MVCAC January 2007

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1 participants
6 discussions

City Council To Formally Consider Cool City Status
by Duane330＠aol.com 31 Jan '07

31 Jan '07

Update, information, report: I went to two meetings this week. On Monday night I went to the Morgantown Cools City Committee meeting. At their meeting they strategized for their up and coming Tuesday night meeting with the City Council. They were number 5 on the list of groups that were to present their case. I was impressed at how determined and clear sighted every member of the committee was to their cause. They planned for who would speak at the City Council meeting and what each member would talk about. Last night, Tuesday, the City Council met and the Cool City Committee was in attendance, along with support people, including myself. When their turn came up, #5, the City Council officials took the floor! They were replete with praise for the Sierra Club and the Clean Air Coalition. They thanked these groups officially for bringing the Cools Cities agenda to them. They reviewed the twelve point Kyoto Protocol listed by the U.S. Mayors Climate Pretection Agreement ( provided by the Sierra Club) and talked about steps they have already taken, and will continue to take, in order to address these critical actions. I wasn't sure if this sounded as good to everyone else as it sounded to me until Jim Kotcon stood up, turned around to all of us and said, "We won!!!" We were all aglow with joy. Of course Jim Kotcon and Joshua Rutkowski went immediately to the hallway and started to plan the next move, but even Jim took a few minutes to just be happy. So, someone from the committee can add details to this note, my intention was to sing your praises. Please pass this note on to Cool City Committee members who are not on the Energy Committee and thereby in my address book. Good work. Thank you Barbara Fallon, Sierra Club's Energy Committee ____________________________________

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PSC hearing yesterday.
by Duane330＠aol.com 25 Jan '07

25 Jan '07

To: MVCAC Testimony was entered by Duane Nichols, Charles Yuill, and Adam Polinski to the WV Public Service Commission yesterday regarding the environmental impacts of the proposed changes to the Longview power plant. Our attorney, Phillip Gaujot, did an excellent job of presenting our case and of posing questions to the single Longview witness, Chris Colbert. Colbert gave what we consider to be vague and incomplete answers, but the two Commissions present, were not apparently concerned about his lack of specificity and meager amount of information. Mr. Shaw has resigned from the Commission. [The Governor must appoint a Republican lawyer to replace him, since both major parties must be represented and since at least one must be a lawyer....neither Chairman Jon McKinney nor Edward Staats are lawyers.] ............The PSC Staff recommended that the changes be approval, with a list of 10 or 11 stipulations. Our position is that the increased steam plumes are significant and should be the reason for greater evaluation, i.e. a "material" modification. Neither the Staff nor the Commissions are particularly inclined to side with us. In any case, the final decision will not be made until after a Briefing Schedule has transpired: Initial Briefs due Jan. 29th, Reply Briefs due January 31st, and Final Briefs due February 2nd. .......................We are very unhappy with this schedule, because Briefs are to be submitted without the benefit of the Transcript, which will not be ready in time for use during this schedule. ............... Duane Nichols, Convener, MVCAC

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power line thru Virginia..?
by Duane330＠aol.com 22 Jan '07

22 Jan '07

[[note the paragraph that is underlined...........]] Preservationists Resist Proposed Power Line BROAD RUN, VA (AP) - The landowners and preservationists in Virginia’s hunt country have taken on Disney and won, so a battle against the state’s dominant utility over a proposed high-voltage power line leaves them undaunted. The Piedmont Environmental Council, which more than a decade ago famously fought off a proposed Disney theme park in rural Prince William county, is gearing up for battle over some of the same turf - this time a 40-mile section of a proposed multistate power line that cuts through pristine fields and mountains but utilities say is badly needed to meet growing demand and buck up the Northeast region’s electrical grid. The council held a press conference with its brightest star, actor Robert Duvall, to denounce plans to run the line through parts of Fauquier, Loudoun, and Prince William counties that have generally remained preserved despite the Washington, D.C. region’s exploding growth. Duvall, a Fauquier County resident who was also active in the 1990s in opposition to the proposed Disney’s America theme park, said he believes the region ’s residents are even more united against the power line. “ There were people who were for the Disney park back then,” said Duvall, who has consistently supported the region’s preservation efforts but only rarely steps into the spotlight on the issue. “I think everybody is against this. People are up in arms.” The council placed weather balloons 12 stories in the air along the proposed route to simulate the impact the lines would have on the region’s viewshed. In some spots, the balloons dominated a landscape that was largely pristine, dotted by historic sites including Civil War battle sites and the home of former Supreme Court Justice John Marshall. David Botkins, a spokesman for Dominion Virginia Power, said the utility appreciates residents’ concerns and will take them into account as it continues to evaluate the best route for a transmission line. But, he said, it’s wrong to compare Dominion’s proposal to Disney’s efforts. “ Disney’s proposal was about a theme park. This is about providing a lifeblood to hospitals, airports, homeland security facilities, and high-tech businesses, not to mention millions of households,” Botkins said. Northern Virginia could face rolling blackouts as soon as 2011 without additional capacity, Botkins said, and the proposed route is the only way to deliver it. Opponents have questioned whether Dominion is overstating its needs and want the utility to do more to embrace conservation. Opponents are also concerned that a new federal law enacted last year will make it easier for utilities to override residents’ concerns. Passed in response to warnings of gaps in the nation’s electrical network, the law allows the U.S. Energy Department to designate certain transmission corridors as being in the national interest. That would let federal regulators overrule states that would reject a power line with a demonstrated interstate interest. Botkins said Dominion is pursuing approval through traditional means - Virginia’s State Corporation Commission - and has no intention of asking the federal government to override the state. But others - including PJM Interconnection, which operates the region’s electrical grid - could seek a federal override. Power line opponents were sensitive to the perception that a few well-heeled gentlemen farmers concerned about the views from their estates are blocking progress and jeopardizing electricity for the region. “ This is not about a few wealthy landowners’ self-interest,” Duvall said. “ This is about corporate vandalism.” Martha Toomey of Orlean said the power lines would hurt a region that has eschewed residential growth and sought to build an economy based on agriculture and tourism. “ We’re not sitting out here making daisies. This is about business,” Toomey said. The 40-mile section running through Virginia is part of a 240-mile, $850 million line that would start about 20 miles south of Pittsburgh, then head southeast across a corner of western Maryland and West Virginia’s heavily touristed eastern panhandle before crossing into Virginia. The line is a joint project of Dominion and Pennsylvania-based Allegheny Power. JANUARY 2, 2007.

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Minutes and Notes.
by Duane330＠aol.com 20 Jan '07

20 Jan '07

To: MVCAC participants and friends: NOTE: Longview provided "public notice" in the Dominion Post on January 16th of the Hearing set for the Public Service Commission at 9:30 a.m. in Charleston. The Concerned Citizens, including local residents, CLEAR, Citizens for Responsible Development, and the Citizens for Alternative to Longview Power, will be represented to provide testimony on the inconsistencies and impacts in the Longview filing of November 8, 2006. This latter filing seeks changes which include increasing the power output to 695 MW, increasing the size of the boiler and turbine buildings, and increasing the amount of water usage. Longview has provided only meager information on the equipment design and specifications. See the Notes at the end of the MVCAC Minutes provided below: >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Minutes of the MVCAC January 8, 2007 The MVCAC met at the St. Paul Lutheran Church with 10 participants in attendance. The meeting began with a report on the application for 501c3 status. The IRS provided some queries to which Paula wrote responses. MVCAC currently has a balance of $391.00 in the checking account. We received a $3000.00 contribution in December. One thousand dollars was sent to Synapse Energy for their costs related to their expert testimony, $1751.00 went to Phil Gaujot for his expenses related to the Longview issues, and $350.00 went for brochures. Paula developed a budget to accompany the 501c3 application. There was some discussion regarding whether we should develop a formal membership process and dues. A sub-committee was formed to further explore this issue. The group then discussed the cover letter that Paula had developed to accompany the brochures that we will mail. A few participants provided some suggestions for revisions. Duane then read Dennis’ report on the appeal of the proposed waste burning (gob) plant at Nemacolin, PA. The appeal was fined by the following Petitioners, namely: Dennis Groce, National Parks Conservation Association, Group Against Smog and Pollution and Phil Coleman. The appeal was turned down, but subsequent action may be feasible. A separate report will be provided shortly. Duane provided an update on Longview. They have received both their siting and transmission line certificates. In November, Longview proposed to increase the output of the plant from 600 to 695 megawatts. They have argued that this increase will have negligible effects. However, the Concerned Citizens have filed documents with the Public Service Commission to protest, because of the effects that this increase will have on the local environment. Longview wants to increase the amount of water necessary (a 12% increase). Also, the main boiler building will be increased from 257 to 270 feet high. So, the larger building and the greater steam plume represent a greater obstacle to the view shed issue. We are also concerned that the cost to build the plant has escalated to $1.8 billion. The Public Service Commission (PSC) will decide whether the increase in output and its effects constitute a significant change to Longview’s plan. If it does constitute a significant change, the consequences could include a new air quality permit. Allegheny Energy has concluded that adding scrubbers to the Ft. Martin power plant will cost more money than they originally anticipated. They have asked the PSC to increase their securitization to cover this additional expense. This will add about $3.50 to each household electric bill, until the scrubber are paid for. Duane asked whether MVCAC should send a letter supporting this increase expense, since we would benefit from scrubbers. It was decided that the board would make the final decision regarding whether to send such a letter. There have been public hearings regarding the proposed power line that will run through West Virginia, PA, MD, and VA. Jim recommended that the MVCAC send a letter to the PSC opposing such a power line and emphasize the problems with the taking of property that would accompany such a power line. Jim has argued that if Allegheny Energy would spend the same amount of $$ on energy conservation as it is proposing to spend on the power line, there would be no need for a power line. Duane spoke to a wire expert with Allegheny Power who stated that if they could upgrade the existing line while it was still being used, there would be no need for a new route. Jim reported on the proposed co-generation power plant for Greenbrier County. Sierra Club and others are protesting the plant based on several issues, such as the fact that the plant will violate EPA’s new particulate standards and that there is not sufficient energy in the gob they are proposing to use. Jim passed around a petition related to the Cool Cities effort. The intent of the petition is to persuade the city of Morgantown to sign on to this effort. This would mean the city would agree to take measures to reduce the emission of greenhouse gases, by adopting strategies such as using biofuels, making city buildings more energy efficient, etc. City Council will consider this issue at the next Committee of the Whole meeting on January 30 at 7:00 pm. Please consider attending this meeting to voice your support. Respectfully submitted, Linda Shuster, Secretary >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTE: The Public Service Commission has set a “public hearing” for January 24th at 9:30 am in Charleston, to determine whether the proposed changes to the Longview power plant are significant (“material”) or insignificant (“ non-material). The Concerned Citizens as “intervenors” will be present to testify. The public is invited to send comments on whether Longview should be allowed to increase their power output from 600 to 695 megawatts while increasing their water usage by 12% and installing larger buildings on the 160 acre plant site. Based upon past practice, the smoke stack at 554 feet should be redesigned to take into account the other changes including the larger buildings. Longview does not want to consider this redesign. Therefore, Concerned Citizens considers the proposed changes to be “material”, i.e. significant. You can express your opinion and concerns by writing to: Sandra Squire, Executive Secretary, WV Public Service Commission, 201 Brooks Street, Charleston, WV 25323. The letter should contain the following reference: RE: Siting Certificate for Longview Power, LLC.

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Tue at 7 pm
by Duane330＠aol.com 08 Jan '07

08 Jan '07

IMPORTANT MEETING OF THE MON VALLEY CLEAN AIR COALITION, TUESDAY, JANUARY 9TH, 7 PM. Location: St. Paul's Lutheran Church, Basement Meeting Area. We will review recent activities. We have a new budget to present. Come and enjoy seeing your old friends, and prepare for a new year of activities. We can focus and be efficient!!! Duane Nichols, Convenor. That's Tuesday, January 9th at 7 pm.......................................... >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< For Immediate Release: For More Information, contact Jan. 6, 2007 James Kotcon 304-594-3322 (home) 304-293-8822 (office) _jkotcon(a)wvu.edu_ (mailto:jkotcon@wvu.edu) Energy Options and Solutions for Global Warming Changes in energy use to address global warming are increasingly likely. But what kind and how much change is still debated. Three approaches to new energy policies for America will be presented at the next meeting of the Monongahela Group of Sierra Club on Thursday, Jan. 11. A panel of speakers will review changes in energy use and greenhouse gas emissions. Ken Markel, an expert on fossil energy will present technical information on energy options. Paul Brown will review the need for dramatic reductions in carbon emissions. A major new policy proposal from the Sierra Club will be presented by Jim Kotcon. The “Smart Energy Solutions” initiative presents a comprehensive, but realistic approach to protecting the planet from dangerous climate changes. The meeting will be held at 7 PM in the Blackwater Room of the WVU MountainLair. The public is invited and a discussion will follow the presentations. For details, call 594-3322. -End-

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Immediate reply necessary
by Duane330＠aol.com 04 Jan '07

04 Jan '07

To: Participants of the MVCAC From: Duane Nichols, Convenor RE: Adoption of Six (6) Amendments to Articles of Organization ACTION: Please vote immediately: Yes-- for approval, No-- for objection. NOTE: Contributions to the MVCAC will be exempt of IRS taxes if the MVCAC meets the requirements of Section 501-c-3 of the IRS code. We have been informed by the IRS that six amendments are needed to our Articles of Organization. These required amendments are herewith proposed by Paula Hunt for adoption by email vote of the Mon Valley Clean Air Coalition. Decision is by consensus, so if there are any objections, said objections will need to be resolved at our upcoming meeting on Tuesday, January 9, 2007, at 7 pm in the Basement Meeting Area of St. Paul's Lutheran Church, Patterson Drive, Morgantown, WV. MON VALLEY CLEAN AIR COALITION Articles of Organization Adopted: January 23, 2006 In consideration of health concerns relating to high levels of air pollutants in the Monongahela River valley and surrounding areas, the Mon Valley Clean Air Coalition, a nonprofit organization whose participants serve on a voluntary basis, has been founded to promote public education and advocacy relating to air quality issues and to enhance capabilities for monitoring air quality in the region. Activities may include 1) partnering with the local school systems to provide educational materials regarding energy awareness and genesis of air pollutants such as ozone, sulfur dioxide, volatile organic compounds and particulates, 2) financially assisting in the acquisition of air monitoring equipment to be used in conjunction with the school programs, 3) exploring avenues for performing independent air monitoring either through direct equipment acquisition and operation by volunteers or via contractual agreement with a third party, 4) development of presentations and pamphlets to be used in adult public outreach, 5) participation in health fairs and other public opportunities for adult education, 6) the submission of data and other relevant information to local, state, and federal agencies regarding the development of rules for regulatory functions and environmental quality permits, 7) the writing of letters and testifying at public hearings on environmental issues and proposed permits for pollution control, as well as 8) the legal appeal of permits or regulations within the statutory time periods set aside in the permitting process. Each of these activities is intended only to the extent permitted under the Internal Revenue Service 501-c-3 rules. The Mon Valley Clean Air Coalition functions under the leadership of a Convenor, Secretary, and Treasurer. These officers are chosen by consensus, serving short indefinite terms of less than one year under typical circumstances. A Board of Directors is made up of the current and former Convenors and serves to facilitate decision-making, when necessary, between regular monthly meetings. The Treasurer maintains a bank account for the deposit of receipts and the payment of expenses, consistent with an annual Budget and approval of the officers and/or participants. A list of participants is to be maintained by the Secretary; and, an email list exists and is used as the primary means of communication among the officers and the participants. There is no membership fee or regular assessment. Voluntary contributions are welcomed from anyone who shares an interest in the objectives and mission of the Coalition, as it is stated above. Current funding categories for expenditures are 1) public education to include newsletters and brochures plus expenses for seminars and other public speaking functions, 2) the air monitoring project for data collection, training, and public awareness, 3) fees for consultants and experts, secretarial fees, and legal expenses (lawyers and court costs), and 4) other miscellaneous organization expenses. Monthly meetings involve a systematic discussion of all the relevant topics at that time. Decisions are made by consensus of those present, and minutes of each monthly meeting are distributed promptly to the participants. Committee meetings are held on an as-needed basis. The Mon Valley Clean Air Coalition is incorporated in the State of West Virginia as a not-for-profit Voluntary Association, Control Number 77545, July 11, 2005. The West Virginia Taxpayer Identification Number is WV-041-2704-001. The Employer Identification Number that as been assigned by the U.S. Internal Revenue Service is EIN 75-3199088. In the case of the dissolution of the Coalition, its monetary assets are to be donated to the American Lung Association and any equipment or supplies are to be donated to the Monongalia County Board of Education, Morgantown, WV. The formal address of the Coalition is as follows: Mon Valley Clean Air Coalition P. O. Box 4679 Morgantown, WV 26504 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Amendments to Articles of Organization (Prepared: January 2, 2007) 1. The MVCAC is organized exclusively for charitable, educational, and scientific purposes, including for such purposes, the making of distributions to organizations under Section 501(c)(3) of the Internal Revenue Code (or the corresponding section of any future Federal tax code). 1. No part of the net earnings of the MVCAC shall inure to the benefit of, or be distributed to its members, trustees, directors, officers or other private persons, except that the MVCAC shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of Section 501(c)(3) purposes. 1. No substantial part of the activities of the MVCC shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the MVCAC shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of, or in opposition to, any candidate for public office. 1. Notwithstanding any other provision of these articles, the MVCAC shall not carry on any other activities not permitted to be carried on (a) by a corporation or organization exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future Federal tax code) or (b) by a corporation or organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code (or corresponding section of any future Federal tax code). 1. Upon the dissolution of the MVCAC, assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future Federal tax code, or shall be distributed to the Federal government, or to a state or local government, for public purpose. 1. However, if the named recipient is not then in existence or no longer a qualified distributee, or unwilling or unable to accept the distribution, then the assets of the MVCAC shall be distributed to a fund, foundation, or corporation organized exclusively for the purposes specified in Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future Federal tax code). >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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MVCAC January 2007