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We are truly in danger of losing the coal ash fight because of two anti-coal ash amendments tacked onto the House budget legislation.  We anticipate that the first amendment (No. 10) will be on the floor THIS AFTERNOON.

These two amendments, Amendment 10 offered by Congressman Cliff Stearns (R-FL) and Amendment 217 offered by David McKinley (R-WV), would prevent EPA from regulating coal ash as a hazardous waste by explicitly preventing the funding of a subtitle C rule.  If passed, the amendments, which are nearly identical, would require EPA to regulate coal ash as a nonhazardous waste under subtitle D.  EPA’s only option would be to issue guidelines for states that not mandatory and that are unenforceable by EPA.  The amendments would maintain the status quo of lax (or absent) state oversight of coal ash dumping and would guarantee that polluters will have the legal right to continue to dump coal ash in unlined pits and ponds. 

Earthjustice is asking you to call your representative in Congress TODAY and ASK THEM TO VOTE NO ON AMENDMENTS 10  AND  217. 

Your calls will make a difference.  Even if we lose in the House, if the margin is not great, we may be able to defeat the amendment in the Senate.

Calling is simple: Locate the telephone number of your member of Congress by using the link below – just insert your zip code.  http://www.contactingthecongress.org/

THANK YOU for your help at this critical time.

Oak Grove coal fired power plant was one of the plants that caused rolling blackouts in Texas on February 2, 2011ERCOT just released an updated list of all of the power plants that were not operating Feb 2, contributing to the power shortages that caused the rolling blackouts.  That document is here, but we present the data below for your convenience.

Notice a trend? Natural gas and Lignite coal were the main power sources that couldn’t cope.

Meanwhile, the wind really saved our bacon. And since wind companies’ standard operating procedure is to bid into the market at $0 for their extra capacity (no fuel charge, so it doesn’t cost them anything to turn on the extra turbines if the wind is blowin’: unlike a gas plant that has to, you know, pay for their gas. Assuming they can get gas, that is.) wind did not contribute to the high prices of energy or manipulate the market.

For an even more in depth rundown, please see our testimony our Deputy Director, David Power, gave in front of a special joint session of the Senate Business and Industry and the Senate Natural Resources Committees.

PS- Sorry if the formatting on this list is hard to read- we tried as best we could to get all the data on here. Continue Reading »

State Rep. Warren Chisum, a Republican from Pampa, Texas plans to seek a place on the Texas Railroad Commission (RRC), either by gubernatorial appointment once Michael Williams resigns in April or by running for the seat expected to be vacated next year when Elizabeth Ames Jones declines to seek re-election because of her aspirations to the U.S. Senate.

The 72-year-old lawmaker has served in the House since 1989 and is an oil and natural gas producer and rancher who began his career on oil drilling rigs and in truck yards.  A key lieutenant of former Speaker Thomas Russell “Tom” Craddick, Sr., and an active candidate in the ill-fated attempt to unseat Speaker Joe Straus at the beginning of the current session, Chisum has not had a committee chairmanship since Tom Craddick was toppled in 2009.

Recent recommendations from the Sunset Advisory Commission call for changing the name of the agency to the Texas Oil and Gas Commission and restructuring it to be governed by a single statewide elected official who would serve a four-year term concurrent with the governor and the other major statewides.  Chisum disagrees with the move to change the RRC from a three member elected commission to a single elected commissioner.

If he does enter next year’s Railroad Commission primary, Chisum starts with a heavy “war chest.”   His current report on file with the Texas Ethics Commission shows him with more than $632,000 cash on hand.

A California utility, Southern California Edison, has selected 250 MW worth of solar bids from companies able to produce solar electricity for 20 years for less money annually than the 20 year levelized cost of combined-cycle natural gas turbine power plant energy.

The utilities bidding process for smaller renewable projects is a smart move. These small projects do not face the multi-year bureaucratic delays for extensive reviews, like most utility-scale solar in California, so each small unit can be built as quickly as normal commercial rooftop solar projects. They are made up of multiple distributed solar installations of under 20 MW, which in combination total a power plant-sized 250 MW.

The utility already gets more than 19% of its electricity from renewable sources, placing it in the lead to reach California’s Renewable Energy Standard requirement to get 20% of its electricity from renewables (which specifically excludes large hydro and nuclear) by 2013.

Using a bidding process, SCE has made renewable energy companies compete to offer the lowest price for supplying electricity through its Renewable Standard Contract, which has a requirement that the renewable energy be priced to cost no more than the Market Price Referent (MPR) – an annual calculation of the 20 year levelized cost of energy of a combined cycle gas turbine.

SCE says that they received over 2.5 GW – 2,500 MW – of offers from solar companies eager to supply solar power for less than the cost of gas which at this time is in the 11 cent range. 

This year, the solar bids are below the MPR, meaning that they cost less than the annual cost of getting the same amount of electricity from natural gas over the same time period.

For California, a renewable energy portfolio standard (RPS) is keeping prices down for consumers.  A non-wind RPS in Texas could do the same for this state, and give solar the boost that the 2005 RPS gave the wind energy industry in Texas, taking the state from a few hundred MW of wind to 10,000 MW in just a few short years.

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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.

Texas Mail-in Rebate Program

If you’ve considered participating… 

Funds are still available for the Texas Appliance Mail-In Rebate Program. Texas has already approved over $12 million in rebates and funds are limited, so act soon!

Funding for the program is available to Texas residential consumers on a first-received, first-issued basis according to the application’s postmark date until funds are depleted. 

  • You can check available rebate funds to see daily updates on the estimated rebate funds remaining. As funds near depletion, we will issue a notice of closure on our website.
  • Review the Rebate Eligibility Program Rules and search eligible appliance models before you purchase and install an appliance.
  • To be eligible for a rebate, program rules require that you remove and properly dispose of your old appliance. In doing so, you have one of two options to choose from: Recycling or Disposal

    NOTE: If you do NOT have an existing appliance to recycle/dispose of, OR if you keep, gift, donate or sell your old appliance, you will NOT be eligible for an appliance or recycling rebate.

  • Completely fill out an Official Rebate Application Form (PDF, 116KB), including the “Disposal/Recycling Information,” and submit according to program rules.
If you’ve already mailed in an application…
  1. It may take up to eight weeks to review and approve your application. You can check your rebate status online or call toll-free (855) 556-1312.
  2. Double check your application form to make sure it was filled out completely and accurately. An incomplete application form is the most common error; you may have overlooked something as simple as selecting the check box for “Option One: Disposal” vs “Option Two: Recycled.” You may resubmit missing information to ensure your application is processed. Please write your Rebate ID number on all resubmitted forms and supporting documentation. Check your rebate status online or contact customer service to retrieve your Rebate ID number.

    NOTE: If you do NOT select an option under the “Disposal/Recycling Information” section, then “Option One: Disposal” will automatically be selected for you and you will NOT qualify for the additional $75 bonus recycling rebate.

For other program questions, please see the Texas Comptroller’s Frequently Asked Questions (FAQs), contact customer service or call toll-free (855) 556-1312.

Senator Troy Fraser, the chair of Senate Natural Resources Committee, warned the major electric generation companies this afternoon that unless they move swiftly to shore up their power plants against extreme weather, they can expect more regulations from state government.

Fraser said he would prefer free market solutions, but is prepared to impose new regulations, letting everyone in the room know that they were going to be leaning on the Electric Reliability Council of Texas (ERCOT), the Public Utility Commission (PUC) and the Railroad Commission, but clearly directing his remarks at the top executives of Luminant, NRG Texas and Direct Energy, who were there to testify as a panel during the hearing.

The following is Public Citizen’s testimony at today’s Senate (Business and Commerce and Natural Resources) hearing on the rolling blackouts. Public Citizen’s was the only public testimony given today, following the sea of invited testimony from agencies, retail electric providers, and electric generation companies.  If you want to watch the archived video of the hearing, click here. Continue Reading »

Industry groups began raising objections to the movie “Gasland” when the documentary first aired on HBO last June.  However, they recently stepped up their attacks when Gasland was nominated for an academy award. 

Energy in Depth, a group representing a coalition of industry groups including the Pennsylvania Independent Oil and Gas Assn. and the Texas Alliance of Energy Producers. sent a letter to the Academy of Motion Picture Arts and Sciences arguing that “Gasland” should be ineligible for best documentary feature because, in their opinion,  it contains inaccuracies.

While other industries have launched public relations campaigns to discredit documentaries — health insurers targeted Michael Moore‘s “Sicko” in 2007,  and Dole challenged a 2009 documentary called “Bananas!” — this is the first time an industry group has appealed directly to the academy.

Compared with documentaries like “Sicko” or the environmental film “An Inconvenient Truth,” “Gasland” has been seen by relatively few people.  The film took in only $30,000 in a small theatrical release in the fall.  But in recent months Fox has shown “Gasland” to members of Congress and at the Environmental Protection Agency, and held community screenings in 100 cities.  But that is the prerogative  of the filmmaker. 

What the industry has done in writing the letter to the academy was to draw more attention to the movie than it otherwise would have gotten.  This kind of action might actually result in more members of the academy voting for it. They’ve revitalized the life of this labour of love documentary.

In “Gasland,” director Josh Fox learns that the land near his Pennsylvania home has been designated for hydraulic fracturing or fracking, a process that involves blasting water, sand and chemicals into underground rock to extract oil or gas. Fox, whose previous film “Memorial Day” was about the Abu Ghraib prisoner abuse scandal in Iraq, sets out on a road trip to fracking sites around the U.S. to learn more about the process.

The academy understands its role does not include that of an investigatory agency, and the members will make their decisions on this year’s documentary category as they have done in the past.  Whether or not the film wins an Oscar, the past months have done more to increase public awareness of this industry practice (a December poll conducted for the nonprofit Civil Society Institute found that 45% of Americans very or somewhat aware of the controversy about fracking.) than the many news stories about the problems communities have experienced, and we hope that the state and federal regulatory agencies will work to ensure the industry applies this process in a way that is not hurtful to citizens who live around fracking sites.

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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.

Guest contributer - Paul Sadler

Paul Sadler is the executive director of the Wind Coalition, and a former Texas state legislator.  He responds to the recent comptroller report which he believes did not accurately represent the job creation potential of wind energy

If we are to believe a recent report from the comptroller’s office (“An Analysis of Texas Economic Development Incentives 2010”), wind energy creates only 500 jobs in Texas.

And if we are to believe another claim by the comptroller’s office, a weekend of Formula One racing at a taxpayer-subsidized track in Austin will bring 5,000 jobs. In other words, even though Texas is the sixth-largest producer of wind energy in the world, with enough installed capacity to power 2.5 million homes, we are supposed to believe it produces one-tenth the number of jobs as expensive cars driving along a track.

Texas Comptroller Susan Combs has indicated she does not believe the statute authorizing her report on economic development incentives allows her to look at the total economic impact of wind energy as she did for a Formula One race.

So, let’s introduce some facts missing from the comptroller’s report. Continue Reading »

Even CSI is talking about fracking

According to the Fort Worth Star Telegram, the Barnett Shale natural gas fields of Denton and Wise counties are one of five finalists to be considered for a case study as part of the Environmental Protection Agency’s (EPA) examination of hydraulic fracturing.  

That is not a competition I would want to win, but if I were facing possible contamination of drinking-water supplies from oil and gas industry operations in areas where drilling and hydraulic fracturing have already occurred, I’d want to know what the extent of that pollution was.

Nevertheless. a Texas organizer for the Earthworks Oil and Gas Accountability Project, expressed concern Wednesday about the study, stating she felt EPA would be using “people as guinea pigs.”  She called for the leaders in those Texas communities to consider placing a moratorium on hydraulic fracturing until after the study is complete (like that is going to happen–sadly probably not) and use some other community for the study. Continue Reading »

TransCanada has filed more than a dozen lawsuits to condemn land along the route of its Keystone XL oil pipeline in western South Dakota, trying to force the 47 percent of the landowners who hadn’t signed easement agreements along the states portion of the Keystone XL route, even though it hasn’t received the federal permit it needs to go ahead with the project.

The lawsuits come at a time of growing opposition to the 1,660-mile pipeline, which would carry oil from tar sands fields in Alberta, Canada, and pass through several states, including South Dakota, on its way to terminals on the Gulf Coast. Environmentalists have joined landowners to lobby against the project all the way down the route, from Montana to Texas.

Because the project would cross an international border, TransCanada also needs a presidential permit from the State Department. The decision, which hinges on the results of an amended environmental impact statement, will be forthcoming within weeks and Secretary of State Hillary Clinton is inclined to grant it.

Keystone Pipeline Route

Proposed Keystone XL Pipeline Route

Landowners in Texas along the pipeline who haven’t been happy with their dealings with Keystone XL have already received letters threatening eminent domain action and Senators Craig Estes (R-Wichita Falls) and Robert Duncan (R-Lubbock) recently filed a bill (SB 18) that appears to be favorable to pipeline projects in their use of eminent domain and is moving through the legislature quickly.  Citizens in the Barnett Shale region have already begun to express concerns about how this might affect their property rights.  Those along the Keystone XL pipeline route, might want to keep an eye on this bill too.

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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

Loren Steffy, the Houston Chronicle‘s business columnist writes this week about why the lights went out.

Loren Steffy, Houston Chronicle

We are left with an electricity market that has failed at both ends. Leaving our power supply dependent on the whims of that market means that last week probably won’t be the last time it leaves us in the dark.

Click here to read Loren’s blog.

ERCOT has moved their regularly scheduled board meeting up from Tuesday to Monday, February 14th to allow for a special 2 hour time to take up a review of February 2, 2011 Energy Emergency Alert (EEA) Event. Continue Reading »

The Texas Senate Committee on Business and Commerce will convene in a joint hearing with the Senate Committee on Natural Resources at 8:30 a.m. on February 15, 2011, in the Senate Chamber.  The purpose of the hearing is to receive updates on the power outages of February 2nd through 4th and to discuss the status, preparedness, and responsiveness of current operating procedures.  Invited and public testimony to be taken.

The hearing will begin with invited testimony divided up into 4 panels of witnesses.  The panel makeup is as follows:

Panel 1

  • Barry Smitherman, Chairman, Public Utility Commission of Texas
  • Trip Doggett, President and CEO, Electric Reliability Council of Texas
  • Michael Williams, Commissioner, Railroad Commission of Texas
  • Bryan Shaw, Chairman, Texas Commission on Environmental Quality
  • Sheri Givens, Public Counsel, Office of Public Utility Counsel

 Panel 2

  • David Campbell, Chief Executive Office, Luminant
  • Ned Ross, Director, Government Affairs, Direct Energy
  • John Ragan, Regional President, NRG

Panel 3

  • Brenda J. Pulis, Senior Vice President of Operations, Oncor
  • Wade Smith, President and Chief Operating Officer, AEP Texas
  • Larry Weis, General Manager, Austin Energy

Panel 4

  • Dick Erskine, President, Atmos Pipeline Company
  • Scott Doyle, Division Vice President, Texas Operations, Centerpoint Energy
  • Steve Turk, Vice President of Operations, Southern Division, Chesapeake Energy

Following the invited testimony, the committees will take testimony from the public.  You may submit written testimony, please submit 24 copies with your name on each copy to the Committee staff at the hearing, and please provide an electronic copy at your earliest opportunity.   If you would like to speak during public testimony, please limit oral remarks to three minutes.  Only those providing oral testimony will be listed as witnesses on the record, but you can still submit written testimony even if you are unable to speak at the hearing.

Live Video will be available on the Senate website

Senate Business and Commerce Committee Members
Committee Clerk:

Chair:

Kimberly Selinger

Sen. John Carona

Vice Chair: Sen. Chris Harris
Members: Sen. Kevin Eltife
  Sen. Craig Estes
  Sen. Mike Jackson
  Sen. Eddie Lucio, Jr.
  Sen. Leticia Van de Putte
  Sen. Kirk Watson
  Sen. John Whitmire
 Senate Natural Resources Committee Members
Chair: Sen. Troy Fraser
Vice Chair: Sen. Craig Estes
Members: Sen. Bob Deuell
  Sen. Robert Duncan
  Sen. Kevin Eltife
  Sen. Glenn Hegar
  Sen. Juan Hinojosa
  Sen. Mike Jackson
  Sen. Robert Nichols
  Sen. Kel Seliger
  Sen. Carlos Uresti

In a Public Utility Commission (PUC) hearing on Thursday, to address what happened to cause the rolling blackouts of Feb. 2, members of the commission accused the Electric Reliability Council of Texas (ERCOT) of ignoring dire energy forecasts, failing to communicate with other important decision makers, and understating the risk of rolling blackouts.

Texas PUC Commissioner Donna Nelson

Texas PUC Commissioner Donna Nelson

As part of a routine review of rules governing its relationship with ERCOT, PUC Member Donna Nelson requested to add language that says the commission at its own discretion and without ERCOT board approval may terminate the employment of the chief executive officer.

Board members indicated that what happened on February 2nd and the hours leading up to the decision to institute rolling blackouts throughout the state pointed to part of a pattern of ERCOT’s failure to communicate with the public and the PUC, the oversight agency for ERCOT.

Click here to view the archived video of yesterday’s PUC open meeting.

State officials seem determined to hold somebody accountable. The state Senate will also hold hearings in to the blackouts beginning next week.

PEAK OILWhile not a huge fan of Wikileaks, I find this new release from them to be of interest.  We haven’t heard folks talking much about “peak oil” in a while, but a recent Wikileaks release confirmed what many have believed for years, that Saudi Arabia’s oil reserves may have been exaggerated by as much as 40%, or 300 billion barrels.

Peak oil” is a term that was coined several years ago to short-hand a theory that we may be reaching a point when oil extraction cannot be expanded and that we’ll decline from this peak—perhaps rapidly—creating a spike in oil prices or a huge demand for alternatives.

The London Guardian has published the referenced cables and you can see them yourselves by clicking here.

Matthew Simmons’ Twilight in the Desert, made the case that Saudi Arabia’s production capacity had already maxed out, and Business Week published an article three years ago based on internal Saudi documents saying much the same thing.

Saudia Arabia has been able to pump 12 million barrels a day in short spurts but only 10 million barrels on a steady basis.  Production capacity just isn’t going up. Some other Middle Eastern countries and Central America have more production capacity if they can develop it, but Saudi Arabia increasingly looks like it’s peaked already. And if that’s true, it probably means that the global peak in production, which was delayed a few years by the recession, may not be too far away.

Our future is going to be increasingly oil free whether we like it or not.  Even more reason to invest in wind, hydro, geothermal and storage solutions now.

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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