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Posts Tagged ‘Texas’

Tar Sands Flowing Through Texas

Posted in Global Warming, pipelines, Tarsands, tagged , , , , on January 17, 2014 |

The Keystone XL pipeline in Texas is slated to start up next week, pumping toxic tar sands to refineries along the Texas Gulf Coast, unless Texas Attorney General Greg Abbott steps up to protect our land and water.

Now is the time to email Texas Attorney General Abbott and ask him to use his broad powers to demand the federal government conduct safety inspections of the Keystone XL before it starts.

Junk pipe with signLast November Public Citizen came out with a report detailing hundreds of anomalies at over 125 sites where pipeline was dug up along the route in Texas. CBS News reported on Public Citizen’s report and on warning letters (click here and here to see two from last September) issued by PHMSA, the federal agency that oversees pipelines, to get TransCanada to fix their faulty pipes.

We already know the dangers that communities face from toxic tar sands, whether it’s the land owners whose property is at risk from a spill or the fence line communities that live adjacent to the referies and have to breathe the toxic emissions .

Director of Public Citizen Texas Tom “Smitty” Smith says, “Attorney General Abbott claims to believe in private property rights. If he really does, he should take action now to protect landowners in East Texas from tar sands contamination.”

Click here now to help pressure Attorney General Abbott to protect Texas landowners and water supplies before it is too late.

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Coal and China – a hazy future

Posted in Air Quality, Coal, Gulf Coast Coal Export Terminals, tagged , , , , , on January 16, 2014 |

NBC news reports a spike in air pollution readings over 20 times the recommended exposure levels suggested by the World Health Organization (WHO) in Beijing on Thursday, cloaking China’s capitol in a thick, gray haze .  Click here to read the NBC story.

The resultant air warning was just the first of 2014. In January 2013, China suffered through a week of sustained poor air quality that finally forced China’s ruling Communist Party to acknowledge and address serious environmental issues, including the country’s extensive use of coal-fired power plants..

As the United States reduces its use of coal to power electric plants, the coal industry has been looking to increase exports to countries like China and India.  However the environmental and health impacts as well as the economic realities of propping up this industry paint a bleak future for this centuries old fuel source.

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How Passage of TPP Could Bypass Fracking Bans in the U.S.

Posted in Air Quality, Fracking, tagged , , on January 15, 2014 |

The following is re-posted from EcoWatch.

On Jan. 9, Senate Finance Committee Chairman Max Baucus (D-MT) and Rep. Camp (R-MI) introduced the Bipartisan Congressional Trade Priorities Act of 2014, otherwise known as “fast track,” which could facilitate passage of deeply flawed trade agreements including the Trans-Pacific Partnership (TPP) trade pact with limited public and Congressional input. If fast-track legislation is approved by Congress, President Obama would be able to sign the TPP and then send it to Congress for a straight up-or-down vote—with no room for amendments and limited floor debate.

Watch this video by the Delaware Riverkeeper Network showing how the TPP could threaten environmental protections and public health. This video examines the potential impacts of the TPP if approved by Congress.

Visit EcoWatch’s FRACKING pages for more related news on this topic.

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West Virginia Chemical Spill Rekindles Concern Over Lax Chemical Regulations

Posted in Coal, Energy, Health, Toxics, tagged , , , , , on January 15, 2014 |

The chemical spill into West Virginia’s Elk River, which left more than 300,000 people without water for over five days (many are still without water), comes in a state with a long history of lax regulatory standards over the coal and chemical industries that form a major part of its economy. The chemical spill is yet another example of how lax regulations are setting the stage for disasters, and the concerns are being felt all the way in Texas.

Photo Credit: www.flickr.com/photos/iwasaround

The chemical at the center of this disaster is 4-methylcyclohexane methanol, also known as MCHM, and it is used to wash coal. About 7,500 gallons of the chemical leaked from a storage tank, owned by Freedom Industries, and into the Elk River. The leak happened about one mile upstream from the West Virginia American water plant, which supplies drinking water to the local population. State officials are urging citizens to use bottled water for drinking, washing and cooking. Authorities say that at least ten people have been admitted into three hospitals, and 169 patients have been released from emergency rooms. Although MCHM is considered toxic, it is not lethal to humans. The effects on humans range from skin irritation, nausea, vomiting or wheezing.

West Virginia Governor Earl Ray Tomblin declared a state of emergency for nine counties, including the state capital of Charleston. President Obama also issued an emergency declaration. West Virginia has received water from the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS) for its residents. It may be days before the water is safe enough for anything other than flushing a toilet or firefighting. Authorities are waiting until the chemical level meets 1 part per million, set by the federal Center for Disease Control and Prevention, before they lift the ban.

The coal and chemical industries, which make up a large part of West Virginia’s economy, exercise great political influence in the state. They have long railed against federal safety, health and environmental standards. The West Virginia chemical spill is yet another example of what can go wrong when you have an inept polity that is influenced by big business. Texas also suffers from a similar affliction as West Virginia, except in addition to coal, we also have the petroleum and chemical industries.

Texas has had its fair share of industry related disasters. An explosion last April at the West Fertilizer Co. in West, Texas killed 15 people. In 2005, an explosion at the BP refinery in Texas City killed 15 workers and left 170 others injured.

With the West Virginia chemical spill making national headlines, let us remember that this kind of disaster is preventable. What we need is stronger safety standards and improved enforcement to make for a safer environment.

Sign our petition asking EPA to improve chemical safety and protect our communities.

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Proposed carbon pollution standards for new power plants and now is your chance to comment on them.

Posted in Air Quality, Climate Change, Coal, Global Warming, tagged , , , on January 8, 2014 |

As promised, the Environmental Protection Agency (EPA) has published its proposed standards to limit toxic carbon pollution from new power plants in the Federal Register.  Today, January 8, 2013, starts the 60-day period for public comment period.  Click here to read the proposed standards.

Power plants are responsible for much of our country’s air pollution. In fact, coal- and gas-fired plants emit more than 2.3 billion metric tons of carbon emissions, approximately 40 percent of U.S. energy-related carbon pollution. These dangerous emissions make their way into our air, food, and bodies, threatening the health of our children and communities. As if that weren’t bad enough, carbon pollution is also the main contributor to climate disruption.

Strong carbon pollution protections, will help us clean up and modernize the way we power our country — a move that will make for healthier kids, families, and workers, while creating badly needed jobs, fighting climate disruption, and keeping America competitive in the global economy. Several states and foreign countries already have limits on carbon pollution from new power plants, including Oregon, Washington, California, Montana, Illinois, Maine, Australia, and the European Union. It’s time for the first-ever national standards for coal-fired plants to be set in place.

The proposed carbon pollution standards will be a powerful tool to keep our air clean, but they could be even better. Now it’s your turn to take action. The fossil fuel industry and its political allies are doing everything they can to block the EPA’s efforts, but you can push back and make your opinion count.

The official public comment period starts today and won’t last long. Make your voice heard by submitting a comment here to the EPA in support of strong standards for reducing dangerous carbon pollution. Your voice matters!

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Fines, Follow Fun Filled Freeze

Posted in Coal, Energy, Global Warming, Right to know, Utilities, tagged , , , , , on December 18, 2013 |

Remember sitting at home during February 2 of 2011 as the temperatures dropped and the power kept getting turned off. As millions of Texas sat in the cold and dark Luminant, Texas largest power generator, wasn’t able to get its power plants running along with other generators.

Luminant Energy Company, LLC’s, recently was fined $750,000 as part of a settlement agreement with the Public Utility Commission of Texas stemming from the alleged failure of several Luminant power generating units on February 2, 2011 (when record low temperatures caused a spike in power demand and rolling blackouts were implemented throughout the state).

That February other generation companies saw the cold front coming and got their plants up hot and running keeping this cold snap from being an even bigger disaster than it was.

In ERCOT the state’s power grid operator generation companies are under an obligation to run their power plants and a $750,000 fine in an almost $30 billion dollar market is not much of a fine at all.

Now things are looking dark, gloomy and a bit chilly for EFH Luminants parent company. In November 2013, Energy Future Holdings (EFH) made a decision not to file for bankruptcy saying they believe the company can reach a deal with creditors next spring to avoid a contentious court fight. But with a looming balloon debt payment of $3.8 billion next fall, and a subsidiary of EFH, things are stacking up against the beleaguered Dallas based company.

Electric Reliability Council of Texas (ERCOT) member and Sierra Club Conservation Director, Cyrus Reed weighed in on this development in a statement, saying, “Hopefully, this rather modest fine will send a message to Luminant and other coal and gas generators that when they are paid money by ERCOT to be available in times of emergency — such as the freeze of February 2011 — they must be available. This means utility companies like Luminant must properly maintain their generating units so that breakdowns and emergencies don’t take place when people need electricity the most, such as times of extreme temperatures.”

David Power, Deputy Director of the Texas office of Public Citizen and also an ERCOT member said, “As ERCOT and the PUC consider further changes to ancillary services and potentially to the wholesale energy market, they must make sure that those paid for performance can realistically perform, or face stiff penalties. Texas doesn’t need new, expensive power plants to meet our needs and power our economy, but we do need responsible utilities following the letter of the law and taking responsibility for its assets. What did perform well in both in February and August 2011 was demand response, a method of reducing electricity demand, by large and small industrial and commercial entities.  As Texas considers changes to our market we should prioritize resources like demand response that we can depend on.”

For it’s part, a representative of Luminant said in an email to FierceEnergy that “with this settlement, Luminant resolves all alleged violations of ERCOT protocols and PUC rules from the cold weather event in 2011.The agreement represents an amicable settlement of disputed issues in which Luminant admits no violations.”The email continues, “The severe unprecedented cold in February, 2011 was a trying yet learning experience for ERCOT, the PUC, state lawmakers, electric generators and transmission and distribution companies. Some 225 generation resources in ERCOT, more than 40 percent of the total generation, experienced a trip, failed start or derate. Since 2011, Luminant has joined other generators, electric transmission firms and state agencies to take measures to better prepare for future extreme weather.”

But trouble just seems to keep cropping up:

A prior and unrelated Department of Justice Clean Air Act complaint that was recently unsealed alleged that Luminant made major modifications to Units 1, 2, and 3 at their Martin Lake coal plant in 2005, 2006, 2007, 2008, and 2009 and continues to operate the plant without installing pollution controls for sulfur dioxide and nitrogen oxides. The complaint also alleges that Luminant has improperly withheld information from the government requested by EPA under Section 114(a) of the Clean Air Act.

According to the claims, Luminant made “major modifications” at its Big Brown and Martin Lake coal plants that increased sulfur dioxide and nitrogen oxide emissions without updating air pollution permits or installing pollution safeguards. The Clean Air Act requires plants to obtain permits and install modern pollution controls before making modifications that will increase emissions.

In regard to the DOJ lawsuit, Luminant made this statement via email to FierceEnergy: “There’s no change in our position.  We firmly believe that we have complied with all requirements of the Clean Air Act for the Big Brown and Martin Lake Power Plants and our other generation facilities and look forward to proving this in court.”

The company contends that the complaint has not been unsealed, but appears to be playing a game of semantics, saying, “The DOJ simply filed a version of its complaint with information that we agree can be public.”

This prime example of Texas business just leaves us out in the cold.

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Keystone XL Southern Segment Starts Up Despite Reports of Hundreds of Flaws

Posted in Global Warming, Tarsands, tagged , , , , , on December 10, 2013 |

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

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

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

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

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

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

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

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

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

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

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

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

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

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Another Proposed Coal Export Terminal in Texas Bites the Dust

Posted in Global Warming, Gulf Coast Coal Export Terminals, tagged , , , , , , on December 9, 2013 |

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Austin Energy Cutting Solar Credits

Posted in Austin Energy, Energy, Renewables, solar, tagged , , , , , , on December 6, 2013 |

Is Austin Energy joining the war on solar?

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

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

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

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

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

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

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

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

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

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

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

Send the Austin City Council an email right now.

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

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Sixth Annual Austin Community “Green” Holiday Party – Thursday, December 19th, 2013 6pm-10pm – Barr Mansion

Posted in Climate Change, tagged , , on December 2, 2013 |

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

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

“Celebrating the Bounty of Winter” Menu with music by Cienfuegos
Co-Hosted by:  Texas Green Network, Austin Eco Network, Public Citizen, Design Build Live, USGBC-Central Texas Chapter, Austin Zero Waste Alliance, Austin Clean Energy Incubator and CleanTX

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

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

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

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

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

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

We look forward to seeing you for another great evening of dancing, food, drink and socializing to kick off our 2014 efforts. (more…)

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Poor Construction on the Keystone XL Pipeline Increases the Risk of a Tar Sands Oil Spill – Ask Congress to take action

Posted in Global Warming, Tarsands, tagged , , , , , , on November 22, 2013 |

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

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

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

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

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

Say “no” to trusting TransCanada.

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

This pipeline is a disaster waiting to happen.

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

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

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

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Washington Post’s “Fact Checker” Takes on TransCanada Giving Them Three Pinocchios

Posted in Tarsands, tagged , , on November 20, 2013 |

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

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

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

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

From the Washington Post:

The Pinocchio Test

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

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

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

Three Pinocchios

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Letter Calling for Congressional Oversight Hearings on Keystone XL Pipeline

Posted in Energy, pipelines, Safety, Tarsands, tagged , , , , , , on November 19, 2013 |

Dear Senators and Representatives,

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

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

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

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

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Congress Should Investigate Construction Problems on Keystone XL Southern Segment

Posted in Energy, Safety, Tarsands, tagged , , , , , , on November 19, 2013 |

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

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

(more…)

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Atomic Safety and Licensing Board to Hold Hearing Jan. 6, 2014, in Houston on Proposed New STP Reactors

Posted in Nuclear, tagged , , , , on November 13, 2013 |

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

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

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

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

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

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

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

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

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

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

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

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

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