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A temporary victory for private property rights

February 21, 2012 by Citizen Carol

Rally in Paris Texas
Citizens gather on the steps of the Lamar County Courthouse in support of Julia Triggs Crawford before the TransCanada suit to dismiss her Temporary Restraining Order is heard.

Last week, local citizens from areas bordering the path of the proposed Texas leg of the TransCanada tar sands pipeline, rallied in front of the Lamar County Courthouse where a hearing was scheduled, pitting the Canadian corporation, TransCanada, against a local landowner, Julia Triggs Crawford. The crowd then packed the courtroom leaving standing room only.

Ms. Crawford had asked for a standstill order while in negotiation on her eminent domain case, but TransCanada’s representatives told her they wanted the right to start trenching on her property as early as March 1st.

On Monday, February 13th, Ms. Crawford obtained a restraining order against TransCanada to protect her property.  Within 24 hours, TransCanada in turn filed for the restraining order to be dissolved.  The hearing was held in the Lamar County courthouse  in Paris, Tx on Friday, Feb. 17 starting at 10 a.m. before Judge Bill Harris.

[youtube=http://www.youtube.com/watch?v=NmcTzht2XH8]

Rally in Paris, Texas on the steps of the Lamar County Courthouse (video by David McFatridge)

In the hearing on Friday, the attorneys for TransCanada displayed what many called an arrogance at the thought of one landowner and her rights, or even the archaeological significance of the property as a means of stopping their project, saying “We will not let one landowner stop this multi-billion dollar pipeline,” and again saying ““They can have their day in court, but they won’t stop this pipeline.”

In the end, Judge Harris handed the Paris area landowner a temporary victory in setting a date of April 30, 2012 for a jury trial to hear her case against TransCanada and their efforts to steal her land away from her for the Keystone Pipeline.

At a rally in Austin, in support of Ms. Crawford’s efforts, the organizations are Independent Texans, Texans for Accountable Government and Texans Uniting for Reform spoke up about the bullying tactics used by TransCanada.

“Everyone wants to know, by what authority or permit does this private, foreign company have the right to condemn property and start construction? We are going to tell TransCanada, don’t mess with Texans, don’t mess with our landowners,” commented Linda Curtis of Independent Texans.

TransCanada’s Keystone XL permit was denied by the president, so the groups and landowners question by what permit or authority does TransCanada take property or start any kind of tar sand pipeline construction?   TransCanada, despite the denial of a permit, continues to bully landowners and execute eminent domain condemnation proceedings. Groups are questioning this company’s right to take land via eminent domain.  The Railroad Commission has stated that it does not have the authority to grant the power of  eminent domain to TransCanada.  Ms. Crawford has also challenged the company’s common carrier status.

Ms. Crawford’s case is emblematic of the continuing struggle along with more than 80 cases in Texas where TransCanada, a foreign pipeline company, has condemned or threatened to condemn private property belonging to Texans.

“This is a private company taking land for private use and foreign profit.  They are cloaking themselves in common carrier regalia and exercising eminent domain against Texas citizens but there is no evidence that they have the legal authority to seize property in Texas,” noted Debra Medina former gubernatorial candidate and director of We Texans.

“We are telling this private, foreign company  ‘Don’t Mess with Texas'”,  “Don’t bully Texans, putting our land and our water at risk,” while this foreign company continues to masquerade as a common carrier.

[vimeo=37031876]

This is the complete event video of protest and press conference by several Texas organizations representing landowners to show their support of Julia Trigg Crawford of Lamar County whose property has been condemned by TransCanada for their XL pipeline even though the federal permit has been denied.  The organizations are Independent Texans, Texans for Accountable Government and Texans Uniting for Reform

Click here to read the Texas Attorney General’s landowners bill of rights in any attempt by the government or a private entity to take your property.

Posted in Tarsands | Tagged , , , , |

TransCanada Continues to Bully Landowners Despite Denial of Pipeline Permit

February 17, 2012 by Citizen Carol

Earlier this week, a new statewide coalition of groups and advocates for private property rights announced its support for landowners along the path of the Keystone XL pipeline in Texas. The groups charge that TransCanada, the company proposing to build the pipeline, has used eminent domain to bully landowners and condemn private property.

Despite a presidential permit denied to TransCanada for the Keystone XL project just weeks ago, the company continues to bully and pressure landowners along the Texas pipeline route.

The controversial Keystone XL pipeline would carry tar sands crude more than 1900 miles through six states including Montana, South Dakota, Nebraska, Kansas, Oklahoma and Texas.  In Texas, the pipeline crosses eighteen counties, from Paris to Pt. Arthur.  Groups with landowners near the cities of Paris, Winnsboro, and Wells joined in press events held in Dallas, Austin, San Antonio, and Houston to ask for support from agencies and officials on the continuing plight of landowners who would be impacted by the pipeline.

“Texas, we have an eminent domain problem,” said Terri Hall, director of Texans Uniting for Reform and Freedom (TURF). “There is absolutely zero oversight for pipeline companies that want to take private property from Texans – all you have to do is check the right box on a form and declare yourself a common carrier, no questions asked.”

The form Hall refers to is a T4 permit application filed with the Texas Railroad Commission. In a recent Texas Supreme Court case, Texas Rice Land Partners, Ltd. and Mike Latta vs. Denbury Green Pipeline-Texas LLC , the court effectively revoked the eminent domain authority of the pipeline builder, holding that “Private property cannot be imperiled… by checking a certain box on a one-page government form.”  In order to be a common carrier, a company needs to satisfy the question if it is purposed for public use.  The pipeline company in this case did not meet the criteria of “common carrier” , as it was merely a private company transporting product to one of its own subsidiaries, therefore, not meeting the criteria of operating for public use or the public good.  There is a real question as to whether the private entity TransCanada Keystone XL meets those same criteria.

The ruling has been hailed as a major victory for private property rights in Texas. Advocates like Hall and former Republican gubernatorial candidate Debra Medina say that conservative politicians have campaigned on the issue but have done too little for property owners.

“Texas politicians talk tough on eminent domain, but with Keystone we have a private pipeline company acting as a ‘common carrier’ and bludgeoning private property owners with eminent domain while many of our Republican leaders cheer from the sidelines,” said Medina who is also director of We Texans.

“Despite the fact that this permit has been denied and there technically is no permit for TransCanada, the company continues to bully and pressure Texas landowners,” Medina noted.  “And we would all like to ask, by what authority does this company have to continue insisting that landowners settle with them when there is no permit?”

Linda Curtis of Independent Texans, who helped coordinate groups in 2006 supporting Carole Strayhorn’s independent gubernatorial bid and the anti-Trans-Texas Corridor efforts said, “A similar statewide grassroots movement is waiting in the wings on this issue because the problems are way too familiar to east Texans who fought to stop the land grab for the TTC.”

Medina and Hall held press events in Houston and San Antonio respectively, standing with landowners who say they’ve been bullied by TransCanada. Former DISH, TX mayor Calvin Tillman hosted a similar event in Dallas, and in Austin, Independent Texans director Linda Curtis and Jessica Ellison of Texans for Accountable Government spoke.

Landowners attending the events have property condemned or are being pushed into negotiated settlements and claim their story has not been told. Landowners say theirs are among more than 80 cases in Texas where TransCanada, a private foreign pipeline company, condemned private property belonging to Texans.

“At this moment my property is condemned and legally TransCanada can lay that pipeline and pump undisclosed chemicals through it, even though we’ve never seen a judge,” said Julia Trigg Crawford of Lamar County. “I think most Texans would be stunned to find out that there is no process for challenging eminent domain use
in a pipeline case until after your land has already been condemned.”

Crawford is challenging TransCanada’s right to common carrier and eminent domain in her case.  TransCanada’s representatives indicate they want to settle with the Crawfords out of court.  However, they insist on retaining the right to begin construction/trenching as soon as March 1, 2012.

“We need our officials to stand up and help these landowners,” commented Calvin Tillman, former Mayor of Dish.  “Currently the Railroad Commission and other state agencies are passing the buck, claiming they have no authority over Keystone wanting to build a segment from Cushing to the Texas coast.  Where are our legislators?  Where are the authorities to protect Texas landowners from private companies like TransCanada?”

The group also pointed out that the company misled landowners in other situations, telling property owners the pipeline had all necessary permits and repeatedly telling individual landowners that they were the last holdouts, making the pipeline seem inevitable and securing more favorable terms for the company.

Posted in Tarsands | Tagged , , , , , |

A plan to teach climate change skepticism in schools leaked

February 17, 2012 by Citizen Carol

The other day at a dinner party I sat across from a climate scientist (seriously, a professor at a major university in the earth sciences department), who commented that his trips to the Artic this summer were somewhat daunting.  When I asked him who were all these folks Governor Perry said were funding work like his in support of the science of climate change, he said he’d like to know that too since he wasn’t getting any of that funding and in fact could probably get rich and have the ire of his colleagues heaped upon him if he took the opposite stance.

Now, according to MSNBC, internal documents have been leaked from the Heartland Institute, a Chicago nonprofit think tank, showing its plans to fund leading skeptics of global warming and develop a curriculum to teach climate change skepticism in schools (K-12). An anonymous person leaked the documents to several publications and activists supporting the science of climate change which is funded by huge corporate and foundation funding from U.S. businesses, including Microsoft, Koch Industries, Altria (parent company of Philip Morris) RJR Tobacco and more.  Click here to read the MSNBC article.

Posted in Climate Change, Global Warming | Tagged , |

Help us Protect Big Bend and the Guadalupe Mountains

February 16, 2012 by Citizen Carol

Big Bend. The Guadalupe Mountains. Everything about them is iconic…everything but the air pollution that obscures the scenic viewscapes. Big Bend and Guadalupe Mountains National Park are increasingly under attack from air pollution known as haze from coal plants and refineries. The Clean Air Act requires the EPA to reduce and eliminate this haze. Under EPA’s proposed rule, however, Texas’s oldest and dirtiest power plants would be exempted from installing readily available, modern pollution controls. As a result, air pollution and impaired visibility at our National Parks could persist.

Don’t let big polluters off the hook — if they pollute our parks, they should pay to clean up. EPA has the authority to require the major sources of haze in our National Parks to clean up – let’s demand improved safeguards. EPA needs to hear from you before February 28th.

To submit a comment and see a sample letter, click here.

 

Posted in Air Quality | Tagged , , , , |

INCORPORATE LESSONS OF FUKUSHIMA: EXPAND EVACUATION ZONES, IMPROVE EMERGENCY PLANNING AROUND U.S. NUCLEAR REACTORS

February 16, 2012 by Citizen Carol

Thirty-seven clean energy groups submitted a formal petition for rulemaking to the federal Nuclear Regulatory Commission seeking adoption of new regulations to expand emergency evacuation zones and improve emergency response planning around U.S. nuclear reactors.  If you would like to sign on as a co-petitioner, click here.

Calling on the NRC to incorporate the real-world lessons of the Fukushima nuclear disaster, the proposed rules would expand existing emergency evacuation zones from 10 to 25 miles around nuclear reactors and establish a new zone from 25-50 miles around reactors for which utilities would have to identify and publicize potential evacuation routes. Another improvement would require utilities and state and local governments to practice emergency drills that includes a natural disaster that either initiates or occurs concurrently to a nuclear meltdown. Currently, utilities do not have to show the capability to conduct an evacuation during a natural disaster—even though, as seen at Fukushima, natural disasters can cause nuclear meltdowns. The petition would also expand the “ingestion pathway zone,” which monitors food, milk and water, from 50 miles to 100 miles around reactors.

Click here to find out how close you live to a nuclear power plant in the United States.

“80% of the airborne radiation released from Fukushima went directly over the Pacific Ocean,” explained Michael Mariotte, executive director of Nuclear Information and Resource Service, which initiated the petition. “Even so, the Fukushima evacuation zone extended more than 25 miles to the northwest of the site, and the NRC and U.S. State Department both recommended that U.S. citizens within 50 miles of Fukushima evacuate. Such evacuations could not be effectively conducted in the U.S. under current emergency planning regulations. We need to be better prepared and we can’t rely on favorable wind patterns to protect the American people.”

The NRC has relied primarily on the 1979 Three Mile Island accident and subsequent computerized accident simulations to support its emergency planning rules. But first at Chernobyl in 1986, and now at Fukushima, the real world has trumped any possible simulation. The fact is that far too many Americans live near nuclear reactors, but outside existing emergency planning zones. Based on real-life experience, these people need better protection.

“There is no invisible lead curtain surrounding nuclear power plants. We need to incorporate lessons learned from previous nuclear disasters. At the very least, we should stop pretending that emergency evacuation zones of 10 miles are adequate, and expand planning to include residents living within 50 miles of a nuclear power plant,” said Eric Epstein of Three Mile Island Alert in Pennsylvania. “On Friday, March 30, 1979–while school was in session–Governor Thornburgh recommended a ‘precautionary evacuation’ for preschool children and pregnant women living within five miles of Three Mile Island. The targeted population was estimated at 5,000, but more than 144,000 central Pennsylvanians from 50 miles away fled the area–further proof that a radiological disaster is not a controlled field trip.”

Indian Point, 24 miles from New York City, sits at the epicenter of the most demographically dense area of any nuclear reactor in the nation.  Even under normal conditions, traffic is congested and regional infrastructure is highly stressed.  During the severe snow, rain and wind storms of the past few years, large swaths of the region have been brought to a near standstill.  And yet the NRC ignores all these realities, preferring to play with its computer models.  This is a dangerous game.

In light of the recent activities around nuclear plants both in the United States and in Japan it had become obvious that new Emergency Planning Zones need to be implemented. Japan is still experiencing unfolding occurrences that are taking place outside of their projected protected zone. The United States must move to protect her citizens who are in these dangerous pathways.

A third of the population in the U.S., or roughly 120 million people, lives within a 50 mile radius of a nuclear reactor. Current emergency planning rules require utilities to develop and exercise emergency evacuation plans within a 10 mile radius around reactors. The “ingestion pathway” currently consists of an area about 50 miles in radius and focuses on actions appropriate to protect the food ingestion pathway.

At Fukushima, and earlier at Chernobyl, interdiction of contaminated food and liquids has occurred further than 100 miles from the accident sites.

Japan is already acting to improve its emergency response capability, in the event nuclear reactors ever are allowed to operate there again. Prior to the disaster at Fukushima, the emergency planning zones for nuclear emergencies in Japan was between 8-10 kilometers (5-6 miles). The zone is now being expanded to 30 kilometers (18 miles). The actual Fukushima evacuation zone was a 20 kilometer (12 mile) radius around the site, although areas to the northwest had the heaviest radiation measurments on land.

The full text of the petition is available here: http://www.nirs.org/reactorwatch/emergency/petitionforrulemaking22012.pdf

Posted in Nuclear | Tagged , , , |

Solar Reaches Major Employer Status in Austin, But for How Long?

February 15, 2012 by Citizen Carol

A survey done by Solar Austin at the beginning of 2012 shows there are at least 615 full-time solar energy jobs in Austin.  These jobs include manufacturing, R&D, solar installation, financial and engineering consultants.  Adding standard jobs multipliers the total direct and indirect employment supported by the Austin solar industry is 1,180 to 2,190 jobs.

The job figures in Solar Austin’s survey did not include the 240 local job years of employment created by the 30-Megawatt solar park at Webberville east of Austin.  The group says the job potential for rooftop solar is even greater.

In 2004, Austin Energy began a rebate program to promote rooftop solar panel installations.  It was the first program of its kind in Texas. Austin has since founded and funded institutions that develop new clean energy technology and businesses resulting in clean-tech start-ups, spin-offs, and expansions with many of the jobs at family-wage scale – solar electric system installers making $36,000 a year, solar manufacturing jobs averaging $50,000 a year, and solar engineering paying $75,000 and more annually.

In spite of the potential for job growth, the group pointed to Austin’s south where San Antonio’s public utility CPS, has begun funding solar rebate programs that have overtaken Austin’s and challenged the city to continue to capitalize on their previous commitment, taking it to the next level to make Austin a renewable energy industry cluster in the same way it has electronic manufacturing and software clusters.

“We want thousands of jobs in renewable energy, not hundreds!,” says Public Citizen’s Texas director, Tom “Smitty” Smith.

Take a look at the 4 page flyer on the survey put out by Solar Austin – Jobs Survey 4-Pager.

Posted in Renewables, solar | Tagged , , , , , |

Even a few days of air pollution may trigger a heart attack or stroke

February 14, 2012 by Citizen Carol

According to an MSNBC article, even short-term exposure to air pollution — just a day or a week in some cases — may kick off a heart attack or stroke according to two new studies.  The studies reveal that the risk of heart attack or stroke can jump after high-pollution days, especially for people who already have predisposing health problems.

In a new analysis published in the latest issue of the Journal of the American Medical Association, up to a week of exposure to most major types of air pollution may be enough to trigger a heart attack.

  • Heart attack risk went up by almost 5 percent with high carbon monoxide levels over as little as seven days
  • Heart attack risk increased almost 3 percent with higher levels of air particles for up to seven days.

The risk of stroke jumped 34 percent after 24 hours of exposure to moderate air pollution, according to a study published in the latest issue of the Archives of Internal Medicine.

No one knows exactly how much pollution will trigger a heart attack or stroke, but experts suggest that vulnerable people protect themselves by minimizing time spent breathing air contaminated with a heavy dose of fine particles.  As exposure increases, both in terms of time and intensity, so does the risk of a heart attack and stroke.

The best recourse for those with cardiovascular disease may be to keep a close eye on local pollution levels, experts say. And government agencies are making that easier and easier. The Environmental Protection Agency, for example, has a downloadable app that provides information on local air quality. You can download the air quality app from the AIRNow app from the EPA’s website. The app works on both Apple and Android phones and allows users to get pollutant and ozone levels for more than 400 cities across the nation.

The culprit in both studies is particulate matter, tiny bits of material and droplets, known as PM2.5s. The particles come from a variety of sources, including power plants, factories, trucks and cars.

If you live in an area that is in non-attainment for federal air quality standards such as DFW or Houston, this should cause you some concern as the Texas leadership does everything they can to block the EPA’s efforts to enforce the Clean Air Act.  While they express concern about EPA regulations on the financial health of the energy industry, touting the imaginary loss of jobs, they rarely express concerns about the actual health of Texans who would be protected by the increased regulation.

Posted in Air Quality | Tagged , , |

A little bit of rain, a little less drought?

February 10, 2012 by Citizen Carol

drought monitor Feb 7, 2012While only 23 percent of Texas remains under “exceptional” drought, 90% of the state is still under some level of drought in spite of the recent rains many parts of the state have experienced.  But we can’t get cocky, as the U.S. seasonal drought outlook indicates most of Texas can expect the drought to persist or intensify through April of this year.  If we are lucky, the next outlook won’t be so dire as we head toward another Texas summer, hopefully not like our last one.

Drought Outlook thru April, 2012

Posted in Coal Plants, Global Warming, Nuclear Plants, Water | Tagged , |

The task force responsible for revamping U.S. nuclear waste policy has issued its final report.

February 3, 2012 by Citizen Carol

Among the recommendations for managing the current stockpile of spent nuclear fuel — approximately 65,000 tons of waste stored at about 75 operating and shut-down reactor sites around the country — is a plan to move the waste to temporary storage sites.

Public Citizen rejects this plan. In the absence of a permanent and viable solution, we and more than 200 other organizations advocate safeguarding the waste where it is generated.

Tell your representative in Congress to reject efforts to move radioactive waste to temporary dump sites.

The temporary dump plan is flawed for several reasons:

  • It would put tons of lethal radioactive waste on our highways, rails and waterways. An accident in transit could put whole communities at risk.
  • It would condemn a few targeted communities to being radioactive waste dumps for the whole country. Past attempts to place temporary dumps targeted Indian reservations and poor communities of color by offering substantial financial incentives.
  • The temporary dumps could become permanent if no suitable geological repository site is found.
  • It does not address an existing critical vulnerability of nuclear waste storage: almost all reactor fuel pools are filled to capacity. Fuel that is cool enough to move is stored in outdoor casks. Both types of storage are vulnerable to accidents, attack and natural disasters, as shown so clearly by the Fukushima nuclear disaster.

To better safeguard this waste, we advocate hardened on-site storage — a plan that calls for emptying the waste storage pools and placing the irradiated rods in high-quality outdoor casks fortified by thick bunkers and berms.

Ideally, we should stop generating nuclear waste, but while it continues to accumulate, we must implement smart safeguards to protect people and the environment from the immediate risks associated with high-level radioactive waste.

Tell your representative to increase nuclear waste safety at reactor sites.

Posted in Nuclear, Radioactive Waste | Tagged , , , , |

California nuclear plant may have leaked radioactive gas.

February 1, 2012 by Citizen Carol

The Nuclear Regulatory Commission is reporting that a “small” amount of radioactive gas may have leaked at the San Onofre Nuclear Generating Station in Southern California.

The San Onofre plant is on the Pacific Ocean coast near San Clemente north of San Diego. It consists of two units, No. 2 and No. 3. No. 1 was shut down permanently in 1992. It is one of two nuclear plants that generate electricity in Southern California; the other is the Diablo Canyon plant in San Luis Obispo County.

The Unit 3 reactor at the plant was shut down Tuesday night after a possible leak was detected in one of the unit’s steam generator tubes.  The company and federal regulators say the release would not have posed a safety risk for the public, but we’ve heard that before (can you say TEPCO/Fukushima/the Japanese government one year ago?) so we will keep an eye on this one.

Unit No. 2 at San Onofre was already offline for maintenance and refueling.  In September, the failure of a major tranmission line between Arizona and California caused the Onofre reactors to go offline automatically.

And folks carry on about renewables being unreliable.

Posted in Nuclear, Radiation | Tagged , , , |

A Texas town runs out of water, will we see more?

January 31, 2012 by Citizen Carol

Spicewood, Texas, a small community on Lake Travis, is precariously close to becoming the state’s first community to run out of drinking water during this historic drought.  On Monday, under dark clouds and with rain falling, Spicewood got its first delivery of 8,000-gallons of water after it became clear local wells could no longer produce enough water to meet the needs of the 1,100 residents.

Several communities in Texas have come close to running out of water during 2011, the driest year in Lone Star State history, but until now none had to truck in water.

For more than a year, nearly the entire state of Texas has been in some stage of severe or exceptional drought. Rain has been so scarce lakes across the state have been drying up. One town near Waco, Groesbeck, bought water from a rock quarry and built a seven-mile pipeline through a state park to get water. Some communities on Lake Travis moved their intake pipes into deeper water. And Houston started getting water from an alternative, farther away reservoir when Lake Houston ran too low.

Although it has started to rain more this winter, it is not enough to fill the state’s arid rivers and lakes.  Austin, Tx still remains nearly 20 inches below normal rainfall for the past 12 months, so we are talking about rainfall events of 20 inches plus, basically flood events, to bring the lake levels up.

Under the current long term weather predictions, we are not likely to see such an extreme weather event as la Nina keeps its hold on Texas, bringing dryer than normal conditions through the spring.  2012 is going to be a difficult year for the Lone Star state.

Posted in Water | Tagged , , , |

Texas Coalition for Affordable Power Release Report on Electric Deregulation

January 30, 2012 by Citizen Carol

Texas Coalition for Affordable Power’s (TCAP) report on electric deregulation in Texas says the industry has failed to deliver, while industry and agency critics find fault with the reports price and reliability comparisons.

Texans have paid higher prices for power that is less reliable – as evidenced by two rolling blackouts – during a decade of electric deregulation, the report, Deregulated Electricity in Texas: A History of Retail Competition – The First 10 Years,  asserts.

Commissioned by the Texas Coalition for Affordable Power, a non-profit including 163 municipalities and other political subdivisions, the report takes sharp aim at higher retail prices, increased consumer complaints and greater reliability problems.

Key findings of the report include:

  1. During 10 years of deregulation, typical electric customers paid $3,000 more than other Texans not subject to deregulation.
  2. Nationally, Texans paid average prices 6.4 percent below national averages before deregulation but 8.72 percent higher in the 10 years since deregulation.
  3. Customer complaints have risen because an increase in providers has also produced an increase in the complexity of contracts.
  4. Texaselectric reserve margins – which are key for electric reliability – have shifted from among the highest nationally before deregulation to among the lowest now.
  5. Under deregulation,Texashas seen two rolling blackouts in four years and nine reliability emergencies last year alone. Before deregulation,Texasendured only one rolling blackout in more than 30 years.
  6. Electric generators are seeking market changes “that abandon competitive principles” and rely upon “artificial price supports.” At the same time, generators are making no promises that they’ll add new electric supplies if they get their wish for market adjustments.
  7. The power grid, the Electric Reliability Council of Texas (ERCOT), has “suffered persistent management problems.”

The report acknowledges that electric prices have recently dropped but also notes that customers have endured $7 billion in “stranded costs” under deregulation that were shifted from electric generators to electric customers.

TCAP Board President Jay Dogey said recent drops in both prices and complaints are not “sufficient to offset the billions of dollars in excess costs to consumers. All this points to a market that is deregulated but still not fully competitive.”

John Fainter, president and chief executive officer of the Association of Electric Companies of Texas, said TCAP’s report fails to consider several key factors that undermine its comparisons, but that still cannot counter the fact that Texas has some of the highest electric bills in the country.

Texas Public Utility Commission Chairman Donna Nelson responded to the report’s price comparisons by re-issuing a letter she sent to Senate Business and Commerce Committee Chairman John Carona (R-Dallas) more than a year ago.

A copy of Nelson’s letter is here.

TCAP’s report is here.

Posted in Global Warming | Tagged , , , , |

RR Commission instituting “real” penalties for repeat offenders?

January 24, 2012 by Citizen Carol

Chronic violators of Texas Railroad Commission safety rules may be looking at steeper fines if they don’t clean up their acts.

In response to the agency’s Sunset review last session, the commissioners who regulate the state’s booming oil and gas industry are expected to approve penalty hikes in six major categories, taking special aim at repeat offenders. The proposed penalty hikes – the first since 2004– will then undergo a 30-day public comment period before new rules are finalized. Repeat offenders will see their penalties enhanced.

If approved, penalties will increase for an array of safety violations in six major divisions: 1) oil and gas 2) pipeline safety 3) propane safety 4) compressed natural gas 5) liquid natural gas and 6) underground pipeline damage prevention (rules requiring such things as calling before digging).

No estimate has been made available on how much extra revenue the tougher penalties will raise, but all proceeds will be funneled into the state budget’s General Revenue Fund.

While details are not yet available on exact increases across the board, according to the Texas Energy Report, a few examples make clear that the commission means business. Take the current $2,000 penalty for failing to plug a well in a timely fashion. Once the new fees kick in, violators will pay that amount plus $1 per foot of the well’s depth. So a driller of a 6,000-foot well who fails to plug the well will pay four times as much – $8,000.

Violators of safety rules for waste pits at oil and gas sites will see their fines increasing more than double under the proposed rules. If they use the pit for the wrong type of fluid, fail to get a permit for the pit or run amok of other rules, fines are set to more than double – from $1,000 now to $2,500.

Until now, penalties at the commission have always been in the form of staff guidelines, but the new penalty guidelines will be plaed into rules. State law caps all penalties at a maximum of $10,000 per day, and commissioners will retain their power to adjust fines.

While the Railroad Commission is going above and beyond the recommendations of the Sunset Commission, environmental groups believe penalties should be above the economic benefit to the company to be effective in detering repeat offenders.

Posted in Air Quality, Sunset | Tagged , , , |

Sierra Club sues TCEQ for failure to provide an opportunity for public comment on several permits

January 23, 2012 by Citizen Carol

The Sierra Club claims the Texas Commission on Environmental Quality illegally gave four coal-fired power plants passes to pollute the air.

The Sierra Club says the state in December illegally approved permit amendments for Luminant Generation Co.-owned plants in Freestone, Rusk, Titus and Milam counties (Big Brown, Martin Lake, Monticello and Sandow).

It claims the amendments allow increased air pollution, “including thousands of additional pounds per hour of particulate manner, a pollutant linked by numerous scientific studies to heart attacks and premature death, without any public notice, the opportunity for public comment, or the opportunity for contested case hearings.”

Sierra Club attorney Ilan Levin told the Austin American-Statesman the lawsuit comes as coal-fired plants are applying for permit amendments for emissions produced during startup, shutdown and maintenance, which were not previously regulated by the state.

Levin said that not all plants seeking permitting changes are required to go through a public process, but these permits are for large enough increases that public notice is required.

“We were surprised to find out that, really, just by trolling the agency’s website, that right before the holidays, the TCEQ had issued these permits to Luminant without any public notice or any sort of opportunity at all to file some formal comments,”  Levin said.

In its complaint in Travis County Court, the Sierra Club says it asked the TCEQ air permits director on Feb. 22, 2011 to require public notice for Luminant and other electric utilities’ permit amendment applications, but received no response.

The environmental group says regulators failed to conduct a best available control technology analysis for the amendments, and failed to conduct a proper air quality impacts analysis for all four permit amendments.

Posted in Global Warming | Tagged , , |

Senator Watson asks PUC Chair, Donna Nelson, to promote solar

January 19, 2012 by Citizen Carol

As interim legislative hearings and ERCOT workshops grapple with the drought’s anticipated stresses for Texas electric generation and reliability, Sen.Kirk Watson (D-Austin), is calling on the Texas Public Utility Commission to give solar energy a push.

“You stated that your highest priority as chair of the PUC is to prevent rolling outages,”Watson wrote in a Jan. 13 letter to PUC Chair Donna Nelson, mentioning her testimony last week before the Senate Business and Commerce Committee.

“Drought-proof solar power that can be available at the times of peak demand is one way to avoid rolling outages,” his letter continued. It noted that Nelson mentioned the importance of wind energy and the state’s CREZ (Competitive Renewable Energy Zones) lines in reducing the state’s reliance on water.

Nelson has opposed rulemaking to promote solar energy generation as directed in a bill passed by the Texas Legislature in 2005 directing the PUC to establish a non-wind renewable energy target of 500 megawatts. Nelson, however, has said that Senate Bill 20 by Sen.Troy Fraser (R-Horseshoe Bay) during that special session was not mandatory.

During a PUC meeting in December 2010, Nelson said she believed the PUC needed more direct guidance from the legislature during the spring 2011 session before moving forward.

“It’s called a target,” she said, “and everyone knows a target is not mandatory. It would be my preference if we waited – forever.” When a proposed rule on the matter surfaced again last summer, the commission tabled it.

In his letter, Watson took issue with Nelson’s argument that the PUC lacks legislative authority.

“Moving forward on the 500 megawatt non-wind renewable energy rule is an act that lies fully within your authority and that requires no further action or direction from the legislature,” Watson wrote. “It would boost investment in solar power right away, at a time when any potential cost to consumers can be mitigated by federal investment tax incentives in place through 2016. Not only would this action be seen as a wise and prudent step for ERCOT (Electric Reliability Council of Texas) grid reliability, but it would be a simple and bold display of the leadership that our state desperately needs.”

See Sen. Watson’s letter below.

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