Two stories out today. Note the tracers in NC. I am not sure we will
be ready for legislation this year, but this should remain a priority.
JBK
----- Original Message -----
From: "Mall, Amy" <amall(a)nrdc.org>
To: "cog" <cog(a)lists.earthworksaction.org>
Sent: Monday, January 28, 2013 9:34 AM
Subject: [COG] North Carolina: Fracking board set to propose nation's
toughest rules
Fracking board set to propose nation's toughest rules
By John Murawski -
jmurawski(a)newsobserver.…
[View More]com<mailto:jmurawski@newsobserver.com (
mailto:jmurawski@newsobserver.com%3Cmailto:jmurawski@newsobserver.com
)>
Published in: Business
North Carolina’s fracking board is considering what its members say
would be among the nation’s strictest rules governing shale gas
exploration as the panel delves into the arcana of updating the state’s
1940s-era energy regulations.
The N.C. Mining & Energy Commission completed two days of meetings
Friday and expects to continue discussions in March about requirements
for chemical disclosures, water testing and wastewater disposal by
exploration and drilling companies.
Those have been some of the most contentious issues related to fracking
in other states, where the practice has been blamed for drinking water
contamination, chemical spills and other problems.
Commissioner George Howard said the board could vote as early as March
8 on the first of the proposed rules, but other members said they’re not
that optimistic they will be ready.
“We’re trying to come up with the toughest reasonable laws,” Howard
said. “We’re cherry-picking the best laws out there.”
The commission, formed last summer by the state legislature, is still
getting its sea legs on the issue. During Friday’s public meeting,
several members spent more than a half-hour in a meandering discussion
about the uneven quality of media coverage of their work and about
whether they should hire a press secretary. Several voiced frustration
about uninformed, emotional comments from the public at previous
workshops. No members of the public made comments Friday.
Fracking is an industry term for hydraulic fracturing of shale rock
with high pressure water and chemicals to release natural gas trapped
inside the prehistoric formations. The technology remains controversial
and won’t be legal in this state until the commission writes about 100
regulations to govern the practice, and the state legislature signs off
on the regulatory program.
The commission has a deadline of October 2014 to complete its task. It
will develop rules on well casings and property owners’ rights, among a
host of legal and environmental issues. A similar process in New York
state took about three years. That state currently has a moratorium on
fracking.
The board has begun discussing what its members say would be the most
stringent standard in the nation for well water testing before drilling
and fracking could get under way. It is proposing that a drilling
company, at its own expense, test every water source within 5,000 feet
of a natural gas wellhead.
Other states generally require testing within 1,000 or 2,000 feet, said
Hannah Wiseman, a law professor at Florida State University who tracks
fracking laws and rules.
North Carolina’s testing standard, if approved, would require drillers
to test about a dozen wells, based on well density averages in
northwestern Lee County, which is believed to be the epicenter of the
state’s shale gas reserves.
A thorough laboratory water content analysis could cost more than
$2,000 per well, said Melinda Chapman, a hydrologist with the U.S.
Geological Survey’s Raleigh office. The agency tested 56 local private
wells last year and had to use eight different labs to analyze the water
samples.
Commissioner Amy Pickle said the 5,000-foot testing distance is just
one of several factors. Another important issue the commission will have
to decide is what constituents it will require testing for.
Commissioner Howard said the board also will discuss injecting tracers
into fracked gas wells to help determine whether the wells are leaking
chemicals and methane gas. He said the commission is guided by the state
law passed last summer that holds drillers responsible for any water
contamination within 5,000 feet of a wellhead unless they can prove
otherwise.
“The beauty of a presumptive liability law is that it protects
companies from paying for bad water they didn’t cause,” Duke University
environmental scientist Robert Jackson said. “It protects homeowners in
case their water quality changes.”
Duke University also has tested about 55 private wells in Lee County to
establish baseline quality measures. Duke’s testing analyzes the
presence of such metals as boron and arsenic, salts and methane gas,
such chemicals as benzene and toluene, as well as radioactive elements.
These are elements that are either injected into wells during fracking,
or elements agitated underground during the process and liable to flush
out of the well over time.
Energy law firm picks up DEP’s senior counsel
Posted: Jan 28, 2013 10:07 AM EST Updated: Jan 28, 2013 10:16 AM EST
By Taylor Kuykendall, Reporter
The senior counsel for the Department of Environmental Protection has
been hired by business law firm Lewis Glasser Casey & Rollins PLLC.
According to a news release from the law firm, Joseph Jenkins, as
senior counsel at the DEP, has successfully defended a challenge to
state notice, comment and appeal procedures for oil and gas well permits
and was actively involved in defending challenges to surface mining and
pollution discharge permits issued by the agency.
"As one of the premier energy law firms in the Appalachian Basin, we
wanted to enhance Lewis Glasser's full-service capabilities with Joe's
unique environmental law and regulatory knowledge," said Nick Casey,
managing member. "Joe's background in regulatory matters, litigation and
legislative rule-making will serve our clients well."
Jenkins also served as counsel to the West Virginia Senate Committees
on Energy, Industry and Mining and Transportation and Infrastructure
during the 2011 Legislative Session. The law firm said it is expanding
its energy practice, particularly in the natural gas sector.
"Joseph has joined the firm as an associate, and his practice focuses
mainly on energy and natural resources law, environmental law,
legislation, rule-making and litigation with an emphasis in oil and
natural gas, mining and quarrying, including SMCRA, Clean Water Act and
state and federal environmental permitting, compliance and enforcement,"
the news release stated.
The firm also "maintains an active government relations practice"
through LGCR Government Solutions LLC. The firm has offices in
Charleston, Morgantown and Ohio.
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Anyone interested? This is a great opportunity for a new volunteer to learn about these plants, just wander along and listen to PSC Staff and FE people ask and answer questions. No time is listed, but I suspect it would be mid-day-ish, and you would want to contact Gary Jack (below) to confirm time and directions.
Jim Kotcon
>>> Mark Kresowik <mark.kresowik(a)sierraclub.org> 1/25/2013 4:25 PM >>>
I think it'd be a good idea to have someone there.On Jan 25, 2013 4:…
[View More]23 PM, "Zachary Fabish" <zachary.fabish(a)sierraclub.org> wrote:
See below. Anybody interested in visiting the plants?
-Zack
---------- Forwarded message ----------
From: <gjack(a)firstenergycorp.com>
Date: Fri, Jan 25, 2013 at 4:16 PM
Subject: Gen Transfer Case --- Power Plant Visits
To: jauville(a)psc.state.wv.us, william.depaulo(a)gmail.com, jroberts(a)cad.state.wv.us, sriggs(a)spilmanlaw.com, pmaroney(a)mwwplaw.com, scott.j.rubin(a)gmail.com, zachary.fabish(a)sierraclub.org, mbecher(a)appalmad.org, dhanna(a)hannalawpllc.com, dwilliamson(a)spilmanlaw.com
Cc: ccallas(a)jacksonkelly.com, gblanke(a)firstenergycorp.com
All:
PSC Staff engineers have requested we arrange power plant visits for them at Pleasants and Harrison. We have arranged to have power plant tours for Pleasants on Wednesday, January 30th and for Harrison on Monday February 4.
Anyone else is welcome to attend. If you plan to attend, please let me know. Thanks.
Gary A. Jack
Senior Corporate Counsel
FirstEnergy
5001 NASA Blvd.
Fairmont, WV 26554
Phone: 304-534-7409 ( tel:304-534-7409 )
Internal: 333-7409 ----------------------------------------- The information contained in this message is intended only for the personal and confidential use of the recipient(s) named above. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately, and delete the original message.
--
Zachary M. Fabish
Staff Attorney
50 F Street, NW - 8th Floor
Washington, DC 20001
(202) 675-7917
(202) 547-6009 (fax)
zachary.fabish(a)sierraclub.org
CONFIDENTIAL LEGAL COMMUNICATION/WORK PRODUCT
This e-mail may contain privileged and confidential attorney-client communications and/or confidential attorney work product. If you receive this e-mail inadvertently, please notify me and delete all versions on your system. Thank you.
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To the Energy Committee
Please pardon any duplicate messages.
We currently have this address for you as part of our Energy committee list, but it is a new year and time to update our Committee roster.
If you are interested in continuing to be active on the Chapter Energy Committee, please respond affirmatively. We also would like contact info and a phone number for more urgent actions. If you can not commit to an active role tight now, please let us know that too.
The Chapter is …
[View More]launching a major campaign on energy efficiency, and we will be calling on active members to write letters, make phone calls, and meet with public officials to encourage more energy efficiency in west Virginia.
Right now, we have a target of opportunity with state utilities who have filed petitions with the WV Public Service Commission to acquire some used coal-fired power plants from Ohio affiliates (total cost ~$2.5 billion). We will be urging people to ask that the PSC require the utilities invest in energy efficiency instead of more coal-fired power plants. So West Virginia is facing a choice in the next couple months between continued intensification of our reliance on coal versus shifting toward a clean, energy efficient future.
An Energy Committee conference call will be held next Thursday, Jan. 31, at 7 PM and we would like to get all active members of the committee to join in to help plan and execute this campaign.
Jim Kotcon
Chapter Conservation Chair
304-293-8822 (office)
304-594-3322 (home)
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Fracking Industry Goes After Promised Land Film
[image: Image of Promised Land poster]Before Gus Van Sant's latest film
Promised Land even premiered, the energy industry was up in arms, gearing
up to counter the film's apparent anti-fracking stance with a barrage of
"community" responses (read: thinly veiled corporate PR). James Schamus,
chief executive of Focus Features the distributor of the film, expressed
shock about the attacks on Promised Land: "We've been surprised at the
emergence of …
[View More]what looks like a concerted campaign targeting the film even
before anyone's seen it." With blogs, astroturf websites, Facebook pages,
internet ads, and theater ad buys in advance of the movie, the industry is
working hard to spin the conversation in a more fracking-friendly direction.
Read more<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=nUCyXR%2FfF%2BEo45Pb…>
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
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Analysis of fracking wastewater yields some
surprises<http://feedproxy.google.com/~r/sciencedaily/top_news/top_environment/~3/U96…>
Posted: 22 Jan 2013 07:21 AM PST
Hydraulically fractured natural gas wells are producing less wastewater per
unit of gas recovered than conventional wells would. But the scale of
fracking operations in the Marcellus shale region is so vast that the
wastewater it produces threatens to overwhelm the region's wastewater
disposal capacity, according to new …
[View More]analysis.
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
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In addition to the LNG export sign-on letter, i urge each of you to comment individually. Click below.
Jim Kotcon
>>> Deb Nardone <deb.nardone(a)sierraclub.org> 1/17/2013 3:15 PM >>>
Team WV,
An extremely important deadline is approaching. With the Dept. of Energy (DOE) considering exporting up to 40% of current US gas production through 19 different LNG export terminals, your voice couldn't be more important than now. Exporting even a fraction of that gas will …
[View More]have significant negative impact on our communities, the environment, and our climate. Yet, DOE has failed to seriously analyze these impacts. With the most recent economic study being completed, DOE is now accepting comment on this seriously flawed report, which fails to consider the lasting impacts exports will cause.
Please consider taking action, then help spread the word! We have until January 24th to flood the Dept. of Energy with comments.
Thank you for all you do!
Deb
TAKE ACTION LINK
Dear Friend,
Tell DOE Secretary Chu to go back to the drawing board and look at how exporting fracked gas could hurt our communities.
Would you hire a consulting firm with strong fossil fuel industry ties to study whether or not exporting fracked gas is a good idea? The Department of Energy (DOE) did just that, and you probably won't be surprised by the industry-friendly results.
This report has more holes than a block of swiss cheese, focusing on how the natural gas industry and the wealthiest people in our country will profit. The costs to our communities -- air and water pollution, environmental destruction, lost jobs, climate disruption and even increased energy costs -- are completely ignored or dismissed as unimportant to big business. Will you help get 10,000 letters by Friday to DOE Secretary Steven Chu telling him he needs to look at the full effects on our communities before any decision can be made?
Send your letter today. Tell Secretary Chu not to make any decisions about the future of exporting fracked gas without looking at the whole picture.
If Secretary Chu plans to consider exporting natural gas, then we deserve a study with the real numbers, the real costs, and all of the real facts. Allowing the natural gas industry to frack even more and export this fossil fuel without considering the harm to our communities is unacceptable.
Tell Secretary Chu you want the real story about how more fracking and exporting natural gas will impact you and your community.
Thanks for all you do to protect the environment,
Deb Nardone
Director, Beyond Natural Gas Campaign
Sierra Club
P.S. Please share this email with friends and family, and help get 10,000 letters to Sec. Chu by Friday!
--
Deborah J. Nardone, Director
Beyond Natural Gas Campaign
Sierra Club
O: 814-308-9767
C: 814-932-6668
--
Deborah J. Nardone, Director
Beyond Natural Gas Campaign
Sierra Club
O: 814-308-9767
C: 814-932-6668
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it would be nice to have more of a lead time on these announcements, fyi,
paul
---------- Forwarded message ----------
From: Jennifer Miller <jen.miller(a)sierraclub.org>
Date: Mon, Jan 7, 2013 at 1:54 PM
Subject: [Coal Volunteers List] Fwd: Webinar Invite: Going Local:
Efficiency for Local Governments & Muni Utilities
To: coal-volunteers-list(a)sierraclub.org
Going Local: Efficiency for Local Governments & Muni Utilities Join us for
> a Webinar on January 23 @ 3PM EST OR …
[View More]7PM EST
>
> Updating streetlights, greening government buildings, and improving waste
> water treatment facilities are surefire ways for local governments to
> reduce energy waste, cut pollution from dirty energy, and to protect
> taxpayers from high energy bills, making more room in the budget for city
> services like schools and parks. Experts at the American Council for an
> Energy Efficient Economy will highlight a number efficiency opportunities
> for local governments and tools that activists can use to help push city
> and county governments to prioritize efficiency.
>
> There are a number of Municipal Utilities making strides in energy
> efficiency across the country. Our guests will also highlight some best
> practices for Municipal Utilities as well as tools activists can use to
> promote efficiency by Munis.
>
> *For the 3PM EST webinar, please register by clicking this link:*
> https://www4.gotomeeting.com/register/972661567
> *
> *
> *For the 7PM EST webinar, please register by clicking this link: *
> https://www4.gotomeeting.com/register/770729543
> After registering you will receive a confirmation email containing
> information about joining the Webinar.
>
> *System Requirements*
> PC-based attendees
> Required: Windows® 7, Vista, XP or 2003 ServerMac®-based attendees
> Required: Mac OS® X 10.5 or newer
> Mobile attendees
> Required: iPhone®, iPad®, Android™ phone or Android tablet
>
> --
>
> Jen Miller
>
> (614)563-9543
>
> Senior Campaign Representative for Energy Efficiency
>
> Sierra Club National Beyond Coal Campaign
> <https://www4.gotomeeting.com/register/770729543>
>
>
>
>
>
>
>
>
>
> --
>
> Jen Miller
>
> (614)563-9543
>
> Senior Campaign Representative for Energy Efficiency
>
> Sierra Club National Beyond Coal Campaign
>
>
>
> pst....My work is now national in scope, but I'm still based in Columbus,
> Ohio (the Eastern Time Zone)!
>
>
>
--
*Conservation Chair, Southern Nevada Group of the Sierra Club*
*Energy Chair, Toiyabe Chapter of the Sierra Club*
*
*
*Once you choose hope, anything's possible. -- Christopher Reeve*
--
Jen Miller
(614)563-9543
Senior Campaign Representative for Energy Efficiency
Sierra Club National Beyond Coal Campaign
pst....My work is now national in scope, but I'm still based in Columbus,
Ohio (the Eastern Time Zone)!
--
Jen Miller
(614)563-9543
Senior Campaign Representative for Energy Efficiency
Sierra Club National Beyond Coal Campaign
pst....My work is now national in scope, but I'm still based in Columbus,
Ohio (the Eastern Time Zone)!
--
To access the Beyond Coal Campaign Resource Portal, go to:
https://sites.google.com/a/sierraclub.org/beyond-coal-resource-portal/
---
You received this message because you are subscribed to the Google Groups
"#Coal-Volunteers" group.
To post to this group, send email to coal-volunteers-list(a)sierraclub.org.
To unsubscribe from this group, send email to
coal-volunteers-list+unsubscribe(a)sierraclub.org.
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
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Anyone want to reply?
JBK
>>> Betty Wiley <betty.w304(a)gmail.com> 1/18/2013 10:11 AM >>>
Jim, see the message below from Craig Segall, attorney working for Sierra Club apparently. He seems in a hurry for information and then says he checks email infrequently and to call him for a quick reply. I would interpret that as a poor way to get responses.
Betty Wiley
On Thu, Jan 17, 2013 at 12:19 PM, Craig Segall - Sierra <craig.segall(a)sierraclub.org> wrote:
Hi …
[View More]all,
We're working on comments on DOE's LNG export study. I'd like to raise the costs experienced by gas field communities in partial response. If folks can point me towards the latest, greatest studies on community impacts and on the treatment costs for gas wastes, I'd very much appreciate it.
Thanks!
Craig
--
I check email infrequently. Please call me if you need a quick reply.
Craig Segall
Staff Attorney
Sierra Club Environmental Law Program
50 F St NW, Eighth Floor
Washington, DC 20001
(202)-548-4597 ( tel:(202)-548-4597 )
(202)-547-6009 ( tel:(202)-547-6009 ) (fax)
Craig.Segall(a)sierraclub.org
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See article below on McKinley's carbon tax resolution. The reporter, David Beard, has asked to do a follow-up interview for a series on shale gas and fracking. Anyone want to chime in?
JBK
P.S. The only error Beard made was describing the spending on SuperStorm Sandy as "millions". The correct figure is "billions".
McKinley reintroduces resolution on a national carbon tax
sec=news;pos=top;sz=160x600;tile=2;ord=88732447;abr=!ie;abr=!aol"sec=news;pos=top;sz=160x600;tile=2;ord=88732447;…
[View More]abr=!ie;abr=!aol" width="160" height="600" border="0"> </a>
Copyright (C) 2013, The Dominion Post, Morgantown, W.Va. Jan 17, 2013 --
Rep. David McKinley, R-W.Va., has reintroduced his November resolution proposing to express Congress' opposition to a national carbon tax on fossil fuels.
"A carbon tax would increase the cost of everything from driving a car to heating and cooling a home," he said in a Wednesday release. "It would be especially burdensome on middle class Americans and prevent our economy from recovering. Raising taxes on everyone from manufacturers to homeowners is not the way to improve our economy and Congress should reject this idea."
McKinley introduced the resolution -- House Concurrent Resolution 8 -- on Tuesday.
There is no active pro-carbon tax bill in Congress. The Library of Congress shows the most recent was the Save Our Climate Act of 2011, sponsored by Rep. Pete Stark, D-Calif. It proposed an annual excise tax on carbon-based fuels -- including coal, natural gas ( http://futures.tradingcharts.com/chart/NG_/M ) and petroleum -- until carbon dioxide emissions for a calendar year would not exceed 20 percent of the level of emissions for calendar year 1990. This bill died in the Ways and Means Committee.
A carbon tax advocacy group, the Carbon Tax Center, sees the tax as a kind of economic sanction to force social and technological change. It says such a tax will reduce the use of fossil fuels and their attendant emissions of carbon dioxide. By driving the costs up, the tax will force energy suppliers to seek other forms of fuel. And it will force consumers to use lower-carbon products -- including home energy and vehicle fuels -- to save money.
Sources speaking on background told The Dominion Post the White House has no plans to propose a carbon tax.
White House Regional Communications Director Keith Maley said in an email exchange, "The President has made clear that he believes that climate change is real, that it is impacted by human activity and that we must continue to take steps to confront this threat. In the President's first term the administration has taken historic action including proposing the first national standard for harmful carbon pollution from new power plants, as well as establishing unprecedented standards for cars and trucks that will slash emissions of carbon pollution while, at the same time, saving consumers billions of dollars at the pump. The President has made clear that his administration will continue to build on this progress and climate change will be a priority in his second term."
HCR8 is identical to McKinley's November resolution and is before the House Committee on Ways and Means. McKinley is a member of the House Energy and Commerce Committee, and Energy Chairman Rep. Fred Upton, R-Mich., and Chairman Emeritus Rep. Joe Barton, R-Texas, are co-sponsors.
McKinley's West Virginia colleagues, Democratic Rep. Nick Rahall and Republican Rep. Shelley Moore Capito, are also cosponsors.
McKinley said again, "Given our current economic climate, this is the worst time to implement another tax on coal, oil ( http://futures.tradingcharts.com/chart/CL_/M ) and gas -- industries that fuel our economy. Affordable and abundant electricity ( http://futures.tradingcharts.com/chart/JM/M ) from coal and natural gas ( http://futures.tradingcharts.com/chart/NG_/M ) is essential to our way of living and a carbon tax would increase the cost of electricity ( http://futures.tradingcharts.com/chart/JM/M ) and put a financial burden on American families."
McKinley's resolution notes several problems with such a tax, among them:
A carbon tax will have a dramatic, immediate impact on transportation costs, with the greatest impact being felt by low-income Americans and their families who already spend the largest share of their income on energy and are least able to afford a carbon tax.
A carbon tax is designed to result in substantial, immediate increases in the price of electricity, making electricity ( http://futures.tradingcharts.com/chart/JM/M ) less affordable for millions of Americans.
A carbon tax would be punitive and harmful to the American people by artificially raising electricity ( http://futures.tradingcharts.com/chart/JM/M ) costs.
A carbon tax will drive the unemployment rate even higher.
A carbon tax is likely to have an uneven effect, hitting different regions of the country and segments of the economy much more severely than others.
A carbon tax will have no impact on China, India, and other major sources of carbon emissions throughout the world, except to put United States exporters at a competitive disadvantage by increasing domestic manufacturing production costs.
McKinley's is the first anti-carbon tax resolution of the new Congress, the 113th. There were two others, along with McKinley's in the 112th. Rep. Mike Pompeo, RKan., introduced HCR 144 in December. It had five bullet points, compared to McKinley's 10. Capito also co-sponsored this one. Pompeo is a co-sponsor of HCR8.
On the Senate side, Sen. David Vitter, R-La., introduced a twin to HCR 144 in December.
According to reports, a carbon tax has virtually no chance of moving forward in the House. The conservative group Americans for Prosperity reported last July that the entire House GOP leadership team has signed its "No Climate Tax" pledge.
Sierra Club West Virginia Chapter Energy Committee Chairman Jim Kotcon said of the resolution, "We certainly understand his concern about the economic impact of a carbon tax on West Virginia. But Congressman McKinley has to recognize that West Virginia is already paying for climate change."
He cited the millions spent on Superstorm Sandy recovery and more millions on other extreme weather events across the state.
Real costs ensue from dependence on fossil fuels, Kotcon said, and Republicans should be finding new ways to address climate change. "And it is important we start immediately. If not a carbon tax, what will we do?"
Kotcon said no single method can address climate change. We need to send the right market signal regarding carbon dioxide emissions, but in a way that provides economic justice for West Virginians.
Energy efficiency is important, he said. "A more efficient economy has got to be good for business." And promoting clean sources -- solar, wind and biomass fuels -- will help begin the transition from rapidly depleting fossil fuels.___ (c)2013 The Dominion Post (Morgantown, W.Va.) Visit The Dominion Post (Morgantown, W.Va.) at www.dominionpost.com Distributed by MCT Information Services
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