for a quorum - 6, not counting Paul? So far we have: Bill DePaulo, Karen Grubb, Jim Kotcon, Duane Nichols, Allan Tweddle, Paul Wilson ________________________________ From: ec-bounces(a)osenergy.org on behalf of duane330(a)aol.com Sent: Sat 10/20/2007 10:02 AM To: ec(a)osenergy.org Subject: [EC] Scheduling conference call. To: EC. I'm in Richmond, VA, and driving home on Sunday afternoon. I have a cell phone with me. So, I could do the conferrence call at 12:15 on Sunday, after 8 pm on Sunday, or any time on Monday until 5 pm, or after 8:30 pm. How much money do we have on hand at this time, and, are there any other significant prospects..............?? We could probably get Ron Klein to back off the $3,000 total by $500, bringing him down to $2500. However, this whole experience has been quite time consuming for him to come up to speed on the background information and data. Even if we don't use him, we definitely owe him $500 already. And, Jonathan and I have told him that his work thus far is deserving of an additional $500. What is the cost estimate for Hale Powell................?? Duane ________________________________ Email and AIM finally together. You've gotta check out free AOL Mail <http://o.aolcdn.com/cdn.webmail.aol.com/mailtour/aol/en-us/index.htm?ncid=A…> !

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STILL MORE DETAIL -- AND WHAT A CONCLUSION!!
by William V. DePaulo, Esq. 20 Oct '07

20 Oct '07

So who's at the bottom? Mississippi, Louisiana, Alabama, Indiana and, at No. 50, West Virginia. All suffer from a mix of toxic waste, lots of pollution and consumption and no clear plans to do anything about it. Expect them to remain that way. -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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FOLLOW UP TO FORBES GREEN LIST - SPECIFIC COMMENT ON WEST VA
by William V. DePaulo, Esq. 20 Oct '07

20 Oct '07

*West Virginia **No. 50 **Score: 14.2 out of 50* West Virginia posted low scores in every category, notably carbon footprint (fourth highest) and water cleanliness (we ranked it fourth worst). It's got more toxic waste to manage per capita than all but three states. In 2005, it disposed of or released 97.1 million lbs of toxic waste. The state exceeded its Clean Water Act permit levels by an average of 679% in 2005, according to U.S. PIRG. This means the water was frequently grossly tainted. -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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West Virginia ranked 50th on Green List, i.e., at the absolute bottom
by William V. DePaulo, Esq. 20 Oct '07

20 Oct '07

I'M SURE A LOT OF YOU SAW A REFERENCE TO THIS LIST COMPILED BY FORBES MAGAZINE, PLACING W. VA. AT THE ABSOLUTE BOTTOM OF THE GREEN LIST, I.E., THE LEAST GREEN OF ALL FIFTY STATES. WHAT DID THE LADY SAY, "FREEDOM'S JUST ANOTHER WORD FOR NUTHIN LEFT TO LOSE."? ANYWAY, I HOPE TO MAKE THIS AN ASSET AT THE PSC. THE IDEA IS HOW CAN WE JUSTIFY FURTHER ENVIRONMENTAL DEGRADATION OF ANY TYPE.....OF COURSE, THE OTHER SIDE WILL ARGUE THAT THIS IS ALL THE MORE REASON TO DUMP STILL MORE CRAP ON US, I.E., WHO WILL NOTICE THE DIFFERENCE. TO WHICH WE MUST ANSWER, OUR GRANDCHILDREN, YOU ASSHOLE. ANYWAY, HERE IT IS. LET'S FACE IT AND THEN DO SOMETHING ABOUT IT. BILL -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Scheduling conference call.
by duane330＠aol.com 20 Oct '07

20 Oct '07

To:? EC. I'm in Richmond, VA, and driving home on Sunday afternoon.? I have a cell phone with me. So,? I could do the conferrence call at 12:15 on Sunday, after 8 pm on Sunday, or any time on Monday until 5 pm, or after 8:30 pm.??? How much money do we have on hand at this time, and, are there any other significant prospects..............?? We could probably get Ron Klein to back off the $3,000 total by $500, bringing him down to $2500.??? However, this whole experience has been quite time consuming for him to come up to speed on the background information and data. Even if we don't use him, we definitely owe him $500 already.? And,?Jonathan and I?have told him that his work thus far is deserving of an additional $500.? What is the cost estimate for Hale Powell................?? Duane ________________________________________________________________________ Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com

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Re: [EC] energy committee conference call
by Grubb, Karen 19 Oct '07

19 Oct '07

Saturday or Sunday mid-day works for me. I hope it is okay if I send this out to the Energy Committee to decide on a time. Energy Committee, please respond as to your availability Saturday or Sunday for a call sometime between 12 and 2. Karen ________________________________ From: William V. DePaulo, Esq. [mailto:william.depaulo@gmail.com] Sent: Friday, October 19, 2007 5:23 PM To: Grubb, Karen Cc: Barbara Fallon; James Kotcon; AutumnB Subject: Re: energy committee conference call I WILL BE HAPPY TO PARTICIPATE IN A CONF CALL, BUT HOPEFULLY NOT LATE ON A FRIDAY NIGHT. WHAT ABOUT THE MIDDLE OF THE DAY -- FOR 45 MINS OR SO -- ON SAT OR SUNDAY. IF YOU GET A CHANCE PLEASE TAKE A LOOK AT THE SECOND DISCOVERY REQUEST I FORWARDED TO THE EC COMMITTEE EMAIL ADDRESS. BILL DEPAULO 304-541-1984 On 10/19/07, Grubb, Karen <kgrubb(a)fairmontstate.edu> wrote: Jim, Autumn, and I think we should get committee approval to budget the funds needed to hire Hale Powell and Rich Klein. And that we should discuss if we want to hire both and how they will complement each other's testimonies. I think we should talk as a committee concerning funds raised from the letter and if we will have the amount needed to hire both consultants, etc. It is important that Bill DePaulo be on this call. Bill and Jim, do you agree with this assessment? I don't want to burden you, Barbara, but I would feel better if the committee decides rather than just a couple of us. You are doing a great job with fund raising and the postcard. Karen ________________________________ From: Barbara Fallon [mailto:brbr_fallon@yahoo.com] Sent: Friday, October 19, 2007 4:13 PM To: Grubb, Karen Subject: Re: Allegheny Power transmission lines - issues for today's call I am not sure that we need a conference call on this. Do we all have to approve this selection? I am up for a conference call if you think we need one in general or specifically about this. I am staying focused on fund raising. I have to write thank you notes and send IRS info out asap. Also SES report and other grant leads.. Barbara ----- Original Message ---- From: "Grubb, Karen" <kgrubb(a)fairmontstate.edu> To: Barbara Fallon <brbr_fallon(a)yahoo.com> Sent: Thursday, October 18, 2007 12:28:36 PM Subject: FW: Allegheny Power transmission lines - issues for today's call I talked to Jim and Autumn last night at the phone banking about this. He says he will talk to Bill DePaulo and if he says yes, the Energy Committee should have a conference call SOON to approve hiring this consultant. ________________________________ From: HPEnergy(a)aol.com [mailto:HPEnergy@aol.com] Sent: Wednesday, October 17, 2007 11:17 AM To: jkotcon(a)wvu.edu; Grubb, Karen Cc: HPEnergy(a)aol.com Subject: Re: Allegheny Power transmission lines - issues for today's call Here are some thoughts for our call: can you call me at 978 392-8442 at noon? regards, Hale Allegheny Line - Issues for 10/17/07 Call 1- Which are most effective arguments against the project?? a. Alternative strategies to reduce transmission constraints, enhance reliability i. Enhancing existing transmission corridor ii. Localized demand reduction via "targeted DSM" strategies iii. DSM program enhancement by out of state ratepayers (could this somehow be negotiated as an element of the transmission agreement? Funded by a transmission surcharge?) b. Uncertain economic viability of project (ie potential investment stranding) i. Carbon tax/regulation scenarios and impact on coal generation ii. Coal fuel price volatility iii. Transportation costs and constraints? c. Are forecasts of demand growth by 2011 that underlie this project legitimate? (assumption of power plant location, demand forecasts etc). d. Environmental impacts from increased plant utilization. e. Benefits from possible four new 600 MW plants - are these legitimate? f. FERC defined alternatives have not be adequately addressed 2- Which venue is most appropriate? a. WVPSC b. FERC 3- What type of supporting witness best serves this argument? a. Transmission specialist with FERC experience b. DSM specialist c. Resource planning specialist 4- Funding for expert witness Hale Powell , MS , CEM HPowell Energy Associates Westford , Massachusetts (978) 337-4284 hpenergy(a)aol.com <mailto:hpenergy@aol.com> -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Fwd: Info on Hale Powell, expert witness.
by James Kotcon 19 Oct '07

19 Oct '07

Below are some of the issues that Hale Powell and I discussed on Wednesday. His expertise is in Demand Side Management. He has a Masters degree in Energy Policy from U of Penn and 16+ years of experience in the field. He is not an expert on engineering aspects, and is concerned in that he has never testified on transmission issues, although he has a lot of experience on power plant/generation cases. I will present details of our conversation at the conference call. JBK >>> <HPEnergy(a)aol.com> 10/17/2007 11:17 AM >>> Here are some thoughts for our call: can you call me at 978 392-8442 at noon? regards, Hale Allegheny Line – Issues for 10/17/07 Call 1- Which are most effective arguments against the project?? a. Alternative strategies to reduce transmission constraints, enhance reliability i. Enhancing existing transmission corridor ii. Localized demand reduction via “targeted DSM” strategies iii. DSM program enhancement by out of state ratepayers (could this somehow be negotiated as an element of the transmission agreement? Funded by a transmission surcharge?) b. Uncertain economic viability of project (ie potential investment stranding) i. Carbon tax/regulation scenarios and impact on coal generation ii. Coal fuel price volatility iii. Transportation costs and constraints? c. Are forecasts of demand growth by 2011 that underlie this project legitimate? (assumption of power plant location, demand forecasts etc). d. Environmental impacts from increased plant utilitzation. e. Benefits from possible four new 600 MW plants – are these legitimate? f. FERC defined alternatives have not be adequately addressed 2- Which venue is most appropriate? a. WVPSC b. FERC 3- What type of supporting witness best serves this argument? a. Transmission specialist with FERC experience b. DSM specialist c. Resource planning specialist 4- Funding for expert witness Hale Powell, MS, CEM HPowell Energy Associates Westford, Massachusetts (978) 337-4284 hpenergy(a)aol.com ************************************** See what's new at http://www.aol.com

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Re: [EC] energy committee conference call
by Grubb, Karen 19 Oct '07

19 Oct '07

It doesn't matter to me, but it is important that Bill is able to be on the call. Thanks for all your work with Ron Klein. Do you have any opinion on hiring Hale Powell as well as Dr. Klein? ________________________________ From: Jonathan Rosenbaum [mailto:freesource@cheat.org] Sent: Friday, October 19, 2007 7:17 PM To: Grubb, Karen Subject: Re: [EC] energy committee conference call Grubb, Karen wrote: Saturday or Sunday mid-day works for me. I hope it is okay if I send this out to the Energy Committee to decide on a time. Energy Committee, please respond as to your availability Saturday or Sunday for a call sometime between 12 and 2. Karen Karen, neither times work for me, however, evenings on either day would work. -Jonathan ________________________________ From: William V. DePaulo, Esq. [mailto:william.depaulo@gmail.com] Sent: Friday, October 19, 2007 5:23 PM To: Grubb, Karen Cc: Barbara Fallon; James Kotcon; AutumnB Subject: Re: energy committee conference call I WILL BE HAPPY TO PARTICIPATE IN A CONF CALL, BUT HOPEFULLY NOT LATE ON A FRIDAY NIGHT. WHAT ABOUT THE MIDDLE OF THE DAY -- FOR 45 MINS OR SO -- ON SAT OR SUNDAY. IF YOU GET A CHANCE PLEASE TAKE A LOOK AT THE SECOND DISCOVERY REQUEST I FORWARDED TO THE EC COMMITTEE EMAIL ADDRESS. BILL DEPAULO 304-541-1984 On 10/19/07, Grubb, Karen <kgrubb(a)fairmontstate.edu> wrote: Jim, Autumn, and I think we should get committee approval to budget the funds needed to hire Hale Powell and Ron Klein. And that we should discuss if we want to hire both and how they will complement each other's testimonies. I think we should talk as a committee concerning funds raised from the letter and if we will have the amount needed to hire both consultants, etc. It is important that Bill DePaulo be on this call. Bill and Jim, do you agree with this assessment? I don't want to burden you, Barbara, but I would feel better if the committee decides rather than just a couple of us. You are doing a great job with fund raising and the postcard. Karen ________________________________ From: Barbara Fallon [mailto:brbr_fallon@yahoo.com] Sent: Friday, October 19, 2007 4:13 PM To: Grubb, Karen Subject: Re: Allegheny Power transmission lines - issues for today's call I am not sure that we need a conference call on this. Do we all have to approve this selection? I am up for a conference call if you think we need one in general or specifically about this. I am staying focused on fund raising. I have to write thank you notes and send IRS info out asap. Also SES report and other grant leads.. Barbara ----- Original Message ---- From: "Grubb, Karen" <kgrubb(a)fairmontstate.edu> To: Barbara Fallon <brbr_fallon(a)yahoo.com> Sent: Thursday, October 18, 2007 12:28:36 PM Subject: FW: Allegheny Power transmission lines - issues for today's call I talked to Jim and Autumn last night at the phone banking about this. He says he will talk to Bill DePaulo and if he says yes, the Energy Committee should have a conference call SOON to approve hiring this consultant. ________________________________ From: HPEnergy(a)aol.com [mailto:HPEnergy@aol.com] Sent: Wednesday, October 17, 2007 11:17 AM To: jkotcon(a)wvu.edu; Grubb, Karen Cc: HPEnergy(a)aol.com Subject: Re: Allegheny Power transmission lines - issues for today's call Here are some thoughts for our call: can you call me at 978 392-8442 at noon? regards, Hale Allegheny Line - Issues for 10/17/07 Call 1- Which are most effective arguments against the project?? a. Alternative strategies to reduce transmission constraints, enhance reliability i. Enhancing existing transmission corridor ii. Localized demand reduction via "targeted DSM" strategies iii. DSM program enhancement by out of state ratepayers (could this somehow be negotiated as an element of the transmission agreement? Funded by a transmission surcharge?) b. Uncertain economic viability of project (ie potential investment stranding) i. Carbon tax/regulation scenarios and impact on coal generation ii. Coal fuel price volatility iii. Transportation costs and constraints? c. Are forecasts of demand growth by 2011 that underlie this project legitimate? (assumption of power plant location, demand forecasts etc). d. Environmental impacts from increased plant utilization. e. Benefits from possible four new 600 MW plants - are these legitimate? f. FERC defined alternatives have not be adequately addressed 2- Which venue is most appropriate? a. WVPSC b. FERC 3- What type of supporting witness best serves this argument? a. Transmission specialist with FERC experience b. DSM specialist c. Resource planning specialist 4- Funding for expert witness Hale Powell , MS , CEM HPowell Energy Associates Westford , Massachusetts (978) 337-4284 hpenergy(a)aol.com <mailto:hpenergy@aol.com> -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com ________________________________ _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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FW: [energy activists] Update on energy bill timing; call Tuesday
by Grubb, Karen 19 Oct '07

19 Oct '07

I know we are all busy, but the Energy Bill is important. If you can, write letters to the editor and/or Senators Byrd and Rockefeller and Representatives Mollohan, Capito, or Rahall. Karen Grubb Conservation Chair ________________________________ From: Allison.Forbes(a)sierraclub.org [mailto:Allison.Forbes@sierraclub.org] Sent: Friday, October 19, 2007 6:04 PM To: Allison.Forbes(a)sierraclub.org Subject: [energy activists] Update on energy bill timing; call Tuesday Update on energy bill timing: Speaker Pelosi now says negotiations on energy bill provisions, which have already begun, will wrap up by November 16. The House will then adjourn for two weeks and return to vote on December 3. We need to start working every member of Congress -- champions and swings -- on Monday. Visit our very comprehensive website at www.sierraclub.org/flip Find activists materials at www.sierraclub.org/flip/do and www.sierraclub.org/flip/know including policy briefs for lobby meetings. Get the inside scoop at http://sierraclub.typepad.com/cleanenergywatch/ Tuesday energy call The next energy activist call will be Tuesday, October 23 at 8:30pm Eastern. Energy activist calls occur weekly. Call-in number: 1-866-501-6174 Code: 2239223# Please join Global Warming and Energy program staff for an update on priority targets. Come prepared to report on local and state efforts. Got results? Send any lobby reports and relevant newspaper articles (your printed LTEs, Op-Eds, editorials) to Allison.Forbes(a)sierraclub.org -- It is important that program staff can report to House and Senate leadership on the breadth of the Club's energy bill work. What you can do today 1. Distribute this Take Action to you local email lists: http://action.sierraclub.org/site/VoteCenter?page=voteList Send with a personalized message, i.e., Representative XXX's vote is very important. Tell Representative XXX to help pass a strong clean energy bill and flip the switch on our clean energy future this fall! 2. If you're not planning a Solutions Tour media and visibility event, rabidly sending LTEs to state newspapers, or arranging a district meeting with your member of Congress, plan a phone bank day or letter-writing party for sometime in the next two weeks. Generate calls or letters to your Senators and Representative asking for a strong clean energy bill that includes the House-passed renewable electricity standard and Senate-passed fuel economy standards. "No nukes" message on Sierra Club homepage Stop the Nuclear Bailout: The Sierra Club supports a just-launched petition campaign at http://www.nukefree.org/ <http://www.nukefree.org/> to remove expensive loan guarantees for the building of more nuclear power plants from the Energy Bill. Bonnie Raitt, Jackson Browne, and Graham Nash, who were among the artists behind the historic "No Nukes" concerts in 1979, will deliver the petition to Congress on October 23. Background on Lieberman-Warner cap-and-trade bill The Sierra Club is urging co-sponsors of the bill and members of the Environment and Public Works Committee to continue their leadership and improve the bill that was introduced this week. There will be a hearing on October 24 and the bill will be marked up in Subcommittee the week of October 31. Find more information at http://usclimatenetwork.org/federal/lieberman-warner-bill Allison Forbes National Conservation Organizer Sierra Club Global Warming and Energy Program (202) 548-6583

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Re: [EC] Expert Witness News!
by Barbara Fallon 19 Oct '07

19 Oct '07

Very good work Jonathan and Duane. Thank you so much for getting this witness ready... ----- Original Message ---- From: Jonathan Rosenbaum <freesource(a)cheat.org> To: Energy Committee <ec(a)osenergy.org> Sent: Thursday, October 18, 2007 3:35:32 PM Subject: [EC] Expert Witness News! Hi everyone, After several weeks of meetings with Ronald L. Klein, Professor Emeritus, Duane Nichols and I our happy to announce that he has agreed to be fully involved with the expert witness process in our intervention with the PSC TrailCo proceeding. As for the costs, he presented terms today that our clearly within our budget. -Jonathan _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com

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TRAILCO - Discovery of Carbon Foot Print for Proposed Electric Line
by William V. DePaulo, Esq. 19 Oct '07

19 Oct '07

W. Va. Code § 24-2-11a (d)(1) provides with regard to proposed electric transmission lines, that "the commission may approve the application if it shall find and determine that the proposed transmission line: (1) Will economically, adequately and reliably contribute to meeting the present and anticipated requirements for electric power of the customers served by the applicant or is necessary and desirable for present and anticipated reliability of service for electric power for its service area or region; and (2) Will result in an acceptable balance between reasonable power needs and reasonable environmental factors." I have prepared a discovery request that seeks to flush out the environmental costs vs the electricity benefits for this specific proposed line. As currently drafted, the discovery request focuses almost exclusively on carbon dioxide emissions. Please review the proposed discovery request and forward me your suggestions for additions, deletions, changes. I would appreciate in particular any identifiable environmental costs other than carbon dioxide emissions, i.e., endangered species harm, adverse air or water impacts (and a means of quantifying them) and anything else that can be reduced to numbers. Thanks. Bill -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Re: [EC] Expert Witness News!
by Grubb, Karen 19 Oct '07

19 Oct '07

As I said yesterday, I recommend that we have an energy conference call soon to discuss this and another potential expert, Hale Powell. This is good news, but we need to be sure we have enough funds to also pay Hale Powell, if Bill DePaulo decides we need both witnesses. Karen -----Original Message----- From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of Jonathan Rosenbaum Sent: Thursday, October 18, 2007 3:36 PM To: Energy Committee Subject: [EC] Expert Witness News! Hi everyone, After several weeks of meetings with Ronald L. Klein, Professor Emeritus, Duane Nichols and I are happy to announce that he has agreed to be fully involved with the expert witness process in our intervention with the PSC TrailCo proceeding. As for the costs, he presented terms today that our clearly within our budget. -Jonathan _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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Re: [EC] Testimony of Ron Klein
by Grubb, Karen 18 Oct '07

18 Oct '07

I recommend that we have an energy conference call soon to discuss this and another potential expert, Hale Powell. Karen ________________________________ From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of Duane330(a)aol.com Sent: Thursday, October 18, 2007 7:47 PM To: ec(a)osenergy.org Subject: [EC] Testimony of Ron Klein To: Sierra Club Energy Committee From: Duane and Jonathan. We met today with retired Prof. Ron Klein who has continued to read and study the TrAIL case. He drafted some preliminary questions and answers earlier that indicate some potential for "expert testimony". At our last meeting, we approved $500 for preparation of testimony and $250 or so to appear and present testimony (plus expenses). He told us today the he will participate and do the work involved under the following pay schedule: Phase 1. Two increments of $500, for preparation of draft materials.............$1,000 (now due). Phase 2. Two increments of $500, for final preparation as an expert witness...$1,000 (December 5th) Phase 3. The sum of $1,000 to travel to Charleston, as needed and testify..... $1,000 (after testifying) He said today the he could probably absorb the travel costs into the final Phase 3 payment, i.e. no additional for travel expenses. Please consider this above plan as a motion to the Energy Committee by Duane with a second by Jonathan.......... If the above plan is approved, please make checks payable to: Ronald Klein, 461 N. Rebecca Street, Morgantown, WV 26505. ________________________________ See what's new at AOL.com <http://www.aol.com?NCID=AOLCMP00300000001170> and Make AOL Your Homepage <http://www.aol.com/mksplash.adp?NCID=AOLCMP00300000001169> .

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Kansas Rejects coal-fired power plant
by James Kotcon 18 Oct '07

18 Oct '07

How Do You Spell "Momentum"? JBK KDHE Denies Sunflower Electric Air Quality Permit Roderick L. Bremby, Secretary of the Kansas Department of Health and Environment (KDHE), announced today that he has denied the air quality permit for the two proposed 700-megawatt generators at the Sunflower Electric Power Corporation plant near Holcomb. “After careful consideration of my responsibility to protect the public health and environment from actual, threatened or potential harm from air pollution, I have decided to deny the Sunflower Electric Power Corporation application for an air quality permit,” said Bremby. In making his decision, Bremby cited the authority provided to the Secretary of KDHE in K.S.A. 65-3008 and K.S.A. 65-3008a, which grant him the authority to affirm, modify or reverse a decision on an air quality permit after the public comment period or hearing, and K.S.A. 65-3012, which authorizes him to deny or modify an air quality permit to protect the health of persons or the environment. “I believe it would be irresponsible to ignore emerging information about the contribution of carbon dioxide and other greenhouse gases to climate change and the potential harm to our environment and health if we do nothing,” said Bremby. The U.S. Supreme Court found in Massachusetts v. EPA that carbon dioxide meets the broad definition of an air pollutant under the Clean Air Act. The Kansas Air Quality Act similarly has a broad definition of what constitutes air pollution. The Centers for Disease Control and Prevention has recognized the need for public health agencies to take the lead on educating the public about the health impacts of climate change and has adopted priority health actions to prepare for, respond to and manage the associated health risks of climate change. The decision constitutes a first step in emerging policy to address existing and future carbon dioxide emissions in Kansas. “ KDHE will work to engage various industries and stakeholders to establish goals for reducing carbon dioxide emissions and strategies to achieve them. This is consistent with initiatives underway in states leading the effort to address climate change,” said Bremby. One such initiative currently being undertaken by eight northeastern states is the Regional Greenhouse Gas Initiative (RGGI), a mandatory regional cap-and-trade program aimed at reducing carbon dioxide emissions from power plants by 10 percent, or approximately 12 million tons annually, by 2020. The expanded Sunflower plant was projected to release an estimated 11 million tons of carbon dioxide annually. “Denying the Sunflower air quality permit, combined with creating sound policy to reduce carbon dioxide emissions can facilitate the development of clean and renewable energy to protect the health and environment of Kansans,” said Bremby. # # # Editor’s note: More information about the Sunflower Electric Cooperative air quality permit decision, including a timeline, the summary response to comments and multimedia clips of the announcement can be found at http://www.kdheks.gov/press_room.htm.

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Testimony of Ron Klein
by Duane330＠aol.com 18 Oct '07

18 Oct '07

To: Sierra Club Energy Committee From: Duane and Jonathan. We met today with retired Prof. Ron Klein who has continued to read and study the TrAIL case. He drafted some preliminary questions and answers earlier that indicate some potential for "expert testimony". At our last meeting, we approved $500 for preparation of testimony and $250 or so to appear and present testimony (plus expenses). He told us today the he will participate and do the work involved under the following pay schedule: Phase 1. Two increments of $500, for preparation of draft materials.............$1,000 (now due). Phase 2. Two increments of $500, for final preparation as an expert witness...$1,000 (December 5th) Phase 3. The sum of $1,000 to travel to Charleston, as needed and testify..... $1,000 (after testifying) He said today the he could probably absorb the travel costs into the final Phase 3 payment, i.e. no additional for travel expenses. Please consider this above plan as a motion to the Energy Committee by Duane with a second by Jonathan.......... If the above plan is approved, please make checks payable to: Ronald Klein, 461 N. Rebecca Street, Morgantown, WV 26505. ************************************** See what's new at http://www.aol.com

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Expert Witness News!
by Jonathan Rosenbaum 18 Oct '07

18 Oct '07

Hi everyone, After several weeks of meetings with Ronald L. Klein, Professor Emeritus, Duane Nichols and I our happy to announce that he has agreed to be fully involved with the expert witness process in our intervention with the PSC TrailCo proceeding. As for the costs, he presented terms today that our clearly within our budget. -Jonathan

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