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Demand Side Management in VA
by Jim Sconyers 25 Mar '10

25 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 3/24/10, Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> wrote: From: Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> Subject: Fw: State Corporation Commission News Release To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Date: Wednesday, March 24, 2010, 3:32 PM More support for flattening/declining demand in eastern states... ----- Forwarded by Elena Saxonhouse/Sierraclub on 03/24/2010 12:31 PM ----- From: Zainab Kents <Zainab.Kents(a)scc.virginia.gov> To: Date: 03/24/2010 09:54 AM Subject: State Corporation Commission News Release The following link is the SCC News Release. SCC APPROVES FIVE DEMAND-SIDE MANAGEMENT PROGRAMS FOR DOMINION POWER CUSTOMERS http://www.scc.virginia.gov/newsrel/e_domdsm_10.aspx Zai Kents State Corporation Commission Division of Information Resources (804) 371-9141; (804) 371-9361 zainab.kents(a)scc.virginia.gov - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-ELP-TRANS-LINES-FORUM list, send any message to: CONS-ELP-TRANS-LINES-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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US EPA priorities
by Duane330＠aol.com 22 Mar '10

22 Mar '10

MESSAGES FROM THE EPA ADMINISTRATOR: WHY ENVIRONMENTAL PROTECTION AND ECONOMIC PROSPERITY GO HAND IN HAND AND WHAT EPA'S SEVEN PRIORITIES ARE EPA Administrator Lisa P. Jackson spoke at the National Press Club on March 8 on how environmental protection and economic prosperity go hand in hand to build a healthier, more prosperous nation, that "…economic opportunity is not possible without sustainability," and that "Without clean energy, the global economy will be running on empty within our lifetimes." _Full text of her remarks_ (http://yosemite.epa.gov/opa/admpress.nsf/8d49f7ad4bbcf4ef852573590040b7f6/7…) . She also spoke earlier to EPA employees about EPA's seven priorities for EPA's future: * Taking Action on Climate Change * Improving Air Quality * Assuring the Safety of Chemicals * Cleaning Up Our Communities * Protecting America's Waters * Expanding the Conversation on Environmentalism and Working for Environmental Justice * Building Strong State and Tribal Partnerships _Read Administrator Jackson's memo_ (http://blog.epa.gov/administrator/2010/01/12/seven-priorities-for-epas-futu…) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Fwd: Oil leasing suspended to address climate change!
by Paul Wilson 20 Mar '10

20 Mar '10

see the reference to EPA cost-effective technologies to reduce methane waste. cheers, paul ---------- Forwarded message ---------- From: Bruce Hamilton <Bruce.Hamilton(a)sierraclub.org> Date: Fri, Mar 19, 2010 at 12:53 PM Subject: Oil leasing suspended to address climate change! To: CONS-AWL-RESILIENT-HABITATS(a)lists.sierraclub.org *WELC Victory! BLM Agrees to Suspend Drilling Leases to Address Climate Change** * Oil well on the Montana plains near Glacier National Park. [image: Oil Pump in Rocky Mountains, Montana] In a groundbreaking federal court settlement agreement reached today, the Bureau of Land Management is required to evaluate climate change concerns on oil and natural gas leases covering over 30,000 acres in Montana. Sixty-one oil and natural gas leases will be suspended pending the completion of that review process. "With Congress failing to exercise meaningful leadership on climate policy, it falls to citizens to step into the breach," said Erik Schlenker-Goodrich, WELC attorney on this case. "That's why we brought this lawsuit, and that's why we're very pleased that BLM came to the negotiating table and agreed to suspend these leases to take a hard look at our concerns." Western Environmental Law Center filed this pioneering climate and energy * lawsuit*<http://r20.rs6.net/tn.jsp?et=1103208437050&s=1467&e=001S-wTvLtU0Lkd6Lzbg-1F…>in December 2008 working with Montana Environmental Information Center, Earthworks' Oil and Gas Accountability Project, and WildEarth Guardians. The timing of this lawsuit was on the heels of the Bush Administration's final set of oil and natural gas lease sales for Montana. In May 2009, the lawsuit overcame a key hurdle when the district court ruled that an order by the Secretary of the Interior requiring Bureau of Land Management (BLM) to consider climate change could be enforced against BLM. We proceeded to move to the merits of the case, emphasizing concerns with methane, a greenhouse gas 72 times as potent as carbon dioxide over a 20-year time period, which sparked the discussions that led to the * settlement*<http://r20.rs6.net/tn.jsp?et=1103208437050&s=1467&e=001S-wTvLtU0LkeEF_yi4My…>agreement. EPA has already identified over 120 proven, cost-effective technologies and practices to reduce methane waste and make operations more efficient. Despite these economic and environmental gains, BLM has not considered these proven technologies and practices in its planning documents and does not yet require them as a condition of owning a federal oil and natural gas lease. We hope that the agreement reached today is the first step of many for BLM to ensure responsible oil and gas development in the face of climate change and tap into our country's most important resource: American ingenuity and can-do know how. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-AWL-RESILIENT-HABITATS list, send any message to: CONS-AWL-RESILIENT-HABITATS-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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Fw: An article on international Natural Gas situation
by Jim Sconyers 19 Mar '10

19 Mar '10

FYI - pretty interesting. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 3/19/10, Sunil Somalwar <sunil.somalwar(a)GMAIL.COM> wrote: From: Sunil Somalwar <sunil.somalwar(a)GMAIL.COM> Subject: An article on international Natural Gas situation To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Friday, March 19, 2010, 4:41 AM Don't know how reliable this article is, but seems mostly factual. http://ibtimes.com.au/articles/20100319/watch-unconventional-gas.htm Watch "Unconventional Gas" Sunil Somalwar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Fw: Re: Conversation With Mike Brune
by Jim Sconyers 19 Mar '10

19 Mar '10

FYI - phone conf call with Mike Brune, new Sierra Club Executive Director. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 3/19/10, Christina Yagjian <Christina.Yagjian(a)SIERRACLUB.ORG> wrote: From: Christina Yagjian <Christina.Yagjian(a)SIERRACLUB.ORG> Subject: Re: Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Friday, March 19, 2010, 5:03 PM You can hear the call with Michael Brune here: http://www2.teleconferencingcenter.com/moderator/BroadcastFrame.jsp?id=37e2… At the prompt, enter your name and email. To access by phone, call 888-899-7904 and enter the playback ID — 104380074# Regards, Christina Marie Yagjian National Conservation Organizer Sierra Club, Global Warming and Energy sierraclub.org/climateleaders 202.675.7911 From: Scott Elkins <scott.elkins(a)SIERRACLUB.ORG> To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: 03/19/2010 04:51 PM Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Sent by: Chp & Grp Global Warming Energy Chairs <CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG> Thanks for the prompt, Linda. I’m checking to see if it got recorded and when it will be available. I’ll respond as soon as I hear back. Scott Scott Elkins, Director for Chapter Coordination Sierra Club 612-659-9124 From: Chp & Grp Global Warming Energy Chairs [mailto:CONS-SPST-GLOBALWARM-CHAIRS@LISTS.SIERRACLUB.ORG] On Behalf Of Linda Isaacson Fedele Sent: Thursday, March 18, 2010 8:59 PM To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Hi, Scott, Was the Monday evening conference call ever recorded in any way? I'd sure like to hear it, and I'm sure others would, too. Thanks, -Linda EMAILING FOR THE GREATER GOOD Join me Date: Mon, 15 Mar 2010 14:27:50 -0500 From: scott.elkins(a)SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Linda: That’s a good idea, and I just inquired with Rod MacKenzie about setting up the call to record. We’re going to do it, but it is going to take a little bit of time to forward a link where folks can listen to the call. The long and short of it is that the conference call company charges $0.10/minute for each person who listens to the recording. So, we’re going to try to download the recording and put it on our own server so that we can avoid that charge. Scott Scott Elkins, Director for Chapter Coordination Sierra Club 612-659-9124 From: Chp & Grp Global Warming Energy Chairs [mailto:CONS-SPST-GLOBALWARM-CHAIRS@LISTS.SIERRACLUB.ORG] On Behalf Of Linda Isaacson Fedele Sent: Monday, March 15, 2010 1:09 PM To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Will the conversation be recorded so that those of us who are unable to particpate in the live call can listen in after-the-fact? This sounds extremely valuable. Thanks. Thanks, -Linda Rochester Regional Group EMAILING FOR THE GREATER GOOD Join me Date: Fri, 12 Mar 2010 18:33:20 -0500 From: Dave.Hamilton(a)SIERRACLUB.ORG Subject: [GW-ACT-LEADERS] Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG All, Yesterday, I offered to hold a call to discuss the Nation article. Citing many of the concerns I read on this list, I proposed to top management that we address these issues quickly and forthrightly to our own leaders. That proved to be such a popular idea that new Executive Director Mike Brune is going to talk about them with Club leaders on his first day on the job. So consider yourselves invited. I know Carl Pope was working on a more in-depth response to the Nation article and that should be available before the call. I hope you join us on Monday! Dave Join us Monday as Vice President of Conservation Robin Mann introduces Michael Brune on his first day as Sierra Club's Executive Director. Mike will share his vision for winning on climate change, protecting the places and communities we love and building the Sierra Club. Among other topics, Mike and Robin will share their views on the Nation's recent article, "The Wrong Kind of Green." We hope you'll join us to welcome Mike! Day: Monday, March 15 Time: 8 PM ET/7 PM CT/6 PM MT/5 PM PT Conference Call Number: 866-501-6174 and use the conference code 1892-005#. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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FW: Net metering rules: Comments to PSC needed on by April 4th at 4pm [1 Attachment]
by James Kotcon 19 Mar '10

19 Mar '10

I think we need to comment on these net metering rules. The points below are a good start. I am especially opposed to the proposal to allow net metering credits for non-renewable energy sources, as this significantly dilutes the incentive for renewables. I am sure that several of the experts on the Energy Committee could draft such a comment letter, but this is an opportunity for some new volunteers to step up and tackle a new and emerging issue. I can provide sources of info on net-metering, as well as precedents set in numerous other states. And if you want a few great talking points about why we want to stop subsidizing coal, see the blog from Bruce Nilles on Grist or the Huffington Post, available at: Grist - http://www.grist.org/member/11566/ Huffington Post - http://www.huffingtonpost.com/bruce-nilles Any volunteers? JBK >>> "John Christensen" <jbc329(a)earthlink.net> 3/17/2010 1:32 PM >>> [Attachment(s) from John Christensen included below] Forgive me if you received this email in error but indulge me if you are concerned about WV interconnection and net metering standards which are sorely lacking. Let's generate some comments so to give our WV PSC something to work on and put them on notice that better standards are needed to encourage growth in the renewable energy sector. Attached is the fact sheet from our net metering legislation introduced this past session. John Christensen Mountain View Solar and Wind Consultation, Sales, and Installation 410-499-4873 cell www.mtvsolar.com ----- Original Message ----- From: John Christensen To: Aaron Stoner;Clay Herzog;Colin Williams;Greg Reineke;John Christensen;John Smith;Mike McKechnie;Mountain View Builders;Sunny Pitcher;Tonya Sornson Sent: 3/17/2010 12:39:30 PM Subject: IREC article to be commented on by April 4th at 4pm WEST VIRGINIA On February 2, the West Virginia Public Service Commission issued proposed modifications to the state’s net metering and interconnection rules under WV PSC General Order 258. These changes are pursuant to WV House Bill 103, and House Bill 408 in 2009. Highlights of the proposal include: • An increase in the aggregate participation limit from 0.1% of utility’s total load to 1% of the utility aggregate customer peak demand • Net excess generation during a billing period carries over at the full retail rate for up to 12 months and excess kWhs at the end of the annual period are reconciled at the utility’s avoided cost rate • System size limits are 25kW for residential, 500kW for commercial and 2MW for industrial customers • Customer owns RECs associated with generation • Virtual meter aggregation is allowed for meters within two miles of properties owned or leased by a customer within two miles of the customer’s property. For these arrangements, excess credits will be applied first to the meter through which the facility supplies electricity to the distribution system, then prorated equally to the remaining meters on the account There are also several red flags associated with this proposal, which are not in keeping with many other state rules or what IREC considers best practices: • Customer must pay for construction or upgrades to the electric utility system, should they be required in order to interconnect the facility (which could be cost-prohibitive) • Net metering is allowed for non-renewable resources (i.e. "alternative" sources) including waste coal, natural gas, tire-derived fuel and other non-renewable sources • All systems are required to have a redundant utility external disconnect switch • Customers must maintain at least $100,000 of liability insurance or such amount of coverage reasonably deemed necessary by the utility to protect its plant and other customers • Rules are vague regarding interconnection fees, terms and charges Comments on this proposal must be filed with the PSC by April 5, 2010. We must decide whether we need to call for a public hearing soon, March 30 is the deadline for that. We need to file comments no later than April 4th. Let's get a letter writing campaign going amongst our considerable contact list to see if we can generate some buzz....or not...whatever we decide is best for our company and the state. JB John Christensen Mountain View Solar and Wind Consultation, Sales, and Installation 410-499-4873 cell www.mtvsolar.com __._,_.___ Attachment(s) from John Christensen 1 of 1 File(s) Improvements to Net Metering HB 4391.doc 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: EIP Report: Electric Power Industry 'Not Making A Dent' in Dangerous Mercury Pollution, ... -- A
by James Kotcon 19 Mar '10

19 Mar '10

New Report on mercury emissions.West Virginia is in the top 10 among states.Amos is the largest source, but Fort Martin is dirtier in terms of pound mercury per MWh.But the Beechurst Avenue Morgantown plant, although relatively small in total generation, has an emissions rate that is even higher. Not sure what is going on there.http://www.environmentalintegrity.org/news_reports/documents/DirtyKil… cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- >>> Jeff Schmidt <jeff.schmidt(a)sierraclub.org> 3/18/2010 4:01 PM >>> http://www.prnewswire.com/news-releases/eip-report-electric-power-industry-… - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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Re: [EC] Fw: Going after Massey indirectly
by Jim Sconyers 15 Mar '10

15 Mar '10

Woohooooo! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: Fw: Going after Massey indirectly To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com> Date: Monday, March 15, 2010, 12:49 PM Fyi... ----- Forwarded by Aaron Isherwood/Sierraclub on 03/15/2010 09:48 AM ----- From: Bruce Nilles/Sierraclub To: Date: 03/14/2010 04:43 PM Subject: Wisconsin State Journal: A century of coal-burning ends at downtown power plant We did it. The first of the three downtown coal plants in Madison (WI) has stopped burning coal. When any of you visit Madison in the future, the air will be cleaner, the fish safer, and the City's carbon footprint diminished. The immediate benefits of this will be felt as far away as West Virginia, because the state was using Massey coal. No more. The next two coal plants will end coal use in 2011 per our court agreement. Special thanks to Jennifer Feyerherm, our attorney David Bender, and a great team of volunteer leaders who made this all happen. And stay tuned for more news on additional state-owned coal plants going down in the near future. Cheers, Bruce http://host.madison.com/wsj/news/local/environment/article_10fe7ed4-2e93-11… A century of coal-burning ends at downtown power plant By DEE J. HALL | dhall(a)madison.com | 608-252-6132 | Posted: Saturday, March 13, 2010 5:18 am For the first time in 100 years, no coal is being burned at Downtown Madison's Capitol Heat and Power Plant, said David Helbach, Wisconsin's director of state facilities. Late last month, the state shut down its coal burners at the plant, which provides steam and chilled water to the state Capitol and nearby state office buildings. The state will spend about $25 million this fall to install gas boilers that will allow the plant to cool and heat Downtown office buildings using only natural gas, Helbach said. In the interim, the plant is using smaller boilers already in place and will buy electricity from Madison Gas & Electric as needed. "We'll be able to produce all of the steam and chilled water we need without using coal," Helbach said. The switchover is part of a court agreement between the state and the Sierra Club calling for the elimination of coal at two state-owned plants: UW-Madison's Charter Street Heating Plant and the Capitol plant. Converting the Charter Street plant from coal to biomass is expected to cost $251 million. Last month, the state Department of Administration also announced changes at six other coal-fired heating plants that will reduce or eliminate the use of coal at those locations. Coal burning is a major producer of particulate pollution, greenhouse gases and mercury contamination in fish. DOA Secretary Michael Morgan announced the state would install additional pollution controls, eliminate coal use or possibly shut down five coal-fired heating plants at Mendota Mental Health Institution in Madison and UW campuses at Eau Claire, La Crosse, Oshkosh and River Falls. The department also said it would stop using coal at the state-owned heating plant in Waupun that serves Waupun, Dodge and Burke correctional institutions and other state-owned buildings in the area. The Wisconsin Department of Natural Resources had determined that those plants were violating the federal Clean Air Act. Jennifer Feyerherm, director of the Sierra Club's Wisconsin Clean Energy Campaign, called kicking coal at the Capitol plant "a wonderful thing." "I know that hundreds and hundreds of activists and volunteers around the state who've been pushing for this are excited that we have our first state plant officially off coal," she said. Bruce Nilles, Director Beyond Coal Campaign Sierra Club 408 C Street NE Washington, DC 20002 T: 202.675.7905 C: 608.712.9725 E: bruce.nilles(a)sierraclub.org W: www.sierraclub.org/coal

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Re: [EC] PSC and Net Metering
by DSGJr＠aol.com 15 Mar '10

15 Mar '10

Excellent, Frank. This is exactly what I needed. Thanks. don garvin In a message dated 3/15/2010 12:07:49 P.M. Eastern Standard Time, fyoung(a)mountain.net writes: Don, pursuant to the 2009 legislature's HB 408, the PSC is promulgating new net metering rules. The order with the proposed new rules and the dates for commenting on these new rules is here: _http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI D=288733&NotType='WebDocket'_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket') Frank ----- Original Message ----- From: _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) To: _mjmb(a)westco.net_ (mailto:mjmb@westco.net) Cc: _fyoung(a)mountain.net_ (mailto:fyoung@mountain.net) ; _billhowley(a)hughes.net_ (mailto:billhowley@hughes.net) Sent: Monday, March 15, 2010 12:07 PM Subject: Re: PSC and Net Metering I guess I misunderstood the earlier emails about this. From what was sent around, I thought there was some sort of public comment period regarding a rate case or something new that PSC was considering on net metering. don In a message dated 3/15/2010 10:10:00 A.M. Eastern Standard Time, _mjmb(a)westco.net_ (mailto:mjmb@westco.net) writes: I've attached two files relating to PSC net metering rules. The second 1.20 MB file, February 2, 2010, is the most recent. From: _Bill Howley_ (mailto:billhowley@hughes.net) Sent: Monday, March 15, 2010 10:20 AM To: _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) Cc: _fyoung(a)mountain.net_ (mailto:fyoung@mountain.net) ; _John Balasko_ (mailto:mjmb@westco.net) Subject: Re: PSC and Net Metering Don, I haven't been following this. John Balasko has, so I have cc'd him on this reply. John, can you help Don out? Bill _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) wrote: Can one of you point me to the information on what PSC is doing on net metering? I am going to put out an action alert on public comment periods at PSC and DEP and I can't find the PSC information. Thanks, don garvin

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Fw: PEAK DEMAND IS DOWN, SAYS PJM!! Good news for us!
by Jim Sconyers 15 Mar '10

15 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Tina Rappaport <tinazipp(a)gmail.com> wrote: From: Tina Rappaport <tinazipp(a)gmail.com> Subject: PEAK DEMAND IS DOWN, SAYS PJM!! Good news for us! To: Date: Monday, March 15, 2010, 11:51 AM Hi folks, Big news, big post on Bill Howley's Excellent Blog today!! This could be good for us! Too soon to tell though. Keep up to date on Bill's blog. http://calhounpowerline.wordpress.com/2010/03/15/peak-demand-falling-pjm-ca… I added Bill's blog to the "tabs" that open up each day when I open up my web browser. On a PC (not MAC) go to your Control Panel, find "Internet Options" and simply add Bill's blog, http://www.calhounpowerline.wordpress.com to the "homepage" list. My best always, Tina Rappaport 304-655-0003 SITE: www.URparamount.com BLOG: http://blog.urparamount.com EMAIL: Tina(a)URparamount.com TUPPERWARE: http://my2.tupperware.com/tup-html/U/urparamount-welcome.html

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Re: [EC] PSC and Net Metering
by Frank Young 15 Mar '10

15 Mar '10

Don, pursuant to the 2009 legislature's HB 408, the PSC is promulgating new net metering rules. The order with the proposed new rules and the dates for commenting on these new rules is here: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Frank ----- Original Message ----- From: DSGJr(a)aol.com To: mjmb(a)westco.net Cc: fyoung(a)mountain.net ; billhowley(a)hughes.net Sent: Monday, March 15, 2010 12:07 PM Subject: Re: PSC and Net Metering I guess I misunderstood the earlier emails about this. From what was sent around, I thought there was some sort of public comment period regarding a rate case or something new that PSC was considering on net metering. don In a message dated 3/15/2010 10:10:00 A.M. Eastern Standard Time, mjmb(a)westco.net writes: I've attached two files relating to PSC net metering rules. The second 1.20 MB file, February 2, 2010, is the most recent. From: Bill Howley Sent: Monday, March 15, 2010 10:20 AM To: DSGJr(a)aol.com Cc: fyoung(a)mountain.net ; John Balasko Subject: Re: PSC and Net Metering Don, I haven't been following this. John Balasko has, so I have cc'd him on this reply. John, can you help Don out? Bill DSGJr(a)aol.com wrote: Can one of you point me to the information on what PSC is doing on net metering? I am going to put out an action alert on public comment periods at PSC and DEP and I can't find the PSC information. Thanks, don garvin

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Fw: TAKE ACTION: Stop the Dumping of Mining Waste in Our Water
by Jim Sconyers 15 Mar '10

15 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Earthjustice Alerts <action(a)earthjustice.org> wrote: From: Earthjustice Alerts <action(a)earthjustice.org> Subject: TAKE ACTION: Stop the Dumping of Mining Waste in Our Water To: "Jim Sconyers" <jim_scon(a)yahoo.com> Date: Monday, March 15, 2010, 9:11 AM TAKE ACTION: Stop the Dumping of Mining Waste in Our Water! CALL: Stop the Dumping of Mining Waste in Our Water! Mining companies are using America's streams and lakes as dumping grounds for millions of tons of solid mining wastes. Call today to stop this destructive practice! Dear Jim, Taking advantage of a loophole that the Bush administration created in Clean Water Act rules, mining companies are using America's streams and lakes as dumping grounds for millions of tons of solid mining wastes. Companies are burying streams with mountaintop removal coal mining waste in Appalachia and are planning to fill in a lake in Alaska with waste from gold mining. The Environmental Protection Agency and the Army Corps of Engineers have the authority to close the waste loophole in the Clean Water Act, and President Obama should instruct the agencies to do so immediately. The mining industry is enormously powerful and will spare no expense in fighting this needed change, so it is important to start the process of fixing this terrible loophole now. But in order to close the Bush loophole, the EPA and the Corps need leadership and immediate direction from the White House to act now, before more of our nation's precious waters are destroyed. Now is the time. Delaying this process will harm our waterways, our communities, our wildlife, and our ecosystems. Please call the White House today, March 15, as a part of the National Protect Waters from Mining Waste Day of Action. If you're unable to call on March 15, the White House still needs to hear from you—please call as soon as you can! Together, we can demonstrate to the White House the urgent need for action to restore the prohibition on dumping mining waste in our water. Make Your Call Today: The White House: 202-456-1414 (9AM–5PM ET) When the White House receptionist answers the phone, please leave a message with him or her, expressing your desire for the President to end dumping of mine waste in our waters. Here's a sample of what you can say (and we hope you will add your personal touch, too): "Hello! My name is Jim Sconyers, and I am calling from Terra Alta, West Virginia. "I'm calling to ask President Obama to end the dumping of mining waste in our water. Please restore the prohibition on filling waters with waste immediately. "Mining companies are using the 2002 loophole in the Clean Water Act rule to bury streams and lakes with untreated mining wastes. "From the mountaintop removal mines in Appalachia to the Kensington gold mine in Alaska, mining waste is destroying our streams and lakes. "President Obama should direct the EPA to close the mine waste dumping loophole immediately. Thank you." For more information on this issue, please visit Earthjustice's website. Thank you for taking the time to call! And please keep in touch: email action(a)earthjustice.org to tell us if you called, and about your experience. — Earthjustice Because the earth needs a good lawyer ©2010 Earthjustice | 426 17th Street, 6th Floor, Oakland, CA 94612 | 510-550-6700 | action(a)earthjustice.org Alert Tools Photo Credit Top: Mountaintop removal mining explosion. Bottom: Water polluted by mining waste. Credit: John Kalucki. View online: Having trouble viewing this email? View it in a browser. This email was delivered to you by Earthjustice. Update your personal information or remove your email address from Earthjustice's email list through your Subscription Management Page or by emailing Earthjustice. Powered by:

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Court to hear Chief Logan drilling appeal
by Frank Young 11 Mar '10

11 Mar '10

Blankhttp://www.wvgazette.com/News/201003111095 CHARLESTON, W.Va. -- The state Supreme Court has agreed to hear an appeal of a lower court ruling regarding new natural gas drilling proposed for Chief Logan State Park. Manchin administration officials and environmental groups filed the appeal, seeking to overturn Logan Circuit Judge Roger Perry's decision last year in favor of Cabot Oil & Gas. Justices voted 5-0 to hear the case. No date was immediately set for oral arguments, but the case would likely not be heard until the fall. "My clients are very happy that they will have an opportunity to present their case to our court," said Tom Rodd, attorney for the West Virginia Highlands Conservancy, the Friends of Blackwater and former parks chief Cordie Hudkins. "And I think Chief Logan is smiling down on us today for helping to protect his namesake state park." Rodd's clients, as well as the Sierra Club, joined the case after Perry had already ruled to overturn the state Department of Environmental Protection's decision to deny Cabot a permit for nearly three dozen new wells to extract gas from under the 3,600-acre park in Logan County. Cabot holds lease agreements for the gas, which is owned by the heirs of Anthony Lawson, one of the first English settlers of what is now Logan County. DEP lawyers have also appealed, as has the state Division of Natural Resources, which runs the state park system. Cabot has vowed to either drill the site or sue the state in a "takings" case to try to be compensated for millions of dollars in lost profits. In December 2007, then-DEP Secretary Stephanie Timmermeyer rejected Cabot's permit application, citing a state law that prohibits the DNR from allowing "extraction of minerals ... on or under any state park." Cabot appealed, and Perry ruled for the company. Among other things, the judge said the DEP has no authority to enforce a section of state law prohibiting the DNR from allowing gas drilling in parks. But Ray Franks, the DEP's general counsel, said in his Supreme Court petition that Perry was wrong to conclude that "the plain language of the DNR statute can be interpreted in any manner other than an utter and universal proscription of the exploitation of minerals for commercial purposes in any state park. "If DNR is prohibited by law from allowing the exploitation of natural resources underlying a state park because the Legislature has made a judgment that this sort of development cannot be squared with the need to protect the park's unique surface aesthetic, that is precisely the sort of environmental policy that DEP is required to acknowledge and to which it must conform its own conduct," Franks wrote. Reach Ken Ward Jr. at kw...(a)wvgazette.com or 304-348-1702.

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Fwd: Amazing op-ed: "From coal to clean energy: an Iraq war veteran's next fight"
by Paul Wilson 09 Mar '10

09 Mar '10

you guys seen this? Any chance we can get permission to reprint it somewhere? paul ---------- Forwarded message ---------- I have to pass along this amazing op-ed in the Christian Science Monitor by a WV veteran - connects the dots between climate, mountaintop removal, and national security better than anything else I have seen. Extremely compelling. Mary Anne --- * ** http://www.csmonitor.com/Commentary/Opinion/2010/0301/From-coal-to-clean-en… *<http://www.csmonitor.com/Commentary/Opinion/2010/0301/From-coal-to-clean-en…> Christian Science Monitor * >From coal to clean energy: an Iraq war veteran's next fight* Coal mining is scarring West Virginia. Climate change is intensifying the national security threat. One Iraq war vet explains why US energy policy must change. ------------------------------ By *Jon Gensler*<http://www.csmonitor.com/layout/set/print/About/Contact-Us-Feedback> posted March 1, 2010 at 10:49 am EST Cambridge, Mass. — As a captain in the Army, I was used to seeing the blasted, wasted landscapes of unfamiliar countries. From the window of a plane or the door of a helicopter, they were a familiar sight, the last high-level view before descending into a nasty fight. I expected such images of destruction in Iraq and Afghanistan. But not in West Virginia. Yet the ugly reality of mountaintop removal coal mining is what greeted me on my return home after a year-long tour in Iraq. Seeing the land I fought to protect being abused in such reckless fashion hit me in the gut, hard. It took years to recover my motivation to continue to fight for what I believe in back home. Appalachian families are facing serious decisions about their future, and these decisions are intimately linked with America’s future. Our energy policy is limiting our global competitiveness, hurting our national security, and destroying our heritage of wild, natural beauty. We need comprehensive energy and climate legislation to ensure our way of life this century. These national priorities are acute in my home state. Demand for southern West Virginian coal is expected to drop by half over the next decade, yet our political and business leadership refuse to take a serious look at how we can replace the jobs that will be lost. To maintain a relevant position in the energy economy, West Virginia must look beyond our short horizon of trying to fill up the next train load, and think about what will happen if we don’t push harder for economic diversification. The 30-plus years of decline we have experienced will merely accelerate. As the world moves on to cleaner energy sources, we will be left behind with a wounded land, a wounded people, and wounded pride, battle scars from a lost war. I came home to an America full of cars with “Support our Troops” bumper stickers. Real support would entail sacrifices, because so long as we’re addicted to foreign fossil fuels, our soldiers will be called on to safeguard supply routes. Additionally, the oil money we send to foreign dictators every day is directly funding the terrorists we are fighting against. All of this means more brave men and women losing life and limb overseas. Climate change is intensifying the national security threat. The Central Intelligence Agency and the Defense and State Departments agree that climate change presents risks that must be dealt with. The Pentagon’s just-released Quadrennial Defense Review for the first time ever recognizes climate change for the destabilizing force that it is. With increased droughts, famines, and migrations, we should remember that it is our soldiers who will be called upon to help these people in their need, and to respond with force to the terrorist havens that often arise in the wake of failed states. The burden will fall on America – and disproportionately on West Virginia. This fight is not new. It has raged through our mountains for decades. In the Mine Wars of the early 20th century, workers organized and took a stand against the coal companies whose only goal was to expand their bottom lines at the expense of the people of our state. Hundreds of miners, soldiers, and corporate thugs lost their lives in a struggle over a worker’s right to an honest day’s wage for an honest day’s labor. Today’s fight is similar: King Coal would have us believe that as coal goes, so goes West Virginia; that our worth as a people is to be measured by what we can rip from the ground and sell to the highest bidder; that we are indeed a 21st-century Company State, bought and paid for with our destroyed heritage. This is wrong. Setting the right course is worth fighting for. We need a price on carbon to eliminate the financial uncertainty that is preventing investment in clean-energy technologies. Such investments are crucial to drive future growth in today’s fledgling industries. Additionally, we should call for an aggressive national renewable portfolio standard to create demand in the short term, which is the best option to drive down energy costs for consumers. Now is the time to honor the sacrifices of our miner heritage. We are at a tremendous crossroads, and taking these steps is the right thing to do to honor our past, and the right thing to do for tomorrow. Let’s work for a better future that gives West Virginians – and all Americans – the freedom to thrive in a new energy economy rather than slowly dying with the old. I believe in you, West Virginia. Strap on your boots and fight with me. * * * Jon Gensler, a former Army captain who served in the Iraq war, is studying for master’s degrees at Harvard Kennedy School and MIT Sloan School of Management.* -- Mary Anne Hitt Deputy Director, Beyond Coal Campaign Sierra Club 304-876-7064 (w) 540-239-0073 (c)* **maryanne.hitt(a)sierraclub.org* <maryanne.hitt(a)sierraclub.org>* **www.sierraclub.org/coal* <http://www.sierraclub.org/coal> -- 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: Fw: Upcoming Webinars from Concrete Products University - Potential Impacts of Fly Ash Regulation (this Wednesday), Changes to ASTM, & Energy-Efficiency as a Selling Point for Concrete Masonry
by Paul Wilson 08 Mar '10

08 Mar '10

fyi, paul ---------- Forwarded message ---------- From: lynn welsh <welsharch(a)yahoo.com> Date: Mon, Mar 8, 2010 at 1:05 PM Subject: Fw: Upcoming Webinars from Concrete Products University - Potential Impacts of Fly Ash Regulation (this Wednesday), Changes to ASTM, & Energy-Efficiency as a Selling Point for Concrete Masonry To: Paul Wilson <pjgrunt(a)gmail.com> HI Paul, I got this for continuing education, but I thought you or somebody from Sierra Club might be interested to participate & see what the coal people are saying about flyash legislation. Lynn --- On *Mon, 3/8/10, National Concrete Masonry Association <info(a)ncma.org>*wrote: From: National Concrete Masonry Association <info(a)ncma.org> Subject: Upcoming Webinars from Concrete Products University - Potential Impacts of Fly Ash Regulation (this Wednesday), Changes to ASTM, & Energy-Efficiency as a Selling Point for Concrete Masonry To: welsharch(a)yahoo.com Date: Monday, March 8, 2010, 11:10 AM To view this email as a web page, go here.<http://cl.exct.net/?ju=fe4d1d7174630c7a7d1d&ls=fdf8107677620478761c7276&m=f…> *Dear Rosalind,* *As a reminder, the Concrete Products UniversitySM (CPUSM) webinar on the Potential Impacts of Fly Ash Regulation on the Concrete Products Industry<http://cl.exct.net/?ju=fe551d7174630c7a7c14&ls=fdf8107677620478761c7276&m=f…> is this Wednesday! ** You can register for any CPU Webinar at: https://ncmameetings.webex.com<http://cl.exct.net/?ju=fe541d7174630c7a7c15&ls=fdf8107677620478761c7276&m=f…> * ** *This week's webinar is:* *Potential Impacts of Fly Ash Regulation on the Concrete Products Industry<http://cl.exct.net/?ju=fe531d7174630c7a7c16&ls=fdf8107677620478761c7276&m=f…> * *Wednesday, 10 March 2010 ** 1:00 - 4:00 PM Eastern Time** ** Description: The United States Environmental Protection Agency (EPA) is developing proposed regulations that will address the management of coal combustion byproducts (CCBs). The scope of those regulations will likely have a significant impact on the concrete masonry and hardscape industry, because fly ash is the CCB with the greatest utilization rate and is used primarily in concrete to enhance its strength and resistance to the elements. Last year the U.S. produced about 70 million tons of fly ash, of which nearly 45 percent was recycled. The regulation of CCBs as hazardous waste would have a devastating impact on the continued use of CCBs, threatening an environmentally protective and valuable industry. Please join us for this timely, relevant, and informative session led by Jim Roewer (Edison Electric Institute), who heads the Coal Combustion Byproducts Coalition, of which NCMA is a member. The first two hours of this webinar will consist of the presentation, followed by up to one hour of an interactive Q&A session. Instructor: Jim Roewer, Edison Electric Institute & Coal Combustion Byproducts Coalition Registration Fee: $150 per nonmember login / $75 per NCMA Member login (NCMA Members, email me at drozsa(a)ncma.org<http://us.mc522.mail.yahoo.com/mc/compose?to=drozsa@ncma.org>to get your Member discount coupon code). * ***Register by clicking on the following link: * https://ncmameetings.webex.com/ncmameetings/k2/j.php?ED=118996447&UID=10602…<http://cl.exct.net/?ju=fe521d7174630c7a7c17&ls=fdf8107677620478761c7276&m=f…> ** *Once you register, you will receive a confirmation email with instructions for joining the webinar. * ** *Upcoming CPU Webinars* *1) **Changes to ASTM and How They Impact Your Business <http://cl.exct.net/?ju=fe511d7174630c7a7c10&ls=fdf8107677620478761c7276&m=f…>- Wednesday, 24 March 2010, 1:00 - 3:00 PM Eastern Time - $150 nonmembers / $75 NCMA Members. ASTM standards are used for specifying concrete products, providing standard test procedures, and guidelines on use. The standards are constantly being updated and improved, and it is important to understand recent changes and how they may affect the requirements for concrete products and how they are tested. This webinar will cover significant changes to ASTM standards for concrete masonry and hardscape products over the past two years. The first hour of this webinar will consist of the presentation, followed by up to one hour of an interactive Q&A session. Register by clicking on this sentence<http://cl.exct.net/?ju=fe501d7174630c7a7c11&ls=fdf8107677620478761c7276&m=f…> .* *2) Is Energy Efficiency a Selling Point for Concrete Masonry? <http://cl.exct.net/?ju=fe4f1d7174630c7a7c12&ls=fdf8107677620478761c7276&m=f…>- Wednesday, 7 April 2010, 1:00 - 3:00 PM Eastern Time - $150 nonmembers / $75 NCMA Members. The sustainability movement is fully upon us, and the economic climate is causing building owners and design professionals to look for ways to minimize operational costs. Join us for this webinar and learn how concrete masonry can meet evolving energy-efficiency design requirements. The first hour of this webinar will consist of the presentation, followed by up to one hour of an interactive Q&A session. Register by clicking on this sentence<http://cl.exct.net/?ju=fe4e1d7174630c7a7c13&ls=fdf8107677620478761c7276&m=f…> .* * **For more information about these webinars or other NCMA educational programs, please email me at **drozsa(a)ncma.org*<http://us.mc522.mail.yahoo.com/mc/compose?to=drozsa@ncma.org> *.* * * Sincerely, J. David M. Rozsa, CAE, ACA Manager of Education and Certification National Concrete Masonry Association drozsa(a)ncma.org<http://us.mc522.mail.yahoo.com/mc/compose?to=drozsa@ncma.org> 13750 Sunrise Valley Drive Herndon, Virginia 20171 703-713-1900 (Telephone) 703-713-1910 (FAX) "Concrete Products University," "CPU," "Certified Consultant of Concrete Masonry," "C3M," the C3M logo, and the Concrete Products University logo are trademarks or service marks of the National Concrete Masonry Association. All rights reserved. This email was sent to: *welsharch(a)yahoo.com* This email was sent by: National Concrete Masonry Association 13750 Sunrise Valley Drive Herndon, VA 20171-4662 USA We respect your right to privacy - view our policy<http://cl.exct.net/?ju=fe4d1d7174630c7a7c1c&ls=fdf8107677620478761c7276&m=f…> <http://cl.exct.net/?ju=fe4c1d7174630c7a7c1d&ls=fdf8107677620478761c7276&m=f…> Manage Subscriptions<http://cl.exct.net/?ju=fe5d1d7174630c757514&ls=fdf8107677620478761c7276&m=f…>| Update Profile<http://cl.exct.net/?ju=fe5c1d7174630c757515&ls=fdf8107677620478761c7276&m=f…>| One-Click Unsubscribe<http://cl.exct.net/?ju=fe5b1d7174630c757516&ls=fdf8107677620478761c7276&m=f…> -- 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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The Globe is Warming
by Duane330＠aol.com 07 Mar '10

07 Mar '10

Proof of Man-Made Global Warming Grows 'Stronger' LONDON (March 5) -- Climate scientists have hit back at skeptics with the publication of a new paper that says the case for man-made global warming is now "stronger than ever." An international team of scientists led by Britain's Met Office -- the country's national weather service -- has spent the past year reviewing 110 studies published since 2007 that tracked changes in the earth's climate. Their paper, _published in the journal Wiley Interdisciplinary Reviews: Climate Change_ (http://www3.interscience.wiley.com/journal/123310513/abstract) , concluded that the possibility the world is warming because of natural variations in climate (such as increased volcanic or solar activity) is "increasingly remote." Instead, they firmly pin the blame on man's burning of fossil fuels. "The science reveals a consistent picture of global change that clearly bears the fingerprint of man-made greenhouse gas emissions," said Peter Stott, head of climate monitoring at the Met Office Hadley Centre for climate research. "Our climate is changing now, and it's very likely human activity is to blame." Public confidence in climate science has been knocked by a succession of scandals over the past six months. Revelations that the 2007 report from the _U.N. Intergovernmental Panel on Climate Change_ (http://www.aolnews.com/science/article/un-admits-error-in-overstating-himal…) contained several unverifiable claims, and that the influential climate unit at the University of East Anglia apparently withheld data from skeptics, have led many people to doubt the theory of man-made climate change. Stott says the new Met Office report isn't an attempt to counter this growing wave of skepticism, as the team started work a year ago, long before those so-called Climategate scandals broke. But it is an unashamed attempt to refocus the public debate on the actual science of climate change, rather than claims made about individual scientists in the media. "I hope people will look at that evidence and make up their minds informed by the scientific evidence," _he told the Guardian_ (http://www.guardian.co.uk/environment/2010/mar/05/met-office-analysis-clima…) . His team put together the new set of evidence by comparing computer models of possible causes of climate change, both human and natural, to actual measured changes in air and sea temperature, Arctic sea ice cover, global rainfall patterns and other factors. This forensic technique, known as "optimal detection," reveals how much an observation can be explained by natural changes, such as volcanoes or El Niño, and how much it's attributable to atmospheric increases in carbon dioxide and other greenhouse gases. The study found that the climate system had changed in ways that closely followed the pattern of man-made climate change predicted by computer models. Human activity, it states, is almost certainly the only explanation for climatic variations recorded across the world -- such as the increase of rain in the northern countries and the decrease in the south, or the retreat of Arctic sea ice. Stott dismissed a popular idea put forward by many skeptics that changes in the solar radiation (or "global brightening") could be behind the shifts. "There hasn't been an increase in solar output for the last 50 years," he said, "and solar output would not have caused cooling of the higher atmosphere and the warming of the lower atmosphere that we have seen." _http://www.aolnews.com/world/article/evidence-of-man-made-global-warming-gr ows-stronger/19384663?icid=main|htmlws-main-n|dl2|link3|http%3A%2F%2Fwww.aol news.com%2Fworld%2Farticle%2Fevidence-of-man-made-global-warming-grows-stron ger%2F19384663_ (http://www.aolnews.com/world/article/evidence-of-man-made-global-warming-gr… ://www.aolnews.com/world/article/evidence-of-man-made-global-warming-grows-s tronger/19384663)

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Re: [EC] Net Metering- WV PSC proposes new rules- DEADLINE FORPUBLIC COMMENTS
by John Christensen 07 Mar '10

07 Mar '10

attached is my fact sheet on our net metering bill which failed to be taken up in house judic this year John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: kevin fooce To: jbc329(a)earthlink.net;Frank Young;ec@osenergy.org;wvec-board@yahoogroups.com;matt@getpimby.com;Jonathon Rosenbaum;allantweddle@msn.com;wyro@appalight.com;info@westvirginiasolar.com;grabiner1@aol.com;deniseap@earthlink.net;Donald Garvin;Jim Kotcon;jatkins@opd.state.md.us;alexanderlaw@lawyer.com;blackb23@gmail.com;pjgrunt@lycos.com;garyz@wvcag.org;robin@wvcag.org;Bill DePaulo Sent: 3/5/2010 10:50:17 PM Subject: RE: [EC] Net Metering- WV PSC proposes new rules- DEADLINE FORPUBLIC COMMENTS Increase the 1% limit Increase the size of residential units Automatic transfer of permit Allow more small systems over larger systems one 1 megawatt system makes forty 25 kilowatt systems which may limit the amount of customers, reliability of grid, and also allows for a increase waste energy through line losses. Am I correct in the reading that the utilities will pay for excess en energy at the avoided cost at the end of the yearly period? Just a few thoughts but looks like a good bill otherwise. We do need to make our thoughts known. Kevin Fooce fooce(a)hotmail.com 304-675-6687 EMAILING FOR THE GREATER GOOD Join me From: jbc329(a)earthlink.net To: fyoung(a)mountain.net; ec(a)osenergy.org; wvec-board(a)yahoogroups.com; matt(a)getpimby.com; freesource(a)cheat.org; allantweddle(a)msn.com; wyro(a)appalight.com; info(a)westvirginiasolar.com; grabiner1(a)aol.com; deniseap(a)earthlink.net; dsgjr(a)aol.com; fyoung(a)mountain.net; jkotcon(a)wvu.edu; JAtkins(a)opd.state.md.us; alexanderlaw(a)lawyer.com; blackb23(a)gmail.com; pjgrunt(a)lycos.com; garyz(a)wvcag.org; robin(a)wvcag.org; william.depaulo(a)gmail.com Date: Thu, 4 Mar 2010 14:59:18 -0500 Subject: Re: [EC] Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS I suspect the reason that net metering rules have not been addressed by the power companies is the high probability that these rules were written by them in the first place. When I approached the power company lobbyists about working together on a net metering bill a week or so ago they never even mentioned the comment period going on here. JB John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: Frank Young To: ec@osenergy.org;wvec-board@yahoogroups.com;Matt Sherald;Jonathon Rosenbaum;Allan Tweddle;Chuck Wyrostok;Dan Bowes;Dana Grabiner;Denise Poole;Don Garvin;Frank Young;Jim Kotcon;Joseph Atkins;Matthew Alexander;Michael Blackburn;Paul Wilson;Gary Zuckett;Robin Wilson;John Christensen;Bill DePaulo Sent: 3/4/2010 1:46:39 PM Subject: Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS I learned only today that in early February the WV Public Service Commission opened a new proceeding related to the adoption of proposed new rules for Net Metering and Interconnection for Distributed Generation. This is a very important matter for those of US who are interested in "net metering" issues in West Virginia. I have not yet read the Commission's proposed new rules. The order which includes the proposed new rules is available at: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Procedurally, almost nothing has happened on this case since it was opened a month ago. No public comments have been submitted- not even from the power companies. Public comments will be accepted until April 4th. Then, reply comments will be accepted until May 5th. When the Commission first developed Net Metering rules in 2006, the PSC's staff went to great effort to bring the various interveners together to a "compromise" set of rules- and which the Commission adopted without change. I believe that could well happen again- IF the parties are amenable to this process. So far this is not a proceeding involving formal "interveners". It is a "public comment" type case in which the Commission would presumably weigh the public comments before issuing a final set of rules in this matter. But if there are sufficient requests, the Commission could (but would not have to) re-group and have a more formal proceeding with actual intervening parties. This might or might not be in the best interest of our respective interests in this case / proceeding. One advantage to this NOT being a case with formal interveners is that groups like WV Environmental Council and WV Citizen Action would need not have an attorney to participate as they would if this became a more formal case with legally recognized interveners. Anyway, I wanted to let you know what is happening on this, and we can go from here. I realize that several of you who may be interested in this are currently busy with legislative work. But that should be mostly over by mid-March. Too, since this proceeding was instituted in the midst of the regular legislative session, I suspect that the Commission might honor requests to extend the public comment period. But until we have read the proposed new Net Metering rules, it is probably premature to request the Commission to change the procedural schedule for this matter. Frank ----- Original Message ----- From: Ellars, Jim To: 'fyoung(a)mountain.net' Sent: Thursday, March 04, 2010 8:57 AM Subject: Net Metering and Interconnection for Distributed Generation Mr. Young, I am contacting you because I know you were an intervener in the Commission's last case in 2006 regarding net metering and interconnection rules. In case you didn't know, the Commission initiated a proceeding on 2/2/10 (General Order 258) which is a rulemaking proceeding which includes net metering and interconnection issues. The Commission published proposed rules in its Order, and comments to those rules are due to be filed no later than 4/4/10. I know there are many folks in WV who are very interested in the state's rules regarding net metering and interconnection, so if you know of any parties who may want to file comments and/or participate in this proceeding please pass the word. We have about a month left before comments are due. I would be happy to discuss this with you if you have any questions. Feel free to call me at the number below. Jim James W. Ellars, P.E. Senior Engineer Public Service Commission of West Virginia 304-340-0331 jellars(a)psc.state.wv.us

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Re: [EC] Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS
by John Christensen 05 Mar '10

05 Mar '10

I suspect the reason that net metering rules have not been addressed by the power companies is the high probability that these rules were written by them in the first place. When I approached the power company lobbyists about working together on a net metering bill a week or so ago they never even mentioned the comment period going on here. JB John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: Frank Young To: ec@osenergy.org;wvec-board@yahoogroups.com;Matt Sherald;Jonathon Rosenbaum;Allan Tweddle;Chuck Wyrostok;Dan Bowes;Dana Grabiner;Denise Poole;Don Garvin;Frank Young;Jim Kotcon;Joseph Atkins;Matthew Alexander;Michael Blackburn;Paul Wilson;Gary Zuckett;Robin Wilson;John Christensen;Bill DePaulo Sent: 3/4/2010 1:46:39 PM Subject: Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS I learned only today that in early February the WV Public Service Commission opened a new proceeding related to the adoption of proposed new rules for Net Metering and Interconnection for Distributed Generation. This is a very important matter for those of US who are interested in "net metering" issues in West Virginia. I have not yet read the Commission's proposed new rules. The order which includes the proposed new rules is available at: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Procedurally, almost nothing has happened on this case since it was opened a month ago. No public comments have been submitted- not even from the power companies. Public comments will be accepted until April 4th. Then, reply comments will be accepted until May 5th. When the Commission first developed Net Metering rules in 2006, the PSC's staff went to great effort to bring the various interveners together to a "compromise" set of rules- and which the Commission adopted without change. I believe that could well happen again- IF the parties are amenable to this process. So far this is not a proceeding involving formal "interveners". It is a "public comment" type case in which the Commission would presumably weigh the public comments before issuing a final set of rules in this matter. But if there are sufficient requests, the Commission could (but would not have to) re-group and have a more formal proceeding with actual intervening parties. This might or might not be in the best interest of our respective interests in this case / proceeding. One advantage to this NOT being a case with formal interveners is that groups like WV Environmental Council and WV Citizen Action would need not have an attorney to participate as they would if this became a more formal case with legally recognized interveners. Anyway, I wanted to let you know what is happening on this, and we can go from here. I realize that several of you who may be interested in this are currently busy with legislative work. But that should be mostly over by mid-March. Too, since this proceeding was instituted in the midst of the regular legislative session, I suspect that the Commission might honor requests to extend the public comment period. But until we have read the proposed new Net Metering rules, it is probably premature to request the Commission to change the procedural schedule for this matter. Frank ----- Original Message ----- From: Ellars, Jim To: 'fyoung(a)mountain.net' Sent: Thursday, March 04, 2010 8:57 AM Subject: Net Metering and Interconnection for Distributed Generation Mr. Young, I am contacting you because I know you were an intervener in the Commission's last case in 2006 regarding net metering and interconnection rules. In case you didn't know, the Commission initiated a proceeding on 2/2/10 (General Order 258) which is a rulemaking proceeding which includes net metering and interconnection issues. The Commission published proposed rules in its Order, and comments to those rules are due to be filed no later than 4/4/10. I know there are many folks in WV who are very interested in the state's rules regarding net metering and interconnection, so if you know of any parties who may want to file comments and/or participate in this proceeding please pass the word. We have about a month left before comments are due. I would be happy to discuss this with you if you have any questions. Feel free to call me at the number below. Jim James W. Ellars, P.E. Senior Engineer Public Service Commission of West Virginia 304-340-0331 jellars(a)psc.state.wv.us

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Fw: MTR and Avatar
by Jim Sconyers 04 Mar '10

04 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Thu, 3/4/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: MTR and Avatar To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com>, "Axel C Ringe" <onyxfarm(a)bellsouth.net>, "Gary Bowers" <gb1nature(a)aol.com>, "Gloria Griffith" <gla4797(a)embarqmail.com>, "Katherine Pendleton" <Katibug1959(a)aol.com>, "Mary Mastin" <marymastin(a)twlakes.net> Date: Thursday, March 4, 2010, 12:31 PM A new Sierra Club ad: Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 CONFIDENTIAL LEGAL COMMUNICATION/WORK PRODUCT This e-mail may contain privileged and confidential attorney-client communications and/or attorney work product. If you receive this e-mail inadvertently, please reply to the sender and delete all versions on your system. Thank you.

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Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS
by Frank Young 04 Mar '10

04 Mar '10

Friends, I learned only today that in early February the WV Public Service Commission opened a new proceeding related to the adoption of proposed new rules for Net Metering and Interconnection for Distributed Generation. This is a very important matter for those of us who are interested in "net metering" issues in West Virginia. I have not yet read the Commission's proposed new rules. The order which includes the proposed new rules is available at: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Procedurally, almost nothing has happened on this case since it was opened a month ago. No public comments have been submitted- not even from the power companies. Public comments will be accepted until April 4th. Then, reply comments will be accepted until May 5th. Comments submitted must include reference to Case Number GO258. When the Commission first developed Net Metering rules in 2006, the PSC's staff went to great effort to bring the various interveners together to a "compromise" set of rules- and which the Commission adopted without change. I believe that could well happen again- IF the parties are amenable to this process. So far this is not a proceeding involving formal "interveners". It is a "public comment" type case in which the Commission would presumably weigh the public comments before issuing a final set of rules in this matter. But if there are sufficient requests, the Commission could (but would not have to) re-group and have a more formal proceeding with actual intervening parties. This might or might not be in the best interest of our respective interests in this case / proceeding. One advantage to this NOT being a case with formal interveners is that groups like WV Environmental Council and WV Citizen Action would need not have an attorney to participate as they would if this became a more formal case with legally recognized interveners. Anyway, I wanted to let you know what is happening on this, and we can go from here. I realize that several of you who may be interested in this are currently busy with legislative work. But that should be mostly over by mid-March. Too, since this proceeding was instituted in the midst of the regular legislative session, I suspect that the Commission might honor requests to extend the public comment period. But until we have read the proposed new Net Metering rules, it is probably premature to request the Commission to change the procedural schedule for this matter. Frank ----- Original Message ----- From: Ellars, Jim To: 'fyoung(a)mountain.net' Sent: Thursday, March 04, 2010 8:57 AM Subject: Net Metering and Interconnection for Distributed Generation Mr. Young, I am contacting you because I know you were an intervener in the Commission's last case in 2006 regarding net metering and interconnection rules. In case you didn't know, the Commission initiated a proceeding on 2/2/10 (General Order 258) which is a rulemaking proceeding which includes net metering and interconnection issues. The Commission published proposed rules in its Order, and comments to those rules are due to be filed no later than 4/4/10. I know there are many folks in WV who are very interested in the state's rules regarding net metering and interconnection, so if you know of any parties who may want to file comments and/or participate in this proceeding please pass the word. We have about a month left before comments are due. I would be happy to discuss this with you if you have any questions. Feel free to call me at the number below. Jim James W. Ellars, P.E. Senior Engineer Public Service Commission of West Virginia 304-340-0331 jellars(a)psc.state.wv.us

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Net Metering- WV PSC proposes new rules- DEADLINE FOR PUBLIC COMMENTS
by Frank Young 04 Mar '10

04 Mar '10

I learned only today that in early February the WV Public Service Commission opened a new proceeding related to the adoption of proposed new rules for Net Metering and Interconnection for Distributed Generation. This is a very important matter for those of US who are interested in "net metering" issues in West Virginia. I have not yet read the Commission's proposed new rules. The order which includes the proposed new rules is available at: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Procedurally, almost nothing has happened on this case since it was opened a month ago. No public comments have been submitted- not even from the power companies. Public comments will be accepted until April 4th. Then, reply comments will be accepted until May 5th. When the Commission first developed Net Metering rules in 2006, the PSC's staff went to great effort to bring the various interveners together to a "compromise" set of rules- and which the Commission adopted without change. I believe that could well happen again- IF the parties are amenable to this process. So far this is not a proceeding involving formal "interveners". It is a "public comment" type case in which the Commission would presumably weigh the public comments before issuing a final set of rules in this matter. But if there are sufficient requests, the Commission could (but would not have to) re-group and have a more formal proceeding with actual intervening parties. This might or might not be in the best interest of our respective interests in this case / proceeding. One advantage to this NOT being a case with formal interveners is that groups like WV Environmental Council and WV Citizen Action would need not have an attorney to participate as they would if this became a more formal case with legally recognized interveners. Anyway, I wanted to let you know what is happening on this, and we can go from here. I realize that several of you who may be interested in this are currently busy with legislative work. But that should be mostly over by mid-March. Too, since this proceeding was instituted in the midst of the regular legislative session, I suspect that the Commission might honor requests to extend the public comment period. But until we have read the proposed new Net Metering rules, it is probably premature to request the Commission to change the procedural schedule for this matter. Frank ----- Original Message ----- From: Ellars, Jim To: 'fyoung(a)mountain.net' Sent: Thursday, March 04, 2010 8:57 AM Subject: Net Metering and Interconnection for Distributed Generation Mr. Young, I am contacting you because I know you were an intervener in the Commission's last case in 2006 regarding net metering and interconnection rules. In case you didn't know, the Commission initiated a proceeding on 2/2/10 (General Order 258) which is a rulemaking proceeding which includes net metering and interconnection issues. The Commission published proposed rules in its Order, and comments to those rules are due to be filed no later than 4/4/10. I know there are many folks in WV who are very interested in the state's rules regarding net metering and interconnection, so if you know of any parties who may want to file comments and/or participate in this proceeding please pass the word. We have about a month left before comments are due. I would be happy to discuss this with you if you have any questions. Feel free to call me at the number below. Jim James W. Ellars, P.E. Senior Engineer Public Service Commission of West Virginia 304-340-0331 jellars(a)psc.state.wv.us

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Fw: [fom] WVDEP says EPA lies
by Frank Young 04 Mar '10

04 Mar '10

Anywhere else this would be amazingly unbelievable- that the Director of the state's primary environmental protection agency does not realize that water quality is affected by virtually everything that happens on and under the natural surfaces of the land- whether MTR mining, oil and gas well drilling, road construction, or other industrial activities. DEP Director Randy Huffman must have gotten his environmental degree through a Sears catalog, April fool's day edition. Frank ----- Original Message ----- From: Vernon Haltom To: FOM, List Sent: Thursday, March 04, 2010 10:43 AM Subject: [fom] WVDEP says EPA lies Of course the WV DEP is left out. They're completely useless at best, corrupt at worst. http://www.register-herald.com/todaysfrontpage/x1765871159/DEP-secretary-te… March 3, 2010 DEP secretary tells senators EPA is ignoring state By Mannix Porterfield Register-Herald Reporter CHARLESTON — West Virginia’s environmental troubleshooter says the U.S. Environmental Protection Agency is using the Clean Water Act to go after coal production and other industrial works. Environmental Protection Secretary Randy Huffman complained Wednesday that the EPA has moved the debate from mountaintop removal to clean water, a tactic that could affect all resource industries. “This debate is not any longer about mountaintop mining,” he told the Senate Energy, Industry and Mining Committee. “It’s about water quality. It does relate to surface mining, but it relates to underground mining, other types of mining and other types of industrial activity. The driver is water quality and it affects everything we do.” Huffman pointed out the EPA’s letter opposing the Buffalo Mining plan — one that affects the King Coal Highway — was sent on President Obama’s inauguration day of Jan. 20 of last year. Huffman said an EPA leader “told me with a straight face the timing was purely coincidental.” “I did not believe him,” he said, emphasizing the key role the mining permit plays as a connector between King Coal and Corridor G. “Losing that piece would be a significant loss to the state,” Huffman said. The letter detailed issues that had never been raised to the DEP, the secretary said. “But all of a sudden, it became a crisis as of Jan. 20, 2009,” he said. A year ago, mountaintop mining was the target, but that debate has since disappeared, he said. Rather, the focus is now on clean water, and in all the discussions that ensued, Huffman said, the DEP has been left out of the loop. “When they talked to us, they still have not asked for our opinion on how this water quality definition is to be formulated,” he said. “That’s troubling, but not surprising.” Consequently, he said, the “sudden change of direction” at the federal level has stalled a number of mining applications. While the state is being ignored in the process, Huffman said, legislators and others need to keep in mind that 80 percent of the permitting for every lump of coal is performed at the state level. What’s more, he said, even the U.S. Army Corps of Engineers is being omitted from the process. Huffman pointed to the Spruce Knob permit approved in January 2007 as “the most scrutinized surface mining permit in Appalachian history.” Two years after the permit was approved, the EPA raised objections and has intentions of quashing it, he said. “In the 40-year history of the Clean Water Act, the EPA has only vetoed a dozen 404 (valley fill) permits nationwide,” Huffman said. “We have dozens of permits that are hanging under the threat of veto right now if significant changes are not made by the companies.” In four to six weeks, Huffman said he hopes the DEP can produce a narrative standard to comply with the federal law. “Our biggest mistake we have made and it’s the hook EPA has in our back as a state is we do not have a protocol for enforcing the narrative water quality standard,” he said. “We’re going to do that. I know enough about what the problem is, what the real impacts are.”— E-mail: mannix(a)register-herald.com -- Vernon Haltom Co-Director, Coal River Mountain Watch 304-854-2182 www.crmw.net For a Clean, Just, and Sustainable Appalachia

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Fwd: USEPA Region 4 letter to GAEPD on supporting yardwaste bans
by James Kotcon 04 Mar '10

04 Mar '10

To: Energy Committee: I am circulating this in the hopes you will all be better informed and able to refute the landfill methane arguments. West Virginia has a "ban" on yard waste in landfills, but it is so littered with exemptions, extensions, and loopholes that there is no practical limit. Nevertheless, efforts by some garbage haulers to repeal similar bans are making their way around the various states. Haulers argue that the yard waste could turn the landfill into an energy source via methane. The attached EPA letter debunks that myth. As you may recall, the Club adopted policy changes last year to oppose landfill methane due to the high potential for methane leakage to the atmosphere. Landfills managed for methane production are kept in a wet anaerobic state to maximize methane production, rather than capped and sealed as a "dry cell". Thus, managing landfills for methane production actually can increase the atmospheric emissions of methane. JBK P.S. This letter suggests that 60-90 % of methane is captured from landfills, but the data from the Club policy statement suggests that as much as 80 % of the methane escapes into the atmosphere. Who is correct? >>> Mark Woodall markwoodall(a)windstream.net> 3/4/2010 8:54 AM >> ( mailto:markwoodall@windstream.net> ) Fredsters: As some of you probably know, the greedy scum garbage companies are working hard around the country to repeal the 23 state bans on putting yard trimmings in lined landfills. Yard trimmings in Georgia amount to some 1.5 million tons a year which is close to 25% of the waste stream by weight and 40% by volume. Repeal is being pushing by the garbage giants in Georgia, Florida, North Carolina, Michigan, and Iowa that I am aware of. In 2006, the garbage thugs said we needed repeal due to high gas prices. They have a new lie now: repeal is good for the environment as the waste added will make methane gas for green energy. As one of the industries getting the energy said, that's the stupidest thing we ever heard. Region 4 of the EPA has written a letter to refute the green scam of the repeal. Please find the letter attached. I also have a similar letter from Region 5 in Chicago. The new Sierra Club policy concerning landfill gas to energy may be helpful as well. Somone in Michigan wrote an article on the numbers of more waste and how little methane is produced years later. I can forward to anyone interested in that. In Georgia, we call HB 1059, the repeal bill, the more landfills and out of state waste for Georgia bill. More effective may be the job killer label as1059 will wipe out all the small business guys doing the grinding, composting, mulching, etc. Thanks, Mark Woodall markwoodall(a)windstream.net Sent: Tuesday, March 02, 2010 3:27 PM To: undisclosed-recipients Subject: USEPA Region 4 letter to GAEPD on supporting yardwaste bans Dear State Colleagues -- Attached is a letter that Alan Farmer, USEPA Region 4 RCRA Director, signed out last week in support of a request from Allen Barnes, GAEPD Director -- the letter provides an overview of EPA's policy as it relates to recycling over disposal for energy recovery and the Region's support for continuation of state yard waste bans. As this was sent out yesterday knowing is quickly making its way through the various networks and advocacy groups in the region, I wanted to make sure you had it in case the issue or questions arise that require your attention. I know this is also an issue in the Florida legislative session this year so I suspect there are interested parties that will likely contact FDEP for a similar response. It is a positive step overall -- is similar in many ways to an earlier letter from USEPA Region 5 (Chicago) to the State of Michigan. Please call me if you have any questions. Jay (See attached file: Ga Yardwaste Ban support Ltr -- farmer.PDF) Jay V. Bassett Chief, Materials Management USEPA Region 4 404.562.8559 (w) 404.754.8906 (m) bassett.jay(a)epa.gov ---------------------------------------------------------------------- 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: UPDATE: SB 614 out of Committee but gutted of land owner protection
by Grubb, Karen 03 Mar '10

03 Mar '10

Is this the same as HB 4403? Did it ever get brought up in the House Judiciary? From: Tina Rappaport [mailto:tinazipp@gmail.com] Sent: Wednesday, March 03, 2010 1:54 PM Subject: Re: UPDATE: SB 614 out of Committee but gutted of land owner protection On Tue, Mar 2, 2010 at 11:10 AM, Haverty Family <haverty6(a)frontiernet.net> wrote: Bill's latest blog post below sums up where we are with SB 614 and now we know where Kessler stands. It isn't with us! Here is his email again if you want to let him know one more voter will not forget this. jeff.kessler(a)wvsenate.gov And most of all spread the word to your friends and neighbors, because this guy has his eyes on a bigger office. Ali On Monday, March 1, Senator Jeff Kessler, chairman of the Senate Judiciary Committee, put SB614 on the Committee's agenda for a vote. The bill was passed out of the committee on voice vote and went on to its first reading on the floor of the Senate. But wait. This is not the SB614 that was introduced in the Senate by Senators Unger and Snyder. Senator Kessler, after private discussions with power company lobbyists, used his prerogative as chairman of the Judiciary Committee to offer a committee substitute to SB614 that completely eliminated the most important feature of SB614. Sen. Kessler did not ask for any debate about his changes and rammed the bill through the Committee in a matter of minutes. Sen. Kessler's substitute bill removed the requirement that land owners along the proposed power line route be notified by certified mail. Apparently, Sen. Kessler bought the power company claims that individual notice was "too burdensome" for Allegheny Energy, which regularly pays its CEO enough bonuses to make him the eighth highest paid CEO in the US. I personally told Sen. Kessler last week that the power companies knew who all the land owners already in the PATH case, because as soon as the WV PSC shut the door on new intervenors on July 15, 2009, AEP/Allegheny started contacting land owners about survey agreements. I also told Sen. Kessler that Allegheny Energy already is required to provide personal notice to land owners in power line cases in PA and East Virginia. In fact, Allegheny had to notify all land owners along the PATH line in East Virginia when they filed the PATH case there. Senator Kessler did the dirty work, but he wasn't working for West Virginia property owners. He was working for the out of state energy conglomerates who could care less about our state or our homes. If the bill passes out of the Senate, there is still lots of time to fix SB614 in the House. As Yogi Berra said, "It ain't over till it's over." Bill

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New NASA MTR Photos
by Frank Young 03 Mar '10

03 Mar '10

Here we can see the progression of MTR and valley fills in Boone County over nearly 20 years: http://news.mongabay.com/2010/0302-coal-nasa.html -- "Concrete is heavy; iron is hard--but the grass will prevail." - Ed Abbey _______________________________________________ No New Coal Plants! (nonewcoalplants(a)energyjustice.net) Energy Justice Network http://www.energyjustice.net Un/Subscribe, change your settings or access the archives at: http://mail.energyjustice.net/mailman/listinfo/nonewcoalplants_energyjustic…

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Fwd: [wvec-board] Marcellus Water Bill Passes House!
by James Kotcon 03 Mar '10

03 Mar '10

Start writing our Senators! JBK >>> <dsgjr(a)aol.com> 3/3/2010 11:56 AM >>> HB 4513 just passed on the House floor by a vote of 89 to 8. Hooray!! Now the battle moves to the Senate. Don Garvin WVEC Legislative Coordinator __._,_.___ 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: Nuclear projects face financial obstacles - washingtonpost.com
by James Kotcon 02 Mar '10

02 Mar '10

Nukes are so expensive, and take so long to build, that utilities now want to start charging the ratepayers for plants before construction even begins. Banks, stockholders, and big industrial energy users are objecting. The "Smart Money" won't touch these things. Enjoy. JBK >>> Bill Magavern <Bill.Magavern(a)sierraclub.org> 3/2/2010 12:28 PM >>> http://www.washingtonpost.com/wp-dyn/content/article/2010/03/01/AR201003010…

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Fw: Re: FW: Congratulations, Maria!
by Jim Sconyers 02 Mar '10

02 Mar '10

From: Aaron Isherwood [mailto:aaron.isherwood@sierraclub.org] Sent: Monday, March 01, 2010 12:59 PM To: dbady(a)marshall.edu; janet.ovec(a)gmail.com; vivian(a)ohvec.org; cindyrank; 'Vernon Haltom'; lorelei(a)crmw.net; Judy Bonds; Vernon Haltom; Martinjul(a)aol.com; bpricesc(a)earthlink.net Cc: wvhollowgirl(a)gmail.com Subject: Congratulations, Maria! Hi everyone: I just returned from the huge environmental law conference in Eugene, Oregon, where Maria Gunnoe delivered a keynote address and also joined Kathy Selvage, Pat McGinley, Derek Teaney and me on two MTR panels. Maria's keynote address was electrifying (wind-powered!) -- indeed, the most powerful presentation I've seen in my 15 years of attending the conference. She received a standing ovation at the end, and many, many people told me how deeply moved they were by her words. I am quite confident that her speech recruited a lot of new allies who will actively help support our efforts to end MTR. After her presentation, the conference organizers honored Maria with the 2010 David Brower Lifetime Achievement Award, so please join me in congratulating her! Way to go, Maria, and thank you so much for making the long trip to Eugene! Aaron P.S. I have a limited list of email addresses for WV leaders working on MTR, so I hope you'll help me spread the word. Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 -- 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: March 11 in Clarksburg - PATH opponents should make a showing!
by Grubb, Karen 01 Mar '10

01 Mar '10

>From Bill Howley, winner of WVEC Grassroots activist. ________________________________ From: Tina Rappaport [mailto:tinazipp@gmail.com] Sent: Sat 2/27/2010 10:25 AM Subject: March 11 in Clarksburg - PATH opponents should make a showing! Hi all, If you haven't seen Bill's blog today, I've included it below. Many folks know that the blackouts in their area were due to neglected powerlines and fallen trees, not grid overload. This is a good opportunity to say it publicly!! Please forward to all you can! Let's take 'em by storm!! hahaha My best, Tina Rappaport Bill Howley's excellent blog <http://calhounpowerline.wordpress.com/> WV PSC Public Hearing on WV Power Blackout Coming Up On March 11 <http://calhounpowerline.wordpress.com/2010/02/26/wv-psc-public-hearing-on-w…> The WV Public Service Commission will be holding a public hearing on the December 2009 blackout that struck southern and central West Virginia. The PSC is in the middle of studying the causes of the blackout. The hearing will be held on Thursday, March 11 at 6:00 p.m. at he Harrison County Recreation Complex/4-H Center located on 23 Recreation Drive in Clarksburg. If you have been involved in the fight against PATH, you should try to attend this hearing. The PSC has heard a lot from AEP/Allegheny about how PATH might improve "grid reliability" somewhere on the east coast sometime in the future. Meanwhile, in the here and now in West Virginia, AEP's and Allegheny's distribution system has collapsed from neglect. We need to show up at this hearing to remind the PSC what Allegheny CEO Evanson, the eighth highest paid CEO in the US, said last month: And we'll be vigilant in our efforts to control costs and spending. Our plan is to keep [inaudible] O&M [Operations & Maintenance] flat marking the fifth consecutive year of no increase in costs, an accomplishment I think few can match. One thing is for certain - during those same five years, Mr. Evanson's outrageous salary and bonuses continued to rise, even if Allegheny's spending on its local power lines did not. The WV PSC needs to stand up for West Virginia's electricity users, not consumers in other states - and we need to show up on March 11 and let them know it. See you there. Bring your neighbors. The fact that you may be an intervenor in the PATH case does not prevent you from testifying at this PSC hearing. This is an entirely different case, so all PATH intervenors will be able to speak to the PSC. (Here is a link to a map to the Rec Center) <http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=23+recreation+d…>

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REPORT ON RALEIGH COUNTY TRIAL OF ADAM PAULEY - GUILTY OF ASSAULT ON KAYFORD MOUNTAIN
by William V. DePaulo, Esq. 28 Feb '10

28 Feb '10

*ADAM PAULEY FOUND GUILTY OF ASSAULT * Following a bench trial Friday morning, Raleigh County Magistrate Rick Jones found Adam Pauley guilty of misdemeanor assault for threatening to cut the throat of a mother and her child at Larry Gibson’s 2009 Fourth of July gathering of family and anti-MTR activists on Kayford Mountain. In the same sentence finding Pauley guilty, Jones imposed a $100 fine and placed Pauley on six months unsupervised probation, which he noted will extend through 2010’s Fourth of July event. Was it worth the time and effort of Larry and his friends to obtain a sentence which on its face appears to be fairly paltry; particularly where Pauley offered to plead guilty to the charge before trial, conditioned on the imposition of the same punishment? Larry and those with him Friday believe the answer to that question is yes. Why? There is a broad perception among anti-MTR advocates that the judicial system is stacked solidly against them. The harsh bail terms and sentences passed out to Ground Zero’s tree-top activists, and the ongoing trespassing trial before newly-appointed US District Judge Irene Berger, have convinced some that there is a clear double standard in effect: outrageous crimes against the environment are routinely discounted if not disregarded entirely, while plainly innocuous tree-top political theatre receives the full brunt of the law. So why isn’t a $100 fine, plus probation, for a crime of violence simply more of the same? Because the outcome – although obvious to anyone of the 50,000+ people who have viewed the youtube.com/ video (enter search term “Kayford Mountain”) of Pauley’s assault on the Fourth of July – was not by any means a given in a courtroom in the middle of the coal fields. First, it took the State Police two months to bring the charges, and the Trooper who testified at Friday’s trial stated that he was ordered by his superiors to file the complaint (the Trooper earlier told Larry that he thought the Kayford Mountain gatherings were a “set up” for Pauley and others who have been charged with violence). Second, the prosecutor had not subpoenaed a single witness for the trial. Not the videographer who made the youtube video; not the woman whose life was threatened; not Larry Gibson. No one. Third, not a single journalist appeared (although many were present for a December hearing). Larry showed up on his own, as did “Christians for the Mountains” activist, Sage Russo, and OHVEC’s Dianne Brady. Fourth, entering the Magistrate Court annex building, Larry was subjected to an unnecessarily tactile bodily search by the officer in charge, clearly and openly hostile to Larry (who can’t be missed in his fluorescent yellow anti-MTR hat and jacket). The same officer couldn’t manage to look Larry’s lawyer (yes, briefcase, blue suit, tie, overcoat), in the eye. And, on entering the court room, Pauley’s defense counsel tried to fix the parameters of the role Larry Gibson’s private lawyer expected to play in the criminal proceedings. Response: “When I need your advice on how to practice law, I’ll ask for it.” Fifth, in his opening testimony, Larry Gibson initially was reluctant to testify that Pauley had “placed him in reasonable apprehension of serious bodily injury” – a finding necessary to sustain the charge of assault – because he simply didn’t want to admit he was afraid; call it testosterone-driven testimony. But the tenor of the trial changed, when Pauley -- who exercised his right under the Fifth Amendment not to testify -- made contemptuous sneering smiles, stopping just short of audible laughter, as Larry testified. Magistrate Jones abruptly interrupted the proceedings and advised Pauley that if he didn’t conduct himself properly he would be removed from the trial. Surprised, Pauley straightened up, but too late to affect his trial’s outcome. After the unedited youtube video (with less than perfect audio) played, Pauley’s defense counsel renewed a motion to exclude it from evidence, lamely arguing that Pauley’s gesture of pulling his finger across his throat, while yelling at a woman, could have been an innocent directive to stop talking. Enter the testosterone-free testimony of Sage Russo, who calmly recounted that he was close enough to Pauley to hear him say he’d cut the woman’s throat and her baby’s throat, close enough to observe the father come take the baby out of the mother’s arms and retreat away from Pauley, and observant enough to testify that some people actually ran away from Pauley and his entourage. Pauley was toast. Pressed by defense counsel as to why Russo didn’t run if Pauley was really all that scary, Russo testified that his extensive training in non-violence and peace-keeping had taught him to maintain a distance but never to run, even when threatened with violence, as he was. At the end of the trial, Magistrate Jones did not hand wring over a verdict. Making indirect reference to the MTR dispute as the “ongoing matters in western Raleigh County,” Jones said the merits of that debate had nothing to do with the issues before him -- “People have a right to come together peacefully regardless of their views” – and pronounced Pauley guilty of assault. The message was unambiguous and important: don’t count on judges whom you may think share your political views to bail you out of criminal conduct. The sentence imposed may be viewed as light by some, but would not have been unusual for virtually any other first offense, where no one was physically injured. To that extent, it underscored the broader principle that led to the finding of guilt, and reaffirmed concretely the overriding principle of our jurisprudence -- equal justice under law. That was the saving grace of Friday’s trial. -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

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Fw: Stop Path Health Spot
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: Keryn Newman To: Frank Young Sent: Friday, February 26, 2010 4:56 PM Subject: Fwd: Stop Path Health Spot Frank - here is the completed "health effects" commercial for your review/comment. Keryn Begin forwarded message: From: darla(a)growthmediaservices.com Date: February 22, 2010 9:06:41 PM EST To: "Keryn Newman" <keryn(a)frontiernet.net>, "Patience Wait" <pwaitster(a)gmail.com> Subject: Stop Path Health Spot Patience and Keryn, Attached is the finished commercial from this weekend's shoot. I will get all of your files onto disk and ready for you. Also, Clint mentioned, that you needed a disc on loop for an event, let me know if you want a single spot or all four to loop. Let me know when we can get together for a few minutes so that I can get this to you. Darla Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Frank - here is the completed "health effects" commercial for your review/comment. Keryn Begin forwarded message: > From: darla(a)growthmediaservices.com > Date: February 22, 2010 9:06:41 PM EST > To: "Keryn Newman" <keryn(a)frontiernet.net>, "Patience Wait" <pwaitster(a)gmail.com> > Subject: Stop Path Health Spot > > Patience and Keryn, > > Attached is the finished commercial from this weekend's shoot. I will get all of your files onto disk and ready for you. Also, Clint mentioned, that you needed a disc on loop for an event, let me know if you want a single spot or all four to loop. Let me know when we can get together for a few minutes so that I can get this to you. > > Darla > > Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Fw: Reivised Radio Ads]
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: darla(a)growthmediaservices.com To: Frank Young Sent: Friday, February 26, 2010 11:44 AM Subject: [FWD: Reivised Radio Ads] Frank. Here are the other two radio ads Darla

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Fw: Revised Radio Ads 2nd Batch]
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: darla(a)growthmediaservices.com To: Frank Young Sent: Friday, February 26, 2010 11:43 AM Subject: [FWD: Revised Radio Ads 2nd Batch] Frank, We finally got a break in the weather to get the final videos completed last weekend. Clint will upload them to you later today. In the meantime, here are two of the radio ads... more files to follow. Darla Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Fwd: Mingo County CTL air permit approved.
by James Kotcon 26 Feb '10

26 Feb '10

>>> "Bill Price" <bill.price(a)sierraclub.org> 2/26/2010 9:52 AM >>> http://www.dep.wv.gov/daq/permitting/Documents/R13-2791Notification.pdf Bill Price, Sierra Club EJ Program 922 Quarrier Street, Suite 304 Charleston, WV 25311 Cell 304-389-8822 Fax 304-342-3182

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Fwd: Know how your Congress Is Voting
by Paul Wilson 26 Feb '10

26 Feb '10

I signed up for this. Very useful website. Check it out.. paul p.s. might be something worthwhile to list on our website or in the newsletter under "resources" ---------- Forwarded message ---------- From: <pjpaulgrunt(a)netscape.net> Date: Wed, Feb 24, 2010 at 9:56 AM Subject: Re: Know how your Congress Is Voting To: carolkirschner(a)hotmail.com Cc: pjgrunt(a)gmail.com Thanks, Carol: I did sign up and book-marked their home page. hope all is well with you guys, love, paul -----Original Message----- From: Carol Ann Kirschner <carolkirschner(a)hotmail.com> Mrs. Carol A. Kirschner 520 Hawkins Road East Selden, NY 11784-1943 Phone: 631-732-7670 ------------------------------ From: LAdd259311(a)aol.com Date: Sat, 20 Feb 2010 22:09:07 -0500 Subject: (no subject) To: eaddessi(a)tampabay.rr.com * Helpful info to have a say in our government. If you go to the below web site and sign up, you can track your representatives voting record by e-mail. They will e-mail your representatives voting record for that month. They don't bother you with a lot of junk mail. Just the voting record. I copy and paste it to a file in my Documents so I have their records on hand if necessary. If enough people know about this and send their thoughts and concerns to their representative then we still have a voice. If you are so inclined please pass on. Congress.org - : MegaVote Sign-up<http://www.congress.org/congressorg/megavote/> * = -- 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: TransGas Development Systems, LLC R13-2791
by James Kotcon 26 Feb '10

26 Feb '10

Here we go again!. JBK >>> "Kessler, Joseph R" <Joseph.R.Kessler(a)wv.gov> 2/25/2010 11:02 PM >>> The West Virginia Division of Air Quality has completed its evaluation of all submitted comments and made a final determination to issue Permit R13-2791 (with revisions) to TransGas Development Systems, LLC for construction of a Coal-to-Liquids Plant near Wharncliffe, Mingo County, WV. The final permit and response to comments document are available for download at: http://www.dep.wv.gov/daq. Hard copies will follow in the mail. Sincerely, Joe Kessler, PE Engineer West Virginia Division of Air Quality 601-57th St., SE Charleston, WV 25304 Phone: (304) 926-0499 x1219 Fax: (304) 926-0478 Joseph.r.kessler(a)wv.gov

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Dunkard Creek: Citizens to sue over CONSOL pollution
by Frank Young 25 Feb '10

25 Feb '10

The Sierra Club and the West Virginia Highlands Conservancy just announced that they plan to sue CONSOL Energy to try to force the company to "stop releasing harmful pollution" into Dunkard Creek. For the complete article, including quotes by Sierra's Jim Kotcon and WVHC's Cindy Rank, click on: http://blogs.wvgazette.com/coaltattoo/2010/02/25/dunkard-creek-update-citiz… According to a news release issued by the groups: "Consol's own instream monitoring data show that for years chloride pollution from its operations has exceeded water quality standards. That pollution contributed to a toxic golden algae bloom that killed nearly all the aquatic life in a 35-mile stretch of Dunkard Creek last year on the Pennsylvania border with northern West Virginia." Jim Hecker, environmental enforcement director at Public Justice, is representing the citizen groups along with Derek Teaney of the Appalachian Center for the Economy and the Environment. Hecker said: "The recent Dunkard Creek fish kill was the same wake-up call for the coal industry that the Exxon Valdez spill was for the oil industry."

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Fw: [energy activists] PLEASE FORWARD: Make Calls for Urgent Senate Action
by Jim Sconyers 25 Feb '10

25 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 2/24/10, Christina Yagjian <Christina.Yagjian(a)sierraclub.org> wrote: From: Christina Yagjian <Christina.Yagjian(a)sierraclub.org> Subject: [energy activists] PLEASE FORWARD: Make Calls for Urgent Senate Action To: "Christina Yagjian" <Christina.Yagjian(a)sierraclub.org> Date: Wednesday, February 24, 2010, 2:39 PM PLEASE FORWARD TO YOUR LISTS! Over a dozen environmental groups are joining forces next week for a 72 hour call in from March 2nd - 4th to demand urgent Senate action on clean energy and climate legislation. Our window of opportunity to bring this legislation to the floor this spring is narrowing. We need your help to ensure that the Senate makes this a priority! On Wednesday, March 3rd we are making calls to Sierra Club members in key states and patching them through to their senator's voicemail to leave a message. MAKE CALLS: sierraclub.org/climateleaders HOST A PHONE PARTY: action.sierraclub.org/climateleaders_octphone Hosting a party is easy! We'll send you a script and instructions for using our calling system two days before the phone bank. You won't need a computer, but each caller will need a touch tone phone, so ask everyone to bring their cell. What: Throw a party with your friends to call Sierra Club activists in key states and connect them directly to their senator's office. When: Wednesday, March 3rd from 6-10pm ET, 3-7 pm PT. Join for as long as you can, whether it's few hours or thirty minutes. Training: Join a training call at 6pm ET/3pm PT and again at 8:30pm ET/5:30pm PT on Wednesday to get familiar with the phone banking tool. Where: Your living room! Thanks for all you do, Christina Marie Yagjian National Conservation Organizer Sierra Club, Global Warming and Energy sierraclub.org/climateleaders 202.675.7911

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FW: West Virginia Environmental Council Action Alert
by Beth Little 22 Feb '10

22 Feb '10

_____ From: WVEC - Don Alexander [mailto:paradox@spectrumz.com] Sent: Thursday, February 18, 2010 2:42 PM To: Beth Little Subject: West Virginia Environmental Council Action Alert West Virginia Environmental Council Action Alert February 18, 2010 WVEC <http://www.wvecouncil.org/take_action/index.html> Alerts Archive _____ Finally we have a bill that addresses Marcellus Shale water issues. The bill number is HB 4513, and it is important that you contact your legislators now asking them to support this bill. The main sponsor of the bill is Delegate Tim Manchin. It was drafted with input from both the WV Environmental Council and representatives from the Oil & Gas industry. It's a good start at regulating withdrawl of water for drilling and fracturing these Marcellus shale wells. The bill also contains regulations requiring identification of the contents of frac fluids - and sets up a system for tracking the disposal of those fluids. Please contact members of the House Judiciary Committee - including Chairman Tim Miley, expressing your support for this bill. House Judiciary Members: Tim Miley, Chair (D-Harrison) (304) 340-3252 tim.miley(a)wvhouse.gov Mark Hunt, Vice-Chair (D-Kanawha) (304) 340-3392 mhunt(a)markahunt.com John Ellem, Minority Chair (R-Wood) (304) 340-3394 ellem(a)wirefire.com Patrick Lane, Minority Vice-Chair (R-Kanawha) (304) 340-3275 - no e-mail Larry Barker (D-Boone) (304) 340-3149 no e-mail Bonnie Brown (D-Kanawha) (304) 340-3106 bonnie.brown(a)wvhouse.gov Mike Caputo (D-Marion) (304) 340-3249 no e-mail Michael Ferro (D-Marshall) (304) 340-3111 mike.ferro(a)wvhouse.gov Barbara Fleischauer (D-Monongalia) (304) 340-3169 barbaraf(a)mail.wvnet.edu John Frazier (D-Mercer) (304) 340-3396 jfrazier(a)mail.wvnet.edu Tal Hutchins (D-Ohio) (304) 340-3270 thutch(a)mail.wvnet.edu Linda Longstreth (D-Marion) (304) 340-3124 no e-mail Harold Michael (D-Hardy) (304) 340-3340 no e-mail Clif Moore (D-McDowell) (304) 340-3189 cmoore(a)mail.wvnet.edu Mike Ross (D-Randolph) (304) 340-3145 mikeross(a)mail.wvnet.edu Alex Shook (D-Monongalia) (304) 340-3173 ashook(a)mail.wvnet.edu Doug Skaff (D-Kanawha) (304) 340-3362 doug.skaff(a)wvhouse.gov Sally Susman (D-Raleigh) (304) 340-3183 ssusman(a)mail.wvnet.edu Danny Wells (D-Kanawha) (304) 340-3287 no e-mail Bill Wooton (D-Raleigh) (304) 340-3164 wrwooton(a)mail.wvnet.edu Bill Hamilton (R-Upshur) (304) 340-3167 bill.Hamilton(a)wvhouse.gov John Overington (R-Berkeley) (304) 340-3148 john(a)overington.com Robert Schadler (R-Mineral) (304) 340-3191 rschadler(a)comcast.net Patti Schoen (R-Putnam) (304) 340-3141 pschoen(a)mail.wvnet.edu Kelli Sobonya (R-Cabell) (304) 340-3175 sobonya-4wvhouse(a)aol.com Talking Points / Reasons to Support HB 4513 Protecting State Water Resources from Marcellus Gas Well Drilling HB 4513 establishes additional requirements for the drilling and fracturing of Marcellus Shale gas wells. These requirements are necessary in order to protect rivers and streams from becoming dewatered by stream withdrawals or contaminated by disposal of wastewater produced in the drilling and fracturing process. The bill would require that prior to drilling, fracturing or stimulating Marcellus Shale gas wells that use large volume fracs, operators must submit the following information to WV DEP's Office of Oil and Gas: * Type of water source (surface, underground or groundwater) and county of origin * GPS data of withdrawal location * Anticipated volume of each withdrawal * Anticipated months when water withdrawals will be made * Planned management and/or disposition of wastewater * Additives to frac fluids and material data safety sheets For surface water withdrawals, a water resources protection plan that includes the above information, and measures to be taken to allow the state to manage water quantity. The Plan must include the following: * Current designated and existing water uses, including public water intakes within one mile downstream * Demonstration of sufficient instream flow immediately downstream * Use of the DEP Water Use Guidance Tool as a measurement of flow * Measures to protect fish Further, the bill mandates that operators keep records of their handling of frac water, including the quantity of flowback water, the quantity of produced water, and the method of disposal of flowback and produced water. For disposal of these waste waters, operators must keep records of the quantity of all water transported to disposal facilities, the collection and disposal locations of all waste water, and the name of the water hauler. _____ Don <mailto:paradox@spectrumz.com> Alexander WVEC E-mail List Coordinator Subscribe or <http://www.wvecouncil.org/take_action/> Unsubscribe Online Donate Online <http://www.wvecouncil.org/join/> No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.733 / Virus Database: 271.1.1/2693 - Release Date: 02/18/10 14:34:00

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<CRU> Climate Change Data Sets Are Huge
by duane330＠aol.com 18 Feb '10

18 Feb '10

Science 19 February 2010: Vol. 327. no. 5968, p. 934. [DOI: 10.1126/science.327.5968.934] News of the Week, Newsmaker Interview by Eli Kintisch Embattled U.K. Scientist Defends Track Record of Climate Center Phil Jones is at the center of a swirling controversy over e-mails stolen or leaked from the Climatic Research Unit (CRU) at the University of East Anglia in the United Kingdom, which he has directed since 2004. In the 3 months since those messages came to light, Jones has been battered by criticism that the e-mails reveal a failure to share climate data publicly and an effort to prevent certain papers from being cited in international climate change reports. He's stepped down temporarily from his job to allow for an independent inquiry, and he's been treated for depression. But Jones hasn't walked away from the battlefield. "I've got no agenda here. I'm not a politician. I'm just a scientist," he told Science during an interview last week from the University of East Anglia. Jones declined to talk about allegations concerning the hacked e-mails, citing the ongoing investigation. But he forcefully defended the quality of the center's efforts to create a global temperature database, which points to an average 0.1°C warming of Earth's land areas per decade since 1900. That work earned him a 2002 medal from the European Geosciences Union, among other acclaim. Here are some highlights from the interview. Q: If the CRU data set were set aside, are there other data that corroborate your findings about rising temperatures? P.J.: There's the two other data sets produced in the U.S. [at NASA and the National Oceanic and Atmospheric Administration]. But there's also a lot of other evidence showing that the world's warming, by just looking outside and seeing glaciers retreating, the reduction of sea ice ... overall, the reduction of snow areas in the Northern Hemisphere, the earlier [annual] breakup of sea ice and some land ice, and river ice around the world, and the fact that spring seems to be coming earlier in many parts of the world. Q: Critics say that your producing the same trends as the NASA and NOAA data sets is insignificant given that you start with the same raw data. CREDIT: UEA P.J.: There are differences. The two American sets use a larger number of [temperature] stations than we do. They both use about 7200 stations, and we use about 5000 stations. But we look at that data in different ways and have different techniques for deciding whether the stations are used or not. Q: One of the real challenges is going from the available raw data to the final temperature sets that you release. Do you feel that you have released enough information that someone could repeat that exercise? P.J.: Yes, I feel they have. [Our papers] have been peer-reviewed; we've been doing this work for almost 30 years now. [NOAA] has something called the Global Historical Climatology Network, and people can download the station data—it's essentially the same data, it may not be exactly the same—they could go and take that data, make their own choices about what stations to use, ... they could reproduce their own gridded temperature data. A lot of the people at the moment criticize what we do but [are not doing] anything constructive and new. Q: A sticking point with some of your critics has been how much of the data isn't available. P.J.: We've been putting up more of the data online on the U.K. Met Office site [covering] 80% of the stations we use. You can download the data and you can download the program we use to produce the data sets. Q: One concern is whether there are adequate procedures in place to assure the quality of this data. P.J.: That's the sort of work we've done in the past and published in the papers. Q: You've emphasized that you have a small staff. Would more people checking these data be a useful thing? P.J.: It could be useful, but then we've got to bring them up to speed in terms of what we're looking for. ... The national meteorological services [which provide the raw numbers] are doing quality control on this data before it even reaches us. Q: When during your career has pressure from outsiders to criticize or, as you would put it, "distort" your work become significant? P.J.: In 2007, [as] the blog sites started then. I had responded to some of these people in years earlier but had given up. ... I just didn't have the time to respond. They didn't seem to want to understand. Q: One of the skeptics who wanted station data was Warwick Hughes. What did you mean when you wrote in an e-mail to him that "even if WMO [World Meteorological Organization] agrees, I will still not pass on the data. We have 25 or so years invested in the work." P.J.: I'd rather not go there. It was an e-mail written in haste. Q: When did the pressure become severe? P.J.: In July 2009, we received 60 Freedom of Information requests in a few days—each request was for five countries' worth of data. We probably should've responded to these requests in a different way. We stand by the science that we were doing. Maybe we need to be more proactive and open about releasing data. But the 60 requests were just too much to deal with at that one time. Q: Do you have any regrets about how you handled the chapter you've co-authored in the 2007 IPCC report? P.J.: No regrets, but I don't really want to go talking about IPCC. I stand by that chapter. Q: Why are you speaking out now? P.J.: It just seems like the right time. It was too difficult back in November and December. Science. ISSN 0036-8075 (print), 1095-9203 (online) "that's my story and I'm sticking to it"

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Fw: Register-Herald re Sierra Club MTR litigation victory - Powellton
by Jim Sconyers 18 Feb '10

18 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 2/17/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: Register-Herald re Sierra Club MTR litigation victory - Powellton To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com> Date: Wednesday, February 17, 2010, 4:32 PM Judge rules against Powellton for Clean Water Act violations Published: February 16, 2010 03:42 pm Judge rules against Powellton for Clean Water Act violations By Courtney D. Clark The Register-Herald A federal judge has ruled in favor of the Sierra Club and the Ansted Historic Preservation Council in a federal Clean Water Act and Surface Mining Control and Reclamation Act enforcement action against Powellton Coal Co. Powellton Coal has as a mining complex in the Jodie/Ansted area. According to the AHPC, which filed suit with the Sierra Club in November 2008, Powellton has three Clean Water Act permits that govern discharges into the Rich Creek tributary of the Gauley River. “This is about water … the quality and the quantity of water,” Katheryne Hoffman, president of the Ansted Historic Preservation Council, told The Register-Herald. The plaintiffs stated that between March 1, 2006, and March 31, 2009, Powellton Coal accrued at least 6,767 violations of the Clean Water Act and SMCRA as a result of its discharges in the nation’s waters. On Feb. 3 in Charleston, U.S. District Judge John T. Copenhaver Jr. denied Powellton’s motion for summary judgment. However, the judge did not give the Preservation Council and Sierra Club a full victory as their motion was in part granted and in part denied. The plaintiffs alleged violations of 20 to 30 outfalls on each permit, and according to the AHPC, Copenhaver ruled in their favor on 18 of those violations. Copenhaver denied the remainder of the parameters until he can hear more evidence that proves the violation is ongoing. Hoffman says she believes the suit is another step forward in holding Powellton Coal accountable. “Rich Creek is a trout stream, which flows into the Gauley River, thus into the New and the Kanawha, potentially polluting all,” she continued. “The near areas to this operation are riddled with old mine works and tunnels, which hold water. Blasting and removal of the soil and trees and undergrowth could easily result in flooding in the Ansted/Jodie area.” Many of the rocks in the area are silica and one of the coal seams is full of toxic selenium, she added, explaining Powellton’s permit states that if the toxin is not handled quickly and correctly, damage could be irreversible. “Gauley Mountain is rich in history, the scene of the greatest industrial accident ever to occur in this country,” Hoffman said, referring to those who died at Hawks Nest Tunnel. “Its mountains are steep; the forests are beautiful and wild. Its trails are perfect for hiking, four-wheeling and birding.” The potential for tourism in the area is being overlooked, she says. “If coal is to be mined, it should be underground,” she added. “The MTR (mountaintop removal) method is too destructive. “Companies should protect their underground miners and obey the existing laws put in place to care for the environment and the citizens. The future of Fayette County depends on it.” The AHPC said there is no specific time frame set for a trial on the remaining violations or the determination of Powellton’s punishment. A spokesman for Powellton Coal declined to comment.

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Fwd: [WVaPATH] A little more info on HB4403
by Jim Sconyers 16 Feb '10

16 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 2/16/10, Tina Rappaport <tinazipp(a)gmail.com> wrote: From: Tina Rappaport <tinazipp(a)gmail.com> Subject: Fwd: [WVaPATH] A little more info on HB4403 To: Date: Tuesday, February 16, 2010, 8:29 AM This just in from Ali Haverty & Bill Howley (Calhoun Cnty). Please continue to pass along this information!! Thanks! My best always, Tina Rappaport,Calhoun ---------- Forwarded message ---------- From: Haverty Family <haverty6(a)frontiernet.net> Date: Tue, Feb 16, 2010 at 8:02 AM Subject: Fwd: [WVaPATH] A little more info on HB4403 Update from Bill on our first little victory is below, please read! As he mentions below, 4403 is now on the EIL agenda for Feb. 24 because of you and many others across the state doing a little something! Bill mentions below that it is important to contact the whole committee, let's start with Walker and reply to the group if you get any word from him. Or if you have good info on another delegate, let's share to save time and resources. Any other suggestion anyone? Thanks to all, Ali Energy, Industry & Labor/ Economic Development & Small Business Committee Committee MembersDelegate Barker - Chair Energy, Industry and Labor larry.barker(a)wvhouse.gov 304 340-3149 Delegate Shaver - Vice-Chair Energy, Industry and Labor sshaver(a)mail.wvnet.edu 304 340-3146 placed 4403 on agenda Delegate Kominar - Chair Economic Development and Small Business kominar(a)verizon.net 304 340-3186 Delegate Craig - Vice-Chair Economic Development and Small Business kjcraigwv(a)aol.com 304 340-3350 Delegate Sobonya - Minority Chair Energy, Industry and Labor sobonya4wvhouse(a)aol.com 304 340-3175 Delegate Miller, C. - Minority Vice-Chair Energy, Industry and Labor carolmil(a)mail.wvnet.edu 304 340-3176 Delegate Blair - Minority Chair Economic Development and Small Business craig(a)delegatecraigblair.com 304 340-3122 Delegate Andes - Minority Vice-Chair Economic Development and Small Business tandes(a)mail.wvnet.edu 304 340-3121 Delegate Brown bbrown1(a)mail.wvnet.edu 304 340-3106 Delegate Butcher gbutcher(a)mail.wvnet.edu 304 340-3113 Delegate Caputo mike.caputo(a)wvhouse.gov 304 340-3249 Delegate Fleischauer barbaraf(a)mail.wvnet.edu 304 340-3169 co-sponser of 4403 Delegate Guthrie nguthrie(a)mail.wvnet.edu 304 340-3156 Delegate Klempa oklempa(a)mail.wvnet.edu 304 340-3378 Delegate Mahan vmahan(a)mail.wvnet.edu 304 340-3102 Delegate Manypenny mmany(a)mail.wvnet.edu 304 340-3139 co-sponser of 4403 Delegate Marshall chmarsh(a)mail.wvnet.edu 304 340-3900 supports 4403 Delegate Martin dmartin1(a)mail.wvnet.edu 304 340-3134 Delegate Paxton bpaxton(a)mail.wvnet.edu 304 340-3337 Delegate Skaff dskaff(a)mail.wvnet.edu 304 340-3362 Delegate Walker dwalker(a)mail.wvnet.edu 304 340-3135 Calhoun/Clay delegate Delegate Hamilton bhamilt(a)mail.wvnet.edu 304 340-3167 Delegate McGeehan mcgeehan(a)mail.wvnet.edu 304 340-3120 Delegate Schoen pschoen(a)mail.wvnet.edu 304 340-3141 Delegate Shott jhshott(a)mail.wvnet.edu 304 340-3179 Begin forwarded message: From: Bill Howley <billhowley(a)hughes.net> Date: February 15, 2010 7:04:27 PM EST To: WVaPATH Subject: [WVaPATH] A little more info on HB4403 Del. Stan Shaver, acting chairman of the House Energy, Industry & Labor Committee, is in a bit of a bind. Chairman Barker had most of his committee meeting agendas set for the next week or so with bills that the Chairman wanted to take up. Del. Shaver is on our side, but he also does not want to make Chairman Barker mad by bumping a bill Del. Barker wanted. I have just heard that Del. Shaver was able to put 4403 on the EIL Committee's agenda for Wednesday, Feb. 24. That is great, because that is E-Day when a lot of us will be at the Capitol. Del. Shaver made the extra effort and went to House Speaker Rick Thompson to get permission to hold a special committee meeting to consider some extra bills pending in the committee, including 4403. Between now and Feb. 24, we need to call all the EIL committee members to urge them to support HB4403. Here are some talking points to use: 4403 will protect the rights of property owners by giving them individual notice at the beginning of the PSC process so they can participate in the transmission line case. New transmission projects that will be coming before the PSC are bigger regional lines with multi-state impacts. 4403 would require that the PSC put the interests of WV consumers and land owners ahead of power companies' regional profit making ventures. New transmission projects have wide ranging impacts. 4403 will require the PSC to consider the full range of these impacts when they decided on certificates of need.Try to stay away from discussion of specific power line projects like TrAIL and PATH. Don't focus on issues like coal or other environmental issues. 4403 is about giving property owners the ability to protect their property and for West Virginians to participate fully in the PSC process leading to better outcomes in the future. This bill is about the PSC and how it operates. That is what legislators will want to know about. If we stay focused on the PSC process, we can win a lot of supporters who may not understand all of the complexities of PATH and TrAIL. Keep it simple. Stay focused on the talking points. Two or three votes next Wednesday in the EIL Committee will make us or break us. Start by calling some of the committee members who you don't think will support us. Call a few who you think might need to know more about it. Don't waste a lot of time talking to people who will already vote for the bill like Barbara Fleishauer or Charlene Marshall. Concentrate on the people we will need to convince. We discovered today with Stan Shaver that phone calls matter. He would never have gone out of his way to talk to the House Speaker if he hadn't heard from a lot of people in the last few days about 4403. Keep up the good work. Bill __._,_.___ Reply to sender | Reply to group RECENT ACTIVITY: New Members 1 Visit Your Group Start a New Topic Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use . __,_._,___

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Fwd: [WVaPATH] A little more info on HB4403
by James Kotcon 16 Feb '10

16 Feb '10

HB 4403 is our PSC Reform Act. It would require written notification of landowners along proposed transmission line routes, and consideration of indirect impacts, pretty much all the problems we found wrong with TrAIL. The attached e-mail says it all. Now is the time to get calls to the House Energy, Industry and Labor Committee members. Please call a few members who you have not talked to before. Jim Kotcon

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Fwd: ATTEND: coal activist call Wedn, Feb 17, 7 PM CT/ 8 ET
by Paul Wilson 15 Feb '10

15 Feb '10

fyi, paul, incase you are not on this listserve.... ---------- Forwarded message ---------- From: Verena Owen <verena_owen(a)prodigy.net> Date: Mon, Feb 15, 2010 at 10:36 AM Subject: ATTEND: coal activist call Wedn, Feb 17, 7 PM CT/ 8 ET To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org Friends, I hope you can join us for our next coal activist call on WEDNESDAY February 17 at 7PM CT/ 8ET. We will use our regular call-in number 1.866.501.6174 224.0743# Draft Agenda: 1. Introductions and social five minutes 2. Updates on old coal, new coal, destructive mining, and dirty fuels 3. Kurt Zwally, our MTR legislative staffer in DC, will talk about his work and upcoming events 4. Mini-workshop on the coal small grants program, SEE attached application 5. Roundup of what is happening in the states - please bring your stories, questions, concerns I am looking forward to talking to y'all! Verena Verena Owen Volunteer Co-Lead Beyond Coal Campaign verena.owen(a)sierraclub.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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Governor's ash op-ed
by James Kotcon 14 Feb '10

14 Feb '10

Below is an op-ed released by the Governor's office, and posted on his web site at: http://www.wvgov.org/sec.aspx?id=32&articleid=1943 Ken Ward noted this on his Coal Tattoo blog: http://blogs.wvgazette.com/coaltattoo/2010/02/12/manchin-to-epa-leave-our-c… I am concerned that the Governor is misinformed (perhaps being deliberately misleading or misled) and that we need to prepare a substantial response. What the Governor calls "years of proven beneficial uses" is in reality, years of turning a blind eye to the hazards. There are very few comprehensive monitoring data available, and both EPA and the National Academies of Sciences have had to generate new data to write their reports of the actual risks, in large part because no one was previously required to monitor for the hazards in their ash. Even worse is the "green-washing" of calling land application "recycling". If I take my waste and dump it on the ground, it is called littering, or worse. If I dump it by the truckload, it may be a felony. But if a coal company does it, the Governor calls it "recycling". Is this what you think of when you hear the word "recycling". Is it time to call for a moratorium on new Coal Combustion By-product permits, at least for those permits claiming a "beneficial use"? How about an op-ed response? Or a letter to EPA and OMB? JBK >>>>> OP-ED: COAL ASH A BENEFICIAL RESOURCE IF SAFETY CONCERNS ARE PUT FIRST By: West Virginia Governor Joe Manchin, Chairman of the Southern States Energy Board Contact: Matt Turner, 304-558-3702 The U.S. Environmental Protection Agency is expected to propose new federal rules that would designate coal ash — a byproduct of using coal to generate electricity — as a “hazardous” waste. Such a decision would cause significant economic and environmental damage and I implore the EPA to evaluate the facts about coal ash recycling before making a decision. Coal fly ash has received a lot of attention following the December 2008 failure of a fly ash slurry impoundment in Tennessee. The safety of our citizens always takes first priority and every state should closely examine their fly ash impoundments, as our Department of Environmental Protection has done in West Virginia in the last year. But we must also separate the issues of the safety and benefits of the material and the faulty design and construction of the dam, which caused that horrible environmental tragedy in Tennessee. Jumping to classify coal ash as hazardous waste would neglect many dozens of years of proven beneficial uses of this byproduct. Hastily raising its status to “hazardous” could actually cause more environmental harm and place undue financial burden on countless thousands of Americans. According to EPA’s own figures, about 45 percent of all the coal ash generated by electric utilities in the country today is reused or recycled. Coal ash recycling is a multi-billion dollar industry that provides thousands of truly green jobs across our country. This reduces landfills and these beneficial products diminish acid mine drainage – a problem in many parts of the country. The EPA proposal would shut down the many U.S. businesses that recycle coal ash and similar materials into dozens of different products we use every day — from concrete to gypsum wall boards to roof shingles. According to the Electric Power Research Institute, designating coal ash as hazardous material would shut down 411 coal-based electric generating units in the Midwest and Southeast, costing some regions as much as 14 percent of their generating capacity. Industry figures show that in 2007, the cement and concrete industry used more than 14 million tons of coal ash. And, every year, thousands of concrete construction projects use coal combustion byproducts. For example, following the 2007 collapse of the Interstate 35W bridge in Minneapolis, the replacement span was built with high-performance concrete that uses coal ash. In West Virginia, coal ash was used to build the world-famous New River Gorge Bridge and the West Virginia Culture Center. The California Department of Transportation requires that concrete used in its construction projects contain at least 25 percent coal ash. This past year, the gypsum wallboard industry relied on more than 8 million tons of a material recycled from fly ash, called flue-gas desulfurization gypsum. In 2007, more than 56 million tons of ash were recycled for beneficial uses. The safety of fly ash was evaluated in 2000 by the Clinton administration, which determined after an exhaustive analysis that coal ash should not be designated as a “hazardous” waste. In fact, in the 10 years since that decision, the EPA has calculated that ash recycling by the cement and concrete industry alone has reduced carbon emissions by a staggering 117 million tons. For comparison, all the SUVs on our country’s roads emit about 70 million tons of carbon each year, according to the environmental group, Environmental Defense. This view is not uncommon. Every key federal agency that has weighed in on the issue — the departments of Energy, Interior, Agriculture and Transportation, the Small Business Administration, and the Army Corps of Engineers -- opposes regulating coal ash as hazardous waste. In addition, dozens of state policymakers, including groups like the National Governors Association and the Environmental Council of the States, along with numerous state environmental protection agencies, also oppose the designation of coal ash as hazardous waste. More than three dozen industry groups and individual companies — those whose businesses rely on coal combustion products — have made it clear that hazardous waste regulation is unnecessary and would have a devastating impact on the recycling of coal ash. Coal fly ash has many beneficial uses and deeming it a “hazardous waste” could have devastating consequences on industries that use this product, and on the families who rely on the jobs related to coal combustion products. In addition, the elimination of the recycling of fly ash because of such a designation would cause a significant negative environmental impact and actually could increase the carbon released to the atmosphere. For the sake of our environment, our economy, and our citizens who rely on the products and jobs from coal fly ash recycling, let’s hope the EPA and federal government consider these facts and make the right decision. Designating this material as hazardous is wrong. # # #

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Fwd: [wvec-board] Fwd: polluter harmony.com video
by James Kotcon 13 Feb '10

13 Feb '10

The attached link goes to a video that helps highlight Sen. Lisa Murkowski's efforts on behalf of the Clean Air Act. Enjoy & Happy Valentines. JBK

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Obama backs nuke loan guarantees
by Jim Sconyers 13 Feb '10

13 Feb '10

http://wvgazette.com/ap/ApTopStories/201002130095 Obama backs construction loans for nukes. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Fwd: [WVaPATH] HB 4403 needs to be pushed hard
by James Kotcon 12 Feb '10

12 Feb '10

Jim, et al.: The time is now. Our PSC Reform Act to correct transmission line siting abuses (HB 4403) was introduced this week and is in the Energy, Industry and Labor Committee. We need to get phone calls, e-mails, and letters to the Committee members, and especially the Chair to encourage them to take up and pass the bill. Contact info for House members is at: http://www.legis.state.wv.us/House/members/delmemview1.cfm Or you can leave a message toll-free at 1-877-565-3447. Start those calls today! JBK Committee Members Delegate Barker - Chair Energy, Industry and Labor Delegate Shaver - Vice-Chair Energy, Industry and Labor Delegate Kominar - Chair Economic Development and Small Business Delegate Craig - Vice-Chair Economic Development and Small Business Delegate Sobonya - Minority Chair Energy, Industry and Labor Delegate Miller, C. - Minority Vice-Chair Energy, Industry and Labor Delegate Blair - Minority Chair Economic Development and Small Business Delegate Andes - Minority Vice-Chair Economic Development and Small Business Delegate Brown Delegate Butcher Delegate Caputo Delegate Fleischauer Delegate Guthrie Delegate Klempa Delegate Mahan Delegate Manypenny Delegate Marshall Delegate Martin Delegate Paxton Delegate Skaff Delegate Walker Delegate Hamilton Delegate McGeehan Delegate Schoen Delegate Shott >>> "John Christensen" <jbc329(a)earthlink.net> 2/12/2010 8:26 AM >>> HB 4403 is the transmission line siting bill on the house side requiring notice to be sent to landowners et al....we must get it out of EIL this week coming in order to move it through the house. Lets light up the phone, email, and snail mail lines to get it on the agenda in that committee. Barker is the chair. John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org __._,_.___ Reply to sender | Reply to group Recent Activity: Visit Your Group Start a New Topic MARKETPLACE Going Green: Your Yahoo! Groups resource for green living Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Fwd: [wvec-board] Wind Turbine Indiana Bat mortality
by James Kotcon 11 Feb '10

11 Feb '10

FYI. JBK >>> Dave Cowan <dcowan(a)frontiernet.net> 2/11/2010 6:11 PM >>> FYI, the first confirmed kill of an Indiana Bat by a wind turbine. http://www.fws.gov/midwest/News/release.cfm?rid=177 Dave Cowan __._,_.___ Reply to sender | Reply to group Messages in this topic (2) Recent Activity: Visit Your Group Start a New Topic MARKETPLACE Going Green: Your Yahoo! Groups resource for green living Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Re: [EC] WV Net Metering Summary
by John Christensen 07 Feb '10

07 Feb '10

This is something I found this am concerning net metering programs and how WV ranks near the bottom as is...we got an F as usual, where as Va. got a C. John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: John Balasko To: jbc329@earthlink.net;fyoung@mountain.net;jkotcon@wvu.edu;billhowley@hughes.net;ec@osenergy.org;mjmb@westco.net;Larry;WVBiker98@aol.com Sent: 2/6/2010 11:39:44 PM Subject: WV Net Metering Summary The attachment contains a summary of WV's net metering "rules" as they now stand. I've copied from the site in case you are not able to open the attachment. http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=WV03R&re=1&… West Virginia - Net Metering Last DSIRE Review: 07/02/2009 Program Overview: State:West Virginia Incentive Type:Net Metering Eligible Renewable/Other Technologies:Photovoltaics, Landfill Gas, Wind, Biomass, Hydroelectric, Fuel Cells, Small Hydroelectric Applicable Sectors:Commercial, Residential Applicable Utilities:All utilities System Capacity Limit:25 kW Aggregate Capacity Limit:0.1% of utility's total load participation (utility tariff provision) Net Excess Generation:Credited to customer's next bill at retail rate REC Ownership:Not addressed Meter Aggregation:Not addressed Authority 1: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 12/12/2006 Authority 2: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 1/26/2007 Authority 3: HB 103 Date Enacted: 06/02/2009 Date Effective: 07/01/2009

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