Category Archives: Law

Vogtle circular firing squad delaying opening

Southern Company and the other owners of Plant Vogtle are blaming the contractors (who are suing them) for further delays in construction. How much money will they waste before they never open?

Kristi E. Swartz wrote for the AJC yesterday, Disputed costs at Vogtle rise,

Georgia Power and a group of municipal and cooperative electric companies are building twin 1,100-megawatt reactors, the first in the United States to win permits in 30 years. The total expected cost of the project is $14 billion, but potential cost overruns at Vogtle, located in Waynesboro in east Georgia, continue to grow, according to the recent Southern Co. regulatory filing.

Delays in getting federal licensing approvals for the new reactor design and then for the entire project have been cited as the chief culprit.

Because of the dispute with contractors over the additional costs, “the owners are evaluating whether maintaining the currently scheduled commercial operation dates of 2016 and 2017 remains in the best interest of their customers,” the filing said. The total amount of the cost overruns could be well over $900 million; Georgia Power owns 45.7 percent of the project, so its share is $425 million, the latest filing said. Originally the overrun was projected at $400 million when the issue was first made public in April.

Up another $25 million since April? How long until it gets into billions of cost overruns? Which will be paid by whom?

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Video of stealth education panel at Lowndes High last night

Here’s George Boston Rhynes’ first video from last night’s stealth education panel. The VDT covered it, but, presumably due to its bizarre policy of not covering candidates for office, the VDT didn’t even mention that J.C. Cunningham, Democrat running for Georgia House District 175, was present, even though the VDT posted pictures and quotes from the incumbent, Republican Amy Carter, who apparently organized the panel. Charter schools were discussed; see below after the video.

Video of stealth education panel at Lowndes High last night
Video by George Boston Rhynes for K.V.C.I and bostongbr on YouTube,
Valdosta, Lowndes County, Georgia, 14 August 2012.

On the panel, left to right:

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Vermont protests against wind vs. nuclear

Compare 6 arrested of about 25 demonstrators against Green Mountain Power’s wind energy project on Lowell Mountain vs. 130 arrested of a thousand protesting in March against the Vermont Yankee nuclear plant.

Also notice what they were protesting. The location on Lowell Mountain, as damaging the mountain top and being unsightly, plus:

“I feel like they [GMP] only went through the public process to a point, and the process is flawed,” said Young, a self-employed logger and farmer from Westfield. “Community members don’t have the resources to have a strong voice. It’s complex, expensive, and lawyers don’t want to do it.”

At Vermont Yankee, the protests were against radioactive leaks, nuclear waste, and this:

Yankee’s initial 40-year license expired Wednesday. The plant is still running, under a 20-year extension from the federal Nuclear Regulatory Commission—despite a vote by the state senate not to allow the plant to continue operating in Vermont.

A common theme is lack of democratic oversight, although even that seems greater in degree for Vermont Yankee. We are familiar with that issue in Georgia, where there’s an election going on for Public Service Commissioners and legislators.

Another common theme is that it’s complex and expensive, which is indeed an issue for big wind projects. Power companies like them as big as they can build them because that fits their corporate bureaucracy. They can instead be smaller and distributed. Nuclear power plants, on the other hand, are always big, bureaucratic, and expensive.

While I thoroughly sympathize with the Lowell Mountain protesters about the mountain top issues, I don’t see anything about them protesting the risk of a wind spill. Risks of nuclear radioactive contamination are very real, and are among the Vermont Yankee protesters’ main issues. Wind off the coast of Georgia would not have that problem.

-jsq

 

Plant Vogtle water use

Apparently the nuclear reactors at Plant Vogtle will use more water than the City of Savannah, and more than agricultural uses for the middle Savannah River watershed. Much of the water (3/4?) is evaporated, leaving less for drinking, farming, and everything else. What goes back in the river is rest warmer than it came out, affecting everything that lives in the river. Remind me: why are we building those nukes instead of solar and wind generators, which use no water while producing power?

Plant Vogtle currently uses 43.2 million gallons of water a day, and with all 4 units, is planned to use 86.4 million gallons of water a day, or 2% of the *average* flow of the Savannah River, according to UNC’s Powering A Nation journalism team, 9 June 2010.

That’s more than the City of Savannah, according to the City of Savannah.

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ALEC behind Georgia charter school referendum

ALEC has been pushing charter schools in Georgia, both through “our state legislators” sponsoring bills and through the National Association of Charter School Authorizers (NACSA). We already got that private prison customer law HB 87 from ALEC; why would we want to approve an ALEC-sponsored law to let Atlanta siphon public school money to charter schools?

Salvatore Colleluori & Brian Powell wrote for MediaMatters 9 May 2012, How ALEC Is Quietly Influencing Education Reform In Georgia,

Georgia media have been silent as members of ALEC in Georgia’s legislature have successfully pushed through a version of ALEC’s Charter Schools Act, which would create a state-controlled board with the power to establish and fund charter schools over local opposition. A Media Matters analysis found that while Georgia media have frequently written about the bills, they have completely overlooked ALEC’s influence in the debate.

The article details how at least two of the statehouse sponsors of the relevant bills are ALEC members: Speaker Pro Tempore Jan Jones R 46 and Majority Whip Edward Lindsey R 54. Remember them, from the list of Georgia Legislators with ALEC Ties? You thought maybe that list was hypothetical and of little effect? Nope, these bills echo ALEC model charter school legislation, and these ALEC legislators actively pushed them into law. Plus look at the titles these two legislators have on their own legislative websites: Speaker Pro Tempore and Majority Whip. How close is that to our legislature being owned lock, stock, and barrel by ALEC?

But wait! There’s more…. Lee Fang wrote for Republic Report 14 May 2012, Charter School Lobby Group Quits ALEC Two Days After Being Identified By Republic Report,

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Georgia would send much more money per student to charter schools than to public schools

An AJC columnist asked the state Department of Education to check figures from Herb Garrett, Executive Director of the Georgia School Superintendents Association, that the proposed charter school law would have the state send much more money per student to charter schools than to public schools. The DoE confirmed it. We can’t afford to have public schools sucked dry for Atlanta-picked charter schools. And yes, this is another ALEC boondoggle.

Maureen Downey wrote for the AJC today, Under new law, state will send more funds per child to state charter schools than local systems

Given this funding disparity, though, it would make far more sense now for aspiring charter schools to seek state approval rather than local.

We need the state to fund public schools determined by local school boards; we don’t need the state rigging the system to divert public school funds to Atlanta-chosen charter schools.

The Democratic primary ballot had an opinion item about charter schools:

Democratic Party Question 1: Should the Georgia Constitution be amended to allow the state to override locally elected school boards’ decisions when it comes to the creation of charter schools in your county or city?

Democratic voters said by 56% they don’t want the charter school law.

However, that primary question was non-binding. The real charter school referendum will be on the November general election ballot. Here’s yet another reason to vote it down.

-jsq

ALEC responds to Sierra Club report

Received yesterday on Sierra Club reports on big fossil fuel’s coordinated attack on clean energy. My comments below. -jsq

Although the Sierra Club was notified of the errors in their report, they have yet to address them. In addition, neither fact checking nor communication was attempted by the Sierra Club on claims made in this report.

In response to this error-filled report , here is a short statement and brief fact check.

http://www.alec.org/fact-setting-response-to-sierra-club-report/

-Todd Wynn

And if you follow that link you find these things:

The American Legislative Exchange Council is not against renewable energy in any form….

ALEC believes that free markets in energy produce more options, more energy, lower prices and less economic disruptions. Also, ALEC believes that mandates to transform the energy sector and use renewable energy sources place the government in the unfair position of choosing winners and losers, keeping alive industries that are dependent on special interest lobbying. ALEC opposes mandates and therefore opposes infighting among fuel sources. ALEC also believes that government programs designed to encourage and advance energy technologies should not reduce energy choices or supply. They should not limit the production of electricity, for example, to only politically preferable technologies.

Translation: ALEC opposes renewable energy portfolio (REP) standards, which is one of the main points of the Sierra Club report. So ALEC’s rebuttal actually supports that point.

The rest of ALEC’s response is fiddling around the edges about Continue reading →

CWIP for SO’s Kemper Coal Plant in Mississippi

Southern Company (SO) is playing the CWIP game of charging customers for electricity they won’t for years with coal in Kemper, Mississippi, not just with nuclear at Plant Vogtle in Georgia. Maybe we should elect some new Georgia Public Service Commissioners so we won’t see the kind of behavior Mississippi’s PSC has turned to.

Cassandra Sweet wrote for Dow Jones and WSJ 25 July 2012, 2nd UPDATE: Southern Co. Second-Quarter Profit Up as Economy Improves,

The company is proceeding with construction of a $2.88 billion advanced-coal plant in Mississippi, despite a decision last month by state regulators to deny a $55 million rate increase the company requested while a related court case is pending. The company’s Mississippi Power unit has filed an appeal of that decision with the state Supreme Court, and argues that without the rate increase it won’t be able to cover certain project expenses that could boost its customers’ future costs.

Mississippi’s Public Service Commission actually denied that rate increase, partly due to opposition from AARP, Sierr Club, and other concerned organizations and citizens. Imagine Georgia’s captive PSC doing that! Mississippi Power took it all the way to the MS Supreme Court, challenged by MS Sierra Club, and that Supreme Court also denied the rate increase. According to MS Sierra Club:

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Sierra Club reports on big fossil fuel’s coordinated attack on clean energy

Sierra Club has dug up the money trail connecting fossil fuel companies funding with current legislative attempts to block renewable energy such as solar and wind. And there’s our old friend ALEC!

Sierra Club PR today, “Clean Energy Under Siege” Study Follows Money Trail Behind Campaign Against Renewable Energy

If well-funded opponents of clean energy are willing to commit resources to hurting their enemies at the federal level, it only follows that they would pursue their goals in state and local venues as well.

FIGURE 1 — TOP 10 OIL & GAS LOBBYING COMPANIES, 2011
Client/Parent Total
ConocoPhillips $20,557,043
Royal Dutch Shell $14,790,000
Exxon Mobil $12,730,000
Chevron Corp. $9,510,000

State Renewable Portfolio Standards have long been regarded as a major driver for the addition of renewable energy generation. RPS’s have been established in some form in 30 states and generally require a utility to produce an increasing percentage of the electricity they sell from renewable sources. Wind energy has been a particular beneficiary of state RPS laws and has also helped lower the overall cost of electricity in many of those states.

Groups like the American Legislative Exchange Council (ALEC) are a clear and present threat to state RPS laws. ALEC describes itself as a nonprofit group that “works to advance the fundamental principles of free-market enterprise, limited government, and federalism at the state level….”23 ALEC’s modus operandi is to provide state lawmakers with “model legislation” that will carry out the goals of its corporate members.

They have had significant success with several initiatives. One high-profile example is the “stand your ground” law — ALEC-authored legislation that was implemented nearly word-for-word across several states.

Let’s not forget Georgia’s HB 87 “anti-immigration” law, based on a model bill that ALEC-affiliated legislators proposed in at least 24 states. A law that actually creates new misdemeanors and felonies that feed the private prison industry, such as Corrections Corporation of America (CCA), which tried to build a private prison in Lowndes County, Georgia.

ALEC is also pushing a charter school law that the Georgia legislature passed that put a referendum on November’s ballot to authorize Atlanta overriding local school boards. Privatizing schools would do no more to improve education than privatizing prisons has done to improve incarceration. It’s all about fiddling laws for the profit of ALEC’s cronies.

Today, ALEC is in the process of approving anti-RPS language to send to willing sponsors in state Houses across the nation.

Here’s the gist of the whole thing:

It is a testament to the success and rapid growth of clean-energy resources that they are now regarded as enough of a threat to draw fire from some of the largest, most powerful corporations on the planet.

Those would be the corporations that are making historic record profits by Continue reading →

Incumbents win GA PSC primary, face general election challengers

At least they had primary opposition, and there’s still the general election in which to challenge the Georgia PSC incumbents. Even the incumbents aren’t defending coal anymore. Keep up the pressure and maybe they’ll finally get us solar and wind energy, or, even better, we’ll elect someone who will. Steve Oppenheimer and David Staples are running in the general election.

GA PSC primary results

Ray Henry wrote for AP today, Chuck Eaton, Stan Wise win Republican primaries for Ga. Public Service Commission

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