MVCAC March 2007

mvcac@lists.osenergy.org

3 participants
8 discussions

Search for New W.V.U. President
by duane330＠aol.com 26 Mar '07

26 Mar '07

RE: SEARCH FOR NEW W.V.U. PRESIDENT................ FROM: Duane Nichols, B.S.Ch.E. 1959. NOTE: You can send your comments as correspondence to the following email address, to which everything sent will be provided to the Search Committee: PresidentSearch(a)mail.wvu.edu If you would prefer a hard copy address, you can send to: WVU Board of Governors, c/o Board Secretary, West Virginia University, PO Box 6201, Morgantown, WV 26506. Profiles of the 3 finalists for president of WVU The Dominion Post Daniel Bernstine Daniel Bernstine, 59, has been president of Portland State University since August 1997. Portland State has about 24,000 students, 2,049 faculty, a budget of $429.7 million, and research expenditures of $40 million, according to the PSU Web site. Before coming to PSU, Bernstine served as dean of the University of Wisconsin Law School from 1990-’97. He served as general counsel of Howard University from 1987-’90 and also as the interim dean of Howard University Law School from 1988-’90. Bernstine graduated from the University of California at Berkeley with a B.A. degree in 1969, from the Northwestern University School of Law with a J.D. degree in 1972, and received his LL.M. degree from the University of Wisconsin Law School in 1975. He received Honorary Doctor of Law degrees from Hanyang University, Seoul, Korea, in 1999, and from Waseda University, one of the top two private universities in Japan, in 2003. Bernstine was awarded an Honorary Doctor of Human Letters degree from Nizhny Novgorod Linguistic University, in Russia, in 2004. In 2005, Bernstine was awarded the Michael P. Malone International Leadership Award in recognition of his work in internationalization in higher education. He was given the International Citizen Award by the Oregon Consular Corps in 2004. >From 1972-’73, Bernstine was a staff attorney with the Office of the Solicitor at the U.S. Department of Labor, and from 1974-’75, he was the William H. Hastie Teaching Fellow at the University of Wisconsin Law School. From 1975-’78, Bernstine was assistant professor at Howard University Law School. He joined the University of Wisconsin Law School faculty in 1978 and was on leave from Wisconsin while serving as general counsel and interim law school dean at Howard. Among other schools, Bernstine has been a visiting law professor at the Inter-American Comparative Law Institute at the University of Havana Law School, in Havana, Cuba, and Justus-Liebig-Universitat in Giessen, Germany. He has served as a member of the National Conference of Bar Examiners Multi-State Torts Drafting Committee and the American Law Institute. He has served on the Association of American Law Schools Committee on Accreditation, and the Supreme Court of Wisconsin Board of Bar Examiners. Bernstine has also been involved in Portland organizations such as the United Way of Columbia-Willamette. According to the Chronicle of Higher Education, Bernstine’s annual salary is about $340,000. He also receives about $50,000 toward his retirement. His total compensation is $390,000. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Mike S. Garrison Mike Garrison, 38, a native of Fairmont and the only finalist working in West Virginia, resigned Wednesday as chair of the Higher Education Policy Commission, a position he was named to in July 2006. The commission is responsible for developing, establishing and overseeing the implementation of a public-policy agenda for the state’s fouryear colleges and universities — including WVU. State law would have required Garrison to step down as chair if he was named WVU president. Garrison said he resigned prior to this week’s announcement that he is a candidate to avoid the appearance of any impropriety. According to the state Auditor’s Office, Garrison received no state salary for this job. He is a lawyer and the managing partner for the Morgantown office of Spilman, Thomas and Battle, PLLC, which has offices in West Virginia, North Carolina and Pennsylvania. Garrison is registered as a lobbyist with the West Virginia Secretary of State’s office. His clients include companies in the Morgantown area such as Mylan Laboratories and Platinum Properties. Two members of the WVU Board of Governors are on the board of directors at Centra Bank, another of Garrison’s clients. Garrison received a bachelor’s degree in political science and English literature from WVU in 1992. He served his alma mater as student body president. Garrison spent a year in England as a Rotary Scholar at Oxford, then returned to Morgantown to attend the WVU College of Law, which he graduated from in 1996. He teaches “Politics in West Virginia” at the university, though he is not teaching this semester. Garrison said he does not draw a salary for teaching this course. Garrison’s public service experiences include work as a legislative assistant for both Sen. Robert C. Byrd, D-W.Va., and Rep. Alan B. Mollohan, D-W.Va. Garrison was a member of former Gov. Bob Wise’s administration when he was appointed cabinet secretary of the Department of Tax and Revenue, in January 2001. In May 2001, Garrison became the governor’s chief of staff, a position he held until October 2003. Wise later appointed him to serve as a member of the commission in 2003. Garrison was a member of Joe Manchin’s transition team when he was elected West Virginia governor, in 2004. Garrison is active on many boards and associations related to the university. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< M. Duane Nellis Nellis, 52, became Kansas State University’s provost in June 2004, after serving for seven years at WVU as dean of the Eberly College of Arts and Sciences. As provost, Nellis serves as chief academic officer of Kansas State, which has more than 23,000 students, 1,500 faculty, a budget of more than $683 million and research funding that exceeds $197 million. Nellis said he earns $220,000 a year as provost. Nellis also serves as a representative of the president and in place of the president during his absence. At WVU, Nellis led a capital fundraising campaign, oversaw the planning and construction of a $50 million Life Sciences building, and established a new Center for Writing Excellence and a Math Learning Institute. Nellis completed his Ph.D. in geography from Oregon State University in 1980 and accepted his first academic appointment at KSU. Prior to his departure in 1997 for WVU, Nellis served as head of Kansas State’s department of geography, and then senior associate dean of the College of Arts and Sciences, according to WVU News and Information Services. Nellis recently served as president of the Association of American Geographers, one of the largest professional geography organizations in the world. He is past president of the National Council for Geographic Education, past president of Gamma Theta Upsilon, the International Geographic Honor Society, past president of the Kansas Academy of Sciences, and serves as an executive committee member of the National Association of State Universities and Land Grant Colleges Chief Academic Officers. Nellis is recognized for his research using satellite data and geographic information systems to analyze various dimensions of the Earth’s land surface, according to WVU News and Information Services. This research has been funded by grants totaling more than $3 million from sources such as NASA and National Geographic Society. He has been recognized through numerous awards, such as being named a Fellow of the American Association for the Advancement of Science, National Honors from the Association of American Geographers and the AAG’s John Fraser Hart Award for Excellence in Research, At WVU, he received the Neil S. Bucklew Award for Social Justice in 2003 and the University’s Leadership Award for Safety in 2002. He is also an honorary member of Phi Beta Kappa and Golden Key National Honor Society. Nellis completed his undergraduate degree at Montana State University before pursuing his graduate work at Oregon State University. ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

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Re: [MVCAC] Appeal of Longview Air Quality Permit
by Bill Reger-Nash 24 Mar '07

24 Mar '07

Thank you, Duane, Phil, and the many others working so diligently on our behalf. The health and public health implications of this proposed antiquated monstrosity are monumental. Where and when will it ever end? Bill and Jan Reger-Nash WV Walks - 30 minutes or more daily Feel the power of half an hour! Bill Reger-Nash, Ed.D Professor of Community Medicine West Virginia University School of Medicine Morgantown WV 26506-9190 Phone: 304/293-0763 Fax: 304/293-6685 Dept. web page: http://www.hsc.wvu.edu/som/cmed BRN's web page: http://www.hsc.wvu.edu/som/cmed/wreger/ >>> <Duane330(a)aol.com> 03/23/07 6:08 PM >>> Appeal of Longview Air Quality Permit Today, March 23, 2007, a Complaint was filed in the U.S. District Court in Clarksburg laying out the fact that the Air Quality Permit R14-0024 actually expired on September 2, 2004 and that the actions of Longview attempting to renew this permit since that time have not been valid or legal. This Appeal No. 1:07 cv 41 is shown below and is attached as a Microsoft Word document. This Appeal will be the subject of a Hearing before Judge Irene Keeley in Clarksburg within a few weeks. The attached Appeal was submitted by Jarrett F. Jamison III, the Fort Martin Community Association, and the Forks of Cheat Forest Property Owners Association. These same Plaintiffs filed an Appeal with regard to this same Air Quality Permit in 2004, viz. Appeal No. 04-02-AQB, before the WV Air Quality Board. That Appeal contested the procedures used to prepare the Permit as issued on March 2, 2004, especially with regard to the lost transcript of a Public Hearing held in Morgantown. That Appeal was subsequently turned down by the Air Quality Board, by the Kanawha County Circuit Court, and by the WV Supreme Court of Appeals. Mr. Jarrett F. Jamison III is a resident of the Fort Martin Community and a professional electrician with experience in power plant construction. The Fort Martin Community Association includes families of the area within which the proposed Longview power plant is to be constructed, where already the noise and adverse safety conditions from truck traffic is severe, and where the levels of pollutants from the existing Ft. Martin power plant are the greatest. The Forks of Cheat Forest became an Intervenor in these proceedings because (a) an obligation exists to preserve and protect the Nature Preserve that surrounds the properties, and (b) the Forks of Cheat Forest is directly downwind of the Ft. Martin power plant as well as the proposed Longview power plant, given the direction of the prevailing winds, and subject to the air pollutant effects on the health of our residents including children and senior citizens. The aesthetic effects of steam plumes from the evaporation of approximately 4,000 gallons per minute of water in up to 20 cooling towers of the Longview plant has also been of concern, given its location on the ridge overlooking the Monongahela River valley. It has also been pointed out to the WV Division of Air Quality that the 14,000 tons per day of carbon dioxide that will issue from the Longview plant will contribute greatly to the greenhouse gas inventory of our atmosphere. Note-- A similar Complaint was filed earlier this year and was the subject of a Hearing before Judge Keeley on February 23rd. This earlier Complaint was subsequently modified, at the suggestion of the Judge, and then it was withdrawn so that it could be rewritten in order to frame the legal argument more accurately. The legal work is being done by the lawyer Phillip D. Gaujot, with advice and consultation provided by a legal entity that specializes in the U. S. Clean Air Act. These legal services are being provided pro bono (at no charge), in the public interest. A filing fee of $350 is being shared among the Plaintiffs. If any questions arise, please send an email to _duane330(a)aol.com_ (mailto:duane330@aol.com) . 00 to 695 MW and increase the water usage to 5,600 gallons per minute via a "waiver" from the WV Public Service Commission, without presenting full information as to the increased environmental impacts to the PSC or the public. This "waiver" has been appealed to the WV Supreme Court of Appeals by Barbara Born, et.al., a group that includes a number of residents of Monongalia County plus three non-profit organizations (the Cheat Lake Environment And Recreation Association [CLEAR], the Citizens for Alternatives to Longview [CALP], and the Citizens for Responsible Development). The initial Hearing on this waiver appeal is set for April 18th in Charleston. Note -- The NPDES ("storm water and waste water") permit for the Longview plant was granted by the WV Department of Environmental Quality on October 16, 2006. This Permit WV0116238 was appealed by the Fort Martin Community Association on November 14, 2006, as Appeal No. 06-31-EQB before the WV Environmental Quality Board (EQB). Two days of Hearings have been held in Charleston. Initial Briefs are due from the parties to this Appeal on or near April 30th, and then Rebuttal Briefs will be filed on or near May 15th. The EQB will then render a decision. It is claimed that Longview did not provide accurate and complete information in the permit application and that the WV-DEP did not follow systematic or proper procedures in granting the permit; and, that the permit violates the public interest and needs to be voided. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA (CLARKSBURG) Jarrett F. Jamison III, ) Fort Martin Community Association and ) Forks of Cheat Forest Property ) Owners Association, ) ) Plaintiffs, ) ) ) ) Civil Action No. 1:07 cv 41 vs. ) ) ) ) Longview Power, LLC, ) Defendant. ) ) ) ) ) ) COMPLAINT ________________________________________________________________________ Plaintiffs, Jarrett F. Jamison III, Fort Martin Community Association and Forks of Cheat Forest Property Owners Association, allege as follows: INTRODUCTION 1. Plaintiffs, Jarrett F. Jamison III, Fort Martin Community Association and Forks of Cheat Forest Property Owners Association, bring this citizen suit against Defendant Longview Power, LLC, a Delaware limited liability company; for declaratory and injunctive relief and the imposition of civil penalties under the Federal Clean Air Act (“the Act”), 42 U.S.C. §§7401-7671(q). This action seeks an order enjoining Defendant from constructing or proposing to construct a merchant power plant (“the Power Plant”) near Maidsville, in Cass District, Monongalia County, West Virginia without a valid Prevention of Significant Deterioration (“PSD”) permit. JURISDICTION AND VENUE 2. This citizen suit is brought pursuant to 42 U.S.C. §7604(a)(3). As such, this Court has subject matter jurisdiction of this action pursuant to 42 U.S.C. §7604(a) and 28 U.S.C. §§ 1331 and 1355. 3. Venue is proper in this District pursuant to 42 U.S.C. §7904(c)(1) because the Power Plant is located in this District. PARTIES 4. Plaintiff Jarrett F. Jamison III, is a resident of Cass District, Monongalia County, West Virginia. Fort Martin Community Association (hereinafter FMCA) and Forks of Cheat Forest Property Owners Association (hereinafter FOCF) are non-profit organizations consisting of residents of Monongalia County, West Virginia who live in close proximity to the proposed Power Plant. The associati natural environment. Plaintiff Jamison and the members of Plaintiff associations, own real estate, work, recreate, grow crops and study in and near areas affected by the proposed Power Plant. The air quality of these areas affects the recreational, aesthetic, and economic interests of Plaintiffs. The interests of Plaintiffs will be adversely affected by pollution from the Power Plant because the level of pollutants to be discharged from the proposed Power Plant will degrade air quality, injuring and/or damaging wildlife, vegetation, and real estate in areas used by Plaintiffs, and harm the aesthetic enjoyment of these areas by Plaintiffs. Construction of the proposed Power Plant without a valid PSD permit will also adversely affect the health of Plaintiffs. An order of this Court directing Defendant to procure a valid PSD permit prior to constructing the Power Plant will redress the injuries to Plaintiffs because of the recent significant advances in pollution control technologies that will be required under a new permit. 5. Defendant Longview Power, LLC is a Delaware for-profit limited liability company with its principal place of business located at 1040 Great Plains Avenue, Needham, Massachusetts. Longview was incorporated and became qualified to perform business in West Virginia on May 24, 2001. CLAIM FOR RELIEF DEFENDANT DOES NOT CURRENTLY HAVE A REQUIRED CONSTRUCTION PERMIT UNDER THE CLEAN AIR ACT 6. Plaintiffs, re-allege paragraphs 1 through 5 above as if fully alleged herein. 7. The Clean Air Act (“CAA” or “the Act”) is designed to protect and enhance the quality of the nation’s air. 42 U.S.C. § 7401(b)(1). One of the programs that the CAA established to achieve that goal is the Prevention of Significant Deterioration (“PSD”) Program. See 42 U.S.C. § 7401, et al. 8. In general, the PSD program imposes limitations on the ambient air quality impact of new major stationary sources and requires such facilities to install the “best available control technology” (“BACT”) for each pollutant subject to regulation under the Act that is emitted from, or that results from, such facilities. 42 U.S.C. § 7475(a)(4). 9. Under the PSD program, “no major emitting facility on which construction is commenced after August 7, 1977, may be constructed in any area to which [the PSD program] applies unless a permit has been issued for such proposed facility in accordance with this part setting forth emission limitations for such facility which conform to the requirements of this part [.]” 42 U.S.C. § 7475(a). 10. The U.S. EPA has delegated authority to the State of West Virginia to carry out the PSD program in that state. The West Virginia Department of Environmental Protection (DEP) is the agency responsible for administering the PSD program in West Virginia. DEP’s PSD regulations, which have been approved by the EPA and which are in effect as federal law in West Virginia’s State Implementation Plan under 42 U.S.C. § 7410, are contained in 47 CSR Part 14. 11. Under 47 CSR 14-7.1., no person may construct a major stationary source without a permit issued by DEP under that section. Under 47 CSR 14-8.2., the permitted source must install BACT to control regulated pollutants from the source. 12. The Power Plant is a major stationary source as defined in 47 CSR 14-2.43. 13. The Director of DAQ issued a PSD construction permit to an extension of the Permit to allow time for the issuance of the remaining pre-construction permits needed for the Project.” 19. By letter dated February 1, 2006, to Mr. Place, the Director of DAQ summarily granted a “…twelve-month extension of the deadline to commence construction authorized in the permit…” The letter did not give a specific time frame for thet such an extension. 20. West Virginia’s PSD regulations in 47 CSR Part 14, do not authorize DEP to extend the 18-month commencement period. 21. Defendant Longview Power, LLC, has entered into agreements with other companies for equipment and/or construction services for the proposed Power Plant, the details of which are unknown to the Plaintiffs. 22. The Director of DAQ refuses to suspend or revoke the permit granted to Longview Power, LLC granted on March 2, 2004. 23. Defendant Longview Power currently does not have a valid PSD construction permit for the Power Plant under the Clean Air Act, the West Vi rginia State Implementation Plan, and 47 CSR Part 14. 24. Any actions by Defendant to construct the Power Plant without a valid PSD construction permit violate the Clean Air Act and are subject to an injunction and the imposition of civil penalties under 42 U.S.C. §§ 7604(a) and 7413(b). 25. The violations herein are subject to enforcement by citizens. 42 U.S.C. § 7604(a),(f). WHEREFORE, Plaintiffs pray for the following relief: A. A temporary and permanent injunction requiring Defendant to stop actual construction activities of the Power Plant until Defendant has a valid PSD permit; B. A declaration that Defendant’s construction activities regarding the Power Plant after September 2, 2005 are illegal; C. An order requiring Defendant to pay a fine for each day that Defendant constructs or propose to construct the Power Plant without a valid PSD permit. See 42 U.S.C. §7604(a) and § 7413(b); D. An order requiring Defendant to pay the costs of litigation, including reasonable attorneys’ fees and expert witness fees; and E. All other relief the Court deems just and proper. Jarrett F. Jamison III Fort Martin Community Association Forks of Cheat Forest Property Owners Association / s / Phillip D. Gaujot __________________________________________ Phillip D. Gaujot (SB#1355) Counsel for Plaintiffs 445 Lakeview Drive Morgantown, WV 26508 (304) 594-3904 . ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Appeal of Longview Air Quality Permit
by Duane330＠aol.com 23 Mar '07

23 Mar '07

Appeal of Longview Air Quality Permit Today, March 23, 2007, a Complaint was filed in the U.S. District Court in Clarksburg laying out the fact that the Air Quality Permit R14-0024 actually expired on September 2, 2004 and that the actions of Longview attempting to renew this permit since that time have not been valid or legal. This Appeal No. 1:07 cv 41 is shown below and is attached as a Microsoft Word document. This Appeal will be the subject of a Hearing before Judge Irene Keeley in Clarksburg within a few weeks. The attached Appeal was submitted by Jarrett F. Jamison III, the Fort Martin Community Association, and the Forks of Cheat Forest Property Owners Association. These same Plaintiffs filed an Appeal with regard to this same Air Quality Permit in 2004, viz. Appeal No. 04-02-AQB, before the WV Air Quality Board. That Appeal contested the procedures used to prepare the Permit as issued on March 2, 2004, especially with regard to the lost transcript of a Public Hearing held in Morgantown. That Appeal was subsequently turned down by the Air Quality Board, by the Kanawha County Circuit Court, and by the WV Supreme Court of Appeals. Mr. Jarrett F. Jamison III is a resident of the Fort Martin Community and a professional electrician with experience in power plant construction. The Fort Martin Community Association includes families of the area within which the proposed Longview power plant is to be constructed, where already the noise and adverse safety conditions from truck traffic is severe, and where the levels of pollutants from the existing Ft. Martin power plant are the greatest. The Forks of Cheat Forest became an Intervenor in these proceedings because (a) an obligation exists to preserve and protect the Nature Preserve that surrounds the properties, and (b) the Forks of Cheat Forest is directly downwind of the Ft. Martin power plant as well as the proposed Longview power plant, given the direction of the prevailing winds, and subject to the air pollutant effects on the health of our residents including children and senior citizens. The aesthetic effects of steam plumes from the evaporation of approximately 4,000 gallons per minute of water in up to 20 cooling towers of the Longview plant has also been of concern, given its location on the ridge overlooking the Monongahela River valley. It has also been pointed out to the WV Division of Air Quality that the 14,000 tons per day of carbon dioxide that will issue from the Longview plant will contribute greatly to the greenhouse gas inventory of our atmosphere. Note-- A similar Complaint was filed earlier this year and was the subject of a Hearing before Judge Keeley on February 23rd. This earlier Complaint was subsequently modified, at the suggestion of the Judge, and then it was withdrawn so that it could be rewritten in order to frame the legal argument more accurately. The legal work is being done by the lawyer Phillip D. Gaujot, with advice and consultation provided by a legal entity that specializes in the U. S. Clean Air Act. These legal services are being provided pro bono (at no charge), in the public interest. A filing fee of $350 is being shared among the Plaintiffs. If any questions arise, please send an email to _duane330(a)aol.com_ (mailto:duane330@aol.com) . Note -- Longview has proposed to increase the power plant capacity from 600 to 695 MW and increase the water usage to 5,600 gallons per minute via a "waiver" from the WV Public Service Commission, without presenting full information as to the increased environmental impacts to the PSC or the public. This "waiver" has been appealed to the WV Supreme Court of Appeals by Barbara Born, et.al., a group that includes a number of residents of Monongalia County plus three non-profit organizations (the Cheat Lake Environment And Recreation Association [CLEAR], the Citizens for Alternatives to Longview [CALP], and the Citizens for Responsible Development). The initial Hearing on this waiver appeal is set for April 18th in Charleston. Note -- The NPDES ("storm water and waste water") permit for the Longview plant was granted by the WV Department of Environmental Quality on October 16, 2006. This Permit WV0116238 was appealed by the Fort Martin Community Association on November 14, 2006, as Appeal No. 06-31-EQB before the WV Environmental Quality Board (EQB). Two days of Hearings have been held in Charleston. Initial Briefs are due from the parties to this Appeal on or near April 30th, and then Rebuttal Briefs will be filed on or near May 15th. The EQB will then render a decision. It is claimed that Longview did not provide accurate and complete information in the permit application and that the WV-DEP did not follow systematic or proper procedures in granting the permit; and, that the permit violates the public interest and needs to be voided. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA (CLARKSBURG) Jarrett F. Jamison III, ) Fort Martin Community Association and ) Forks of Cheat Forest Property ) Owners Association, ) ) Plaintiffs, ) ) ) ) Civil Action No. 1:07 cv 41 vs. ) ) ) ) Longview Power, LLC, ) Defendant. ) ) ) ) ) ) COMPLAINT ________________________________________________________________________ Plaintiffs, Jarrett F. Jamison III, Fort Martin Community Association and Forks of Cheat Forest Property Owners Association, allege as follows: INTRODUCTION 1. Plaintiffs, Jarrett F. Jamison III, Fort Martin Community Association and Forks of Cheat Forest Property Owners Association, bring this citizen suit against Defendant Longview Power, LLC, a Delaware limited liability company; for declaratory and injunctive relief and the imposition of civil penalties under the Federal Clean Air Act (“the Act”), 42 U.S.C. §§7401-7671(q). This action seeks an order enjoining Defendant from constructing or proposing to construct a merchant power plant (“the Power Plant”) near Maidsville, in Cass District, Monongalia County, West Virginia without a valid Prevention of Significant Deterioration (“PSD”) permit. JURISDICTION AND VENUE 2. This citizen suit is brought pursuant to 42 U.S.C. §7604(a)(3). As such, this Court has subject matter jurisdiction of this action pursuant to 42 U.S.C. §7604(a) and 28 U.S.C. §§ 1331 and 1355. 3. Venue is proper in this District pursuant to 42 U.S.C. §7904(c)(1) because the Power Plant is located in this District. PARTIES 4. Plaintiff Jarrett F. Jamison III, is a resident of Cass District, Monongalia County, West Virginia. Fort Martin Community Association (hereinafter FMCA) and Forks of Cheat Forest Property Owners Association (hereinafter FOCF) are non-profit organizations consisting of residents of Monongalia County, West Virginia who live in close proximity to the proposed Power Plant. The associations were formed, in part, to preserve, protect, and enhance the natural environment. Plaintiff Jamison and the members of Plaintiff associations, own real estate, work, recreate, grow crops and study in and near areas affected by the proposed Power Plant. The air quality of these areas affects the recreational, aesthetic, and economic interests of Plaintiffs. The interests of Plaintiffs will be adversely affected by pollution from the Power Plant because the level of pollutants to be discharged from the proposed Power Plant will degrade air quality, injuring and/or damaging wildlife, vegetation, and real estate in areas used by Plaintiffs, and harm the aesthetic enjoyment of these areas by Plaintiffs. Construction of the proposed Power Plant without a valid PSD permit will also adversely affect the health of Plaintiffs. An order of this Court directing Defendant to procure a valid PSD permit prior to constructing the Power Plant will redress the injuries to Plaintiffs because of the recent significant advances in pollution control technologies that will be required under a new permit. 5. Defendant Longview Power, LLC is a Delaware for-profit limited liability company with its principal place of business located at 1040 Great Plains Avenue, Needham, Massachusetts. Longview was incorporated and became qualified to perform business in West Virginia on May 24, 2001. CLAIM FOR RELIEF DEFENDANT DOES NOT CURRENTLY HAVE A REQUIRED CONSTRUCTION PERMIT UNDER THE CLEAN AIR ACT 6. Plaintiffs, re-allege paragraphs 1 through 5 above as if fully alleged herein. 7. The Clean Air Act (“CAA” or “the Act”) is designed to protect and enhance the quality of the nation’s air. 42 U.S.C. § 7401(b)(1). One of the programs that the CAA established to achieve that goal is the Prevention of Significant Deterioration (“PSD”) Program. See 42 U.S.C. § 7401, et al. 8. In general, the PSD program imposes limitations on the ambient air quality impact of new major stationary sources and requires such facilities to install the “best available control technology” (“BACT”) for each pollutant subject to regulation under the Act that is emitted from, or that results from, such facilities. 42 U.S.C. § 7475(a)(4). 9. Under the PSD program, “no major emitting facility on which construction is commenced after August 7, 1977, may be constructed in any area to which [the PSD program] applies unless a permit has been issued for such proposed facility in accordance with this part setting forth emission limitations for such facility which conform to the requirements of this part [.]” 42 U.S.C. § 7475(a). 10. The U.S. EPA has delegated authority to the State of West Virginia to carry out the PSD program in that state. The West Virginia Department of Environmental Protection (DEP) is the agency responsible for administering the PSD program in West Virginia. DEP’s PSD regulations, which have been approved by the EPA and which are in effect as federal law in West Virginia’s State Implementation Plan under 42 U.S.C. § 7410, are contained in 47 CSR Part 14. 11. Under 47 CSR 14-7.1., no person may construct a major stationary source without a permit issued by DEP under that section. Under 47 CSR 14-8.2., the permitted source must install BACT to control regulated pollutants from the source. 12. The Power Plant is a major stationary source as defined in 47 CSR 14-2.43. 13. The Director of DAQ issued a PSD construction permit to Defendant Longview Power, LLC to Construct an Electric Power Generation Facility on March 2, 2004. 14. On August 4, 2004, Defendant Longview Power, LLC entered into a settlement agreement with certain parties who had appealed the granting of the permit to the West Virginia Air Quality Board. On the same day the settlement agreement was incorporated into a Consent Order of the Air Quality Board signed by the Chairman of the Board. The Consent Order added restrictions to the original permit. The Consent Order did not change the effective date of the permit entered on March 2, 2004. 15. Subsequently, the terms of the settlement agreement between Longview Power, LLC and the certain parties who had appealed the original granting of the permit, where incorporated into a revised permit, however, the “ effective date” was never changed from March 2, 2004. 16. By letter dated September 2, 2005, to counsel for the Defendant Longview Power, LLC, the Director of DAQ opined that the effective date of the “revised permit is August 4, 2004” but took no action to amend the permit. 17. Under 47 CSR 14-8.4., DEP’s BACT determination for a PSD permit must occur no later than eighteen months prior to construction of the project. Thus, 18 months after the permit is issued, the BACT determination expires, and the permit is no longer valid. In addition, 45 CSR 14-19.2., provides as follows: The Secretary shall suspend or revoke a permit if, after eighteen (18) months from the date of issuance the holder of the permit cannot provide the Secretary, at the Secretary’s request, with written proof of a good faith effort that such construction, modification, or relocation has commenced and remains ongoing. Such proof shall be provided not later than thirty (30) days after the Secretary’s request. 18. By letter dated January 5, 2006, Mr. Robert Place of Longview Power, LLC requested “…an extension of the Permit to allow time for the issuance of the remaining pre-construction permits needed for the Project.” 19. By letter dated February 1, 2006, to Mr. Place, the Director of DAQ summarily granted a “…twelve-month extension of the deadline to commence construction authorized in the permit…” The letter did not give a specific time frame for the extension and did not cite any authority to support such an extension. 20. West Virginia’s PSD regulations in 47 CSR Part 14, do not authorize DEP to extend the 18-month commencement period. 21. Defendant Longview Power, LLC, has entered into agreements with other companies for equipment and/or construction services for the proposed Power Plant, the details of which are unknown to the Plaintiffs. 22. The Director of DAQ refuses to suspend or revoke the permit granted to Longview Power, LLC granted on March 2, 2004. 23. Defendant Longview Power currently does not have a valid PSD construction permit for the Power Plant under the Clean Air Act, the West Vi rginia State Implementation Plan, and 47 CSR Part 14. 24. Any actions by Defendant to construct the Power Plant without a valid PSD construction permit violate the Clean Air Act and are subject to an injunction and the imposition of civil penalties under 42 U.S.C. §§ 7604(a) and 7413(b). 25. The violations herein are subject to enforcement by citizens. 42 U.S.C. § 7604(a),(f). WHEREFORE, Plaintiffs pray for the following relief: A. A temporary and permanent injunction requiring Defendant to stop actual construction activities of the Power Plant until Defendant has a valid PSD permit; B. A declaration that Defendant’s construction activities regarding the Power Plant after September 2, 2005 are illegal; C. An order requiring Defendant to pay a fine for each day that Defendant constructs or propose to construct the Power Plant without a valid PSD permit. See 42 U.S.C. §7604(a) and § 7413(b); D. An order requiring Defendant to pay the costs of litigation, including reasonable attorneys’ fees and expert witness fees; and E. All other relief the Court deems just and proper. Jarrett F. Jamison III Fort Martin Community Association Forks of Cheat Forest Property Owners Association / s / Phillip D. Gaujot __________________________________________ Phillip D. Gaujot (SB#1355) Counsel for Plaintiffs 445 Lakeview Drive Morgantown, WV 26508 (304) 594-3904 . ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Allegheny & AEP | more
by Duane330＠aol.com 18 Mar '07

18 Mar '07

ALLEGHENY to install scrubbers at Fort Martin Charleston Gazette, page 2-C, March 16, 2007. Maidsville --- Allegheny Energy Inc. has hired a contractor to install scrubbers to reduce pollution at its Fort Martin power station, the company announced this past Thursday. The Greensburg, Pa-based company signed the agreement with Washington Group International, which will install flue gas desulfurization systems, also called scrubbers, to reduce sulfur dioxide emissions at its Maidsville power plant. The project is expected to create 350 construction jobs, the company said in a new release. Other full-time jobs to operate and maintain the equipment will be created once construction is complete. "This project will bring cleaner air and more jobs to West Virginia, and allow us to use more locally sourced coal," Paul J. Evanson, chairman, president and chief executive officer of Allegheny Energy, said in the prepared statement. The state Public Service Commission has approved the company's plan to pay for the $550 million pollution control project. The company will sell $450 million worth of bonds and increase customer rates to repay them, Allegheny has said. The typical residential customer's bill of about $70 a month is expected to go up by about $3.50 a month. The installation of the scrubbers is scheduled to be completed in 2009. [NOTE: Allegheny Energy is planning to assemble scrubbers for the Hatsfield Ferry plant also at the Ft. Martin plant, then transport them via river barges downstream to the Hatsfield Ferry plant, opposite Masontown, Pa, which is just a few miles north of Pt. Marion. Work space at Hatsfield Ferry is limited. ] <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Alstom and American Electric Power sign agreement to bring C02 capture technology to commercial scale by 2011 Press Release for Alstom: 15 March 2007 Alstom, a full-service power industry services company based in France, and American Electric Power (AEP) today signed a Memorandum of Understanding to bring Alstom’s chilled ammonia process for CO2 capture to full commercial scale of up to 200 MW by 2011. This is a major step in demonstrating post-combustion carbon capture. The technology has the great advantage versus other technologies of being fully applicable not only for new power plants, but also for the retrofit of existing coal-fired power plants. The project will be implemented in two phases. In phase one, Alstom and AEP will jointly develop a 30 MWth product validation plant that will capture CO2 from flue gas emitted from AEP’s 1300 MW Mountaineer Plant located in New Haven, West Virginia. It is targeted to capture up to 100,000 tonnes of carbon dioxide (CO2) per year. The captured CO2 will be designated for geological storage in deep saline aquifers at the site. This pilot is scheduled for start-up at the end of 2008 and will operate for approximately 12-18 months. In phase two, Alstom will design, construct and commission a commercial scale of up to 200 MW CO2 capture system on one of the 450 MW coal-fired units at its Northeastern Station in Oologah, Oklahoma. The system is scheduled for start-up in late 2011. It is expected to capture about 1.5 million tonnes of CO2 a year, commercially validating this promising technology. The CO2 captured at Northeastern Station will be used for enhanced oil recovery. Alstom’s post-combustion process uses chilled ammonia to capture CO2. This process dramatically reduces the energy required to capture carbon dioxide and isolates it in a highly concentrated, high-pressure form. In laboratory testing sponsored by EPRI and others, Alstom’s process has demonstrated the potential to capture over 90% of CO2 at a cost that is far less expensive than other carbon capture technologies. The isolated CO2, once captured, can be used commercially or stored in suitable underground geological sites. Philippe Joubert, President of Alstom Power Systems, said: ”We are extremely proud that AEP has chosen Alstom’s clean coal technology for this major project. Our partnership with AEP will result in the world’s first clean coal power plant and will be applicable not only for new plants but also for existing power plants”. About Alstom Alstom sets the benchmark for innovative, environmentally friendly technologies in the world of power and rail transport infrastructure. Alstom built the fastest train and the highest capacity automated metro in the world, and provides turnkey integrated power plant solutions and associated services for a wide variety of energy sources, including hydro, gas and coal. The Group employs 60,000 people in 70 countries, and had sales of € 13.4 billion in 2005/06. Please contact ALSTOM at : 3 avenue André Malraux 92309 Levallois-Perret Cedex, France. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> We are indebted to Herman Rieke for the above Press Release, as his son-in-law is Vice President for the Alstom Power Division. Thank you very much, Herman. ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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AEP carbon dioxide control
by Duane330＠aol.com 17 Mar '07

17 Mar '07

AEP Endorses 'Path to Sustainability' Statement of the Global Roundtable on Climate Change COLUMBUS, Ohio, Feb. 20 /PRNewswire-FirstCall/ -- American Electric Power (NYSE: _AEP_ (http://studio.financialcontent.com/Engine?Account=prnewswire&PageName=QUOTE…) ) is one of more than 85 international companies and organizations who signed a statement released today that proposes a post-Kyoto framework for addressing global climate change. "The Path to Climate Change Sustainability: A Joint Statement by the Global Roundtable on Climate Change" puts forth principles for creating an effective global approach to climate policy. "AEP has been actively engaged in efforts aimed at successfully addressing global climate change since the early 1990s," said Michael G. Morris, AEP chairman, president and chief executive officer. "As we support the effort to develop a well-thought-out approach to carbon controls in the United States, we must remember that global warming is a global issue that will require a global solution. The joint statement of the Global Roundtable on Climate Change outlines the core aspects of a realistic global policy on climate change that will be critical for effectively stabilizing atmospheric levels of carbon dioxide while meeting the global need for energy, economic growth and sustainable development." Key principles in "The Path to Climate Change Sustainability" include: involving all significant sectors of the economy, including all major emitters of greenhouse gases, developing market-based emission reduction mechanisms with incentives for early action, and supporting energy efficiency and deployment of clean coal and carbon capture and storage technologies. Signing the joint statement also includes a commitment from AEP to continue its efforts to reduce and offset its greenhouse gas emissions, advance technology and work to increase public and industry understanding of both the risks of climate change and potential solutions. AEP has led the U.S. electric utility industry in taking action to reduce its greenhouse gas emissions. AEP was the first and largest U.S. utility to join the Chicago Climate Exchange (CCX), the world's first and North America's only voluntary, legally binding greenhouse gas (GHG) emissions reduction and trading program. As a member of CCX, AEP committed to gradually reduce, avoid or sequester its GHG emissions to 6 percent below the average of its 1998 to 2001 emission levels by 2010. Through this commitment, AEP will reduce or offset approximately 46 million metric tons of GHG emissions by the end of the decade. AEP is achieving its GHG reductions through a broad portfolio of actions, including power plant efficiency improvements, renewable generation such as wind and biomass co-firing, off-system GHG reduction projects, reforestation projects and the potential purchase of emission credits through CCX. AEP has already made efficiency improvements to its current generating fleet, retired inefficient generation, enhanced the performance of its nuclear generation and expanded its use of renewable generation. The company is one of the larger generators and distributors of wind energy in the United States, operating 310 megawatts (MW) of wind generation in Texas and purchasing an additional 373 MW of wind generation from wind facilities in Oklahoma and Texas. AEP also has invested more than $25 million in terrestrial sequestration projects designed to conserve and reforest sensitive areas and offset more than 20 million metric tons of carbon dioxide (CO2) over the next 40 years. Going forward, AEP is focused on developing and deploying new technology that will reduce the GHG emissions of future coal-fueled power plants. In August 2004, AEP was the first electric utility to announce plans to scale up Integrated Gasification Combined Cycle (IGCC) technology to build baseload, coal-fueled power plants with less environmental impact. AEP has initiated the regulatory approval process in Ohio and West Virginia to build one large, commercial-scale (629-MW) IGCC plant in each state. Both plants would be designed to accommodate retrofit of technology to capture CO2 emissions. A strong supporter of research to address GHG emissions from coal-fueled power generation, AEP is a member of the FutureGen Alliance, which, in conjunction with the Department of Energy, will build the world's first nearly emission-free plant to produce electricity and hydrogen from coal while capturing and permanently storing CO2 in geologic formations. Additionally, AEP's Mountaineer Plant in New Haven, W.Va., is the site of a $4.2 million carbon sequestration research project through which scientists from Battelle Memorial Institute are seeking to better understand the capability of deep saline aquifers for permanent and ecologically safe storage of carbon dioxide emissions from power plants. AEP is one of the largest electric utilities in the United States, delivering electricity to more than 5 million customers in 11 states. AEP ranks among the nation's largest generators of electricity, owning nearly 36,000 megawatts of generating capacity in the U.S. AEP also owns the nation's largest electricity transmission system, a nearly 39,000-mile network that includes more 765 kilovolt extra-high voltage transmission lines than all other U.S. transmission systems combined. AEP's utility units operate as AEP Ohio, AEP Texas, Appalachian Power (in Virginia and West Virginia), AEP Appalachian Power (in Tennessee), Indiana Michigan Power, Kentucky Power, Public Service Company of Oklahoma, and Southwestern Electric Power Company (in Arkansas, Louisiana and east Texas). The company is based in Columbus, Ohio. MEDIA CONTACT: Melissa McHenry Manager, Corporate Media Relations 614/716-1120 SOURCE American Electric Power >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Charleston Gazette. March 16, 2007 AEP to capture carbon at two plants, by Ken Ward Jr., Staff writer American Electric Power will begin to capture carbon dioxide emissions at two of its coal-fired power plants, including one in West Virginia, the company announced Thursday. AEP said it would perform an advanced test of new “carbon capture” technology next year at its Mountaineer Plant in New Haven, Mason County. When those tests are completed, AEP plans to deploy the equipment on a commercial scale at its Northeastern Station in Oologah, Okla. That project is scheduled for 2011. The projects mark the first large-scale use of technology that uses chilled ammonia to scrub carbon dioxide from power plant emissions. “With Congress expected to take action on greenhouse gas issues in climate legislation, it’s time to advance this technology for commercial use,” said Michael G. Morris, AEP’s chairman, president and chief executive. Carbon dioxide it the primary “greenhouse gas” that is building up in the atmosphere, trapping heat near the Earth, and warming the planet. Global warming could cause rising seal levels, unprecedented heat waves, floods, soil erosion, water shortages and other climate changes. In the U.S., power plants produce 5.8 billion tons of carbon dioxide a year, and account for 39 percent of nationwide carbon emissions. Just two months ago, AEP announced that it would delay for at least six months construction of two new coal gasification power plants in West Virginia and Ohio. The Columbus, Ohio-based utility cited increased cost estimates. Those two plants would use a process called Integrated Gasification Combined Cycle, or IGCC, which turns coal into a gas before it is burned. IGCC plants do not necessarily collect carbon emissions to keep them out of the atmosphere, and the AEP plants were not designed to do so. But their design makes it easier to retrofit them for such a process later. Still, the two projects announced Thursday would collect carbon dioxide emissions after coal is burned, while the IGCC plants would strip out the carbon gases before the coal is burned. Melissa McHenry, an AEP spokeswoman, said the company does not believe that IGCC plants can replace all existing coal-fired power plants anytime soon. So, she said, utilities need to examine ways to retrofit existing plants to capture carbon dioxide post-combustion. “We are focused on both technologies,” McHenry said. In the projects announced Thursday, chilled ammonia is used to scrub carbon dioxide from power plant flue gases. The carbon dioxide is compressed, and can be pumped underground for storage or to enhance oil recovery. The first project will test the method on a small emissions stream — representing about 30 megawatts of the plant’s total production of 1,300 megawatts — at the Mountaineer Plant, AEP said. This process should capture about 110,000 tons of carbon dioxide. In 2005, the Mountaineer Plant emitted a total of 9.3 million tons of carbon dioxide, officials said. Carbon dioxide captured from Mountaineer will be pumped underground nearby, as part of a continuing experiment on carbon sequestration being funded in part by the U.S. Department of Energy. The second project will install the carbon capture system on the entire 450-megawatt Northeastern Station in Oklahoma. There, carbon that is captured will be sold to oil companies, which will pump it underground to force out more oil and gas. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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National Children's Study gets funds
by Duane330＠aol.com 08 Mar '07

08 Mar '07

WHAT IS THE NATIONAL CHILDREN'S STUDY? The National Children's Study will examine the effects of environmental influences on the health and development of more than 100,000 children across the United States with the goal to improve their health and well-being. The study has designated 105 locations in the United States where it will recruit and enroll eligible participants, and track them from before birth until their 21st birthday. The pace of the study preparations benefited from a recent Congressional appropriation of funds for fiscal year 2007. For more information, go to _http://www.nationalchildrensstudy.gov/about/mission/index.cfm_ (http://www.nationalchildrensstudy.gov/about/mission/index.cfm) ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Global Warming Bus to D.C. <3/20/07>
by Duane330＠aol.com 08 Mar '07

08 Mar '07

To: Mon Valley Clean Air Coalition From: Duane Nichols, Convenor RE: Global Warming Bus to D.C. I hope you can join us in D.C. We will have a bus leave from Morgantown at 6 AM on March 20th from WVU. The bus will leave and return from the Agricultural Sciences Building. The Bus will leave D.C. and head back to Morgantown at 4 PM Our goal is to have 50 people join us from West Virginia. I will be visiting Morgantown on March 14th and 15th to help recruit for the event. Thanks so much for your help! Samuel Goldman Climate Crisis Action Day Organizer samuelrgoldman(a)gmail.com 202-744-3809 Climate Crisis Action Day is March 20, 2007 _www.climatecrisisaction.org_ (http://www.climatecrisisaction.org) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTE: Click on the web site just above to find out more on details and to sign up for the trip.............. Temperatures are rising across the globe, and the impacts are devastating. But a new Congress is in session, and we have an opportunity unlike any we've seen in years. That's where you come in. Join thousands of dedicated activists for an action day at the US Capitol building in Washington, DC on March 20, 2007, along with politicians, celebrities, and community leaders. We'll even take you into the halls of Congress to meet your elected officials. What are we asking for? Sensible solutions to global warming, a path to a clean energy future, and permanent protections for the Arctic National Wildlife Refuge – a land perpetually threatened by a warming planet. YES! I want to come to Washington, DC at 11am on March 20th. Sign up at: _www.climatecrisisaction.org_ (http://www.climatecrisisaction.org) ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Selected News Updates
by Duane330＠aol.com 06 Mar '07

06 Mar '07

The Charleston Gazette, March 06, 2007, Lack of safety check cited in mine roof fall death By Ken Ward Jr., Staff writer Operators of a Monongalia County coal mine did not make sure the mine was safe before a December roof fall that killed a worker, state investigators have concluded. Inspectors faulted Dana Mining Co. in the Dec. 17 death of mine electrician John Elliott, 26, of Newburg, according a new report from the state Office of Miners' Health, Safety and Training. "The active workings of the mine had not been completely examined by the pre-shift examiners before the miners of such shift were allowed to enter the mine," says the report, which was recently released to Elliott's family and then made public. In their report, state inspectors also cited Dana Mining foreman Ken Losh individually for his alleged failure to perform a proper preshift safety check. The death occurred at Dana Mining's Prime No. 1 Mine near Maidsville, outside Morgantown. James L. Laurita Jr. of Morgantown is president of the company, according to records from the state secretary of state's office. At the time of the accident, Elliott, Losh and a third worker, Gary Mayle, were riding into the mine on a rubber-tired mantrip, according to the state report. Mayle noticed the roof starting to fall, and told Losh, who stopped the mantrip and tried to back up, the report said. All three men jumped from the vehicle and attempted to run away. Mayle made it out safely. Losh was knocked down by falling roof, but was unhurt and crawled to safety, the report said. Elliott was hit by the roof fall and pinned against the mantrip, the report said. The roof fall measured 28 feet long, 20 feet wide and 5.5 feet thick, the state report said. Inspectors found that the roof in the roadway where the fall occurred "was not supported or otherwise controlled adequately to protect" against roof falls, the report said. The report recommended that the company be considered for a "special assessment," which could result in a more significant fine. One day before Elliott was killed, additional wooden roof supports, called cribs, were installed in the area where the accident occurred, an indication that the company was having roof problems there, the report said. Two days after Elliott was killed, the company submitted a plan to install additional roof bolts in the same area, the state report said. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The Boston Globe, GLOBE EDITORIAL, Dethroning King Coal, March 5, 2007 WITH PRESIDENT BUSH finally acknowledging climate change but still opposing mandatory limits on greenhouse gas emissions, environmentalists have to content themselves with limited victories in the effort to curb global warming. There were two such signs of progress recently. First, Al Gore's film on climate change won an Academy Award for best documentary. Second, the buyers of the biggest utility in Texas have agreed to reduce the number of new coal-fired generating plants to be built by TXU from 11 to three. The success of the film and the green buyout demonstrate that both the public and the business world are ahead of the Bush administration when it comes to taking the threat of a warming planet seriously. The report last month by the United Nations' Intergovernmental Panel on Climate Change left little doubt that humankind is remaking the planet's climate through emissions of carbon dioxide and other gases that form a heat-trapping layer in the atmosphere. Changing this course on a global basis will require the kind of leadership from the United States that has been sadly lacking. But the election last November brought to power on Capitol Hill senators and representatives who are determined to tackle this problem. Two of them, Democratic Senators Barbara Boxer of California and Jeff Bingaman of New Mexico, have warned utility owners that coal-fired plants they are now hurrying to build will not be grandfathered under any legislation they pass that restricts carbon dioxide emissions. Coal yields more carbon dioxide than other hydrocarbons, but US utilities have plans on the drawing board to build 150 plants using this relatively cheap and abundant fuel. Make that 142 after the negotiations between the TXU buyers and leaders of environmental organizations. Whether the scaling back of TXU's coal plans will set an example for other utilities remains to be seen. Last week, a leadingclimate change scientist for the National Aeronautics and Space Administration, James Hansen, said the nation should put a moratorium on all new coal-burning plants and plan to "bulldoze" by midcentury any such plants that do not include technology for capturing and burying their carbon dioxide emissions. The TXU deal would not pass muster with Hansen, but the agreement does include a commitment by the utility to reduce its carbon dioxide emissions to 1990 levels by 2020, support a $400 million efficiency program, and back mandatory national caps on greenhouse gas emissions. That puts TXU in the same camp as major corporations like GE and Du Pont, and leading presidential contenders in both parties. Thanks to the likes of Al Gore and James Hansen, the public and the corporate boardroom are preparing for the kind of climate change action that the Bush administration still shrinks from. Observer-Reporter, Washington, PA, Monday, March 5, 2007 Nemacolin plant should proceed Several environmental groups announced last week that they intend to file another lawsuit to halt construction of a waste-coal fired power plant in Nemacolin. Group Against Smog and Pollution, National Parks Conservation Association and Sierra Club filed a notice of intent to sue the plant developer, Wellington Development LLC, in federal court. Two of the groups, Group Against Smog and Pollution and National Parks Conservation Association, are seeking to appeal the issuance of the company's air quality permit in state court. The groups will claim in their federal suit that Wellington did not begin construction of its plant before its air quality permit expired. Stanley Sears of Wellington Development said the lawsuit is just another attempt to delay the project. We agree. The company received an air quality permit from DEP in June 2005. The issuance of the permit was subsequently appealed to the state Environmental Hearing Board, which dismissed the appeal. The Group Against Smog and Pollution and the National Parks Conservation Association then filed a petition for review in December with the state's Commonwealth Court. Briefs are expected to be filed on that suit this month. We urge the court to refuse review, if for no other reason than to quiet the opposition from environmental groups whose goals, it seems, are to oppose anything put into the air other than pixie dust. We recognize supporting a power plant is not a popular position, but we have supported Wellington's efforts because of the company's commitment to meet or exceed most environmental standards. The $800 million plant is expected to burn more than 3.1 million tons of waste coal annually from the Nemacolin, Isabella, LaBelle and Clyde coal refuse piles. We thought initially, and we do now, that the main benefit of this project was that it would placate both environmentalists and economists. The lawsuits need to stop. Construction has begun, and we take the position it should continue. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Daily American, March 3, 2007, Coal could help country be 'energy independent' By ROB GEBHART, Daily American Staff Writer Some people are hoping hydrogen someday powers cars. Others are looking toward technology that enables cars to run on electric. Rep. Bill Shuster wants to see the region's coal do the job. It could happen if technology that enables coal to be converted to liquid fuel is implemented in the state. Shuster, R-Hollidaysburg, is co-sponsoring legislation that would provide tax incentives for investors in coal-to-liquid-fuel plants. Advocates of the technology say it is an environmentally friendly means of power production that would make the nation energy independent. During a telephone interview, Shuster said a coal-to-liquid-fuel plant in Pennsylvania would be a great benefit to areas like Somerset County, which sit upon large coal reserves. "Because Pennsylvania is such a large coal producing state, I think it's natural to build the facilities in the state," Shuster said. The technology is as simple as taking a piece of coal and liquefying it into a fuel or converting it into a gas, Corey Henry, spokesman for the National Mining Association, said. Any coal in the United States is suitable for coal-to-liquid-fuel use. The fuel the process produces can be burned in the cars and trucks on the road today. Shuster is promoting coal gasification as a means of making the country independent of foreign energy. The United States possesses 27 percent of the world's coal supply, he said. The National Mining Association has estimated the country's coal reserves are sufficient to power the nation for the next 240 years. The legislation would authorize the Department of Energy to distribute loan guarantees for America's first coal-to-liquid fuel plants. To qualify for the loan guarantees, these plants must have a minimum production of 10,000 barrels a day and the loan guarantee program would expire once 10 large-scale plants are built or commercial production reaches 100,000 barrels of coal-to-liquid-fuel daily. There are no technological barriers for creating coal-to-liquid-fuel plants in the United States, Henry said. The main obstacle is financial. "The technology is proven, but it's not in use in the U.S.," he said. Coal gasification has been used in other parts of the world for many years already, he noted. In South Africa, fuel has been created with coal-to-liquid technology for the past 30 years; during Apartheid, South Africa was forced to develop the plants because many countries refused to ship oil there. Today, the technology accounts for about 30 percent of the nation's fuel. No plants have been built here because production fees are cost-prohibitive, Henry said. Cost estimates for the plants range in the billions of dollars. Henry said it's his hope that the tax incentives offered by the legislature would encourage investors to build a "first fleet" of coal to liquid fuel plants. Once the technology proves profitable, Henry said he believes investors will stake the money on their own. The government also has to subsidize coal-to-liquid-fuel plants to support investors in the event that petro-states try to manipulate the market, Shuster said. Investors are worried that when a coal-to-liquid-fuel plant begins producing gas, petro-states will drop the cost of crude oil and undercut the market, he said. Right now, when oil costs $60 a barrel, investing in a coal-to-liquid-fuel plant makes economic sense to investors. But when the price of oil drops below $40 a barrel, it's harder for private investors to justify the expensive plants. Plans for a plant in eastern Pennsylvania have been under discussion for the past several years. The federal government had pledged to contribute $100 million of the next budget to construction costs, but that money has since been removed from the budget by the Bush administration. The state's Congressional delegation and Gov. Ed Rendell cried foul and have since been working to restore the funding. Shuster said the defunding has the potential to derail the project. "If we don't have the $100 million, it's not going to move forward," Shuster said. Pennsylvania coal companies are in support of the effort. "There's a big potential for the expansion of the use of coal," if liquid fuels facilities would be built, said Stan Geary, spokesman for the Pennsylvania Coal Association. The process can use coal of an inferior quality - coal that ranks low enough in quality that it cannot be burnt in traditional coal fired power plants because even scrubbers cannot get it clean, Geary said. Yet the process of converting the coal to liquid is relatively clean, Geary said. It produces 85 percent less carbon emissions than traditional coal-fired power plants. And scientists are working on means to capture those emissions and sequester them in caves underground. The technology has the potential to specifically benefit Somerset County coal mines, PBS Coal spokesman Hank Parke said. "I think it's really going to be the future of the country being more energy independent," Parke said. He said his main concern with the technology is that any plant that is built in the state would burn the type of coal Pennsylvania produces, and not be specifically designed for coal from Wyoming, for example. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The Journal, March 05, 2007, Activist wants end to harmful mining By EDWARD MARSHALL / Journal Staff Writer CHARLES TOWN - Judy Bonds' family has lived in southern West Virginia for the past ten generations, but the effects of mountaintop removal coal mining is making her home a wasteland and endangering that part of the state's way of life, she said. Bonds, a grassroots activist and 2002 recipient of the Goldman Environmental Prize for North America, brought her message calling for such mining practices to cease to Charles Town Sunday during a special event. Bonds, a co-director of Coal River Mountain Watch, said coal companies in West Virginia are using three million pounds of explosives a day to blow up and "bomb the people" of southern West Virginia by blowing the tops off of mountains. "It creates a wasteland on top which is devoid of trees and vegetation so when it rains the runoff causes flooding in the valleys and (to) the people," Bonds said. "We have children who sleep fully clothed at night because of the rain. We have people suffering from air pollution from the blasting effects." She also said that after the tops of these mountains are blasted off and the coal is mined, the remains of the mountains are pushed into the valleys and the streams below. "They've covered up already a thousand miles of streams," said Bonds, adding the people of southern West Virginia are being sacrificed for "so-called" cheap electricity. "There's nothing cheap about it when you poison people," said Bonds, adding taxpayers will ultimatley be the ones to pay the bill for flooding and the effects of such mining practices on people's health. "What we're trying to do is literally educate people all over America and other parts of the country about what happens when they flip that light switch on, she said." Bonds rejects the friendly image of clean coal that is promoted by large coal companies in the state. "Even if we could get marshmallows to come out of the smokestacks if you can't dig it clean, you can't burn it clean. They cannot dig the coal cleanly in Appalachia, in Southern West Virginia by blowing the tops off of mountains, by bombing the people that live there and covering up streams," Bonds said. "You haven't lived until you've seen black sludge going down the stream by your house." Bonds has been involved in the cause to stop mountaintop removal mining since 1998, after a Massey Energy subsidiary moved into her "little hollow" where generations of her family had lived. Before long coal dust blanketed the region and her grandson would be diagnosed with asthma. "They started letting loose black sludge water down in our creek and there was fish kill. My grandson stood in a stream full of dead fish," she said. "It was nonstop coal truck traffic and trains with no regard for the people that lived there." While many moved away, Bonds remained to fight until she found out about a huge sludge dam that was being built above her home. "It was the irresponsible mining techniques of Massey Energy that brought me into this fight," she said. Bonds is no stranger to the coal industry. Her father, grandfather, brother and cousin were all coal miners. Now she is a proponent for clean, renewable energy sources. "This is an industry that could cause an economic boom to this state and it's forever. It's not like coal. It's infinite," she said. "There are alternatives; we just have to look at those." Bonds, who said the coal industry contributed heavily to politicians, said people who want change should contact their elected leaders, both statewide and national. "We want a change," Bonds said. "We want clean, renewable energy. We want a future for our children and a future for West Virginia." ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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2013

2012

2011

2010

2009

2008

2007

2006

2005

MVCAC March 2007