Today, the EPA announced the first national standard for emissions of mercury and other toxic pollutants from coal-fired power plants. This rule will protect public health, preserve our environment and boost our economy, particularly for New England, which absorbs the downwind effects of air pollutants generated in other regions of the country. Jonathan Peress, CLF’s director of clean energy and climate change, responds.

“Right now, coal-fired power plants are allowed to poison the air we breathe with toxic pollutants like mercury, arsenic and lead. The EPA’s proposed ‘Air Toxics Rule’ will provide critical protection from major health impacts, including cancer, brain damage and birth defects, associated with this deadly brew of as yet unregulated pollutants.” More >

As reported in the Concord Monitor and the Manchester Union-Leader and on WMUR, the public was out in force last night at the first of seven public scoping meetings kicking off the Department of Energy’s (DOE’s) environmental review of the Northern Pass project. More than 400 attended, and about 50 people expressed their views on the project and the issues that should be addressed in DOE’s environmental impact statement (EIS).  It was a testament to the value of the National Environmental Policy Act (NEPA), which requires that federal agencies encourage and consider public input on the environmental and other effects of agency decisions and potential alternatives to those decisions.  It was also clear that the proposal, as currently presented and described by the developer Northern Pass Transmission, LLC, has very little public support; dozens of speakers from up and down the proposed route expressed opposition to the current proposal.

During the formal commenting session, I made brief remarks to insist that DOE conduct a wide-ranging and rigorous NEPA process, and I also requested that DOE provide more opportunities for public input by (1) extending the period for public comments on the scope of the EIS to May 3, and (2) releasing a proposed EIS scope and outline for public review and comment, before major efforts are undertaken to draft the EIS, to ensure that DOE is considering all relevant impacts and alternatives.  CLF’s press release about the meeting is here, and my prepared remarks are here.  CLF will be following up my remarks at the meeting last night with written comments as well.

If you have concerns about the project, know of environmental and community impacts that you think DOE should consider, or alternatives to the project that DOE should analyze, you can participate in the scoping process by speaking at one of the remaining meetings, or by submitting written comments to DOE by the deadline (currently April 12).  All the details you need are in CLF’s one-page handout on the scoping process.

For more information about Northern Pass, visit CLF’s Northern Pass Information Center (http://www.clf.org/northernpass) and take a look at our prior Northern Pass posts on CLF Scoop.

This week, the United States Department of Energy (DOE) is conducting seven “public scoping meetings” in different communities in New Hampshire as part of the scoping process for the Northern Pass Environmental Impact Statement (EIS).  A one-page summary of the scoping process, suitable for printing, is here, and more detailed context is here.

This is a critical, early part of the review process, and an important opportunity to explain your concerns about the project to DOE officials. If you did not reserve a spot in advance, you should be able to sign up to speak when you arrive at the meetings. I’ll be presenting brief remarks at tonight’s meeting in Pembroke. The schedule is:

• Monday, March 14 (TONIGHT), 6-9 pm, Pembroke, Pembroke Academy cafeteria, 209 Academy Road  (map | directions)
• Tuesday, March 15, 6-9 pm, Franklin, Franklin Opera House, 316 Central Street (map | directions)
• Wednesday, March 16, 6-9 pm, Lincoln, The Mountain Club on Loon, Hancock Room, 90 Loon Mountain Road  (map | directions)
• Thursday, March 17, 6-9 pm, Whitefield, Mountain View Grand Hotel and Resort, Presidential Room, 101 Mountain View Road (map | directions)
• Friday, March 18, 6-9 pm, Plymouth, Plymouth State University, Silver Center, 114 Maine St. (map | directions)
• Saturday, March 19, 1-4 pm, Colebrook, Colebrook Elementary School, 27 Dumont Street  (map | directions)
• Sunday, March 20, 1-4 pm, North Haverhill, Haverhill Cooperative Middle School, 175 Morrill Drive (map | directions)

Each meeting will include both an “informal workshop” and a more formal session for the public to present information regarding the potential environmental impacts of the project.  The formal portion of the meeting will be transcribed by a stenographer, and all public testimony will be included in the official administrative record of DOE’s review of the project.

CLF is working to secure a clean energy future for New Hampshire and New England – one in which our energy system (1) is cleaner and less carbon-intensive, (2) provides reliable power with minimal environmental impact and at reasonable cost, and (3) is supported by a robust, local clean-energy economy built on energy efficiency and renewables.  CLF is working to ensure that the Northern Pass project moves us toward – and not away from – this future.  We are dedicated to promoting fair, well-informed, and rigorous environmental permitting processes to achieve:

• A solution with minimal impact on the environment and communities;
• Equitable sharing of benefits and burdens;
• Displacement of dirty power; and
• A market that encourages energy efficiency and provides a level playing field for local renewable energy.

Read the full news release >>

UPDATE:  Check out my post on the first meeting in Pembroke.

For more information about Northern Pass, visit CLF’s Northern Pass Information Center (http://www.clf.org/northernpass) and take a look at our prior Northern Pass posts on CLF Scoop.

(image credit: flickr, cannuckshutterer, CC BY-NC-SA 2.0)

The tragedy in Japan brings some very real risks of nuclear power into focus.  The ”GE Mark I Boiling Water Reactors” in Japan are the same type as the ones used at Vermont Yankee and Pilgrim in Plymouth, MA.

Our colleagues, nuclear experts David Lochbaum and Edwin Lyman at the Union of Concerned Scientists, are providing helpful and detailed analysis and insights about the unfolding nuclear events in Japan at http://allthingsnuclear.org/

It is worth a look.

An important development today in the Northeast Utilities/NStar merger proceeding: the Massachusetts Department of Public Utilities (MA DPU) announced that it will modernize the standard of review for utility mergers, including requiring that climate change impacts be taken into account. CLF issued the following statement in response:

Sue Reid, director of Conservation Law Foundation’s Massachusetts office, said, “The DPU’s decision to modernize the standard of review for utility mergers and require that climate change impacts be taken into account is a very welcome development. A merger like the one proposed by NU and NSTAR – which would create the largest utility in New England and one of the largest in the nation – appropriately should be required to meet a “net benefit” test, rather than the mere “no net harm” standard used in the past. This change goes to the core of the merger petition filed by NU and NSTAR. These companies now must bear the burden of proof to demonstrate how this merger would benefit the public – in terms of jobs created, consumer choice, renewable energy commitments, and greenhouse gas reductions in keeping with Massachusetts’ ambitious requirements. It also will provide a more meaningful opportunity to address widespread concerns raised by stakeholders from the environmental, business and labor communities about the potential impacts of the proposed merger.”

CLF intervened in the NU/NStar proceeding in January, 2011.

In response to a February 21 order by the Rhode Island Supreme Court, the Conservation Law Foundation (CLF) today filed a brief defending its legal standing in the Deepwater Wind case and issued the following statement:

Jerry Elmer, staff attorney at CLF Rhode Island, said, “If CLF and others are denied standing in this case, it will have the effect of shutting down the process for reviewing and appealing the PUC’s decisions on renewable energy contracts, not just in this case, but potentially on all future contracts as well.”

Tricia K. Jedele, director of CLF Rhode Island, said, “The need for a fair and open process to ensure that renewable energy development is done right in Rhode Island is at the heart of CLF’s case. That fair and open process begins with a finding by the Court that CLF has standing to pursue this appeal on behalf of its members and in the interest of Rhode Island’s clean energy future, which is in the public interest.”

Maine Turnpike Authority Executive Director Paul Violette steps down after 23 years at the MTA.

A well-entrenched leader who spent decades in power of a wealthy quasi-government agency just resigned amid a public outcry over extravagant spending.  No, this isn’t another North African country unshackling itself from an autocratic regime, it’s the Maine Turnpike Authority’s Executive Director, Paul Violette, stepping down after running the MTA for 23 years.

Legislators in Augusta sought Violette’s ouster in the wake of a report released in January by the state’s Office of Program Evaluation and Government Accountability (OPEGA). The watchdog report scrutinized MTA’s complex budget and spending practices and unearthed questionable expenses including spending $1.1 million for travel and meals for employees from 2005 to 2009 and other luxurious expenditures for MTA management.  And while it is these flashy expenses that have enraged the public, a more in depth review of the report reveals that much work is needed to create an atmosphere of transparency and accountability, especially with respect to what constitutes an operating surplus–how expenses and costs are categorized by the MTA has a direct and profound impact on the quality of Maine roads that aren’t operated by the MTA.  In response to the report, the MTA disagreed with OPEGA’s characterization of the operating surplus budgeting as “ambiguous.”

The operating surplus issue is one that has been neatly and powerfully addressed by Rep. Moulton’s ZOOM bill, LD 673, by requiring the MTA to provide MDOT with at least three percent of its operating revenue and any operating surplus.  In addition, the bill seeks to get the MTA to stop spending money on road widening and instead, reallocate funds towards mass transit that will serve far more Mainers, from York, Wells, Biddeford, Saco, Portland, Lewiston, Auburn and Augusta.  For years, the MTA has spent a mere pittance on mass transit; only $8 million out of a $666 million, 10-year operating budget.  With the management shake-up at MTA, we can hope that the days of squandering are over and the time for accountability has arrived, with an immediate focus on meeting the transit needs of Maine people.

CLF and all stakeholders concerned about the fairness and objectivity of the environmental review process for the proposed Northern Pass electric transmission project scored an important victory today.  Responding to concerns raised by CLF and others, Northern Pass Transmission, LLC has today formally requested termination of an agreement with the Department of Energy that tasked Northern Pass’s contractor, Normandeau Associates, with preparing the federal Environmental Impact Statement for the proposed project.  Northern Pass Transmission, LLC has requested that the Department of Energy, which is administering the environmental review as part of its Presidential Permit process, select a new contractor to prepare the Environmental Impact Statement.

In filings with the Department of Energy last month, CLF and other parties sounded the alarm about the Department of Energy’s choice of Normandeau on the grounds that Normandeau was also working for the project applicant, Northern Pass Transmission, LLC and demanded that the Department of Energy retain a different contractor without a conflict of interest.  More recently, New Hampshire’s two U.S. Senators added their voices to the chorus questioning the selection of Normandeau to prepare the EIS.  With the pressure mounting and scoping meetings for the EIS scheduled to take place next week, Northern Pass’s action today means that the Department of Energy should now move forward with the environmental review of the Northern Pass project with the objectivity and independence that federal law requires.

As the process gets underway and a new contractor is selected, CLF will continue to advocate for an open, fair and rigorous environmental review of this transmission project, its many significant potential impacts and all possible alternatives to the current proposal.

CLF has intervened in proceedings regarding the proposed merger of Northeast Utilities (NU) and NSTAR, which combined would create the third largest utility in the country and the largest in New England. CLF has intervened in the proceedings before the Massachusetts Department of Public Utilities (DPU) to ensure that the merger will only be allowed to go forward if it is “consistent with the public interest.”  This will require a thoughtful analysis of the merged utility’s long-term strategies for delivering energy while fully meeting the greenhouse gas emission reductions, renewable energy and energy efficiency requirements of the MA Global Warming Solutions Act and Green Communities Act.  It also will require a close look at the economic and environmental risks posed by the energy generation assets that would be owned by the merged utility.

One of CLF’s concerns is that NU subsidiary Public Service of New Hampshire (PSNH) owns and depends upon outdated, inefficient coal- and oil-fired power plants. These plants – which are obsolete and increasingly more expensive and less economic to operate – present risks and liabilities that would be spread to NSTAR’s ratepayers if the merger goes forward.  Another concern is that the merged utility might seek to weaken Massachusetts’ renewable energy standards, as suggested in some of the utilities’ public statements, allowing large hydropower to “flood” the market (pun intended!) and chill development of other renewable energy sources such as small wind and solar facilities.

Currently, the procedural schedule for the merger proceeding pending before the Massachusetts DPU has been suspended while the DPU considers whether to modernize the legal standard it will apply.  CLF and other parties have asked that the legal standard be adapted to account for changes in relevant laws, including the Global Warming Solutions Act and Green Communities Act.

Stay tuned as we await the DPU’s ruling and further action in the merger proceeding!