photo credit: Ivy Dawned, Flickr

The end of any legislative session is tumultuous. Vermont’s citizen legislature, that meets part-time only a few months each year, is no different. In this year’s end-of-session tumult, progress on clean energy was left on the cutting room floor. This is a big disappointment. The same legislature that made skiing and snowboarding Vermont’s official winter sports failed to pass legislation that would keep those sports off the endangered list.

The Vermont Legislature stripped the Renewable Energy Standard from the energy bill it approved. Renewable standards require utilities to help address climate change by providing their customers with a certain percentage of power from clean, renewable sources. The more power we get from clean sources, the less power we get from older and dirtier fossil fuel plants. Twenty-nine states, including every other New England state, already have renewable standards, but Vermont is left behind in the dark ages of dirty power.

Throughout the session, CLF worked closely with other environmental organizations, business leaders and renewable developers to put in place a meaningful renewable standard so Vermont’s electric power users can do more to reduce carbon. The urgency of the climate crisis demands strong action.

There will be opportunities to move further ahead on renewable electricity next year, along with some legislation to help heating efficiency and electric vehicles, but each year we delay means more carbon reduction is needed. It is disappointing that in a year in which Vermont saw, in the form of flooding from Hurricane Irene, the kind of damage that climate change can do, and then saw one of the warmest winters on record (which wreaked havoc on ski areas and maple syrup production), we are not doing more to tackle climate change.

A keystone to CLF’s work to secure a clean energy future for the region is completing the transition to a coal-free New England. It is a time of historic progress: cleaner, cheaper alternatives are driving coal out of the market, and old coal plants are closing their doors. But Massachusetts remains a critical battleground for CLF’s work, with two costly old coal-fired power plants continuing to jeopardize public health and stoke climate change.

That’s why we’re delighted to tell you about an event hosted by Cambridge City Councilor Marjorie Decker entitled “The True Cost of Energy: Coal.” Councilor Decker has invited the public to a panel discussing the true costs of coal and a free screening of the critically acclaimed documentary The Last Mountain in Cambridge, MA, on Wednesday, May 9. With stunning footage of the practice of mountaintop removal mining, the film bears dramatic witness to the social, public health, and environmental damage wrought by coal and power companies, and chronicles the grassroots fight against coal in Appalachia and around the country. The New York Times called The Last Mountain a “persuasive indictment” of coal; I think you’ll agree.

The Last Mountain producer Eric Grunebaum will be on hand for a panel discussion to discuss the film and the future of coal-fired power in Massachusetts and New England. I will be available before and after the event to answer any questions you may have about CLF’s work to secure a coal-free Massachusetts.

Please attend:
When: Wednesday, May 9, 2012. 5-8:30 pm.
Where: Cambridge Public Library, 449 Broadway, Cambridge, MA 02138 (map).

Bring your friends and family, and email me at scleveland@clf.org with any questions. I hope to see you there!

You can watch the trailer here:

In a world where messages are sent instantaneously, it is hard to believe the time to consider (again) whether the continued operation of Vermont Yankee is good for Vermont would take more than a year.

Entergy, Vermont Yankee’s owners, proposed a schedule to Vermont regulators that would have the case completed in just over eighteen months.  

CLF argued for a shorter schedule noting that Entergy’s schedule was “roughly equivalent to the gestation period for elephants.”  This is simply too long.

Most cases, including the previous Vermont Yankee proceeding at the Public Service Board and the recent federal trial for Vermont Yankee were completed in far less time. 

In its ruling on May 4, the Vermont Public Service Board accepted the longer time-frame Entergy requested. It also provides for two separate rounds of hearings – one in February and a second in June. The Board also scheduled two public hearings where anyone interested can weigh in and provide input to the Board on whether Vermont Yankee should retire.

Entergy’s foot dragging means Vermonters will wait an extra eighteen months before seeing this tired, old and polluting nuclear plant closed. That’s too bad. Especially since the plant was supposed to close on March 21, 2012.

photo credit: stuck in customs, flickr

The two sets of hearings suggest the there will be a very thorough review and the Board, which likely will take a very active role in the hearings.

The thoroughness is good. It just shouldn’t have to take this long.

photo credit: riekhavoc, flickr

Another false claim by Entergy – the owner of the Vermont Yankee nuclear facility in Vermont – is laid to rest. On Monday, the ISO-New England came out with an important determination that Vermont Yankee is not needed for reliability of the electrical grid.

This has been brewing for awhile and is quite significant since Entergy keeps claiming its tired old and polluting plant on the banks of the Connecticut River is needed for reliability. That claim is simply false.

In a filing made with the Federal Energy Regulatory Commission, the ISO New England stated:

“[T]he ISO determined that Vermont Yankee is not needed for reliability for the 2015-2016 Capacity Commitment Period. This determination is based on the expectation that certain transmission upgrades will be in place prior to the 2015-2016 Capacity Commitment Period as well as new resources which have been procured through the Forward Capacity Market.”  [see page 8-9 of this filing]

This is a very important determination and is good news for New England’s clean energy future. It shows the transformation of our power grid to cleaner sources and away from older and polluting coal and nuclear plants.

By way of explanation, the ISO New England operates the region’s electricity grid to ensure the lights stay on. It holds auctions to determine which resources will supply capacity to meet power needs in future years. This is the forward capacity auction referred to above.

What this means is that Entergy will not collect capacity payments for Vermont Yankee during 2015 to 2016.  That means that ratepayers will not be forced to prop up this tired, old, expensive and polluting nuclear plant, or its untrustworthy owners. Ratepayers will not be paying for Vermont Yankee to be available to operate.

This determination recognizes that grid improvements and new resources will keep the lights on without Vermont Yankee. Another false claim by Entergy is laid to rest. Our region moves one step closer to a cleaner energy future.

As the scheduled retirement date for Vermont Yankee approaches, it becomes clearer than ever that this costly, tired, leaky and polluting plant’s days are numbered.

The disappointing Federal Court decision that limited action by the Vermont Legislature to close Vermont Yankee kept intact review by Vermont utility regulators.

That review began and Entergy is being pressed hard to justify its continued bullying and defiance. 

Conservation Law Foundation’s recent recommendations note:

• The Vermont law that was not struck down by the federal court precludes storing waste generated after March 21, 2012.
• Entergy’s current authorization precludes operation after March 21, 2012 except for decommissioning.
• The sale of Vermont Yankee to Entergy in 2002 was approved based on a promise not to operate past March 21, 2012.

The broken promises from Entergy continue.  A new book, aptly titled “Public Meltdown” that highlights some of CLF’s work, provides great insight into how the public lost trust in Entergy and Vermont Yankee over the past few years.  Entergy’s recent actions continue this sad trend.

*UPDATE* 3/20/12  – Late Monday the federal district court issued a disappointing new order that precludes the State from taking some actions, while an appeal is pending, regarding storage of spent fuel.  This is a step backwards for clean energy.  Vermont may be forced to store additional nuclear waste for years while this appeal winds its way through the courts.  Five minutes later, Vermont regulators issued a stunning rebuke to Entergy that makes it clear they intend to hold Entergy to its promises and commitments.  Stay tuned.

The initial short-range solutions are in.  Quick, effective and clean.  Unanimous agreement on a suite of projects to move forward to help people get around in Chittenden County. 

When Vermont’s Governor, Peter Shumlin announced in May that the “Circ Highway” - an expensive, polluting and outdated ring-road around Burlington – would not be built as planned, he set in motion a Task Force to develop short, medium and long range solutions.  Since the summer the Task Force has been meeting and working.  Despite bumps, potholes and diversions in the form of more limited time and money because of the need to address problems that arose from managing the chaos Hurricane Irene left Vermont, the Task Force forged ahead.  

Last week we agreed unanimously on 5 short-term projects to get started in the coming year.  They include some innovative and out-of-the-box projects like expanding park & ride opportunities for commuters by leasing spaces in key locations, as well as more traditional projects of bus shelters and intersection imprrovements.  One very exciting project would re-work the street grid in Essex Junction, turning a parking lot into a downtown street, converting “five corners” into “four corners,” enhancing the streetscape and improving commerce and living opportunities in this New England downtown. 

Conservation Law Foundation is excited to be working with Chittenden County communities, businesses and state officials to get people, goods and ideas moving.  We are off to a great start. 

You can learn more about the Circ Task Force’s work at its website. 

A Public Meeting to discuss and learn more about these projects will be held on Wednesday, December 14, 2011, 7:00 p.m. at the  Albany College of Pharmacy and Health Sciences in Colchester.

Starting tomorrow, those concerned about Lake Champlain and interested in helping outline how to deal with nutrient pollution threatening its future will have a chance to make their opinions heard.

The U.S. Environmental Protection Agency, with the help of Vermont’s Department of Environmental Conservation, is in the process of re-writing the Lake Champlain Phosphorous Total Maximum Daily Load. This effort must be successful if we are to reduce phosphorous pollution to our great lake and keep one of Vermont’s most important resources swimmable, fishable and drinkable.

As you may know, the TMDL is an important technical document which acts as a phosphorous pollution budget so Vermonters can plan for reducing how much phosphorous we ask Lake Champlain to handle. We currently add much more phosphorous – well over twice as much in some years – than is safe for the lake ecosystem. The result, excess weed growth, potentially toxic blue-green algae blooms and low dissolved oxygen, makes the lake less usable. And those problems are likely to become more widespread, particularly with two floods of historic proportion this year.

Thanks to the work of Conservation Law Foundation, the EPA ruled earlier this year that the TMDL approved in 2002 was not adequate to truly protect and restore Lake Champlain. Now federal and state authorities have organized a set of public meetings to help in reworking the TMDL which will take place over the next week and will be focused on the northern portion of the Lake Champlain basin. A second set of meetings focused on the southern portion of the lake is scheduled for November 14th through November 18thand I will send you more details when they are finalized.

As you can see from the schedule below, the first set of meetings are roughly organized by sector of interest. Given that a draft of the new TMDL is still in the works, I expect the topics covered during these conversations will be quite broad and include questions of funding, how to structure the TMDL and possible barriers to implementing it. I encourage you to attend one of them if you are at all interested in learning more, and especially if you have concerns or thoughts about the way this issue has been addressed and how it will be addressed in the future.

I plan on going to most of these meetings and will be taking notes, so if you are interested in the subject but cannot attend one of the meetings I am happy to provide you with my unofficial minutes of those I have attended (lporter@clf.org).

You can file written comments if you are unable to attend and the state has asked that, if possible, you let them know if you are planning on going to one of the meetings so they can make sure the rooms are large enough. Both can be sent to Michaela Stickney, VTDEC Lake Champlain Basin Coordinator, michaela.stickney@state.vt.us.

The EPA’s disapproval decision finding that the 2002 TMDL is inadequate can be found here:

http://www.epa.gov/region1/eco/tmdl/pdfs/vt/LakeChamplainTMDLDisapprovalDecision.pdf

Vermont’s revised implementation plan for the TMDL can be found here:

http://www.anr.state.vt.us/cleanandclear/news/TMDL%20impl%20plan%20final%20-%20011510.pdf

The Lake Champlain Basin Program’s State of the Lake Report, which includes information on Phosphorous loads, can be found here:

http://www.lcbp.org/lcstate.htm

1.       Tuesday October 4, 10am – 12pm
Agricultural Sector
Winooski Natural Resources Conservation District (NRCD)

617 Comstock Rd, Suite 1
Berlin, VT

Phone: (802) 828-4493 Ext. 113
► (meet in the UVM Extension conference room in the complex)

 2.       Tuesday October 4, 3-5pm
Northern Municipality Sector
Northwest Regional Planning Commission (NRPC)

155 Lake Street
St. Albans, VT

(802) 524-5958
► (meet at NRPC offices)

3.       Wednesday October 5, 11:30am-1:30pm 
Business Sector
Lake Champlain Regional Chamber of Commerce & Greater Burlington Industrial Corporation

60 Main Street, #100
Burlington, VT
(802) 863-3489

► (meet at LCRCOC offices)
4.       Wednesday October 5, 5:30-7:30pm
Nonprofit/Mid-lake Watershed Group Sector
ECHO/Leahy Center

1 College St.
Burlington, VT

(802) 864-1848
► (meet in Alcove upstairs)

5.       Thursday October 6, 10am-12pm
Northern Lake Committee Sector
Lake Champlain Basin Program
54 West Shore Rd.

Grand Isle, VT

(802) 372-3213
► (meet at LCBP offices)

6.       Thursday October 6, 2-4pm
Stormwater/Urban Sector
Shelburne Town Offices

5420 Shelburne Road

Shelburne, VT

(802) 985-5110
► (meet at Shelburne Town Offices)

Camp Brook

The very severe damage in Vermont caused by Tropical Storm Irene led to an impressive and encouraging recovery effort both by state government and residents, many of whom volunteered to help their neighbors salvage and rebuild.

Unfortunately, however, the storm – the second flood of historic proportions in the state this year – also seems to have washed away much of what we have learned about the dangers of digging gravel from streams and rivers.

In recent weeks there have been dozens of excavators and bulldozers in rivers across the state digging gravel, channelizing streams and armoring banks with stone, not only at great ecological cost, but – particularly in the many cases in which a true emergency did not exist – greatly increasing the risk of future flood damage.

Meanwhile, the state, by not setting and enforcing clear limits on that work in the rivers, has done little – at least so far – to prevent the damage.

Knowledge gained by the scientific study of these river systems, also known as fluvial geomorphology, leaves little doubt that increasing the speed of water by turning streams that meander over rocky beds into straight chutes with little structure not only destroys vital habitat for fish and other creatures, it also increases the potential destructive power of floods. It was advances in this physics-based science which led to significant limitations on gravel removal from Vermont rivers during the last two decades.

Rock River

However, the recent flooding (and statements by Vermont Gov. Peter Shumlin) has given new life to an outdated and inaccurate idea that removing gravel from the rivers is what prevented flooding in the past. This notion ignores the fact that restricting rivers into a man-made channel, cutting off the access to flood plains and jarring mature streams back into instability the risk of flood damage is significantly increased, particularly for neighbors downstream.

More on this subject can be found in a Burlington Free Press column here and in a Vermont Public Radio news story here.

A decision in the Vermont Yankee case is expected before the end of the year.  Meanwhile, CLF in its role as “friend of the court” submitted a post trial memo supporting the State of Vermont’s right to have a say about Vermont Yankee.  The brief explains that the Vermont Legislature acted well within its rights and why Entergy’s safety characterizations are faulty.

CLF Attorney Sandy Levine was a guest on the Callie Crossley show on WGBH in Boston Monday  afternoon to discuss Vermont Yankee and the future of nuclear power.

Entergy’s nuclear plants continue to have problems calling into question their ability to  be trustworthy and responsibly manage their nuclear fleet.

A problem at Vermont Yankee Sunday night reduced power to 36% and if the situation is not remedied shortly, the plant will be required to shut down completely.

At the Fitzpatrick Nuclear Power Plant in New York State, investigations led to 4 workers being fired, 34 disciplined, and criminal charges brought against the plant’s former radiation protection technician.  The investigations showed that employees falsified tests of safety equipment, failed to document air samples and failed to conduct leak testing, among other things.

In Michigan, the Palisades Nuclear Plant shutdown twice last week, due to a cooling system problem and also an electrical breaker fault.

This weekend Governor Cuomo stated that the Indian Point nuclear plant could easily be replaced with other power sources because “safety[is] first.”