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Posts Tagged ‘Texas’

OMG! East Texas Judge rules foreign company can take Texans’ private property

Posted in Tarsands, tagged , , , , on August 23, 2012 |

Wednesday evening, Lamar County Court at Law Judge Bill Harris sent an email from his iPhone (complete with new internet slang – MSJ and NEMSJ) ruling in favor of the controversial Keystone XL pipeline, allowing them to act as common carrier and giving them the right to condemn land for use by a pipeline.

Dear Counsel,
My rulings as follows:
Transcanada’s MSJ is GRANTED (that’s internet slang for Motion for Summary Judgment)
Transcanada’s NEMSJ is GRANTED (I don’t know what NEMSJ is)
Crawford’s Plea to the Jurisdiction is DENIED

“The Texas Supreme Court has ruled that taking private property for the private use by a pipeline company requires proof that it will serve some common good – and that can’t be accomplished by merely filling out a form. We believe the judge made a number of mistakes and we will appeal. The supreme court has said that if there is any doubt that a pipeline is a common carrier, the judge has to rule against the pipeline company and he failed to do that,” said Wendi Hammond, the attorney for the landowner.

I guess what this particular judge is trying to tell us is what’s good for oil and gas is good for Texas – period.

“We may have lost this battle here in Paris, Texas, but we are far from done,” said Julia Trigg Crawford, landowner. “I will continue to proudly stand up for my own personal rights, the property rights of my family and those of other Texans fighting to protect their land. The Crawfords, and those who bravely stand with us, have plenty of courage to continue this fight, no matter what it takes.”

Read Julia’s impassioned statement below:

Anyone following this case knows my family and I were in it to win, so of course we are incredibly disappointed in today’s ruling….Disappointed that Judge Harris wholly dismissed our entire case with a 15 word ruling sent from his iPhone…  Disheartened that Texas landowners must still challenge oil corporations in court on what should be State-level permitting issues….and Disturbed that a foreign corporation like TransCanada is allowed to hide behind the skirt of the Texas Railroad Commission and its Common Carrier rubber stamp.

It is absolutely unbelievable to me eminent domain abuse continues in Texas given the revelations made during our court case.   With every turn we found black holes of responsibility, endless loops of (non)accountability, and the cart miles in front of the horse.  The Texas Railroad Commission says they have no power over eminent domain, yet turns a blind eye when pipelines under their jurisdiction state they indeed get the power from the Commission.  The Texas Supreme Court ruled in Denbury Green that “once a landowner challenges…., the burden falls upon the pipeline company to establish its common-carrier bona fides if it wishes to exercise the power of eminent domain”.  So we asked TransCanada to produce their tariff rate schedule, a requirement of all Common Carriers and therefore part of proving the right of eminent domain. TransCanada’s attorney refused to provide anything, responding in court that tariffs will be provided “about the time it gets ready to transport product on the line”.  That means they can’t even produce this proof they qualify as a Common Carrier until after the land is seized and the pipeline built.  Furthermore, the Writ of Possession was granted by the Court and served on us before the ruling was even made on whether TransCanada can legally take our land. There is no question the process is riddled with loopholes and flaws, and Big Oil certainly wants to keep it this way.

Somehow, someway, things must change.  If the courts will not address the problem, we will use our voices and votes to bring about change, and we will champion the cause with those who create the laws. Fortunately the dialogue in Austin has already begun, and we are deeply involved.  As our more enlightened State leaders address the issues with open minds, they admit there are still problems with the eminent domain process.  Thankfully they have begun the steps to shepherd change.

We may have lost this one battle here in Paris, Texas, but we are far from done.  I will continue to proudly stand up for my own personal rights, the property rights of my family, and those of other Texans fighting to protect their land. Winston Churchill once said “Success is not final, failure is not fatal: it is the courage to continue that counts”.  The Crawfords, and those who bravely stand with us, have plenty of courage to continue this fight, no matter what it takes.

Julia Trigg Crawford
Farm Manager, Red’Arc Farm
Direct, Texas

Tea Party leaders and environmentalists alike, but for different reasons, share the Crawfords’ disappointment with this ruling.

“Judge’s Harris disappointing decision today further highlights the vulnerable and precarious position that Texas landowners are in,” said Debra Medina, former Republican candidate for Governor. “These cases are often argued in county courts that are poorly equipped to assess such weighty legal questions.  These courts lack the resources to properly consider the complex and voluminous evidence assembled by multibillion dollar corporations.”

“These are pipelines carrying poisons, not for oil independence in our country, but for export, from a foreign land, through our pipelines, to a port that’s going to ship them to foreign lands. These aren’t common carriers for the common good of Texans — this is a pipeline designed to speed oil through Texas. There are no on or off ramps to this pipeline in Texas and as a result it should not have been permitted, implying they had the use of eminent domain to condemn Texans’ lands,” said Tom “Smitty” Smith of Public Citizen.

“The Texas Supreme Court was clear in the Denbury ruling that private companies have to prove their project qualifies as a true ‘public use’ before it can exercise eminent domain. We’re disappointed in the Judge’s decision, but we’re confident that the Crawford family farm will eventually prevail. This decision puts the onus on the Texas legislature to remedy the outrageous eminent domain abuse taking place in our state,” said Terri Hall, Director of Texans Uniting for Reform and Freedom. “The time for talk is over. Texans are losing their land because of poor oversight and the legislature’s refusal to address the heart of the problem. Texans aren’t going to accept the crumbs we’ve been handed, cloaked as eminent domain reform. It’s time to get serious before irreparable harm is needlessly inflicted upon Texans.”

Recently, the Texas House Land and Resource Management Committee met at the Capitol to hear invited testimony from Crawford and other interested parties regarding the dilemma of industries self-proclaiming they are common carriers with no review from any state agency as to whether a company is truly a common carrier or not. The House Energy Management Committee has also held hearing on pipeline safety issues.

Linda Curtis, director of Independent Texans, noted, “Ms. Crawford’s case is emblematic of the continuing struggle of Texas landowners being tread upon by a private company taking land for private use, and foreign profit.  TransCanada has yet to provide any evidence that they have the legal authority to seize property in Texas.”

“TransCanada used the Commission’s T-4 permit as an authorization to take Texans’ land for a private for-profit, foreign pipeline project.  There was no vetting or review by the Commission of a pipeline company’s self-designation as a common carrier and the commission says that it has no control over eminent domain.  The legislature needs to fix this mess and assure that landowners’ rights and the environment are protected,” said Chris Wynnyk Wilson of the Stop Tar Sands Oil Pipelines (STOP).

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TVA found liable for toxin ladened coal ash spill

Posted in Coal, tagged , , , on August 23, 2012 |

Finally a positive ruling for those adversely affected by coal power plants.  Today a federal judge ruled that the Tennessee Valley Authority is liable for a huge spill of toxin-laden sludge in 2008 in Tennessee when containment dike at TVA’s Kingston Fossil Plant burst. About 5 million cubic yards of ash spilled out of a storage pond, into a river and spoiled hundreds of acres in a riverside community 35 miles west of Knoxville.

U.S. District Court Judge Thomas Varlan found TVA was negligent in its conduct and will be liable for damages to be determined later. Ratepayers have had to pay for the spill in the form of higher power costs as the $1.2 billion cleanup of the spill, the Environmental Protection Agency described as one of the worst environmental disasters of its kind, continues.  After damages are awarded it is likely that TVA will pass those costs along to their customers.

And rest assured, the nearly $11 million TVA paid for outside legal help plus the work done by in-house lawyers, for which TVA is saying they can’t provide a total, will also be passed along to ratepayers.

Lesson learned here, if your energy generator messes up, you get to pay for it.

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Today Was A Bad Air Day for US

Posted in Air Quality, Coal, tagged , , , , , , , on August 21, 2012 |

Today, the US Appeals Court in Washington, DC struck down an important pollution rule that would have protected up to 240 million Americans who live downwind from power plants that dump life-threatening pollution into our air like dangerous smog and soot.

The divided ruling to block the Cross State Air Pollution Standard is a setback for EPA’s efforts to protect the public health by implementing clean air standards.

EPA should appeal this decision. The Clean Air Act clearly provides the EPA authority to address this dangerous pollution. A higher court would likely overturn this dangerous decision that puts lives at risk.

EPA estimates that the Cross State Air Pollution Standard would have saved thousands of lives, improved air quality for more than 75 percent of Americans in 2014 alone, and provided vital clean air protections for millions of Americans across the Eastern United States, including:

  • Preventing states from allowing dangerous pollutants which are linked to heart and respiratory illnesses, to enter downwind states.
  • Saving up to 34,000 lives each year
  • Preventing 15,000 heart attacks each year
  • Preventing 400,000 asthma attacks each year
  • Providing $120 billion to $280 billion in health benefits for the nation each year

“Pollution from power plants is killing Texans and our climate,” said Tom “Smitty” Smith, the director of the Texas office of Public Citizen.  “This decision doesn’t mean that we don’t need to reduce power plant pollution and take action promptly.  In the end, failure to act will mean higher medical costs and continued reliance on out of state coal.”

The Cross State Air Pollution Rule (CSAPR) was designed to address smog pollution.  The federal court sent the rule back to the agency for revision and in the interim, told the EPA to administer its existing Clean Air Interstate Rule.  Oddly enough, the 2005 Clean Air Interstate Rule was ruled unlawful in 2008 by the same court that just overturned the new rule.

“Today’s decision only delays for a year at most a new transport rule. Smart utilities will use the temporary delay to develop plans to transition to renewables,” Smith continued. “The days of dirty coal are numbered and today’s ruling does nothing to change that fact.”

More about the Cross State Air Pollution Standard

The Cross-State Air Pollution Standard reduces the sulfur dioxide and oxides of nitrogen pollution emitted from coal-fired power plants across 28 eastern states. That pollution drifts across the borders of those states, contributing to dangerous — and sometimes lethal — levels of particulate (soot) and smog pollution in downwind states.

EPA issued the standard under the “Good Neighbor” protections of the Clean Air Act, which ensure that the emissions from one state’s power plants do not cause harmful pollution levels in neighboring states. While no one is immune to these impacts, children and the elderly are especially vulnerable. The Cross-State Air Pollution Standard would have provided healthier air for 240 million Americans in downwind states.

Nine states (Connecticut, Delaware, Illinois, Massachusetts, Maryland, New York, North Carolina, Rhode Island, Vermont), five major cities (District of Columbia, Baltimore, Bridgeport, Chicago, New York and Philadelphia), the American Lung Association, the Clean Air Council, Environmental Defense Fund (EDF), NRDC, Sierra Club, and major power companies (Calpine, Exelon and Public Service Enterprise Group) have all intervened in support of these vital clean air protections.

The litigation was brought by power companies, including AEP, Southern, DTE, GenOn, and Luminant. The state of Texas, the National Mining Association and the International Brotherhood of Electrical Workers supported their effort in parallel cases.

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TransCanada – still a bully

Posted in Global Warming, Tarsands, tagged , , , on August 17, 2012 |

According to TransCanada, they started construction on the southern leg of their highly controvertial tar sands pipeline on August 9th, even as a trial questioning their right to use eminent domain to take a Texas farmer’s land was scheduled to be held the following day.

At this time, Judge Bill Harris has not issued his final ruling but he did announced first thing the morning of the trial that there would not be a ruling in his courtroom on the pipeline’s status as a common carrier.  He did however, issue a writ of possession to the multinational company giving TransCanada legal possession of the Crawford family’s land and the right to begin trenching on that land at any point.  This emboldened TransCanada to issue a statement that was read on the Canadian National Broadcasting Network on Monday claiming that, “..On the issue of the common carrier status the ruling by Judge Harris reaffirms that TransCanada is a common carrier.” 

Seriously, no one has “verified” that they are a common carrier.  In fact, as far as we can tell, no one in the State of Texas takes ownership of the authority to determine if a pipeline company is a common carrier.

In Denbury Green vs. Texas Rice Land Farmers, the Texas Supreme Court recently upheld their ruling that a land owner has the legal right to challenge a pipeline company’s common carrier status. They also ruled that a pipeline company cannot conclusively acquire the right to condemn private property simply by checking the right boxes on a one-page form filed with the Railroad Commission.

Public Citizen’s Texas director, Tom ‘Smitty’ Smith, said “The answers we need may not lie ultimately in Judge Hill’s decision; the answer may be an appeals court. The final outcome will also be laid at the foot of the Texas legislature to do something about this kind of abuse. We have already begun the process of pointing out the grave inequities of companies being able to walk into the Railroad Commission saying ‘trust us, we’re a common carrier,’ and then seize eminent domain authority without the needed checks and balances or review by an authorized government agency. That needs to change with the next legislative session.”

For updates on the status of the trial and further legal action click here.

Back at the U.S. / Canadian Border

In the meantime TransCanada had to reapply for their presidential permit for a section of the planned Keystone XL pipeline from oil fields in Canada that would cross into the United States.  The earlier permit application was denied after lawmakers in Nebraska objected to original route plans that had the pipeline crossing through its environmentally sensitive sand hills region.  While Nebraska’s objection was the official reason for the permit denial, the initial process was fraught with other controversies that many are pushing to be addressed this go round.

The State Department recently announced on its website that it has chosen a new third-party contractor to conduct the next round of reviews for TransCanada’s controversial permit re-application.

The new contractor, Environmental Resources Management (ERM), replaces Cardno Entrix, a firm that was at the center of the scandal surrounding the State Department’s flawed Keystone XL review process last fall. However, while the department has hired a new contractor, it has also signaled that it will lean heavily on the flawed environmental impact statement largely prepared by Cardno Entrix on behalf of Keystone XL, a study that independent experts concluded grossly downplayed the harm the pipeline is likely to cause and failed to address the impacts on Nebraska’s environmentally sensitive sand hills region.

The State Department’s Environmental Impact Statement, largely prepared by Cardno Entrix and issued in August 2011, was widely criticized for failing to catalogue the tar sands oil pipeline’s full threats to the climate, drinking water and public health, as well as the unique and heightened spill risks of piping tar sands oil across America’s heartland.  As communities across the mid section of the country face an onslaught of extreme weather, the State Department’s review faces a key test: whether its new round of review fully considers these issues.  In the face of  a summer of unprecedented wildfires, droughts and storms, following on the heals of Texas’ unprecedented drought and heat in 2011, it is vital that climate impacts of dirty tar sands oil are taken into account and that the possibility of spills affecting water sources in areas that are prone to droughts be reviewed.

The State Department closed the public comment period for the scope of the new environmental review for the northern leg of the Keystone XL pipeline on July 30. More than 400,000 submitted comments to the agency in staunch opposition to the project.

A New York Times exposé revealed last November that the State Department had “flouted the intent of a federal law” by hiring Cardno Entrix and allowing it to drive the environmental review process while it simultaneously touted TransCanada as a “major client.” An investigation by the State Department inspector general subsequently confirmed that the department had failed to follow its own flawed contractor vetting processes. The investigation also raised fresh concerns about the department’s insufficient scientific expertise to review the pipeline’s likely impacts, adding weight to independent experts’ conclusions that the impacts study was grossly inadequate.

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25 days of 100 degree weather, better than 90 days.

Posted in Global Warming, tagged , , , , on August 16, 2012 |

Austin, Texas just hit 100 degrees today (according to weather.com).

This is our 25th day of 100 degree weather this year.  That pales in comparison to 2011, where at this time last year we were counting down to breaking the previous record of 69 days of 100 degree days set back in 1925.  Austin did that and more, setting a new record of 90 days of 100 degree days in a single year a month and a half later.

Nevertheless, this year is still above our average of 13.5 days of 100 degree weather, but to the north of Texas, the midsection of the country is experiencing drought and heat waves comparable to ours of 2011.  That being said, weather forecasters are seeing the development of a moderate El Nino which could bring enough rain to Texas this winter to break our drought.  We can only hope that it is not a strong El Nino like the one that hit in 1997 and 1998 which brought major flooding to the state.  These feast or famine swings of weather are taking their toll on many things in this state – our agriculture, economy, electric grid . . .

If climate change is responsible for these extreme weather events, then maybe our leaders should look more closely at what we can do to slow climate change and mitigate the effects.

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They tried to keep it quiet, but the Tar Sands Blockade is there to greet them.

Posted in Global Warming, tagged , , on August 16, 2012 |

TransCanada has begun construction of the southern Keystone XL in Oklahoma and Texas. and while they tried to keep it quiet, the Tar Sands Blockade is there to greet them.

TransCanada is carelessly moving forward with construction and trying to keep it quiet. Important legal cases are still pending regarding their use of eminent domain, and they have failed to conduct environmental review of the southern Keystone XL pipeline route.

[youtube=http://www.youtube.com/watch?v=d9Ys6C58XT4&t=1s]

Texas Landowner Halts TransCanada Surveyors in Their Tracks          

TransCanada plans to clear-cut countless acres of East Texas forest in order to pipe tar sands oil across rivers, streams, and land that many landowners are claiming was seized via an abuse of eminent domain and contract fraud — all to export oil overseas.

TransCanada’s last pipeline spilled 12 times in its first 12 months of operation. During a summer of record heat, and an unprecedented drought, the last thing Texas needs is a tar sands pipeline that could ruin valuable water supplies with toxic oil spills.

In order to halt the onslaught of this international company’s plans to pillage their way across the landscape of the great state of Texas, we have learned that the Tar Sands Blockade, a grassroots-led campaign using non-violent civil disobedience, has initiated a plan to stop construction of the southern leg of the Keystone XL pipeline. They have organized landowners, environmentalists, tea partiers, occupiers and more to stop this disaster-in-the-making in imaginative ways.

The following video shows folks from around the country telling you why they are joining the Tar Sands Blockade.

[youtube=http://www.youtube.com/watch?v=e-WGe7EkNwE&t=1s]

To follow the Tar Sands Blockade, check them out on their facebook page. http://www.facebook.com/TarSandsBlockade

We hope to post more about this action in the coming days.

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Refuting Assumptions About Nuclear Waste

Posted in Nuclear, Radioactive Waste, tagged , , , , on August 15, 2012 |

The agency responsible for approving the construction of nuclear reactors may no longer be able to rely on its old “build reactors now and worry about radioactive waste later” approach.

Learn more about new challenges to nuclear waste policy.

For decades, nuclear reactors have been built under two assumptions:

  • One day there would be a place to permanently store the lethal waste generated from nuclear power.
  • While the final burial place was being determined, the nuclear waste could be safely stored on-site.

But when it comes to waste that remains dangerous for hundreds of thousands of years, assumptions can be a reckless gamble.

A federal court agrees.

In June, the U.S. Court of Appeals in Washington ruled that these assumptions are no longer good enough, prompting the Nuclear Regulatory Commission to address the shortcomings of the two rules which translate these assumptions into policy — the waste confidence decision and the storage rule.

In response, 24 groups, including Public Citizen, challenging both new reactor licenses and license renewals for existing reactors filed a petition urging the NRC to respond to the court ruling by freezing final licensing decisions.

On July 8, the NRC voted to suspend a final decision on all new reactor licenses. No doubt this is a short-term win for us.

But the intermediate and long-term implications for nuclear energy and the policies that govern radioactive waste are still unclear.

As these implications unfold, we will continue to keep you updated and when possible provide opportunities to take action toward improving the safety of our country’s mounting stockpile of nuclear waste.

To get more information on the court’s decision, check out the blog post by Allison Fisher of Public Citizen’s Climate and Energy Program, Will nuclear power continue to hobble along despite its radioactive Achilles’ heel?

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A Tale of Two Nuclear Disasters

Posted in Nuclear, Radiation, tagged , , , , , on August 6, 2012 |

As Japan commemorates the anniversary of the Hiroshima atomic bomb attack, Japanese officials are developing new energy policies that will guard the safety and the livelihood of the Japanese public in the wake of the devastating Fukushima nuclear accident.

Sixty seven years ago today, on Aug. 6, 1945, nearly 140,000 people were killed by the first atomic bomb used in warfare. Three days later the United States dropped another bomb in Nagasaki that killed 70,000 more.

In March 2011, Japan was devastated by an earthquake and tsunami which crippled Tokyo Electric Power Co.’s Fukushima nuclear plant and sent it into meltdown.  This caused radiation to spew over large areas from which more than 160,000 people had to flee. Every one of Japan’s nuclear plants were shuttered in the months following the world’s worst nuclear crisis since Chernobyl in 1986.  This is a country that now knows, all too well, the devastation of nuclear power both in war and in peacetime.

Two of the nation’s reactors resumed operations in July, but the Fukushima disaster has turned public sentiment against the country’s dependence on nuclear power.

According to NBC News, a recent parliamentary investigation concluded that past energy policy reliance on opinions of industry experts, bureaucrats and politicians had bred collusion and blindness when it came to ensuring nuclear reactors’ safety.

Now Japan is conducting citizen debates to look at options for the role of nuclear power in their generation mix, and expects to compile a draft of its new energy policy by the end of August.

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ERCOT prepares for first summer heat wave of 2012

Posted in Global Warming, tagged , on July 22, 2012 |

With the passing of the Summer solstice and temperatures expected to hit triple digits several days next week in the Lone Star State, the Electric Reliability Council of Texas (ERCOT), the electric grid operator for most of the state, is looking closely at anticipated electric use and available electric generation.

Following on the heels of 2011’s second hottest summer on record in the U.S. with Texas experiencing the warmest summer on record of any state and its hottest summer on record,  ERCOT is going to be carefully looking at demand in the coming months.  Peak electric demand is expected to exceed 65,000 megawatts on Monday and Tuesday, and ERCOT expects to have adequate electric generation resources available to serve the residents of Texas without issuing an Energy Emergency Alert. This takes into account current outages and the possibility of losing additional resources in the first heat wave of summer.

ERCOT will use a variety of channels to keep the public informed throughout the summer. ERCOT Energy Saver, a new mobile app now available for Apple and Android devices, will provide real-time alerts when conservation is most critical in the ERCOT region. Users of the free app need to enable push notifications to receive these messages. ERCOT also will provide information through the news media, Facebook, Twitter and ERCOT’s new subscription-based EmergencyAlerts list (http://lists.ercot.com).

ERCOT will provide updates as needed, especially if actual energy use or loss of generation through unplanned outages exceeds current expectations.

Although the grid operator anticipates sufficient electric generation to meet this early summer heat wave, consumers are urged to conserve, especially between the hours of 3 and 7 pm.

Some steps everyone can take to reduce demand on the grid during these peak demand hours include the following:

  • Turn your thermostat up by two or three degrees in the late afternoon.
  • If you will be away from home throughout the day, turn your thermostat up before leaving home in the morning.
  • Set pool pumps to run late at night or early in the morning.
  • Avoid using large appliances, especially hot stoves and clothes dryers, during the peak.

For more conservation tips, download the ERCOT Energy Saver app or visit the Public Utility Commission of Texas website.

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NOAA Report – Global warming has made 2011 Texas heat wave about 20 times more likely to happen during a La Nina year

Posted in Climate Change, Global Warming, tagged , , on July 11, 2012 |

According to a story on MSNBC, scientists can’t blame any single weather event on global warming, but they now believe they can assess how climate change has altered the odds of such events happening,   Click here to read the AP story, Global warming tied to risk of weather extremes.  Click here to download a copy of NOAA’s State of the Climate 2011 Report.

Tom Peterson of the National Oceanic and Atmospheric Administration is an editor of the report that includes the analyses published by the Bulletin of the American Meteorological Society one of which looked at the Texas drought last year.  If you are from Texas you know that we suffered through record heat and low precipitation in 2011 that left most of the state in “exceptional” drought (the highest level of drought classification) well into 2012.

Meterologists attribute last year’s weather in the south to a La Nina weather pattern, caused by the cooling of the central Pacific Ocean, La Nina generally cools global temperatures but tends to make the southern United States warmer and drier than usual.  In the report analysis, scientists wondered, beyond that, would global warming affect the chances of such an extreme event happening?

To find out, they studied computer climate simulations for La Nina years, focusing on Texas. They compared the outcome of three such years in the 1960s with that of 2008. They used 2008 because their deadline for the study didn’t allow enough time to generate thousands of new simulations with fresh data from 2011.  The two years were similar in having a La Nina and in amounts of greenhouse gases in the air.

The idea of the study, they said, was to check the likelihood of such a heat wave both before and after there was a lot of man-made climate change, which is primarily from burning fossil fuels like coal and oil.

Their conclusion: Global warming has made such a Texas heat wave about 20 times more likely to happen during a La Nina year.

This has grave implications for Texas for the next La Nina pattern.  Over the last several months, Texas legislators have been meeting and taking testimony about the drought’s impacts on the states’ water supplies and stability of our electric grid.  Right now, policies are being put in place that makes it more attractive for electricity generators to pull old polluting plants out of mothball and run them full out during times of electrical shortage emergencies rather than investing in peak energy use forms of renewable energy (like solar and coastal wind).  This creates a vicious cycle – increasing global warming gasses emitted, that increase global warming, that increases the likelihood that we will have more extreme heat waves during La Nina years, and on and on.

Texas needs to incentivise a move away from sources of electric generation that contributes to both global warming gas emissions and intensive water use.

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We are now in energy emergency season as a heatwave sweeps the country – read what ERCOT is asking

Posted in Global Warming, tagged , , , , on June 28, 2012 |

The Electric Reliability Council of Texas, Inc. (ERCOT), system operator for the state’s bulk transmission grid, is asking consumers and businesses to reduce their electricity use during peak electricity hours from 3 to 7 p.m. today.

Consumers can help by shutting off unnecessary lights and electrical appliances between 3 and 7 p.m., and delaying laundry and other activities requiring electricity-consuming appliances until later in the evening. Other conservation tips from the Public Utility Commission’s “Powerful Advice”  include:

  • Turn off all unnecessary lights, appliances, and electronic equipment.
  • When at home, close blinds and drapes that get direct sun, set air conditioning thermostats to 78 degrees or higher, and use fans in occupied rooms to feel cooler.
  • When away from home, set air conditioning thermostats to 85 degrees and turn all fans off before you leave. Block the sun by closing blinds or drapes on windows that will get direct sun.
  • Do not use your dishwasher, laundry equipment, hair dryers, coffee makers, or other home appliances during the peak hours of 3 to 7 p.m.
  • Avoid opening refrigerators or freezers more than necessary.
  • Use microwaves for cooking instead of an electric range or oven.
  • Set your pool pump to run in the early morning or evening instead of the afternoon.

Businesses should minimize the use of electric lighting and electricity-consuming equipment as much as possible.   Large consumers of electricity should consider shutting down or reducing non-essential production processes.

How to Track Electricity Demand

  • View daily peak demand forecast and current load at  http://www.ercot.com/
  • View daily peak demands by the hour at this link
  • Get real-time notices of energy emergency alerts by following ERCOT on Twitter

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KEFFER LISTENS INTENTLY TO TAR SANDS CONCERNS: Energy Resources chair pledges ‘due diligence’ on pipeline safety

Posted in Global Warming, Tarsands, tagged , , , , on June 27, 2012 |

The following story on testimony provided to the Texas House Energy Resources Committee about the threat the proposed Tar Sands pipeline poses for the state was reprinted with the permission of the Texas Energy Report.

House Energy Resources Committee Chairman Jim Keffer on Tuesday promised environmental advocates warning of dangers posed by pipelines carrying Canadian tar sands – especially under outdated Texas regulations – that his committee will do its “due diligence’ on the issue.

“You have certainly helped me in things I didn’t know. I want to assure you this committee is going to take everything you said very seriously with the utmost respect it deserves,” Keffer (R-Eastland) said during a day-long hearing on Texas energy and regulations governing it.
Comparing pipeline safety and transparency to his landmark legislation on public disclosure of hydraulic fracturing chemicals, Keffer said he is committed to ensuring “we disclose everything we can to really help the industry going forward.
“We will certainly do it with all due diligence and make sure it is done right,” he added.
He lamented that no one from the pipeline industry attended the hearing to answer questions raised in detail about the safety of pipelines carrying tar sands, also known as oil sands, and commonly referred to as diluted bitumen when in transport.
Julia Trigg Crawford, a family farmer battling TransCanada Corp.’s use of eminent domain to condemn easements on her farm for the controversial Keystone XL Pipeline, testified that diluted bitumen is not akin to heavy Venezuelan crude, as many in the industry insist. (Texas Railroad Commissioner Barry Smitherman also made the comparison earlier in the hearing.)
“Please don’t allow our land to be taken and then endanger it by allowing old standards to be used for something that is an entirely new product that’s going to come across Texas soil. One does not have to pull back many layers to discover that Canadian tar sands are not your mother’s crude oil,” Crawford told the committee.
Noting that she’s learned TransCanada could begin pipeline construction on her land as early as August, Crawford said state officials have an obligation to ensure the “highest and most stringent” pipeline construction regulations are in place when transporting diluted bitumen.
She underlined that her family is fighting TransCanada’s use of eminent domain law to condemn easements on her land, claiming it is a common carrier. Diluted bitumen is not one of seven products listed in the state’s natural resources code that fall under current pipeline regulations, she pointed out.
The Crawford family’s fight against TransCanada will be aired next at a hearing July 18 in the Lamar County Court of Law with Judge Bill Harris presiding, she said. The family will argue the company cannot claim common carrier status in order to employ eminent domain. It also has raised legal issues regarding Native American artifacts that could be disturbed by the proposed pipeline construction route.
“The proposed pipeline that’s going to cross my land will transport Canadian tar sands,” she said. “This product has never come across our soil before. Our current state regulations have never had to address this specific product,” Crawford said, adding officials need to study ample existing data to prevent a repeat of a tar sands catastrophe in Michigan’s Kalamazoo River. “We really don’t know what we’re up against with this product. I don’t think we should use our Texas lands and resources as guinea pigs.”
Trevor Lovell, environmental program coordinator of Public Citizen’s Texas office, told the committee that he coauthored an op-ed in the Dallas Morning News warning about Enbridge Inc.’s repurposing of the 36-year-old Seaway Pipeline to carry a “poisonous mix of chemicals and tar sands bitumen up to 20 times more toxic than traditional crude.” The pipeline crosses three major water sources for the Dallas-Fort Worth area.
The articl,e co-written by Public Citizen-Texas Executive Director, Tom “Smitty” Smith, raised several concerns: tar sands are solid at ambient temperatures, far more acidic than crude oil, and chemical diluents must be added to move them through a pipeline. Yet companies like Enbridge have refused to disclose the chemical mixes, calling them proprietary information.
They added that data from tar sands pipeline spills show the blend is heavy in benzene at toxic levels and other chemicals that are “far more deadly” than contents in ordinary crude oil pipelines.
While a chemical engineer formerly employed at Mobil responded that he agreed with the op-ed points on dangers posed by the Seaway pipeline conversion, Lovell said, a dueling op-ed submitted by an Enbridge executive did not address even one of the 10 key points Public Citizen had made.
Instead, it attacked the two authors, accusing them of distortion and misinformation. It cited statistics showing that no tar sands pipelines have ruptured due to corrosion, a point Lovell said the two did not assert.
After the hearing, Lovell said he felt “pretty good” about Keffer’s pledge to investigate the subject further to ensure safety and continued economic contributions from oil and gas activities in the state.
“It was very encouraging,” Lovell told Texas Energy Report. “I think that Keffer’s done a lot of leadership on that committee. He didn’t make any statements he can’t back up. He framed it in the terms he’s comfortable with, which is protecting the industry from itself, so to speak.
“At the end of the day,” he added, “what we care about is safety on these pipelines.”

By Polly Ross Hughes

Ramrodded by veteran reporter Polly Hughes, the Texas Energy Report’s Energy Buzz specializes in what is happening on the ground in Texas energy ranging from dedicated coverage of the Texas regulatory agencies to battles in the Legislature that affect the future of the industry.

Copyright June 21, 2012, Harvey Kronberg, www.texasenergyreport.com, All rights are reserved.  Reposted by TexasVox.org with permission of the Texas Energy Report.

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WCS – A potential bailout without any authorization from the Texas Legislature?

Posted in Global Warming, tagged , , , , on June 27, 2012 |

We’ve recently realized that TCEQ allowed stock from Waste Control Specialists (WCS) sister company, Titanium Metals Corp to be put up as the financial assurance for their radioactive waste dump and that stock isn’t performing well right now. So we want to know, where does that leave the state of Texas and its citizens?

We hope to have this addressed at the upcoming Texas Low Level Radioactive Waste Disposal Compact Commission (Compact Commission) meetings that are coming up this week.

  • Thursday, June 28th 5:30 PM – Joint subcommittee meeting at the Capitol – E1.028 Technical and Legal Committees
    (The process for addressing applications is yet to be determined, although the applications could be voted on the next day)
  • Friday, June 29th – 9 AM Full Compact Commission Meeting – at the Capitol – E1.028
    The Friday meeting should be televised live (but won’t be archived) and will be available for viewing at “Texas legislature online“

Do come to these hearings if you are able.

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GROUP WARNS OF TEXAS OIL SANDS PIPELINE THREAT

Posted in Energy, Tarsands, Texas Legislature, tagged , , , on June 22, 2012 |

The following story on the threat the proposed Tar Sands pipeline poses for the state was reprinted with the permission of the Texas Energy Report.

GROUP WARNS OF TEXAS OIL SANDS PIPELINE THREAT

Enbridge says public data don’t back up spill concerns

As the Environmental Protection Agency announced the re-opening of parts of the contaminated Kalamazoo River in Michigan Thursday, environmental activists in Texas warned that tar sands could contaminate water supplies in the Lone Star State as well.

Noting that Enbridge Inc. “was allowed to push tar sands through” a 43-year-old pipeline in Michigan leading to a spill “nearly impossible” to clean up, environmental experts at Public Citizen – Texas say the same could happen in Texas.

Enbridge, they say, has begun pumping the “same toxic diluted bitumen” through the 36-year-old Seaway pipeline, which runs under three major drinking water sources for the Dallas-Fort Worth area.

“All Texans should be deeply troubled,” the group said in a statement, noting similarities between the Kalamazoo and Texas pipelines now transporting tar sands, also known as oil sands.

“The reversal and repurposing of the aging Seaway pipeline was accomplished without any inspection or oversight from state or federal agencies despite the fact that the new tar sands feedstock is substantially more likely to cause a pipeline rupture, contains a far greater concentration of toxic diluents, and is made up primarily of Canadian bitumen which sinks in water, making it almost impossible to clean up,” Public Citizen said in a statement.

“I don’t think it’s that simple,” Larry Springer, an Enbridge spokesman based in Houston, told Texas Energy Report.

“We went back ourselves and looked and did not find any examples of pipelines that failed from internal corrosion in the last 10 years that were carrying oil that was produced in the Canadian oil sands,” he said.

Springer cites the Pipeline and Hazardous Materials Safety Administration (PHMSA) as the source of data backing up that claim. He also noted that the pipeline that failed in Michigan was from a much older era.

By Polly Ross Hughes

Ramrodded by veteran reporter Polly Hughes, the Texas Energy Report’s Energy Buzz specializes in what is happening on the ground in Texas energy ranging from dedicated coverage of the Texas regulatory agencies to battles in the Legislature that affect the future of the industry. 

Copyright June 21, 2012, Harvey Kronberg, www.texasenergyreport.com, All rights are reserved.  Reposted by TexasVox.org with permission of the Texas Energy Report. 

AND THIS IS WHAT WE CAN LOOK FORWARD TO:

[youtube=http://www.youtube.com/watch?v=63M8xKSN77c]

A photo collage video by Michelle Barlond-Smith, a resident of Battle Creek, Michigan, near the Enbridge pipeline spill.

In  the meantime, an Enbridge Tar Sands victim of the Michigan spill, the most expensive in US history, is scheduled to testify on Tuesday, June 26th in front of the House Energy Resources Committee of the Texas Legislature, to describe the human cost of a tar sands pipeline spill.

Michelle Barlond-Smith is a resident of Battle Creek, Michigan, one of the communities hit hardest by the July 2010 rupture in Enbridge’s Line 6B which dumped over 1.1 million gallons of diluted bitumen into the Kalamazoo River. Michelle witnessed firsthand neighbors and friends becoming sick or being hospitalized, has watched communities along the Kalamazoo become ghost towns, and brings a cautionary tale to Texans along the Seaway pipeline from near Dallas down to the gulf coast.  She will be in Texas testifying in front of the House Energy Resources Committee at the public hearing that will address an interim study charge examining state regulations governing oil and gas well construction and integrity and pipeline safety and construction and determine what changes should be made, if any, to ensure that the regulations are adequate to protect the people of Texas and its natural resources.

This committee hearing will begin at 9:00 am on Tuesday, June 26 in the Texas capital extension in room E1.010.  The committee will hear invited testimony only.  No public testimony will be taken, but the public is permitted to attend, and we encourage you to do so.
     

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At Energy Future Holdings, Failure Pays Well for Those at Top

Posted in Coal, Consumers, Energy, tagged , , , , , , on June 15, 2012 |

If you think that bonuses are supposed to reward success, you’re not alone, but the reality is more bizarre.  While Energy Future Holdings, formerly TXU, of Dallas continues its downward spiral toward bankruptcy, it’s handing out millions in bonuses to its executives.

The bonuses are called retention bonuses and are supposed to keep executive from fleeing the company as its prospects worsen.  At first glance, that makes some sense.  Recruiting replacements might be difficult.  After all, who is going to want to take charge of a failing company?  But then, who would want to hire an executive whose last job was running a company that failed so spectacularly?  And if bonuses increase as the company does worse, what incentive is there to improve performance?  Against the basic principle of capitalism, this system actually provides an incentive to fail.

Meanwhile, Energy Future Holdings is still making huge payments to the private equity holders that are responsible for over leveraging the company in the first place.  Henry Roberts Kravis, CEO of KKR received $30 million and his cousin and co-CEO, George Roberts received $29.9 million in compensation for 2011.  Clearly, the survival of Energy Future Holdings is not the main concern of either these private equity barons or the executives at the company, or else they wouldn’t be squeezing personal profit out of it when it’s floundering.

While employees at Energy Future Holdings and its subsidiaries may be worrying about what the future holds, those at the top are cashing in big.  No government payments or loans to the company or altering of the energy market will change that dynamic.

Don’t let your money be used to line the pockets of failing executives and private equity CEOs.

If you live in Texas, please sign our petition urging all Texas Legislators to oppose any public or ratepayer-funded bailout of Energy Future Holdings. 

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