Consumers Energy Hides Coal Ash Leaks, Puts People at Risk

July 21, 2010

FOIA request shows Consumers Energy violated state rules

BAY CITY – A controversial Bay City coal plant violated state law when it failed to monitor hazardous coal ash at its two landfills in the Saginaw-Bay area and report leaks that potentially endangered people, the citizens group Lone Tree Council said today.
The coal ash landfills belong to Consumers Energy, which operates the Karn-Weadock facility near Bay City. Coal ash leachate containing arsenic, boron, lithium and sulfate – all toxic chemicals linked to serious illnesses –have been previously discharged into Saginaw Bay from the sites.

“Consumers Energy’s coal ash cover-up only puts local families at greater risk, highlighting the fact that Michigan must slam the brakes on coal and turn to more clean energy,” Lone Tree Council President Terry Miller said. “Coal is killing Michigan jobs and coal ash is poisoning our water, land and air. Michigan must invest in more clean energy and energy efficiency now to protect our families, end our dangerous dependence on coal and create good-paying jobs for our working families.”

The Lone Tree Council obtained documents through the Freedom of Information Act (FOIA) showing that Consumers Energy received a notice of violation July 1, 2010. The notice from the Michigan Department of Natural Resources and Energy read, in part: “Unfortunately, the inaction by Consumers Energy to notify the Department of sampling challenges, and lack of first quarter sampling, and lack of monitoring of potentiometric levels, are all violations of each landfill’s approved HMP and operating license.” (Emphasis is in the original DNRE letter)

According to the DNRE, Consumers Energy’s Karn-Weadock complex failed its first quarter 2010 reporting requirements to monitor discharges from its toxic ash landfills. Consumers Energy had reached agreement with the state to monitor locations where groundwater from the ash landfills mixes with water in Saginaw Bay. Consumers Energy failed to comply with its hydrogeological monitoring plan, which is part of its operating license. Consumers Energy was also cited for failure to notify the DNRE that it couldn’t meet its requirements.

Consumers Energy has two landfills on Saginaw Bay: a 292-acre site and a 172-acre site. These landfills contain bottom ash and fly ash from decades of coal burning on the mouth of the Saginaw River. The ash was converted to slurry and piped to the landfills. Historically the landfills were unlined and the utility failed to create a barrier between bay water and groundwater from the sites. The utility received several variances to allow creation of these landfills in coastal marshes and state bottom lands. Testing ordered by the state in 2002 showed levels of arsenic that exceeded water quality levels leaching from the landfills into the bay, as well as other contaminants. The utility has since negotiated a response that included a barrier at the Weadock site and additional monitoring. A barrier at the Karn landfill is presently being explored by the company and the state.

“We applaud the DNRE for holding Consumers Energy accountable,” Miller said. “We cannot allow Consumers Energy to brazenly sweep its toxic coal ash problems under the rug.”

The notice of violation comes on the heels of national pressure to put coal ash residues under federal law as hazardous waste. The U.S. Environmental Protection Agency has recently issued two approaches: one would regulate coal ash as toxic waste and another would essentially leave the level of regulation up to individual states. The EPA is conducting hearings in locations around the country as well as taking comments.

Sierra Club Applauds MPSC Staff Finding No Need for Holland Coal Plant Expansion

 July 7, 2010

Alternative sources including efficiency and purchased power would meet
 electric needs cheaper than coal plant expansion proposal

Sierra Club volunteer and Holland area resident Jill Henke says “we really don’t need another polluting#coal plant in this area,” so she was thrilled to hear that the Michigan Public Service Commission staff#agrees with her. Jill has been actively involved in the fight for clean energy options and to stop the#Holland Board of Public Works (HBPW) proposed expansion of the existing James DeYoung coal-fired#power plant in Holland over the past couple of years.

On July 7, the MPSC staff issued its findings that HBPW did not make the case that this plant was#needed, and that the municipal utility failed to adequately consider alternatives, was overly optimistic#about growth in demand, and is proposing the coal plant expansion even though it will cost Holland#residents and ratepayers more than other options. The MPSC staff report was prepared for the#Department of Natural Resources and Environment (DNRE) based on the HBPW Electric Generation#Alternatives Analysis (EGAA) and wide ranging public input and comment. The MPSC staff report is#considered by the DNRE as part of its review of the proposed air pollution permit to install HBPW is#seeking for its proposed coal plant expansion.

Governor Jennifer Granholm issued an Executive Directive in early 2009 requiring that DNRE consider#the need the proposed power and the availability of alternatives to meet that need before issuing air#pollution permits for proposed coal plants. DNRE denied a permit application by Wolverine Power Supply#Cooperative this May, but issued a permit in December to CMS for a proposed plant. CMS in May put that#proposed coal plant expansion near Bay City on hold after also concluding that it did not make sense to#proceed with their plant proposal at this time. Timing for the DNRE decision on the HBPW permit is not#known, but could take several more months and involves review of thousands of individual comments and#technical and legal input on pollution issues as well as need and alternatives.

“ I really praise the Public Service Commission staff for their findings,” said Jan O’Connell, Sierra Club#Michigan Beyond Coal Campaign organizer. “There’s been a growing concern in the Holland community#about coal. This is really a great opportunity for the Holland Board of Public Works to go back to the#drawing board and get it right.”

The MPSC staff report is here: http://efile.mpsc.state.mi.us/efile/docs/16077/0077.pdf

Michigan consumers take on Cherryland Electric over coal plant

June 8, 2010

Contacts:
Tom Karas, Michigan Energy Alternatives Project 231-590-8164 
Tiffany Hartung, Sierra Club, Beyond Coal Campaign Office: (248) 549-6213 Cell: (248) 933-2451

Media push begins to influence annual meeting of member-owners

TRAVERSE CITY – A coalition of consumers, watchdog groups, and environmentalists are taking to the airwaves to influence the board of directors voting for Cherryland Electric Co-op. A series of TV and radio ads began airing June 7 to encourage co-op members to vote for anti-coal plant candidates who see clean energy options as better, more responsible business.

“Cherryland and Wolverine Co-ops were told that there was no need to spend billions of dollars to build this plant,” said Tom Karas of Michigan Energy Alternatives Project, “but management of these utilities won’t pull the plug on the Rogers City coal plant. They keep wanting to gamble with their member’s money. Appealing the State’s decision would only make a sad economic story even sadder for members”.

On May 21, the Michigan Department of Natural Resources and Environment denied Wolverine’s air permit, stating that there was no need for the power the plant would produce and that there were alternative ways to meet the power needs in the future.

Governor Jennifer Granholm affirmed the decision, saying the plant was a “job killer” because its higher electric rates would scare away new business and new jobs.

Since then, Cherryland’s general manager has said the company knew the plant wouldn’t be cheap, but it was “affordable.” Wolverine’s legislative director also told reporters that the ruling could be easily appealed and the Governor acted outside her office. Those comments, according Maureen Charbonneau, explain why she is running for a seat on the Cherryland board.

“They apparently want to keep gambling with our money,” Charbonneau said, “but it’s not theirs to gamble. It’s ours; the members are the real owners of the co-op.”

A TV spot is set to run on local NBC affiliate, WPBN-TV, from June 7-16. It urges co-op members to send in the ballot included in their May Country Lines magazine or attend the annual meeting, at Wuerful Park at 3pm on June 16. Radio spots are also airing throughout the day on radio stations WJML, WCCW, and WTCM and Newstalk AM 850. Postcards reminding ratepayers about the meeting were mailed on June 7.

“Clearly, Cherryland isn’t getting the message,” said Tiffany Hartung, with the Michigan chapter of the Sierra Club, which created the mailer. “Michigan doesn’t need this dirty, costly coal plant. If this board won’t respect consumers’ requests for a cheaper, cleaner alternative than coal, than we need a new board at Cherryland.”
The claim of cheaper and cleaner has recenly been reinforced by reports in both the Detroit Free Press and the Bay City Times. Out of the original 150 coal plant proposals the United States was facing three years ago, 125 have been withdrawn, mostly due to economic reasons.

For more info go to http://www.Co-opConversations.org/. To view the new video ads being aired on local TV, visit http://Youtube.com/ and enter “Cherryland Electric.”

Read Anne Woiwode's letter to the editor in the Traverse City Record Eagle below or click on this link: http://record-eagle.com/opinion/x1385495008/Forum-Unanswered-questions-cost-TCL-P

June 29, 2010

Forum: Unanswered questions cost TCL&P

By ANNE WOIWODE----

Traverse City is one of the most progressive communities when it comes to pursuing non-fossil-fuel energy sources, and residents deserve a lot of credit for that. However, the city got waylaid with the idea that biomass electric generation was a no-lose situation.

Despite a lot of requests that Traverse City Light & Power carefully consider the full impact of these proposed plants on the forests and pollution, Light & Power declined to do a complete environmental review.

The news that the biomass plants are on hold and that Light & Power will look at natural gas opens the window for all alternatives to get consideration.

What was most troubling in the article announcing the hold on biomass is Light & Power's suggestion that the problem was its inability to sell the plan to the public. That misses the boat entirely. An intelligent and informed public raised many questions that officials in Traverse City dodged or declined to answer.

Public officials thought the right thing to do was to hire people to convince the public to go along with a project instead of opening up discussion and answering the many valid questions raised. This is an object lesson about what our representative democracy is about — the decision-makers are tasked with making hard decisions, but their first job is to make sure they have asked and answered all the right questions, not to make a decision and then try to figure how to sell it.

One unanswered question was where the wood would come from to run the plant. There was not enough waste wood; and much of the standing timber being counted on to provide wood for these plants is not actually available, and other biomass and biofuel plant proposals in the northern Lower Peninsula and the eastern Upper Peninsula overlap the draw area for these plants.

This remains a huge issue that the state must address in a comprehensive way before permitting or providing funding for more projects, instead of simply repeating the misleading statement that Michigan is growing more wood than we cut.

If you live in the area of a proposed biomass or biofuels plant and have a woodlot, wouldn't you like to know whether the company is intent on using your timber as part of their pool? If you are the customer of a publicly owned utility, wouldn't you like to know if they knew where the fuel was going to come from before investing millions in a plant?

The last line of the article talks about there being no silver bullet for the energy issues we face. Bingo! That means it is time to make sure big decisions, whether coal, biomass, wind, solar or anything else other than reducing energy use, are addressed in a comprehensive way.

We must look at site-specific opportunities and barriers, require good environmental review and weigh trade-offs. Light & Power has the opportunity now to continue being a real leader in Michigan's energy future.

About the author: Anne Woiwode is the state director for the Sierra Club Michigan Chapter. 

Groups Applaud Wolverine Coal Plant Permit Denial by Governor Granholm, Michigan Department of Natural Resources and the Environment

Governor Follows Through on Commitments to Clean Energy Jobs

Local residents and groups declared victory today in an almost three-year battle against a proposed coal plant in RogersCity. Area residents applauded Governor Jennifer Granholm and the Department of Natural Resources and the Environment (DNRE) Director Rebecca Humphries for denying a permit needed to build the controversial plant.

“We in Rogers City are profoundly grateful for this decision,” said Jean Veselenak, a resident of Rogers City. “The cost of Wolverine coal would have meant diminished health, diminished economy, and great injury to our environment which sustains our lives. Wolverine must now put its head to the real thing; wind, solar; and new technology that already exists in Michigan. Our families deserve these jobs and their health after long promises.”

The DNRE decision states there is no need for the proposed power plant, and that alternative methods are available that would supply the customers of the four electric cooperatives that make up Wolverine with electricity at a much cheaper rate than the cost of building a new coal plant. State officials estimated that the proposed plant would increase the electric rates charged by the cooperatives by at least 59.2% even after Wolverine suggested reducing the plant by half.

“With this decision, Governor Granholm reinforced Michigan’s clean energy jobs future by moving away from coal and supporting today’s job creators—renewable energy and energy efficiency,” said Anne Woiwode, State Director of Sierra Club of Michigan. “Coal is an outdated, dirty and dangerous way to generate power and it is a dead end for Michigan jobs.”

“Today, the State of Michigan echoed what we’ve been saying for years: we don’t need to waste millions on dirty, unnecessary coal plants,” said Faith Bugel, Senior Attorney for the Environmental Law & Policy Center. “This is the right decision for Michigan’s ratepayers, for Michigan’s workers and Michigan’s environment.”

Today’s decision arose out of an Executive Order from Granholm last year that instructed the DNRE, with input from the staff of the Michigan Public Service Commission, to evaluate Michigan’s energy needs and the availability of alternatives to coal plants. The guidance arose from provisions in the federal Clean Air Act adopted in the 1970s, which allow states to require consideration of alternatives in weighing whether to issue or deny an air pollution permit. The Michigan Environmental Protection Act, which calls for consideration of alternatives to activities that pollute, impair or destroy the environment, was also cited during public comment as rationale for the state to deny the Wolverine permit, as well as other coal plant air permits also under consideration.

“The denial of this permit clears the way for Wolverine to invest in energy efficiency and electric generation sources that will serve their member cooperatives better by developing cleaner electricity generation and keeping costs lower,” said Susan Harley, Policy Director for Clean Water Action. “We applaud Governor Granholm and Director Humphries for making decisions that will serve Michigan well today and for generations to come.”

DNRE's documents explaining the denial of the Wolverine Power Supply Cooperative air permit to install can be found here: http://www.deq.state.mi.us/aps/cwerp.shtml#WPSC. 

CMS Energy Faced Coal Challenges at Shareholder Meeting

Shareholders Resolutions Received High Support While Ratepayers Rallied Outside Annual Meeting

LANSING – CMS Energy shareholders are sending a clear signal they have deep concerns about the proposed coal plant near Bay City and the risk it poses to the company’s financial stability after a significant percentage of shareholders voted today in support of proposals from two investors calling on the utility giant to disclose risks associated with its coal ash disposal and cut greenhouse gas emissions.

While the proposals put up for proxy votes were not endorsed at the shareholders’ meeting in Jackson, The strong support for the shareholder proposals are a sign of investors’ deep concern that CMS Energy’s poor environmental performance and continuing investment in coal are putting shareholder value at risk.

“CMS Energy is wasting an opportunity to be not just a true energy leader, but also more profitable down the road so it can continue creating Michigan jobs and providing Michigan energy to families and businesses,” said Margaret Weber, a proxy for a CMS Energy Shareholder. “We will not give up. We will continue the fight to make CMS Energy – our company – a leader in clean energy investments and clean energy jobs, not a dinosaur from the coal age.”

During the meeting CMS Energy Shareholder Margaret Weber delivered a large bundle of Michigan petition signatures to now former CEO David Joos and current CEO John Russel telling him that “these 8,000+ Michiganders are asking CMS Energy – all of us in this room - to invest in renewable energy and energy efficiency, not another dirty, expensive, and unnecessary coal plant. They hope that CMS Energy will focus on energy efficiency and clean energy as lower cost options that will create good jobs and help them keep paying their bills.

Weber asked “As on of these 8,000 Michigan residents, I would like to know what the rate increase will be to pay for this new coal plant and when you will provide investors with an analysis of the rate impact of this new coal plant, including potential customer defaults and loss of customers?”

Citing that major credit ratings agencies across the nation have warned that new coal plants are expensive and likely to be plagued by long term regulatory and financial problems, shareholder Peter Every asked management “In the face of all these risks, wouldn’t it be wise to stop spending investor money on developing a risky, expensive, and unnecessary coal plant, and instead replace our old and inefficient coal plants with energy efficiency and clean energy?

Weber also raised concern at the rally about the re-election of board member Richard Gabrys, who also sits on the Massey Energy board of directors. Massey Energy is a coal company with a long history of violating the law, both in safety and in environmental compliance.

“CMS Energy shareholders sent a message to their company’s management that making further investments in old coal technology is a bad decision,” said Tiffany Hartung, Sierra Club Beyond Coal Campaign. “Not only has Consumers Energy CEO David Joos refused to listen to the people of Michigan for years, he’s also refused to heed the warning signals from the financial industry about the risks of building new coal plants. Shareholders demand change and they deserve a company that is financially responsible.”

Two CMS Energy investors – the Office of the Comptroller of New York City and the As You Sow Foundation – submitted the shareholder proposals. The shareholder proposals call for CMS to:

• Plan for a more expensive carbon future by adopting quantitative goals for reducing its total greenhouse gas emissions and reporting to shareholders on these plans
• Disclose all potential risks associated with toxic coal ash disposal and to disclose steps the company is taking to reduce exposure to these risks.

A similar coal ash shareholder resolution filed with MDU Resources recently received 25.6 percent of the vote in favor of increased transparency on this key environmental issue – high enough for the company chairman to agree to shareholder demands at its annual general meeting. Investors in Southern Company, which dropped its own plans for a new coal plant in Mississippi last month, have also filed similar resolutions. 

Citizens Group Applauds Legislators for Cost-Lowering Energy Efficiency Plan

Legislation will help reduce energy costs for families, create Michigan jobs

LANSING – ReEnergize Michigan! today applauded Michigan legislators for introducing a plan that would strengthen energy efficiency programs in Michigan, a move that would help reduce energy costs for families and businesses while creating much-needed Michigan jobs. REM! is a coalition of labor, consumer, citizens, faith and other groups fighting to build a strong energy future for Michigan.

“Energy efficiency means slashing waste, saving money, cutting costs and creating jobs, and that’s why we applaud this plan to strengthen Michigan’s energy efficiency standard,” said Gayle Miller of the Sierra Club. “A stronger energy efficiency standard will help reform Michigan’s energy industry to benefit small business and entrepreneurs, creating thousands of jobs. Investing in more energy efficiency can help homeowners and business owners reduce their utility bills and keep energy costs low. That’s going to help Michigan become more competitive in today’s energy economy.”

The new legislative plan will strengthen Michigan’s current Energy Efficiency Savings Standard. Michigan’s current energy efficiency standard requires that utilities reach annual efficiency savings of 1 percent for electric power and 0.75 percent for natural gas by 2012, measured as a percentage of total annual retail sales. These bills ramp up the savings for each source of power in 0.25-percent increments so each standard is doubled by 2016. A 2009 report by Synapse Energy Economics, Inc. estimates that as much as 5,355 MW of clean, pollution-free energy could be captured and put on the market through energy efficiency measures in Michigan.

Energy efficiency is also good for Michigan jobs. In March, a report released by Midwest Energy Efficiency Alliance: Expanding Michigan’s Energy Optimization Standard showed that Michigan could increase the number of jobs in its energy efficiency sector to over 7,600 jobs if it doubled its current standard by 2019.

Energy efficiency is Michigan’s cheapest and most promising job-creating energy opportunity. At a cost of 3 cents per kW/h, saving energy through energy efficiency makes better financial sense than building new generating capacity, which costs upwards of 12 cents per kW/h. Michigan can get the same amount of power from energy efficiency as it can from dirty sources of power at a fraction of the cost.

Spearheading the legislative plan are Reps. Kathy Angerer (D-Dundee), Gary McDowell (D-Rudyard), Bob Constan (D-Dearborn Heights), Lisa Brown (D - W. Bloomfield), Robert Jones (D-Kalamazoo), Fred Miller (D-Mount Clemens), Deb Kennedy (D-Brownstown), Joan Bauer (D-Lansing).

“Energy efficiency is vital to Michigan’s economy and our citizens’ quality of life,” said Susan Harley of Clean Water Action. “Energy efficiency can help increase the value of a home or business and it helps people, especially seniors and people with medical conditions, stay more comfortable year round. We applaud Reps. Angerer, McDowell, Constan, Brown, Jones, Miller, Kennedy, and Bauer for working to give Michigan’s families the opportunities we need to get jobs in the clean energy economy.”

The three main methods of achieving energy efficiency are through weatherization, upgrading mechanical and lighting systems, and investing in energy efficient appliances.

Investments in energy efficiency create jobs throughout the state. Unlike coal or nuclear power, virtually all the money spent on installing efficiency measures stays within the state, as local labor is used for energy efficiency installations. Job categories created by efficiency investments include energy auditors and technicians, electricians, heating and cooling contractors, pipefitters and plumbers, builders and contractors, manufacturers, and program administrators. Efficiency upgrades drive demand for products made by Michigan companies such as Guardian Glass and Dow. Retailers such as hardware, lumber, big box and department stores all benefit from energy efficiency programs as people buy windows, storm doors, caulk, insulation as well as new appliances, furnaces, washers and dryers.

“This plan is a win-win for Michigan that benefits ordinary families, businesses and future generations,” said Wendy Jaehn of the Midwest Energy Efficiency Alliance. “Virtually every study on energy shows that energy efficiency provides the greatest bang for the buck, helping Michigan squeeze value out of every dollar invested. Now is the time to aggressively go after more jobs, and Michigan can do that with a stronger, more aggressive energy efficiency standard.” 

Sierra Club Activist Wins Prestigious Goldman Environmental Prize

Michigan farmer Lynn Henning recognized with $150,000 prize for her work to protect water and communities from factory farms 

SAN FRANCISCO – Michigan farmer and Sierra Club activist Lynn Henning has been awarded this year's prestigious Goldman prize, considered the "Nobel prize for environmental activism." Henning took action after concentrated animal feeding operations (CAFO's) began polluting the water near the 300-acre corn and soybean farm she works with her husband in Lenawee County. Over the last decade she has become a leading voice calling on state and federal authorities to hold these livestock factory farms accountable to water and air quality laws. "Lynn Henning represents the soul of grassroots activism," said Michael Brune, Executive Director of the Sierra Club. "Faced with a threat to her community's environment, Lynn organized with her neighbors and pushed successfully to hold the polluters accountable. This is a thrilling day for the Sierra Club family."

When factory farms surrounded her property, Henning and other concerned neighbors formed Environmentally Concerned Citizens of South Central Michigan (ECCSCM) and began to organize. Reaching out to neighbors, fellow farmers and Environmental Protection Agency enforcement officials, Henning gathered her own data on factory farm pollution. Regularly driving a 125-mile circuit multiple times a week to track factory farm pollution and to take water samples, Henning learned about the sources of the pollution affecting her community and decided to take action.

“The Henning family, like so many neighbors of animal factories, has endured unspeakable pollution, horrible health impacts and direct threats to their safety and security for speaking out about this outrageous pollution" said Anne Woiwode, director of the Sierra Club's Michigan Chapter. “Lynn’s response has been to fight harder, to learn everything she could about CAFO pollution, to teach others what she knows and to advocate for solutions with anyone who could possibly stop this horror. Lynn is one of the bravest, smartest and most determined people I’ve ever known, and an inspiration every day.”

Henning joined forces with the Sierra Club’s Michigan Chapter as a volunteer in the Water Sentinel program in 2001, and she joined the staff in 2005. As a result of Henning's work, the state of Michigan has levied hundreds of citations against factory farms for environmental violations, and federal officials have taken notice. Sierra Club has proudly supported Henning's efforts to develop water quality monitoring programs nationwide to measure pollution levels from factory farms.

"The Sierra Club is extremely proud of Lynn's accomplishments in stopping new animal factories, bringing polluting animal factories to justice and educating the public to the very serious health, food safety and environmental hazards they present," said Scott Dye, Director of the Sierra Club's Water Sentinels program. "We're honored and humbled that the Goldman Prize has recognized Lynn's outstanding work on the world stage."

The Goldman Environmental Prize, now in its 21st year, is awarded annually to grassroots environmental heroes from each of the world’s inhabited continental regions and is the largest award of its kind. Winners receive $150,000 each and will be recognized at an invitation-only ceremony Monday, April 19, 2010 at 5 p.m. at the San Francisco Opera House. Winners will also be honored at a smaller ceremony on Wednesday, April 21 at the Smithsonian's National Museum of Natural History in Washington, D.C.

For more information visit http://sierraclub.typepad.com/scrapbook/2010/04/michigan-clean-water-activist-wins-2010-goldman-prize.html