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Between legislative sessions, the Texas Lieutenant Governor and Speaker of the House of Representatives appoint Interim Committees to study important issues that help guide the Texas Legislature’s decisions in the future. These interim committees hold hearings and take public testimony. Their findings will affect actions taken during the next regular session.  Public Citizen will be closely following several interim charges during the coming year.  After each charge, we have included a brief explanation about why we consider these important charges about which you should be concerned.  The interim charges include, but are not limited to:

House Committee on Environmental Regulation Interim Charges
# 1.  Study the environmental permitting processes at the Texas Commission on Environmental Quality (TCEQ), specifically the contested case hearing process at the State Office of Administrative Hearings (SOAH) and the timelines associated with the process. Study the economic impact that the state’s permitting processes have on Texas manufacturing sectors and how neighboring states’ and the federal permitting processes and timelines compare to those in Texas.
(Why are contested case hearings important for Texas citizens?  This is the only opportunity that neighbors of proposed facilities have to contest an air or water quality permit before a license is approved.  Once approved, any contentions must go through the Texas court system, which can cost a citizen or group of citizens thousands of dollars to litigate and the likelihood of getting a license revoked is extremely minimal.  You will note that the only concerns voice about this process has to do with economic impact and the impact on industry – NOT on how it would impact you and your family if you ended up with a facility next door that had to be permitted because it impacts on air and water quality.) 
# 2.  Study the rules, laws, and regulations pertaining to the disposal of high-level radioactive waste in Texas and determine the potential economic impact of permitting a facility in Texas. Make specific recommendations on the state and federal actions necessary to permit a high-level radioactive waste disposal or interim storage facility in Texas
(Can you say Yucca Mountain?  Yucca Mountain, a ridge of volcanic rock about 100 miles northwest of Las Vegas, has been the leading candidate site for a high-level radioactive repository since the 1980s, but Nevada has fought the project bitterly in court and in Congress. The spent fuel that emerges from nuclear power plants has been accumulating for decades in steel-lined pools or giant steel-and-concrete casks near the reactors.  A final decision to abandon the repository would leave the nation with no solution to a problem it has struggled with for half a century, but some in Texas seem determined to take on the task of making west Texas the new home for this nuclear waste.  While you may not be concerned about all that radioactivity sitting on land near Big Spring, TX, halfway between Midland and Sweetwater, you may want to consider the impact of all that waste being transported across the state on our highways, possibly through your neighborhood.  We will be following this charge and will post when we know about hearings.)

Consider this story that broke as I was writing this post. The Waste Isolation Pilot Plant (WIPP), an underground radioactive waste disposal site that began operations in 1999 and is the nation’s first repository for the permanent disposal of defense-generated transuranic radioactive waste left from research and production of nuclear weapons, was evacuated this morning when an underground salt truck used to haul mining debris caught fire.  Two WIPP rescue teams were activated and an unconfirmed number of WIPP employees were transported to a hospital for potential smoke inhalation. Operations at WIPP have been suspended until further notice.  According to WIPP, none of the nuclear waste was disrupted during the incident, but emergency crews were still battling the fire at this writing.

House Committee on State Affairs Interim Charge

# 3. Study the different financial assurance options used by state agencies to ensure compliance with environmental clean-up or remediation costs. Determine whether the methods utilized by state agencies are appropriate to ensure sufficient funds will be available when called upon.
(An example of how this can affect you – Currently, mines associated with a coal-fired plant can disposed of toxic coal ash waste from the burning of that coal in the depleted mines – click here to read more about coal ash waste .  Federal law requires those facility to post a bond for cleanup and remediation of the land where coal ash waste is disposed of.  In Texas, we allow a financially solvent company to pledge existing assets against future reclamation claims related to mine operations and seem to have no recourse to require changes if the company no longer meets financial health benchmarks. This is a practice that leaves Texas tax payers at risk of having to bail failing companies out from this obligation if those companies are unable to meet it.)

Click here to see all the Texas House Interim Charges.  We will keep you updated as hearings for these charges are announced.  Your input can have significant impact on what our legislature does regarding these issues.

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The Green Sanctuary Committee is hosting a free screening of Robert Redford’s film, WATERSHED, in Austin, TX

Robert RedfordWATERSHED tells the story of the threats to the once-mighty Colorado River and offers solutions for the future of the American west.

JANUARY 31st  at  7 PM
First Unitarian Church
4700 Grover Ave. ,  Austin, TX     
free – all welcome

 

The film panelists: 

  • Tom Mason, formerly with Lower Colorado River now advisor for Environmental Defense Fund.
  • Jennifer Walker, Sierra Club Water Resources Coordinator
  • Paul Robbins, Water activist and publisher of Austin Environmental Directory.

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Join 360.org with a message to Stop the Keystone XL Pipeline

RSVP on Facebook: facebook.com/events/167981560029199/

Here are the details:

  • What: Austin Tells Obama: No KXL!
  • When: Thursday, May 9 at 3:30pm
  • Where: Obama will be speaking at Applied Materials at 9700 US Highway 290 East. We are going to be meeting at Uncle Bob’s Self Storage- 9717 U.S. 290 Austin, Texas at 3:30pm and will try and get as close as possible to the event location.

Applied Materials is a technology company that makes solar panels. Obama will probably be speaking about clean energy and he needs to get the message that he cannot support a clean energy economy and also approve the Keystone XL pipeline, one of the dirtiest energy projects in the world.

President Obama already supported construction of the southern leg of Keystone XL through Texas and Oklahoma, but he has a chance to reverse course and make the right choice on the crucial northern leg of the pipeline. 350 organizers have met him at every one of his public events in the past few weeks — including overseas — help them keep the pressure on when he comes to Austin. We can’t let him talk about clean energy without speaking up about Keystone XL.

This is one of the best ways you can show the President that Keystone XL does not fit into a clean energy future. So, invite your friends and neighbors and co-workers, and take an hour to join tomorrow. Click here to RSVP!

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NRG desperate for PPAsNRG Energy, Inc. posted their 2010 Full-Year and Fourth Quarter results today.  It appears that if no loan guarantees are forthcoming and the company fails to secure sufficient Power Purchase Agreements (PPA) for the STP expansion project by the third quarter of this year, NRG could make a final decision to pull the project.

For this reason, Central Texas utilities like Austin Energy, LCRA, and San Marcos are going to be lobbied heavily by NRG representatives in the coming months.  Click here to read our earlier post on NRG’s approach to Austin Energy.

A section directly from their 4th quarter report is excerpted below:

On November 29, 2010,  NINA awarded the EPC contract for the development of STP Units 3 and 4 to a restructured EPC consortium formed by Toshiba America Nuclear Energy Corporation and The Shaw Group Inc. Shaw is providing a $100 million credit facility to NINA to assist in financing STP. The credit facility will convert to equity in NINA upon the satisfaction of certain conditions including the project receiving full notice to proceed, which is expected in mid-2012. The project is presently scheduled to come online with one unit in 2016 and the second in 2017.  The project remains subject to receipt of a conditional loan guarantee from the Department of Energy and to the satisfaction of certain conditions, most notably, the arrangement of long term PPAs for a significant portion of the plant’s capacity. It is anticipated that the pace of development and pre-construction work required to meet the 2016/2017 online schedule dictates that the loan guarantee needs to be received and critical conditions satisfied in the third quarter of 2011. As a result, NRG expects to make a final decision with respect to its continued funding of STP 3&4 during the third quarter of 2011.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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"Come Unto Me", a depiction of Jesus...

"Come Unto Me", a depiction of Jesus Christ at Cedarvale Bay City Cemetery - on Wikipedia

The U. S. Nuclear Regulatory Commission staff will hold two public meetings on the environmental review of South Texas Project (STP) Nuclear Operating Co.’s application to renew the operating licenses for the STP nuclear reactors near Bay City.

The public is invited to attend and comment on environmental issues the NRC should consider in its review of the proposed license renewal.  Formal comments on environmental issues should be provided during either of the scheduled sessions.

Wednesday, March 2, 2011
          In the afternoon from 1:30 p.m. until 4:30 p.m.
          In the evening from 7:00 p.m. until 10:00 p.m.
                      NRC staff will host informal discussions an hour prior to
                      each meeting to answer questions and provide
                      additional information about the process.
Bay City Civic Center located at 201 7th St. in Bay City, Texas,

The meetings will include an NRC staff presentation on the license renewal process, after which members of the public will be given the opportunity to present their comments on what environmental issues the NRC should consider during its review.

For planning purposes, those who wish to present oral comments at the meeting are encouraged to contact Tam Tran, email at tam.tran@nrc.gov or telephone at 301- 415-3617. People may also register to speak before the start of each session. Individual comment time may be limited by the time available.

Both South Texas Project Units 1 and 2 are pressurized-water nuclear reactors, located 12 miles southwest of Bay City, Texas. The plant’s current operating licenses for Units 1 and 2 will expire on Aug. 20, 2027, and Dec. 15, 2028, respectively.

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Come one, come all. The House Committee on Redistricting is taking public testimony at hearings around the state regarding redistricting that will help shape the districts for both the house and senate of the Texas legislature, Texas congressional districts, and districts for the election of judicial officers or of governing bodies or representatives of political subdivisions or state agencies as required by law, including state board of education districts for the next ten years..

The HOUSTON REDISTRICTING HEARING will be held on November 20, 2010 at 10:00 A.M. at University of Houston, Athletic/Alumni Center, O’Quinn Great Hall, 3100 Cullen Boulevard, Houston, TX, 77004.

For more information on redistricting, including links to video of earlier hearings in other communities around the state, see our earlier blog by clicking here

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Austin Redistricting Hearing

Come one, come all.  The House Committee on Redistricting is taking public testimony at hearings around the state regarding redistricting that will help shape the districts for both the house and senate of the Texas legislature, Texas congressional districts, and districts for the election of judicial officers or of governing bodies or representatives of political subdivisions or state agencies as required by law, including state board of education districts for the next ten years.  After this mid-cycle election, we can expect a pretty draconian effort on the part of the Republicans to stack the redistricting disproportionately in their favor. 

The AUSTIN REDISTRICTING HEARING will be held on November 17, 2010 at 10:00 A.M. at the Texas State Capitol, Underground Extension, Hearing Room E1.030, in Austin, TX.

For more information on redistricting, including links to video of earlier hearings in other communities around the state, see our earlier blog by clicking here

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The EPA is holding hearings on newly proposed coal ash regulations throughout the country. One of the few places they’ve decided to hold a hearing is Dallas. Coal ash waste facilities have never been properly regulated, despite the fact that coal ash is full of toxic pollutants and carcinogens. This is due primarily to the fact that the coal lobby wants to profit off of their waste by selling it to other industries for use in manufacturing products ranging from concrete to fertilizer.

Texas has 17 coal plants, all of which produce massive amounts of toxic coal ash waste that get stored either in slurry ponds (coal ash mixed with water) or in landfills.

Check out more info and find out how you can encourage the EPA to regulate this waste properly by visiting Sierra Club’s action page.

For some background info on the coal ash waste disaster in Tennessee go here.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We arePublic Citizen Texas.

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The Nuclear Regulatory Commission has accepted for review the Exelon Nuclear Texas Holdings Early Site Permit (ESP) application for the Victoria County site near Victoria, Texas.

The application and associated information were initially submitted on March 25 and is available, minus proprietary and security-related details, on the NRC Web site at: http://www.nrc.gov/reactors/new-reactors/esp/victoria.html.

Exelon’s application seeks approval for safety and environmental issues for the site, approximately 13 miles south of Victoria.  If approved by the NRC this would give Exelon three to 20 years to decide whether to build a plant in Victoria County. It can be extended for another 20 years, giving the company up to 40 years to begin construction from the time that the NRC approves the permit.

Now the site permit application will undergo a three- to four-year review process by the NRC in which it will evaluate the project’s environmental impact and safety preparedness.

Water use figures prominently into the concerns of many. The Guadalupe River is the designated water source for the possible power plant, and Exelon has a water reservation agreement with the Guadalupe-Blanco River Authority (GBRA) that expires in 2013. (more…)

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Exelon Nuclear plans to file a 6,000-plus-page document that would give it as many as 40 years to begin work on a power plant in Victoria.

Exelon has looked at building a plant in this area of Texas since 2007. It plans to file an early site permit application with the Nuclear Regulatory Commission on  March 25, 2010.  This will allow them to keep their options open as the permit, if approved by the NRC, would give Exelon three to 20 years to decide whether to build a plant in Victoria County. It can be extended for another 20 years, giving the company up to 40 years to begin construction from the time that the NRC approves the permit.

Once the early site permit application is submitted, it undergoes a three- to four-year review process by the NRC in which it will evaluate the project’s environmental impact and safety preparedness.

The NRC will conduct a public meeting April 15 at the Victoria Community Center to explain what the review process entails.

Water use figures prominently into the concerns of many. The Guadalupe River is the designated water source for the possible power plant, and Exelon has a water reservation agreement with the Guadalupe-Blanco River Authority (GBRA) that expires in 2013.

In the agreement with the GBRA, Exelon reserved 75,000 acre-feet of water every year.  The plant’s water use supercedes that of other water users, including the city of Victoria and farmers in the region.

We strongly urge the public to attend this meeting.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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At last!  I can fill you in on Monday’s fantastic solar press conference at the capitol!

Public Citizen Director Tom "Smitty" Smith and Senator Rodney Ellis

Senator Rodney Ellis and Public Citizen Director Tom "Smitty" Smith

Public Citizen, Environment Texas and the Lone Star Chapter of the Sierra Club hosted a statewide round of press conferences this week to roll out our solar report, Texas Solar Roadmap — which of course can be downloaded at www.cleanenergyfortexas.org. Our report highlights how a robust solar program would help put Texans back to work, reduce peak energy prices, curb climate change, improve air quality, and position the state as a world leader for solar production. The full report is a pretty good read, but if you’re short on time I suggest the condensed version, Wildcatting the Sun.

Our press conference in Austin was particularly exciting because we were in such great company. Senators Troy Fraser, Leticia Van de Putte, Kirk Watson, Rodney Ellis, and Representatives Mark Strama and Rafael Anchia all appeared and championed the solar bills they have introduced thus far.

anchia

shapiro

Rafael Anchia’s HB 278 and Florence Shapiro’s SB 427 would require the state’s electric utilities to support the development of 2000 megawatts of solar and other on-site renewable technologies by offering direct incentives to consumers and businesses.

This is right in line with Public Citizen’s distributed solar goal, outlined in both Wildcatting the Sun and Texas Solar Roadmap . According to our report , such a standard could lead to installations on as many as 500,000 roofs in Texas by 2020 at a cost of about 98 cents per month per Texan (Polls have shown that 81% of Texas voters are willing to pay up to a dollar a month to encourage solar power. What about you?). This investment would create an estimated 22,000 jobs and reduce emissions of carbon dioxide emissions by 29 million tons, the equivalent of taking 4.3 million cars off the road for a year.

Anchia stressed that this should be Texas’ solar session because it would answer two of our major challenges: air quality, and global warming.

solar_power_lege_09_presser_0041Senator Fraser was the first legislator to speak, proclaiming that this would be Texas’ solar session. Chairman of the Business and Commerce Committee, Fraser is well positioned to be an effective solar champion. As such, Fraser was particularly proud to forecast a sunny session for solar power. He joked that there are so many solar bills being filed this session, they are going to have to lay them all out at once and have a “solar day” where they can pick out the best bills and key components of each (this is the second time I’ve heard him say this though, so he may be serious. If so, you better bet I’ll be there with bells on!)

Fraser also said that he found the idea enumerated in Kirk Watson’s bills — that Texas was very successful in promoting wind power but missed out on manufacturing opportunities — particularly in need of our attention.

Fraser’s big solar bill is SB 545, which

would create a five-year program for distributed solar generation incentives offered through the state’s transmission and distribution utilities. The incentive program would be funded by a nominal monthly fee on residential, commercial and industrial customers.

Check out his press release from last week, when that bill was filed, for more information. Or if you’re feeling really geeky, read the bill. Watson has also filed SB 546, relating to the state goal for energy efficiency. This bill sets stepped goals for how much of the state’s growth in energy efficiency will be met by efficiency, culminating in a goal of getting 50% load growth through efficiency by 2015.

solar_power_lege_09_presser_0061Senator Van de Putte was then called up to champion CPS Energy’s new distributed energy commitment and her own solar in schools bill, SB 598. This would set up a pilot loan program to retrofit public schools with PV panels and other efficiency measures. Solar on schools is a pretty smart idea, because during summer months when the lights are off and their electricity use dips way down, they could make a lot of money pumping of energy back into the grid.

Senator Watson, a member of the Business and C0mmerce Committee and my Very Own senator, has three solar bills introduced so far. (more…)

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