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In December Texans for Public Justice reported that Dallas billionaire Harold Simmons had contributed $620,000 to Governor Rick Perry.  TPJ’s publication Lobby Watch questioned how Perry’s appointees could objectively regulate Simmons’ nuclear ambitions. That question looms larger after Simmons gave Perry another $500,000 this in 2010. Having given him a total of $1,120,000, Simmons now ranks as the governor’s No. 2 individual donor.1

And now, Harold Simmons, is the largest benefactor for the new Railroad Commissioner, David Porter.  According to the report filed yesterday with the Texas Ethics Commission, which covered the period from late October until the fundraising moratorium triggered by the 2011 legislative session, Porter’s largest single donation came from Harold Simmons, the owner of Dallas-based Waste Control Specialists, who delivered a check for $25,000 to Porter on Oct. 27. . . .and another check for $25,000 the same day.    Simmons also made contributions to Porter in June to the tune of  $10,000, according to Ethics Commission reports.

I think the giving levels of Harold Simmons warrant watching, especially given the fact that much of his business is regulated by state agencies, and his predilection for spending money late in the election cycle (such as a gift of half a million dollars to Texans for Lawsuit Reform- a notorious tort reform super-PAC), a trick employed by Karl Rove to escape campaign finance scrutiny until an election is looooong over.

Future's so brightCPS Energy CEO Doyle Beneby announced that the utility will acquire an additional 50 megawatts of solar power and that the company chosen to build the new plants for it will be required to locate a portion of its business in San Antonio.  Currently the negotiations include a leading solar manufacturer to locate a small office in the area and invest in an educational center at one of the solar sites with a larger goal of having a solar company locate a manufacturing plant or perhaps an assembly plant in San Antonio.

San Antonio is trying to do locally, what the State should be doing – luring new renewable industries and jobs to Texas.  As CPS and San Antonio take the lead in fulfilling their potential as a clean energy hub, let’s hope the State takes notice and begins to follow suite.

The United State’s much-touted nuclear renaissance is in jeopardy, but it is not primarily from environmental and safety concerns. The industry is finding it increasingly difficult to make the economic case for building new nuclear plants.

The enormous capital cost of building reactors is just one factor holding back the long-promised nuclear revival. Just as critical is the risk that the already high costs will balloon as companies build new-generation plants that must be able to withstand the impact of a terrorist crashing an airliner into one.  Companies are facing difficulties financing their plants due to the long lead times needed for permits and construction before they can begin to recoup capital expenditures. Then there’s the potential for cost overruns, so companies are looking for political and regulatory support to shift financial obligations onto customers and taxpayers to minimize risk in what Moody’s Investor Service Inc. has dubbed a “bet-the-farm” type of project.

That effort to offload financial risk to partners, customers and governments is the hallmark of the 21st-century nuclear industry. Continue Reading »

The Dallas-Fort Worth area has long been recognized as among the most traffic-congested areas in America, and immediately following the MLK holiday, it will be recognized by the federal government as having some of the most polluted air as well.

The region will become known as a “serious” violator of air-quality standards set by the U.S. Environmental Protection Agency, a designation that will put it infamously among the worst-offending metro areas in the country.

Five other regions in the country are even worse, labeled either “severe” or “extreme,” with  Houston also considered a severe offender.

In order to deal with this designation, the state will need to chart a new compliance plan for the region, something that could govern the kinds of highway projects and other infrastructure that is built in North Texas.

The Texas Commission on Environmental Quality will be required to develop a clean-air plan tailored to the nine-county DFW nonattainment area by July 2012.  Much of this is already under way.

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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.

 

 

As an end of the month deadline looms, PUC once again postponed a final decision on the route of a controversial portion of the lines and towers that will carry wind power from West Texas through the Hill Country and on to the state’s more populated regions

At this point it looks like PUC will likely act next week at their Jan. 20 meeting, following a marathon meeting Thursday.

The proposal has drawn fire from hundreds of Hill Country property owners on grounds that the power lines and towers would severely damage the area’s natural beauty and devastate property values.

Tune in after January 20th to find out what is finally decided.

Luminant, operator of the two-unit Comanche Peak nuclear power plant 45 miles southwest of Fort Worth, shut down the facility’s Unit 1 reactor about 7 p.m. Thursday and they were still working earlier today to correct the problem that caused the shutdown.  No word yet as to when the unit would be back online. 

Luminant says they were  investigating the cause of this issue, but decided to to take the unit offline to ensure the continued safety of plant employees and plant reliability due to a problem related to an under-voltage relay, which ensures the appropriate amount of voltage is provided to a pump motor.

This outage comes on the heels of STP’s almost month long shutdown back in November of 2010.  See our earlier blog post about that outage.

EDITOR’S NOTE:  Comanche Peak’s Unit 1 was reported back on on Saturday, January 15th.  We were unable to find out what time the nuclear reactor was brought back on line that day, but know that the unit was off line for more than 24 hours.

EPA v. Texas: Showdown in Dallas

The much anticipated hearing between the Environmental Protection Agency and Texas regarding the regulation of greenhouse gas emissions will occur this morning in Dallas, Texas.  The hearing is set to begin at 10:00 AM and is expected to continue through 7:00 PM this evening.  The hearing will be held at the Crowne Plaza Hotel in the Market Center and will assemble both the public and concerned citizens of Texas for dissent and opinion on the issue.  Many members of the community will be in attendance, as well as other battlemen fighting for justice, including the Sierra Club and of course, Public Citizen, represented by our very own pirate coal activist Ryan Rittenhouse! We will be making our voice heard this morning in Dallas in hopes of changing the current regulations concerning emission standards.  Businessweek has quoted Neil Carman of Sierra Club on the issue, who has assessed that the new rules of the EPA will not in fact be costly to implement whatsoever.

The latest controversy involves the decision made late last year that the EPA would in fact be taking over the permitting process regarding emission regulation in Texas.   In response, Texas is now currently suing the EPA to try and halt their implementation plan which would essentially call for more rigid regulation standards in either new or existing power plant and/or oil facilities.

Old Cowboy western shootout picture

EPA vs. Texas: Emissions Shootout

Texas claims that the EPA is overstepping the state’s authority with respect to emission setting standards.  The EPA’s justification for taking over the permitting process is related to Texas rejecting to comply with the EPA’s new greenhouse gas rules issued earlier this year.  The EPA claims that Texas has left them no other choice but to take over, not only because of the hot-headed letter we sent to EPA refusing to comply with the Clean Air Act, but also since Texas is also the leading nation in greenhouse gas emissions as well as industrial pollution.   By holding this hearing, the EPA is allowing both environmental advocacy groups as well as the public to voice their opinion before the final decision is rendered concerning emission standards.

Will the outcome of this battle prove to be victorious? Tune in next time to find out!

Related Articles:

http://www.businessweek.com/news/2011-01-06/epa-texas-feud-escalates-over-new-carbon-regulations.html

http://www.chron.com/disp/story.mpl/ap/tx/7381200.html#drop

http://www.bizjournals.com/sanantonio/print-edition/2011/01/14/epas-takeover-of-permitting-to-have.html

The industry group, Texas Competitive Power Advocates, today unveiled its spiffed-up new website to help drive its message in support of choice in the retail electric market.

In addition to advocacy information, the site provides links to state and local government regulatory agencies, the major news outlets and the association’s social media networks.

Check out their site and let us know if you think it provides information that helps you navigate the competitive electricity market here in Texas – http://www.competitivepower.org/

If you get your electricity from a municipal utility or are a member of a rural electric cooperative, this does not apply to you.  But if you are in an area where you have market choices and are wondering if you are getting the best deal, check it out.  Much has been said about electric deregulation in Texas, and we are curious to hear from you to let us know how you think that has been going.

The Texas Legislature opened its 2011 session yesterday amid a great deal of fanfare, but little substance at this point.  However, we can expect more interesting things to happen starting today when the Texas Sunset Advisory Commission makes their legislative recommendations for such controvercial agencies as the Texas Railroad Commission, the Texas Commission on Environmental Quality, and even the Public Utility Commission, who have come under some scrutiny during the hearings that were held back in December of last year. 

Yesterday the Republican caucus gathered to hash out what turned into a fizzled leadership challenge.  Today the Texas House met and affirmed Speaker Joe Straus‘ leadership, so we will move forward.  We still expect some changes in committee membership and leadership (in part due to the vast numbers of freshmen legislators that came out of the backlash elections in November), but perhaps not so much as might have been expected from a change in the speakership.  Most interesting as we begin this session is the gigantic budget shortfall that could change state government as the people have come to know it.

Republicans, having amassed their largest House majority in Texas history, now dominate the Legislature. Most of them are promising to make deep cuts in spending, balance the budget without new taxes, re-visit ID requirements for voters, “crack down” on illegal immigration and require women to get a sonogram — and then look at it — before having an abortion.

In remarks to the Senate yesterday, Perry warned lawmakers it won’t be easy to balance a budget facing such a massive shortfall.  The official revenue estimate shows the state is short billions — as much as $27 billion — of the amount that would be required to maintain the current level of services when adjusted for inflation and caseload growth.  Proportionally, Texas’ budget shortfall is worse than that of California and it is likely that any new initiatives that have a fiscal impact on the state’s budget bill, will go down in flames.

Democrats blamed Republican leaders for creating the shortfall and posit that critical programs will be curtailed as a result.

In the inimitable words of Bette Davis in All About Eve, “Fasten your seatbelts. It’s going to be a bumpy ride.”

The Texas Sunset Advisory Commission will make its recommendations on how and whether to allow such state agencies as the Railroad Commission, the Public Utility Commission and the Texas Commission on Environmental Quality to stay in business, tomorrow, January 12th.

The meeting convenes at 8 a.m. in the Senate Finance Committee room Room E1.036, Capitol Extension, 1400 Congress Avenue, Austin, Tx.  However, we don’t expect the Commission to get around to the Railroad Commission or TCEQ until after noon and the final Vote on Commission Recommendations to the 82nd Legislature is the last thing on their agenda.

Meeting materials are available on the Sunset Commission’s website at http://www.sunset.state.tx.us/whatsnew.htm.

Staff reports on the above agencies are available at http://www.sunset.state.tx.us/82.htm.

If you want to watch the meeting via the internet rather than attending, access is available through a live  broadcast at www.senate.state.tx.us/bin/live.php.

Current status of the proceedings will be posted at www.sunset.state.tx.us.

Join this meeting however you can.  It should prove to be interesting.

Texas Net-Metering Report This past summer, interns in Public Citizen‘s Texas office were busy calling utility companies (including rural electric cooperatives and municipally owned utilities) to find out what their policies were on net-metering. 

Net-metering is an arrangement by which excess renewable electricity produced by consumers who own (generally small) renewable energy facilities, such as wind, solar power or home fuel cells, is supplied to the electrical utility grid, causing the customer’s electric meter to spin backwards and generate credit to the customer’s electric utility account

What the policies are for customers to connect to the grid and how any credits are assessed to them for their excess energy is the subject of this report.  To read our report, click here.

Judge Pat Priest has sentenced former House Majority Leader Tom DeLay to three years in prison on the conspiracy charge he was convicted of in November.  Delay was also sentenced to five years in prison on the money laundering conviction but Judge Priest allowed DeLay to accept 10 years of probation instead of more prison time.

He is expected to appeal and the judge set a $10,000 bond, which means DeLay will likely be a free man until his appeal is complete.

The convictions stem from the 2002 Texas state house elections, when DeLay’s state PAC collected $190,000 in corporate donations and sent the money to the Republican National Committee. The RNC then sent a total of $190,000 to seven Republican state house candidates hand-picked by DeLay’s PAC.

Under Texas law, it is illegal for candidates to use corporate money — raised directly or indirectly — for their campaigns.

Public Citizen wants to acknowledge the work done by Craig McDonald, the director of Texans for Public Justice and former director of the Texas office of Public Citizen.  His work on tracking the money was key to the initial investigation of Delay and his PAC.

Last week, Nuclear Innovation North America (NINA) released a “poll” that they claim shows strong support both across Texas and in Austin for building more nuclear power plants in the state, but the dirty secret of polling in the corporate world is that corporate clients don’t conduct polls to find out public opinion: they conduct polling to buy results, which they can then trot in front of the media and elected officials to prove how popular they are.

Although the polls were done by taking random samples of registered voters (1,004 in the statewide survey and 700 in the Austin market), the questions were worded in such a way to elicit a positive response.  The Littlefield Consulting is one such poll, and its results were presented in a misleading fashion to the public.  It does not accurately reflect the voters of Austin’s true feelings on nuclear power which is, at best, mixed.

We’d like to run down the problems that we see with this poll below.
Major problem 1:
The poll says that 64% of Austin voters think nuclear power should play in important role in the city’s future.  But question 1 of the actual poll tells a very different story:

In general, do you favor or oppose nuclear power plants to generate electricity for Austin Energy?
Strongly Favor:  18.5%  / Somewhat Favor: 28.5%  / Somewhat Oppose:  16.2%  / Strongly Oppose: 19.9%  / Don’t Know 17%

Favor:  only 47% with Oppose / Don’t know: 53%

Support is tepid at best, with not even a majority of voters in favor of nuclear energy, much less nuclear expansion.  There are more voters who strongly oppose nuclear than strongly support it, meaning it is a bad issue at the ballot box.

By the end of the poll, after hearing all of the positive messages, support only increased to 64%.  Support is not only tepid, but even after hearing only one side of the argument, voters are not overwhelmingly convinced.

Major problem 2:
This poll makes false comparisons between energy choices.

Would you favor or oppose Austin Energy purchasing nuclear power if AE signed a contract to purchase the power at a rate competitive with coal and natural gas that is set and will not rise for 40 years?
Favor: 65%  /  Oppose: 23%  / Don’t Know: 12%

Given current economics, this is not possible. Cost estimates for new nuclear from STP 3&4 are generally 7.5 – 8.5 cents per kwh, while coal, gas, and renewables are all under 5 cents.

Major problem 3:
This poll presents inaccurate information to those people being polled and then asks them if that makes them more favorable to nuclear energy.
The poll touts STP’s stable price, reliable electricity, and environmental benefits without giving the true history of cost overruns, bailouts, enormous carbon footprint of construction or the mining and milling of uranium and storage of radioactive waste.  It also falsely connects nuclear power to energy independence, although nuclear power will not affect oil consumption in Austin at all.

Please tell me if each statement more likely or less likely to support Austin Energy purchasing more nuclear energy from the South Texas Nuclear Project:
Nuclear power plants are cleaner for the environment than plants fueled by coal or natural gas because they don’t produce emissions.    More: 75%   / Less: 25%
More nuclear energy could lock in stable prices and affordable prices for AE customers- especially for lower income customers.    More: 75%   / Less: 25%
The US needs to become more energy independent and not rely on energy from politically unstable parts of the world.   More: 85%   / Less: 15%

None of these answers actually show Austin’s support for nuclear power, only that positive messaging makes them more likely to support it, which is exactly what the people paying for the poll wanted.

Major problem 3:
The poll glosses over major opposition to the plant due to water usage.  Furthermore, no other negative messages are presented to those being polled, meaning they are given a one-sided description of nuclear power.

For example, support evaporates (no pun intended) for STP expansion or Austin buying power from nuclear expansion at the slightest mention of the water cost.

Would you favor or oppose the building of these new units if the daily operation of these new units increased the amount of water that the STNP draws from the Colorado River?Strongly favor:  9.8%  / Somewhat favor: 19.9%  / Somewhat oppose:  26.1%  / Strongly oppose:       26.2%  / Don’t Know: 18.1%

Total Favor: 30%  / Total Oppose: 52%
Total Oppose /Don’t Know:  70%

When faced with the facts on the cost overruns, the dangers of radioactive waste, the performance and safety record at STP and nuclear power nationwide, allegations of fraud when dealing with CPS and San Antonio, you will see drastically different results.

This does not even begin to discuss issues like whether Austin needs more baseload power (we don’t— we need more peak power, which can more reliably and cheaply be provided by efficiency, renewables, and natural gas peakers)

Bottom line:  STP expansion and further power purchase agreements with STP are, in a word, radioactive.  Support is soft, at best, and based on easily debunked and misleading claims. Smart elected officials will stay away from this issue and reaffirm the City Council’s previous decisions to not buy into the nuke.

Too see a breakdown of both polls’ questions and answers, click here.

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UPDATE AND EDITOR’S NOTE: We received a comment on this post that we found to be helpful and removed a section our commenter, Bliz, found to be a “Karl Rove-ish” attack.   The lessons we learn are the following: YES, we read your comments.  And give them the attention they deserve.  Second, when we make a mistake we try to fess up to it.  Mea culpa, as it was I who wrote the majority of this, not Carol.  And third, while we generally don’t like to flush things down the old memory hole, there are times when it is worthwhile to delete something.  This is one of those times. But we confess that we are deleting in and not trying to cover up for the fact that it never happened.  So thanks, and good night and have a pleasant tomorrow. ~~Andy Wilson, TexasVox editor.

According to the Associated Press, the U.S. Environmental Protection Agency has asked a Washington court to allow it to issue greenhouse gas permits in Texas, even though the state has asked the judges to stop the federal move.

The EPA filed its motion on Thursday in the U.S. Court of Appeals in Washington. The motion came after the court asked the agency to wait until Friday before implementing its plan to directly issue the permits in Texas, the nation’s leader in greenhouse gas emissions and industrial pollution.

In its court plea, Texas accused the EPA of overstepping its authority, but the EPA argues that Texas has left it no choice. Texas is the only state that has refused to comply with the EPA’s new greenhouse gas rules that went into effect on Jan. 2.

The controversy over Barnett Shale natural gas drilling or “fracking” that has overcome Fort Worth and Tarrant County since 2002 has, in recent months, drawn public attention nationally – first to the money to be made by mineral rights owners, then to the inconveniences of drilling for those who live around it, and, more recently, to a heightened concern about the potential environmental and health impacts of this concentrated activity in a densely populated urban area.

Less attention has been paid to another hard fact of Barnett Shale drilling: Not a single well goes into production without a network of pipelines to take the gas to market.

There are about 2,700 wells in Tarrant County alone and 15,000 in the 23-county Barnett Shale formation, according to the latest Railroad Commission data. With 241 companies active in the field, drilling won’t stop any time soon.

So now it’s time — past time, really — for elected officials and state and local agencies to focus more attention on the proliferation of pipelines and whether they are being done right.

A study of that issue resulted in a report, “The State of Natural Gas Pipelines in Fort Worth”  that was done for the Fort Worth League of Neighborhoods.  Researchers studied gas pipelines in the region over a year-long period and put forth 26 recommendations for federal, state and local lawmakers and regulators, the pipeline industry and the citizens of Fort Worth.

The report’s recommendations highlight the need to bring local residents into the pipeline-planning process early on, giving them more information about what makes for a safe pipeline and more ability to make an informed decision about whether they can live with what’s being proposed for their neighborhood.

Texas has thousands of miles of pipelines for gathering, transmitting and distributing oil and natural gas. Pipeline failures are few and far between. It’s just that any such failure can be catastrophic. 

If you live in an area where natural gas fracking is or could potentially occur, you might want to take a look at this report, “The State of Natural Gas Pipelines in Fort Worth”.