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TransCanada had announced start up dates for the southern section of Keystone XL for January 3rd, then changed that to mid to late January, then announced startup began on Saturday, December 7th.

Keystone pipeline southern leg - 1Following reports of hundreds of flaws that could lead to spills in the southern segment of the Keystone XL, Texas residents and environmentalists today called for the Pipeline and Hazardous Materials Safety Administration (PHMSA) to halt the start-up of the pipeline.

According to media reports, on Saturday, TransCanada started pumping oil through Keystone XL’s southern leg, which runs nearly 500 miles from Oklahoma to the Texas coast.

“Pumping highly toxic tar sands crude through that line is an irresponsible act that shows a complete disregard for both public and environmental safety,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office.

The grassroots organization Nagadoches County STOP, which has campaigned against the pipeline’s southern segment, said: “The problems associated with the pipeline’s construction directly impact our sense of security, the lives of our children, and where we live. For those of us along the pipeline, the struggle is personal. We have to protect the places and people we love. There have been far too many problems with this pipeline, and it’s running through our community without any clear, local preparation for addressing a spill or leak.”

In two September warning letters to TransCanada, PHMSA identified hundreds of problems with the pipeline. In one of the letters, PHMSA said that nearly 50 percent of the welds – 205 out of 425 – in a single section of the southern segment needed repairs.

In another letter, PHMSA said 98 sites were excavated because of other problems with the pipe, and rocky backfill used around the pipeline may have caused dents found in the pipe.

In its own study, Public Citizen documented that TransCanada had undertaken 125 excavations for possible “anomalies,” welds, dents and other problems that could lead to leaks and spills.

PHMSA’s Freedom of Information Act (FOIA) office has not yet provided records in response to multiple requests for information about those flaws and any attempts to correct them, but it did not meet the requests before the weekend pipeline startup.

In an email to Public Citizen, PHMSA FOIA office said it would take weeks to process Public Citizen’s request.

“Now the pipeline is being filled, and we have absolutely no idea whether it’s safe,” Smith said. “Both PHMSA and Congress have shirked their responsibility to the public and the environment. There were 14 spills along the first phase of Keystone XL in the very first 14 months of its operation. Congress and PHMSA should have taken it upon themselves to make sure it doesn’t happen again.”

The southern segment crosses 631 streams and rivers in Texas alone, and it is located within miles of many cities and towns.

Public Citizen twice asked Congress to urge PMHSA to make sure that the flaws had been corrected and conduct other inspections to ensure that the pipeline is safe. “Now is the time for Congress to act before commercial operations begin,” said Smith.

The third and final major new coal shipping proposal at the Port of Corpus Christi has been canceled, according to documents from recent Port Authority meetings reviewed by the Clean Gulf Commerce Coalition, a multistate campaign to halt expansion of coal exports from the Gulf Coast while promoting clean energy and businesses, that includes Public Citizen.

Check out ThinkProgress.org’s story that resulted from our post by clicking here.

Ambre Energy, a major Australian coal company struggling with the poor global market for coal, has terminated its lease and will not pursue development of the project. The failure of each of the major new coal export terminals in Texas casts further doubt on the viability of the international coal market and new export facilities in Gulf Coast ports.

According to minutes from a recent Port Authority meeting, “The coal export market has dramatically declined in the last three years and Ambre no longer considers a coal export terminal viable in this area.” (click here to read the minutes, this quote is from page 173)

“This is the third coal export project that has been canceled in this region,” said Hal Suter, chair of the Lone Star Chapter of the Sierra Club and a lifelong Corpus Christi resident. “Ambre’s failure is a huge relief for Corpus Christi residents and it’s a clear sign of an accelerating shift away from coal. Texans don’t want coal, Gulf states don’t want coal and international markets don’t want it either.”

In August of this year, New Elk and its parent company, Cline Mining Corporation, terminated their lease for a planned coal export terminal, and development of the La Quinta Trade Terminal was put on hold after grassroots activists rallied against it and Sierra Club released a report in early 2012, The Port of Corpus Christi Gambles on Coal Export Development.

Along with financial troubles, the coal export industry faces resistance from community and environmental activists concerned about air and water pollution from coal dust and added rail and barge traffic. Coal-fired energy is also a primary cause of greenhouse gases, which  lead to climate disruption, extreme weather and rising sea levels.

“The people of course Corpus Christi have said no coal – no way,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office. “So the coal barons are beginning to pick on small communities, like Point Comfort about 60 miles north of here.”

The Texas Commission on Environmental Quality (TCEQ) has made a preliminary decision to approve an air permit for a facility that will store, import and export coal, petroleum coke and limestone through Point Comfort.

The Corpus Christi Port Authority meeting minutes also predicted a poor future for coal exports.

“Currently, the export coal market has shrunk substantially,” the minutes reported. “The domestic market has seen older coal-fired power plants closed with some being refitted to burn natural gas. Wind and solar power…have created additional pressure on coal.” (Click here to read the minutes, this quote can be found on page 48)

Ambre Energy has encountered obstacles in trying to develop coal export terminals in the Pacific Northwest as well. Last week, the company’s shareholders allowed Denver-based Resource Capital, a private equity firm, to increase its ownership stake in the company to avoid insolvency.

The coal industry has tried to offset the move away from coal-powered energy in the United States by stepping up exports, particularly to China. But recently China, too, has begun to shift away from highly polluting coal. Over the summer, China announced a ban on construction of new coal-fired plants around the cities of Beijing, Shanghai and Guangzhou to control air pollution.

The Clean Gulf Commerce Coalition, a multistate campaign to halt expansion of coal exports from the Gulf Coast while promoting clean energy and businesses,
includes Gulf Restoration Network (GRN), Air Alliance Houston, Louisiana Bucket Brigade, Louisiana Environmental Action Network (LEAN), Public Citizen, Sierra Club, and SouthWings.

Is Austin Energy joining the war on solar?

Bit by bit, our publicly owned, nationally renowned, supposedly green electric utility is trying to roll back programs that support customer owned solar.

Austin Energy is cutting the Value of Solar tariff, which compensates solar owners for the energy they produce, by 16 percent on January 1.

A lower solar tariff means fewer people will choose to purchase solar panels, which means our environment and local economy will suffer.

Tell the Austin City Council to stand up for clean energy and pass a resolution delaying reduction of the solar tariff.

Cutting the solar tariff isn’t the only attack under way. On January 1, Austin Energy will also confiscate all solar credits. Customers earned those credits by providing energy that the utility took and sold. Now Austin Energy is planning to take those credits away.

And just this week, the utility cut solar rebates for the second time this year. These cuts were reportedly made to keep the program from running out of funds, but Austin Energy could have asked for more funding for the solar rebate budget.

The Austin City Council governs Austin Energy, so it’s up to it to keep the utility honest.

Demand a resolution delaying the solar tariff change until after the public has had a chance to give input.

While other utilities are fighting to keep customers from generating their own electricity, Austin Energy should not play that game.

Austin Energy’s solar programs have given it and our city great publicity and helped to build a growing solar economy in the Austin area. Let’s not lose that momentum.

Our utility needs to start listening to us – the people who own it.

Send the Austin City Council an email right now.

We only have a few days to stop this attack before the City Council takes its winter break. Please help by sharing this post with friends, family and neighbors in the Austin area. If you work for a solar company, please forward this email to your customers.

Christmas party-invite1Join us at the Sixth Annual Austin Community “Green” Holiday Party

Thursday, December 19th, 2013  6pm-10pm
Hosted by Barr Mansion
10463 Sprinkle Rd., Austin, TX 78754 (www.barrmansion.com)

“Celebrating the Bounty of Winter” Menu with music by Cienfuegos
Co-Hosted by:  
Texas Green NetworkAustin Eco NetworkPublic CitizenDesign Build LiveUSGBC-Central Texas ChapterAustin Zero Waste AllianceAustin Clean Energy Incubator and CleanTX

$25 Advance Tickets — Register HERE
(Tickets include live music, all food and beverages)

Join us at the beautiful Barr Mansion, the nation’s first organic certified events facility, for an evening of music, food, drink and mingling with some of Austin’s finest environmental thought leaders.  For six years running, Austin environmentalists have come together for holiday cheer at our Austin Green Holiday Party, a great chance for “cross-pollination” among local environmental orgs.

Music by Cienfuegos.  Cienfuegos (http://www.musicacienfuegos.com) performs a diverse array of Latin genres with a focus on traditional Cuban styles such as Son, Bolero, Guajira, and Cha-Cha.  Their sets will include original compositions and traditional Latin standards.

Hosted and Sponsored by Barr Mansion , w/dinner featuring a variety of Barr Mansion organic delights.  Other food sponsors include Live Oak Brewing Company, Maine Root Sodas and Theo Chocolate

The Dinner Menu “Celebrating the Bounty of Texas Winter Produce”

  • Barr Mansion & Artisan Ballroom Showcases the Extravagance of Organic Produce from Johnson’s Backyard Garden and Barr Mansion’s Gardens:
  • Brick Oven Artisan Sour Dough Bread with Texas Hill Country Olive Oil
  • Arugula, Lettuce, Beet, and Radish Salad with a Creamy Sorrel Dressing
  • Broccoli Rabe, Collard Greens, Mustard Greens, Chard, Carrots and Peas with a Warm Roasted Fennel Vinaigrette
  • Brick Oven Roasted Veggies – Turnips, Cabbage, Winter Squash and Cauliflower
  • Chimichurri Roasted Potatoes and Rutabaga
  • House Made Sausages:
  • Chicken and Spinach
  • Asian Pork and Kohlrabi
  • Texas Pecan Pie

We look forward to seeing you for another great evening of dancing, food, drink and socializing to kick off our 2014 efforts. Continue Reading »

Congressional Oversight Hearings are Needed on the Keystone XL Pipeline Construction to Protect Health and Safety of the Public and Environment

Keystone pipeline southern leg - 1The bad news about the Keystone XL pipeline just keeps coming.

After months of research, Public Citizen has brought to light the grave risks posed by sub-standard construction of the southern portion of the Keystone XL pipeline. Poor welds, dents and other problems in the pipeline have led to TransCanada excavating it in 125 places to conduct repairs.

TransCanada’s poor safety record speaks for itself. The company’s Bison natural gas pipeline exploded within the first six months of operation, and the first phase of Keystone XL spilled 14 times in the first 14 months of its operation, according to the State Department’s August 2011 report on the pipeline.

Now TransCanada wants us to believe that all of the “anomalies” — that’s how they refer to over 200 instances of poor construction — have been identified and fixed and the pipeline is safe.

Say “no” to trusting TransCanada.

Ask Congress to hold oversight hearings on the pipeline before it is filled with toxic tar sands oil.

This pipeline is a disaster waiting to happen.

Not only is there a very real danger of the pipeline spilling toxic tar sands oil on private property and into waterways, but the climate change impact of the pipeline will undo all the progress we’ve made by reducing domestic use of coal.

The safety of the public and the environment must be protected.

Send a message to Congress asking for a full review of the pipeline’s construction practices to protect public safety and the environment.

Three pinocchiosWashington Post’s “Fact Checker” took issue today with a misleading television ad, sponsored by TransCanada in support of the Keystone XL tar sands pipeline. The ad, titled “TransCanada Keystone XL Pipeline: Eliminate America’s reliance on foreign energy” urges Americans to support the pipeline on the basis that it would free the United States from its dependence on foreign countries for energy security.

After addressing the obviously ridiculous claim that imported tar sands from Canada qualifies as domestic energy, noting that “last we had noticed, Canada was still a foreign country,” the Fact Checker took a closer look at other claims made in the ad, including highly questionable job creation numbers.

Based on TransCanada’s history of having a complicated relationship with the truth, it should come as no surprise that this latest ad earned them “three Pinocchios”.

Thanks to Friends of the Earth for pointing this out to us today.

From the Washington Post:

The Pinocchio Test

The Fact Checker takes no position of the politics of the pipeline but TransCanada can’t have its cake and eat it too. The ad shouldn’t cite State’s induced-jobs figure while the company dismisses State’s more relevant calculation of the number of actual construction jobs created in a year. If the 40,000 jobs is good enough for the ad, TransCanada should also accept the 3,900 figure.

Meanwhile, the ad’s initial emphasis on dependence on Middle East oil is specious. Thanks to the fracking boom, the United States is increasingly energy independent — and much of the oil that is imported comes from friendly nations such as Canada. We realize that such ads often use shorthand, but the two main headlines in the ad claim that 40,000 jobs will be created and that the pipeline will eliminate reliance on foreign energy. The caveats in the voiceover don’t really excuse the shortcuts in the headlines.

We wavered between Two and Three Pinocchios. But ultimately we decided that given this is an ad for a pipeline to import Canadian crude oil into the United States, it’s really worthy of a late-night satire.

Three Pinocchios

Dear Senators and Representatives,

Last Tuesday (Nov. 12), CBS reported that nearly 50 percent of the welds on a section of the southern segment of the Keystone XL pipeline were faulty. That revelation was based on a Sept. 26, 2013, warning letter to pipeline owner TransCanada from the Pipeline and Hazardous Materials Safety Administration (PHMSA).  It was part of a broader story about problems with Keystone XL’s southern segment that included Public Citizen’s own investigative report, also released last week.

In the report, we documented 125 excavations TransCanada made to remedy possible “anomalies,” welds, dents or other problems in the southern segment of the pipeline, which runs from Oklahoma through Texas. In conjunction with the report, we sent a letter on Nov. 11 to Congress asking for oversight hearings.

Since then, we have reviewed the two letters cited by CBS, reviewed other PHMSA warning and corrective action letters sent to TransCanada, and spoken to a PHMSA official about some of the correspondence.

The Sept. 26 letter from PHMSA to TransCanada said that “TransCanada experienced a high weld rejection rate” on the section of the pipeline known as “Spread 3” and that “205 out of the 425 welds, or 48.2 percent,” required repairs.  The letter explained that TransCanada employed a welding process that was not a “previously qualified procedure” and “failed to use properly qualified welders.”

In an earlier, Sept. 10 warning letter, PHMSA said field inspectors found dents in pipe that appeared to be the result of rocks in the backfill used around it. The letter said TransCanada did not ensure that the pipe was installed “in a manner that minimizes the possibility of damage to the pipe.”

Damon Hill, a Washington-based public affairs analyst for PHMSA, said in a phone interview that after the letters were sent, PHMSA had “gone out and conducted inspections.” However, he said he could not provide dates of the inspections, confirm that they focused on the problems identified in the letters, or give even an approximate time frame for providing information on the results of these inspections.

Hill said, “The results of the inspections won’t come out until we issue an enforcement order.” He also said, “You’re trying to get me to say something specific, and I am not going to tell you something specific.”

Meanwhile, that section of the pipeline is scheduled to be filled with tar sands crude within a matter of weeks.

The construction problems and the lack of information about inspections are particularly alarming because of TransCanada’s history. The first phase of Keystone XL spilled 14 times in the first 14 months of its operation, according to a U.S. State Department report, and TransCanada’s Bison natural gas pipeline exploded within the first six months of operation.

Moreover, the number of weld problems has implications for the entire southern segment. If 205 repairs are needed on a single section, how many flaws are there likely to be in the rest of the pipeline’s 485 miles?

In light of the above, we firmly believe that the following should take place:

  • PHSMA should ensure correction of the problems identified in its letters, inspect the corrected work, and make the process and results publicly available and readily accessible.
  • PHMSA should inspect all of the “anomalies” indicated by our report and make the process and results publicly available and readily accessible.
  • Because of the high number of problems identified in PHMSA letters and our report, PHMSA should inspect the entire southern segment of Keystone XL. PHMSA should conduct a quality assurance review, and because the quality of the welds is critical to ensuring that the pipeline won’t leak or rupture, another hydrostatic test and caliper inline test should be complete before it is filled.
  • Congress should conduct oversight hearings to ensure that the pipeline is safe for the public and the environment.
  • All of the above should be completed before the pipeline is filled with tar sands crude and put into use.

Our report and PHMSA’s own letters raise the specter of a pipeline rife with construction flaws from its start in Cushing, Oklahoma, to its end at Texas’s Gulf Coast. Congress has a responsibility to ensure that flaws already identified and any undiscovered flaws do not result in a public health or environmental disaster. Texas’ waters should not be put at risk of contamination from pipeline breaks or spills.

Sincerely,

Tom “Smitty” Smith, Director
Public Citizen’s Texas Office
1303 San Antonio St.
Austin, Texas
(512) 477 1155
Continue Reading »

Public Citizen today called for congressional oversight hearings and a thorough investigation of the southern segment of the Keystone XL pipeline because of reports of serious flaws and a warning by a federal agency that nearly half the welds in one section of pipe required repairs.

In a letter sent to Congress today, we said startup of the southern segment of Keystone XL, which runs from Oklahoma through Texas, should be delayed until the inspection is complete and the public can be certain that the pipeline is safe.

Continue Reading »

STP US vs Foreign OwnershipU.S. Nuclear power plants and foreign control

In September 2012, the Nuclear Regulatory Commission denied an operating license to Unistar Nuclear Energy for its planned third reactor at Calvert Cliffs in Maryland because it is fully owned by France’s Électricité de France (EDF)-a foreign entity. Federal law prohibits a foreign entity from completely owning or controlling a U.S. nuclear plant. The company was given 60 days to find a U.S. partner, which it has been unable to do in the past two years, and if it fails to do so the license application will be fully terminated.

Federal law is clear that foreign controlled corporations are not eligible to apply for a license to build and operate nuclear power plants. The evidence is that Toshiba is in control of the project and this precludes obtaining an NRC license for South Texas Project 3 & 4.

While foreign investment in U.S nuclear projects is not prohibited; Toshiba is paying all the bills for the proposed STP 3 & 4 project. This makes it difficult to accept that Toshiba doesn’t control the project.

Toshiba North America Engineering, or TANE, has assumed exclusive, principal funding authority for the project, but they are a wholly owned subsidiary of Toshiba America, Inc, a Japanese corporation. Public Citizen contends that this makes them ineligible for licensing.

How did foreign ownership become a problem? New Jersey based NRG announced on April 19, 2011 that it would write down its investment in the development of South Texas Project units 3 & 4. Engineering work and pre-construction activities were halted, and NRG stated that Toshiba North America Engineering – TANE – would be responsible for funding ongoing costs to continue the licensing process.

The upcoming hearing will deal, in part with the issue of STP’s foreign control.

The Atomic Safety and Licensing Board (ASLB) has rescheduled to Jan. 6, 2014, a hearing in Houston involving an application to build two new reactors at the South Texas Project site near Bay City, Texas. The ASLB is the independent body within the Nuclear Regulatory Commission that conducts adjudicatory hearings and renders decisions on legal challenges to licensing actions.

The hearing will start at 9:00 a.m. CST on Monday, January 6, in Room 425 of the Fourteenth Court of Appeals, 301 Fannin St. in Houston. The hearing will continue on January 7 until noon, if necessary. Members of the public and media are welcome to observe the evidentiary hearing, but participation in the hearing will be limited to the parties and their lawyers and witnesses. Those planning to attend the evidentiary hearing should arrive at least 15 minutes early to allow time for security screening, including searches of hand-carried items such as briefcases or backpacks. No signs will be permitted in the courtroom.

The hearing involves Nuclear Innovation North America’s application to build two Advanced Boiling-Water Reactors at the South Texas Project site. The hearing will examine whether the applicant’s planned corporate governing structure and financing comply with the NRC’s rules prohibiting foreign ownership, control and domination.

The board continues to accept written comments from interested members of the public, known as limited appearance statements. These statements are not testimony or evidence, but they may aid the board and/or the parties in considering the issues in the hearing. Statements may be submitted via mail to:, Office of the Secretary Rulemaking and Adjudications Staff, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; via fax to (301) 415-1101 or via e-mail to hearingdocket@nrc.gov. Copies of the statements should also be submitted to: Administrative Judge Michael M. Gibson, Atomic Safety and Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; via fax to (301) 415-5599, or via email to carter.thurman@nrc.gov and michael.gibson@nrc.gov.

Documents related to the South Texas Project application are available on the NRC website. Documents regarding this board’s proceeding are available on the NRC’s Electronic Hearing Docket by clicking on the folder entitled “South_Texas_52-012&013-COL” on the left side of the page. More information about the role of the ASLB in the licensing process is available on the NRC website.

UPDATE:  If you didn’t catch the CBS national news report on Tuesday, November 12th on the problems with the Southern Segment of Keystone XL, click here.

Public Citizen Calls for Congressional Oversight Hearings and Delay in Startup 

As the Obama administration considers whether to approve the Keystone XL pipeline’s northern segment, owner TransCanada faces serious questions concerning construction and pipeline integrity issues on the Texas portion of the pipeline that throw its safety into question, Public Citizen said today.

In light of the problems – documented in Public Citizen’s newly released report, “TransCanada’s Keystone XL Southern Segment: Construction Problems Raise Questions About the Integrity of the Pipeline” – citizens and elected officials should call for a delay in startup until an investigation into its safety is completed.

The report documents construction problems and apparent engineering code violations along the Texas portion of the southern segment of the pipeline. The full southern segment, scheduled to be filled with oil by the end of 2013, will run from Cushing, Okla., to refineries on the Gulf Coast of Texas. It traverses 631 streams and rivers in Texas alone (see http://texaspipelinewatch.files.wordpress.com/2013/09/watersheds.pdf).

The apparent problems documented in the report include pipe being installed as part of new construction that had excessive bending or sagging, and peeling patches of field coating applied to cover damage on pipe about to be placed into the ground.

The report also notes more than 125 excavations in 250 miles of possible “anomalies” on pipe that had been buried for months. Those anomalies included dents, sags and other problems that could lead to spills or leakage of toxic tar sands crude.

“The government should investigate, and shouldn’t let crude flow until that is done,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office. “Given the stakes – the potential for a catastrophic spill of hazardous crude along a pipeline that traverses hundreds of streams and rivers and comes within a few miles of some towns and cities – it would be irresponsible to allow the pipeline to start operating.”

Public Citizen also urges President Barack Obama and Secretary of State John Kerry, when deciding on the northern leg of Keystone XL, to consider TransCanada’s record of construction problems and code violations, and the pipeline’s potential impact on the sensitive areas of the Ogallala aquifer, which provides drinking water for millions of people, and the Sand Hills region of Nebraska, which the pipeline route crosses.

The report, available at http://www.citizen.org/documents/Keystone report – November 2013.pdf, encapsulates information gathered by Public Citizen, whose consultant traveled the area from May through June. Public Citizen collaborated with former TransCanada engineer and whistleblower Evan Vokes, who worked for TransCanada from 2007 to 2012 in the division responsible for construction standards.

For the report, landowners were interviewed, excavation sites were observed, video was reviewed and hundreds of photos of damaged pipe and work sites were examined. Observers also flew over the pipeline route several times.

In some areas, observers noticed stakes marked with “anomalies,” placed by TransCanada, with companion stakes marked “welds” and “dents.” One landowner reported that TransCanada contractors said as many as 70 anomalies were found in a 60-mile stretch between the Sulphur and the Sabine rivers in Texas.

TransCanada has claimed that the excavation and replacement of new pipe demonstrates its commitment to implement 57 special conditions of quality assurance and to build a “state-of-the-art” pipeline.However, TransCanada has had a history of problems with pipeline construction and safety for two decades:

  • During the construction of Keystone I, TransCanada pledged to meet 50 special conditions. But more than 47 anomalies along the line in four states had to be retested, and the Keystone I line spilled 12 times in the first year of operation.
  • In July 2011, TransCanada’s Bison natural gas pipeline exploded within the first six months of operation, blowing out an approximate 40-foot section of pipe. TransCanada had been warned of potential quality problems with construction and inspection.
  • In the 1990s, Iroquois Pipeline Operations, a subsidiary of TransCanada Pipelines Ltd., and four senior executives pleaded guilty to knowingly violating environmental and safety provisions of the pipeline construction permit. Iroquois executives had promised a pipeline of exceptional safety.

Public Citizen is calling on the Pipeline and ­­Hazardous Material Safety Administration (PHMSA) to review TransCanada’s construction quality assurance records, determine whether state and federal laws have been violated, and not permit the start of operations on the southern leg of the Keystone XL until the entire line has been hydrostatically retested – a sophisticated process that sends water through a pipeline at a specified level of pressure higher than the maximum operating pressure to test the integrity and strength of a pipeline. The southern segment also should be tested by an inline caliper device called a smart pig to look for integrity problems.

Public Citizen also calls on Congress to hold oversight hearings to ensure that PHMSA investigates and addresses the safety of the pipeline.

“TransCanada’s history with pipeline problems speaks for itself,” Smith said. “I fear we could be looking at another pipeline whose integrity may be in question.”

Citizens can:

  • Call upon Congress to hold oversight hearings to assure that the pipeline is retested and its safety is ensured;
  • Attend one of seven upcoming citizen hearings on the safety of the pipeline in East Texas (see http://texaspipelinewatch.org/calendar/ for schedule and addresses);
  • Meet with local first responders and ask county governments to develop tar-sands-spill- emergency response plan; and
  • Ask legislators to reform Texas common carrier laws pipeline and pipeline safety standards.

 

For  video of pipeline issues, see http://nacstop.org/EastTexasObserver.html.

June 16, 2013 tape

  • sagging, 4.38-4.59 minutes;
  • coating problem, 5.25-6.12 minutes;
  • anomaly mark, 6.24-7.10 minutes.

See May 31, 2013 tape

  • sagging, 26-31 seconds;
  • water, 4.59 minute
  • unsupported pipe, 4.29-6.20 minutes

warning pipelineCitizens in East Texas are becoming alarmed as representatives from ExxonMobil, operator of the Pegasus pipeline, show up to post yellow and black-striped warning markers along the pipeline route running across their land, the same one that ruptured about 320 miles northeast of there in March, spewing at least 210,000 gallons of heavy Canadian crude into neighborhood streets in Mayflower, Ark.  Click here to read the article by the Texas Tribune that documents how normally conservative landowners are turning into activists in defense of their land and their homes.

In response to the disaster in West, Texas, a listening session on chemical safety was held in Texas City with several federal agencies in attendance.  The goal of the listening session was to hear the public and stakeholders’ ideas on how the government should proceed in ensuring the safety of facilities that house dangerous chemicals.  Several groups from Texas were in attendance, including Public Citizen, Air Alliance Houston, TEJAS, labor organizations, local emergency planning committee (LEPC) members, and others.  Concerns were raised about the lack of funding to LEPCs and how the federal government could effectively implement rules on chemical safety.  One speaker lost her father in a workplace accident and called for rules ensuring worker safety.  Another speaker was an LEPC member who raised concerns about chemical plants in her area and their susceptibility to terror attacks.  Concerns were raised about the post-9/11 restriction on online access to information on chemical hazards.

Only one industry representative spoke in opposition, in contrast to over a dozen speakers who spoke in favor of ensuring the security of the homeland, communities, and workers.

This was the first of several listening sessions that will be held across the country.  The last listening session will be held in Houston, Texas, during the week of January 20, 2014 – location and actual date and time to be determined.

Following on the heals of the chemical safety “listening session”, the “Invisible Houston Revisited” conference was held on Thursday at Texas Southern University addressing issues facing the African-American community and communities of color in Houston.  A panel of three environmental experts addressed environmental justice concerns, including Adrian Shelley of Air Alliance Houston.  Results of the Healthy Port Communities Coalition (HPCC) survey of residents in the Houston Ship Channel were presented, piquing the interest of several conference attendees who asked about HPCC’s recommendations for the port and the implications of the port expansion on communities of color.  Other participants on the panel include Dr. Elena Craft of the Environmental Defense Fund and Dr. Robert D. Bullard, long considered the father of environmental justice.

A new report by the American Council for an Energy Efficient Economy (ACEEE) has Texas ranked 33nd in the nation for programs to promote energy efficiency. This unimpressive ranking shows Texas has a wasteful reliance on fossil fuels which contribute to air pollution and global warming and cost Texas families and businesses more and more each year.

While Texas was an early leader in energy efficiency investments, other states have dramatically increased their energy savings programs, leading to Texas’ decline in the overall state rankings. In a December 2008 report, the PUC found vast potential for energy efficiency in the state which, if tapped, could save Texans as much $11.9 billion on their electric bills. As the PUC considers restructuring the electric market, we would urged the commission to develop a plan that incentivizes greater use of energy efficiency and demand response and avoids subsidizing some of the state’s dirtiest power plants.

This summer, President Obama committed the U.S. to be a global leader on curbing climate disruption and proposed that we start by limiting carbon pollution from power plants. Currently, there are no limits on the amount of carbon pollution spewed into the air by power plants. It’s time to change that.

As they prepare to set carbon pollution standards for existing power plants, the EPA is holding a listening session on November 7 in Dallas for community members and stakeholders. This is your opportunity to let your voice be heard and to tell the EPA that our planet and our futures depend on strong, just action to address climate disruption.

RSVP today for the Dallas listening session to take action for climate protection!

Event details:

WHO: You, Public Citizen, Sierra Club, and climate activists
WHAT: EPA listening session on carbon limits
WHEN: November 7 from 10:00 a.m. to 3:00 p.m.
WHERE: 1st Floor Auditorium, J. Erik Jonsson Central Library, 1515 Young Street, Dallas, TX (map)
RSVP: Click here to RSVP

Questions: Contact Kaiba White at kwhite@citizen.org or 512-637-9462.

We’ve known for decades that carbon wrecks our health and our climate, and power plants are the nation’s top source. Their pollution fuels climate disruption — it makes wildfires burn hotter and droughts last longer. Warm summer weekends become scorching heatwaves and floods become disasters. Unlimited carbon pollution means more smog, more asthma attacks, and more climate disruption.
Continue Reading »

Community and environmental organizations filed suit today against Louisiana’s Department of Natural Resources (DNR) for illegally approving a coastal use permit for the proposed RAM coal export terminal on the Lower Mississippi River in Myrtle Grove.

The suit, filed in Louisiana’s 25th Judicial District Court, argues that the DNR did not consider potential alternative sites or fully weigh the negative environmental and public health impacts of the proposal against its questionable economic benefits. DNR’s decision to issue the permit “was arbitrary and capricious and in violation of Louisiana law,” the suit says.

The suit – filed by residents near the proposed site for the terminal, Gulf Restoration Network (GRN), Louisiana Environmental Action Network (LEAN), and Sierra Club – also asks the court to vacate the permit and require DNR to conduct a legally sound review.  Click here to read the suit as filed.

LEAN Executive Director Marylee Orr, explained, “By approving the coastal use permit in September, DNR violated its legal obligation to protect the Myrtle Grove diversion project. The diversion is absolutely vital to coastal restoration. The RAM coal terminal would be built right next to the diversion, and it would send coal-contaminated water right into the wetlands that the DNR is supposed to be protecting.”

Adding further support to the legal argument, a document obtained by GRN through a public records request shows that even state agency consultants agree the proposed coal terminal would be detrimental to coastal restoration by lowering the amount of sediment available for restoration and transporting coal pollution into the wetlands. (For the complete report, go to:  https://healthygulf.org/images/PDFs/Ram%20Terminal%20Technical%20Model.pdf )

The report – produced for the Coastal Protection and Restoration Authority (CPRA) by the Water Institute of the Gulf and CPRA’s engineering consulting firm ARCADIS – said the RAM terminal could reduce sediment to the diversion “by nearly 17%,” resulting in a loss of 80,000 to 500,000 tons of sand over a decade.

“Coal terminals dump into the river regularly – painting the riverbank black with spilled coal and petroleum coke,” said GRN coastal wetland specialist Scott Eustis. “The state needs the Mississippi River and sand from the riverbank to restore the coast. Louisiana’s best scientists have demonstrated that the RAM terminal would take much needed sand from the river. Ignoring their findings is a black mark on our entire coastal restoration effort.”

The proposed terminal, which would be used to ship highly toxic coal and petroleum coke to overseas markets, would be near existing coal export terminals – United Bulk terminal in Davant on the east bank and the International Marine Terminal on the west bank. Both facilities produce plumes of coal dust that blow over residential areas, generating air pollution that has created serious respiratory problems for local residents.

“We have had these coal terminals dumped on us,” said Bryan Ernst, a resident of Wood Park in Plaquemines Parish. “The air around here is already filthy with coal dust, and some people get sick because of it. I worry about those who have asthma and other respiratory problems. Sometimes I’m afraid to let my grandkids go outside because of the problems with coal dust.”

“When you pollute the air and water in a community, you degrade the quality of life of the people living in it,” Ernst said. “Families in this area are committed to their communities. We love this place for its nature, for the fishing and wetlands.  But the coal dust pollution is making our home unlivable. The last thing we want is another coal terminal moving in.”

More than 140 local residents showed up for Aug. 14-15 hearings on the terminal, which were held in Davant and Belle Chasse. Everyone who spoke at the hearing was opposed to the terminal and most shared concerns about air and water pollution.

Public Citizen’s Texas office is part of a coalition that is working to stop coal terminal expansions along the US gulf coast.  Our major focus at this time is the RAM terminal and the Port of Houston expansion projects.