NY Times: Energy firms in secretive alliance with Attorneys General; Oklahoma Attorney General’s emails show partnership with energy companies

A very disturbing article from the New York Times about energy industry and Attorneys General working together collaboratively. An earlier investigative article dealt with lobbying

The language being used in these relationships and from these officials includes “rule of law” and “constitutional crisis”, defined in a way quite different from the public.

“The founders recognized that power concentrated in a few is a bad thing,” Mr. Pruitt said.

Who are “a few”, Mr. Pruitt? According to him, it’s “a very dysfunctional, distrustful political environment” that causes people to question his actions, not the enormous conflict-of-interest.

Thankfully, there are Attorneys General who don’t go along with this pattern, but it’s up to the public to stay informed and make sure their officials are representing them, not special interests.

http://www.nytimes.com/2014/12/07/us/politics/energy-firms-in-secretive-alliance-with-attorneys-general.html?_r=0

By Eric Lipton, December 6, 2014

The letter to the Environmental Protection Agency from Attorney General Scott Pruitt of Oklahoma carried a blunt accusation: Federal regulators were grossly overestimating the amount of air pollution caused by energy companies drilling new natural gas wells in his state.

But Mr. Pruitt left out one critical point. The three-page letter was written by lawyers for Devon Energy, one of Oklahoma’s biggest oil and gas companies, and was delivered to him by Devon’s chief of lobbying.

“Outstanding!” William F. Whitsitt, who at the time directed government relations at the company, said in a note to Mr. Pruitt’s office. The attorney general’s staff had taken Devon’s draft, copied it onto state government stationery with only a few word changes, and sent it to Washington with the attorney general’s signature. “The timing of the letter is great, given our meeting this Friday with both E.P.A. and the White House.”

Mr. Whitsitt then added, “Please pass along Devon’s thanks to Attorney General Pruitt.”

The email exchange from October 2011, obtained through an open-records request, offers a hint of the unprecedented, secretive alliance that Mr. Pruitt and other Republican attorneys general have formed with some of the nation’s top energy producers to push back against the Obama regulatory agenda, an investigation by The New York Times has found.

Attorneys general in at least a dozen states are working with energy companies and other corporate interests, which in turn are providing them with record amounts of money for their political campaigns, including at least $16 million this year.

They share a common philosophy about the reach of the federal government, but the companies also have billions of dollars at stake. And the collaboration is likely to grow: For the first time in modern American history, Republicans in January will control a majority — 27 — of attorneys general’s offices.

The Times reported previously how individual attorneys general have shut down investigations, changed policies or agreed to more corporate-friendly settlement terms after intervention by lobbyists and lawyers, many of whom are also campaign benefactors.

But the attorneys general are also working collectively. Democrats for more than a decade have teamed up with environmental groups such as the Sierra Club to use the court system to impose stricter regulation. But never before have attorneys general joined on this scale with corporate interests to challenge Washington and file lawsuits in federal court.

Out of public view, corporate representatives and attorneys general are coordinating legal strategy and other efforts to fight federal regulations, according to a review of thousands of emails and court documents and dozens of interviews.

“When you use a public office, pretty shamelessly, to vouch for a private party with substantial financial interest without the disclosure of the true authorship, that is a dangerous practice,” said David B. Frohnmayer, a Republican who served a decade as attorney general in Oregon. “The puppeteer behind the stage is pulling strings, and you can’t see. I don’t like that. And when it is exposed, it makes you feel used.”

For Mr. Pruitt, the benefits have been clear. Lobbyists and company officials have been notably solicitous, helping him raise his profile as president for two years of the Republican Attorneys General Association, a post he used to help start what he and allies called the Rule of Law campaign, which was intended to push back against Washington.

That campaign, in which attorneys general band together to operate like a large national law firm, has been used to back lawsuits and other challenges against the Obama administration on environmental issues, the Affordable Care Act and securities regulation. The most recent target is the president’s executive action on immigration.

“We are living in the midst of a constitutional crisis,” Mr. Pruitt told energy industry lobbyists and conservative state legislators at a conference in Dallas in July, after being welcomed with a standing ovation. “The trajectory of our nation is at risk and at stake as we respond to what is going on.”

Mr. Pruitt has responded aggressively, and with a lot of helping hands. Energy industry lobbyists drafted letters for him to send to the E.P.A., the Interior Department, the Office of Management and Budget and even President Obama, The Times found.

Industries that he regulates have also joined him as plaintiffs in court challenges, a departure from the usual role of the state attorney general, who traditionally sues companies to force compliance with state law.

Energy industry lobbyists have also distributed draft legislation to attorneys general and asked them to help push it through state legislatures to give the attorneys general clearer authority to challenge the Obama regulatory agenda, the documents show.

“It is quite new,” said Paul Nolette, a political-science professor at Marquette University and the author of the forthcoming book “Federalism on Trial: State Attorneys General and National Policy Making in Contemporary America.” “The scope, size and tenor of these collaborations is, without question, unprecedented.”

And it is an emerging practice that several former attorneys general say threatens the integrity of the office.

For more of this lengthy and important article, including some of the documents obtained by the Times,
http://www.nytimes.com/2014/12/07/us/politics/energy-firms-in-secretive-alliance-with-attorneys-general.html?_r=0

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Listen to CPUC Commissioners talk about the smart meter opt out proposed decisions

From EMF Safety Network
http://emfsafetynetwork.org/listen-to-cpuc-commissioners-talk-about-the-smart-meter-opt-out-proposed-decisions/

On December 4, the California Public Utilities Commission (CPUC) discussed the proposed decision and alternate proposed decision for the smart meter opt out proceedings.  The first three minutes President Peevey describes the proposals and the new change which allows estimated billing and bi-monthly meter reading to reduce costs. [It seems the cost savings will only benefit  the utilities, as the opt out fees are still $75/10].

Commissioner Florio suggested local communities should be able to vote on community opt out from smart meters, stating “the Commission can and should honor that [vote]”. He says, “If Fairfax and Sebastopol and a few other places want to be smart meter free zones I don’t think we should override that democratic will of the people in those communities.” He went on to say, “If there are a few small communities that choose to that would be a place where people who really have a problem with the smart meters could live and conduct their lives.”

President Peevey promptly rebukes Florio’s suggestions stating” Seems to me that doing that would only fester and foster and promote more debate and anguish over this issue.” Peevey goes on to decry the voting process, calling it “the height of lack of democracy” and “extremely undemocratic”.

Commissioner Picker, a former SMUD director claims only 50 people opted out in Sacramento, and many of those vocal against smart meters came up from Davis. He referred to community opt out as “bad public policy, bad public health, bad financial planning…unless they [communities] are just  going to divorce themselves from the rest of the states’ grid and get rid of all their sources of fugitive EMF and they’re going to figure out how to compensate the rest of us for their additional contributions in terms of air quality impacts.”

Commissioner Sandoval was concerned  about people who want a smart meter, and her greater concern is about all the smart meter emissions (she calls “last gasps”) that have nothing to do with energy usage, saying, “they are a source of RF emissions that have no value”. She’s wiling to move forward with approving the proposed decisions, but maybe come back to this if “certain issues arise“.

Peevey mocks the City of Sebastopol saying “[Sebastopol] is a nuclear free zone, and I guess that means that there’s not a single electron from Diablo Canyon that ever crosses the boundary into Sebastopol, it’s a wi-fi free zone downtown, and it would like to ban smart meters and on and on and on”.

Peevey states he’s received the brunt of the negative comments and claims to have been sympathetic in many ways to people. He says PG&E should have handled the issue in a different way, “They [PG&E] chose not to, THAT’S LIFE.”

The vote was moved to December 18, which is Peevey’s last meeting before he retires and the day we plan to hold a press conference and demonstration at the CPUC.

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December 18: Press Conference and Demonstration at the CPUC in SF

California Public Utilities Commission
Thursday, December 18
8:30 AM
505 Van Ness Ave. (at McAllister), San Francisco


Give CPUC President Michael Peevey the send-off into retirement that he deserves after a dozen years of corruption and complicity with corporate utilities.

Protest the CPUC’s proposed decisions in the ‘smart’ meter opt out proceedings. Show strength in unity against their proposals that:
◾Ignore serious public safety hazards including toxic injuries, fires, homelessness, violations of privacy, higher bills, loss of meter readers, and no promised energy savings.
◾Continue to impose coercive extortion opt out fees
◾Violate laws, and deny customer and disability rights
◾Prohibit opt-outs for communities, apartment buildings, and businesses
◾Reward utility companies with millions $$$ more for smart grid failings

Join in demanding that the CPUC:

• Reject the proposed decisions
• Rescind and refund ‘opt out’ extortion fees
• Halt the ‘smart’ meter program

Bring any other past or present grievances against the CPUC (toxic dumping, nuclear plants, gas line explosions, accessibility, public power, etc.)

We will be raising our demands both outside before the meeting, as well as inside. Please come prepared to make some noise and be seen. Wear black if you can. Rain or shine.

For more information about the proposed decisions, go to these links:
ALJ Amy Yip-Kikugawa’s Proposed Decision
President Michael Peevey’s Alternate Proposed Decision

The proposed decisions will (as summarized by the EMF Safety Network):
◾Give 37 million dollars to the Investor Owned Utilities (PG&E, SCE, SDG&E, and So Cal Gas) for providing the opt-out program.
◾Adopt permanent fees for residential customers who “do not wish to have a wireless smart meter.”
◾Continue the same interim fees of $75 initial fee plus $10/month, and $10 initial fee plus $5/month for low income.
◾Local governments and multi-unit dwellings may not collectively opt out of smart meter installations.
◾Charging an opt-out fee does not violate the Americans with Disabilities Act (ADA).
◾They will not address health and safety impacts in this decision.
◾Assess fees on a per location basis, for example if you have two or more meters on your property, that will be one fee, per utility company.
◾If you have two utilities, they can both charge you fees.
◾President Peevey proposes putting a cap on the opt-out fees at 3 years.
◾Neither proposal considers a no-fee option.

For more information contact Stop Smart Meters! info@stopsmartmeters.org

Endorsed by:
California Brain Tumor Association
Center for Electrosmog Prevention
Ecological Options Network
EMF Analysis
EMF Safety Coalition
EMF Safety Network
No Nukes Action
Peoples Initiative Foundation
Smart Meter Health Alert
Stop OC Smart Meters
Smart Meter Harm
Stop Smart Grid
Stop Smart Meters!
Stop Smart Meters Irvine
United Public Workers for Action
Wireless Radiation Alert Network


80 smart meters (that’s 160 antennas) in one low income housing unit in Berkeley. The World Health Organization’s IARC says they emit radiation that may cause cancer.

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Florida: FP&L wants customers to pay for fracking investment

From the Bradenton Herald, December 2, 2014
By Mary Ellen Klas, Herald/Times Tallahassee Bureau

TALLAHASSEE — Florida Power & Light wants to get into the natural gas fracking business and it wants its customers to pay for it.

At a hearing Monday, the state’s largest utility asked regulators for permission to charge customers up to $750 million a year to form a partnership with an Oklahoma oil and gas company because, it argues, the investment would help FPL stabilize fuel prices and save customers money.

How much? Estimates indicate the savings would be between $51 million and $107 million over the life of the project — or a total of 50 cents to $1 for the average customer over several years. In addition to the savings, FPL argues that customers also will benefit from less volatility in fuel prices.

In tapping a well that already produces gas, FPL argues, customers are unlikely to see price increases because exploration costs will be offset by savings from the investment — the first time any utility has asked to have its customers pay for gas exploration.

Opponents, representing the state’s largest commercial electricity users and the general public, had a simple response to the question before the Public Service Commission: “No thank you.”

They argued at a day-long hearing the risks of operating the hydraulic fracturing, or fracking, outweigh the rewards. They said FPL can’t be sure the natural gas wells will produce enough gas to meet its needs and customers will shoulder the costs of dry wells, environmental impacts and market changes for the next 50 years.

“Fifty years is a long time to receive guaranteed profits on something that’s not guaranteed,” said Eric Sayler, an attorney for the Office of Public Counsel, which represents the public in cases before the Public Service Commission.

He said the idea is an attempt by FPL to earn a guaranteed profit on the investment and have the risk borne by customers, not shareholders. “No other utility has attempted to put this in its base rate,” he said.

FPL attorney John Butler downplayed the potential for risk and emphasized the innovation.

“With natural gas representing such a large component of FPL’s fuel bill, we have been searching for a way to both reduce and stabilize the cost of natural gas,” he told the commission. “We believe we’ve found the answer. FPL is proposing to invest in gas reserves that would meet a portion of our gas needs at the cost of production, rather than having to buy that same volume of gas at market prices.”

The PSC, which rarely rejects an FPL request, will decide the fate of the proposal by the end of the year. If approved, the investment will take place next year and FPL is asking for permission to go forward with similar proposals in the future without first seeking regulatory approval.

PSC Chairman Art Graham said the issue was taking the commission into “uncharted territory” and he wanted to proceed carefully, in the event the panel’s ruling is challenged.

Other companies are watching. Steve Young, chief financial officer for Duke Energy Corp., told Bloomberg News last month his company is studying FPL’s proposal carefully because it is also considering asking regulators to let it invest in gas exploration to lock in prices and earn profits from investments.

Under the proposal, FPL would partner with Oklahoma-based oil and gas drilling company PetroQuest and pay them for extracting natural gas. The company runs a fracking operation in a region known as Woodford Shale region of Oklahoma’s Arkoma Basin.

FPL would house its investment in its subsidiary, Butler said, “to provide greater accounting transparency.”

FPL would recover the costs associated with extracting the gas by passing it onto customers through the fuel clause on all FPL bills. FPL would earn a profit of 10.5 percent on the investment. Under the fuel clause, customers pay 100 percent of all fuel costs.

Right now, FPL buys natural gas on the open market and does not make a profit from it. To offset swings in price in the volatile oil and gas industry, FPL hedges its purchases.

During testimony, FPL executive Sam Forrest said this was just another way of hedging against price swings. He acknowledged there was little risk in the project for the company but, he said, there would be distinct benefits for customers.

“Ownership in gas production offers long-term price stability as the cost of gas is tied directly to production costs,” he said. “FPL’s customers will still benefit should gas prices drop but will be partially protected by investment in gas reserves should gas prices rise.”

Jon Moyle, attorney for the Florida Industrial Power Users Group, said FPL had another motive: profits. The company had built out its power plants with $1.5 billion investment in upgrading its fleet in recent years, he said, and now is looking to find a way to add new costs to its base rates so it can continue to enhance shareholder profits.

“How are they going to grow the company? Here’s one way: We’ll get into the oil and gas business,” Moyle said. “This is not a good deal for ratepayers.”

He suggested the PSC, which enforces the law but doesn’t make policy, should ask the Legislature to decide it if wants utility companies to use customer accounts to pay for investments.

“This is purely making policy,” Moyle said, “and we don’t think it should be done without the Legislature saying give it thumbs up or thumbs down.”

Source:http://www.bradenton.com/2014/12/02/5507324_fpl-wants-customers-to-pay-for.html?sp=/99/179/&rh=1

Posted under Fair Use Rules.

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Take Back Your Power — upcoming screenings

19 Nov – St. Louis, MO, USA – flyer

22 Nov – Seattle, WA (w/Josh)flyer

25 Nov – Tairua, NZ – flyer

01 Dec – Belgrave, VIC, Australia – tickets

10 Dec – Royal Oak, MI, USA (w/Josh)flyer

14 Jan – Palo Alto, CA, USA – tickets

» see all screening details

» host a community screening

» host a theatrical screening: Tugg.com

» request TV broadcast

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CPUC tries to establish sole jurisdiction over utilities in opt-out proceeding

The CPUC is attempting to establish a legal precedent that it has sole authority over utilities and the public in utility matters.

California law clearly states that the CPUC shares authority with other entities in regulating the utilities, but the Proposed Decision for the Smart Meter opt-out proceeding boldly asserts pre-eminent CPUC power. Section 6, Community Opt-Out, pages 47-55, in convoluted and manipulative fashion, ignores existing law and the California Constitution.

There are other problems with this proposed decision, including opt-out fees and refusing commercial and community opt-outs. But the biggest issue is whether the CPUC has the authority to make these decisions in the first place and force the public to comply with its programs.

That issue goes far beyond the Smart Meter issue and affects all utility matters in California – transmission corridors, power plants, nuclear reactors, wind and solar farms, transportation corridors, etc..

The proposed decisions are here —

Smart Meter Opt-Out proceedings 11-03-014, 11-03-015, 11-07-020 – Proposed Decisions
http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&docid=131173965
http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&docid=131173964
http://emfsafetynetwork.org/cpuc-give-millions-more-to-pge-and-continue-smart-meter-extortion-fees/ — Overview

Here’s what California law states (full text below):

Public Utilities Code Section 2901-2906 and Section 761.3d are very clear about the powers of municipal corporations, and local, state and federal agencies to regulate, supervise, and set rules and deadlines over utility companies, especially on matters of public health and safety. The California Constitution also states that all cities have power to determine the terms of franchise agreements, and cities incorporated by Oct. 10, 1911 have greater powers to police utilities.

Also, the Bagley-Keene Act (Section 11120) states

The people of this state do not yield their sovereignty to the agencies which serve them.

Ultimately, the people hold power both over utility companies and over the CPUC.

However, these laws are being ignored, misstated, or quoted out of context to provide an illusion of sole jurisdiction for the CPUC.

The CPUC has barred consideration or investigation of overbilling, accuracy, and health and safety issues from Smart Meter proceedings. Only by doing so, and by claiming that it has sole jurisdiction over utilities, can it continue to promote the Smart Meter program. It follows this logic with other utility issues in the state. And utility companies loudly chorus that the CPUC, its captured agency, is the only entity that can control them.

Under California Public Utilities Code, the CPUC must fix problems caused by utility companies but only if it holds a hearing—Section 761. It does not require the CPUC to hold hearings. I addressed this in my report[i] with a legislative remedy that the CPUC be required to investigate problems immediately upon a certain threshold of complaints.

The deadline for intervenor comments is today, Nov. 18, but the public and public advocacy organizations can comment until a decision is reached – as early as December 4.

Email public.advisor@cpuc.ca.gov.

Please send a copy of comments to your state representatives as well as the Chairman of the Assembly Budget Subcommittee 3, Richard Bloom (Chief of Staff Sean MacNeil sean.macneil@asm.ca.gov). That subcommittee has been the only state group that has called the PUC on the carpet.

You can also send a copy of comments to Administrative Law Judge Amy Yip-Kikugawa: ayk@cpuc.ca.gov and to Chairman Michael Peevey’s advisor Manisha Lakhanpal: m12@cpuc.ca.gov .

Unfortunately, Gov. Jerry Brown’s close ties to PG&E and Attorney General Kamala Harris’ teamwork make them unresponsive to PUC corruption. State laws will have to be changed on the CPUC and on government officials to mandate that they protect the public.

California law

California Public Utilities Code
SECTION 2901-2906

  1. Any municipal corporation may retain or surrender to the commission the powers of control vested in it to supervise and regulate the relationship between any one or more classes of public utilities, and their present or prospective customers, consumers, or patrons, and, if it has retained such powers over any class of public utilities, may thereafter surrender such powers to the commission.
  2. This chapter shall not be construed to authorize any municipal corporation to surrender to the commission its powers of control to supervise and regulate the relationship between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets, and the speed of common carriers operating within the limits of the municipal corporation.
  3. Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
  4. “Municipal corporation” means a city and county or incorporated city.
  5. “Legislative body” means the board of supervisors, municipal council, commission, or other legislative or governing body of a municipal corporation.
  6. “Powers of control” means all powers of control vested in a municipal corporation to supervise and regulate (a) the relationship between public utilities and their present or prospective customers, consumers, or patrons. The term does not include the powers of control vested in any municipal corporation to supervise and regulate the relationship between such public utilities and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets, and (b) the speed of common carriers operating within the limits of the municipal corporation.

California Public Utilities Code
SECTION 761
Whenever the commission, after a hearing, finds that the rules, practices, equipment, appliances, facilities, or service of any public utility, or the methods of manufacture, distribution, transmission, storage, or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate, or insufficient, the commission shall determine and, by order or rule, fix the rules, practices, equipment, appliances, facilities, service, or methods to be observed, furnished, constructed, enforced, or employed. The commission shall prescribe rules for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility, and, on proper demand and tender of rates, such public utility shall furnish such commodity or render such service within the time and upon the conditions provided in such rules. (Section 761)

SECTION 761.3d:
Nothing in this section shall result in the modification, delay, or abrogation of any deadline, standard, rule, or regulation adopted by a federal, state, or local agency for the purposes of protecting public health or the environment, including, but not limited to, any requirements imposed by the State Air Resources Board or by an air pollution control district or an air quality management district pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code.

California Constitution
ARTICLE 12, SECTION 8
A city, county, or other public body may not regulate matters over which the Legislature grants regulatory power to the Commission. This section does not affect power over public utilities relating to the making and enforcement of police, sanitary, and other regulations concerning municipal affairs pursuant to a city charter existing on October 10, 1911, unless that power has been revoked by the city’s electors, or the right of any city to grant franchises for public utilities or other businesses on terms, conditions, and in the manner prescribed by law.

Bagley-Keene Open Meeting Act
Section 11120:
It is the public policy of this state that public agencies exist to aid in the conduct of the people’s business and the proceedings of public agencies be conducted openly so that the public may remain informed. In enacting this article the Legislature finds and declares that it is the intent of the law that actions of state agencies be taken openly and that their deliberation be conducted openly. The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. This article shall be known and may be cited as the Bagley-Keene Open Meeting Act.

For a fuller coverage of federal and state legal violations:
“Analysis: Smart Meter and Smart Grid Problems – Legislative Proposal, December 2012”
https://smartmeterharm.org/2012/12/14/report-smart-meter-problems-dec-2012/

 

[i] www.smartmeterharm.org

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U.S. commissioners vote tomorrow on industry-friendly resolutions on Smart Grid, nuclear energy, power plant emissions — update

Update 12-20-14:
The resolutions were adopted. Here is the link to the final resolutions — http://www.naruc.org/Resolutions/14%201119%20NARUC%20Board%20Substantive%20Resolutions%20Packet.pdf
—————————————————————————

November 18, 2014

These resolutions, if adopted, become the official position of United States utility regulatory commissions.

Click to access 14%201117-NARUC-Board-Substantive-Resolutions-Packet.pdf

Write your utility commission today to oppose these resolutions. They vote at 10:30 AM Pacific Time. Calling your commission (PUC public advisor’s office in California; different titles for different states) will get you registered as a “yes” or “no” only. To send comments on these resolutions, send them by email as well.

In California, it’s public.advisor@cpuc.ca.gov 415-703-2074 (press “0” to get an operator)

All of these resolutions affect us.

TC-1 Resolution on Utilities Access to Spectrum to Promote Public Safety
This asks for RF spectrum for the communications network of the Smart Grid.

EL-1 Resolution Recognizing the Importance of Nuclear Power in Meeting Greenhouse Gas Goals
This states that nuclear energy is a necessary part of “green” energy.

WC-1, ERE-1, GS-1 Resolutions Regarding the Water-Energy Nexus
These assert state authority and is a mixed bag of issues. It gives a passing kudo to fracking and “regulating” it, which means allowing it with a thin veneer of rules – California proposed “regulations” are a good example. It also asks for leniency on emissions from power plants if other state goals are met, such as “clean” energy.

These resolutions are tied into a resolution they passed in 2013[i] and is also tied into NI-1 on nuclear energy (there are very hazardous ongoing emissions from nuclear plants the public is unaware of). It would continue the water waste at power plants from lenient rules.

The resolutions will be input to the EPA and the FCC from the U.S. utility commissioners.

Take action if you oppose these resolutions.

[i] http://www.naruc.org/Resolutions/Resolution%20on%20Increased%20Flexibility%20with%20Regard%20to%20the%20EPAs%20Regulation%20of%20Greenhouse%20Gas%20Emissions%20from%20Existing%20Power%20Plants.pdf

 

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Annual conference highlights cozy relationship between utility regulators and industry

No mission statement could so clearly spell out the goals and objectives of utility regulatory commissioners as their actions this week at their annual conference held in San Francisco.

The National Association of Utility Regulatory Commissioners — NARUC — is the professional organization for utility regulatory commissioners.[i] Anyone interested in their goals and objectives just has to read the conference agenda:
http://www.narucmeetings.org/MeetingPrograms/2014AnnualProgram.pdf [ii]

Look through the workshops, presenters, and registered attendees.
http://annual.narucmeetings.org/registrants.cfm

Notice the lack of consumer groups or representatives presenting to commissioners or even in attendance. How many in the public even knew about this conference?

The seminars and panel discussions are led by PUC commissioners and industry representatives.

Look at all the issues impacting the public that have no one presenting the public’s points of view and priorities.

Don’t be misled by Patty Durand and her Smart Grid Consumer Collaborative. This group should be named Smart Grid Industry Partners Alliance, but that would be truth in advertising.[iii]

Environmental Defense Fund (EDF) seems like it would be a public advocate, but it is actually involved in the Smart Grid and has become an industry partner, getting paid for participation in PUC proceedings. TURN is a sometimes public advocate group that makes millions from ratepayers through PUC proceedings.

Is this agenda unusual? Read last year’s conference or the agendas of meetings held during the year.

Here is the agenda for the 2013 conference http://annual.narucmeetings.org/2013/program.cfm

Here is the agenda for the 2012 Western PSC conference – a subset of NARUC
http://western.naruc.org/Meetings/WCPSCAgenda2012.pdf

The presenters are industry representatives and commissioners in 95% of the cases.

So, whose voice gets heard? Not the public. When adopting policy initiatives, commissioners get their information almost exclusively from industry and its affiliated cheerleaders.

Page 48 of the agenda lists some of the upcoming meetings of these commissioners. These meetings happen throughout the year.

CPUC Chairman Michael Peevey, who is on the NARUC board, will be attending and presenting, as well as the other CPUC commissioners. A long list of CPUC staff will be present. Utility commissioners and staff from across the United States are flying in for this yearly event. Over 1300 people registered as of November 16.

Sponsorship for the conference is mainly by industry organizations and businesses, such as Qualcomm, Smart Meter manufacturers Itron and Landis & Gyr, America’s Natural Gas Alliance (ANGA), and the Nuclear Energy Institute.

Though AARP is a co-sponsor, only three AARP officials are attending and one no-name registrant. AARP is not involved with any workshops. Why are they co-sponsoring this utility/regulatory commission love fest?

The conference theme is “Equipped to Lead: 125 years of effective regulation.”

“Effective regulation” for whom?

 The commissioners will hold meetings (some of which are invitation only though these are public officials), elect new executive board officers, and hear from former Chairman of the FCC, Michael Powell, now the President and CEO of the National Cable & Telecommunications Association – a good example of the industry/public agency revolving door.

They will learn on Wednesday about dealing with scrutiny from the public and heightened visibility during “high interest” topics, as well as “well-funded” public advocacy efforts and the media attention.

“…Is your agency prepared for the spotlight? In this session, a diverse panel of commissioners will discuss how they are dealing with this new paradigm. Attendees will learn about ways to communicate with the public and the press…”[iv]

“Ways to communicate with the public”? “New paradigm”? “Well-funded”?

The only possible bright spot will be the concurrent sessions of the National Association of State Utility Consumer Advocates. However, their workshop on broadband has no one presenting on the RF health and environmental issues. That is a serious omission from an organization that claims to represent the public interest. NASUCA members are the offices in many states with the specific purpose of representing the public in proceedings, to be “ratepayer advocates”. In some states, their voice is louder than in others, and their willingness to take on issues differs. In California, the Office of Ratepayer Advocates intervenes and investigates, but has no legal power to dictate to the CPUC. It has saved Californians billions of dollars in proposed rate increases.

The Florida Public Service Commission was described in 2010 by former Chair Nancy Argenziano as a “fetid pit”.[v] Florida wants to retain a seat on the NARUC executive board, with Julie Brown nominated for President to replace Lisa Polak Edgar who is outgoing First Vice President. Integrity Florida issued “Power Play” in March, a report on the political corruption involving utilities in Florida.[vi] Their findings included revolving door jobs, cronyism, and anti-consumer regulations. In July, PSC Chair Ronald Brisé declined to hold a public hearing over gutting energy conservation goals for utility companies. [vii]

The stakes are high. For the utilities, there’s the prospect of big, guaranteed returns on investments in new plants. Those returns would come from the pockets of utility customers. They, according to economist Shawn LeMond, “are going to get hosed.”

The utilities said it’s cheaper for them now to produce a kilowatt of electricity than to save it…”People should be up in arms,” (The Southern Alliance for Clean Energy’s Susan) Glickman said, “that we’re ending energy-efficiency programs while we’re approving new power plants.”[viii]

PSC staff supports the utility companies, and commissioners are expected to “rubberstamp” the proposal when they return from San Francisco. Does Florida’s dominant representation on the board signal a “business as usual/all clear” for the industry?

NARUC members will also vote on resolutions.
http://www.naruc.org/Resolutions/14%201117-NARUC-Board-Substantive-Resolutions-Packet.pdf

These policy statements will then become the position of the regulatory commissions in the United States.

One of these resolutions to the EPA asserts that nuclear power is an important part of the “clean” energy mix. With ongoing Fukushima radiation hammering the nation, with nuclear waste unresolved, with more and more nuclear industry “facts” questioned and public safety issues and emergencies coming to light, this is irresponsible. However, it does protect the nuclear industry profits and market share. How many Americans know that their commissioners will be voting to endorse nuclear energy?

Here’s an example from 2013[ix], asking the EPA to be “flexible” on power plant emissions regulations. NARUC resolved that “(EPA) guidelines…shall not intrude on the States’ jurisdiction over decisions regarding integrated resource planning and/or resource adequacy or otherwise mandate specific modifications to the mix of fuels and resources in existing and future State generation portfolios” — in other words, let the state PUCs determine what’s working regardless of the impacts.

These policy statements do not represent many Americans. Commissioners did not get input from the public to advocate these positions to the federal government.

In a resolution adopted last year, NARUC said

  • The States are in a unique position to provide on-the-ground expertise and experience to resolve customer complaints and consumer issues;
  • The States should continue to serve as fact finders and, where appropriate under State statutes, adjudicators of issues affecting communications.
    http://www.naruc.org/Resolutions/Resolution%20on%20Federalism.pdf

All very nicely said. However, the reality is far different. These NARUC words merely put lipstick, or rather a velvet glove, on an iron determination to retain power and control decisions at the state level. This is about retaining a lucrative partnership with industry. It has nothing to do with the public.

These commissioners will wine, dine, and discuss with industry reps this week. The industry officials who interact with these officials have titles such as Manager or Vice President for External Affairs, Regulatory Affairs, Legislative Affairs, State Government Affairs, Federal Affairs, and Industry/State Affairs. Lots of affairs indeed.

Commissioners inform themselves by consulting with the industry. They solicit almost no input from the public. It is simply not a priority.

These are not trivial issues.

The reliability and cost of utility service is at stake. For some, the cost is already too high, and people live without the basic necessity of electricity to their homes.

Public safety is at stake. Ask San Bruno, California how secure they feel about CPUC oversight or the people Erin Brockovich represented in Hinkley, California. Nuclear reactors built on earthquake faults or with serious design flaws across the country that are already leaking and causing birth defects – the potential for disaster created by these industry-facing commissioners and their staff is enormous.

The Florida report “Power Play” could have been written about NARUC as a whole.

NARUC is a “members only” club, and the public is not invited.

The public must take action.

—————————————————————–

Additional sources:

http://www.greenbiz.com/blog/2014/08/11/198-people-who-can-transform-us-electric-grid

http://www.publicintegrity.org/2005/11/17/6613/nice-work-if-you-can-get-it

[i] www.naruc.org

[ii] http://annual.narucmeetings.org/PDF_agenda.cfm Final downloaded 11/16/14

[iii] http://naruc.org/meetingpresentations.cfm?224
Her presentation on Smart Meters in July is an example of their misrepresentation and misinformation.

[iv] 10:35 AM Are You Ready for Your Close-up?

The Clean Power Plan. Pipeline Safety. Ride-sharing services. Infrastructure Replacement. The issues pending before State utility commissions are hotter than ever before, and so is the spotlight. With States setting the pace on some of the most signifi cant challenges in the country, the focus on commission business is growing. National, well-funded stakeholder groups are intervening in State proceedings which, in turns, brings heightened media attention. Is your agency prepared for the spotlight? In this session, a diverse panel of commissioners will discuss how they are dealing with this new paradigm. Attendees will learn about ways to communicate with the public and the press, along with other kinds of challenges that may arise from this heightened attention. Are you ready for your close-up?

[v] http://miamiherald.typepad.com/nakedpolitics/2010/10/nancy-argenziano-resigns-from-psc-to-oppose-scott-and-corrupt-legislature.html

[vi] http://www.tampabay.com/news/business/energy/watchdog-report-says-power-companies-wield-too-much-influence-in-florida/2172513
Buying in: How money controls Tallahassee; Watchdog report says power companies wield too much influence in Florida Legislature

http://www.integrityflorida.org/powerplay/
Power Play: Political Influence of Florida’s Top Energy Corporations

[vii] https://smartmeterharm.org/2014/07/27/do-energy-companies-own-florida-legislators-and-the-public-service-commission/

[viii] http://www.tampabay.com/news/business/energy/utilities-will-ask-psc-for-permission-to-gut-energy-saving-goals/2189192

http://www.tampabay.com/news/business/energy/psc-staff-backs-florida-utilities-proposal-to-gut-energy-efficiency-goals/2206391

[ix] http://www.naruc.org/Resolutions/Resolution%20on%20Increased%20Flexibility%20with%20Regard%20to%20the%20EPAs%20Regulation%20of%20Greenhouse%20Gas%20Emissions%20from%20Existing%20Power%20Plants.pdf

 

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Canada: BC coalition calls for Energy Minister’s resignation over Itron Smart Meter failures, demands investigation

Nov 1, 2014
Posted by Citizens for Safe Technology:
Press Release from the Coalition to Stop Smart Meters, October 28, 2014, excerpts

” It’s time for a full independent investigation into BC Hydro’s smart meter program.

“There have been far more failures and fires associated with the Itron smart meter in BC than there have been in Saskatchewan, as found in official documents obtained through Freedom of Information (FOI) requests. Yet BC Energy Minister Bill Bennett and the head of BC Hydro’s smart meter program, Greg Reimer, continue to deny any have occurred. Mr. Bennett has tried to mislead the public by saying that the brand of smart meters used in BC are not the same as used in Saskatchewan. While this is true, the fact remains that fires and meter failures have occurred in BC.” Sharon Noble, Director, Coalition to Stop Smart Meters believes this is not just a coincidence.

“It appears as if the government did not want any oversight at all from any agency that has the duty and responsibility to protect the public’s welfare. This lack of concern for the safety of the public is alarming.”

“A Fire Report was sent to the government in August by the Coalition, with examples taken from FOI documents of “failures” as well as fires that were not tracked officially. Noble believes it is ludicrous for the government to deny that fires and failures have occurred when Hydro itself has reports to the contrary.

“The Coalition believes that the lives and property of British Columbians are just as important as those of people living in Saskatchewan. It is time for the government to do the right thing and end this dangerous program until and unless it can be proven to be safe.” http://www.citizensforsafetechnology.org/uploads/scribd/CSSMBC-PROct28-2014-Sask-Resignation.pdf

Please send [this press release] to your local newspapers, radio stations, etc. People need to be demanding an independent investigation of the ITRON meter failures in BC. The government and Hydro, are denying the failures have occurred, despite their own records to the contrary. This is profound negligence. No politician is willing to stand up and draw attention to this, no government agency has any authority for oversight. It’s up to us to raise this to the level that the NDP in Saskatchewan did – and demand a full investigation.

Source: http://www.citizensforsafetechnology.org/SaskPowers-CEO-resigns-over-dangerous-smart-meter-program;-should-BCs-Bennett-be-next,2,4056
SaskPower’s CEO resigns over dangerous smart meter program; should BC’s Bennett be next?

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Weslaco, Texas: $48,000 water bill; 30% of Smart Meter water bills are 10X – 1000X times higher than actual water use

From the Rio Grande Valley in Texas, 5 On Your Side reports

Weslaco Bills Resident $48,000 for Water Service
Sept. 11, 2014

WESLACO – A Weslaco resident says the city is billing her thousands of dollars for water service.

Lesvia Sepulveda said she received a bill for $48,000. She called 5 On Your Side for help.

Sepulveda said she doesn’t use much water. She won’t even water her backyard.

Her water bills usually stay in the $50 range.

She didn’t get billed this month, so she called the city.

“I told her, ‘how much is it?’ I want to know,” she said.

“She said, ‘well, you’re going to get scared. … It’s $48,000,'” Sepulveda said.

Sepulveda lives on a fixed income. She refused to pay.

“I told her, ‘hey, that’s too much. What’s the matter with you all? Did you send a blind man to check my meter, or what?'” Sepulveda said.

The problem, city officials said, is Weslaco’s smart meters.

“They’re adding additional digits to the reading – be it a zero, or two zeros or three zeros – making it seem that the reading itself is a lot higher than it is,” Weslaco Public Utilities Director David Salinas said.

Salinas said about 30 percent of the city’s 10,000 meters aren’t working properly.

While the meter manufacturer tries to find a solution, the city is working around the problem by physically reading meters and fixing the errors.

“You might get the bill a little late. They’re trying to catch all those before they go out,” Salinas said.

“They didn’t send me any notice,” Sepulveda said.

The city adjusted Sepulveda’s water bill. She will only pay $55, instead of $48,000.

To report problems with water bills in Weslaco, call 956-972-3113.

Source: http://www.krgv.com/news/weslaco-bills-resident-48-000-for-water-service

Posted under Fair Use Rules.

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