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Posts Tagged ‘public citizen texas’

Yesterday, Texans from across the state made their voices heard in the Texas state house by calling their state senators and asking them to stand up to  industry’s power play to pollute at will. 

On Tuesday night, Rep. Dennis Bonnen (HB 25, Angleton), offered an amendment on SB 875 that would provide industry an affirmative defense against civil suits. This amendment would severely restrict Texans’ ability to protect their property by giving industry immunity from nuisance and trespass action on nearly every type of regulated activity.  On Wednesday afternoon, after an hour-long debate, the House tried to remove the Bonnen amendment from SB 875. The vote was 82-63 to take it off the bill, but the motion failed because, according to the House rules, an amendment on 3rd reading, requires a 2/3rd majority for passage.  So the bill passed on 3rd reading with the Bonnen amendment on it and headed back to the Senate.

Last night, due not by any small amount to all of you who called in expressing your concern about this bill, the Senate refused to concur on the bill, sending it to conference committee.  The senate members of the conference committee (conferees) are:

  • Senator Troy Fraser – Chair, R-Horseshoe Bay – 512-463-0124 
  • Senator Robert Duncan – R-Lubbock – 512-463-0128
  • Senator Kirk Watson – D-Austin – 512-463-0114
  • Senator Mike Jackson – R-La Porte – 512-463-0111
  • Senator Craig Estes – R-Wichita Falls – 512-463-0130 

Later today we expect the House to announce their conferees and we will update this blog with that information.

UPDATE

The house appointed their conferees.  They are:

  • Rep. Kelly Hancock – Chair, R-North Richland Hills – 512-463-0599
  • Rep. Dennis Bonnen – R-Angleton – 512-463-0564
  • Rep. Warren Chisum – R-Pampa – 512-463-0736
  • Rep Craig Eiland – D-Galveston – 512-463-0502
  • Rep Wayne Smith – R-Baytown – 512-463-0733

This all sounds familiar to those who have followed the TCEQ Sunset legislation and industry’s attempt to weaken the public’s ability to contest a permit.    The original bill (SB 875) only limited local governments’ right to bring nuisance or trespass lawsuits for greenhouse gases that negatively impacted their communities, but that was significantly expanded with Bonnen’s amendment, that upon review was so broad that it took away people’s right to protect their property from pollution beyond greenhouse gases.  The Senate conferees have said they are committed to taking the Bonnen amendment off, however this is still a bad bill.   

How can you help? Call your representative and senator’s Capitol office today. Here’s what you need to say:

Vote no on SB 875 as it comes back from the Conference Committee.  Texans believe in private property rights–and they will rightly object to laws passed to restrict these rights and the rights of our local governments to protect our interests.

If you’re not sure who represents you, you can find out here.

Thank you again for your efforts to keep this bad bill from becoming law. 

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Could your trip down to the neighborhood meat market, or your favorite burger joint be contributing to the demise of the Amazon rainforest?  Cattle ranching in Brazil is the leading cause of deforestation in the Amazon. This is old news though.  Cattle ranching has been the leading cause of deforestation in the Amazon rainforest since the 70s.  The cattle industry in Brazil is responsible for 80% of the deforestation of the Brazilian Amazon region to be exact.  This means that the ever growing cattle sector in Brazil is also a huge contributor to the greenhouse effect.  According to Greenpeace, statistics show that 2.5 acres of the rainforest is destroyed every 18 seconds.  To compound the situation, the number of cattle in Brazil has nearly doubled since 1990.  Back in the 90s, Brazil only produced enough beef to feed its own population.  Today, the cattle production industry, located in the heart of the Amazon on a territory known as Mato Grosso, has increased by at least 50 billion.  Here in Mato Grosso, pasturelands have been cleared for cattle grazing the size of Portugal!

Pie chart of deforestation in the Amazon

Recently, Brazil has also just earned itself the title of largest beef exporter in the world, exporting everywhere from Hong Kong, the European Union, and even to the United States (primarily fast food restaurants).  According to the Center for International Forestry Research, ‘between 1990 and 2001 the percentage of Europe’s processed meat imports that came from Brazil rose from 40-75 percent’ and by 2003 for the first time ever, ‘the growth in Brazilian cattle production—80% of which was in the Amazon—was largely export driven.’

The United States has recently been in dispute with Brazil over the cotton production industry, and (thank heavens!) placed a ban on the import of Brazilian beef…but hold on folks:  that ban is set to expire at the end of this year.  Another important note to consider: this ban on Brazilian beef imports is not a complete ban, in fact, many restaurants and other fine dining businesses in the US continue to partake in the destruction of the Amazon.  The ban only pertains to grocery stores, and is currently in debate as to whether or not it will be lifted.  The ban depends upon the dispute over cotton production industry between the two countries.  The ban was originally instated in the US due to the high levels of foot and mouth disease prominent in Brazilian beef. (more…)

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Today, the Senate Natural Resources Committee passed out a state energy policy bill that no longer calls for the closure of the state’s worst air polluting power plants

According to committee chair Troy Fraser (R-Horseshoe Bay), Senate Bill 15 would create a 12-member Texas Energy Policy Council to advise legislators on “strategic, market-based” energy and environmental choices over the next 20 years.  We all know how well favoring market-based energy has worked since deregulation here in Texas.

The committee substitute for the original bill that was filed clearly favors coal-fired electric plants even though Fraser sold the committee on the idea that it was not intended to give a competitive advantage for one type of generation over another.

The bill, also directs the Texas Railroad Commission, to conduct a study projecting reserves and future prices of coal and natural gas.

The bill, as filed, directed the Public Utility Commission to identify the heaviest air polluting power plants and recommend closure of at least 4,000 megawatts worth of electric generating capacity.  The bill, as substituted and passed out of the committee, removes that language and instead would only require identification of the 10 percent of electric generating capacity that would be “most impacted by compliance with environmental regulation” and “barriers to retirement” of those plants.

The new energy policy council created by the bill would consist of officials from the Texas House and Texas Senate, the Public Utility Commission, Texas Railroad Commission, Texas Commission on Environmental Quality, General Land Office, Electric Reliability Council of Texas, State Energy Conservation Office and academia.

So chalk up another win for fossil fuels, at least so far this session.

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Earthshare - HEB campaign 2011Thanks to all who donated to EarthShare of Texas through H.E.B.’s charitable giving campaign.  Every dollar of this  money will be distributed to all the environmental and conservation non-profit organizations that participate in EarthShare so they can continue the good work that they do.

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Americans tend to think of climate change as a ‘down the road’ future phenomenon. But the fact of the matter is that although the world isn’t coming to an end tomorrow, we are being impacted by climate change, and much more than we may think.  We may feel like we don’t know anyone dealing with the repercussions of climate change, but the effects are closer than we think. In fact, think of that cattle ranch down the road, it’s probably dealing with the effects of climate change, like drought, and extreme heat waves, and most of us don’t even know it.

Climate change can affect livestock, especially here in Texas, aka the cattle country.  This occurs principally through variations in appetite, and distribution in energy between maintenance and growth.  The potential for disease incidence becomes increased as well. Does this become worth the cost for those who raise cattle? Speaking from personal experience, I can tell you that it is not.

Cattle during a roundup session

My family has owned a working cattle ranch for as long as I can remember.  The cattle were left to openly graze through the pastures and wander about the ranch, to the fishing pond and beyond.  I can remember countless times driving in only to be stopped by a cow standing blatantly in the middle of the road munching on some mesquite.  A few months ago, the decision was made to slowly get rid of the cattle on the ranch.  Why you ask? For one, the expense it costs to maintain such a production is becoming more than the profit.  The cattle are eating everything in sight, not allowing the wild game to acquire enough to eat to reach their full mass potential.  This essentially decreases the amount of hunting leases the ranch receives, since the game isn’t at its full potential, size wise.  As long as the cows continue to eat, they’ll also continue to erode everything in sight, especially since they’ve been grazing for so long out in the pastures.  And specifically speaking of extreme heat waves, I can remember a few times in my lifetime when we’ve had cows die right in the pastures as a result of the brutal Texas heat.  That seems to be a pretty clear indicator of the serious catastrophic risks that the effects of warming have on the hard-working cattle ranchers. (more…)

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The emblem of the American Recovery and Reinve...

The American Recovery and Reinvestment Act of 2009 (ARRA), or "the stimulus" provided funds for a broad range of priorities, but did Texas spend the money wisely?

Public Citizen has been a member of a coalition that has attempted to bring more sunshine, more transparency, and more good government to the implementation on the American Recovery and Reinvestment Act, otherwise known as “The Stimulus.” Two years since its passage much of the funding appropriated has been spent, but there is still more to do. Our groups yesterday released a report “It Ain’t Over Till It’s Over: The Texas Legislature and the American Reinvestment and Recovery Act” which can be found at http://www.txstimulus.com.

It is worth noting that the txstimulus.com website was originally used by a select committee in the Texas Legislature charged with keeping an eye on how Texas spent ARRA funds.  Bee Moorhead in an interview with the Texas Tribune explained what happened to the website and all of that information the committee had been collecting:

During his days as select committee chairman, (Jim) Dunnam (chair of the select committee) set up a website — txstimulus.com — to provide documents and information on stimulus spending, culled from the committee’s hearings and correspondence with the Texas congressional delegation. In March, the domain, which was registered in Dunnam’s name, lapsed, taking all the information it contained therein.

Enter Bee Moorhead, executive director of Texas Impact, a statewide interfaith organization, and the new owner of txstimulus.com. “Legislative committees can use the internet really effectively, and there are great examples of committees doing that this year,” said Moorhead, citing efforts of the Senate Business and Commerce Committee, “but those websites contain government information, and they can’t just be handled like some individual’s blog.”

The coalition also released a set of recommendations to help Texas improve its transparency. #4 is my personal favorite and one of my pet issues, but all are important. These recommendations are explored more in depth in the press release accompanying this post, which is available in full after the jump.

1. Draw down the unemployment dollars.

2. Keep a legislative eye on the game till it’s over.

3. Move the low-income weatherization program from TDHCA to SECO.

4. Modernize Texas’ Freedom of Information Act.

5. Make the Texas Fusion Center’s budget transparent.

6. Require more project-specific information on TxDOT projects.

7. Be ready for more funding.

8. Target ARRA energy efficiency dollars to areas of greatest need.

9. Build on ARRA health infrastructure investment.

10. Protect the integrity of all state government-related websites.

Included in our report are in-depth analysis of spending on transportation, weatherization, energy efficiency, health care, and others. I highly recommend you read this important piece of research, or at least bookmark it for future reference.  Please to enjoy.

(more…)

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Major US news agencies reporting a hydrogen explosion at Fukushima Dai-ichi No. 2 may have breached the containment vessel. Tepco, the Japanese company that owns this plant has evacuated operators from the area.  There are reports of elevated radiation levels in the area near the plant.
This plant just had its license extended in February.  South Texas Plant (STP) is in the process of extending its license for its 22 year old units 1 and 2.
Check national news sources for breaking news.

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Robert Singleton, an anti-nuclear activist and writer, is calling for a moratorium on new nuclear reactors, license extensions.  Robert  is a member of Solar Si Nuclear No in Austin, Texas.  Click here to read Robert’s blog.

As of today, several countries have announced intentions to review their nuclear power policies as a result of the unfolding drama in Japan.

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Investors dumped Japanese shares Monday, sending the Nikkei down 6.2% amid concerns about a nuclear emergency in the country following Friday’s devastating earthquake and tsunami, with stocks of exporters and plant operators hardest hit.

Analysts say stocks were being largely driven by the quake-related news flow; while news of the devastating tsunami effects in northeastern Japan waned.  Fears spread amid the scramble to contain meltdowns at Tokyo Electric Power’s (Tepco) troubled Fukushima Daiichi nuclear plant as investor attention remained riveted on the No. 1 and No. 3 reactors at the facility, which were damaged by the effects of the quake and tsunami. Selling accelerated in the afternoon following a new explosion at the No. 3 reactor, similar to the one that hit the No. 1 reactor on Saturday.

Tepco’s shares went largely untraded, closing down 24 percent. Goldman Sachs also lowered its rating on the stock to Neutral from Buy and cut its target price 13 percent.

Between Tepco and Tohoku Electric Power, some 15 nuclear power units are in questionable status.

Hitachi and Toshiba, which make nuclear power technology, both sank 16 percent.

Why is the economic news of these Japanese companies of interest to Texas?

Nuclear Innovation North America LLC (NINA), the nuclear development company jointly owned by NRG Energy, Inc. and Toshiba Corporation, are the major financial partners in the two new nuclear units at the South Texas Project (STP).  Last year they announced they had reached an agreement with Tokyo Electric Power Company (Tepco), that owns the Fukushima Daiichi, to also partner in the STP expansion.

NINA was also counting on the Japanese government to provide loan guarantees to the project.  So, of the major financial investments in this Texas nuclear expansion, three are Japanese.  One can easily predict that both the Japanese government and Japan’s nuclear industry’s economic future are going to be tied up for the foreseeable future.  Given this, it would be mind-boggling if the U.S. Department of Energy approved a loan guarantee for STP’s expansion.

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The word “meltdown” goes to the heart of the big nuclear question – is nuclear power safe?  Richard Black,  Environment correspondent with the BBC News tries to answer this question and address questions about what is happening at the Fukushima Daiichi plant.   Click here to read the BBC article.

One issue he does bring up is that Fukushima Daiichi is bound to raise some very big questions, inside and outside Japan including here in Texas.

Last year Nuclear Innovation North America LLC (NINA), the nuclear development company jointly owned by NRG Energy, Inc. (NYSE:NRG) and Toshiba Corporation, announced they had reached an agreement with Tokyo Electric Power Company (Tepco), that owns the Fukushima Daiichi, to partner in the two new nuclear units at the South Texas Project (STP).

Tepco has been implicated in a series of cover-ups down the years.

  • In 2002, the chairman and four other executives resigned, suspected of having falsified safety records at Tepco power stations.
  • Further examples of falsification were identified in 2006 and 2007.

As Austin Energy and CPS consider the Power Purchase Agreements NRG is peddling they should look very hard at what is happening in Japan and at TEPCO’s ability to remain a financial partner in STP.

In a Wall Street Journal article by Rebecca Smith (click here to read the entire article), she writes that the unfolding crisis at the Fukushima Daiichi nuclear power plant casts doubt on the fundamental premise that has undergirded the global nuclear industry for five decades: that engineers can build enough redundancy into plant safety systems to overcome dangers.

Peter Bradford, a member of the Nuclear Regulatory Commission at the time of the Three Mile Island accident in Pennsylvania in 1979 (who has spoken to local leaders in Central Texas about numerous issues that should preclude them from becoming partners in or signing power purchase agreements with NRG in the STP expansion), said that the accident exposes shortcomings in risk analysis as well as in engineering.

“The redundancy, such as it was, obviously was inadequate to the event that actually happened,” he said. He said the problem is that certain risks always are discounted in the licensing process as “so highly unlikely that you don’t have to plan for them.”

He said that may be the case in Japan, with an earthquake that apparently exceeded the level that the plant was designed to withstand, possibly compounded by other unexpected technical problems or by the tsunami. It’s not yet known if operator error may have played a role, as it did three decades ago at Three Mile Island.

“The really important question,” Mr. Bradford said, “is to ask how different licensing bodies decide what risks have to be guarded against and see if that analysis was adequate.”

Even Texas Congressman Joe Barton, who is chair emeritus of the House Committee on Energy and Commerce and a strong proponent of the push for nuclear expansion in the U.S. is now saying:

. . . that nuclear plants are designed with earthquakes in mind. “They’re supposed to be double and triple redundant…. If I’ve been to one briefing, I’ve been to a dozen, given by the industry, where they talk about all the safety features and the built-in redundancy features that protect the reactors in the event of an accident, a natural disaster, even a terrorist attack.”

Mr. Barton added that he’s “very puzzled that, even as big as this earthquake was, the plant didn’t meet those standards. That’s something that even proponents of nuclear power want to get to the bottom of…. I believe very strongly in the future of nuclear power, but those who support it have to insist that the safety redundancy features perform.”

To date, the major stumbling block to the US rushing headlong into a “nuclear renaissance”  has been the huge financial cost and risks involved in building new nuclear plants in down economy.  It is tragic and unfortunate that it is taking the failure of these Japanese plants in the wake of what surely is one of the worst disasters in Japanese history to cause the US to look more closely at their rush to increase our country’s nuclear portfolio.

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The Federal Energy Regulatory Commission (FERC) wants to know the reasons for the Texas power generation outages and for the interruptions in natural gas delivery to New Mexico.

As Texas officials began looking into the causes of the Texas electricity blackouts, New Mexico was holding its own hearings.  The ripple effect felt by down pipeline states when Texas’ electric grid and natural gas supplies went awry during an abnormally cold winter storm in February of this has prompted the federal agency to examine how to ensure that a new fleet of natural gas plants around the country can get plenty of fuel.

This has major implications for a state that has been expanding natural gas drilling operations exponentially over the past several years, many think to the detriment of the environment and the health of those who live around those operation.  Just ask the folks in the Barnett Shale region of North Texas.  Some of them might even be able to light their water taps on fire for you.

If you want to learn more about the concerns of citizens living in natural gas drillling areas check out “Gasland,” the Academy Award nominated documentary film by Josh Fox, that examines whether hydraulic fracturing of shale formations threatens water supplies and poses other environmental hazards.  Click here to read our earlier blog about the movie.

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According to an update from the Nuclear Information and Resource Service (NIRS) an explosion has occurred at Fukushima Daiichi Unit 1.

[youtube=http://www.youtube.com/watch?v=jMEV-_X5b_8]

Video of the aftermath of the explosion shows that the containment building
has been destroyed.

[youtube=http://www.youtube.com/watch?v=ELR3hdlce2g]

The NIRS update goes on to explain, in a General Electric Mark I reactor, the containment building is fairly weak and is considered the secondary containment. The primary containment is a steel liner that surrounds the reactor core. So far, video and photos have not been clear enough for us to determine whether this steel liner is intact.

Radiation levels at the site are reported to be 1,015 micro/Sieverts per hour. This is roughly equivalent to 100 millirems/hour. The allowable annual dose for members of the public from nuclear facilities in the U.S. is 100 millirems/year. The allowable annual dose for nuclear workers is 5,000 millirems/year. The average annual background dose from all radiation sources in the U.S. is about 360 millirems/year.

The explosion in Unit 1 was almost surely a hydrogen explosion. Pressure has been building up in the containment since offsite power was lost to the reactor because of the earthquake/tsunami. The GE Mark I reactor design is called a “pressure suppression” design. Rather than be built to withstand large pressure increases, General Electric sought with this design to attempt to reduce such increases in an accident scenario. The design has been criticized by independent nuclear experts and even Nuclear Regulatory Commission staff for many years (see: http://www.nirs.org/factsheets/bwrfact.htm).  In this case, the design clearly did not work. 24 U.S. reactors use the GE Mark I design.

The evacuation zone around the site has been expanded to 20 kilometers (about 12 miles). Another reactor at Fukushima Daiichi, Unit 2, is reported to be without cooling capability at this time. Three reactors at the nearby Fukushima Daini site are reported to be without cooling capability. These are GE Mark II designs, which are considered a mild improvement over the Mark I design. Both sites are on the Pacific Ocean, about six miles apart.

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The Atomic Safety and Licensing Board (ASLB) will hear oral argument relating to the Victoria County Station Early Site Permit (ESP) proceeding on March 16-17 in Victoria, Texas.

The ASLB is the independent body within the NRC that presides over hearings where the public can challenge proposed licensing and enforcement actions.

Oral arguments will begin at 9 a.m. CDT on Wednesday, March 16, in the Theatre Victoria at the Leo J. Welder Center for the Performing Arts, 214 N. Main St. in Victoria. The session will continue at 9 a.m. CDT on March 17. The session is open for public observation, but participation will be limited to authorized representatives of the groups taking part in the proceeding (Texans for a Sound Energy Policy [TSEP], the applicant – Exelon Nuclear Texas Holdings – and NRC staff involved in the proceeding).

Early arrival is suggested to allow for security screening for all members of the public interested in attending. NRC policy prohibits signs, banners, posters or displays in the hearing room.

Exelon submitted an ESP application March 25, 2010, seeking approval of the Victoria County Station site, which is approximately 13 miles south of Victoria. The ASLB is considering whether to grant TSEP intervenor status. The group has submitted several objections, or contentions, challenging Exelon’s application. The ASLB will hear oral argument on whether TSEP’s contentions meet the NRC’s requirements to be admitted for hearing under the NRC’s jurisdiction.

Documents related to the Victoria County Station ESP application are available on the NRC Web site at: http://www.nrc.gov/reactors/new-reactors/esp/victoria.html .

Documents pertaining to the ASLB proceeding are available in the agency’s electronic hearing docket at: http://ehd1.nrc.gov/EHD .

More information about the ASLB can be found at: http://www.nrc.gov/about-nrc/organization/aslbpfuncdesc.html.

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Submit a commentRepower America, wants to share an important piece of news with you.

The U.S. Environmental Protection Agency (EPA) is planning to limit global warming pollution from big fossil fuel industries like power plants and petroleum refineries. These industries alone account for about 40% of the global warming pollution in the U.S. — making them the two largest sources of emissions.

Here’s where you come in. The EPA is charged with developing rules called New Source Performance Standards (NSPS) that will protect public health, reduce the pollution that causes climate change, and send a signal to polluters that they need to invest in clean energy technologies.

It’s crucial that the EPA sticks to its schedule and develops strong rules. Between now and March 18, the EPA is accepting comments on their plans. They will definitely be receiving comments from the coal, gas and oil industries. Make sure they hear from you, too.

These rules are common sense. The EPA was created to understand our impact on our environment and protect the health of our people. An overwhelming majority of scientists are united in their understanding of the effects of global warming pollution and the EPA is charged with developing rules based on that science. Yet strong special interest groups are working to derail that process.

The EPA needs to hear that you support their efforts to limit global warming pollution from these industries. That’s why you need to encourage the EPA to issue strong New Source Performance Standards without delay.

The science is clear: Climate change is happening. Unfortunately, big polluters will make big profits if they mislead the American public about that fact. RePower America needs you to counteract and counterbalance their money and their voice by sending a comment to the EPA today.

Fill out the form by clicking here, and RePower America will deliver your comment to the EPA before the March 18 deadline:

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After residents report green and yellow-colored well water near an oilfield company’s operation in the spring of 2009, the U.S. Environmental Protection Agency (EPA) investigated and formally designated an area in Midland as a national Superfund site when the presence of the highly toxic solvent hexavalent chromium was found in groundwater supplies.  The Superfund list is made up of sites so contaminated that they require long-term, complex and expensive cleanups.

These reports from residents led to testing that found that 46 of the more than 230 wells in the area had levels of the toxin in them that were above safety limits. Filtration systems have been provided to the owners of the contaminated wells.

Breathing airborne hexavalent chromium may cause lung cancer, can irritate or damage the nose, throat and lungs, and can also damage eyes or skin. Exposure to hexavalent chromium in drinking water can lead to an increased risk of stomach tumors.

While Texas has been at war with the EPA over the last couple of years, cleaning up sites that pose such a major threat to public health is one of the most vital aspects of the agency’s mission, and I for one, would not like to see the agency hobbled so that they can no longer protect communities from dangers posed by chemical contamination.

The Texas Commission on Environmental Quality first confirmed hexavalent chromium at more than 50 times the acceptable federal levels in early April 2009 in a well near West County Road 112.

Since then, 234 water wells have been tested by the TCEQ; chromium was found at above safe levels in 34 of them. The plume extends 1.25 miles from the center of the site and it covers about 260 acres, according to the EPA.

UPDATE:

Using the EPA document's description, this is about where the superfund site is centered

According to an EPA document, the Site consists of a contaminated ground water plume originating from an unidentified source. The contaminant plume is located along County Road 1290, between Interstate 20 to the south, and Interstate Business 20 to the north. The Trinity and Ogallala aquifer is the only ground water source for drinking water in the site area. The water table has been reported at depths as shallow as 30 feet below the ground surface and the base of the aquifer is approximately 95 – 105 feet below ground surface. The Triassic red beds form the base of the aquifer. Ground water flow in the aquifer is expected to be generally to the south-southeast.

As part of the National Priorities List, the EPA will take the lead at the site and federal funds will be available for identifying the source of contamination and providing a method of cleanup.

Until a source of contamination is identified, EPA officials said in a release sent out Tuesday that the plume of contamination will continue to grow and affect additional water wells.

City of Midland officials have said, at this time, the city is unable to provide water to residents in that area. A group is working to put together a water district that would serve county residents, including those in the contaminated area, but a source of water has yet to be identified.

If a water source were available, EPA staff have said they could consider funding pipelines as part of the remediation process.

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