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Archive for January, 2011

Texas Net-Metering Report This past summer, interns in Public Citizen‘s Texas office were busy calling utility companies (including rural electric cooperatives and municipally owned utilities) to find out what their policies were on net-metering. 

Net-metering is an arrangement by which excess renewable electricity produced by consumers who own (generally small) renewable energy facilities, such as wind, solar power or home fuel cells, is supplied to the electrical utility grid, causing the customer’s electric meter to spin backwards and generate credit to the customer’s electric utility account

What the policies are for customers to connect to the grid and how any credits are assessed to them for their excess energy is the subject of this report.  To read our report, click here.

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Judge Pat Priest has sentenced former House Majority Leader Tom DeLay to three years in prison on the conspiracy charge he was convicted of in November.  Delay was also sentenced to five years in prison on the money laundering conviction but Judge Priest allowed DeLay to accept 10 years of probation instead of more prison time.

He is expected to appeal and the judge set a $10,000 bond, which means DeLay will likely be a free man until his appeal is complete.

The convictions stem from the 2002 Texas state house elections, when DeLay’s state PAC collected $190,000 in corporate donations and sent the money to the Republican National Committee. The RNC then sent a total of $190,000 to seven Republican state house candidates hand-picked by DeLay’s PAC.

Under Texas law, it is illegal for candidates to use corporate money — raised directly or indirectly — for their campaigns.

Public Citizen wants to acknowledge the work done by Craig McDonald, the director of Texans for Public Justice and former director of the Texas office of Public Citizen.  His work on tracking the money was key to the initial investigation of Delay and his PAC.

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Last week, Nuclear Innovation North America (NINA) released a “poll” that they claim shows strong support both across Texas and in Austin for building more nuclear power plants in the state, but the dirty secret of polling in the corporate world is that corporate clients don’t conduct polls to find out public opinion: they conduct polling to buy results, which they can then trot in front of the media and elected officials to prove how popular they are.

Although the polls were done by taking random samples of registered voters (1,004 in the statewide survey and 700 in the Austin market), the questions were worded in such a way to elicit a positive response.  The Littlefield Consulting is one such poll, and its results were presented in a misleading fashion to the public.  It does not accurately reflect the voters of Austin’s true feelings on nuclear power which is, at best, mixed.

We’d like to run down the problems that we see with this poll below.
Major problem 1:
The poll says that 64% of Austin voters think nuclear power should play in important role in the city’s future.  But question 1 of the actual poll tells a very different story:

In general, do you favor or oppose nuclear power plants to generate electricity for Austin Energy?
Strongly Favor:  18.5%  / Somewhat Favor: 28.5%  / Somewhat Oppose:  16.2%  / Strongly Oppose: 19.9%  / Don’t Know 17%

Favor:  only 47% with Oppose / Don’t know: 53%

Support is tepid at best, with not even a majority of voters in favor of nuclear energy, much less nuclear expansion.  There are more voters who strongly oppose nuclear than strongly support it, meaning it is a bad issue at the ballot box.

By the end of the poll, after hearing all of the positive messages, support only increased to 64%.  Support is not only tepid, but even after hearing only one side of the argument, voters are not overwhelmingly convinced.

Major problem 2:
This poll makes false comparisons between energy choices.

Would you favor or oppose Austin Energy purchasing nuclear power if AE signed a contract to purchase the power at a rate competitive with coal and natural gas that is set and will not rise for 40 years?
Favor: 65%  /  Oppose: 23%  / Don’t Know: 12%

Given current economics, this is not possible. Cost estimates for new nuclear from STP 3&4 are generally 7.5 – 8.5 cents per kwh, while coal, gas, and renewables are all under 5 cents.

Major problem 3:
This poll presents inaccurate information to those people being polled and then asks them if that makes them more favorable to nuclear energy.
The poll touts STP’s stable price, reliable electricity, and environmental benefits without giving the true history of cost overruns, bailouts, enormous carbon footprint of construction or the mining and milling of uranium and storage of radioactive waste.  It also falsely connects nuclear power to energy independence, although nuclear power will not affect oil consumption in Austin at all.

Please tell me if each statement more likely or less likely to support Austin Energy purchasing more nuclear energy from the South Texas Nuclear Project:
Nuclear power plants are cleaner for the environment than plants fueled by coal or natural gas because they don’t produce emissions.    More: 75%   / Less: 25%
More nuclear energy could lock in stable prices and affordable prices for AE customers- especially for lower income customers.    More: 75%   / Less: 25%
The US needs to become more energy independent and not rely on energy from politically unstable parts of the world.   More: 85%   / Less: 15%

None of these answers actually show Austin’s support for nuclear power, only that positive messaging makes them more likely to support it, which is exactly what the people paying for the poll wanted.

Major problem 3:
The poll glosses over major opposition to the plant due to water usage.  Furthermore, no other negative messages are presented to those being polled, meaning they are given a one-sided description of nuclear power.

For example, support evaporates (no pun intended) for STP expansion or Austin buying power from nuclear expansion at the slightest mention of the water cost.

Would you favor or oppose the building of these new units if the daily operation of these new units increased the amount of water that the STNP draws from the Colorado River?Strongly favor:  9.8%  / Somewhat favor: 19.9%  / Somewhat oppose:  26.1%  / Strongly oppose:       26.2%  / Don’t Know: 18.1%

Total Favor: 30%  / Total Oppose: 52%
Total Oppose /Don’t Know:  70%

When faced with the facts on the cost overruns, the dangers of radioactive waste, the performance and safety record at STP and nuclear power nationwide, allegations of fraud when dealing with CPS and San Antonio, you will see drastically different results.

This does not even begin to discuss issues like whether Austin needs more baseload power (we don’t— we need more peak power, which can more reliably and cheaply be provided by efficiency, renewables, and natural gas peakers)

Bottom line:  STP expansion and further power purchase agreements with STP are, in a word, radioactive.  Support is soft, at best, and based on easily debunked and misleading claims. Smart elected officials will stay away from this issue and reaffirm the City Council’s previous decisions to not buy into the nuke.

Too see a breakdown of both polls’ questions and answers, click here.

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UPDATE AND EDITOR’S NOTE: We received a comment on this post that we found to be helpful and removed a section our commenter, Bliz, found to be a “Karl Rove-ish” attack.   The lessons we learn are the following: YES, we read your comments.  And give them the attention they deserve.  Second, when we make a mistake we try to fess up to it.  Mea culpa, as it was I who wrote the majority of this, not Carol.  And third, while we generally don’t like to flush things down the old memory hole, there are times when it is worthwhile to delete something.  This is one of those times. But we confess that we are deleting in and not trying to cover up for the fact that it never happened.  So thanks, and good night and have a pleasant tomorrow. ~~Andy Wilson, TexasVox editor.

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According to the Associated Press, the U.S. Environmental Protection Agency has asked a Washington court to allow it to issue greenhouse gas permits in Texas, even though the state has asked the judges to stop the federal move.

The EPA filed its motion on Thursday in the U.S. Court of Appeals in Washington. The motion came after the court asked the agency to wait until Friday before implementing its plan to directly issue the permits in Texas, the nation’s leader in greenhouse gas emissions and industrial pollution.

In its court plea, Texas accused the EPA of overstepping its authority, but the EPA argues that Texas has left it no choice. Texas is the only state that has refused to comply with the EPA’s new greenhouse gas rules that went into effect on Jan. 2.

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The controversy over Barnett Shale natural gas drilling or “fracking” that has overcome Fort Worth and Tarrant County since 2002 has, in recent months, drawn public attention nationally – first to the money to be made by mineral rights owners, then to the inconveniences of drilling for those who live around it, and, more recently, to a heightened concern about the potential environmental and health impacts of this concentrated activity in a densely populated urban area.

Less attention has been paid to another hard fact of Barnett Shale drilling: Not a single well goes into production without a network of pipelines to take the gas to market.

There are about 2,700 wells in Tarrant County alone and 15,000 in the 23-county Barnett Shale formation, according to the latest Railroad Commission data. With 241 companies active in the field, drilling won’t stop any time soon.

So now it’s time — past time, really — for elected officials and state and local agencies to focus more attention on the proliferation of pipelines and whether they are being done right.

A study of that issue resulted in a report, “The State of Natural Gas Pipelines in Fort Worth”  that was done for the Fort Worth League of Neighborhoods.  Researchers studied gas pipelines in the region over a year-long period and put forth 26 recommendations for federal, state and local lawmakers and regulators, the pipeline industry and the citizens of Fort Worth.

The report’s recommendations highlight the need to bring local residents into the pipeline-planning process early on, giving them more information about what makes for a safe pipeline and more ability to make an informed decision about whether they can live with what’s being proposed for their neighborhood.

Texas has thousands of miles of pipelines for gathering, transmitting and distributing oil and natural gas. Pipeline failures are few and far between. It’s just that any such failure can be catastrophic. 

If you live in an area where natural gas fracking is or could potentially occur, you might want to take a look at this report, “The State of Natural Gas Pipelines in Fort Worth”.

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The Texas Low-level Radioactive Waste Disposal Compact Commission (TLLRWDCC) approved rules yesterday that pave the way for 36 states to export low-level radioactive waste to a remote landfill along the Texas-New Mexico border.

The 5-2 vote by the TLLRWDCC came after last-minute legal maneuvering on Monday failed to delay the meeting when a federal judge threw the case out because he didn’t believe he had jurisdiction even though he expressed concerns about the issue brought before him involving the loss of comments because of an incorrect email address being posted in the Texas Register instructing citizens on how to and where to comment about the rules.  Even with that, more than 5,000 people commented on the plan, almost all in opposition to it.

The vote also came two days before Vermont’s incoming governor, Peter Shumlin, takes office. The Governor-elect has openly criticized the plan and had said he would replace the state’s two commissioners with members more in line with his views.  And we believe the commission was rushing to vote on the rules to ensure a majority.

WCS has stated that they are expecting some legal challenges to the commission’s decision, but is moving ahead with construction of the landfill. The first phase of construction should be completed by November. In early 2012, the second part of the site — where federal waste will be stored — will also be finished.

While the facility will now be able to accept waste from three dozen states, the TLLRWDCC guaranteed Vermont — which paid $25 million to have two members on the commission — 20 percent capacity in the landfill. Vermont has only one nuclear facility, but since it plans to phase it out in the next 30 to 40 years it sought to promise itself space for the waste that process would create.  And yes . . . this facility will accept waste from nuclear power plants—every thing but the spent fuel rods, not just the medical booties and gloves the mainstream media (as fed to them by WCS) always talked about in their stories.

TLLRWDCC Commissioner Bob Wilson has opposed the expansion plans and the rules for some time. He voted against the rules on Tuesday, but largely because he fears the commission is unprepared to deal with the enormity of the task once the 1,340-acre site begins accepting waste from other states. The commission is largely unfunded, getting $25,000 a year from Vermont and money from Texas only to cover meeting and travel costs.  It has no office—just a postal box in a building in Austin from what we can tell (yes we went by to see if there actually was someone in an office space to accept all those comments that came flooding in through the Christmas holiday)—and their one staff member’s last day was right after the new year.  Expanding the importation of waste will interfere with the site’s capacity and Wilson questioned whether it will be as profitable as is being predicted.

Public Citizen, is reviewing the past months events and will decide the next step later this week, but a lawsuit is possible.

We will let you know how things progress.

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Well for those who have been waiting to hear how the Texas Low-Level Radioactive Waste Disposal Compact Commission (TLLRWDCC) voted on the new rule that would open Texas up to accepting radioactive waste from as many as 36 other states (and possibly beyond that), it is no surprise that the Compact Commission voted in favor of the rule.

Public Citizen‘s Texas director, Tom “Smitty” Smith and the Sustainable Energy and Economic Development (SEED) Coalition’s executive director, Karen Hadden drove through the night to the edges of the state in order to attend the hearing this morning, and have spent the better part of the day listening to the public and the Commissioners debate issues around this rule.

Karen Hadden just texted us to say:

In an outrageous demonstration of ignoring public opposition, the unfunded Compact Commision, which has no office, no bylaws and only one staff person, still managed to vote to open Texas up to radioactive waste from around the country.  In Andrews County, a late afternoon vote followed public testimony, predominantly in opposition to the radioactive waste expansion, and heated debate between the Commissioners.

Legal challenges are likely.  The Commissioners rushed this crucial vote through during the holidays ahead of the swearing in of a new Governor in Vermont and the beginning of the 82nd Texas legislative session.  They rushed this vote through in spite of concerns being expressed by legislative members of the Texas Sunset Advisory Commission during a December 15th Sunset Commission hearing. They rushed this vote through in spite of issues around citizens’ ability to submit their comments because of a incorrect email address listed in the Texas Register posting of the rules and instructions to the public about where to submit comments.  They rushed this through despite a motion by Commissioner Gregory to extend the comment period which they refused to do.   They rush this through and Texas got screwed.

We will post more on this vote tomorrow.

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The Texas Progressive Alliance wishes everyone a happy and prosperous New Year as it brings you the first blog roundup of 2011.

Off the Kuff took another look at the coming fight over class size limits.

Who decides who suffers in the Barnett Shale? TXsharon ponders this question at Bluedaze: DRILLING REFORM FOR TEXAS. Unless you are a decider, you will eventually suffer.

With “Death Panels” being resurrected in 2011, Bay Area Houston has posted An Idiots Guide to Surviving Obama’s Death Panels”.

Reverend Manny at BlueBloggin takes an in depth look at Bankster Privilege and the Threat of Right Wing Terrorism in 2011-2012. Since the Bush Cabal was thrown out after 25 years of bankster profiteering and warmongering, and the centrist Obama put in his place to preside over a bankster-collapsed economy, there has been over a 250% increase in bankster-sponsored racist and/or separatist right wing groups that openly brandish their capability and willingness for violence. There is a convenience of more than just happenstance for the large corporations that dominate our society. For every “tea party” stance they support, for example, smaller school budgets, there is a huge profit margin for the large corporations. Those same corporations fund most of the paranoid right-wing politicians, who in turn cater to both their violent racist base AND to their banker sponsors.

CouldBeTrue of South Texas Chisme notes that the republicans will use any excuse to kill public education in Texas.

An update on the Keystone XL pipeline, the proposed nuclear waste dump in west Texas, and the prospects for DREAM in the next Congress are all part of this aggre-post by PDiddie at Brains and Eggs.

Neil at Texas Liberal marked the 165th anniversary of Texas statehood. This post includes links to a number of good reference sources so we may learn more about our state. Also included in this post is a picture of President Obama meant to indicate that Texas is just one state of 50 in our federal union. Let’s all get it through our heads—The federal government in Washington is the supreme governmental authority of the the land.

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According to a U.S. Nuclear Regulatory Commission release, staff will hold a regulatory conference with Luminant Generation Co. officials on Jan. 13, to discuss the significance of an inspection finding at the Comanche Peak nuclear power plant located near Glen Rose, Texas, just an hour west of Fort Worth.

NRC and Comanche Peak will discuss the significance, cause and corrective actions associated with the “apparent failure by the company to incorporate into station procedures information necessary to ensure continued operability of a water tank that supplies safety-related equipment”. Specifically, an NRC inspection revealed, the company failed to take steps necessary to ensure that a rubberlike bladder inside the tank was properly maintained.

The meeting, which will be open to public observation, will begin at 1 p.m. in the NRC’s Region IV offices in Arlington, Texas located at Texas Health Resources Tower, 612 E. Lamar Blvd., Suite 400.

The public will have an opportunity to observe and ask questions of NRC staff after the business portion of the meeting. Members of the public can listen to the meeting via a special telephone line by calling 1-800-952-9677 and asking to be connected to the meeting.

The NRC evaluates regulatory performance at commercial nuclear power plants with a color coded process which classifies regulatory findings as either green, white, yellow or red, in increasing order of increasing safety significance. The NRC staff has preliminary determined that the significance of the violation is “white,” meaning it has a low to moderate safety significance.

No decision on the final significance, the apparent violations or any contemplated enforcement action will be made during the conference. Those decisions will be made by NRC officials at a later date.

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

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 UPDATE:

Judge Sam Sparks of the US District Court for the Western District of Texas just dismissed the case to enjoin the Compact Commission meeting tomorrow, saying while he was concerned about the issue of citizen’s ability to participate fully, he did not have jurisdiction to enjoin the meeting, and threw the whole case out allowing the vote on the rule to go forward tomorrow.

So, the Compact Commission is still planning to meet in Andrews, Texas at 9 am tomorrow (Tuesday) morning at 9 AM, at the James Roberts Center located at 855 Hwy 176 East, Andrews, TX 79714 . . .  Please join us if you can!

UPDATE:

The Compact Commission is still planning to meet in Andrews, Texas at 9 am tomorrow (Tuesday) morning at 9 AM, at the James Roberts Center located at 855 Hwy 176 East, Andrews, TX 79714 . . .  Please join us if you can!

 

Legal Maneuvers Still Underway
The Commission could vote on the Import rule at this meeting. Passage would allow import of radioactive waste from all the states, and through a loophole, potentially the whole world. It would be disposed of through shallow burial at the Waste Control Specialists (WCS) site in Andrews County, Texas. The TCEQ does set license limits for the site, but the import rule sought by WCS and most members of the Compact Commission is a backhanded way to force license expansion.
Legal efforts by Public Citizen resulted in a Temporary Restraining Order for tomorrow’s meeting.  Now the AG is jumping in, although they should have nothing whatsoever to say about this, since they have made clear that they can’t represent the Commission, only individual members.
There is now a 3 pm hearing (today) with US District Judge Sam Sparks at the Federal Courthouse, 200 W. 8th Street in Austin.
Proceedings here could impact the Andrews meeting scheduled for tomorrow in Andrews, but we’re counting on the meeting still happening and heading out west after the hearing.

 UPDATE:

A hearing on the temporary restraining order (TRO) against the Texas Low-level Radioactive Waste Disposal Compact Commission’s (TLLRWDCC) hearing on their proposed rule to open Texas up to taking waste from states outside the current compact states of Texas and Vermont is scheduled for 3pm in Federal Court, Judge Sam Sparks presiding. The motion was filed by GNI Strategies.

No hearing has been set on the motion to dissolve TRO in state court.

ORIGINAL POST:

 

 
 
 

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

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