Legalectric

I love it when this happens — when the truth is so obvious that they can no longer deny it:

This decreased demand is the reason they want us to pay for transmission lines across the U.S. so they can market all this surplus power in locations where prices are higher.  DOH!

Electricity Sales Anemic for Seventh Year in a Row – WSJ July 28 2014

An air emissions decision emerged from the bowels of the U.S. Supreme Court today.  Here’s the PDF:

U.S. SCt Court Case No. 12-1146_ Utility Air Regulatory Group v. EPA

Here’s the gist from the syllabus:

I’m glad for the most part that my practice doesn’t get deep into these issues, this is pretty dense.  But what strikes me is the absurdity of any reliance or reference to “carbon capture and storage” as useful in a BACT analysis.  Oh my…

Photo provided by the City of Lynchburg, Virginia April 30, 2014.

+++++++++++++++++++++++++

Platts confirms it was Bakken BOOM! crude oil:
CSX says 15 cars derailed from train in Virginia

From Bloomberg:

This time it’s Lynchburg, Virginia. Don’t know where the train originated, what type of oil, but there is indeed a trend!

Video from News8000.com

Bakken BOOM crude oil MUST be DEGASIFIED before it is shipped, shipped by rail, shipped by pipeline, it must be DEGASIFIED before it goes anywhere, because the high gas content is what makes it dangerous.  DEGASIFY now.  How many more towns must burn before they DEGASIFY?

Here’s the DOT letter regarding degasifying:

1_2_14 DOT Rail_Safety_Alert

And here’s the part that addresses degasifying the crude before transport:

Come on, DOT, how hard is that to understand?  Bakken crude must be degasified before it goes rolling down the track.

From Common Dreams:

Black Smoke, Flames Spew from Train Derailment

From Reuters:

CSX train carrying oil derails in Virginia in fiery blast

From desmogblog:

Breaking: CSX Railroad “Bomb Train” Carrying Crude Oil Explodes in Lynchburg, Virginia

From the STrib:

Tanker cars carrying crude oil derail, catch fire in Lynchburg, Va.; buildings evacuated

Today in my inbox arrived a few very disheartening links, scary links, showing what we’re in for.  Those who think we’re in good hands in Minnesota haven’t looked at the actions of Gov. Mark Dayton.  His being a shep nut does not make up for the policy disasters of his administration.  Remember Dayton’s Executive Order 11-04 and Executive Order 11-32?  Now, there’s MORE!

What a friend we have in Day-ton,

he would take our rights away.

With the public’s voice so stifled,

blind “streamlining” rules the day!

 

O, what peace we often forfeit,

O, what needless pain we bear.

All to speak to those unhearing,

taking as much as they dare.

(sorry, my tape loop started going around, and the only way to stop it is to spit it out there)

Call Gov. Dayton’s office and tell him what you think — read these proposals below and, for example, let him know about your experience in permitting projects or in rulemaking, and what it would mean if these proposals were enacted:

Gov. Dayton’s “Contact Us” Form

Office of the Governor
130 State Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

Telephone: 651-201-3400
Toll Free: 800-657-3717
Minnesota Relay 800-627-3529
Fax: 651-797-1850

I just sent this regarding Dayton’s agenda, and filed in the PUC’s Ch. 7850 Rulemaking docket:

Comments of No CapX 2020, U-CAN anad CETF March 18 2014

Here’s what he’s proposing in his “unsession” at the legislature:

The Unsession

·         The Unsession: Plain Language

·         The Unsession: Plain Language Examples

·         The Unsession: Permitting Reform

·         The Unsession: Eliminating Unneeded, Outdated Laws

·         The Unsession: Simpler Taxes

·         The Unsession: Rulemaking Reform 

·         The Unsession: Governor Dayton’s 1,007 Unsession Proposals

The Permitting Reform and the Rulemaking Reform are the ones that stick in my craw, particularly that rulemaking proposal, given the proposed rule changes that appeared some time ago for 1400 and 1405:

Above is photo from Red Wing derailment, from Republican Eagle.

The U.S. Department of Transportation has ordered stricter standards for transportation of crude oil, stemming from the Bakken oil train disasters cross country.  It’s about time!

DOT – Emergency Restriction – Prohibition Order (Docket DOT-OST-2014-0025)

From the Order, it seems they’re getting it figured out:

Here in Minnesota, Rep. Frank Hornstein is holding an INFORMATIONAL hearing.  He’s the chair of House Transportation Finance, and if you want to testify (this is not about a specific bill, that’s pending), contact the Committee staff and let them know you’re interested in speaking out:

Administrator: Matt Scherer 651-296-3316

Legislative Assistant: Rachel Nelson 651-296-5486

You can also contact committee members and let them know what you think, here’s the Committee Page and emails are listed.

Now, back to the DOT Order — here are some specifics about misclassification leading to improper shipment:

And they specifically address the Lac Megantic explosion and found that the rail cars that had NOT exploded were correctly classified:

There are a lot of interesting links in this report, links to investigations, etc., including this page, about the investigation that really got the DOT rolling:

PHMSA Ongoing Bakken Investigation Shows Crude Oil Lacking Proper Testing, Classification

From this report, note the links to Notices of Proposed Violations, chump change, but nailing down some violations (note, for example the Hess Corporation one, with multiple violations, and there’s a sliding scale taking into account past violations, so will they be on them in the future?  We shall see.):

As a result of today’s findings, PHMSA has expanded the scope of Operation Classification to include testing for other factors that affect proper characterization and classification such as Reid Vapor Pressure, corrosivity, hydrogen sulfide content and composition/concentration of the entrained gases in the material.  PHMSA will also move forward with the Notices of Proposed Violations totaling $93,000 that were issued to Hess Corporation, Whiting Oil and Gas Corporation, and Marathon Oil Company, and will continue working with the rail and oil industry based on Secretary Foxx’s Call to Action, including sharing of additional data, and recommendations for future safety initiatives.