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At the intersection of Loop 410 and Military Drive on Lackland Air Force Base in San Antonio, Texas lies the Texas Cryptology Center. It’s a huge and intimidatingly bland building, covered in massive A/C units and shrouded in secrecy. Operated by the NSA, the general function of this spy center was unknown until fairly recently. In fact, one of the only public statements released from the center was in response to signals emanating from the building which were interfering with garage door openers.

Photo: Maryland NSA Headquarters

NSA Headquarters

Then in early 2013, the purpose of the Texas Cryptology Center and several other of the NSA’s behemoth computing centers started to become clear. The now infamous NSA contractor Edward Snowden revealed that the agency had created, through use of the Patriot Act, a vast and sophisticated network of surveillance under the code name PRISM. This program allows the collection of personal data from some of the internet’s most frequented sites. Companies such as Google, Yahoo, Facebook, Microsoft, and Skype are all participants. It later broke that the NSA was also monitoring vast quantities of phone calls. All this was done under the guise of national security, and preventing terrorism.

NSA officials initially attempted to calm the frenzied media reaction by saying that only data from international communications was being collected. Director of National Intelligence James Clapper was asked at a hearing whether the National Security Agency collects any data on millions of Americans. “No sir … not wittingly,” Clapper responded, acknowledging there are cases “where inadvertently, perhaps the data could be collected.” It turns out that this statement was dangerously close to a blatant lie. In reality, “The National Security Agency is currently collecting the telephone records of millions of US customers of Verizon, one of America’s largest telecoms providers, under a top secret court order issued in April.” To the NSA’s defense, supposedly only “metadata” is being collected. That is the NSA only records the location, duration, and identities of two callers, but not the content. However, it seems plausible that if the NSA officials lied about not collecting Americans data, then they maybe lying about the kind of data being collected. This is currently just speculation, but it wasn’t long ago that people who were paranoid about Big Brother spying on them were labeled as crazies.

In fact, it’s not just American citizens or international terrorist that should be worried about NSA snooping. While Snowden fled to Hong Kong, and then to Russia seeking political asylum, it was leaked that the NSA had bugged the offices of European Union officials. “The leaked documents suggest the aim of the bugging exercise against the EU embassy in central Washington is to gather inside knowledge of policy disagreements on global issues and other rifts between member states.” While governments spying on each other is nothing new, it’s seems quite brazen for the U.S to treat some of its closest allies with the same lack of respect as suspected terrorist.

Despite the fact that all of this already resembles the plot of a spy movie, the type of revelations coming out now may be just the tip of the iceberg. It’s unclear how much insider information Snowden was able to retrieve about the NSA’s operations, or if he will leak anymore statements about the extent of the snooping. As of right now, business is booming for the NSA. Based on a study of property records, the San Antonio NSA campus “has grown by nearly 135,000 square feet, to almost 633,000 square feet. In 2008, the facility was worth $33.5 million; now it is valued at more than $72 million.” Clearly the NSA anticipates no slowdown in their operations. But if the leaks continue, the citizens of San Antonio might just gain some insight into the Texas Cryptology Center, and how their city plays a key role in the emergence of local and global surveillance.

 

Newly Confirmed EPA head, Gina McCarthy

Newly Confirmed EPA head, Gina McCarthy

The Senate approved Gina McCarthy to be the new head of the Environmental Protection Agency on a 59-40 vote Thursday, ending a lengthy battle over the post.

President Obama nominated Ms. McCarthy, a longtime top official of the EPA, to replace Lisa Jackson, who served in the post in the president’s first term. Republicans have complained both about the agency’s policies under Ms. Jackson and the transparency with which she deal with Congress.

Ms. McCarthy was the latest nominee of President Obama to be approved following a deal earlier this week to curb GOP filibusters of executive branch nominees.

UPDATE

NPR’s State Impact takes a look at where landowners stand against pipeline companies’ claims that they have the right to take land through eminent domain.

Click here to read part one of a three-part series devoted to looking at efforts to overhaul eminent domain in Texas and what may come next for landowners, pipeline companies, and the oil and gas industry.

Click here to read part two of this three-part series.

Click here to read the third and final part of this series of articles on pipelines, eminent domain and Texas courts

As you may or may not know, Governor Rick Perry has vetoed the funding for the Public Integrity Unit, the group charged with enforcing ethics standards for public officials, as well as insurance fraud and motor vehicle tax fraud.  This veto could not have come at a more questionable time.  On the back of other ethics veto’s, Perry has brought to light his true feelings about the ethics laws in Texas.  To read more about this veto and Perry’s conflict of interest, read our op-ed that has run in the Houston Chronicle as well as the Burnt Orange Report.

http://www.chron.com/opinion/outlook/article/Smith-Get-ready-to-hold-your-nose-4666902.php

http://www.burntorangereport.com/diary/13775/was-governor-perrys-veto-of-public-integrity-unit-funding-linked-to-investigations-of-corruption

A local group of Solar advocates in Plano Texas has worked to put together a group purchase agreement to help reduce the costs of adding solar to your roof top if you live in Plano TX.

So far they have gotten 24 locals to commit to the project and hope that they can reach at least 50 by the time this round of purchases is made and the installations begin. With the current tax credit, and a local rebate, now is a great time to lock in a low rate for electricity for the next 30 years.

“In collaboration with Live Green in Plano, Plano Solar Advocates is pleased to announce a pilot program to help “Solarize Plano” homes. This program will connect residential homeowners that are ready to install solar, with local, qualified installers and will take advantage of generous local utility incentives that are available for a limited time.”

Give the folks at solarizeplano.org a call and get in while the time is right.

Rooftop solar installation

Rooftop solar installation

StateImpact Texas, a reporting project of local public media and NPR, has provided us with an excellent overview of the continuing drought in Texas.

Today, 12.2% of the state is in exceptional drought (the highest level of drought under the US Drought Monitor reporting)  This is the map for September 13, 2011 - at this time 87.3% of the state was in exceptional drought.

Today, 12.2% of the state is in exceptional drought (the highest level of drought under the US Drought Monitor reporting) This is the map for September 13, 2011 – at this time 87.3% of the state was in exceptional drought.


In October 2010 the current drought began and Texas endured the worst single-year drought in its history in 2011. While the situation has improved, do not be fooled, the drought is far from over — and the conditions that caused it aren’t going away anytime soon.

NPRs StateImpact shows us the the cost to Texas, to date, as well as some dire considerations the state will have to make as we move forward.

Click here to see their report.

In a tweet on July 11th, 2013, Christi Craddick re-tweeted a link to a YouTube video entitled, “Let’s Build the Keystone XL.”  She then added to the link, “Let us know what you think!”  The Keystone XL is not in the interest of Texans or of the United States.  Send a tweet or a message to Commissioner Craddick letting her know that you do NOT approve of the Keystone XL in the State of Texas.  If you have a personal story of how it has negatively affected you, please share it with her.  Let her know that not only is the Keystone XL an environmental disaster, but in Texas we do not take too kindly to people taking our land.

So, tell Railroad Commissioner Christi Craddick, “No to the Keystone XL!”

Christi.Craddick@rrc.state.tx.us

According to an NBC News story, a study on human-induced earthquakes published today in Science, shows within the central and eastern United States, more than 300 earthquakes of magnitude 3 or greater were recorded from 2010 through 2012, compared to an average rate of 21 earthquakes per year from 1967 to 2000.

The hydrolic fracturing (fracking) technique used to produce natural gas and oil involves shooting several million gallons of water laced with chemicals and sand deep underground to break apart chunks of shale rock, freeing trapped gas to escape through cracks and fissures into wells has been linked to human-induced earthquakes, however this process produces earthquakes that are almost all too small to be felt — and the fracking industry is quick to use this fact to say fracking doesn’t cause earthquakes. Nevertheless, larger earthquakes are associated with injection of wastewater into underground wells, a technique used to dispose of the briny, polluted water that comes to the surface after a frack job is completed and a well is producing natural gas and oil, so one might say the industry is a bit too literal, since these activities would not occur if fracking wasn’t occurring.

Click here to read the NBC story.

In Texas, which has seen a dramatic increase in fracking activities in the Barnett and Eagle Ford shale regions, a recent quake registered a 4.8 in May of 2013 near Timpson, TX which sits in the drilling area of the Haynesville Shale.

According to an NPR StateImpact story, researchers have known for decades that disposal wells can cause quakes, but state regulators say they are waiting for more proof. The Texas Railroad Commission, the agency that regulates oil and gas drilling in Texas, is currently considering updated rules for disposal wells in the state, but it says it has no plans to include consideration of man-made earthquakes in that rule making. Click here to read the NPR story.

This begins to make sense when you see that 3% of the Flat Earth Society‘s membership is from Texas.

According to an article in the New York Times, in recent decades people living in the south of China are living five years longer on average than their northern counterparts. The reasons are because of the pollution from the widespread use of coal in the north, according to a study released Monday by The Proceedings of the National Academy of Sciences, a prominent American science journal.

The study was conducted by an American, an Israeli and two Chinese scholars and was based on analyses of health and pollution data collected by official Chinese sources from 1981 to 2001. Click here to read the full story in the New York Times.

At the same time, NBC News reports that two studies release on Tuesday shows air pollution can cause lung cancer and seems to worsen heart failure.

Both studies show the more pollution, the more disease. One study looked at lung cancer cases across Europe; the other looked at hospitalization for heart failure in several countries, including the United States.

Dr. Ole Raaschou-Nielsen of the Danish Cancer Society Research Center said they couldn’t find a “safe” level of air pollution. The more pollution, the higher the risk, even at legally accepted limits.

The second study looked at 12 countries, including the United States. Nicholas Mills of the University of Edinburgh in Britain and colleagues combined data from 35 studies that assessed carbon monoxide, sulfur dioxide, nitrogen dioxide, and ozone pollution, as well as particulate matter (often simply called soot) and looked at rates of being hospitalized for heart failure,.

About half of people with heart failure die within five years, according to the American Heart Association. This study found that one of the things that can throw heart failure patients into the hospital, or kill them, is breathing polluted air. Click here to read the NBC News story.

NPR’s State Impact reported this morning that Energy Future Holdings (formerly TXU) has “self-bonded” approximately $1 billion for future mining restoration in Texas in lieu of real cash bonds. Click here to hear the entire story.

In the transcript of the story it discusses the main concerns of Public Citizen and Sierra Club who have been investigating this issue for the past six months.

At the heart of the two groups’ (Public Citizen and Sierra Club) concern is what’s called “self-bonding.” Under federal law, mining companies must post bonds as a form of insurance to cover the cost of reclamation in case the companies run into financial trouble. Instead of using an outside company to provide the bonds, mining operators in Texas are allowed to self-bond. Some coal states don’t accept self-bonding.

Texas has approved Luminant Mining’s self-bonding. The self-bond’s “third party guarantor” is a sister company, Luminant Generation. It’s the power plant company that burns the coal from Luminant Mining.

The environmentalists say they’re worried that those power plant assets might also be claimed by other creditors, jeopardizing the funds Texas might recover to pay for reclamation.

Luminant’s parent company, Energy Future Holdings, has explained in annual reports to the United States Securities and Exchange Commission that the company faces creditworthiness requirements for different regulators in Texas, among them the Railroad Commission. For years,  the reports said that “we believe we will have adequate liquidity to satisfy such requirements” or “we believe we would have adequate liquidity capacity and/or financing capacity to satisfy such requirements.”

But then, in a 2012 report, that line disappeared.

“It was the smoking gun,” said Public Citizen’s Smitty Smith.

On page 100 of EFH’s 2008 10K filing, page 100 of EFH’s 2009 10K filing, page 98 of EFH’s 2010 10K filing, and page 93 of EFH’s 2011 10K filing, the following appears

The RRC has rules in place to assure that parties can meet their mining reclamation obligations, including through self-bonding when appropriate. If Luminant Generation Company LLC (a subsidiary of TCEH) does not continue to meet the self-bonding requirements as applied by the RRC, TCEH may be required to post cash, letter of credit or other tangible assets as collateral support in an amount currently estimated to be approximately $xxx (from a low of $600 million in 2008 to a high of 990 million in 2011) million. The actual amount (if required) could vary depending upon numerous factors, including the amount of Luminant Generation Company LLC’s self-bond accepted by the RRC and the level of mining reclamation obligations. . . .

In the event that any or all of the additional collateral requirements discussed above are triggered, we believe we would have adequate liquidity and/or financing capacity to satisfy such requirements.

On page 85 of EFH’s 2012 10K filing, only

The RRC has rules in place to assure that parties can meet their mining reclamation obligations, including through self-bonding when appropriate. If Luminant Generation Company LLC (a subsidiary of TCEH) does not continue to meet the self-bonding requirements as applied by the RRC, TCEH may be required to post cash, letter of credit or other tangible assets as collateral support in an amount currently estimated to be approximately $850 million to $1.1 billion. The actual amount (if required) could vary depending upon numerous factors, including the amount of Luminant Generation Company LLC’s self-bond accepted by the RRC and the level of mining reclamation obligations. . . .

appears, the followup statement, found in the previous 4 years 10K filings is conspicuously missing.

In the event that any or all of the additional collateral requirements discussed above are triggered, we believe we would have adequate liquidity and/or financing capacity to satisfy such requirements.

NPR’s story goes on to say “a media liaison for Energy Future Holdings, Allan Koenig, would not comment specifically about the line that disappeared.”  But that was followed up by an email from the company saying, “We fully satisfy the bonding requirements of the Railroad Commission of Texas for our coal mines, which means that our reclamation obligations are guaranteed.”

Well, yes they do satisfy the bonding requirements allowed by the RRC and their obligations are guaranteed by Luminant Generation, but it is all the same company and still at risk if the assets of the company, should a reorganization occur, be found insufficient to meet the bond amount currently estimated at $850 million to $1.1 billion.  EFH is telling the Railroad Commission ‘Trust us, we’re good for it’ even though the company debt is rated as junk status by the financial ratings agencies like Standard and Poor’s. What EFH is doing is like a family getting a second mortgage on a house and losing their jobs.  How can Texas regulators have any confidence that the assets of Luminant Generation will be protected from the bankruptcy process and available to cover future mining reclamation costs?

In a memo from the Railroad Commission (RRC) to Luminant Mining Company regarding Docket No C12-0006-SC-46-E, on the Oak Hill Mine application for replacement bond, it appears Luminant reassured the RRC that in their 2012 3rd quarter filing EFH’s liquidity amount (at that time) was $3.8B and that amount would be sufficient to cover all obligations including Luminant Minings reclamation needs.  However, we don’t know that this will still be the case 3 to 12 months from now should EFH file for bankruptcy.

We believe the RRC and Texas would be best served by requiring a more secure form of bonding for reclamation needs.

HB 2 by Laubenberg / Burkett / Harper-Brown / Bonnen, Greg / et al., – Relating to the regulation of abortion procedures, providers, and facilities; providing penalties. is scheduled to be heard on the House Floor tomorrow.  The House is scheduled to convene at 10 AM, and at this time HB 2 is the only item on the calendar.

The Senate Health & Human Services Committee is scheduled to take public testimony on SB 1 (Relating to the regulation of abortion procedures, providers, and facilities; providing penalties) starting at 10:00 AM on Monday, July 08, 2013.  The hearing will be in the Texas Capitol extension in room E1.036 (Finance Room) and they will start allowing witnesses to sign up outside the room starting at 9 am.

This is the Senate companion bill to HB2 which was heard in the House State Affairs Committee on Tuesday.  The House set a time limit on their hearing and in over 8 hours was only able to take oral testimony from 94 individuals.  While the notice for the Senate hearing does not have a hard end time and they are only allotting 2 minutes to each witness to maximize the committee’s ability to hear from as many individuals wishing to testify as possible, if 2,000 people register, it is unlikely they will be able to hear from everyone.  We have provided information below on how best to have your voice heard, whether you speak in front of the committee or not..

  • Get there as early as possible to register.  Witnesses are called at the discretion of the chair, but the earlier you register, the greater your chances are that you will be called.
  • Even if you are not prepared to stay all day to testify, or do not want to speak, show up to register.  You can indicate your position on the bill and that you are not testifying.  This will be included on the witness list.  You may only register for yourself and must do so in person.
  • If you can prepare your remarks in advance, please do so in writing.  Written testimony may be turned into the clerk to be distributed to members and even if you are not able to speak or have to leave before you are called, it becomes part of the public record.  You will need to supply 20 copies of the written testimony to the clerk with your name on each page.
  • Below is a simple sample format for written testimony.

Testimony of (your name here)

On behalf of (Organization name here) *optional

Against/On/For SB1

Before the Senate Committee on Health and Human Services

on July 8, 2013

 

Chairman Nelson and members of the committee, thank you for giving me this opportunity to speak before you.  My name is (your name here). I am here to speak (against/on/for) SB1.

State your concerns or reasons for your position.  If you agree with parts of a bill, state that up front and then tell the committee where you disagree.

Provide any data you wish the committee to have and be sure to provide your sources in the written materials.  You don’t have to take up your time stating them to the committee if speaking, but should have them in front of you in case the committee members ask where you got the information.

Tell your story.  Remember if you get to speak you only have 2 minutes and the more concise you are the less likely you will be cut off.  You can elaborate in your written testimony, but should also prepare something that will fit within the two minutes allowed you.

For those who showed up on Tuesday and stayed until midnight without getting the opportunity to speak, we hope you have that opportunity on Monday, but if not, these tips may still allow your voice to be heard.

NOTE: While I have my own position on this issue, our Texas office has not taken an official position, and that is why the sample written testimony format allows for all positions.

 

Senator Wendy Davis

Texas State Senator greeted enthusiastically by the crowds. by Karen Hadden

An estimated 5,000 demonstrators descended on the Texas Capitol today, with the majority expressing their opposition to new abortion restrictions that a Democratic filibuster led by state Senator Wendy Davis and raucous protests outside and inside the capitol derailed last week.

Today, Texas lawmakers convened a second special legislative session aimed at reviving the bill that would limit where, when and how women may obtain abortions in the state. Supporters say it will protect women’s health, while opponents say it is designed to shutter the majority of the state’s abortion clinics. Whatever is said about this law, the GOP dominated legislature is determined to pass it during this special session.

The session is also supposed to deal with a constitutional amendment for new highway funding and a juvenile justice measure that refines a no-parole provision for 17-year-olds convicted of capital murder in the wake of a U.S. Supreme Court ruling last summer that outlawed such sentencing schemes.

A special session costs taxpayers more than $800,000. Each lawmaker is given a $150 per diem to cover food and living expenses per day during a regular or special session. The longer a special session goes, the more money will be spent. If the second special session takes a full 30 days, Texans could be paying legislators nearly $1.6 million.  But the leadership has indicated that they are confident this session will not last the full 30 days as they railroad these three measures through.

 

Hearing tomorrow
That being said, the house just posted a notice of public hearing to hear testimony on HB 2 by Representative Jodie Laubenberg – (District 89 R-Parker), Relating to the regulation of abortion procedures, providers and facilities. The hearing is scheduled in front of the House State Affairs Committee in the Capitol Extension room E2.030 at 3:30 pm tomorrow, Tuesday, July 2nd.

The committee will receive testimony upon convening, until 12:01 a.m., July 3, 2013, and witnesses will be given 3 minutes for oral testimony. Written testimony is encouraged and appreciated.  If you would like to provide the committee with written testimony, please bring 15 copies.

The committee will be using the electronic witness affirmation system developed for the regular 83rd legislative session, and is available at registration kiosks located throughout the Capitol Extension.  Registration must be performed the day of the hearing and within the Capitol Complex — however, you may create a profile in advance from any internet connection. Please visit: www.house.state.tx.us/resources/.

NOTICE OF ASSISTANCE AT PUBLIC MEETINGS:  Persons with disabilities who plan to attend this meeting and who may need assistance, such as a sign language interpreter, are requested to contact Stacey Nicchio at (512) 463-0850, 72 hours prior to the meeting so that appropriate arrangements can be made.  Since the hearing is in 24 hours, I guess that means persons with disabilities are out of luck.

Despite the fact that the GOP leadership has told the world that this bill is going to pass, the spontaneous outpouring of support show by citizens from across the state has been a heartening display of democracy in action. The 83rd legislative session along with the two special sessions is a snapshot of how little our elected officials listen to what is important to Texans.  Perhaps this time, there will be consequences.

Check out these photos:

 

Thongs showed up

Thousands showed up #StandingWithWendy

A sea of orange in front of a pink granite capitol

A sea of orange in front of a pink granite capitol

Inside the capitol after the rally.

Inside the capitol after the rally.

James Montgomery, Associate Editor, RenewableEnergyWorld.com

Texas A&M University-Central Texas (TAMU-CT) is opening the doors for what it claims will be the planet’s biggest solar energy test facility, a 50-MW undertaking spanning both commercial demonstrations and testing, with an incubator program to shepherd newer technologies. The system also will produce all of the university’s power requirements (achieved via net metering), housing enough renewable energy to power the entire TAMU-CT’s campus.

Projected to cost nearly $600 million, the Center for Solar Energy will cover up to 800 acres in Bell County, TX, adjacent to the campus and neighboring Fort Hood. PPA Partners is developing the project, with “one of the 10 largest domestic electric contractors and renewable EPCs” handling installation of all the PV systems. The project will be built out in stages, or “blocks,” according to Bruce Mercy, executive director of the CSE. One financier (choosing to remain anonymous for the next 90 days or so) has already committed $25 million to build out the first block; another has been tentatively lined up and will be announced a few weeks after that, he said. Groundbreaking will begin shortly thereafter.

If any of this sounds familiar, perhaps it’s because PPA Partners and its CEO Bruce Mercy were behind a similar project at Arizona Western College (AWC), which compares five different solar technologies totaling 5 MW. There’s another connection: Marc Nigliazzo, president of TAMU-CT, was president at AWC when it devised and built out its evaluation project.

The plan for this solar center is far bigger in scale, though. Besides the 50-MW solar tech evaluation, the CSE also will be home to a National Photovolatic Innovation Competition and a Next-Generation Solar Technology Business Incubator, to identify and support early-stage solar technologies at or near the prototyping stage, with the goal to bring the best of them from concept to market within two years. Participants, selected by a combination of faculty and industry leaders, will receive a 30-KW site for their systems and support (e.g. monitoring equipment, staff & resources). Over 12 months they’ll be tested, graded, validated, and rated against the baseline of the entire 50-MW multi-technology site. Best-performing technologies will advance to a different demo site where data consisting of product grading, rating, etc. will be made public. TAMU-CT will provide support for business plan development, financial analysis, and installation analysis including costs, balance-of-system design, and performance validations such as UL testing. They’ll also help connect winners to VC and manufacturing interests. The University and CSE will “retain a minimal percentage” of IP rights licenses from any technology that goes through the program.

And the school has even bigger dreams for the center beyond the technology — accelerate research and curriculum development within various disciplines from tech to business development, extend collaboration to various partners within the TAMU system (a network of 11 universities and nine state agencies), and regional community college partners and school districts, said Nigliazzo.

“My challenge to Bruce in Arizona was to reduce the cost of electricity, strengthen [AWC’s] programs and the economy of the region [that was] suffering greatly from the recession,” Nigliazzo told the audience assembled at TAMU-CT. “The success of that is the basis of what is being announced today in Texas.”

kevin-fowler-slide

The Texas Commission on Environmental Quality along with Texas Parks and Wildlife has launched a new campaign to encourage everyone to Take Care of Texas’ environment.  A new website contains materials that range from general information about environmental programs to specific, step-by-step instructions that address common environmental situations.  To learn about ways to get involved, click here.