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Archive for the ‘Consumers’ Category

According to a story in the New York Times, landowners across the country have signed millions of leases allowing companies to drill for oil and natural gas on their land, but some of these landowners — often in rural areas, and lured by the promise of quick payouts — are finding out too late what is, and what is not, in the fine print.

Energy company officials say that standard leases include language that protects landowners. But a review of more than 111,000 leases, addenda and related documents by The New York Times suggests otherwise:

  • Fewer than half the leases require companies to compensate landowners for water contamination after drilling begins. And only about half the documents have language that lawyers suggest should be included to require payment for damages to livestock or crops.
  • Most leases grant gas companies broad rights to decide where they can cut down trees, store chemicals, build roads and drill. Companies are also permitted to operate generators and spotlights through the night near homes during drilling.
  • In the leases, drilling companies rarely describe to landowners the potential environmental and other risks that federal laws require them to disclose in filings to investors.
  • Most leases are for three or five years, but at least two-thirds of those reviewed by The Times allow extensions without additional approval from landowners. If landowners have second thoughts about drilling on their land or want to negotiate for more money, they may be out of luck.

The leases — obtained through open records requests — are mostly from gas-rich areas in Texas.  If you want to read the entire New York Times story, click here.

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America is fed up and starting to make some noise about it.  The rise of the Tea Party was about politics, this new 99% movement is about greed.

Thursday, I got an email about ABC News’ followed up on a story about the more than 150,000 people who signed Molly Katchpole’s (change.org) petition against Bank of America’s new $5 monthly fee to use a debit card.

The network tracked down CEO, Brian Moynihan, and forced him to respond to the petition.

The CEO was flustered and couldn’t give a coherent explanation — an embarrassing moment on national TV for the big bank (and the second night in a row that Molly’s petition was a featured story on the newscast).

Bank of America is feeling the pressure from consumers.  The hope is that as more people speak out, Bank of America will be forced to cancel its new fee — and other banks will be too scared to create their own new fees.

Add your name to Molly’s petition demanding Bank of America cancel its new $5 debit card fee.

While you’re signing, check out the amazing video from ABC News. It’s inspiring to see one person’s petition can make a bank CEO squirm on TV! Watch it here:

http://www.change.org/petitions/tell-bank-of-america-no-5-debit-card-fees

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The leading cause of weather related deaths in the U.S. is due to heat, yet during one of worst heat waves in state history, Texas is holding onto millions of dollars intended to help hundreds of thousands of elderly and low-income residents pay their electric bills.

The Dallas Morning News reported that the state has collected $130 million this fiscal year to help financially strapped Texas residents pay for the cost of electricity used for cooling, but has spent only $28 million so far, half as much as it did to help the poor and elderly get through the summer a decade ago.

The reason: State lawmakers have diverted the money to deal with the budget shortfall. Saturday was the 29th consecutive day that it reached at least 100 degrees in the Dallas-Fort Worth area and Austin had seen 46 days of triple digit days so far this summer. The much hoped for relief that tropical storm Don was predicted to bring to parts of South and Central Texas fizzled as the storm came ashore and the National Weather Service forecast called for the oppressive heat to continue this week as the ridge of high pressure settles once more over the Lone Star state.

Texas leaders have said that until the economy recovers and lawmakers overhaul the state tax code, they have no choice but to use the dedicated-fee money elsewhere.  Chief Senate budget writer Steve Ogden, R-Bryan, said the only alternative to providing all the funds to help elderly and low-income citizens pay their electricity bills in this record breaking heat, would have been to cut more out of education, public safety and other key programs.

The money for the energy bill assistance is paid by fees collected from more than 6 million households and businesses. It is attached to utility bills and for the average residential ratepayer, it is about $1 a month.

Gov. Rick Perry proposed ending the assessment four years ago because the money was being diverted, but it was left in and is once again being diverted.

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On April 13th, the Uptown Marble Theater at 218 Main Street in Marble Falls will present the world theatrical premiere of Green Dreams, a 50 minute documentary about the revolution at the Pedernales Electric Cooperative. Following the screening will be a meet & greet with PEC’s newly-hired CEO, R.B. Sloan.

[vimeo 21828817]

Former PEC General Manager Bennie Fuelberg has been sentenced to 300 days in jail, the entire former board of directors has either resigned or been voted out. The co-op has been wracked with scandal and tales of intimidation and mismanagement.

But a new day has dawned. PEC has a new, leaner, reform-minded board of directors, new bylaws and a member Bill of Rights. Transparency and member input have become desirable goals when once they were forbidden. And, some say, it all began with a phone call.

In 2006, filmmaker Ric Sternberg called the PEC, his electric co-op, for information about any “green” programs that the co-op might offer. This phone call led to more calls until he began to realize that decisions were being made by what appeared to be a rubber-stamp board of directors who maintained their well-paid positions, some for as many as 40 years, by a proxy voting process that was rigged – no competition.

Ric registered a web domain and organized a loose-knit group of PEC members who called themselves PEC4U. That rag-tag organization began the struggle for democracy and transparency at the Pedernales Co-op, which soon led to a member lawsuit and the “house of cards” crumbling. Meanwhile Ric, being a documentarian, started to record the process. Green Dreams is the result. It tells the story of the revolution and then talks about the future as it might be. The film is being presented as a conversation-starter – the beginning of a dialogue among members about where PEC should be headed.

The film screening will be followed by a meet & greet – an opportunity for PEC members to meet R.B. Sloan, the Pedernales Electric Co-op’s brand new CEO.

The theater will open at 7:00pm for casual socializing. The program will begin at 7:30pm. After the screening, the filmmaker and some of the people seen in the film will be available for Q&A. The meet & greet with Mr. Sloan will be in the theater’s lobby, beginning at about 8:45pm. Admission is free and all are welcome.

The documentary will be shown at other theaters in the PEC service area.  Watch for other scheduled showings.

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While Texas Legislators are furiously looking under every couch cushion to find more revenue this bienium, the Alliance for Clean Texas today highlighted a half dozen strategies that could help Texas close its $27 billion budget deficit.

Texas League of Conservation Voters Press Conference on Green Revenue March 29, 2011

Alliance for Clean Texas Members (l to r) Luke Metzger, Environment Texas; Tom "Smitty" Smith, Public Citizen Texas; Robin Schnieder, Texas Campaign for the Environment; David Weinberg, Texas League of Conservation Voters; Cyrus Reed, Lone Star Chapter Sierra Club - photo courtesy TLCV

As lawmakers are loathe to talk about the dreaded “T” word (tax),  groups like Public Citizen, Sierra Club, Texas Impact, Texas Campaign for the Environment, and Texas League of Conservation Voters, who sponsored this morning’s press conference, are offered alternative solutions to cutting needed education and health care services by raising $1 billion in revenue, while also protecting the environment.

These ideas include a severance tax, like oil and gas currently pay, for coal mined in the state and an import duty from out of state coal. Imported coal creates zero Texas jobs and pollutes the environment. If we’re going to ask oil and gas to pay a severance tax, we ought to ask coal to do the same.

Other ideas include making polluters pay the value they get from breaking clean air and water laws (ie, if by polluting you increase your profit by $15 million, you pay $15 million in fines), a surcharge on inefficient gas guzzlers and heavily polluting vehicles, and a recycling refund on bottles and cans (just clap your hands, just clap your hands!).

Cutting pollution would also mean fewer sick kids, fewer sick people in general.  Children and the elderly are most at risk for pollution-caused or -aggravated disease AND they are the most likely to receive assistance from government health care services, so cutting pollution will save the state untold millions, if not billions. AND, since sick children are less likely to attend and be successful in school, cutting pollution also improves the quality of our schools– a triple value for our pollution-cutting dollar!

Combine this with former Lt. Governor Hobby calling on the state to end the tax credit on high-cost drilling operations (read: fracking) valued at $7.4 billion between 2004 and 2009.  We had previously pointed out the hypocrisy of making the oil and gas industry’s culture of corporate welfare the only sacred cow in the budget due to their protected status resulting from all their campaign contributions.

Well, between the billions from the fracking exemption, the billion of Green revenue the ACT coalition mentioned… as they say in Washington, “A billion here, a billion there– pretty soon you’re talking about real money.”

Alliance for Clean Texas has a $1 billion check for the Texas Legislature

Alliance for Clean Texas has a $1 billion check for the Texas Legislature

State lawmakers who are serious about balancing the budget without brutalizing our schools, nursing homes, and hospitals ought to look carefully at these proposals and implement them.  Even in the coldest, darkest winter, a farmer cannot start eating his own seed, as it will impact his ability to plant in the spring. Cutting necessary services to the bone and then sucking out the marrow will leave Texas cupboards bare, both literally and figuratively, as we struggle out of this recession.

The answer is simple- cut pollution, not teachers, doctors, and nursing home beds. Don’t let big polluters get their way, forcing grandma out onto the street and your kids into overcrowded classrooms.

The Texas House will be taking up HB 1, the budget, this Friday, and debate is expected to last all day and into the night. Texas Impact, one of our colleagues in ACT, along with several other groups are organizing a vigil for Texas’ future during the debate. RSVP on Facebook and we’ll see you there!

Look! A press release! From today’s press conference! (more…)

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John Carona, republican senator from Dallas and chair of the Senate Business and Commerce committee (one of the two Senate committees that jointly heard testimony on the rolling blackouts earlier this week) told the Dallas Morning news that he doesn’t think the Legislature needs to inact any new laws to prevent another day of rolling outages.

On the other hand, the chair of the Senate Natural Resources committee, Troy Fraser, republican senator from Horseshoe Bay, is making plans for legislation.

Check out the blog by Dallas Morning News reporter, Elizabeth Souder by clicking here.

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If you haven’t already pre-registered to celebrate the holidays at the 3rd Annual Austin Green Holiday Party, do so soon.  It is coming up soon and this year it is hosted by 10 great organizations.

Fiesta Gardens  (2100 Jesse E. Segovia St., Austin, TX 78702)
Thursday, December 16th, 2010 from 5:30pm-9:30pm

Registration:  Pre-Registration ONLY for this Event (No Cash Accepted at Door)

Network and learn about the hosting organizations and come together for a unified 2011.  Celebrate the holidays with us and enjoy music, great food, beer, wine and other beverages, as well as holiday cheer…

Live Music by: Austin Eco-Musicians (Reed Sternberg, Bill Oliver, Frank Meyer and More!) with Tribal Nation, the Austin reggae band later in the evening.

FoodBarr Mansion (Please help support our event sponsor and friend to the environmental community, the Barr Mansion.  They are catering this event, even as their own facility is being rebuilt after the fire.)

  • Blue Cheese and Winter Squash Sandwich
  • Chicken and Pepperoni Sandwich
  • Sundried Tomato White Bean Dip with Crostini
  • Basil Hummus and Cracker Shards
  • Local Organic Farm Salad Station with assorted dressings

Beverages: Beer, Wine, Sodas, Teas and water will be provided by the following sponsors:

The Co-Hosts: Texas Green NetworkPublic Citizen • SEED Coalition • Sierra ClubDesign Build Live • Austin EcoNetwork • Solar Austin • NetImpact •
Texas League of Conservation Voters • Austin Physicians for Social Responsibility

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Joe Shirley Jr., President of the Navajo Nation

Joe Shirley Jr., President of the Navajo Nation

I’m not (by any stretch of the imagination) an expert on Native American affairs, but there is an interesting and rather sad drama playing out in the Navajo Nation (a semi-autonomous Native American homeland covering parts of Arizona, Utah and New Mexico). The Nation also encompasses the Hopi Reservation, represented by the Hopi Tribal Council. Here is a USA Today article of September 30, 2009, in part:

PHOENIX — The president of the Navajo Nation joined other Native American leaders this week in assailing environmentalists who have sought to block or shut down coal-fired power plants that provide vital jobs and revenue to tribes in northern Arizona. (more…)

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Come one, come all. The House Committee on Redistricting is taking public testimony at hearings around the state regarding redistricting that will help shape the districts for both the house and senate of the Texas legislature, Texas congressional districts, and districts for the election of judicial officers or of governing bodies or representatives of political subdivisions or state agencies as required by law, including state board of education districts for the next ten years..

The HOUSTON REDISTRICTING HEARING will be held on November 20, 2010 at 10:00 A.M. at University of Houston, Athletic/Alumni Center, O’Quinn Great Hall, 3100 Cullen Boulevard, Houston, TX, 77004.

For more information on redistricting, including links to video of earlier hearings in other communities around the state, see our earlier blog by clicking here

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As the Tom Delay trial got underway, the State’s first two witnesses were Craig McDonald, a former Public Citizen Texas director and now the executive director for Texans for Public Justice, and Austin attorney Fred Lewis, both of whom the defense characterized as being from the left end of the political spectrum which they attempted to capitalize upon.  Twice the defense moved for a mistrial, claiming there was an effort by prosecutors to push political opinions on the jury.  Both motions were ignored by Judge Priest.

Craig McDonald said he focused solely on campaign donations while with Public Citizen and that there were discrepancies between what Texas Republican Majority PAC (TRMPAC) reported to the Texas Ethics Commission in terms of its income and what Republican National State Election Committee (RNSEC) reported to the IRS.

The defense, in examining McDonald, reviewed 60 candidate names on Public Citizen’s website — only one of which was a Democrat (gubernatorial candidate, Bill White, and that was from a blog on yours truly, Texas Vox, which showed up on the site through an RSS feed).  DeLay, however, was mentioned 100 or more times on the site. But McDonald maintained political neutrality in his testimony, noting that DeLay’s appearance on the website did not mean he was the only subject of Public Citizen’s research. (more…)

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A new online film, the “Story of Electronics”, will be released on Tues, November 9. This is the newest in the series of the excellent, user-friendly Story of Stuff web-films about excessive consumerism and waste.

The Story of Electronics  tells the story of how electronics are really “designed for the dump” and not made to last or made for recycling. View the trailer at: www.storyofelectronics.org

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The new Nissan LEAF, or (Leading Environmentally-friendly Affordable Family car), will be availible in the U.S. in 2011.

In the coming weeks you might notice a sleek, new Nissan LEAF or Chevy Volt cruising past you on the road. Many of the major car companies are introducing electric, plug-in vehicles (EVs) designed for the American family market. They range in cost from about $20,000-$45,000 and are small and practical. Not all EVs run completely from electricity, some are hybrids with electric-assisted engines, like a Toyota Prius. Others, like the Volt, are propelled exclusively by electricity, but include batteries and generators. These differences affect the amount of carbon emissions your car produces. All-electric vehicles, like the LEAF, have the potential to emit no carbon at all, from their own engines, or at the power plant where your electricity is generated. As Austinites, we can choose the green energy option from Austin Energy, in which 100% of the electricity we buy is generated from renewables.

Gas may still be necessary to run your EV, depending how it’s engine uses electricity, but the new EVs are becoming quite efficient at using minimal fuel. It’s important to consider that the majority of Austin’s air pollution comes from vehicles. Purchasing any EV is a step you can take to make a positive impact on our environment.

EVs can also make a positive impact on your wallet. An EV averages 100 miles per charge cycle in the city. Comparatively, this costs about $1 or less/gallon in terms of the gas you would have used in a conventional vehicle. As efficiency improves, these costs will also fall, while gas prices are always volatile. If you’re interested, please contact your dealership about buying an EV; they will be fully available in 2011.

What else do you need to know after purchasing an EV? Concerned consumers have contacted the Public Citizen office worried about potentially expensive charging stations. An EV powers up at a charging station that’s a higher voltage than your normal wall plug. It looks something like the plug for an electric washer/dryer. This unexpected expense can naturally cause worries right after purchasing a new car, but Austin Energy has a program to encourage consumers to buy EVs.

All you need to do is contact Austin Energy and let them know you’ve ordered an EV. They will come and provide assistance and incentives to install a charging station in your house. For more information about Austin’s Energy’s charging station incentive program please contact Larry Alford at larry.alford@austinenergy.com.

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By promoting cleaner energy, cleaner government, cleaner cars, 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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Picture was obtained from the Statesman

PEC's newly elected Board Member, Ross Fischer

Picture was obtained from the Statesman

Larry Landaker, PEC's President of Board of Directors

Pedernales Electric Cooperative.  The name used to be synonymous with closed-door meetings and conjured up images of a good ol’ boys club and the smoke-filled room, where the public was shut out of the decision-making process.

Today Pedernales Electric Co-op (PEC) board members voted for a proposed strategic meeting in October to be open. They had originally proposed the meeting be closed, as electric cooperatives, like some other public utilities and agencies, have an exception under the Public Information Act exempting “personnel, real estate, legal and competitive matters.”

Enter Ross Fischer, District 5’s newly-elected representative on the PEC board, who raised concerns about holding closed meetings, saying “The outcome is going to be meaningless because the stakeholders aren’t going to be a part of it”. Having served as the head of the Texas Ethics Commission before he was elected to the Board in June, Fisher emphasizes transparency in conducting those meetings.  Fischer is right, of course– how do you make decisions about the future of a member-owned electric cooperative if the member-owners can’t attend?

On Monday, Board President Larry Landaker said the meeting, for the most part, will be public.

Four of the board members voted for the meeting to be public. In addition to the president, and Fischer, Patrick Cox and James Williams also voted against the old policy.

The Board of Directors also revised its record-access policy. Though members are not allowed to access records that pertain to protected categories (legal, personnel, and competitive matter) as it has always been, other records are more accessible and members can now write a complaint letter to the General Manager who has to take a corrective action within 20 days.

Public Citizen commends the Board of Director at PEC for taking such an action in order to increase the level of transparency under which, the Co-op functions and we urge them to keep the spirit of reform they have and use it to ameliorate the services and satisfy its members.  Pedernales needs to be a model for openness for other co-ops and utilities, but this just shows that transparency must be a constant vigil.

To get an update on the Board’s recent reform, actions, and policy revisions, please click here.

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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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Some great points from the director of Environmental Defense Fund‘s Texas Regional Office (and Energy Program), Jim Marston.

If you’re concerned about government spending, consolidating existing efficiency programs and oversight into one agency has the potential to reduce overlap and redundancy in government and create more opportunities for consumers and businesses to save money. (more…)

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Public Utility Commission Chairman Barry Smitherman recently sat down with Texas Tribune reporter Kate Galbraith to talk about energy efficiency, CREZ, smart-meters, non-wind renewables, the switch-hold rule, the Lege, and Federal climate legislation (or lack thereof?). It’s a good read/listen if you have some time. Some interesting highlights:

On the efficiency agency idea (we’ve had something to say about it here, here and here in conjunction with the rather lame energy efficiency rule adopted on July 30):

Galbraith: What do think of the environmentalists’ proposal to house all aspects of energy efficiency under one roof?

Smitherman: I talked to Smitty about it on Thursday, when I came back because I was out of the office last week, and I came in and I was catching up on the clips, and I called him up and I said, well that was quite a letter you sent to Speaker Straus, and we kind of laughed about it a little bit. You know, I think there’s some merit to it. Because whether it’s SECO or here or over at the housing agency, there’s at least three if not more places. Plus you’ve got the local community efforts where energy efficiency dollars are being expended, and there’s really no mechanism in place to coordinate that. And so if you want to take it and put it in SECO or put it over here, I don’t care. I think creating an entirely separate new agency is going to be tough next session because it’s going to be a busy session with redistricting and the budget and a number of other issues — Sunset — but it might make sense to take energy efficiency and house it in one place.

It is encouraging to hear the chairman agree that the nifty idea of combining efficiency programs under one roof makes sense.  PS- The “Smitty” he mentions is Public Citizen’s own Texas State Director Tom “Smitty” Smith, our boss.

On direction from the 82nd Lege:

Galbraith: Do you expect more direction next session?

Smitherman: I do. I think there are a number of members that believe very strongly in energy efficiency. And we saw that this last session with a couple of bills, and so I would expect there to be a robust debate at the end of the session. I don’t know where it will come out at the end of the day, but I think that the debate will be there. And what I hope continues to happen is that we use a broad portfolio of tools to address our energy security and independence and price stability, and energy efficiency is one of those tools. I wouldn’t suggest that we do only energy efficiency and not build the CREZ, for example; or not try to promote a new nuclear plant. But there are some people who really believe that energy efficiency is the way to go.

I don’t know who is advocating for only energy efficiency to accomplish clean air, lower bills and energy security, but it certainly should be a top priority, no?

Check out the entire transcript here to get the rest of the good stuff.

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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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