Photo from the Nuclear Regulatory Commission

On June 4, Judge Reiss of the Federal District Court in Burlington, Vermont will take up the latest lawsuit from Vermont Yankee’s owners. Once again, Entergy, the owner and operator of Vermont’s tired old nuclear plant, is asking a federal court to give it a free pass.

Entergy wants to stop Vermont regulators from having any say over its operations.

This latest skirmish involves the building of a back-up diesel generator. Entergy claims the Nuclear Regulatory Commission requires the generator and that Vermont is getting in its way. It needs the Federal Court to stop any Vermont review of the proposal.

Hold on. Vermont’s regulators already issued a proposal that would approve the generator. The only deadline is one that is self-imposed by Entergy. The current schedule allows a final decision even before Entergy’s self-proclaimed “deadline.”

So what’s this really about? Entergy’s world view seems to suggest that the less oversight it has the better. But that’s not good for Vermont. The federal court should see through Entergy’s antics and allow the Vermont proceedings to continue.

You can read Entergy’s Complaint here and the State’s reply here.

Photo: DWeller88 @ flickr

It is important to build bridges, but we need to make sure they get us where we need to go.

The proposed expansion of the Vermont Gas pipeline may be more a minefield than a bridge, as one recent Vermont weekly  and one recent national energy blog reported.

The project will cut through valuable wetlands and farmland in Addison County. Future plans include crossing Lake Champlain, moving Vermont closer to gas supplies from fracking that is ongoing now in New York and Pennsylvania.

Proponents of the project, including Middlebury College and Vermont Gas advance an overly simplistic evaluation suggesting more natural gas is needed in Vermont because it is cheaper and cleaner than the oil and propane it will replace. Others suggest natural gas is a bridge to cleaner supplies that are in our future.

All bridges are not created equal. Natural gas is still a fossil fuel. The proposed gas pipeline will be in place for fifty to a hundred years. In that timeframe we need to solidly break our addiction to fossil fuels – including natural gas.

So what part of the project is in place to make sure natural gas is actually a valuable bridge and not a new addiction? Nothing. And that is sad.

We can do better than throw up our hands and blindly accept expensive and environmentally damaging new pipelines at a time when we should be moving away from fossil fuels.

Here are some ideas to start moving Vermont in a cleaner direction when it comes to new pipelines:

1. Provide a more sophisticated evaluation that answers where this pipeline is taking us in fifty years.
2. Stop providing unqualified support. If this is a cleaner solution, make sure it lives up to its promise. Sensitive and valuable environmental resources should be off the table.
3. Meet climate goals by dramatically increasing efficiency, prohibiting supplies from fracking and limiting the use and lifespan of any new pipeline.

If we build bridges, let’s make sure they get us to a place we want to be.

Can the Vermont Public Service Board determine the meaning of its own orders? The answer would seem to be “Of Course!” But that is the question that Vermont Yankee’s owners are putting before the Vermont Supreme Court.

In two orders the Vermont Public Service Board issued a strong rebuke to Entergy.

The Board refused to amend its prior orders and confirmed that the conditions of Entergy’s permits remain intact. Those conditions include that Entergy will not operate Vermont Yankee past March 2012 without new approval from the Board.

Entergy brought this appeal to challenge those orders.

On Monday Conservation Law Foundation’s brief, filed jointly with New England Coalition and Vermont Public Interest Research Group challenged Entergy’s claims. Our brief noted:

Rather than comply with the conditions … and Board orders that were not appealed, Entergy instead seeks to ignore Vermont law and expand the application of this simple statute to sanction continued operation regardless of the current license requirements and prior commitments that were incorporated into the Board’s Order approving the sale of the plant to Entergy.

The State of Vermont also filed a brief opposing Entergy’s appeal.

It seems obvious that Entergy should be held to its commitments. We gave the Vermont Supreme Court some good arguments to encourage it to agree with us. Entergy will file a reply brief next month and a decision is expected within a year.

This article first appeared in the Sunday May 5 edition of the Rutland Herald /Times Argus.

For over a decade, Vermont’s hardworking cows and farmers have been keeping our lights on, curbing greenhouse gas emissions and helping local businesses grow. The renewable energy produced by cow manure in Vermont now powers 2,990 homes and businesses, including Killington Resort, Long Trail Brewing Company and Vermont Clothing Company.

The greenhouse gas emissions avoided by these projects is equivalent to taking over 9,000 cars off the road each year that would have burned 5.3 million gallons of gasoline.

There is no question — Vermont leads in advancing farm methane projects, and our production of this renewable energy continues to increase. It is a legacy to be proud of, and one that will soon be expanding.

The Cow Power program was started by Central Vermont Public Service in 2002 as a way to meet electric customers’ demand for renewable power. With the merger of CVPS with Green Mountain Power and recent approval from the Vermont Public Service Board, the program is now expanded and available to any customer of Green Mountain Power. That’s a good thing, since farm production of power has outpaced the in-state demand. It is time to close that gap.

The program could be replicated by other utilities or expanded to serve other customers. Perhaps someday it will be available statewide — but for now Cow Power is only available to GMP customers.

GMP customers can sign up for the program and make a voluntary 4 cent per kilowatt hour payment on all or a portion of their electric bill. All the proceeds go to Vermont farmers to produce electricity. And all GMP Cow Power purchases provide customers with 100 percent renewable power. It’s a small investment for a cleaner planet and a healthier future for our children and grandchildren.

Here’s how it works. Manure produced on a farm is put into a digester at the farm. The bacteria in the digester convert the waste into methane gas. The gas fuels an engine that runs an electric generator and creates electricity. Heat generated from this process is used to keep the digester warm. Remaining solids are processed for bedding or soil amendments — and the liquid, which still contains nutrients, is used for fertilizer.

The benefits of GMP Cow Power extend well beyond the supply of electricity. With the volatility of milk prices, the option to produce power provides real economic benefits to farmers in tough times. It also significantly reduces odors, making for happier farmers and neighbors. The gases and compounds that typically produce farm odors and contribute to climate change are captured to produce electricity. The gas keeps lights on — instead of creating a stink.

Vermont businesses have been as creative and hardworking as our farms in turning their use of GMP Cow Power into gold and rightfully expanding Vermont’s solid environmental reputation.

In Woodstock, the trolley that runs through town is operated on Cow Power and features creative posters informing riders about Cow Power and how it helps keep the planet clean.

The Vermont Clothing Company in St. Albans produces Cow Powered T-shirts, which it creatively sells in cardboard milk cartons that describe Cow Power. And as the sole supplier of T-shirts to the Deepak Chopra Foundation, the company enhances the foundation’s commitment to a cleaner and healthier planet.

Killington Resort, a business that depends on snowfall and avoiding a warming climate, is using GMP Cow Power to operate cow-painted gondola cars, while promoting the climate change benefits of Cow Power and its partnership with local dairy farms.

Here’s the real beauty of Cow Power: It’s a 100 percent local program, where 100 percent of the proceeds go to help you and your neighbors create a healthier planet for future generations everywhere. This is a success worth building on and expanding, now that it is available to all 250,000 GMP customers in Vermont.

Come join Conservation Law Foundation and our allies THIS SATURDAY in Burlington, Vermont for a discussion on Vermont’s Energy Choices.

Vermont’s Energy Choices: Old Dirty Problems and Clean Energy Solutions
Saturday, April 27th, 1:30 PM at the Billings Auditorium at UVM in Burlington

The time is NOW to move away from dirty sources of energy such as tar sands, nuclear, oil and coal. Solutions are available now to move us away from expensive, dangerous and polluting energy.

Come hear national and international experts on the problems of dirty energy – from fracking to tar sands – and  the real-world successes of renewable power – including community based renewable power in Europe.

Throwing up our hands is not an option. Come find out how to make a clean energy future our reality.

You can sign up and more information here:  See you Saturday!

The Vermont Public Service Board will be holding a public hearing on the proposed expansion of Vermont Gas facilities.

Vermont Gas Systems Expansion

Thursday evening, March 21, 2013

7:00 p.m 

Champlain Valley Union High School in Hinesburg, Vermont

At a time when climate change is upon us we must think carefully about putting in place new fossil fuel systems that will be around for a very long time. Keeping us hooked on fossil fuels for many years is a bad idea.

The Board will be considering the proposed route, which runs through valuable wetlands and farmland. This is the beginning of a bigger project to supply gas across Lake Champlain to New York. It also moves Vermont closer to being able to access gas supplies from fracking, which is ongoing in New York and Pennsylvania.

Come let the Board know what concerns you have. Tell the Board you want to make sure energy is used wisely and that Vermont takes steps now to reduce our addiction to fossil fuels. It is important for the Public Service Board to hear from you.

Vermont has a key role to play in keeping tar sands oil where it belongs — in the ground.

The increasingly imminent proposal to move tar sands oil from Canada through an existing pipeline in the Northeast Kingdom brings this issue very close to home.

At town meetings across the state earlier this month, 29 Vermont communities passed resolutions opposing the transportation and use of tar sands oil. This was a clear message that Vermonters don’t want to be complicit in the next chapter on climate destruction.

As with the controversial Keystone XL pipeline, President Obama can nix any proposal to bring tar sands through Vermont. Congressional members, including Vermont’s delegation, have called on the president to give any plan to bring tar sands through New England a searching environmental review.

We are a small state, but we have already borne more than our fair share of climate-change disasters. Stopping tar sands oil in its tracks and keeping it out of Vermont moves us in the right direction on climate change and helps avoid more climate devastation.

Tar sands oil, a gritty tar-like substance extracted from the sands of Alberta, Canada, is very different and far more damaging to our climate than conventional oil. It leaves behind a big mess and literally digs us deeper into the hole of climate change.

In a recent Scientific American article, editor David Biello reports that tar sands oil emits twice the greenhouse gas per barrel as conventional oil. As we seek newer and cleaner energy sources, using oil that is twice as dirty sends us hurtling at warp speed in exactly the wrong direction.

The nation’s leading climate scientist, James Hansen, says the exploitation of tar sands oil will mean “game over” for the climate. It’s not just that tar sands oil is twice as dirty — there is also a lot of it. The government of Alberta estimates that it has available proven reserves of over 170 billion barrels of tar sands oil. That makes it the third largest proven reserve in the world, enough oil to meet Canada’s current demand for four hundred years.

The tar sands oil in Alberta sits beneath an area that is roughly the size of Florida. The reserves are vast and bountiful — not what we want from a resource that is extra dirty.

Doubling down on tar sands keeps us sadly hooked on oil, hooked on climate disasters for centuries and delays efforts to move towards cleaner energy supplies.

Tar sands oil creates other problems as well. The oil is extracted in enormous open pits, leaving vast destruction in its wake. Large areas are left uninhabitable for wildlife. Migratory birds get trapped in the waste pits.

And tar sands oil is corrosive, meaning greater wear and tear on pipelines — many of which are more than 60 years old, like the one in the Northeast Kingdom.

Spills of tar sands oil are far worse and more difficult to clean up than ordinary spills. The 2010 spill of tar sands oil in the Kalamazoo River in Michigan is already the most expensive pipeline oil spill in U.S. history, and cleanup may never be complete.

In short, tar sands oil is bad news all around.

Vermonters are not idly standing by. In addition to the town meeting resolutions, the Legislature is considering a bill that would require a review of any proposal to move tar sands oil through Vermont.

And a number of environmental groups and citizens recently filed a legal action requesting that any plans to use the existing pipeline for tar sands oil be reviewed though Vermont’s land use development law — Act 250 — to protect our land, water and air resources threatened by this dirty fuel.

The resolve of Vermonters can help keep tar sands oil in the ground and show how responsible action to tackle climate change can leave a clean legacy for our children.

This article was originally published as a Weekly Planet column in the Environment Section of the Rutland Herald/Times Argus newspapers on March 17, 2013. You can find a copy here.

Senator Bernie Sanders is hosting a Global Warming Conference – What does it mean for Vermont?  — on Saturday March 16 from 10am to 4pm at Montpelier High School in Montpelier Vermont.

Bill McKibben will be the Keynote Speaker and Senator Sanders will be joined by Vermont and national leaders for workshops and discussions about climate change and what it means for Vermont.

I am pleased to join Senator Sanders and Bill McKibben for this event. It is a great opportunity to learn more about how we can tackle climate change together.

The event is free and open to the public and lunch will be provided.

More information is available here.

photo courtesy of Shannon Henry @ flickr.com

The past few weeks have not been kind to Vermont Yankee or its owners. Investment analysts continue to raise doubts about Yankee’s economic future. It is costing more to run the plant and its future looks bleak.

In Vermont, hearings began last week before the Public Service Board on whether state approval should be granted. Entergy’s four – that’s right, four – law firms are packing the hearing room, but the plethora of high-priced lawyers are having a hard time showing that Vermont will be better off to keep the plant running. Much of their time is spent raising objections and claiming nearly every matter is out of bounds, and cannot be considered by the Board.

The Board must decide if continued operation is in Vermont’s best interests. Matters of radiological safety cannot be considered by the state board, but matters of economics, power supply and the environment are fair game.

During the first week of hearings, Vermont Yankee’s witnesses were on the stand. It was an impressive collection of corporate executives, economists, professors and power professionals. Their testimony had been previously submitted in writing. The hearings allowed the Board and the parties to ask questions.

Just like the tired old plant, the questions revealed real cracks in Vermont Yankee’s claims. One of Entergy’s top executives acknowledged “very serious issues” regarding “misinformation” about the existence of underground pipes at the plant in 2010. He also acknowledged a number of past incidents where penalties had been imposed for failing to follow required rules.

On power supply, the plant is not needed for reliability. The lights will still stay on without Vermont Yankee. There is an excess of power available in New England and the growth in renewables alone over the next decade is greater than the total output of Vermont Yankee.

When asked about environmental problems at the plant, Entergy’s executive confessed he is not an expert on environmental law noting he took that class “Pass/Fail” in law school. Too bad. Vermont deserves better.

Hearings continue February 19 at the Vermont Public Service Board, and are expected to finish February 25. The Board has asked for additional Entergy witnesses to explain how it has complied with prior commitments and also about events that happened in 2010. The State of Vermont, Conservation Law Foundation and the other parties will then make available their witnesses who will answer questions about power supply, the environment and economics.