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Gov. Rick Perry has replaced all six of the Texas commissioners who sit on the Texas Low-Level Radioactive Waste Disposal Compact Commission reappointing only two previously serving commissioner.  The TLLRWDCC commissioner terms were modified by Senate Bill 1605 as part of the 82nd Legislature giving Perry the ability to replace commissioners whose positions he didn’t like with new commissioners.

The appointees were:

  •  Eric J. Doyal of Houston, a senior associate at Capital Point Partners. He is appointed for a term to expire Sept. 1, 2013.
  • Andrews County Judge Richard H. Dolgener, Dolgener was first appointed in 2008 and is appointed for a term to expire Sept. 1, 2015.
  • Milton B. Lee II of San Antonio, a registered professional engineer and retired CEO of CPS Energy who left amid the shakeup following the municipally owned utility’s failure to disclose a dramatic price increase in the estimated cost of two new nuclear reactors to the City Council before a major bond vote.  He is appointed for a term to expire Sept. 1, 2013.
  • Linda Morris of Waco, a licensed medical health physicist and the Department Chair of the  Environmental Health & Safety Technology Department at Texas State Technical College. She is appointed for a term to expire Sept. 1, 2017.
  • John Matthew Salsman of College Station, a certified health physicist and the director of Environmental Health and Safety at Texas A&M University. He is appointed for a term to expire Sept. 1, 2017.
  • Robert Wilson of Lockhart, an attorney and partner at Jackson, Sjoberg, McCarthy and Wilson. He is re-appointed for a term to expire Sept. 1, 2017, and will serve as chair of the commission for a term to expire at the pleasure of the governor.

California solar energy company Solyndra had its offices raided  last week by federal agents as part of an ongoing investigation into their bankruptcy and federal loan guarantees they’d received form the Department of Energy. Some critics have cried foul, trying to show how federal money spent on emerging technology is a waste. Others  have tried to disparage solar energy itself, trying to show the industry is not ready for prime time. In fact, these allegations couldn’t be further from the truth.

However, it does bring up important questions about the Obama administration, ethics, and the influence of campaign contributions. This is entirely a self-inflicted wound, a bone-headed mistake if not an ethical problem, and is the type of landmine the White House needs to avoid. There is another, similar trap they need to avoid touching in the Keystone XL tar sands pipeline, where Big Oil’s big money tendrils and the revolving door are even more frightening than those from Solyndra.

The first charge against Solyndra is the wastefulness of the federal loan guarantees that it received and the loan guarantee program in general.  Well, if solar was the only industry getting this aid, that might be something. But given the incredibly large amounts given in federal subsidies to fossil fuels compared to solar, that is not the case. Indeed, direct subsidies for nuclear in recent energy legislation adds up to over 13 billion (that’s with a b, kids) and recent loan guarantees for nuclear construction are over $60 billion, $18 billion of which have already been allocated in Georgia.  This amounts to a pre-emptive bailout of the nuclear industry, especially since the CBO estimates those loans will have a 50% default rate.

Other critics have gone after Solyndra because they say solar isn’t ready for prime time– while, in fact, it shows the opposite. Solyndra was pioneering a new method of making photovoltaic cells and got buried under the onslaught of cheap solar imports from China.  Their process, which you can see below, courtesy BusinessWire, is very different from traditional photvoltaic arrays.

[youtube=http://www.youtube.com/watch?v=j1GODzk0bgg]

Their technology just didn’t get cheap quickly enough compared to traditional PV manufacturing, largely from Chinese imports. But in the silver lining to that otherwise not as nice cloud, those same cheap Chinese imports have meant a huge boon to American manufacturing who provide many of the materials and heavy equipment needed to manufacture PV.

Meanwhile, because of that change, solar has reached grid parity in terms of its costs.  Grid parity means that the cost of producing electricity through a pv cell is less than or equal to the average cost of electricity.  Other companies are making huge solar breakthroughs. Solyndra, unfortunately, was not one of them. But this is market economics, and this is what we expect, nay, desire from our entrepreneurs.

Meanwhile, the Department of Energy, undeterred, has announced two more loan guarantee programs for solar innovation. Meanwhile, the Department of Defense is getting on the solar train, too, with a Solar City program that will provide clean energy to the homes of 160,000 of our troops and their families. I can’t think of a better way to commemorate 9/11 than with true energy independence being given to some of the most deserving among us.  Now, let’s just do it for all of our military, veterans, firefighters, police officers, teachers, and other public servants. But 160,000 homes to start with is pretty darn nice.

But why Solyndra is troublesome is because it appears undue influence may have been exerted to get them these loan guarantees.  One of Solyndra’s top investors was also a bundler for the Obama campaign responsible for tens of thousands of dollars in campaign donations.  A commitment to the highest ethical standards that the Obama Administration guaranteed when they took office meant they should have done extra due diligence on giving any loan guarantees to anyone with any sort of money connection to the White House. Every i dotted, every t crossed– special treatment, but special treatment to insure they weren’t receiving funds because of political donations. Indeed, they should have been held to a much higher standard than their peers.

This is an entirely self-inflicted wound on the part of the Obama Administration. It should have been avoided, and questions not only the ethics of those in charge but the rationality. Surely they should have seen this coming.

If they didn’t, here’s a warning sign for you: Keystone XL. The pipeline, proposed by Canadian company Transcanada, would bring the world’s dirtiest oil from the Alberta tar sands to refineries in the Houston area along the Texas Gulf Coast. They are currently doing their best to get the pipeline approved, including a slick PR campaign, push-polling in areas around where the pipeline would be and promising jobs if the pipeline is built, and using Washington’s revolving door of lobbyists, staff, and political consultants. Dirty money, dirty campaign, dirty tactics, dirty ethics. In fact, knowing that Secretary of State Hillary Clinton would be the final decider on whether the State Department issues the permit or not, Transcanada hired her former campaign operative Paul Elliot to be their chief lobbyist, among other hires with ties to the Obama campaign and administration.

Clinton and Obama approving Keystone XL would be another avoidable landmine for the White House. Unfortunately, this landmine has much more dire consequences if approved, as it would signal both Business as Usual in Washington with Big Oil getting their way, the end of any veneer of ethics or being serious about campaign finance by the Obama Administration, and. . .oh, “game over” for the planet because of runaway climate change.  More on this later.

Bastrop Texas wildfires

Wildfires rage over Labor Day near Bastrop, TX, southeast of Austin


Our hearts, prayers and thoughts go out to the people currently evacuated and who have lost their homes this holiday weekend. I, myself, having gone through losing a home to fire I send my best to all of you affected, and have already contacting folks via our church to find out how we can help. I’ll post links as soon as I can get them to give directly to disaster relief. UPDATE: KVUE has a great list they are updating with where to donate. Please give what you can.

This puts into focus several things that have been ruminating in my head all weekend, and it all comes back to this one question– Why does Rice play Texas?  This weekend, two of our nation’s best universities met on the football field. And while both Rice and University of Texas can duke it out on relatively equal footing on the basis of academics, Rice is. . . shall we say, not the athletic powerhouse that Texas is. So, why does Rice always begin its football season with a drubbing of 34-9 (hey, tip of the hat for getting 9 points on the scoreboard– I guarantee there will be teas that do less this year), with the Owls now having lost 41 games out of the last 42 meetings to the Longhorns? And here the answer lies with the other goings-on of this long weekend.

It started with a bang and whimper as our Caver-in-Chief, President Obama, announced he would overrule both the Supreme Court in Whitman v American Trucking Associations and the EPA in pulling back on the agency’s interstate smog rule that has been in the works since the Bush Administration. As Prof of Law Lisa Heinzerling points out in an excellent post over at Grist called Ozone Madness, this decision is wrong based on the law, the science, the economics, and the transparency.

While the President is trying to, I’d assume, take what he sees as the high ground and compromise with those people who claim that these regulations kill jobs, the opposite is, in fact, true. These National Ambient Air Quality Standards, or NAAQS, are set by the Clean Air Act and, defined by the Supreme Court, are to be based on the best available science about what levels of pollutants are healthy for human beings (people like you and me) to breathe. Tea partiers and some of their corporate paymasters in the fossil fuel industry have been caterwauling that these rules will be “too expensive” to implement, and therefore shut down a lot of old, dirty power plants.

coal smokestacks polluteUmmmm.. . . yes, please? Couldn’t we, nay, shouldn’t we shut them down? Our best available science tells us these pollution sources are making us sick. We need these life-saving regulations to help all of the sick children, the elderly, and just the plain folks who  suffer from asthma and other respiratory disease. Count up the missed school days, the missed work days, the premature deaths– count how they hobble our economy. How can children compete in a global economy if they are missing days from school sick because they can’t breathe? How much work is done not on time? How much lost productivity have we hamstrung our economic engine with to cater to people who don’t know how to compete in a modern energy economy against cleaner forms of production? Because the new EPA rules won’t shut down all power plants, only those who can’t compete, who can’t run cleanly. And since there is also good evidence to show that these sorts of life-enhancing regulations actually help, not hurt,  the economy. It also rebuts the White House’s own stated position that they posted just one. day. earlier. that clean air helps the economy, preventing in this year alone:

  • 160,000 premature deaths;
  • More than 80,000 emergency room visits;
  • Millions of cases of respiratory problems;
  • Millions of lost workdays, increasing productivity;
  • Millions of lost school days due to respiratory illness and other diseases caused or exacerbated by air pollution.

So aside from the doublespeak and the just plain bad policy, it looked like the Obama Administration is also taking early steps to signal that they will approve the Keystone XL pipeline to bring the world’s dirtiest and most carbon-intensive source of oil on the planet to Texas Gulf Coast refineries, despite weeks of protests involving thousands of people and hundreds of arrests.

The impact on the climate if this is approved? Well, according to Jim Hanson, one of our top climate scientists, he called it “essentially game over.” Or, as Bill Paxton in Aliens put it:  (WARNING: NSFW for swearsies, including the dreaded f-dash-dash-dash word)

[youtube=http://www.youtube.com/watch?v=dsx2vdn7gpY]

Ok, well, all kidding aside because this is deathly serious, as in the fate of the planet’s climate, THIS is what Jim Hanson told climate protesters outside the White House just before he was arrested for his part in the protest.

[youtube=http://www.youtube.com/watch?v=Lii5Q-meoro]

Bill McKibben, environmental activist and one of the ringleaders of the several weeks long protest event, said this on Friday about how this is not the end of the protests, it’s only the beginning:

[youtube=http://www.youtube.com/watch?v=EcBCLXBzYLg]

These are serious stakes. “Game Over” stakes. What does that mean? Well, for climate, if you’ve liked the record-breaking heat this year in Texas, you’re in luck, as this could easily become the new normal with climate change. And with the heat, we’ve got the huge economic impacts of the drought. For farmers and ranchers, the Dallas Morning News is reporting a 5 billion dollar loss. Thats Billion with a B, folks.

So next time someone starts talking about how it’s “too expensive” to deal with climate change, do what the Violent Femmes say to do and “Add it Up.” (warning:song lyrics also NSFW because of those darn swearsies)  Loss from hurricanes like Irene, loss from this summer’s floods and tornadoes in Joplin, loss from drought, loss from wildfires, loss to the economy from dirty air (since hotter temperatures mean worse smog), and tell me that just continuing to do nothing and just putting more carbon into the atmosphere is potentially the most expensive thing we can do.

JFK speaking at Rice University

So, what does this have to do with Rice vs Texas? Well, what we have here is political expediency and taking the easy path instead of fighting for what is right. Regulations, regardless of their impact on a multinational corporation’s bottom line, save lives, and improve lives. This is what Ralph Nader fought for when he wrote Unsafe at Any Speed. Corporate whining and their record-breaking profits are not more important than people, and people’s’ rights to breathe clean air, or live in a stable climate. I, for one, am not willing to give up on Central Texas, and let this become the new normal for climate. When I first came to Austin, my literal first impression of the area was “I now understand why people were willing to die at The Alamo to protect this land.”


Decades ago, another President came to Texas to challenge a nation to go to the moon before the end of the decade, and asked an assembled crowd at Rice University the magic question.

“Many years ago the great British explorer George Mallory, who was to die on Mount Everest, was asked why did he want to climb it. He said, “Because it is there.” … But why, some say, the moon? Why choose this as our goal? And they may well ask why climb the highest mountain? Why, 35 years ago, fly the Atlantic? Why does Rice play Texas?

President Kennedy answered his own question:

“We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win.”

Climate change is the same challenge, which I previously hit on in another blog post where I also used this quote. It is certainly one we must be willing to accept, unwilling to postpone, and which we intend to win.

[youtube=http://www.youtube.com/watch?v=ouRbkBAOGEw]

But, most importantly, he notes that “But this city of Houston, this state of Texas, this country of the United States was not built by those who waited and rested and wished to look behind them. This country was conquered by those who moved forward.”

Let me take liberty with JFK’s speech where he talks about the need to build a space industry and replace it with a clean energy economy. “If this capsule history of our progress teaches us anything, it is that man, in his quest for knowledge and progress, is determined and cannot be deterred. The [creation of a clean energy economy] will go ahead, whether we join in it or not, and it is one of the great adventures of all time, and no nation which expects to be the leader of other nations can expect to stay behind in this race for [clean energy].  Those who came before us made certain that this country rode the first waves of the industrial revolution, the first waves of modern invention, and the first wave of nuclear power, and this generation does not intend to founder in the backwash of the coming age of [energy]. We mean to be a part of it—we mean to lead it.

Our economic torpor, our environmental problems, and yes, our hurricanes and droughts and wildfires, are ALL things we can solve if we are willing to take this same leadership role. Surely there will be pollution in the future, there will be recessions, there will be storms and droughts and fires– but they will NOT be supercharged by an ever-increasing blanket of carbon making our planet warmer and warmer. We must stop doing the same things over and over, relying on fossil fuels, and expecting different results. We must put our courage to the sticking place, and say that we will not allow the voices of a few, economically powerful and well-connected industries to wreak untold havoc on us and our neighborhoods.

You’ll notice, in JFK’s speech, he talks about the costs that a trip to the moon will require. He advocates not spending money recklessly, but in spending a large amount of money to win this challenge.

To be sure, all this costs us all a good deal of money. This year’s space budget is three times what it was in January 1961, and it is greater than the space budget of the previous eight years combined. That budget now stands at 5 billion 400 million dollars a year—a staggering sum, though somewhat less than we pay for cigarettes and cigars every year. Space expenditures will soon rise some more, from 40 cents per person per week to more than 50 cents a week for every man, woman and child in the United States, for we have given this program a high national priority—even though I realize that this is in some measure an act of faith and vision, for we do not now know what benefits await us. But if I were to say, my fellow citizens, that we shall send to the moon, 240 thousand miles away from the control station in Houston, a giant rocket more than 300 feet tall, the length of this football field, made of new metal alloys, some of which have not yet been invented, capable of standing heat and stresses several times more than have ever been experienced, fitted together with a precision better than the finest watch, carrying all the equipment needed for propulsion, guidance, control, communications, food and survival, on an untried mission, to an unknown celestial body, and then return it safely to earth, re-entering the atmosphere at speeds of over 25 thousand miles per hour, causing heat about half that of the temperature of the sun—almost as hot as it is here today—and do all this, and do it right, and do it first before this decade is out—then we must be bold

However, I think we’re going to do it, and I think that we must pay what needs to be paid. I don’t think we ought to waste any money, but I think we ought to do the job.”

President Obama will be giving a speech on jobs later this week. In it, I’d love to hear even a smidgen of the boldness and realism of Kennedy. I’d love for him to recant his statement on the EPA smog rule, and say that he will stop the Keystone XL pipeline, as it will only increase our dependence on oil when we need to be quitting it. But I doubt it.

But, it could be worse. We could be realistically thinking about electing as President of the United States someone who believes climate change is a hoax, that climate scientists are in it for the money, and the best way to run a state is to slash the budget of the Forest Service, the agency responsible for fighting fires in Texas, by $34 million– almost one-third of its budget– on the eve of one of the most destructive fire seasons ever. It is worth noting that during the sunset hearings on the Texas Forest Service I testified as to the need of the Forest Service to engage in extra forecasting as to what a climate-change-fueled fire season would look like and be prepared to fight it, so this is a little bit of a personal issue for me.

Apologies for the political birdwalk and the sniping at the two likely major-party candidates for the Presidency. What is clear is what JFK was talking about: we must do things like fight climate change not because they are easy, but because they are hard, and because they are a challenge we are willing to accept and unwilling to postpone. It is a fight we must win, it is a fight for our very existence as we know it here in Texas.

This Saturday my alma mater will be coming to Austin to play Texas, and as my BYU Cougars sit as 4.5 point underdogs against the Longhorns, they and we must remember that this is why Rice plays Texas. This is why BYU plays Texas. To challenge ourselves, and organize our best efforts to make us better. That is why Rice plays Texas. And that is ultimately why we must get our head in the game on clean energy and quit our addictions to fossil fuels and their campaign contributions.

###

For updates on where exactly wildfires are raging in Texas, please visit http://ticc.tamu.edu/Response/FireActivity/

News Roundup for September 5, 2011

The Texas Progressive Alliance hopes everyone had a fine Labor Day weekend as we bring you this week’s roundup.

Off the Kuff looks at a movement to end pensions for public employees.

Amy Price is one of just a few progressives running for Houston City Council in 2011, and PDiddie at Brains and Eggs is helping her campaign.

WCNews at Eye On Williamson show that the Texas GOP’s next trick will be to come after pubic employee pension to protect their wealthy campaign contributors, “Wisconsin-style” pension scheme coming to Texas.

I guess my favorite Rick Perry getup is “tough cowboy who shoots coyote with laser pistol”. Libby Shaw has some of the others at TexasKaos. Read all about it in her piece: Rick Perry’s Colorful Costumes.

This week, McBlogger considers The Audacity of Hopelessness.

Neil at Texas Liberal noted the absence of Tea Party sponsored highway rest stops between Cincinnati and Columbus. Government plays a role in our everyday lives that some of us may only consider when they are constant attack.

With the beginning of the college football season this weekend, Citizen Andy asks “Why does Rice play Texas?” And how does it relate to the wildfires, Obama’s cave-in on the EPA’s smog rules, the Keystone XL tar sands pipeline protests, Hurricane Irene, and our continued drought and economic malaise, clean air, climate change, and a switch to a clean energy economy?

Electric Reliability Council of Texas

Image via Wikipedia

Its predicted that the entire state will have record temperatures this weekend. Please take all measures to avoid using unnecessary energy. They might have a hurricane on the east coast but we have a heat wave in Texas and there might not be enough electricity to go around.

Statement from ERCOT CEO Trip Doggett on the need for conservation through the weekend:

Our information indicates this weekend will be one of the hottest on record in some areas of Texas. Electric demand and usage will be extremely high and we need every person to help us conserve electricity between the hours of 3 p.m. and 7 p.m. on Saturday and Sunday.

Please help us keep the power flowing to every Texan in ERCOT by turning up your thermostat a few degrees if you’re able, turning off unnecessary lights and appliances and doing dishes and laundry in the morning or after 7 p.m.

Your efforts do make a difference and are appreciated.

Conservation Tips
Consumers can help by shutting off unnecessary lights and electrical appliances between 3 and 7 p.m., and delaying laundry and other activities requiring electricity-consuming appliances until later in the evening. Other conservation tips from the Public Utility Commission’s “Powerful Advice” include:
Turn off all unnecessary lights, appliances, and electronic equipment.
When at home, close blinds and drapes that get direct sun, set air conditioning thermostats to 78 degrees or higher, and use fans in occupied rooms to feel cooler.
When away from home, set air conditioning thermostats to 85 degrees and turn all fans off before you leave. Block the sun by closing blinds or drapes on windows that will get direct sun.
• Do not use your dishwasher, laundry equipment, hair dryers, coffee makers, or other home appliances during the peak hours of 3 to 7 p.m.
• Avoid opening refrigerators or freezers more than necessary.
• Use microwaves for cooking instead of an electric range or oven.
• Set your pool pump to run in the early morning or evening instead of the afternoon.

Businesses should minimize the use of electric lighting and electricity-consuming equipment as much as possible. Large consumers of electricity should consider shutting down or reducing non-essential production processes.

Media Contact: Theresa Gage
tgage@ercot.com

###

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.

Earlier today I got on a scheduled phone call with some of the staff in our D.C. office just after they had come back into their building after evacuating during the 5.8 magnitude Virginia earthquake that rattled buildings and nerves all the way to New York City.  They, of course, had more immediate concerns but thoughts for many folks here in the Texas office immediately went to “What nuclear plants are in the area.”  And, sure enough, not minutes after I got back to to my desk I found an Nuclear Regulatory Commission (NRC) alert announcing that this earthquake also triggered the shutdown of a nearby nuclear power plant and spurred declarations of “unusual events” at plants as far away as Michigan.

Dominion Virginia Power reported that both reactors at its North Anna plant, less than 20 miles from the epicenter of the magnitude-5.8 quake, shut down after the first tremors and vented steam, but there was no release of radioactive material.  Off-site electric power has been interrupted, but right now, the operator is reporting that the plant is operating on emergency power and the units were safely deactivated.

North Anna’s operators were preparing to manually shut down the units after the quake when the power station’s operating system automatically powered down both units when off-site power was lost.

The plant has four diesel generators supplying backup power and those generators have three days of fuel. However, off-site electric power was expected to be restored later today.

Update:

The plant ran on emergency diesel generating power overnight and off-site power was restored today, August 24th.

The North Anna plant is about 50 miles northwest of Richmond and about 90 miles southwest of Washington. Operators declared an alert — the second-lowest level of emergency reporting under U.S. nuclear regulations — after the quake struck shortly before 2 p.m., the Nuclear Regulatory Commission said.

Twelve other plants in six states issued an “unusual event” declaration, the lowest level of emergency notice, according to the NRC. They included the Shearon Harris plant in North Carolina; the Calvert Cliffs plant in Maryland; Pennsylvania’s Susquehanna, Three Mile Island, Limerick and Peach Bottom plants; the Oyster Creek, Hope Creek and Salem plants in New Jersey; and the D.C. Cook and Palisades plants in Michigan.  All of these plants are continuing to operate, but plant personnel are examining the sites for any damage or problems.

Let’s hope they get everything squared away before Irene hits somewhere along the eastern seaboard in the next 4 to 5 days.  One track show it coming into the Washington, DC area still as a Category 1 hurricane.

melting planetToday Austin’s temps will soar back into the 100’s for our 69th day this year of over 100 degrees. This  will break a record that has stood since 1925 for the most days over 100 degrees, as we begin another round of heat advisories lasting through the weekend of 100+ degree weather. Since we’re going to not just be breaking the record, but adding several more days onto it (to a total of at least 73 or 74- assuming this is the last hot pattern we have in the next month), we may want to ask ourselves what is going on?

Well, we are faced with a La Nina weather pattern, bringing hot, dry weather to the Lonestar state. La Ninas have happened before and they’ll happen again- as evidence by the 86 year old record og 68 days of 100+ heat. For it to be hot in Texas in the summer is normal, but it’s not normal for it to be this hot for this many days.

Which brings us to climate change. Scientists theorizing about climate change decades ago predicted exactly what we are seeing now: slight upticks in temperature giving us more slightly hotter days. So, a day that would normally be 98 or 99 is now 101 or 102 due to the radiative forcings of the greenhouse gases in our atmosphere. Or, like this informative video from Futurama explains it:

[youtube=http://www.youtube.com/watch?v=2taViFH_6_Y&feature=fvwp&NR=1]

Things are even getting so bad that they’re delaying Texas football games by an hour to let the temperatures cool off.  So, as unprecedented as these individual points are, they don’t necessarilly individually indicate a pattern of warming. However, when you consider that in 2009 we were also in danger of breaking the 1925 record, and 2008 was also an unseasonably hot year, the fact that climate is getting hotter is in no doubt.

truth o meter rick perry false climate changeMeanwhile, there are a lot of folks wasting their time debating the science of climate change. Our Texas governor, Rick Perry, himself a well-known source of greenhouse gases, recently told people in New Hampshire that “I think there are a substantial number of scientists who have manipulated data so that they will have dollars rolling into their projects. I think we’re seeing it almost weekly or even daily, scientists who are coming forward and questioning the original idea that man-made global warming is what is causing the climate to change.” Call me crazy, but Perry sounds. . . well, crazy. Politifact looked into it and called his statement False.  That’s putting it nicely.  Perry was probably obliquely referring to the non-scandal known as Climategate, the only real scandal of which was that several scientists had their private emails hacked and published. Despite looking for problems with the scientists’ actual work reviews by several major agencies have cleared the scientists, including yet another one, today, from the National Science Foundation.

So, it’s hot. Those of us with functioning brains can understand why it’s hot, and getting hotter. So what do we do about it?

The first and most obvious step is energy efficiency. If we’re going to be demanding more cooling, rather than pumping out more pollution, let’s use that energy as efficiently as we can by sealing leaks in our homes, offices, etc. Let’s use more efficient lighting and appliances, all of which help keep our energy bills low. Let’s look at harnessing the power of that big hot Texas sun to do more than just melt our snowcones. Let’s look at oru energy policy holistically so that we can come up with cheaper, cleaner, cooler solutions to our energy needs.

TCEQ will soon be making some big decisions on how to implement reforms passed during the last legislative session, especially on its penalty policy–and your input is needed quickly:

  • Comments are due on August 30th

Last session, Public Citizen worked with a partnership, The Alliance for a Clean Texas (ACT), and thanks to the efforts of thousands of citizens who joined forces with ACT, the Texas Legislature made some very important improvements to TCEQ’s laws regarding enforcement policies and penalties for polluters.

Lawmakers raised penalties to $25,000 per violation and told TCEQ to minimize the economic benefit to polluters of breaking the law. Now, to make these new policies work, TCEQ commissioners must adopt rules that address:

  • The economic impact of decisions to pollute (The state auditor has previously found that fines are 1/8 of the economic value gained by violating the law.)
  • How to assess fines for repeat violators.
  • Whether to assess a separate fine to each permit violation or just one per overall incident, called speciation. (This can make a huge difference in the size of the fines and the incentive for companies to not pollute.)
  • Whether to put TCEQ’s enforcement policies into the rules or just adopt them as general guidelines. (Putting the policies into rule makes them stronger and harder for the TCEQ to let polluters off with inadequate penalties.)

Comments are due August 30th on these rules. To sign on to ACT’s draft comments, go here. You may also use them to develop for your own comments. You can find tips about writing comments here. Go here for the TCEQ Sunset Process hub on the ACT website.

The Electric Reliability Council of Texas (ERCOT), the operators of the Texas electric grid, has released its Emerging technologies report that includes the state of renewables on the Texas grid.

Monthly wind energy graph

Some interesting facts show that wind generation continues to provide a significant amount of energy to the grid as the technology matures, new turbines are developed and better tools are put in place to maximize the turbines generation. The effects of the CREZ (certified renewable energy zone) transmission line build out are starting to be seen as congestion from wind rich west Texas is reduced and more energy is being able to be delivered to the major urban ares. The report shows that wind generation provided 9.9% of the total energy used from January thru June of this year.

Other good news is that the capacity factor (100% capacity factor would be a perfect generator running flat out all of the time all 8760 hours of the year) for the wind fleet has now reached 38.3%  and continues to increase, that’s better than a lot of natural gas plants.

In addition on June 19, 2011, at 10:26 PM, ERCOT set a record for instantaneous wind generation of 7,355 MW (which represented 77.6% of installed wind generation capacity and 14.6% of the ERCOT load at the time).  This broke the previous instantaneous wind generation record of 7,227 MW set on December 10, 2010. So much for wind not working in the summertime.

The amount of wind produced energy continues to increase and the new coastal wind farms have been a major contributor.  According to the CEO of ERCOT wind has saved us a couple of times this year. Back during the February 3rd rolling blackouts the wind farms played a large roll in keeping the grid running when the aging fleet of fossil fuel generators, along with some brand new ones, failed in the cold.  Then during the current heat wave, the coastal wind farms supplied around 2000 mw of much needed energy during one of the highest energy demand days, keeping the lights on. Perhaps the PUC should start paying more attention and let us add some solar to the mix instead of letting the 500mw non-wind project expire as they did.

ERCOT Wind Generation Capacity

Recently San Antonio put out a request for a large solar project and was bombarded with proposals.  ERCOT then announced they are planning to un-mothball several old gas plants just in case we run short on energy again.  It’s the same thing we saw during the legislative session – the fossil fuel companies got to keep billions in tax breaks but solar didn’t get a dime.   Now the PUC is having a meeting (August 22nd) on how they can “fix” the market to get more generation built when they already have the tools and the opportunity staring them in the face.

During a recent ERCOT meeting held at the peak of the energy demand, I over heard folks saying how “it sure would be nice to have some more solar on the system.” Perhaps the politicians should get out of the way and let the engineers do their job.   The public power utilities (municipally owned and rural electric cooperatives) are leading the way.  San Antonio is looking to build 400mw utility scale solar, Austins 30mw Webberville project moving along and several other Munis and Co-ops looking to build solar projects.  But where is the much vaunted deregulated energy market when we need them?  Relying on 30-50years old smelly, toxin spewing existing fleets – or business as usual.

As Texas bakes in the the record summer heat wave and our scarce water resources are being sucked up by traditional power plants ( a typical coal plant can use 10 million gallons of water a day) low impact non polluting energy sources are being allowed to languish on the sidelines. Its time to get with it, and bring some new industries, more jobs and clean renewable energy to the Texas grid to keep the lights on and meet the EPA regulations for clean air and water for us and our children to enjoy. Companies want to build 3000 MW of offshore wind beyond the barrier islands south of Corpus Christi, and there is a 10,000 mw farm that is in the plans to be built up in the Panhandle.

To paraphrase, the answer my friends truly seems to be blowing in the wind, just as the sun comes up every morning.

Energy companies are increasingly suing South Texas landowners as they work to build pipelines to accommodate surging oil and gas production.

The question isn’t whether a company can route a pipeline across a property owner’s land.  Pipeline companies, under Texas law, wield the power of eminent domain and can use it to acquire an easement even if the property owner opposes it.  But landowners can negotiate for compensation and when those talks break down, companies can file suit.  Actually, all the companies have to do is make and offer and if the landowner doesn’t accept, then they can file suit (really hardly a negotiation, more like a shakedown).

In 2011, pipeline companies have filed at least 184 lawsuits against landowners in four South Texas counties, but concerns about pipelines snaking across your property whether you want them to or not should be of concern to more than South Texans.  Folks in the DFW area have already expressed concern over the probability of increase pipelines in their region with the every expanding fracking industry.  And many property owners along a proposed tar sands pipeline from Canada to Houston have already experienced heavy-handed treatment from the pipeline company, even though many of the needed permits are not yet in place.

So while fracking or tar sands mining may not be happening in your backyard, it doesn’t mean that these activities won’t affect you directly.

If you want to read more about the proposed tar sands pipeline and the proposed pipeline routes, click here.

Leave it to Texans for Public Justice to bring us another strange but true tale from the world of Texas lobbyists.

A well known Texas lobbyist was recently caught writing himself unauthorized checks out of a client’s political committee.  That in and of itself is not strange, wrong, but not strange.  The strange part is that a sane lobbyist would have chiseled every other client before targeting a trade association for loan sharks! Click here to read TPJ’s Lobby Watch with this story.

The worst Texas drought since the 1950s has a handful of cities facing a prospect they’ve never encountered before: running out of water.

Many lakes and reservoirs across the state are badly depleted after more than a month of 100-degree temperatures and less than 1 inch of rain. The worst-off communities are already trying to run pipes to distant water, drilling emergency wells bringing on systems that turn waste water into tap water and banning water use for virtually anything beyond drinking, bathing and keeping businesses working.

Worst-case scenarios have a few towns running out of water in a matter of months.  Although Texas cities have gone bone-dry before —Throckmorton in 2000 — the nearly 500 water systems statewide now under some mandatory restrictions appear unprecedented.

Prayer gatherings for rain have been held across the state, the most notable being called by Governor Rick Perry in July.  So far, these measures have not brought even the promise of rain for most of us.

In the town of Llano, near Austin, which went to Stage 5 water restrictions back around the 4th of July weekend, officials have made a contingency plan to roll trucks of bottled water into town if rain doesn’t start to replenish the water supply, and workers are drilling test wells into parched, rock-like soil. Water restrictions are in effect in unprecedented in places like Midland, where barely a half-inch of rain has fallen since October of 2010.

If La Nina conditions return this fall, which the Climate Prediction Center says is likely, Texas is unlikely to see any significant relief from this drought well into next year.

As I sit at my desk with the sun pouring through the window heating everything around me, knowing that just outside the front door it is still a soil scorching 103 degrees F, I think that it may be time to raise the specter of (duhn-duhn-duhhhhhhn) CLIMATE CHANGE.  Even if Governor Perry is traveling around the country telling everyone that scientists have cooked up the data on global warming for the cash, the numbers here in Texas seem to be refuting his claim and you can expect to see us blogging about it soon.

So far, there are nine candidates for the PUC Commission position that was vacated by PUC Chair, Barry Smitherman, when he resigned after being appointed by Governor Perry to the Texas Railroad Commission.   Included in the slate of candidates are attorneys, elected officials, and civil engineer.

The Public Utility Commission of Texas regulates the state’s electric and telecommunication utilities, implements respective legislation, and offers customer assistance in resolving consumer complaints.

Since the introduction of competition in both the local and long distance telecommunications markets and the wholesale and retail electric markets, the PUC has also played an important role in overseeing the transition to competition and ensuring that customers receive the intended benefits of competition.

The most recent person to throw their hat into the ring is Douglas Carter Davis, a senior policy adviser on redistricting to Lt. Gov. David Dewhurst and a former employee of Gov. Rick Perry.“I believe that my familiarity with the Governor’s philosophy makes me a unique candidate for appointment,” Davis wrote in expressing his interest in either being named a commissioner at the PUC or the Texas Commission on Environmental Quality.  His references include Dewhurst, Texas Agriculture Commissioner Todd Staples, and Sens. Kel Seliger (R-Amarillo) and Tommy Williams (R-The Woodlands)

Douglas Carter Davis

Attorney John Mark McWatters serves on the U.S. Senate’s congressional oversight panel for the $700 billion Troubled Asset Relief Program.  His wife is a vice president and general counsel at Holly Corp. and Holly Energy Partners LP.  His references include U.S. Rep. Jeb Hensarling and former Securities and Exchange Commissioner Paul Atkins.
Evin Lee Caraway III, is president and CEO of Worth Casualty Co., holds a law degree from Texas Tech University and has been named a “Super Lawyer” by Texas Monthlysix times.  His references include Todd Staples and former PUC Chair, Barry Smitherman.

E.L. Caraway

Candidate, attorney Kenneth Bruce Florence Jr. of Center lists among his accomplishments that he a member of the genius society called MENSA, has a pilot’s license and has practiced law in Kenai, Alaska.
Nelson Humberto Balido, president of the tri-national Border Trade Alliance, says he’s happy to fill a post “anywhere the Governor needs me!” Anywhere the Governor might need him included Secretary of State, Transportation Commission and Texas Tech Board of Regents.

Nelson Humberto Balido

Leander Mayor John D. Cowman, a  real estate broker, confessed to being delinquent on his federal taxes in 2006 but also noted that he began mowing yards at age 10 and grew up in California where he enjoyed surfing and playing baseball. His references include U.S. Rep. John Carter and state Rep. John Schwertner, both Republicans from Georgetown.According to the Leander Ledger, the Mayor is is currently under an investigation by Texas Rangers following a complaint filed with the district attorney for allegations of misconduct and corruption of a city official.

John D. Cowman

Sugar Land City Councilwoman Jacqueline Baly Chaumette, who previously was appointed a director of the Brazos River Authority by Perry.

Jacqueline Baly Chaumette

Comal County Commissioner Gregory Parker who authored a book entitled “Global Warming. . . Really?” (obviously a climate change denier, a trait Governor Perry has rewarded handsomely in the past) and speaks frequently about energy issues to Republican and Tea Party organizations.

Gregory Parker

And finally, J. Paul Oxer, a civil engineer and managing director of McDaniel, Hunter & Price, Inc., said he once participated in class action lawsuits against his former employer, Enron, seeking benefits and severance pay. He was also a high school valedictorian who pleaded no contest in 1973 in DeKalb, Ga., to a misdemeanor charge of theft by taking. He noted that his probation included no fine and no reporting requirement.He wrote about this charge on his application that, “Even though it occurred more than 37 years ago, I’m including this information in the interests of completeness and integrity in answering all questions,”

J. Paul Oxer

The information here was gleaned by the Texas Energy Report from 91 pages of records released to them by Perry’s office under the Texas Public Information Act.

Obviously we don’t have the entire file on these folks, but given the important mission the PUC plays in Texas and the little bit of information provided by the Texas Energy Report’s review of the candidate records, we are interested in who you might choose for PUC Commissioner if you were Governor.

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The Nuclear Regulatory Commission is seeking public comment on proposed revisions to its policy statement on volume reduction of low-level radioactive waste (LLRW).

The proposed revisions would urge licensees to minimize the volume of waste they produce since such a focus will extend the operational lifetime of the existing commercial low-level disposal sites and reduce the number of waste shipments.

The revised policy statement, however, would also recognize that volume reduction is only one aspect of an effective program for managing radioactive waste.
According to the draft policy statement, licensees should consider all means available to manage waste in a manner that is secure, and protects public health and safety. Such means include waste minimization; short-term storage and decay; long-term storage; use of the alternative disposal provision in NRC regulations at 10 CFR 20.2002; use of waste processing technologies; and use of licensed disposal facilities.

About 96 percent of all LLRW is generated by nuclear power plants. The remainder is generated by fuel cycle facilities such as uranium enrichment plants, and materials licensees such as hospitals, research institutes and universities.

Public comments will be accepted through Sept. 14. They may be submitted through the federal government’s rulemaking website at www.regulations.gov, using Docket ID NRC-2011-0183; or by mail to Cindy Bladey, Chief, Rules Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

It is looking like the 2012 election will be dominated by the Super PAC.  If you thought your voice counted for little before, check out this MSNBC story on the new powerhouse super PAC called “Make Us Great Again” which, while claiming it is independent, just launched a website filled with photos of Rick Perry and campaign bullet points about the governor’s record creating jobs and lowering taxes in Texas.  No mention about slashing public education funding or what types of jobs were created in the state.