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Fwd: FW: [ACTNET-FRAC-NEWS] UK report: shale gas may increase risk of "dangerous climate change".
by James Kotcon 20 Jan '11

20 Jan '11

Strongly recommended reading. Good description of the shale gas process, as well as a couple specific environmental analyses. They ignore the "fugitive emissions" issue, but conclude the gas would have relatively little impact on greenhouse gas emissions in countries that have a cap on emissions, and would likely increase greenhouse gas emissions in countries without a carbon cap. Gas would NOT substitute for coal, but would merely be added to existing emissions. Jim Kotcon >>> "Grubb, Karen" <Karen.Grubb(a)fairmontstate.edu> 1/19/2011 2:07 PM >>> From: National Hydrofracking Team [mailto:ACTNET-FRAC-NEWS@LISTS.SIERRACLUB.ORG] On Behalf Of Peter Wray Sent: Wednesday, January 19, 2011 11:59 AM To: ACTNET-FRAC-NEWS(a)LISTS.SIERRACLUB.ORG Subject: Re: [ACTNET-FRAC-NEWS] UK report: shale gas may increase risk of "dangerous climate change". The full 87-page report is attached. It actually contains a comprehensive analysis of shale gas extraction in the US. Good reading for anyone interested in shale gas. Well illustrated with lots of useful data. Peter Wray. The Key Conclusions are: 1) Evidence from the US suggests shale gas extraction brings a significant risk of ground and surface water contamination and until the evidence base is developed a precautionary approach to development in the UK and Europe is the only responsible action. 2) There is little to suggest that shale gas will play a key role as a transition fuel in the move to a low carbon economy. 3) Without a meaningful cap on emissions of global GHGs, the exploitation of shale gas is likely to increase net carbon emissions. 4) Rapid carbon reductions require major investment in zero-carbon technologies and this could be delayed by exploitation of shale gas. ------ ========================================================== On 1/19/11 10:49 AM, "Jeff Schmidt" <jeff.schmidt(a)sierraclub.org> wrote: Interesting article having to do with the UK. Shale gas moratorium in UK urged by Tyndall Centre By Roger HarrabinEnvironment analyst, BBC News The UK government should put a moratorium on shale gas operations until the environmental implications are fully understood, a report says. The Tyndall Centre for Climate Change Research report comes amid reports a firm has found reserves in Lancashire. In the US, officials are investigating claims that shale gas drilling has polluted water supplies. However, UK ministers have rejected a moratorium, saying that drilling for shale gas does not pose a threat. "We are aware that there have been reports from US of issues linked to some shale gas projects," a spokesman for the Department of Energy and Climate Change (Decc) told BBC News. "However, we understand that these are only in a few cases and that Cuadrilla (the firm testing for shale gas in Lancashire) has made it clear that there is no likelihood of environmental damage and that it is applying technical expertise and exercising the utmost care as it takes drilling and testing forward." 'Play it safe' The Tyndall report was commissioned by The Co-operative, an institutional investor in oil firms. It is pressing firms not to invest in shale gas until further studies have been carried out into the effects of pumping chemicals underground to help release the gas trapped in shale rocks. The Co-operative is concerned that Decc pronounced shale gas safe last week before the end of a consultation into the technology by MPs on the Commons energy and climate change select committee. Paul Monaghan, head of the organisation's social goals, said: "There should be no fracturing of rock for shale gas until legislation can catch up. "We are aghast that government accepted the assurances of industry on this while their own consultation had not even finished. There was a shale gas rush in the US and now they are looking into the implications - we need to do it the other way round." The Tyndall report also expresses concern that the exploitation of shale gas is bringing new greenhouse gas sources into play. It says: "This will further reduce any slim possibility of maintaining global temperature changes at or below 2C (3.6F) and thereby increase the risk of entering a period of 'dangerous climate change'." Gas security Shale gas has become an energy phenomenon since firms in the US found economic ways of extracting gas previously trapped in shale rocks, which have metamorphosed from clay deposits under pressure and heat. The process involves drilling horizontally into shale formations far underground, then using small explosions to fracture the shale - followed by a slurry of water, sand and chemicals to free the trapped gas. The US was gearing up to import gas, but experts suggest that the shale reserves may provide the nation with gas supplies for 100 years. Large deposits of shale gas are expected to be unearthed in China, Europe and South America too. Experts say the technological breakthrough increases energy security worldwide and reduces the diplomatic power of gas-rich nations, such as Russia. But there have been reports of problems with the technology in the US, such as cattle dying after drinking water from the fracturing process that found its way to the surface. In Pennsylvania, some residents can now set fire to their drinking water after methane leaked into wells. They are blaming shale gas extraction. The Tyndall report says that gas drilling in Lancashire will give rise to a range of local concerns including noise pollution, high levels of truck movements and land use demands. The Decc spokesman said: "We support industry's endeavours in pursuing energy sources (like shale gas), provided that tapping of such resources proves to be economically, commercially and environmentally viable. "All onshore oil and gas projects, including shale gas exploration and development, are subject to a series of checks, including local planning permission before they are able to move ahead with drilling activities." Mark Miller from Cuadrilla Resources said: "We disagree with the conclusions of the Tyndall Centre report which calls for a moratorium on shale gas activities as there are no grounds for a moratorium on this proven and long-standing technology. He added that Cuadrilla had received full local and national approvals from all appropriate bodies in order to explore for natural gas at each of its sites. Stephen Tetlow, chief executive of the Institution of Mechanical Engineers, said: "While 90% of UK heating needs are met by gas energy, the UK is expected to have to import 80% of its gas supplies by 2020. "This is unsustainable, bad for our energy security, and very expensive." - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the ACTNET-FRAC-NEWS list, send any message to: ACTNET-FRAC-NEWS-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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the ACTNET-FRAC-NEWS list, send any message to: ACTNET-FRAC-NEWS-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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Fw: StL Post-Dispatch: Arch Coal finds a passage to Asia
by pjgrunt＠gmail.com 20 Jan '11

20 Jan '11

Sent on the Sprint® Now Network from my BlackBerry® -----Original Message----- From: Fred Heutte <phred(a)SUNLIGHTDATA.COM> Sender: "Announcements from the National Coal Campaign team." <COAL-CAMPAIGN-ALERTS(a)LISTS.SIERRACLUB.ORG> Date: Wed, 19 Jan 2011 14:41:03 To: <COAL-CAMPAIGN-ALERTS(a)LISTS.SIERRACLUB.ORG> Reply-To: Fred Heutte <phred(a)SUNLIGHTDATA.COM> Subject: StL Post-Dispatch: Arch Coal finds a passage to Asia http://www.stltoday.com/business/local/article_8b13ce07-6cd2-58df-9e18-279b… Arch Coal finds a passage to Asia BY JEFFREY TOMICH • jtomich(a)post-dispatch.com > 314-340-8320 | (2) Comments | Posted: Wednesday, January 19, 2011 12:00 am Arch Coal Inc. announced on Tuesday an agreement with the operator of a British Columbia shipping terminal that will enable the miner to export 2 million tons of coal to Asia this year. The five-year deal with Canadian Crown Corp. Ridley Terminals Inc. provides Arch, based in Creve Coeur, access to 2.5 million metric tons of coal-handling capacity during each of the next four years. Financial terms weren't disclosed. It's the second West Coast coal terminal agreement in as many weeks for Arch, which is searching for ways to ship coal from its vast Wyoming surface mines to fast-growing energy markets in Asia. St. Louis-based Peabody Energy Corp. is also conducting engineering studies for a coal export facility somewhere on the U.S. or Canadian coast and is expected to announce plans early this year. "This transaction is another important step in accomplishing our strategic objective of expanding Powder River Basin coal sales into the Asia-Pacific region," Steven F. Leer, Arch's CEO, said in a statement. Arch's Black Thunder mine in northeast Wyoming is the largest coal mine in the nation, and the company has capacity to expand further in the Powder River basin if it can find customers. Coal demand in China and other Asian nations continues to rise. U.S. coal producers say the only limitation to shipping millions of tons of coal across the Pacific Ocean is port capacity. No West Coast port in the U.S. has dedicated coal-handling terminals and equipment, and what limited port capacity exists in Canada has historically been used for exporting Canadian coal used by Asian steel makers. Leer said Tuesday's agreement gives the company immediate access to a booming market. Last week, Arch paid $25 million for 38 percent of a Longview, Wash., shipping terminal being developed to supply coal to Asia as soon as next year. The terminal would ultimately be used to send up to 5 million tons of coal a year to power plant owners in China and other Asian nations. However, that project faces opposition from environmentalists who are challenging a permit to redevelop the site, a former Alcoa aluminum mill. The bulk commodity terminal near Prince Rupert, British Columbia, has been operating since the 1980s. It can load up to 12 million tons of coal per year, and there are expansion plans that could double capacity, Arch said. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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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Remembering Bob Handley, West Virginia wilderness hero
by Frank Young 19 Jan '11

19 Jan '11

I'm sure that some of you knew cave explorer and Wilderness protector extraordinaire Bob Handley. From Mike Costello comes word that Bob passed away this past weekend at age 82. Bob has been on the board of directors of WV Highlands Conservancy for several years. Frank ----- Original Message ----- From: Cindy Rank To: WVHCBOARD(a)yahoogroups.com ; chey0000(a)hotmail.com Sent: Wednesday, January 19, 2011 4:13 PM Subject: Re: Re: [WVHCBOARD] Fwd: Remembering Bob Handley, West Virginia wilderness hero Donna LeMasters --- chey0000(a)hotmail.com, ... i may have her phone number in my spring review file as well --- will look for it... Also found this link from the April 2006 (?) issue of the Voice that had Bob on front page: http://www.leaveitwild.org/news/newsletter/issue/2006-07/wilderness_hero Cindy R. ________________________________ On Jan 19, 2011, Hugh Rogers <hugh.rogers(a)gmail.com> wrote: Does anyone know how to get in touch with Bob's friend Donna? And recall her last name? She had let us know that Bob had moved to his brother's place when he got too weak to stay at home, but I don't have that email now. Hugh On 1/19/11, George Beetham Jr. <geobeet(a)hotmail.com> wrote: > > In addition to his dry, wry sense of humor, I recall that when we were > scouting around for a place to eat dinner in Lewisburg a couple of years ago > he nixed one of the potential venues because they required a tie and jacket. > > > > > > > > > > > To: WVHCBOARD(a)yahoogroups.com > CC: Johnmc ferrin(a)aol.com > From: cdellis(a)wildblue.net > Date: Wed, 19 Jan 2011 12:03:58 -0500 > Subject: Re: [WVHCBOARD] Fwd: Remembering Bob Handley, West Virginia > wilderness hero > > > > > > > > That is too bad. I had only had a few chances to talk with him. Last time > we talked he told me that his father/uncle??? was Charley Handley...of > Handley Wildlife Management Area and other fame. Such a web of connection > and recollection for all of us... > ~Cindy Ellis > > > On Wed, Jan 19, 2011 at 9:54 AM, Hugh Rogers <hugh.rogers(a)gmail.com> wrote: > > > > > > > John: You probably have additional info about Bob Handley in your > fil es---or in those articles from last year about his long-ago caving > exploits. Mike's note below mourns him from the perspective of the > Wilderness Coalition, more good stuff he did in more recent years that > could be included in a remembrance. He was such a character. I'm going > to miss him at every board meeting. > > Hugh > > ---------- Forwarded message ---------- > From: Mike Costello <michael.costello(a)wvwild.org> > Date: Mon, 17 Jan 2011 12:06:52 -0500 > Subject: Remembering Bob Handley, West Virginia wilderness hero > To: Mike Costello <michael.costello(a)wvwild.org> > > "The forest gives us an opportunity to connect with our ancestors and others > who have loved this lan d before us." Bob Handley, 2007 > > It is with great sadness that we begin this week remembering dedicated > activist and outdoorsman, Bob Handley, who passed away this weekend at age > 82. > > Bob will be remembered for many accomplishments throughout his lifetime. > Some will remember him as an avid caver, who discovered numerous underground > passages and became the first West Virginian to receive the National > Speleological Society's prestigious Lew Bicking Award. Others will remember > Bob for becoming the oldest person ever to rappel from the New River Gorge > Bridge in 2006, when he accomplished the feat alongside his son, Todd, and > his granddaughter, Meghan, who was then the youngest rappeller at age 14. > > Those of us at the West Virginia Wilderness Coalition will remember Bob's > perseverance as an advocate for protection of wild lands across the southern > Monongahe la National Forest. Bob took great pride in his pursuits, and was > instrumental in establishing Spice Run and Big Draft, the very first > Wilderness areas in the Greenbrier River Watershed. For his service with > the Wilderness Coalition, Bob was recognized as a Wilderness Hero by the > Campaign for America's Wilderness in July of 2006. > > In his role as a volunteer, Bob was especially proud of his efforts to > persuade U.S. Representative Nick Rahall to join him on a hike through the > then-proposed Big Draft Wilderness Area. Congressman Rahall accepted Bob's > invitation, and Big Draft Wilderness, Bob's favorite area of the National > Forest, was later included in the historic Wild Monongahela Act. > > Bob was an inspiration to all of us who have worked to protect the Mon > Forest, and his legacy will continue to motivate those who were fortunate > enough to know him. As we carry on with our efforts, we must appreciate the > impact Bob had on our lives, both personally and professionally, and we can > only hope to embody his dedication to preserving our last remaining wild > places. > > West Virginia's forests, rivers and caves have lost a true friend, a devoted > guardian who will be greatly missed. > > Mike Costello > Campaign Coordinator > > West Virginia Wilderness Coalition > office: 304-497-2836* > mobile: 304.437.1082 > fax: 888.671.2140 > > *Note new office number > > > > -- > > Cynthia D. Ellis > RR 1 Box 163 > Red House, WV 25168 > 304 586-4135 > cdellis(a)wildblue.net > > "We know now, from brain science, that seeing is not a direct register of > what meets our eyes but a fast mental con struction that squares sensations > with memory and desire: what we believe and wish reality to be." ~Peter > Schjeldahl > > > > > > > > __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (10) Recent Activity: Visit Your Group Working since 1967 for the conservation and wise management of West Virginia's natural resources MARKETPLACE Get great advice about dogs and cats. Visit the Dog & Cat Answers Center. -------------------------------------------------------------------------------- Stay on top of your group activity without leaving the page you're on - Get the Yahoo! Toolbar now. Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Interesting SC blog post
by Jonathan Rosenbaum 19 Jan '11

19 Jan '11

Lot's of familiar people mentioned in this SC blog posting: http://sierraclub.typepad.com/scrapbook/2011/01/permit-nixed-for-huge-west-… -Jonathan

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Wednesday, January 19th- WVEC’s annual “Legislative Kick Off Blast” Benefit
by Frank Young 18 Jan '11

18 Jan '11

BlankWednesday, January 19th: WV Environmental Council's annual “Legislative Kick Off Blast” Benefit. WVEC office, 2206 Washington Street East, Charleston. From 7:00 PM – 10:30 PM. Live music, refreshments, 2011 Lobby team, great friends! Donation: $5 or whatever you can afford. Proceeds go in support of WVEC lobbying efforts.

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Fw: "Impacts of Coal" rally in Charleston onThursday
by Frank Young 18 Jan '11

18 Jan '11

**PLEASE FORWARD WIDELY** "Impacts of Coal" Rally Thursday, Jan 20 1:30pm Meet at Laidley Field Parking Area (1549 Piedmont Road at Elizabeth St, Charleston) Acting Governor Tomblin is hosting a "Rally for Coal" at the state capitol on Thursday to show his opposition to the EPA's veto of the Spruce No 1 mountaintop removal mine. The governor has announced that the purpose of his rally is to "show the EPA how coal impacts our lives, and the lives of our fellow countrymen.” So let's go and remind the governor of coal's impact — slurry injections, blasting, poisoned water, destruction of our communities, cancer and death. The EPA finally did its job and now it is under attack by our own state government. The governor does not speak for us. He speaks for the coal industry. We must show our support for the EPA's decision and make our voices heard. Please show up, bring your friends, bring a camera and bring signs, photos and any other visuals that illustrate the devastation that coal has wrought in our region. We will gather at the bus shelter at Laidley Field and leave at 1:30 to walk together to the capitol, near the acting governor's rally. IMPORTANT: * This is a non-violent event; we intend to demonstrate in a peaceful and respectful manner. * Please do not engage with pro-coal demonstrators, regardless of how they react to us. * Do not bring anything that could be construed as a weapon, including signs with wooden poles * Take responsibility for the safety of the people standing next to you __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: Visit Your Group Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___ -------------------------------------------------------------------------------- _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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Fw: [wvec-board] Fwd: "Impacts of Coal" rally in Charleston on Thursday
by Frank Young 18 Jan '11

18 Jan '11

**PLEASE FORWARD WIDELY** "Impacts of Coal" Rally Thursday, Jan 20 1:30pm Meet at Laidley Field Parking Area (1549 Piedmont Road at Elizabeth St, Charleston) Acting Governor Tomblin is hosting a "Rally for Coal" at the state capitol on Thursday to show his opposition to the EPA's veto of the Spruce No 1 mountaintop removal mine. The governor has announced that the purpose of his rally is to "show the EPA how coal impacts our lives, and the lives of our fellow countrymen.” So let's go and remind the governor of coal's impact — slurry injections, blasting, poisoned water, destruction of our communities, cancer and death. The EPA finally did its job and now it is under attack by our own state government. The governor does not speak for us. He speaks for the coal industry. We must show our support for the EPA's decision and make our voices heard. Please show up, bring your friends, bring a camera and bring signs, photos and any other visuals that illustrate the devastation that coal has wrought in our region. We will gather at the bus shelter at Laidley Field and leave at 1:30 to walk together to the capitol, near the acting governor's rally. IMPORTANT: * This is a non-violent event; we intend to demonstrate in a peaceful and respectful manner. * Please do not engage with pro-coal demonstrators, regardless of how they react to us. * Do not bring anything that could be construed as a weapon, including signs with wooden poles * Take responsibility for the safety of the people standing next to you __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: Visit Your Group Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Fwd: Solar jobs leaving US
by James Kotcon 17 Jan '11

17 Jan '11

China is subsidizing solar panel manufacturing to the point where even local companies are leaving the US and starting joint ventures in China. This really needs to be a big issue with our state and federal leaders. I don't necessarily want to play the "China" card all the time, but this is happening and we need to let politicians know about it. Jim Kotcon >>> Mike Harman <mph1946(a)gmail.com> 1/15/2011 9:29 PM >>> Latest news re-economics of solar manufacturing: http://www.nytimes.com/2011/01/15/business/energy-environment/15solar.html?…

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Re: [EC] USGS - Water Resources and Gas production
by fmoose39＠hotmail.com 17 Jan '11

17 Jan '11

Yes he has done a lot of work in this field. sent from my AT&T Smartphone by HTC ----- Reply message ----- From: "Jonathan Rosenbaum" <freesource(a)cheat.org> Date: Sun, Jan 16, 2011 9:45 pm Subject: [EC] USGS - Water Resources and Gas production To: "Energy Committee" <ec(a)osenergy.org>, "Chuck Wyrostok" <wyro(a)appalight.com>, "Nicole Good" <nnncole(a)yahoo.com> http://pubs.usgs.gov/fs/2009/3032/pdf/FS2009-3032.pdf Is this our Dan Soeder from outings, because he co-wrote it? An interesting document. -Jonathan _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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USGS - Water Resources and Gas production
by Jonathan Rosenbaum 17 Jan '11

17 Jan '11

http://pubs.usgs.gov/fs/2009/3032/pdf/FS2009-3032.pdf Is this our Dan Soeder from outings, because he co-wrote it? An interesting document. -Jonathan

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EPA Water Administrator resigns post-Spruce
by Jim Sconyers 15 Jan '11

15 Jan '11

Interesting coincidence? EPA head of water programs resigns the day after announcing denial of the Spruce MTR permit. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "dfvet(a)aol.com" <dfvet(a)aol.com> To: jkotcon(a)wvu.edu; wyro(a)appalight.com; fmoose39(a)hotmail.com; karen.grubb(a)fairmontstate.edu; jim_scon(a)yahoo.com; blittle(a)citynet.net; heatherheilman(a)yahoo.com; nicolegood.wv(a)gmail.com; sallywilts(a)yahoo.com; bhaddaka(a)gmail.com; paynestake(a)frontier.com; freesource(a)cheat.org Sent: Fri, January 14, 2011 10:44:54 PM Subject: News of interest- EPA Water Administrator resigns post-Spruce EPA: Water administrator resigns (01/14/2011) * EMAIL THIS STORY * PRINT THIS STORY * READ FULL EDITION * CUSTOMIZE EDITION Advertisement Paul Quinlan, E&E reporter U.S. EPA's top water official, Pete Silva, announced his resignation today. Silva, whom President Obama appointed the assistant administrator for water in July 2009, plans to return to his home and family in California, EPA Administrator Lisa Jackson said in a memo to staff. The announcement of Silva's departure comes a day after his office made a controversial decision to revoke the permit of one of the largest mountaintop mines ever proposed in Appalachia (Greenwire, Jan. 13). The decision on the West Virginia mine came as EPA's water office worked on regulations of ash from coal-burning plants and pollution limits for stormwater discharges. The office is also working on clarifying which waterways and wetlands it regulates under the Clean Water Act. "During his tenure, Pete has led a wide range of important actions to help protect the water we drink and safeguard the health of millions of Americans," Jackson wrote. "We have greatly valued his service, and we offer him our deepest thanks as he prepares to embrace new opportunities. We are beginning the search for his successor." Nancy Stoner, who came from the Natural Resources Defense Council to become the deputy assistant administrator for the water office, will serve as acting assistant administrator in Silva's absence. Silva leaves Feb. 12. "Nancy is exceptionally talented and knowledgeable, and I am confident that she will continue to contribute significantly to the office's excellent work in this role," Jackson wrote. Jackson also announced the appointment of Bicky Corman as deputy associate administrator for the Office of Policy and Joel Beauvais as senior adviser in the Office of General Counsel.

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emails/letters to Rahall & Rocke
by Jim Sconyers 15 Jan '11

15 Jan '11

Hi folks - We need to get emails and or letters to Rahall and Rockefeller supporting EPA's recent denial of the Spruce MTR permit. We can use our Convio system to enable members to send email or fax. Would need the introductory email to members telling briefly what happened, why it is good, and how they can help (by clicking to go to next screen). Then would need a sample email or talking points suggesting what they could say. Way it works is then they can click and the msg goes directly to designated recipients - Rahall and Rockefeller in this case. We need someone to take charge of this small project. Can you please? Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Barbara F. - Legislators are seeking stricter drilling rules
by Jonathan Rosenbaum 14 Jan '11

14 Jan '11

Legislators are seeking stricter drilling rules (http://www.weirtondailytimes.com/page/content.detail/id/557436.html) Barbara F. has introduced HB 2403.

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Fw: Breaking news: EPA vetoes Spruce Mine permit !!
by Jim Sconyers 13 Jan '11

13 Jan '11

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Chuck Wyrostok <wyro(a)appalight.com> To: Jim Sconyers <jim_scon(a)yahoo.com> Sent: Thu, January 13, 2011 10:59:14 AM Subject: Breaking news: EPA vetoes Spruce Mine permit !! Wow !! Chuck Wyrostok Sierra Club Outreach Organizer Toll free 877 252 0257 E : wyro(a)appalight.com www.frackcheckwv.net www.marcellus-wv.com ________________________________ From:wvec-board@yahoogroups.com [mailto:wvec-board@yahoogroups.com] On B ehalf Of Daniel Chiotos Sent: Thursday, January 13, 2011 10:39 AM To: build-it-up-wv-participants; wv-yalcoordinators; wvec-board Subject: [wvec-board] B reaking news: E PA vetoes Spruce Mine permit Breaking news: EPA vetoes Spruce Mine permit January 13, 2011 by Ken Ward Jr. Word is just coming down that the U.S. E nvironmental Protection Agency has vetoed the largest single mountaintop removal permit in West Virginia history. The move is part of an Obama administration crackdown aimed at reducing the effects of mountaintop removal coal-mining on the environment and on coalfield communities in Appalachian — impacts that scientists are increasingly finding to be pervasive and irreversible. The final E PA decision document is available here. E PA officials this morning were alerting West Virginia ’s congressional delegation to their action, and undoubtedly preparing for a huge backlash from the mining industry and its friends among coalfield political leaders. In making its decision to veto the U.S. Army Corps of E ngineers’ approval of the 2,300-acre mine proposed for the B lair area of L ogan County , E PA noted that it reviewed more than 50,000 public comments and held a major public hearing in West Virginia . E PA officials said their agency is “acting under the law and using the best science available to protect water quality, wildlife and Appalachian communities who rely on clean waters for drinking, fishing and swimming.” Peter S. Silva, E PA’s assistant administrator for water, said: The proposed Spruce No. 1 Mine would use destructive and unsustainable mining practices that jeopardize the health of Appalachian communities and clean water on which they depend. Coal and coal mining are part of our nation’s energy future, and E PA has worked with companies to design mining operations that adequately protect our nation’s water. We have responsibility under the law to protect water quality and safeguard the people who rely on clean water. The agency also said: EPA’s final determination on the Spruce Mine comes after discussions with the company spanning more than a year failed to produce an agreement that would lead to a significant decrease in impacts to the environment and Appalachian communities. The action prevents the mine from disposing the waste into streams unless the company identifies an alternative mining design that would avoid irreversible damage to water quality and meets the requirements of the law. Despite E PA’s willingness to consider alternatives, Mingo L ogan did not offer any new proposed mining configurations in response to E PA’s Recommended Determination. In addition, E PA argued: EPA believes that companies can design their operations to make them more sustainable and compliant with the law. L ast year, E PA worked closely with a mining company in West Virginia to eliminate nearly 50 percent of their water impacts and reduce contamination while at the same time increasing their coal production. These are the kinds of success stories that can be achieved through collaboration and willingness to reduce the impact on mining pollution on our waters. Those changes helped permanently protect local waters, maximize coal recovery and reduce costs for the operators. Readers will recall that the Obama EPA began looking more closely at the Spruce Mine in September 2009. B ut debate over the proposed operation dates back to the late 1990s, when then-U.S. District Judge Charles H. Haden II issued an injunction that blocked the mine, which then was proposed for more than 3,000 acres. After the Haden ruling, the company reduced the size of its proposal and the operation underwent much more intense scrutiny, in the form of a full-blown E nvironmental Impact Statement by the Corps of E ngineers, which approved the new mining configuration in January 2007. Cheers, Daniel Chiotos 2206 Washington St E . Charleston , WV , 25311 (304)886-3389 {www.seac.org} {http://bit.ly/builditupwvfacebook suggest the B uild It Up, WV Page to your Facebook folks today and help publicize an effort to build healthy economies in the WV Coalfields} __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) R e c e nt Activity: Visit Your Group Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use . __,_._,___

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Fwd: EPA vetoes Spruce Permit!
by Paul Wilson 13 Jan '11

13 Jan '11

---------- Forwarded message ---------- From: Verena Owen <verena_owen(a)prodigy.net> Date: Thu, Jan 13, 2011 at 11:00 AM Subject: EPA vetoes Spruce Permit! To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org EPA vetoes water permit for W.Va. mountaintop mine By VICKI SMITH - Associated Press [image: Bookmark and Share]<http://addthis.com/bookmark.php?v=250&pub=mianalytics> [image: email this story to a friend] E-MAIL<http://www.bnd.com/2011/01/13/1549733/epa-vetoes-water-permit-for-wva.html?…>[image: print story] PRINT<http://www.bnd.com/2011/01/13/v-print/1549733/epa-vetoes-water-permit-for-w…> TEXT SIZE: MORGANTOWN, W.Va. -- The Environmental Protection Agency said Thursday it is revoking a crucial water permit for West Virginia's largest mountaintop removal mine, formalizing an action it first threatened nine months ago. Assistant Administrator for Water Peter S. Silva said Arch Coal's Spruce No. 1 mine in Logan County would use "destructive and unsustainable" mining practices that jeopardize the health of Appalachian communities and cause irreparable damage to the environment. Arch did not immediately comment. The nearly 2,300- acre operation would bury 7 miles of stream, and EPA ruled it would likely harm downstream water quality. EAP said it was acting within its legal authority revoking a permit issued by the U.S. Army Corps of Engineers in 2007 and "using the best science" to protect water quality, wildlife and people. "Coal and coal mining are part of our nation's energy future, and EPA has worked with companies to design mining operations that adequately protect our nation's waters," Silva said. "We have a responsibility under the law to protect water quality and safeguard the people who rely on clean water." Michael Brune, executive director of the Sierra Club, praised the ruling as "a strong commitment to the law, the science and the principles of environmental justice." National Mining Association President Hal Quinn said EPA's action threatens the certainty of all similar permits that have been issued, "weakening the trust U.S. businesses and workers need to make investments and secure jobs." Spruce No. 1 went through a "robust 10-year review" process, he said, and the project has complied with every permit requirement. St. Louis-based Arch has long argued that killing the project would hurt West Virginia's economy and tax base, and have a chilling effect on the industry. The EPA said this is only the 13th time it has intervened after the corps issued a permit and that it reserves that power "for only unacceptable cases." Online: EPA's final decision on permit: http://water.epa.gov/lawsregs/guidance/cwa/dredgdis/404c-index.cfm COMMENTS Read more: http://www.bnd.com/2011/01/13/1549733/epa-vetoes-water-permit-for-wva.html?… - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fwd: CATF Diesel campaign
by James Kotcon 13 Jan '11

13 Jan '11

I received a call from Jonathon Doster (below) with the Clean Air Task Force asking for our support/endorsement for a Diesel Clean-Up Campaign. After reading over these materials, it is not clear to me what would be involved other than support in principle for the Campaign. However, they are specifically targeting people in Rahall's District because Rahall will be the minority leader for the House Transportation Committee. I noticed that the Sierra club is not listed, nor are other Chapters. Does anyone know why the Club is not on board with this? Is there interest in endorsing this? Jim Kotcon >>> Jonathan Doster <jdoster(a)catf.us> 1/4/2011 5:18 PM >>> Hi Jim, Thanks SO much for taking the time out of your busy schedule to speak with me this afternoon. The insight is invaluable and the Task Force really appreciates it. A few things I wanted to follow-up with you about: 1. Attached is the organizational endorsement packet for our CATF diesel campaign. We'd LOVE to have both the Environmental Council and the Sierra Club sign on officially. We've heard from many a West Virginian that Rep. Rahall really does listen to constituents, and - as you know all too well - the more organizations we have on board, the better. Please take a look and let me know if there is a better person at the Environmental Council I should be speaking with (before the holidays, I'd emailed and called Don Garvin and haven't heard back from him yet). Hopefully we can sign you all up sooner rather than later. 2. I was also hoping you could provide contact information (email and/or phone number would be great) for: - Beth Little - Allen Traddle Again, I can't thank you enough. I'll be in touch in a week or two to figure out these two endorsement questions. -- Jonathan Doster Clean Air Task Force 27 E. Monroe, Suite 1100 Chicago, IL, 60603 312.427.2114 x 206 www.catf.us <http://www.citizenaction-il.org/>

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FW: [ACTNET-FRAC-NEWS] New Worldwatch Report on Synergies Between Renewable Energy and Natural Gas
by Grubb, Karen 12 Jan '11

12 Jan '11

From: National Hydrofracking Team [mailto:ACTNET-FRAC-NEWS@LISTS.SIERRACLUB.ORG] On Behalf Of Bruce Hamilton Sent: Wednesday, January 12, 2011 1:45 PM To: ACTNET-FRAC-NEWS(a)LISTS.SIERRACLUB.ORG Subject: [ACTNET-FRAC-NEWS] New Worldwatch Report on Synergies Between Renewable Energy and Natural Gas Not endorsing this, just passing along the fact that it is out there and worth a read. From: Saya Kitasei [mailto:Skitasei@worldwatch.org] Sent: Wednesday, January 12, 2011 7:37 AM To: Saya Kitasei Subject: New Worldwatch Report on Synergies Between Renewable Energy and Natural Gas Dear Friends and Colleagues, I am very pleased to announce that Worldwatch Report 184, Powering the Low-Carbon Economy: The Once and Future Roles of Renewable Energy and Natural Gas, was released last month. This report represents the culmination of the Natural Gas and Sustainable Energy Initiative’s work during 2010. In it, we examine important synergies between renewable energy and natural gas that will allow for reduced dependence on coal, speeding the transition to a low-carbon economy. A link to the report is available on our new Natural Gas and Sustainable Energy Initiative page: http://www.worldwatch.org/natural-gas-sustainable-energy/. Please feel free to email me if you are interested in an electronic copy. In 2011, we look forward to continuing our research on the synergies between renewable energy and natural gas, with an increased focus on international and state-level analysis. Best wishes for the new year, Saya Snow Kitasei Sustainable Energy Fellow Worldwatch Institute 1776 Massachusetts Ave NW Washington, DC 20036 phone: (202) 452-1999 x. 513 fax: (202) 296-7365 www.worldwatch.org/natural-gas-sustainable-energy/<http://www.worldwatch.org/natural-gas-sustainable-energy/> _______________________________________________ You received this message because you are subscribed to the COG mailing list: COG(a)lists.earthworksaction.org To manage your subscription, including viewing the list archive, changing your subscription to or from "daily digest", or removing yourself from the list, visit: http://coglist.earthworksaction.org<http://coglist.earthworksaction.org/> NOTE: Please do NOT address messages to this list using the BCC field. If a message to this list is addressed in the BCC field, it will be trapped, and indefinitely delayed, by the list spam filter until the administrator has time to review it.

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Fw: [ACTNET-FRAC-NEWS] Pennsylvania Governor Bans New Gas Wells on State Land - NYTimes.com
by Jim Sconyers 12 Jan '11

12 Jan '11

Now this is an eye-opener! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "Grubb, Karen" <Karen.Grubb(a)fairmontstate.edu> To: Jim Sconyers <jim_scon(a)yahoo.com> Sent: Tue, January 11, 2011 6:47:39 PM Subject: FW: [ACTNET-FRAC-NEWS] Pennsylvania Governor Bans New Gas Wells on State Land - NYTimes.com From:National Hydrofracking Team [mailto:ACTNET-FRAC-NEWS@LISTS.SIERRACLUB.ORG] On Behalf Of Jeff Schmidt Sent: Wednesday, October 27, 2010 10:12 AM To: ACTNET-FRAC-NEWS(a)LISTS.SIERRACLUB.ORG Subject: [ACTNET-FRAC-NEWS] Pennsylvania Governor Bans New Gas Wells on State Land - NYTimes.com http://green.blogs.nytimes.com/2010/10/26/pennsylvania-governor-bans-fracki… - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the ACTNET-FRAC-NEWS list, send any message to: ACTNET-FRAC-NEWS-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: Hydrofracking Team Call Wed, Jan 12th
by Paul Wilson 12 Jan '11

12 Jan '11

how many WV sierrans are on the Hydrofracking Team? Anybody else going to attend this conf. call tonight?? thx, paul ---------- Forwarded message ---------- From: Sierra Club Activist Network <community.manager(a)sierraclub.org> Date: Tue, Jan 11, 2011 at 8:57 PM Subject: Hydrofracking Team Call Wed, Jan 12th To: pjgrunt(a)gmail.com Paul, you have a group bulletin from *Hydrofracking Team<http://connect.sierraclub.org/Team/Hydrofracking_Team> *. *Visit Hydrofracking Team.<http://connect.sierraclub.org/Team/Hydrofracking_Team> * Message: Hi Fracktivists! Our news list has continued to grow over the holidays. We now have 3 Arkansans, 4 Colorodons ?, 6 ! Marylandians, 5 Michiganites, 4 North Carolinians, 4 Oklahomans, 6 Virginians, 2 each from Tennesee and NJ, as well as individuals from OH, MN, NM, and KY... and a TON of New Yorkers and Pennsylvanians. As we approach critical mass, I'd like define some goals for the next few months. 8pm ET Wednesday, Jan 12th Hydrofracking Team call Call number: 1 (866) 501-6174 Access Code: 900 367 87 337 # Agenda 1. 5 minutes - Gasland House Parties are here! -Jess and Sophie provide an update. 2. 20 minutes- Local actions for house parties and beyond. Is there text available for PA (Tom Au) and CO (Gopa Ross)? Any other areas wanting to see some activity on their issue please draft text for an action alert ASAP. For an example see the Frac Act alert: http://action.sierraclub.org/frac/. Based on the email from Alison Vicks today Arkansas, Tennessee, NY/PA/NJ/MD (DRBC), West Virginia, Idaho, and Ohio all have potential alerts. Who will try their hand at writing one? 3. 20 minutes- The Frac Act needs to be proposed this year- any updates from the sponsors? The members of the Natural Gas Caucus seem to me like an obvious place to focus our educational efforts. I'd like to hear from activists in the caucus members districts. Info follows. There was a letter from the Natural Gas Caucus *** http://naturalgascaucus.murphy.house.gov/ * to Ken Salazar, Dept of Interior asking the dept to "refrain from placing any new regulatory burdens on natural gas exploration and production today." The primary goals of the Caucus are: 1. The promotion of responsible exploration and development of natural gas; 2. Pushing legislation and a regulatory environment that encourages the production, transmission, distribution, and use of natural gas; 3. Exploring responsible ways to expand the use of natural gas - Chemical, manufacturing, transportation, and energy as it fits in a portfolio of energy resources; 4. And matching supply and demand to create a secure and stable environment for producers and users. ** *Members of the Caucus:* * * *Rep. Tim Murphy (PA)* - Co-Chair Rep. Dan Boren (OK) - Co-Chair Jason Altmire *- PA* *Spencer Bachus **- AL* *Rob Bishop - UT* *Marsha Blackburn - TN* *John Boozman - AR* *Kevin Brady - TX* *Henry Brown - SC* *Dan Burton - IN* *Dave Camp - MI* *Shelley Moore Capito - WV* Chris Carney - PA Bill Cassidy - LA *Jason Chaffetz - UT* Ben Chandler *- *KY *Howard Coble **- NC* *Mike Coffman **- CO* *Tom Cole **- OK* *Michael Conaway **- TX* Jim Costa *- *CA Mark Critz *-* PA Henry Cuellar *-* TX Lincoln Davis *-* TN Diana DeGette *- *CO Kathleen Dahlkemper *-* PA William Delahunt *- * MA Mike Doyle *- *PA *Jo Ann Emerson **- MO* *Mary Fallin **- OK* *John Fleming **- LA * *Virginia Foxx **- NC* Charles Gonzalez *-* TX *Jim Gerlach **- PA* *Bob Goodlatte **- VA* Bart Gordon *- *TN Gene Green *- * TX *Ralph Hall **- TX* *Greg Harper **- MS* *Wally Herger **- CA* Steve Kagen *- *WI *Steve King **- IA* *Doug Lamborn **- CO* John Larson *- *CT *Robert Latta **- OH* *Christopher Lee **- NY * *Frank Lucas **- OK* Ben Ray Lujan *-* NM *Cynthia Lummis **- WY* *Thaddeus McCotter **- MI* Betsy Markey *-* CO Jim Matheson *-* UT *Patrick McHenry **- NC* Charlie Melancon *-* LA Alan Mollohan *- *WV Jim Moran *- *VA Patrick Murphy *-* PA *Sue Myrick **- NC* Ed Perlmutter *- *CO *Joe Pitts **- PA* *Denny Rehberg **- MT* *Harold Rogers **- KY* *Mike Rogers **- MI* Ciro Rodriguez *-* TX *Peter Roskam **- IL* Mike Ross *-* AR Tim Ryan *- *OH John Salazar *- *CO Joe Sestak *-* PA *Aaron Schock **- IL* *John Shadegg **- AZ* Heath Shuler *-*NC *Bill Shuster **- PA* *Vic Snyder **- AR* *John Sullivan **- OK* John Tanner *- *TN Harry Teague *-* NM *Lee Terry **- NE* Bennie Thompson *-*MS *Glenn Thompson **- PA* *Todd Tiahrt** **- KS* *Fred Upton **- MI* *Joe Wilson **- SC* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To ------------------------------ *Visit Hydrofracking Team.<http://connect.sierraclub.org/Team/Hydrofracking_Team> * ------------------------------ Reply? Or other thoughts? If you have questions about the bulletin CONTENT, please visit the group's page and leave a comment<http://connect.sierraclub.org/Team/Hydrofracking_Team>, or contact the group owner. *Technical Issues?* Please reply to this message (or email community.manager(a)sierraclub.org) if you have questions or problems with the bulletin itself. If you want to stop getting email, you can either leave (unjoin) or set your email preferences<http://connect.sierraclub.org/editor/app/group/managegroupmembership.aspx?O…> . -- 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 "In all things of nature there is something of the marvelous" ~ Aristotle

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Fw: [ACTNET-FRAC-NEWS] "EPA: Chesapeake Energy illegally buried W.Va.streams" -- WVGazette, SustainedOutrageBlog (Nov. 23, 2010)
by Jim Sconyers 12 Jan '11

12 Jan '11

This is the same Chesapeake that is touted by Mike Ross and others as such a good responsible gas developer. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "Grubb, Karen" <Karen.Grubb(a)fairmontstate.edu> To: James Kotcon <jkotcon(a)wvu.edu>; Jim Sconyers <jim_scon(a)yahoo.com>; Kevin Fooce <fmoose39(a)hotmail.com>; BethLittle <blittle(a)citynet.net>; Heather Heilman <heatherheilman(a)yahoo.com>; Nicole Good <nnncole(a)yahoo.com> Sent: Tue, January 11, 2011 6:23:34 PM Subject: FW: [ACTNET-FRAC-NEWS] "EPA: Chesapeake Energy illegally buried W.Va.streams" -- WVGazette, SustainedOutrageBlog (Nov. 23, 2010) I’ve got some old emails to go through. Again, if you already get these, let me know. From:National Hydrofracking Team [mailto:ACTNET-FRAC-NEWS@LISTS.SIERRACLUB.ORG] On Behalf Of Jeff Schmidt Sent: Wednesday, November 24, 2010 11:01 AM To: ACTNET-FRAC-NEWS(a)LISTS.SIERRACLUB.ORG Subject: [ACTNET-FRAC-NEWS] "EPA: Chesapeake Energy illegally buried W.Va.streams" -- WVGazette, SustainedOutrageBlog (Nov. 23, 2010) EPA: Chesapeake illegally buried W.Va. streams November 23, 2010 by Ken Ward Jr. http://blogs.wvgazette.com/watchdog/2010/11/23/epa-chesapeake-illegally-bur… Here’s a new gas drilling story from Vicki Smith over at The Associated Press: The Environmental Protection Agency says a subsidiary of Chesapeake Energy has promised to restore four northern West Virginia streams it filled illegally while building roads and laying pipeline for Marcellus shale gas drilling projects. EPA spokeswoman Donna Heron confirmed Monday that federal inspectors cited Chesapeake Appalachia LLC after four site visits this fall in Wetzel and Marshall counties. In one case, inspectors found that Blake Fork stream and a picturesque waterfall near New Martinsville had been completely filled with gravel for a road. Ed Wade, who took before and after photographs of the 20-foot wide stream, said many people used to visit the waterfall because of its beauty. “I don’t know if there was a miscommunication about where the road should go or what,” he said, “but they just took their dozers and ripped it out.” Blake Fork and three other streams affected by Chesapeake’s drilling activities are tributaries of Fish Creek, which flows into the Ohio River. Chesapeake spokesman Matt Sheppard said the company is working with EPA on what he called “isolated issues concerning earth-moving activity.” “As this matter is currently undergoing federal regulatory review, it would be inappropriate to offer public comment at this time,” he wrote in an e-mail, adding that Chesapeake is committed to responsible natural gas development. Heron said Chesapeake has indicated it will abide by the EPA’s administrative compliance orders, which were issued in October and earlier this month. Chesapeake is among dozens of companies rushing to tap the Marcellus shale field, a vast, mile-deep natural gas reserve underlying most of West Virginia, Pennsylvania, New York and portions of Ohio. It is believed to hold trillions of cubic feet of gas, but breaking it free from the rock requires horizontal drilling and water-intensive hydraulic fracturing technologies. How to better monitor the industry is a growing concern among environmentalists and property owners, who are looking to lawmakers for help preventing problems with water pollution, erosion and road destruction, among other things. The compliance orders say some of Chesapeake’s violations in Wetzel and Marshall counties date to 2007. Chesapeake was cited for illegally filling in Laurel Run near Cameron between January 2007 and December 2009. The filling of Blake Fork began in January 2008, the administrative orders show. Violations on Lynn Camp Run and Middle Fork Lynn Camp Run, both near New Martinsville, began in January 2010, the EPA said. The Middle Fork project involved not only construction of a well pad but also the installation of buried pipeline. The EPA says all four projects were done without a legally required permit from the U.S. Army Corps of Engineers. The compliance orders require Chesapeake to remove the fill and restore the streams and wetlands “to pre-disturbance conditions.” Wade, a 40-year-old boilermaker, said it took several years to get state and federal regulators to adequately respond to his complaint about Blake Fork. “How are they going to put the waterfall back?” he wonders now. Wade is also skeptical Chesapeake will change its ways. “If someone’s watching them, they do right. It’s like a little kid: If they can get away with it, they’re going to,” he said. ” … They don’t care. It’s all about their bottom line.” Vicki’s story comes after a blog item from the Natural Resources Defense Council, following up on a report by the CBS show 60 Minutes: Last Sunday night, CBS’s 60 Minutes aired a report on natural gas production in America, including concerns about the environmental impacts. Interviewed on the program was Aubrey McClendon, the CEO of Chesapeake Energy, one of the country’s largest producers of natural gas and widely considered a leader in the field. Yet recent – and as of yet unreported – findings by the U.S. Environmental Protection Agency (EPA) reveal that Chesapeake is also a company that violated the Clean Water Act four times in one county in West Virginia. In October and November 2010, EPA initiated four Clean Water Act enforcement actions against Chesapeake Energy. Through field investigations, EPA documented illegal discharges of dredge and fill material at several Chesapeake drilling sites in Wetzel County. It appears that the company built access roads for giant trucks directly through a stream without the permits required under section 404 of the Clean Water Act. We thank EPA for investigating activities in this remote corner of Appalachia. Here’s the 60 Minutes piece: http://www.cbsnews.com/video/watch/?id=7054210n --------- EPA cites Chesapeake for illegally filling streams By wire reports Wednesday, November 24, 2010 http://www.pittsburghlive.com/x/pittsburghtrib/business/s_710746.html The Environmental Protection Agency said a subsidiary of Chesapeake Energy Corp. has promised to restore four northern West Virginia streams it filled illegally while building roads and laying pipeline for Marcellus shale gas drilling projects. EPA spokeswoman Donna Heron said federal inspectors cited Chesapeake after four site visits this fall in Wetzel and Marshall counties. In one case, inspectors found that Blake Fork stream and a picturesque waterfall near New Martinsville had been completely filled with gravel for a road. Chesapeake spokesman Matt Sheppard said the company is working with EPA on what he called "isolated issues concerning earth-moving activity." ________________________________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the ACTNET-FRAC-NEWS list, send any message to: ACTNET-FRAC-NEWS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/

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Fw: [Charleston Newspapers] Article - Drilling reforms expected to get legislative attention
by Frank Young 08 Jan '11

08 Jan '11

Industry representatives, while not ecstatic, seem resigned that there are going to be at least some regulations and permitting process changes relating to shale gas drilling.- Frank ----- Original Message ----- From: articles(a)cnpapers.com To: frankly(a)mtparty.org Sent: Saturday, January 08, 2011 6:21 PM Subject: [Charleston Newspapers] Article - Drilling reforms expected to get legislative attention fyoung(a)mountain.net sent you this article ----- January 8, 2011 Drilling reforms expected to get legislative attention By Ken Ward Jr. The Charleston Gazette Oil and gas lobbyists and environmental groups are both offering cautious reactions to a Department of Environmental Protection proposal for a wholesale rewrite of the way West Virginia regulates drilling operations across the state. Read more -----

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Re: [EC] PATH Case has been tolled
by James Kotcon 08 Jan '11

08 Jan '11

My suggestion is to re-introduce the PSDC Reform bill from last year. A number of those features, such as consideration of indirect impacts or consideration of energy efficiency alternatives, would still make a very useful contribution. If a media campaign were timed with the introduction of such a bill, it could generate some significant publicity. It is not clear how that would apply in this case, as the PATH tolling puts the deadline for introduction of their "final" textimony well after the end of the session, but I think that the Legislatuure is one arena where we can put some pressure on PATH. We should talk about this in the near future. JBK >>> "Frank Young" 01/07/11 9:00 PM >>> What kind of a "lobbying effort" do you mean, Jim? WV Highlands Conservancy still has about $ 3,000 of funds that were provided specifically for StopPATH related advertising. There has been a lot of StopPATH advertising in the eastern panhandle, but virtually none outside that region, as far as I know. The eastern panhandle media outlets reach west over to about Tucker County. Cindy Rank and I have control of these available funds. We would like for these funds for StopPATH advertising used in the Buckhannon-Weston and/or Charleston area media markets. We already have the print media and radio & TV media spots produced. Those were produced last year with grants from NTHP (National Trust for Historic Preservation) and Sierra Club. And so the "credits" roll at the end of the videos and on the print media ads give credit to, among others, Sierra Club for producing / airing these ads. The funds we have can be used entirely for air time and/or print media space. But we need someone who knows something about media advertising to coordinate having these ads aired and/or printed in the media markets I indicate above. Having someone knowledgeable about media advertising could help us get the most air time / print space for the $$$$ available. Frank Young ----- Original Message ----- From: "James Kotcon" <jkotcon(a)wvu.edu> To: <EC(a)osenergy.org> Sent: Friday, January 07, 2011 6:23 PM Subject: [EC] Fwd: [WVaPATH] Case has been tolled > The link below takes you to the 12-page order, but suffice it to say that the PSC has extended the Schedule for the PATH case again. > > PATH will have until March 31 to file additional data on its case, including revised electricity demands and reliability forecasts based on upgrades to other lines. They must also file a complete set of data, including all previous testimony, revisions, substitutions, additions and deletions, to assist intervenors in unraveling this increasingly complex case. > > Intervenors (that's us) must file motions for "discovery" on the supplemental PATH testimony by July 22, and must file our new "Direct" testimony by Aug. 11. After several rounds or responses, rebuttals and more discovery, the evidentiary hearings are scheduled from Oct. 11-26. > > The PSC's final decision on the applications is due by Feb. 9, 2012. > > > We should be thinking about any additional testimony we might need by Aug. 11, as well as how to continue the lobbying effort on this campaign. > > JBK > > >>>> Eric Burleyson <eric(a)riversdell.com> 1/7/2011 5:39 PM >>> > > Did not get my PSC email yet, but a new order is up on the PSC site: > http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI… > > > > _______________________________________________ > EC mailing list > EC(a)osenergy.org > http://osenergy.org/mailman/listinfo/ec

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PSC's New Procedural Schedule in PATH Case
by Frank Young 08 Jan '11

08 Jan '11

WordPress.com PSC's New Procedural Schedule in PATH Case Bill | January 8, 2011 at 3:10 pm | Tags: Citizen Action, WV PSC | Categories: Uncategorized | URL: http://wp.me/piwFb-1ao According to the January 7, 2011 revision, the PSC set the following new deadlines for the PATH case procedural schedule: a.. Applicants file supplemental testimony on issue of electrical need and any other issues requiring supplementation. Noon, Thursday, March 31, 2011 b.. Deadline for propounding discovery on supplemental testimony due March 31, 2011. Noon, Friday, July 22, 2011 c.. Staffs and Intervenors' prepared direct testimony and rebuttal to the direct testimony of Applicants. Noon, Thursday, August 11, 2011 d.. Deadline for propounding discovery in response to testimony due August 11, 2011. Noon, Wednesday, August 24, 2011 e.. Applicants' rebuttal testimony to the direct testimony for Staff and Intervenors, and Staff and Intervenor rebuttal testimony to the direct testimony of one another. Noon, Friday, September 9, 2011 f.. Deadline for propounding discovery in response to the rebuttal testimony due September 9, 2011. Noon, Wednesday, September 21, 2011 g.. Written opening statements. Noon, Wednesday, October 5, 2011 h.. Evidentiary hearing begins. Noon, Tuesday, October 11, 2011 i.. Evidentiary hearing ends. Noon, Wednesday, October 26, 2011 j.. Initial briefs and proposed orders. Noon, Tuesday, November 22, 2011 k.. Reply briefs. Noon, Thursday, December 8, 2011 l.. Deadline for Commission decision. Thursday, February 9, 2012 Intervenors can get other important information about participating effectively in the case here. WordPress.com | Thanks for flying with WordPress! Manage Subscriptions | Unsubscribe | Publish text, photos, music, and videos by email using our Post by Email feature. Trouble clicking? Copy and paste this URL into your browser: http://subscribe.wordpress.com

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Fwd: [WVaPATH] Case has been tolled
by James Kotcon 08 Jan '11

08 Jan '11

The link below takes you to the 12-page order, but suffice it to say that the PSC has extended the Schedule for the PATH case again. PATH will have until March 31 to file additional data on its case, including revised electricity demands and reliability forecasts based on upgrades to other lines. They must also file a complete set of data, including all previous testimony, revisions, substitutions, additions and deletions, to assist intervenors in unraveling this increasingly complex case. Intervenors (that's us) must file motions for "discovery" on the supplemental PATH testimony by July 22, and must file our new "Direct" testimony by Aug. 11. After several rounds or responses, rebuttals and more discovery, the evidentiary hearings are scheduled from Oct. 11-26. The PSC's final decision on the applications is due by Feb. 9, 2012. We should be thinking about any additional testimony we might need by Aug. 11, as well as how to continue the lobbying effort on this campaign. JBK >>> Eric Burleyson <eric(a)riversdell.com> 1/7/2011 5:39 PM >>> Did not get my PSC email yet, but a new order is up on the PSC site: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…

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Fwd: Sustainability in West Virginia: Spurring Economic Investment and Creating Jobs
by Paul Wilson 08 Jan '11

08 Jan '11

Anybody else get this stuff? paul ---------- Forwarded message ---------- From: Sen. Jay Rockefeller (Rockefeller) < Sen.Jay_Rockefeller(a)rockefeller.senate.gov> Date: Wed, Jan 5, 2011 at 4:39 PM Subject: Sustainability in West Virginia: Spurring Economic Investment and Creating Jobs To: Dear Friend, Last fall, I was excited to deliver remarks at the West Virginia Sustainability Summit, which was sponsored by the Discover the Real West Virginia Foundation in partnership with the Center for Economic Options. This was an incredible opportunity to highlight examples of how some of our West Virginia businesses are already employing sustainable practices and how we can use similar methods in the future. During these tough economic times, we all realize the importance of innovation and creative thinking about the expansion of our core industries. Forums like this one help us multiply our power to spur economic investment and create jobs. Sustainability is being employed across industries – from construction and agriculture, to innovations in manufacturing and exporting. These industries have learned through experience that employing sustainable practices can increase businesses’ bottom lines and create jobs as part and parcel of improving the environment for future generations. The Summit was an important discussion about how to use sustainable practices to preserve our existing industries and jobs, protect our environment and most importantly, grow our state’s economy and create new jobs. This is an area that I will continue to focus on and I look forward to working with you through the coming year. Please find below my remarks from the West Virginia Sustainability Summit. All the best, Jay *West Virginia Sustainability Summit* *Remarks* * * Thank you, President Clements, for that kind introduction. Thank you Mark for the work that you do to improve West Virginia’s economic future; and thank you to all of our guests and panelists for being a part of this important Summit – especially the man you will hear from next, Neil Hawkins. Neil – I am very happy that you are here and look forward to your remarks. I also want to thank the event sponsors, the Discover the Real West Virginia Foundation and the Center for Economic Options for hosting this event. And, thanks to Pam Curry for all of your help organizing – sometimes that is a thankless job – so thank you. We’re here to re-ignite a dialogue on sustainability and what it means to our state businesses, our residents, and our future. * * So, what does sustainability really mean? I think the best way to explain it is to give some examples of how some of our West Virginia businesses are already employing sustainable practices. We see sustainability in local restaurants’ commitment to buy from WV farmers and purchase from other state vendors. We see sustainability at Toyota’s Buffalo, W.Va. facility in their environmental management system (EMS). EMS remains a zero landfill contributor — reusing or recycling materials that otherwise would have been sent to landfills. Toyota is finding ways to reduce waste, water usage, greenhouse gas emissions, hazardous materials usage and wastewater discharge – and that is great. And, we see sustainability with energy companies like Dow and AEP who are working to sustain West Virginia’s and our nation’s energy future by working to lower our carbon footprint and find ways to expand sustainable energy technology. At Dow West Virginia Operation’s South Charleston facility, the company has been working to reduce energy, water use, waste generation, and has increased the facility’s land and habitat conservation. Sustainability is a word that is that is often used in various ways by many different groups and organizations. But at its broad base sustainability is about doing things and using products that are more environmentally friendly than they are currently done. * * I firmly believe that if we play our cards right, our state, which has been an energy producing state for generations, is poised to provide the single most important energy – and sustainability – innovation for the twenty-first century -- which is truly *clean* coal technology. New technologies already in place have allowed us to nearly triple coal’s use over the past 30 years, while vastly reducing air emissions for pollutants like sulfur dioxide, nitrogen oxides, and mercury. The question is not: should we try to address climate change? The question must be: what tools can we develop to improve our economy, secure coal’s future, and reduce emissions for our environment and the health of our families? The best answer, I think, lies broadly in “CCS” –carbon capture and storage. I fought very hard to have $3.4 billion included in the Recovery Act for CCS, and Senator Voinovich of Ohio and I have worked together over the past year to write bipartisan legislation which lays out a bold roadmap for CCS. Some have argued that transitioning to a sustainable economy means shifting away from West Virginia’s historic industries and towards new ‘green jobs’ that may or may not be there. This is not the case. CCS shows that we can make important strides in sustainability that encourage and build upon the important industries that we already have. I believe that CCS is just one piece – but a very important piece of West Virginia’s future in sustainable industry. * * But we’re not just talking about energy. Sustainability is being employed by all of our panelists here in every industry – from construction to agriculture, and from innovation to manufacturing and exporting. We have learned through example that employing sustainable practices can increase our businesses’ bottom lines and in turn can simultaneously create jobs and improve the environment for future generations. During these tough economic times, we all realize the importance of innovation and creative thinking about the expansion of our core industries. Ideas are the best things we have – and conversations like these only help us multiply our power to spur economic investment and expand business. We are here to explore ways to build upon the industries we have today and be a creator of industries of the future. * * Now, we all recognize that sustainability requires a partnership – at the local level – and a partnership between government and private industry. I was proud that much of last year’s Recovery Act went toward emerging sustainability projects and training our workforce in sustainability fields. The Recovery Act gave: - *$13.1 million* to support energy efficiency and renewable energy projects in West Virginia under the DOE’s State Energy Program. That money is going toward a statewide plan that prioritizes energy savings, creates jobs, increases the use of renewable energy, and reduces greenhouse gas emissions. - *$14 million* for the Energy Efficiency and Conservation Block Grant program – providing formula grants for projects that reduce total energy use and fossil fuel emissions, and improve energy efficiency across West Virginia. - *$15 million* to our state’s weatherization program which helps reduce the utility bills for our most vulnerable residents while providing needed jobs to West Virginians. - *$6 million* for West Virginia GREEN-UP which educates and trains workers for jobs in the new and emerging green energy sector and promotes green jobs entrepreneurship. And that’s just the beginning. * * The Recovery Act also gave much-needed resources to our research institutions – including West Virginia University and the National Energy Technology Lab (NETL) here in North Central West Virginia. Morgantown’s National Energy Technology Lab and NETL’s Regional University Alliance recently received $40 million to accelerate the development and deployment of industrial (CCS) technology. In addition, they’re working on some truly amazing and groundbreaking research, including a hydrogen fueling station at Yeager airport which is producing Hydrogen from water with coal-fired electricity. This is an example where we are indirectly using West Virginia coal to displace foreign oil in our transportation sector. This will not only reduce tailpipe emissions but also improve our national security. ** * * You’ve heard about some of the larger projects on sustainability, but I know that sustainability also happens every day on smaller scales – in small towns across West Virginia. All ideas about sustainability are important and all efforts to make it work are paving the way for a stronger future. There is great opportunity for sustainability and the development of sustainability practices here in West Virginia – and I know that with minds like yours, and conversations like these, we can help West Virginia lead this developing industry. We need to have a conversation in this state about how to use sustainable practices to: · Preserve our existing industries and jobs; · Protect our environment and; · Most importantly grow our state’s economy and create new jobs. I have no doubt that West Virginians and our businesses can lead the way – and I think today is the start. Thank you. -- 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 "In all things of nature there is something of the marvelous" ~ Aristotle

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Fw: AMD Reclamation, Inc. discharges to Dunkard Creek
by James Kotcon 07 Jan '11

07 Jan '11

AMD Reclamation, inc., is Longview's affiliate that was treating water. Originally, they were supposed to treat the water clean enough for Longview to use as cooling water, but instead, they have an expired permit that allows water to discharge with pollutants above water quality standards. While ConSol's discharge appears to be a primary source of the discharges near the headwaters of Dunkard Creek that led to the Golden algae bloom and fish kill in Sept. 2009, the discharges from AMD Reclamation's plant (about five miles above the mouth of Dunkard Creek) appears to be the primary source of pollution that had already killed the lower five miles of Dunkard Creek. Now they are at it again. >>>>> Mine work proceeds though DEP permit status is in question 1/7/2011 3:32 AM By Bob Niedbala, Staff writer niedbala(a)observer-reporter.com AMD Reclamation Inc. is now drilling two boreholes into the Humphrey Mine at Calvin Run in Perry Township to allow it to pump water from the depths of the closed mine to its Shannopin Mine Steele Shaft treatment plant. However, questions about the permitting status of the project, which is being done by AMD to allow mining to continue in the area, are being raised by environmental groups as well as by the federal Office of Surface Mining. The questions were raised in light of a decision made by the state Department of Environmental Protection 10 months ago to revoke a revision to AMD's post-mining permit for the same project. DEP in February agreed to revoke the permit revision after two environmental groups filed an appeal claiming the project would increase pollution in Dunkard Creek and citing DEP's failure to provide public notice of the permit revision application. DEP also agreed at that time to pay $20,000 in legal fees to Citizens for Pennsylvania's Future (PennFuture), which appealed the revision along with Friends of Dunkard Creek. Though no application has been filed with DEP for another revision to AMD's post-mining permit for the Calvin Run project, construction of the line and drilling of the boreholes are now under way. "It's a slap in the face," said Kurt Weist, PennFuture senior attorney. "Somebody's gaming the system." The groups originally challenged the revision partly because the public should be able to review and comment on what DEP is doing, said Jim O'Connell, treasurer of Friends of Dunkard Creek. "It is very disappointing that after they have been ordered to cease operations (with the revocation of the permit revision), suddenly the work starts again," he said. Members of Friends of Dunkard Creek and PennFuture contacted state and federal regulatory agencies after noticing work being done at the Calvin Run site Dec. 23. After receiving the "citizen's complaint," the Office of Surface Mining issued a 10-day notice to DEP Dec. 29 requesting detailed information on the permitting status of the project, Chris Holmes, OSM spokesman, said. DEP will have until Jan. 13 to respond to the notice, he said. OSM has not ordered the work to be halted. "We will respond appropriately when we receive the information from Pa. DEP," Holmes said. DEP issued a statement saying only that it is preparing a response to the notice. "There are legal issues involved in this that make it inappropriate for us to comment further," said Katy Gresh, DEP spokeswoman. AMD also is now working with DEP to prepare the response, said Charles Huguenard, AMD vice president. He maintained, however, that the company had followed the guidance of DEP in permitting the project. "We feel we have done everything we were advised to do," Huguenard said. "DEP told us, 'Here is what you need to do' ... we just followed their guidance." Huguenard said the company received a National Pollution Discharge Elimination System Permit for the Calvin Run project from the Greene County Conservation District. Lisa Snider, manager of the conservation district, said the district, however, issued a standard NPDES permit for "surface construction activities only." The conservation district does not issue permits related to mining or water withdrawal associated with mining activities, she said. Those permits are issued by DEP. The Steele Shaft plant was constructed by AMD in 2003 with the help of state funding to treat polluted water from the abandoned Shannopin Mine. Acidic water in the mine had reached a level at which it could breach the surface and pollute Dunkard Creek. The project also allowed Dana Mining Co., a company affiliated with AMD, to mine Sewickley seam coal above the deeper Pittsburgh seam previously mined by Shannopin. As Dana's mining activities continued to move west, the company also needed to lower the pool of the adjacent Humphrey Mine. In 2005, DEP granted an informal permit revision to AMD allowing it to pump water from the Humphrey mine pool to Shannopin and to treat it at Steele Shaft. AMD also was granted a permit revision in November 2009 to drill two boreholes at Calvin Run and construct a pipeline to pump additional water from Humphrey to Steele Shaft, a revision DEP revoked in February after the appeal was filed. PennFuture and Friends of Dunkard Creek opposed the permit revision, saying the project would only allow AMD to discharge additional polluted water high in total dissolved solids into Dunkard Creek. The Steele Shaft plant cannot treat total dissolved solids and was originally issued a permit to discharge mine water under less restrictive standards because of the threatening breakout at Shannopin. No threat of a breakout exists at Humphrey, Weist said. Consol is currently treating water from Humphrey at a treatment plant in West Virginia and maintains the Humphrey pool level as required by its permits. The Calvin Run project was undertaken "purely to allow the extraction of coal from the Sewickley seam" in the area of the Humphrey Mine, Weist said. Weist also pointed out the renewal of the Steele Shaft plant's discharge permit is now more than two years overdue. DEP's own water quality experts have recommended that more stringent water quality limits be included in the permit renewal, he said. Copyright Observer Publishing Co. OSM asks state to provide information on permitting for AMD Reclamation Inc. project 1/6/2011 5:04 PM The U.S. Office of Surface Mining has issued a 10-day notice to the state Department of Environmental Protection asking it to provide information on the permitting of a project by AMD Reclamation Inc. to drill two bore holes into the closed Humphrey Mine at Calvin Run in Perry Township. AMD wants to drill the bore holes and construct a water line to pump mine water from the Humphrey Mine to its Shannopin Mine Steele Shaft treatment plant. The project would allow Dana Mining Co., a company affiliated with AMD, to mine coal in the area of the Humphrey Mine. DEP revoked a permit revision to AMD’s post mining activity permit for the same project in February after two environmental groups filed an appeal with the state Environmental Hearing Board. However, work on the Calvin Run project was started recently, apparently without the granting by DEP of another revision to the post mining permit. DEP said Thursday that it is preparing a response to OSM and would not comment further because the matter may involve legal issues. Copyright Observer Publishing Co.

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Judy Bonds memorial
by Jim Sconyers 07 Jan '11

07 Jan '11

There is a memorial event for Judy Bonds Jan. 15. Probably in Charleston. I'll send more details as they become available. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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[wvec-board] Fwd: [fom] Judy Bonds
by James Kotcon 04 Jan '11

04 Jan '11

>>> <dsgjr(a)aol.com> 1/4/2011 1:33 AM >>> This came this evening. For many of us Judy was the "face" of coal field activism. Her death is a loss to us all. Don Garvin ____________________________________ From: vernoncrmw(a)gmail.com To: fom(a)lists.riseup.net, mountainjusticesummer(a)lists.riseup.net, the-alliance-for-appalachia(a)googlegroups.com, Justice(a)lists.citizenscoalcouncil.org Sent: 1/3/2011 9:58:45 P.M. Eastern Standard Time Subj: [fom] Judy Bonds It is with great sorry that we mourn the passing today of Julia “Judy” Bonds, Executive Director of Coal River Mountain Watch. Judy was more than a co-worker, friend, and mentor: she became family. She inspired thousands in the movement to end mountaintop removal and was a driving force in making it what it has become. I can’t count the number of times someone told me they got involved because they heard Judy speak, either at their university, at a rally, or in a documentary. Years ago she envisioned a “thousand hillbilly march” in Washington, DC. In 2010, that dream became a reality as thousands marched on the White House for Appalachia Rising. Judy endured much personal suffering for her leadership. While people of lesser courage would candy-coat their words or simply shut up and sit down, Judy called it as she saw it. She endured physical assault, verbal abuse, and death threats because she stood up for justice for her community. I never met a more courageous person, one who faced her own death and spoke about it with the same voice as if it were a scheduled trip. Ultimately, Judy did all any one person could conceivably do to stop mountaintop removal. One of Judy’s last acts was to go on a speaking trip, even though she was not feeling well, shortly before her diagnosis. I believe, as others do, that Judy’s years in Marfork holler, where she remained in her ancestral home as long as she could, subjected her to Massey Energy’s airborne toxic dust and led to the cancer that wasted no time in taking its toll. Judy will be missed by all in this movement, as an icon, a leader, an inspiration, and a friend. No words can ever express what she has meant, and what she will always mean. We will tell stories about her, around fires, in meeting rooms, and any place where people are gathered in the name of justice and love for our fellow human beings. When we prevail, as we must, we will remember Judy as one of the great heroes of our movement. We will always remember her for her passion, conviction, tenacity, and courage, as well as her love of family and friends and her compassion for her fellow human beings. While we grieve, let’s remember what she said, “Fight harder.” -- Vernon Haltom Co-Director, Coal River Mountain Watch 304-854-2182 _www.crmw.net_ (http://www.crmw.net/)

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Emailing: Coal's burnout Have investors moved on to cleaner energy sources
by Frank Young 04 Jan '11

04 Jan '11

Coal's burnout: Have investors moved on to cleaner energy sources?http://www.washingtonpost.com/wp-dyn/content/article/2011/01/01/AR2… NEWS | LOCAL | POLITICS | SPORTS | OPINIONS | BUSINESS | ARTS & LIVING | GOING OUT GUIDE | JOBS | CARS | REAL ESTATE |SHOPPING Coal's burnout: Have investors moved on to cleaner energy sources? By Steven Mufson Washington Post Staff Writer Saturday, January 1, 2011; 5:42 PM The headline news for the coal industry in 2010 was what didn't happen: Construction did not begin on a single new coal-fired power plant in the United States for the second straight year. This in a nation where a fleet of coal-fired plants generates nearly half the electricity used. But a combination of low natural gas prices, shale gas discoveries, the economic slowdown and litigation by environmental groups has stopped - at least for now - groundbreaking on new ones. "Coal is a dead man walkin'," says Kevin Parker, global head of asset management and a member of the executive committee at Deutsche Bank. "Banks won't finance them. Insurance companies won't insure them. The EPA is coming after them. . . . And the economics to make it clean don't work." >From 2000 to 2008, construction started on 20 units in 19 plants, according to Edison Electric Institute. Last year, utilities and power-generating companies dropped plans to build 38 coal plants while announcing that they would retire 48 aging, inefficient ones, according to the environmental group Sierra Club. Although 2010 saw the collapse of climate legislation in the Senate, the Sierra Club is trumpeting such statistics as a sign that "coal is a fuel of the past." The battle over coal plants could sharpen in 2011, as the Environmental Protection Agency deploys regulations to improve the efficiency - and lower the greenhouse gas emissions - of big power plants. Starting Sunday, the EPA will require builders of plants big enough to emit 75,000 tons of carbon dioxide a year to use the "best available control technology" in order to obtain air permits, needed before construction. Utilities, oil refiners and other industries argue that this will add prohibitive costs, and many Republican lawmakers have vowed to handcuff the EPA, which is also planning to issue broader guidelines later in the year. In the wake of the midterm elections, President Obama identified promotion of natural gas use as an area of potential bipartisan action. He hopes to prod utilities and manufacturers into switching from coal to natural gas, which emits half the amount of greenhouse gases. The choice looms large given that the average age of the U.S. coal fleet is 43 years, with more than half the plants built before 1967. Word of coal's death might be premature, says Luke Popovich, spokesman for the National Mining Association. He said that several coal-fired plants begun earlier are still under construction. Duke Energy, for example, is expecting to finish its Cliffside and Edwardsport coal plants in 2012. Other companies have scrambled to get permits before the EPA regulations take effect, and projects in Texas, Kansas and Illinois have succeeded. A project in Mississippi is poised to break ground, though the Sierra Club is still fighting in court to revoke the plant's permits. Moreover, Popovich adds, the federal Energy Information Administration expects that the nation will need to build 30 to 40 new plants to supply the 21 gigawatts of new electricity demand expected by 2035. "Coal will remain the dominant source for electricity generation for the foreseeable future," he says. "So the big problem with the 'death of coal' message is that it is not, as we say, reality-based." It's the economy Even if coal is not dead, developments of the past two years have dimmed its future. The fate of the long-planned Smith Unit No. 1 coal plant in Kentucky is one example. The East Kentucky Power Cooperative announced plans five years ago to build the 278-megawatt plant, and it obtained permits from the Kentucky Public Service Commission. But environmental groups, joined by critics of federally subsidized loans to rural electric cooperatives, fought the project. Then the recession hit and tipped the scales. A couple of months ago, the cooperative slashed 9 percent from its forecast of electricity demand among the half-million customers it serves. As a result, East Kentucky Power canceled the Smith coal plant construction on Nov. 18, even though it has spent about $150 million stockpiling steel and parts. "And that's almost entirely due to the economy," says Nick Comer, the cooperative's manager of external affairs. Finishing the plant would have cost an estimated $819 million more. "Back in 2006-07, the economy was roaring. In our service territory we were seeing growth at about twice the national rate," Comer says. "There were a lot of new houses, new businesses; even manufacturing was expanding." But, Comer adds, "a lot of that has changed today. Housing starts are down. Manufacturers have cut back. So we expect demand for electricity is going to be down from what we had projected for a while." The story is the same across the nation. Coal consumption in the electric power sector during the first nine months of 2010 was up from 2009, but still down 5.7 percent from 2008's near-record levels, according to EIA figures. East Kentucky Power also signed a settlement with environmental groups under which it will install additional pollution control devices and further explore renewable energy options. Cheap natural gas American Electric Power, the nation's largest generator of electricity, is also taking a cautious approach. The only plant AEP has under construction is the highest efficiency model, known as "ultra supercritical." Under the new EPA guidelines, these high-efficiency plants could become the standard, reducing coal use. "We have no other coal-fueled generation planned at this time," says Pat D. Hemlepp, a spokesman for AEP. "The decline in demand has delayed the need for additional new generation." If AEP does need new generation capacity, it will turn to natural gas. In 2010, the wellhead price of natural gas has averaged $4.25 a thousand cubic feet, about 40 percent below the average price from 2005 to 2009 and well under half the peak price. Discoveries of new ways to tap natural gas trapped in shale rock have unlocked supplies that could keep prices in check for years to come. "When we do need new capacity, it is highly likely that we will look to natural gas plants instead of coal, especially if natural gas prices remain as low as projected," Hemlepp says. "The plants are less expensive to build, and current forward price projections favor gas over coal." It's a decision being made by utilities across the country. A recent Deutsche Bank report says that if gas prices remain between $4 and $6 a thousand cubic feet, "we believe that a coal to gas switch makes sense." States have their plans Even though Congress failed to enact climate legislation, more than half the states have adopted measures requiring utilities to use more renewable energy. To meet those targets, most investment will probably go into solar, wind, nuclear and energy efficiency projects. Environmental groups are gearing up to challenge coal plants state by state. The Sierra Club is expanding its ranks this year so that 100 full-time staffers will be working on the issue, and the Environmental Defense Fund is hiring additional lawyers to wage battle against coal. Given the age of the coal fleet, many of the oldest plants also run afoul of clean air guidelines on traditional pollutants. As a result, the Colorado Public Utilities Commission recently adopted a $1.4 billion plan that will end coal-fired electricity generation in the Denver area. It calls for Xcel Energy to close four coal-fired units in the region, switch another to natural gas and build a new gas-fired plant to help meet federal clean-air standards. The units are all more than 40 years old. The plan was required under the Colorado Clean Air-Clean Jobs Act, signed by Gov. Bill Ritter (D) in April. "Coloradans across the state made it clear that they did not want coal in their stockings this year," said Pam Kiely of Environment Colorado. "The PUC delivered an early Christmas present by deciding to stop burning dirty coal in the metro area." Action without legislation The Obama administration might also target coal-fired power plants as a way to meet its goals for reducing greenhouse gas emissions, even if legislation remains beyond its grasp. Administration officials have spoken of negotiating guidelines with big utilities, similar to automobile fuel efficiency standards, but utility executives say such talks are not yet taking place. Deutsche Bank's Parker thinks that a path to lower coal use not only makes financial sense but climate sense as well. "Switching coal to natural gas and renewable energy with a modest buildup of nuclear energy is achievable and could lead to a 29 percent reduction in CO2 emissions from the U.S. power sector by 2020 and a 44 percent reduction by 2030 compared to a 2005 baseline," the bank wrote in its November report on a low-carbon energy plan for the United States. At international climate talks, negotiators often use the year 2005 as a baseline. At the Copenhagen climate talks a year ago, the Obama administration pledged a 17 percent reduction in overall U.S. emissions by 2020. In 2002, there were plans to install 36,000 megawatts of new coal-fired power by 2007. Only one-eighth of that was completed. Deutsche Bank predicts coal's share of electric power generation will tumble further, from 47 percent in 2009 to 34 percent in 2020 and 22 percent in 2030. It put it this way in its report: "Based on today's energy fundamentals, the rational economic decision is to shutter inefficient coal plants and replace them with natural gas combined-cycle power plants." http://www.washingtonpost.com/wp-dyn/content/article/2011/01/01/AR201101010…

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Fwd: Climate Ground Zero Direct Action in West Virginia
by James Kotcon 03 Jan '11

03 Jan '11

I am not sure what is going on here. I guess this message speaks for itself. JBK >>> Miranda Miller <miranda.rae.miller(a)gmail.com> 1/2/2011 12:49 PM >>> ---------- Forwarded message ---------- From: Laura Steepleton <lnsteep(a)gmail.com> Date: Fri, Dec 31, 2010 at 4:12 PM Subject: Climate Ground Zero Direct Action in West Virginia To: Virginiagraf(a)aol.com, rmeads(a)shepherd.edu, ssoltow(a)gmail.com, rglenn51989(a)gmail.com, ktreve01(a)shepherd.edu, lynwidmyer(a)gmail.com, tkthorson(a)comcast.net, pwaitster(a)gmail.com, smorrick(a)aol.com, rh1936(a)frontier.com, jan.hafer(a)gallaudet.edu, Brent(a)potomacriverkeeper.org, Rkphillipsjr(a)yahoo.com, bethraps(a)earthlink.net, wind.dance(a)earthlink.net, glnelson(a)hughes.net, dccates(a)gmail.com, info(a)sleepycreekwatershedassociation.org, goldfairy39(a)gmail.com, mike(a)mtvsolar.com, robinmills4(a)yahoo.com, russell(a)morgancountyusa.org, Ronald Wilson <ronwwilson1(a)yahoo.com>, irongate12(a)aol.com, bluheron7(a)netscape.com, blueheron7(a)netscape.com, rainbowjams(a)yahoo.com, angelbemer(a)yahoo.com, carolwv08 <Carolwv08(a)suddenlink.net>, cmathews(a)shepherd.edu, Carly Queen <queenc(a)nwf.org>, Brittany Harthan < britharthan(a)yahoo.com>, Brannon Jones <jones.brannon(a)gmail.com>, briant(a)pshift.com, Buckey Boone <buckey(a)svlas.org>, Collin Jones < jollincones(a)gmail.com>, Jane Laura Doyle <janelauradoyle(a)gmail.com>, elisayoung(a)meigscan.org, firefly19 <firefly19(a)bellsouth.net>, Kara French < sprinklesomesunshine(a)yahoo.com>, "Rachel F." <earthactionteam(a)gmail.com>, benard fiorillo <bfiorillo(a)gmail.com>, forestmongrel(a)gmail.com, LJ VANISH < moviemaniac7303(a)hotmail.com>, Miranda Miller <miranda.rae.miller(a)gmail.com>, "Nathan W. Joseph" <njoseph(a)uvm.edu>, Nativa Kesecker < lovinthedrumin(a)yahoo.com>, nickelpickle(a)hotmail.com, northernrockiesrisingtide(a)gmail.com, gladysann <tinymite01(a)bellsouth.net>, steve <steves1952(a)gmail.com>, sarahlu1983(a)yahoo.com, Sarah.McManus(a)ncf.edu, bo webb <webb.bo(a)gmail.com>, Angela Wiley <wileya120(a)gmail.com>, Trevor Swan <trevorswan3(a)gmail.com> It is with great sadness and regret that we must inform you that the vast majority of the activists with Climate Ground Zero have decided to separate from the CGZ name and Mike Roselle. At this point, the only people still affiliated with CGZ at its base camp in Rock Creek are Mike Roselle, Robert “Dr. Bob” Slusarenko, and Tom Smyth. Many of you are aware that the environment on the Ford Addition, CGZ’s base of operations, has become an unhealthy space that is difficult, if not impossible, to operate a successful campaign in. We have spent year attempting to create a healthier and more supportive working environment by confronting a variety of destructive behaviors, including alcoholism, violence and other abusive actions. Unfortunately, Mike Roselle has attempted to block this process and make unilateral decisions about our communal living and working space. Mike responded to our attempt to eject an abusive person from our community by cutting off all future funding for the action campaign. We cannot run a successful campaign of autonomous direct action against MTR under these conditions. Due to the fact that Climate Ground Zero is set up fiscally as a for-profit consulting business of Mike’s, with sole control of the finances resting in his hands, we must make a break with the CGZ name and identity completely in order to rebuild a healthy and successful campaign. We remain steadfastly committed to using sustained and direct, nonviolent interventions and general civil resistance tactics as one piece of a large tactical puzzle to defend the land and people. We see this separation as necessary to continue our work to abolish strip mining. We also remain committed to battling Massey Energy in civil court as we defend ourselves against their specious Strategic Lawsuits Against Public Participation. We’re actively looking for a place in the Coal River Valley to which we can relocate the action campaign and for funders to support continued direct action in southern West Virginia. We are currently in the process of setting up alternative financial infrastructure. For the moment, anyone interested in lending support to the action campaign is encouraged to contact us at: wvdirectaction(a)gmail.com. When we have new infrastructure set up, we will send an announcement with all the pertinent information. More than ever, we need our friends and allies to support us as we continue to improve and strengthen the campaign of active resistance in the West Virginia coalfields. Too much time and energy has been lost to dealing with the internal problems at Climate Ground Zero. We greatly look forward to rebuilding a campaign that provides the healthy and supportive environment necessary to most effectively contribute to a vibrant and diverse movement against strip mining in Appalachia. Thank you all for your support over the last two years. We are all proud of what we have done and the work we will continue to do. For the mountains, Mathew Louis-Rosenberg, Annie Jane Cotten, Kim Ellis, David Baghdadi, Charles Suggs, Laura Steepleton, Bridgette O’Brien, Grumble, Glen Collins, Maureen Farrell, Laura von Dohlen, Dea Goblirsch, Dave German, Ivan, Andrew Munn -- You received this message because you are subscribed to the Google Groups "SSCWVU" group. To post to this group, send email to sscwvu(a)googlegroups.com. To unsubscribe from this group, send email to sscwvu+unsubscribe(a)googlegroups.com. For more options, visit this group at http://groups.google.com/group/sscwvu?hl=en.

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Fwd: NEWS ADVISORY: U.S. Renewables Now Neck-in-Neck with Nuclear Power
by James Kotcon 27 Dec '10

27 Dec '10

Really interesting data on US energy consumption. Looks like biomass is one of the big sectors, but I suspect that the majority of that is ethanol and biodiesel. The key line is: “Members of the incoming Congress are proposing to slash cost-effective funding for rapidly expanding renewable energy technologies while foolishly plowing ever-more federal dollars into the nuclear power black hole,” said Ken Bossong, Executive Director of the SUN DAY Campaign. “The numbers clearly show this would be betting on the obvious loser while ignoring the clearly emerging winner in the energy race.” JBK >>> Ken Bossong <sun-day-campaign(a)hotmail.com> 12/27/2010 7:08 AM >>> SUN DAY CAMPAIGN 6930 Carroll Avenue, Suite #340; Takoma Park, MD 20912 301-270-6477 x.11 sun-day-campaign(a)hotmail.com News Advisory RENEWABLE ENERGY NECK-IN-NECK WITH NUCLEAR POWER EACH NOW PROVIDE 11% OF DOMESTIC ENERGY PRODUCTION BUT NON-HYDRO RENEWABLES GROW 11.5% WHILE NUCLEAR OUTPUT DROPS For Immediate Release: December 27, 2010 Contact: Ken Bossong, 301-270-6477 x.11 Washington DC -- According to the most recent issue of the "Monthly Energy Review" by the U.S. Energy Information Administration (EIA), "nuclear electric power accounted for 11% of primary energy production and renewable energy accounted for 11% of primary energy production" during the first nine months of 2010 (the most recent period for which data have been released). More specifically, renewable energy sources (i.e., biomass/biofuels, geothermal, solar, water, and wind) accounted for 10.9% of domestic energy production and increased by 5.7% compared to the same period in 2009. Meanwhile, nuclear power accounted for 11.4% of domestic energy production but provided 0.5% less energy than a year earlier. Among the renewable energy sources, biomass and biofuels accounted for 51.95%, hydropower for 31.50%, wind for 10.52%, geothermal for 4.65%, and solar for 1.38%. Comparing the first three-quarters of 2010 against the same period in 2009, hydropower declined by 5.2% but geothermal expanded by 1.8%, solar grew by 2.4%, biomass/biofuels increased by 10.0%, and wind grew by 26.7%; combined, non-hydro renewables expanded by 11.5%. Preliminary data also show that fossil fuels accounted for 78% of primary energy production. Overall, U.S. primary energy production rose by 2% compared with the first nine months of 2009. “Members of the incoming Congress are proposing to slash cost-effective funding for rapidly expanding renewable energy technologies while foolishly plowing ever-more federal dollars into the nuclear power black hole,” said Ken Bossong, Executive Director of the SUN DAY Campaign. “The numbers clearly show this would be betting on the obvious loser while ignoring the clearly emerging winner in the energy race.” And according to EIA’s latest "Electric Power Monthly," renewable energy sources accounted for 10.18% of U.S. electrical generation during the first three-quarters of 2010. Compared to the same period in 2009, renewables - including hydropower - grew by 2.2%. While conventional hydropower dropped by 5.2%, non-hydro renewable used in electrical generation expanded by 16.8% with geothermal growing by 4.9%, biomass by 5.5%, wind by 27.3%, and solar by 47.1%. Non-hydro renewables accounted for 3.9% of total electrical generation from January 1 - September 30, 2010 -- up from 3.5% the year before. # # # # # # # # The U.S. Energy Information Administration released its most recent "Monthly Energy Review" on December 22, 2010. It can be found at: http://www.eia.gov/emeu/mer/overview.html. The relevant charts from which the data above are extrapolated are Tables 1.1 and 1.2. EIA released its most recent "Electric Power Monthly" on December 17, 2010; see: http://www.eia.gov/cneaf/electricity/epm/epm_sum.html. The relevant charts are Tables ES1.A and ES1.B. The quotation in the first paragraph of this release was originally posted by the EIA on its web page accompanying the release of the “Monthly Energy Review” but has since been removed without explanation. The original EIA posting can be found at the following two sites: http://ehsmanager.blogspot.com/2010/12/eias-primary-report-of-recent-energy… http://www.akbizmag.com/from-our-elected-officials.html. ======================= The SUN DAY Campaign is a non-profit research and educational organization founded in 1993 to promote sustainable energy technologies as cost-effective alternatives to nuclear power and fossil fuels.

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Fwd: DEP Public Notice - County - Kanawha - Notice of Intent to Approve Permi...
by Duane330＠aol.com 27 Dec '10

27 Dec '10

Forwarded is the permit announcement for the Emerald Bilfuels plant set for Institute, WV in the Kanawha River valley.

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Fwd: WVNS story: EPA Starts Clean Air Act Process for Controlling Greenhouse Gases
by Paul Wilson 27 Dec '10

27 Dec '10

---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Fri, Dec 24, 2010 at 8:50 AM Subject: WVNS story: EPA Starts Clean Air Act Process for Controlling Greenhouse Gases To: PaulWilson <pjgrunt(a)gmail.com> Public News Service-WV December 24, 2010 EPA Starts Clean Air Act Process for Controlling Greenhouse Gases CHARLESTON, W.Va. - It's a move that promises to have quite an impact on West Virginia. The Environmental Protection Agency (EPA) is starting the process under the Clean Air Act for controlling greenhouse gas emissions by the nation's 500 fossil fuel power plants. Advocates of the EPA action say it will create new jobs for West Virginians, but others are apprehensive about the effect on the state's coal industry. The assistant EPA administrator for air and radiation, Gina McCarthy, says it's too early to say much about what EPA's rules will look like, but says the agency will start by encouraging a phase-in of cost-effective technologies under already well-established Clean Air Act programs. "You will see measurable reduction. This is where there are the most significant and reasonable opportunities for us to have pollution reduction, and also to provide certainty to these industries." McCarthy says the agency will be flexible in how the rules will be applied, and will not place an overall cap on how much carbon utilities can emit. Pat Hemlipp is a spokesman for American Electric Power (AEP), one of the nation's largest consumers of coal. AEP supported cap-and-trade, which was blocked by Republicans in the Senate. He praises the EPA's approach, with reservations. "Especially, their recognition that any program should be as flexible as possible. But we remain concerned that the Clean Air Act is going to constrain how flexible the agency can be, because the Clean Air Act does not allow much flexibility." Critics of climate change regulations say they will damage the coal and electricity industries in West Virginia, and have questioned how expensive control technologies will be. McCarthy insists the technologies are ready and will be good for jobs in those areas. "They will be making investments in new control technologies, investments that will not only sustain jobs in the U.S. but actually grow jobs in the U.S." The rules will be drafted with industry input and public comments, and will start with new power plants or plants undergoing major changes. 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/17660-1<http://www.publicnewsservice.org/index.php?/content/article/17660-1> --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org <remove(a)publicnewsservice.org?subject=remove>and put the word "remove" in the subject line. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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New Coal-To-Liquids proposal in WV
by James Kotcon 24 Dec '10

24 Dec '10

I just saw this. An effort to get a CTL plant onto Weirton's property would be politically difficult to oppose. Weirton Steel has long had a history of support form organized labor in WV, and therefore has had political support that few industries would likely see. Just the name alone will create support for any proposal to bring back those jobs. This does not appear to be a well-funded proposition, yet. If the Steelworkers have signed on, that will create some momentum, and minimize labor conflicts. And if the Governor backs it, look for state subsidies. jim Kotcon >From the Wheeling (WV) News-Register, Dec. 10, 2010. Available at: http://www.news-register.net/page/content.detail/id/549692/Thousands-of-Job… Thousands of Jobs May Be on the Way Officials gather to discuss coal-to-liquids plant December 10, 2010 - By IAN HICKS Major players in a proposed coal-to-liquids plant say they are on the verge of resurrecting Weirton's industrial heritage and putting more than 1,000 people to work in the city. Officials with Weirton Energy, the company seeking to build the faculty, met with acting Gov. Earl Ray Tomblin and Delegate Pat McGeehan, R-Hancock, in Wheeling Thursday to discuss the project. If all goes according to investors' plans, such a plant could be operational within 18 months and reach full capacity in two to three years. According to Weirton Energy's chief engineer, Al Norman, the plant would represent a capital investment of about $2 billion and bring at least 1,100 jobs to the city, with the potential for that figure to top 3,000 in the future. The company has reached an agreement in principle to establish an "amalgamated" labor union under the current United Steelworkers Local 2911, according to union President Mark Glyptis. McGeehan said after meeting with Tomblin, he believes the governor is solidly behind the initiative. Tomblin's support, he said, will be key in clearing the final hurdle for this proposal to become reality - land acquisition. Weirton Energy wants to build the plant on property presently held by steelmaker ArcelorMittal. Though some of the facilities haven't been used since the late 1960s, the Luxembourg-based company has been reluctant to part with the property. Weirton Energy's attorney, Robert D'Anniballe, said the company is "exploring best opportunities" to acquire the land, though he did not go into detail regarding those opportunities. Company officials would not confirm they are seeking to garner the property through eminent domain; however, the Weirton Redevelopment Authority at an August meeting discussed the possibility of attempting to exercise that power on ArcelorMittal's properties at the north end of town. No specific development projects were discussed at that meeting. Norman called the mill property an "industrial graveyard" for which cleanup costs likely will top $100 million. ArcelorMittal is "faced with the immediate cleanup of this property if that plant shuts down," he said. However, Norman said Weirton Energy's plan would absolve the steel company from any environmental cleanup obligations and place that burden squarely on his company. He estimated it could save ArcelorMittal $30 million in annual operation costs. Norbert Keilbach, Weirton Energy's chairman of the board and chief executive officer, said the Weirton location is perfect because many of the components needed already are in place, including infrastructure, transportation and "a ready-made pool of competent labor and experienced labor." A stipulation of the union's contract with ArcelorMittal prevents the sale of those properties without union approval. Glyptis said he is in full support of the project, noting he would prefer the property be used in such a manner rather than sold piecemeal to businesses that rely on low-wage labor. Keilbach said many of the jobs to be created would pay $100,000 or more annually. McGeehan, who has made bringing a coal-to-liquids plant to Hancock County a priority during his term as a legislator, said industry has always been crucial to the area and it must be a part of the future for the Ohio Valley to thrive. "We can't afford to miss this opportunity, because there's never going to be another one like it," said McGeehan.

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Fw: Updated Natural Gas Talking Points
by Jim Sconyers 23 Dec '10

23 Dec '10

Updated Sierra Club position FYI. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ---------- Forwarded message ---------- We have posted some updated natural gas reform talking points on Clubhouse. Thank you to the Activist Network team members that helped provide feedback. http://clubhouse.sierraclub.org/communications/talking-points/energy/natura… Let me know if you have trouble accessing these. -- Oliver Bernstein Senior Communications Strategist Sierra Club Phone: 512.477.2152 Cell: 512.289.8618

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Fw: Institute for Southern Studies Report: Two years after Tennessee coal ash disaster, still waiting for federal oversight
by Jim Sconyers 22 Dec '10

22 Dec '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Emily Enderle <eenderle(a)EARTHJUSTICE.ORG> To: COAL-COMBUSTION-WASTE(a)LISTS.SIERRACLUB.ORG Sent: Wed, December 22, 2010 3:32:15 PM Subject: Institute for Southern Studies Report: Two years after Tennessee coal ash disaster, still waiting for federal oversight great article with an excellent table. SPECIAL REPORT: Two years after Tennessee coal ash disaster, still waiting for federal oversight By Sue Sturgis Today marks two years since a coal ash impoundment collapsed at the Tennessee Valley Authority's Kingston power plant in eastern Tennessee, sending a billion-gallon tidal wave of toxic waste into a nearby community and rivers. The disaster also pushed the issue of coal ash regulation into the public policy spotlight, with incoming Environmental Protection Agency Administrator Lisa Jackson vowing to replace the existing patchwork of weak state regulations with federal rules to prevent a similar disaster in the future. But on the second anniversary of the Kingston spill, the American public is still waiting for federal protections from the hazards of coal ash -- with no idea when those might be in place. This week the EPA released its upcoming regulatory agenda, which addresses the final rulemaking for coal ash. The agenda classes the coal ash rule as a "long-term action," with the date of the final release "to be determined." "We are two years out from this environmental disaster with no certainty on when the final rules will be published," said Lisa Evans, an attorney with the nonprofit environmental law firm Earthjustice. "We don't think this is a good place to be." Following the Kingston disaster, EPA set out to count the number of coal ash dumps, tallying more than 600 impoundments and similar units at coal-fired power plants nationwide. More than half of those that have been rated are classed as high or significant hazards, meaning a failure could kill people or cause extensive property damage. But coal ash doesn't present a hazard only when impoundments collapse: It's been linked to 137 cases of environmental contamination in 34 states, with impoundments and other dumpsites leaching toxins to groundwater. An EPA risk assessment [pdf] found that people who live near coal ash impoundments and drink from wells have as much as a 1 in 50 chance of getting cancer due to arsenic contamination -- 1,800 times EPA's regulatory limit. Coal ash also contains other toxins including lead, thallium and radioactive elements. In May of this year, after a long delay and heavy lobbying by industry interests, the agency took the unusual step of releasing not one but two proposals for regulating coal ash. The stricter version favored by public health and environmental advocates would regulate coal ash as a special waste under Subtitle C of the Resource Conservation and Recovery Act, which governs hazardous waste. The other option embraced by the utility industry would treat coal ash like ordinary solid waste under RCRA Subtitle D. Under the stricter Subtitle C option, EPA has enforcement authority and the regulations are mandatory in every state. But under the weaker Subtitle D approach, EPA would issue "guidelines" that are not federally enforceable -- and that states may choose not to adopt. A recent EPA analysis identified 30 states that it predicts would not adopt the federal guidelines as law -- including disaster-stricken Tennessee. The following chart taken from comments on the proposed rules [pdf] by an alliance of environmental groups lists the coal-ash generating states that EPA expects would and would not adopt Subtitle D guidelines: The choice between Subtitle C and D also has significant environmental justice implications, since an analysis by the same environmental organizations found that communities near coal plants in the states that are not expected to implement the Subtitle D guidelines are more likely to be impoverished, non-white and to have a larger-than-average child population. "In other words," the groups noted in their comments, "a weak EPA rule would apply new safeguards for coal ash regulation in states where coal ash presents a relatively small, or even non-existent, environmental justice problem, while failing to add protections in states where environmental justice communities are heavily impacted by coal ash disposal." Another Kingston spill highlights hazards Following the release of the proposed rules, the EPA held seven public hearings around the country to collect comments. It also extended the comment period from August to November. The agency collected more than 400,000 comments -- an unusually high number that shows the public's intense interest in the issue. The continuing risk from the lack of strict federal oversight was underscored last week when another impoundment at TVA's Kingston plant -- this one holding a type of coal ash waste commonly used to make drywall -- sprung a leak into the nearby Emory River, which was devastated by the 2008 spill. TVA has plugged the leak but says it still does not know the exact cause. Following the discovery of the leak by TVA, the Tennessee Department of Environment and Conservation ordered the utility to install a synthetic liner in the impoundment, which is now lined only with clay. But Evans questions why TDEC didn't require TVA to install a liner when the impoundment was constructed a year ago -- and why the agency has not imposed a Clean Water Act fine for the discharge into the Emory. The latest leak at the Kingston plant rattled residents of the nearby Swan Pond community, where the 2008 disaster damaged 42 homes and left people suffering from respiratory and other health problems. About 500 million gallons of spilled coal ash remains in the area today, with cleanup ongoing and expected to take another three years. "Are we really safe? Really?" Swan Pond resident Sarah McCoin asked the Chattanooga Times Free Press. Some of the affected residents filed lawsuits over the 2008 disaster. While about 90 suits have been dropped or dismissed, another 55 are pending in federal court in Knoxville, Tenn., with trials slated to start late next year. While TVA's board adopted a policy last year to convert all of its wet coal ash ponds to dry storage, that's expected to take at least a decade. In the meantime, Evans and other environmental advocates are hoping that EPA will release the final coal ash rule by the end of 2011. Once the federal rules are in place, states have as long as two years to revamp their own rules to comply with the new requirements. Some observers have noted that the closer we get to the 2012 election, the harder it will be for the Obama administration to buck the electric utility industry, which objects to strict regulation as too costly. The industry has considerable political clout, having invested more than $16.2 million in the 2010 federal election cycle alone, according to the Center for Responsive Politics. "Delay does not work in our favor," Evans said. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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Fw: From today's Knoxville News Sentinal
by Jim Sconyers 22 Dec '10

22 Dec '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Joshua Ulan Galperin <josh(a)CLEANENERGY.ORG> To: COAL-COMBUSTION-WASTE(a)LISTS.SIERRACLUB.ORG Sent: Wed, December 22, 2010 10:25:16 AM Subject: From today's Knoxville News Sentinal Josh Galperin Policy Analyst and Research Attorney Southern Alliance for Clean Energy PO Box 1842 Knoxville, TN 37901 (O) 865.637.6055 X 23 (F) 865.524.4479 josh(a)cleanenergy.org www.cleanenergy.org <http://www.cleanenergy.org/> Please think about the environment before printing this email. CONFIDENTIAL LEGAL COMMUNICATION / WORK PRODUCT: The information transmitted is intended only for the person or entity to whom it is addressed, and may contain privileged and confidential attorney-client communications and/or confidential attorney work product. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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Two News Items of interest to Mon river watershed denizens.
by James Kotcon 21 Dec '10

21 Dec '10

>From Don Strimbeck's daily news summary. JBK Grants offered to study impact of Marcellus shale drilling By Kim Leonard PITTSBURGH TRIBUNE-REVIEW Tuesday, December 21, 2010 The Colcom Foundation is offering nonprofit organizations $1 million in grants to study Marcellus shale development, and provide lessons and advice about environmentally sound natural gas drilling practices. Amid controversy and mixed messages about the effects of well-drilling, "Who can you trust? There is a great deal at stake," said John F. Rohe, vice president of philanthropy for the Downtown-based foundation that focuses on conservation and the effects of overpopulation. Colcom announced its Marcellus Environmental Fund on Monday to address the "accelerating environmental impact" of drillers boring into the deep Marcellus layer and fracturing shale to extract gas. "The foundation would like to see a higher sense of trustworthiness and integrity" as drilling expands, Rohe said. The main question is whether the industry follows safe practices, or whether Western Pennsylvania might repeat one of its past mistakes, such as uncontrolled coal mining, he said. Colcom has funded cleanups of old mining sites. Applications can be submitted until Jan. 14 for grants to be given out in February. A second round of proposals is due March 14, for awards to be distributed in May. The foundation, created by the late Cordelia Scaife May, hasn't specified a number of grants, or amounts to be given out. Money will go toward public education, environmental monitoring and identifying best practices for the industry, for example. "This is not designed to be anti-drilling," Rohe said of the grants. "Possibly, the primary beneficiaries of this fund are the responsible drillers." Kathryn Z. Klaber, executive director of drilling industry trade group the Marcellus Shale Coalition, said yesterday the industry "recognizes that an educated citizen and landowner are the best partners in developing this clean-burning, job-creating resource." Working with regulators and others, gas drillers have "enhanced well-casing standards to protect drinking water and backed a permitting fees increase, enabling DEP to hire additional inspectors at no cost to the taxpayer. To the degree that other organizations seek to contribute to this fact-based debate, we encourage that." Kim Leonard can be reached at kleonard(a)tribweb.com or 412-380-5606. Pittsburgh Tribune Review Chemical plant courted for West Virginia By Bloomberg News Tuesday, December 21, 2010 Bayer AG, the world's largest maker of polyurethane, is trying to persuade potential investors to build a chemical plant on company sites in West Virginia using ethane from adjacent shale-gas deposits. The Leverkusen, Germany-based company is in talks to lease or sell unused parts of two sites covering 1,460 acres for construction of a plant known as a cracker, Bryan Iams, a spokesman for Bayer in Pittsburgh, said yesterday. The cracker would convert ethane into ethylene, a key ingredient in plastics such as polyethylene. The Bayer properties sit atop the Marcellus shale formation, which according to Energy Department estimates is the largest known U.S. gas field. New drilling techniques are boosting production from shale formations, keeping U.S. prices of natural-gas low relative to oil. That's prompted chemical makers Dow Chemical Co., Eastman Chemical Co. and Chevron Phillips Chemical Co. to use more gas as a raw material. Chevron Phillips received preliminary approval last month from Texas regulators to reopen a cracker shut in 2008 at its Sweeny complex, according to a filing on the Texas Commission on Environmental Quality's website. Eastman is opening a mothballed cracker in Longview, Texas, because it says low-cost gas has made the United States more competitive. Dow plans to use 30 percent more ethane, a component of natural gas, at its Gulf Coast crackers. "The burning question is what to do with all the ethane coming out of the Marcellus shale," said John Schirra, a senior account manager at U.S. chemical maker Ashland Inc. The Marcellus formation in Western Pennsylvania and northern West Virginia is unusually rich in natural-gas liquids including ethane, said Dennis Yablonsky, chief executive officer of the Allegheny Conference, a Pittsburgh-based economic development group. The region has no crackers, he said. "We are unabashedly trying to attract" the chemical industry, Yablonsky said in a telephone interview. "We have had positive feedback that the general premise does make sense." Proposals for getting Marcellus gas to the chemical industry involve piping it to crackers on the Gulf Coast, where the country's chemical industry is concentrated. Pittsburgh Chemical Day, an annual conference that brings together companies such as Bayer, Eastman and PPG Industries Inc., will focus its May 10 event on using Marcellus shale gas to bolster investment in the regional chemical industry, said Schirra, an organizer of the meeting. Bayer's sites in New Martinsville and Institute, W.Va., have access to rail, water and road transportation, Iams said. An ethylene plant adjacent to Bayer's West Virginia plastics or pesticide plants would cut its raw-materials costs and draw more manufacturers to the area, he said. It would cost at least $500 million and require about 4 years to build an ethane cracker capable of producing 1 million metric tons of ethylene a year, Hassan Ahmed, a New York-based analyst at Alembic Global Advisors, said in a telephone interview.

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Fwd: TN Coal Ash bill
by James Kotcon 20 Dec '10

20 Dec '10

Attached are comments on EPA's coal ash rule from Tennessee. Of particular interest is Attachment 3 which is a bill introduced in the TN legislature last year to regulate coal ash. The comments identify eight issues that are covered in the bill that ought to apply to the so-called beneficial use disposal sites in WV. As far as I can tell, the Tennessee bill does not address the issue of adequate testing of coal ash, and appears to allow continued reliance on the discredited TCLP methods to test for toxicity of ash leachates. Does anyone see any other issues that need to be addressed? I hope to begin drafting some legislation over this coming week, and any comments (or help drafting) would be appreciated. JBK >>> Louise Gorenflo <lgorenflo(a)gmail.com> 12/13/2010 2:43 PM >>> Wallace Attached are the comments I wrote for the EPA Coal Ash regs. It describes our efforts to get a good bill passed by the TN legislature - and our failure. The attachments include a copy of the proposed bill. Louise Gorenflo TN Chapter 391-484-2633

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Fwd: [Charleston Newspapers] Article - $80M in bonds OK'd for power plants
by James Kotcon 20 Dec '10

20 Dec '10

I have never fully figured out what these economic development bonds do, but they apparently dramatically lower the cost of borrowed money for coal-fired power plants. Soon as I get a "Round Tuit", I want to figure out what these actually mean and whether it is a good use of our time to fight this practice. See link to attached news article. If there is an economist, banker, business major, or just someone who can balance a checkbook, who wants to do some behind the scenes work over the next few months, let me know. We can figure out what these do and how to fight them. Jim Kotcon >>> <articles(a)cnpapers.com> 12/17/2010 7:01 AM >>> jkotcon(a)wvu.edu sent you this article ----- December 16, 2010 $80M in bonds OK'd for power plants ( http://www.wvgazette.com/News/201012160888 ) By Eric Eyre ( about:contact/revprler+jitnmrggr+pbz+return=/News/201012160888 ) The Charleston Gazette P>CHARLESTON, W.Va. -- Appalachian Power received the go-ahead Thursday to issue up to $60 million in bonds that will help pay for landfill improvements and a scrubber on a power-generating unit at the John Amos Power Plant near Winfield. T ... Read more ( http://www.wvgazette.com/News/201012160888 ) -----

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Fwd: Fw: "Fracking Wonderland" video on you tube
by James Kotcon 20 Dec '10

20 Dec '10

Merry Christmas. May this little clip light up your holiday spirit (your fighting spirit, that is). JBK >>> Paula Carrell <Paula.Carrell(a)sierraclub.org> 12/16/2010 2:48 PM >>> --------------------------- cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- For those working on Shale Gas issues: Fracking Wonderland. A Christmas shout-out for all our friends at the Gas & Oil Commissions! http://www.youtube.com/watch?v=m-R4rYXdDhI&feature=player_embedded ---------------------------------------------------------------------- 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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FW: call or e-mail Rockefeller!
by Grubb, Karen 17 Dec '10

17 Dec '10

From: Vickie Wolfe [mailto:ibtreehugger@gmail.com] Sent: Thursday, December 16, 2010 8:19 PM To: Ben Stout; Bill Becker; Carol Warren; cindyrank; Daniel Chiotos; haning2; Frank Young; James Kotcon; Jeff Biggers; Kathryn Stone; matt noerpel; Matt Sherald; Rory McIlmoil; Vivian Stockman; Don Alexander; asd; ashevillejoe; bbailey; benji; Bill Price; Brenda Wilson home; Charles Pique; Chuck Wyrostok; connigl; dana.kuhnline; Dave Cooper; dbady; Gary Zuckett; info; Janet Keating; Jim Sconyers; Joe Jarrell; John Palmer; John Stone; johnwilkinson2; joseph mathis; Julia Sendor; Julian Martin; Julie Archer; JW Randolph; Grubb, Karen; Leslee McCarty; lisadaniels; Mary Wildfire; maryanne.hitt; matt; Mel Tyree PhD; mhendryx; Mike Harman; mjanes; mmany; Norm Steenstra; Patricia Feeney; Randy White; Ray Haning; Rick Wilson; Robin Wilson; Rose Edington; Sally Shepherd; Sarah Halstead; savanna lyons; swatson; Ted Boettner; Tom Pendleton; Trevor Swan; unclesteve197; Vernon Haltom; webb.bo; Willa Mays; bill.mccabe; jeff; Antrim Caskey; Bob Kincaid; bobby mitchell Subject: call or e-mail Rockefeller! from Coal Tattoo: http://blogs.wvgazette.com/coaltattoo/2010/12/16/w-va-sen-jay-rockefeller-t… This just in from the office of West Virginia Sen. Jay Rockefeller: Senator Jay Rockefeller has informed Senate Leadership that he will insist on a vote on his EPA-suspension legislation this year. If left with no other option, Senator Rockefeller will seek to suspend the rules on the Omnibus Appropriations bill to bring up his legislation. I.e., this is legislation to suspend for two years EPA's authority to regulate GHGs from stationary sources, like coal-fired power plants. Let him know how you feel about this!! His e-dress is senator(a)rockefeller.senate.gov<mailto:senator@rockefeller.senate.gov> -- ```````````````````````````````````````````````````` Vickie L. Wolfe PHONE: (304) 744-8777 E-MAIL: IBTreehugger(a)gmail.com<mailto:IBTreehugger@gmail.com> ```````````````````````````````````````````````````` "It is horrifying that we have to fight our own government to save our environment." -Ansel Adams "At the present time, there are six billion people on this planet pursuing a vision that is devouring the earth. That's our problem . . . Our problem is a world-devouring vision that six billion people are pursuing. "Now what can we do about this vision? We can't legislate it away or vote it away or organize it or even shoot it away. We can only teach it away. If the world is saved, it will be saved by people with changed minds, people with a new vision. . . . That's our path of hope for the future." --Daniel Quinn, 2000

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Need letters re: PATH Power Line
by Frank Young 14 Dec '10

14 Dec '10

BlankThe proposed PATH power line would be an "interstate highway" to ship even more Mountaintop Removal coal from the Ohio Valley to east coast cities. We have a unique opportunity and a short window of time to have the application for this unnecessary monstrosity dismissed by the WV Public Service Commission. NOW WE NEED YOUR HELP! We need you to write a short letter (one sentence will do) and send it - by fax, if possible, because speed is important! - to the PSC and copy them to our new governor, Earl Ray Tomblin. (Addresses/fax numbers below.) You CAN'T just say you're against PATH (that's kind of a given, you know?), you need to tie it to the PSC staff's motion to dismiss the PATH application. ALWAYS include the case number. Something like: RE: Case No. 09-0770-E-CN - Potomac Appalachian Transmission Highline (PATH) I urge the members of the Public Service Commission to accept the recommendation of its staff that the PATH application should be dismissed. [Then sign your name, including your address.] Here's where to send it: Ms. Sandra Squire Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301 Fax: 304-340-0325 cc: The Hon. Earl Ray Tomblin Office of the Governor 1900 Kanawha Blvd E Charleston, WV 25305 Phone: (304) 558-2000 Fax: (304) 342-7025 You can email the governor using this link: http://www.governor.wv.gov/Pages/contact.aspx. Just copy and paste it into your browser. Thanks, everyone! Our efforts are making a difference in this fight, and we need you to help keep it going! WV Environmental Council Government Affairs Committee Frank Young, Chair

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Re: [EC] WV PSC Staff 'Drops the Bomb' on PATH
by James Kotcon 12 Dec '10

12 Dec '10

As an organizational intervenor, we are required to go through our attorney on this. I have contacted Elena and Abbie for input, and will work with Bill on any filing. Please note that this motion to dismiss came from PSC Staff, not the Consumer Advocate Division as discussed in some e-mail chains. I certianly would encourage individuals to file comments in support of the Motion, but the Club's response must come from our attorneys. JBK >>> Jonathan Rosenbaum 12/11/10 5:52 PM >>> I received a copy from the WvaPath yahoo group where it was requested that "Everyone, I mean _everyone_, who is an intervenor needs to file a simple joinder statement to the PSC staff's motion to dismiss. You can put it in the form of a formal filing, or you can send it as a letter." Sounds like we need to do more than just watch PSC activity on this one. -Jonathan On 12/11/2010 4:20 PM, James Kotcon wrote: While this is indeed good news, it is worth noting that we were at about this point with TrAIL. During the evidentiary hearings, we had largely refuted all of TrAILCo's claims. In their final briefs, Staff had recommended against the line. At that point TrAILCo went into high pressure, back room "negotiations" to make a deal. We have no direct evidence that the Governor's Office got involved, but based on the e-mails from PSC Staff, I think it was likely. At any rate, two months later, Staff "agreed" to (or was told to agree to) a Settlement which added a few additional jobs and the TrAILCo line was approved. I recommend that we keep a constant watch on PSC Staff activity over the next few weeks. As they say, "Fool Me Twice, Shame On Me!" Jim Kotcon >>> "Frank Young" 12/10/10 10:58 PM >>> >From Bill Howley's 'The Power Line' blog- available at: http://calhounpowerline.com/ -------------------------------------------------------- WV PSC Legal Staff Files Motion to Dismiss PATH Application December 10, 2010 The PSC lawyers hit every single issue we have been presenting here on The Power Line for the last month. In particular, the staff points to Dominion’s Alternative 1 as being far superior to PATH in every respect. The staff cites the multiple results of PJM’s failure to consider Alternative 1 as being the primary reasons why AEP/Allegheny’s PATH application no longer meets the basic standards for a high voltage transmission line certificate of need as set out in WV statutes. The motion to dismiss is a recitation of all of the failures of PJM’s transmission planning process. The motion is a direct assault on PJM’s deceptive, misleading and contorted actions as more and better alternatives to PATH have appeared in the last year. The staff concludes: Staff moves the Commission (1) to dismiss PATH’S Application without prejudice; (2) permit for re-filing once a new analysis has been completed that includes all the recent developments; (3) order the Applicants to file updated testimony in regards to the economic and environmental aspects of this project, including a discussion of the need to rebuild the Pruntytown-Mt. Storm line. [the part of Alternative 1 that is owned by Allegheny] The staff’s motion effectively requires AEP/Allegheny and PJM to make a fair assessment of all viable alternatives to PATH within any new PATH application. Now it is up to the Commissioners of the WV PSC to stand up for our state against the self-appointed power company cartel, PJM Interconnection. The Commission staff has stated the case clearly for all to see. Their motion is a masterful summary of all that is wrong with the PATH project and PJM’s corrupt “planning” process. http://calhounpowerline.com/ __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: Visit Your Group Working since 1967 for the conservation and wise management of West Virginia's natural resources Switch to: Text-Only, Daily Digest * Unsubscribe * Terms of Use . __,_._,___ _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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Fw: PATH LINE may get dismissed - YOUR HELP IS NEEDED FAST - act by
by Jim Sconyers 11 Dec '10

11 Dec '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Tina Rappaport <tinazipp(a)gmail.com> Sent: Sat, December 11, 2010 2:07:16 PM Subject: PATH LINE may get dismissed - YOUR HELP IS NEEDED FAST - act by Dear friends across the beautiful state of West Virginia, We are at a historic crossroad and YOU can make a difference. The Consumer Advocate Division of the WV Public Service Commission has recommended to the Commission that the PATH application be dismissed, for now. We are pushing for you and all your friends, relatives and neighbors to flood the WV PSC with a brief letter of support by Tuesday, Dec. 14th or sooner. Summarized details about this latest development can be found below and the full document may be accessed on Bill Howley's blog What you need to know is that this is huge and we want the PSC to listen to the PSC's Consumer Advocate Division AND the good people of West Virginia. Please send a short note and have everyone you know do the same. This is the moment to act and encourage others to do the same. You may use this simple note: Send and address to: (You can save a stamp if you scan your letter and email it to Ali Haverty at almahaverty(a)gmail.com and she'll FAX it in) Sandra Squire Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301 DATE: December ____, 2010 RE: Case Number: 09-0770-E-CN To the Commissioners of the West Virginia Public Service Commission, I/We fully support the PSC staff's motion to dismiss this case. Respectfully yours, (Your Name/s and address) INTERVENORS - Bill Howley isn't worrying about serving those not on the PSC email list this time, and I suggest we all follow suit and just get this done fast and simple. Read below for more details. My best always, Tina Rappaport, 304-655-0003 ________________________________________________________________________________________________________ Folks whether or not you are an intervernor or not you should send a note to the West Virginia PSC Today NOW ASAP stating your support for the PSC’s Staff’s motion to Dismiss the PATH Case. The address of the PSC and case number as a reminder. The case number should be on all correspondence. The PATH case number is 09-0770-E-CN. The WV PSC Address - Sandra Squire Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301 Please do this Now…John Cobb Here is Bill Howely’s not to us all on this Important Need… From:WVaPATH@yahoogroups.com [mailto:WVaPATH@yahoogroups.com] On Behalf Of Bill Howley Everyone, I mean everyone, who is intervenor in the PATH Case needs to file a simple joinder statement to the PSC staff's motion to dismiss. You can put it in the form of a formal filing, or you can send it as a letter. I'm not going to worry about serving everyone else by mail on this one. We just need to overwhelm the Commissioners with a major show of support for the motion to dismiss. This may be our only shot at killing this thing. We need to pull out all the stops and get it done by the middle of next week. Take a few minutes and bang out a simple statement "I fully support the PSC staff's motion to dismiss." It can be that simple. But we have to let the Commissioners know that people across the state want this stopped. Invite everyone you know who is not an intervenor to send letters. This is a great time for everyone else to get their nose into the PSC case. To help you understand today’s Motion to Dismiss the Path Case I have excerpt key portions of the PSC Staff’s Motion to Dismiss…feel free to use any portion of this or just state your support the Staff’s Motion to dismiss…John Cobb! This is a (simplified recap) of the PSC’s Staff’s Motion to Dismiss PATH12/10/2010: The Staffof the West Virginia Public Service Commission respectfully submits Staff’s Motion, requesting that the Commission dismiss Power Companies application for PATH as insufficient, or in the alternative, require the Applicants to request a tolling and implement further case processing procedures. Staff asserts certain new developments pertaining to the status of the Dominion Power Alternative 1, to PATH to Rebuild the Mt. Storm-Doubs 500kV, transmission line…and to rebuild the Mt Storm – Pruntytown transmission line at a lower cost than the PATH project means that theCommission does not have all the information it needs to properly evaluate this PATH project and other reasonable alternatives. Further, the result ofthese rebuilds will be a more stable line with 65% increased capacity. Now, the owner of that line needs to rebuild it because of the advanced age of its infrastructure and the inherent danger of a collapse. The Staff of the PSC asserts that “It is ludicrous to continue to move forward with the PATH project while major changes are being contemplated for critical transmission infrastructures that should be factored into assessment of the need for PATH.” The Staff further asserts that, “Certain PJM approved upgrades to the transmission system have potentially moved all potential future voltage violations and potential blackouts out beyond 2019.” It is now possible that the PATH project might not be needed until 2020 or beyond. Given the lack of information concerning a full and meaningful evaluation of these issues, Staff believes this Application as currently filed is incomplete and should be dismissed. The estimated cost for the entirety of Dominion Rebuild Alternative 1, is $500-600 million as compared to over $2.1 billion for the PATH project. The Staff further declares “Even more glaring, the “Liberty” project alternative all located in Pennsylvania, which is several hundred million dollars cheaper than PATH and resolves all of the thermal and reactive violations through 2025, has been rejected as a replacement for by PATH by PJM and the Power Companies because it does not provide as much of a megawatt margin as the PATH project.” Under West Virginia Code 524-2-1 la(d)( l), a proposed transmission line must 66.. .economically, adequately and reliably contribute to meeting the present and anticipated requirements for electric power ...” As PJM has not done so, Staff believes the Applicants need to provide an analysis and testimony as to how PATH economically contributes to meeting the requirements for electric power in light of viable alternatives that are significantly cheaper and provide most of the same benefits. Once again, the Application as it is currently filed lacks information as to how the PATH project strikes this balance in light of the alternatives that have been proposed. This omission is especially striking for Dominion Alternative 1. That alternative involves the rebuild of two lines and the addition of voltage compensators, actions which will occur on existing rights-of-way, which will result in the taking of little to no additional public land, and which should have very little environmental impact, especially compared to PATH. The question that comes to mind given these factors is does PATH represent a reasonable balance betweenreasonable power needs and reasonable environmental factors when there is an alternative that will have substantially lower environmental impacts that resolves the identified power problems in the near and medium term? Staff believes this Application is further deficient due to the lack of that analysis and should be dismissed. Obviously, this analysis and the economic analysis should focus on, but not necessarily be limited too, Dominion Alternative 1 as this Commission, the State of West Virginia and its residents all have a large stake in that alternative and a portion of that alternative has already been approved by PJM. Further, it is reasonable to include in any new testimony a discussion of the need to rebuild the Pruntytown-Mt. Storm line. The rebuild of that line is a major component of Dominion Alternative 1, that line is approximately the same age as the Mt. Storm-Doubs line which needs to be rebuilt due to its age, and is owned by a subsidiary of Allegheny Power, the parent of one of the Applicants in this proceeding. Therefore, Staff moves the Commission (1) to dismiss PATH’S Application without prejudice; (2) permit for re-filing once a new analysis has been completed that includes all the recent developments; (3) order the Applicants to file updated testimony in regards to the economic and environmental aspects of this project, including a discussion of the need to rebuild the Pruntytown-Mt. Storm line. John Cobb 2/11/2010 304-452-9634

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Fw: HISTORIC VICTORY: NYS Becomes First State to Prohibit Hydrofracking!
by Jim Sconyers 11 Dec '10

11 Dec '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Catskill Mountainkeeper <info(a)catskillmountainkeeper.org> To: jim_scon(a)yahoo.com Sent: Sat, December 11, 2010 5:02:22 PM Subject: HISTORIC VICTORY: NYS Becomes First State to Prohibit Hydrofracking! Having trouble viewing this email? Click here You're receiving this email because of your relationship with Catskill Mountainkeeper. Please confirm your continued interest in receiving email from us. You may unsubscribe if you no longer wish to receive our emails. Catskill Mountainkeeper BREAKING NEWS December 11, 2010 HISTORIC VICTORY FOR THE CITIZENS OF NEW YORK STATE In an amazing victory for the citizens of New York State, Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest. New York State becomes the first state to have a formal prohibition on high volume horizontal hydrofacking because of concerns about environmental impacts. Regretablly instead of signing the "Moratorium Bill" legislation sent to him that included a prohibition on vertical hyrdofracking that was passed by on overwhelming bi partisan majority in both houses of the State government he decided instead to succumb to industry pressure and issue the Executive Order that eliminates vertical wells from the prohibition. While the Executive Order is historic and proves that our concerns over hydrofracking are legitimate it is also a disappointment because vertical wells are also dangerous. The gas and oil industry lobby deliberately misinterpreted a section of the Moratorium Bill claiming it would bring all gas drilling in New York State to a halt. The bill only specified a moratorium on drilling for wells using hydrofracking, whether they are vertically or horizontally drilled. A moratorium banning the fracking of vertical wells is very important for several reasons: 1. Gas companies have been clear that they plan to drill vertical wells in the Utica and Marcellus shale with the intention of converting them to horizontal wells. 2. While the State Senate was considering a two-year moratorium on horizontal wells the gas industry threatened to drill and frack 16 vertical wells every square mile in retribution if a moratorium on fracked horizontal wells was passed. 3. Some of the worst water contamination problems, such as in Dimock, PA came from vertical wells drilled and fractured in the Marcellus Shale. We now look to Governor Elect Andrew Cuomo to protect the Citizens of New York from the dangers of hydro fracking by any method including vertical drilling and horizontal drilling and including all shale formations. BELOW IS THE GOVERNORS PRESS RELEASE To embed this news release, copy the code below and paste it into your website or blog. http://readme.readmedia.com/Governor-Paterson-Issues-Executive-Order-on-Hyd…</a>' width='572' height='490' border='0' frameborder='0'>Preview Governor Paterson Issues Executive Order on Hydraulic Fracturing * by New York State Office of the Governor ALBANY, NY (12/11/2010)(readMedia)-- Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest. This should allay any fears that high-volume hydraulic fracturing and horizontal drilling under study by DEC will commence without assurances of safety. "We in government must always focus on protecting the well-being of those whom we represent and serve, but we also have an obligation to look to the future and protect the long-term interests for our State and its residents," Governor Paterson said. "Therefore, I am proud to issue this Executive Order, which will guarantee that before any high-volume, horizontal hydraulic fracturing is permitted, the Department of Environmental Conversation will complete its studies and certify that such operations are safe." Permits for high-volume, horizontal hydraulic fracturing can not be issued until the Department of Environmental Conservation (DEC) completes a Supplemental Generic Environmental Impact Statement (SGEIS), which is currently being developed. As a result, there is already in place a de-facto moratorium on such permits. The Governor issued the Executive Order contemporaneously with his veto of S.8129-B/A.11443-B, which would have suspended the issuance of new oil and gas drilling permits through May 15, 2011, including all conventional, low-volume, vertical oil and gas wells. "This legislation, which was well intentioned, would have a serious impact on our State if signed into law. Enacting this legislation would put people out of work - work that is permitted by the Department of Environmental Conservation and causes no demonstrated environmental harm, in order to effectuate a moratorium that is principally symbolic," Governor Paterson said. "Symbols can have great importance, but particularly in our current terrible economic straits, I cannot agree to put individuals out of work for a symbolic act." "I am sympathetic to the sponsors' desire to protect the environment and public health, and I respect the concerns that produced this legislation," the Governor continued. "But this legislation does not accomplish this purpose, since the activities at the heart of the moratorium are not currently taking place, and would not take place until well after the legislation's proposed moratorium." The bill goes well beyond high-volume, horizontal hydraulic fracturing and effectively would result in a moratorium on all new oil and gas well drilling in this State. The cessation of such new activity, even for a limited period, would have substantial negative financial consequences for the State, local governments, landowners and small businesses involved in conventional oil and gas production. The Division of the Budget estimates that the bill would cause a substantial reduction in State revenues from the loss of permit fees and tax revenue. With a $315 million budget gap in the current fiscal year, and a projected gap of over $9 billion in the 2011-12 State fiscal year, New York simply cannot afford to send hundreds and perhaps thousands of jobs, and millions of dollars in capital investment to Pennsylvania and other states to our south. ### Additional news available at www.ny.gov/governor | High resolution images available at www.ny.gov/governor/mediaimages | password: paterson | New York State | Executive Chamber | press.office(a)chamber.state.ny.us | 212.681.4640 | 518.474.8418 | Follow us on Facebook and Twitter Support Mountainkeeper This is a complex and extended battle requiring tremendous resources. Catskill Mountainkeeper needs your financial support to continue to represent you in this fight. About Catskill Mountainkeeper Catskill Mountainkeeper is an independent, not for profit, 501c3 community based environmental advocacy organization, dedicated to creating a flourishing sustainable economy in the Catskills and preserving and protecting the area's long term health. We address issues of water integrity for the Delaware and Susquehanna River Systems, the defense of the vast woodlands that encompass the Catskill Forest Preserve and the New York City Watershed as well as farmland protection. We promote "smart" development that balances the economic needs and concerns of the Catskill regions' citizens and the protection of our abundant but exceedingly vulnerable natural resources. Forward email This email was sent to jim_scon(a)yahoo.com by info(a)catskillmountainkeeper.org. Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. Catskill Mountainkeeper | PO Box 381 | Youngsville | NY | 12791

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Re: [EC] WV PSC Staff 'Drops the Bomb' on PATH
by James Kotcon 11 Dec '10

11 Dec '10

While this is indeed good news, it is worth noting that we were at about this point with TrAIL. During the evidentiary hearings, we had largely refuted all of TrAILCo's claims. In their final briefs, Staff had recommended against the line. At that point TrAILCo went into high pressure, back room "negotiations" to make a deal. We have no direct evidence that the Governor's Office got involved, but based on the e-mails from PSC Staff, I think it was likely. At any rate, two months later, Staff "agreed" to (or was told to agree to) a Settlement which added a few additional jobs and the TrAILCo line was approved. I recommend that we keep a constant watch on PSC Staff activity over the next few weeks. As they say, "Fool Me Twice, Shame On Me!" Jim Kotcon >>> "Frank Young" 12/10/10 10:58 PM >>> >From Bill Howley's 'The Power Line' blog- available at: http://calhounpowerline.com/ -------------------------------------------------------- WV PSC Legal Staff Files Motion to Dismiss PATH Application December 10, 2010 The PSC lawyers hit every single issue we have been presenting here on The Power Line for the last month. In particular, the staff points to Dominion’s Alternative 1 as being far superior to PATH in every respect. The staff cites the multiple results of PJM’s failure to consider Alternative 1 as being the primary reasons why AEP/Allegheny’s PATH application no longer meets the basic standards for a high voltage transmission line certificate of need as set out in WV statutes. The motion to dismiss is a recitation of all of the failures of PJM’s transmission planning process. The motion is a direct assault on PJM’s deceptive, misleading and contorted actions as more and better alternatives to PATH have appeared in the last year. The staff concludes: Staff moves the Commission (1) to dismiss PATH’S Application without prejudice; (2) permit for re-filing once a new analysis has been completed that includes all the recent developments; (3) order the Applicants to file updated testimony in regards to the economic and environmental aspects of this project, including a discussion of the need to rebuild the Pruntytown-Mt. Storm line. [the part of Alternative 1 that is owned by Allegheny] The staff’s motion effectively requires AEP/Allegheny and PJM to make a fair assessment of all viable alternatives to PATH within any new PATH application. Now it is up to the Commissioners of the WV PSC to stand up for our state against the self-appointed power company cartel, PJM Interconnection. The Commission staff has stated the case clearly for all to see. Their motion is a masterful summary of all that is wrong with the PATH project and PJM’s corrupt “planning” process. http://calhounpowerline.com/ __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: Visit Your Group Working since 1967 for the conservation and wise management of West Virginia's natural resources Switch to: Text-Only, Daily Digest * Unsubscribe * Terms of Use . __,_._,___

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WV PSC Staff 'Drops the Bomb' on PATH
by Frank Young 11 Dec '10

11 Dec '10

>From Bill Howley's 'The Power Line' blog- available at: http://calhounpowerline.com/ -------------------------------------------------------- WV PSC Legal Staff Files Motion to Dismiss PATH Application December 10, 2010 The PSC lawyers hit every single issue we have been presenting here on The Power Line for the last month. In particular, the staff points to Dominion’s Alternative 1 as being far superior to PATH in every respect. The staff cites the multiple results of PJM’s failure to consider Alternative 1 as being the primary reasons why AEP/Allegheny’s PATH application no longer meets the basic standards for a high voltage transmission line certificate of need as set out in WV statutes. The motion to dismiss is a recitation of all of the failures of PJM’s transmission planning process. The motion is a direct assault on PJM’s deceptive, misleading and contorted actions as more and better alternatives to PATH have appeared in the last year. The staff concludes: Staff moves the Commission (1) to dismiss PATH’S Application without prejudice; (2) permit for re-filing once a new analysis has been completed that includes all the recent developments; (3) order the Applicants to file updated testimony in regards to the economic and environmental aspects of this project, including a discussion of the need to rebuild the Pruntytown-Mt. Storm line. [the part of Alternative 1 that is owned by Allegheny] The staff’s motion effectively requires AEP/Allegheny and PJM to make a fair assessment of all viable alternatives to PATH within any new PATH application. Now it is up to the Commissioners of the WV PSC to stand up for our state against the self-appointed power company cartel, PJM Interconnection. The Commission staff has stated the case clearly for all to see. Their motion is a masterful summary of all that is wrong with the PATH project and PJM’s corrupt “planning” process. http://calhounpowerline.com/ __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: Visit Your Group Working since 1967 for the conservation and wise management of West Virginia's natural resources Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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FW: Democracy for America Training Opportunity
by Grubb, Karen 10 Dec '10

10 Dec '10

From: Denise Binion [mailto:dbinion@gmail.com<mailto:dbinion@gmail.com>] Sent: Wednesday, December 08, 2010 8:44 PM To: Denise Binion Subject: Democracy for America Training Opportunity Hi everyone, I had a call from the National Democracy For America recently in response to a survey I filled out last month. They are interested in putting on the Campaign Academy training and it would be the first one ever for WV! They are very interested in promoting progressive politics in WV. They are also interested in tailoring the training to include specific projects that would be of interest or helpful to us (e.g. Marcellus Shale drilling/water protection, State Democratic Party Chair, as well as State and local issues. It would be great to have the benefit of the training before the start of the 2012 campaigns. I have talked with several people from various progressive groups throughout the state and there seems to be a lot of interest in attending this training. There certainly is a need and also a great deal of dissatisfaction within the Democratic Party over the way things are going. This is a great opportunity at a critical time in this state and the nation. We can't afford to cede any more ground to the Republicans and DINOcrats. WV is especially desperate for some real Democratic government. Since it's based on Howard Dean's 50 State Strategy, there is no reason why we couldn't turn it into a 55 county strategy and would certainly help Progressives. I'm thinking it is something that OFA members, Brain Trust, DFA, environmental organizations and other progressive groups around the state would be interested in. We are looking at Flatwoods as a meeting site, making it equally accessible for 1st CD, 2nd and 3rd CD folks. Registration cost will be ~ $70 ($40 for low income or students) + lodging cost which is yet to be negotiated. There is also a possibility for a limited amount of scholarships. They need 80-100 participants to hold the training. What are your thoughts about participating in this training and do you think there are others in your area organizations that may be interested. The way things look right now, we're on our own to promote Democratic policies. No one is going to this, it looks like we're going to have to save ourselves. Please send me your thoughts, ideas and suggestions. Denise Binion ~~~~~~~~~~~~~~~~~~~~ Don't tell me what you believe. Tell me what you do and I'll tell you what you believe. - Timothy Lange

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FW: [wvec-board] Marcellus Shale- on WV Public Broadcasting tonight (Thursday)
by Grubb, Karen 10 Dec '10

10 Dec '10

From: wvec-board(a)yahoogroups.com [mailto:wvec-board@yahoogroups.com] On Behalf Of Frank Young Sent: Thursday, December 09, 2010 5:47 PM To: WVHCBOARD(a)yahoogroups.com; wvec-board(a)yahoogroups.com; Chuck Wyrostok Subject: [wvec-board] Marcellus Shale- on WV Public Broadcasting tonight (Thursday) Tonight on The Law Works (8:30 p.m. on WV PBS TV) host Dan Ringer takes on the legal topics around Marcellus Shale Gas drilling in West Virginia. Special guests are attorneys Kenneth Tawney and Andrew Graham. West Virginia Public Broadcasting<http://www.facebook.com/wvpubcast>: __._,_.___ Reply to sender<mailto:fyoung@mountain.net?subject=Re%3A%20Narcellus%20Shale-%20on%20WV%20Public%20Briadcasting%20tonight%20%28Thursday%29> | Reply to group<mailto:wvec-board@yahoogroups.com?subject=Re%3A%20Narcellus%20Shale-%20on%20WV%20Public%20Briadcasting%20tonight%20%28Thursday%29> | Reply via web post<http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJxbDlsbmxoBF9TAzk3…> | Start a New Topic<http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmNmkxanNuBF9TAzk3…> Messages in this topic<http://groups.yahoo.com/group/wvec-board/message/1952;_ylc=X3oDMTM1djZrZnF2…> (1) Recent Activity: Visit Your Group<http://groups.yahoo.com/group/wvec-board;_ylc=X3oDMTJmcXZoc2VlBF9TAzk3MzU5N…> . __,_._,___

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