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Austin Mayor Lee Leffingwell just postponed a major agenda item (#15), regarding an un-elected board taking over Austin Energy. Numerous citizens were planning to attend the council meeting tonight to express  concerns, and had gone out of their way to arrange their schedules to be there. The mayor completely removed the issue from discussion, not just from a council vote.

The disregard for citizens’ input and time is appalling. Perhaps the mayor’s move is simply a response to citizens having organized more effectively than special interest groups, such as CCARE, who haven’t been able to mobilize support for changing the governance of Austin Energy.

The ordinance may not have been ready for a vote tonight, but the mayor should have left the item open for discussion for the large number of citizens who have set time aside to be present tonight.

We hope that all the engaged citizens that planned on attending the city council meeting tonight will come to the meeting on May 23 and show the Mayor that the public won’t be silenced.

Please contact us with any questions on this issue:

Kaiba White, Public Citizen, kwhite@citizen.org, 607-339-9854 
Karen Hadden, SEED Coalition, karen@seedcoalition.org, 512-797-8481 

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While Austin City Council continues to move forward with an ordinance to transfer governing authority of Austin Energy from our elected City Council to an unelected board, Austin democracy is being attacked at in the state legislature as well.  Senate bill 410, sponsored by Senator Kirk Watson and Representative Paul Workman, would allow the city to establish an unelected board without a charter election, as our city charter calls for.

The issue of who should govern Austin Energy is important, but it’s also local in nature.  There is no need for state to amend Austin’s charter.  That is a right reserved for the citizens of Austin.  If the changes proposed by City Council are truly in the best interest of our city, that case should be made to the voters and decided upon at the ballot box. 

To have a state representative who doesn’t even live in Austin carrying a bill to change our charter is unacceptable.

The Austin City Charter was adopted by the people of Austin and the people of Austin approved a governance structure for Austin Energy that is accountable to the people through elections.

An unelected board won’t be directly accountable to the ratepayers and wouldn’t necessarily represent our values.  As we debate this issue in Austin the unelected board at San Antonio’s CPS Energy is slashing the rate customers with solar installations will receive for their energy in half without first consulting the public or the solar industry.  Austin Energy customers could be facing similar changes if we don’t act now to protect our rights.

SB 410 has passed the Senate and will be heard by the House Committee on State Affairs tomorrow.

Please consider attending the hearing and speaking against SB 410.

What: Hearing on SB 410 to change Austin’s charter to move Austin Energy governance to an undemocratic board without a vote by the citizens of Austin, as our charter requires.

When: 1:00pm on Wednesday, May 1

Where: John H. Reagan (JHR) building, room 140 – 105 W. 15th St., Austin, TX, 78701

Why: Because Austin Energy’s governance structure will impact decisions going forward, including on renewable energy and energy efficiency programs and rates.  This is the decision that will determine how other decisions are made.

You can register against the bill at the kiosks outside of room 140.  Even if you don’t wish to speak, registering against the bill would be helpful.  We hope you’ll consider saying a few words about the value of local democracy though.  Speakers will be limited to 3 minutes each.

SB 410 is anti-democratic and is one more example of the state government trying to interfere with Austin’s internal policies and governance.

We need your help to stop this bill.

Public opposition to SB 410 at Wednesday’s hearing may be the only thing that can ensure that our Austin representatives don’t let this bad bill move forward.

Please email Kaiba White at kwhite (at) citizen.org if you can attend the hearing at 1:00pm on Wednesday.

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If you weren’t already convinced that Austin would be misguided to hand over governance and oversight of our municipal electric utility, Austin Energy, to an unelected board, CPS Energy’s unelected board just provided a great example of what we can expect under such a regime.

CPS Energy on Tuesday proposed cutting the amount it pays for solar power generated from residential customers roughly in half, angering clean-energy activists and system installers who say the cuts would cripple the local solar industry.

“There was zero consultation with the solar industry in the development of this proposal,” said Lanny Sinkin, executive director of the advocacy group Solar San Antonio, who was made aware of the plan Monday night. “They’re going to kill the solar industry.”

Read the rest of the story on MySanAntonio.com.

Two important things to note:

  1. This is a bad, anti-environmental, anti-consumer policy change.
  2. No public input was sought prior to announcing this very significant change to CPS policy.

In Austin, we have come to expect that the public will be consulted on changes to our community.  An unelected board doesn’t fear political blow-back and will therefore be beholden not to the ratepayers (that’s you and me), but to special interests.  I don’t know who was behind this proposal at CPS, but it wasn’t the people of San Antonio.

Please, stop by City Hall and register against item #11 on today’s City Council agenda.  If you have time to say a few words on behalf of democracy, arrive by 4pm if you can.  Council doesn’t always run on time though, so even if you can’t get there until 5:00 or after, you might still get a chance to speak.

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Today, Thursday (April 11th) at 4 PM Austin City Council will vote on ordinance that would hand control of the city’s municipal utility, Austin Energy, to an unelected board chosen by corporate headhunters.  This change could open the door to industry insiders and special interests controlling Austin Energy, the city’s largest asset, valued at $3.9 billion.  It’s OUR utility and we should elect those who manage it.

There will be a first vote on this ordinance comes tomorrow despite great public outcry about the rushed nature of this plan, the failure to hold a real public hearing and the failure to acknowledge the millions of dollars wasted at other utilities, such as CPS Energy, at the hands of unelected boards.

A percentage of the profits of Austin Energy currently goes to fund programs for the city, but that funding could be at risk with an unelected board in charge.  Reduced funding could seriously jeopardize our parks, roads, libraries, clinics and public safety department.  There is also some concern that the move to make our public utility more of a corporate model could mean that our green energy and low-income programs are at risk.

This is your utility and we encourage you to come to City Hall this afternoon.  Speak if you can, or, if you prefer, donate your time to a friend.  While the “time certain” has been set for 4 pm, please don’t let that deter you.  Come even if you can’t arrive by 4 pm. City Council has been known to be hours late in getting started on an item. We’ll have food on hand.

The backup material (attachment 3 on item #11) includes the draft ordinance, the new report (which is an interesting compilation of data, but doesn’t support the concept of changing Austin Energy’s governance), and a list of 15 ways that the ordinance conflicts with the City Charter.

Even if you can’t attend, but can come by City Hall at some point in the day, please go by and register against agenda items #11 and #45 at the kiosks inside.

You can also call or email council members, specifically Mayor Lee Leffingwell and Council Members Sheryl Cole, Bill Spelman, Chris Riley and Mike Martinez, and ask them to halt this fast-tracked, undemocratic ordinance. Remind them that the utility is ours – not theirs to give away.

City Clerk 974-2210
E-mail all City Council Members at once: http://www.austintexas.gov/mail/all-council-members
Lee Leffingwell 974-2250 Lee.Leffingwell@austintexas.gov
Sheryl Cole 974-2266 Sheryl.Cole@austintexas.gov
Chris Riley 974-2260 Chris.Riley@austintexas.gov
Mike Martinez 974-2264 Mike.Martinez@austintexas.gov
Kathie Tovo 974-2255 Kathie.Tovo@austintexas.gov
Laura Morrison 974-2258 Laura.Morrison@austintexas.gov
Bill Spelman 974-2256 Bill.Spelman@austintexas.gov

More info is online at www.CleanEnergyforAustin.org.

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Public Citizen’s positions on the pre-filed amendments to the PUC Sunset bill can be viewed here: http://bit.ly/Guide_to_Amend_PUC_Sunset_bill_HB1600 or in the table below.

Support These Amendments to Improve the PUC Sunset Bill

Bar code # Sponsor Description Comment
830096 Cook clean up cleans up language in bill – no substantial changes
830097 Cook clean up cleans up language in bill – no substantial changes
830077 Davis bans sharing of customer info from advanced meters eliminates the value of smart meter – demand response providers may not be able to operate (NOTE: amendment to the amendment will fix this problem)
830076 Davis requires annual  review of certificate holders
830087 Davis requires written disclosure prior to releasing info from advanced meters protects customer privacy while allowing demand response providers to operate with permission of customer
830088 Davis makes utility liable for damages to advanced meter during installation or removal protects customer from unreasonable charges
830089 Davis bans billing for average use of electricity restricts customer choice (NOTE: amendment to the amendment will fix this problem by allowing customers to choose levelized billing)
830090 Davis reregulates the electric market assures adequate resources to meet the load
830101 King caps transmission congestion costs protects consumers
830104 Phillips prevents Texas generators from exporting electricity from ERCOT during an electricity emergency protects reliability in ERCOT
830084 Phillips bans cost recovery for interstate transmission lines out of state electric generators must finance their own transmission
830086 Rodriguez sets 35%  renewable portfolio standard by 2020 increases generation, local jobs and investment
830082 Strama establishes a peak energy portfolio standard improves reliability and increases local investment and jobs
830106 C Turner requires study by gas utilities on replacing their gas distribution lines improves safety
830072 S Turner requires legislative approval to increase the Universal Service Fund limits costs to consumers
830073 S Turner restricts cease and desist orders for customers to those causing a danger provides reasonable restrictions of PUC power and protects customers
830078 S Turner increases state penalties for market abuses and eliminates double jeopardy restores recommendation of Sunset Advisory Commission staff to increase fines for market abuse
830103 S Turner requires cost-benefit analysis when PUC makes significant market changes helps protect consumers
830102 Vo requires 30 day notice of discretionary changes in electric rates provides some customer protection against unexpected electric rate increases
830098 Walle limits water companies to one rate increase each 3 years and limits the amount of any increase protects consumers

Oppose These Bad Amendments to the PUC Sunset Bill

Bar code # Sponsor Description Comment
830095 Cook changes qualifications for PUC commissioners allows utilities to have too much control over commission
830100 Gonzalez gives PUC citing authority over a new plant in the El Paso area shouldn’t apply to just one company
830085 Krause eliminates the PUC’s ability to issue a cease and desist order jeopardizes reliability
830105 Laubenberg eliminates the PUC’s ability to issue a cease and desist order jeopardizes reliability
830091 Phillips interferes with reliability must run plans could jeopardize reliability and create inefficiencies
830092 Phillips requires CREZ lines to be buried in a specific municipality significantly increases electric consumers’ costs
830093 Stanford eliminates cease and desist orders for retail customers prevents the PUC from stopping abusive behavior and protecting reliability of the electric grid
830094 Sheets creates a 5 member Public Utility Commission two commissioners could meet without following open meeting requirements
830079 Simpson eliminates the PUC’s ability to issue a cease and desist order jeopardizes reliability
830080 Simpson eliminates cease and desist orders for retail customers prevents the PUC from preventing abusive behavior and protecting reliability of the electric grid
830081 Simpson shifts cost of opting out of advanced metering to other customers puts unfair cost burden on customers
830074 S Turner changes to single elected commissioner opens door to even more industry influence over regulators through campaign contributions

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While the proposed resolution to give Austin Energy governance responsibilities to an appointed board has been taken off the “consent agenda”, it’s still alive and kicking.

City Council will take up the issue at 6 p.m. this evening (Thurs, 2/14) and I hope you can take a bit of time before dinner to stand up for your rights. 

Austin Energy is a owned by us, the citizens of Austin.  Currently, we can influence the direction the utility takes by showing up at City Council meetings (just as I’m hoping you will tonight) and voicing your opinions.  The people of Austin have spoken passionately and convincingly on a variety of issues including development of strong solar energy programs,  assistance for the poor and keeping rates affordable for everyone.  City Council has often changed it’s course as a result of public outcry.  They do so because they know that they can be held accountable at the ballot box (or the electronic voting machine, as the case may be).

An appointed board could dramatically limit the ability that each of us has to ensure that Austin Energy is governed in a way that aligns with our values.

Some have argued that a board could focus more on the important issues at Austin Energy, but an appointed board is not the only option.  With City Council soon to be enlarged – when we move to the 10-1 system with geographic representation – there could easily be a subcommittee that focuses on the governance and oversight of Austin Energy.  If some members of City Council don’t wish to be burdened with the responsibility of governing our most (monetarily) valuable asset, then they could decline to serve on such a subcommittee.

Some Austin Energy customers who live outside Austin have complained that they have no representation in the governing body of Austin Energy (which is Austin City Council).  That’s a fair point and could easily be remedied by reserving one seat (or whatever is proportional based on population) on the subcommittee for an elected representative of those customers residing outside city limits.  What doesn’t make sense it to disenfranchise everyone just because some people aren’t currently represented.

Yes, the system could be more perfect and we at Public Citizen are always working toward making it so, but with all the awards and national recognition that Austin Energy has received, we must be doing something right.

So, please, make your voice heard at City Hall tonight.  The proposed resolution is “Item #46″ and will be taken up at 6 p.m.  You can register to speak or register your opposition at the kiosks in the City Hall lobby.  You can donate your speaking time to someone else, but you must be present at the meeting to do so. If you drive, you can park in the garage underneath City Hall and get your parking validated in the lobby.

If you can’t make it to the meeting tonight, send City Council a letter letting them know you oppose the formation of an appointed board to govern Austin Energy.

For more information, please visit www.cleanenergyforaustin.org.

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Advocates fault PUC for turning a blind eye to industry as Texas falls behind

Solar energy backers rallied outside the Texas Public Utility Commission [last] week seeking enforcement of a seven-year-old law that would boost electric generation from geothermal, biomass and the state’s ample supply of sunshine.

Public comment [ended Friday]on proposed rulemaking at the PUC, which has been reluctant to embrace the non-wind portion of the so-called renewable portfolio standards passed by the Texas Legislature in 2005. With those standards calling for generation of about 500 megawatts of renewable power from non-wind sources by 2015 and 3,000 megawatts by 2025, the Clean Energy Works for Texas Campaign sent petitions to the PUC urging it to carry out the law’s provisions. The group estimates that more than 6,000 individuals across Texas and 50 businesses or organizations lent their signatures in support.

“Why aren’t we seeing the clean energy we’ve demanded from our legislators? Why aren’t we seeing the thousands of new green jobs, new energy businesses and new tax revenues for our underfunded schools?” asked activist Dave Cortez of the Texas BlueGreen Apollo Alliance. “Four words: The Texas Public Utility Commission – a government agency run by unelected commissioners who have the power to take state law and misinterpret it, sit on it, lambast it, everything but implement it and ultimately say, ‘No, sorry. We don’t like it.’”

The PUC’s stand, as articulated by Chairman Donna Nelson, stresses the fact that wind power’s success has eclipsed the minimum renewable standards set in the law many times over. And, she argues that the law’s instructions on non-wind energy are not mandatory, a point of contention with solar backers. Moreover, she has said propping up solar power would increase electric bills and that the commission is not in the business of favoring one type of energy generation over another.

Executives from two Austin-based solar companies who attended the rally said each had respectively grown from only two employees to at least 25. And, with the business climate unfriendly to solar in Texas, they said, both companies are making upcoming expansions in a state more hospitable to their interests.

“The bad news is we’re in the process of opening a second office, and the second office will be in California,” said Tim Padden, founder of Revolve Solar. “I would rather be in Dallas, San Antonio or Houston, but the reality is California has taken a stand to support the development of the solar industry seriously by setting statewide goals and local support for their solar companies. I want to see this happen here in my home state. These could be Texas jobs.”

Stan Pipkin of Lighthouse Solar, an Austin-based solar design integration firm said his own company has shown an almost identical job growth and will also be opening offices in California.

“I’m deeply concerned that Texas is not taking advantage of the energy resource we have in most abundance,” he said. “Texas is currently 10th in solar capacity. This is absolutely confounding given our solar resource, our electric demand and our shortage of reserve capacity. It just doesn’t make sense.”

By Polly Ross Hughes

Copyright September 14, 2012, Harvey Kronberg, www.texasenergyreport.com, All rights are reserved.  Reposted by TexasVox.org with permission of the Texas Energy Report.

The PUC has put the non-wind RPS on the agenda for its open meeting this Thursday.  We need you to be there to show your support for moving forward with the rulemaking process.  Please email kwhite@citizen.org if you are interested in attending.  The meeting will be in the Commissioners’ Hearing Room on the 7th Floor of the William B. Travis building at 1701 N. Congress Ave, Austin.

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According to the Lower Colorado River Authority (LCRA), at the end of summer 2011, Texas had suffered the driest 10 months since record keeping began in 1895.  Rivers, like the Brazos, actually dried up.

And if that wasn’t enough, the dry weather came with brutal heat.  So brutal, that seven cities recorded at least 80 days above 100°F (Austin logged 90 days and Wichita Falls had 100 days over 100°F, 12 of which were over 110°F).  This left air conditioners around the state straining to keep up, shattering records for the state’s electricity demand, topping 68,000 megawatts in early August. This combination of dry weather and excessive heat, and high electric demand suddenly made state planners begin to take notice of the water-intensive nature of coal plants.

Most electricity power plants require large amounts of water. Coal-fired plants alone account for 67 percent of freshwater withdrawals by the power sector and for 65 percent of the water completely consumed by it. Newer plants include air-cooling or “dry cooling” technologies, but so many plants rely on water-cooling that they accounted for 41 percent of the withdrawals of freshwater in the United States in 2005, according to the United States Geological Survey.

In Texas this summer, one plant had to curtail nighttime operations because the drought had reduced the amount of water available and that which was available was too hot to bring down the temperature of water discharged from the plant. In East Texas, other plant owners had to bring in water from other rivers so they could continue to operate and meet demand for electricity.

Proposed plants were also facing scrutiny around their water use.  The White Stallion coal plant, near Bay City south of Houston, was opposed by a wide variety of Colorado River water users and the LCRA ended up pulling the proposed plant’s 25,000 acre-feet/year water permit from its agenda indefinitely. Citizens of Sweetwater in west Texas were outraged upon hearing that the city was secretly negotiating sale of water rights for a so-called clean coal project.

If the drought persists into the following year (and the State Climatologist has predicted that it is likely much of the state will still be in severe drought through next August with even worse water shortages), the Electric Reliability Council of Texas (ERCOT – the operators of the electricity grid) has warned that power cuts on the scale of thousands of megawatts are possible.

Texas Water Development Board warns that the state’s water shortage is structural. A structural water shortage is a permanent water shortage that can only be addressed through a structural change such as a reduction in agriculture, population or firm water users (such as traditional power plants) or, increasing water supplies by creating lakes (like we did after the 1950s multi-year drought), setting up desalination plants on the coast or piping water in from another state.  All of these options are dramatic and expensive.

As of this writing, the state needs 18 million acre-feet of water, and it has 17 million acre-feet available to it. By 2060, the state is expected to need 22 million acre-feet but only have 15.3 million acre-feet available to it. Because some dry areas simply can’t have water piped, the total shortfall is projected to be 8.3 million acre-feet. Roughly, Texans will have 2 gallons of water available for every 3 gallons they need.

Adding new coal plants or other intense water use generators to this mix is not part of a sane water policy for a state facing a structural water shortage.  Even ERCOT is taking a closer look at coastal wind generation and solar to provide power during peak energy periods (You know, that time of the day - from 3 to 6 or 7 pm – when the temperatures are the hottest and the air conditioners strain to keep us cool).  This current weather pattern may be the push the state needs to move toward a new energy future for the state.

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Electric Reliability Council of Texas

Image via Wikipedia

Its predicted that the entire state will have record temperatures this weekend. Please take all measures to avoid using unnecessary energy. They might have a hurricane on the east coast but we have a heat wave in Texas and there might not be enough electricity to go around.

Statement from ERCOT CEO Trip Doggett on the need for conservation through the weekend:

Our information indicates this weekend will be one of the hottest on record in some areas of Texas. Electric demand and usage will be extremely high and we need every person to help us conserve electricity between the hours of 3 p.m. and 7 p.m. on Saturday and Sunday.

Please help us keep the power flowing to every Texan in ERCOT by turning up your thermostat a few degrees if you’re able, turning off unnecessary lights and appliances and doing dishes and laundry in the morning or after 7 p.m.

Your efforts do make a difference and are appreciated.

Conservation Tips
Consumers can help by shutting off unnecessary lights and electrical appliances between 3 and 7 p.m., and delaying laundry and other activities requiring electricity-consuming appliances until later in the evening. Other conservation tips from the Public Utility Commission’s “Powerful Advice” include:
Turn off all unnecessary lights, appliances, and electronic equipment.
When at home, close blinds and drapes that get direct sun, set air conditioning thermostats to 78 degrees or higher, and use fans in occupied rooms to feel cooler.
When away from home, set air conditioning thermostats to 85 degrees and turn all fans off before you leave. Block the sun by closing blinds or drapes on windows that will get direct sun.
• Do not use your dishwasher, laundry equipment, hair dryers, coffee makers, or other home appliances during the peak hours of 3 to 7 p.m.
• Avoid opening refrigerators or freezers more than necessary.
• Use microwaves for cooking instead of an electric range or oven.
• Set your pool pump to run in the early morning or evening instead of the afternoon.

Businesses should minimize the use of electric lighting and electricity-consuming equipment as much as possible. Large consumers of electricity should consider shutting down or reducing non-essential production processes.

Media Contact: Theresa Gage
tgage@ercot.com

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Becky Motal has just been named the first female to become general manager of the Lower Colorado River Authority in its 76-year history.

Motal, executive manager of external affairs, was chosen by a unanimous vote of the LCRA board of directors and assumes the helm of the energy and water management agency effective July 2. She replaces Tom Mason who is resigning July 1.

The news ends speculation that Ken Armbrister, the former Texas senator and current legislative director for Gov. Rick Perry, would be chosen for the job.

We don’t know much about Ms. Motal, but will post more as we learn more about her history.

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