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A daily summary of energy and environmental issues designed for EH&S managers & environmental attorneys. By WIMS - Waste Information & Management Services, Inc.(WIMS) -- since 1980.
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Schneiderman said, "This is a landmark victory for New Yorkers, and people across the country living in the shadows of nuclear power plants. We fought back against the Nuclear Regulatory Commission's rubber stamp decision to allow radioactive waste at our nation's nuclear power plants to be stored for decades after they're shut down -- and we won. The Court was clear in agreeing with my office that this type of NRC 'business as usual' is simply unacceptable. The NRC cannot turn its back on federal law and ignore its obligation to thoroughly review the environmental, public health, and safety risks related to the creation of long-term nuclear waste storage sites within our communities. Whether you're for or against re-licensing Indian Point and our nation's aging nuclear power plants, the security of our residents who live in the areas that surround these facilities is paramount. I am committed to continuing to use the full force of my office to push the NRC to fully evaluate -- and ensure -- the safety of Indian Point and our other nuclear plants."
Schneiderman indicated that the Court of Appeals agreed with him that the NRC violated NEPA when it found -- without conducting the necessary studies -- that no significant safety or environmental impacts will result from storing highly radioactive nuclear wastes onsite at the more than 100 operating reactors around the country, including from the Indian Point reactors in Westchester County, for 60 or more years after the reactors are closed. He said the Court also found that the NRC violated the law when it found "reasonable assurance" that sufficient, licensed, off-site storage capacity will be available to dispose of nuclear power plant waste "when necessary." Efforts to site the only nuclear waste storage facility in the United States, the Yucca Mountain Repository in Nevada, were suspended in 2010 and no replacement facility has yet been identified. The appeals court wrote that the NRC "apparently has no long-term plan other than hoping for a geologic repository."
The Natural Resources Defense Council (NRDC) one of the parties in the case said the decision will send the NRC back to square one to determine the safety and consequences of allowing nuclear reactors to produce and accumulate radioactive nuclear waste, including the potential environmental effects of the failure to develop a geologic repository. Geoff Fettus, senior project attorney in the nuclear program at NRDC said, "This is a game changer. This forces the Nuclear Regulatory Commission to take a hard look at the environmental consequences of producing highly radioactive nuclear waste without a long-term disposal solution. The court found: 'The Commission apparently has no long-term plan other than hoping for a geologic repository.'"
Representative Ed Markey (D- MA) released a statement saying, "It comes as no surprise that the court has no confidence in NRC's waste confidence decision. The NRC relied on what seemed to be a faith-based methodology to conclude that highly radioactive nuclear waste can be left simply sitting in the giant swimming pools and parking lots in which it is currently stored for an additional 60 years. There was a collective failure on the part of both Congress and the Department of Energy to enable a credible, science-based search for a permanent nuclear waste repository."
The Nuclear Energy Institute's (NEI's) Ellen Ginsberg, vice president and general counsel, made the following remarks in reaction to the ruling saying, "We are disappointed by the court's decision as we believe that the NRC supported its conclusions in the waste confidence decision. Nonetheless, we urge the commission to act expeditiously to undertake the additional environmental analysis identified by the court in the remand. We also encourage the agency to reissue the rule as soon as possible. We are pleased that the court specifically affirmed the agency's discretion to address the environmental issues in a generic fashion using an environmental impact statement or an environmental assessment with a finding of no significant impact."
Ironically, on June 6, Senator Pete Domenici and Dr. Pete Miller hosted the fourth and final event in the Bipartisan Policy Center (BPC) Nuclear Initiative event series -- Near-Term Progress on Nuclear Waste Management: Implementing the Recommendations of the Blue Ribbon Commission. Both BPC Nuclear Initiative Co-Chairmen believe there is an urgent need to break the current stalemate on nuclear waste management in the United States and to develop an effective system to manage the back end of the nuclear fuel cycle. Senator Domenici was a member of the Blue Ribbon Commission on America's Nuclear Future (BRC) which released a final report in January 2012 detailing recommendations for creating a safe, long-term solution for managing and disposing of the nation's spent nuclear fuel and high‐level radioactive waste [See WIMS 2/2/12].According to a release, the Strategic Energy Production Act, authored by Rep. Gardner, "will hold the president accountable to long-term domestic energy supply solutions over short-term political gimmicks. The proposal requires that any future drawdown of the Strategic Petroleum Reserve be coupled with a plan to increase the percentage of Federal lands leased for oil and gas exploration, development, and production." Rep. Gardner said, "Our country is in desperate need of a national energy strategy, and increasing domestic production should be a major component of that plan. By increasing oil and gas leases on federal land to match what is released from our emergency energy reserves, we can turn a short-term supply fix into a long-term policy that promotes America's energy independence."
The Gasoline Regulations Act, introduced by Energy and Power Subcommittee Chairman Ed Whitfield (R-KY), promotes a "look before you leap" approach to regulation. It requires an interagency committee to conduct a cumulative analysis on certain EPA regulations affecting transportation fuels to better understand their impact on gas prices, jobs, and the economy. The legislation also prevents the agency from finalizing three of its most costly rules -- Tier 3 standards, NSPS standards for petroleum refineries, and new ozone standards -- until after the study is completed and policymakers have time to assess the consequences. Rep. Whitfield said, "Over the past three years, prices at the gas pump have roughly doubled, and that is unacceptable. That is why I introduced commonsense legislation that will ensure that the federal government doesn't add to the pain at the pump by implementing regulations without first understanding the full costs they will have on consumers, jobs, and economic growth."
Energy and Commerce Committee Chairman Fred Upton (R-MI) praised the introduction of the Domestic Energy and Jobs Act and commended his colleagues for their work on these common-sense solutions. He said, "President Obama likes to talk about what the government can't do when it comes to energy policy, but we prefer to focus on what we can do. I want to congratulate Rep. Gardner for leading the charge, and thank all the members who authored bills as a part of this effort."
Bills Included in Domestic Energy and Jobs Act:
The American Petroleum Institute (API) issued a release saying it welcomed the legislation "that would create a real U.S. energy policy to increase production of the domestic oil and natural gas that America needs." Conrad Lass, API senior director of federal relations said, "Americans want to access more of our own energy resources, not only to enhance energy security, but also to put downward pressure on prices. The oil and natural gas industry can help revitalize the economy, create new jobs, and generate millions of dollars of new federal and state revenue, by safely accessing areas currently off limits. Excessive regulations can make it harder for refineries to compete and stay in business," said Lass. "Decisions made by policy makers should always be guided by a firm understanding of all the costs and impacts to the economy." API thanked sponsors of this legislation for continuing to showcase the importance of advancing comprehensive energy legislation.
Rep. Ed Markey (D-MA), Ranking Member on the Natural Resources Committee and a senior member of the Energy and Commerce Committee issued a release commenting on the Republican bills saying, "House Republicans are trotting out a series of bills that would give oil companies control over taxpayer-owned lands, put a short 'shot clock' on the safety review of drilling permits, and say that oil and gas production has priority over any and all other activity on public lands, like hunting or fishing." He said, "Instead of sending a thank you note to President Obama for increasing oil production and decreasing our foreign oil dependence through his 'all of the above' energy strategy, House Republicans are sending a love letter to the oil industry in the form of another oil-above-all scheme. These bills allow oil companies to say what lands they want to drill, even if Americans use them for hunting or fishing. And just in time for the NBA playoffs, it puts a 'shot clock' on the safety review of drilling permits, sending America back to the speed-over-safety days of the BP spill."
Access a release from the Energy & Commerce Committee (click here). Access a release from HEAT with further information on each of the bills (click here). Access a release from Rep. Gardner (click here). Access a release from API (click here). Access a release from Rep. Markey (click here). Access legislative details for H.R.4480 (click here). Access legislative details for H.R.4471 (click here). Access legislative details for H.R.4381 (click here). Access legislative details for H.R.4382 (click here). Access legislative details for H.R.4383 (click here). Access legislative details for H.R.2150 (click here). Access legislative details for H.R.2752 (click here). [#Energy]
As the ACEEE report concludes: "System efficiency opportunities produce energy savings that dwarf component-based efficiency improvements by an order of magnitude. System efficiency is performance-based, optimizing the performance of the system overall -- its components, their relationships to one another, and their relationships to human operators. One of the cornerstones of systems-based efficiency is information and communication technologies, such as the Internet, affordable sensors, and computing capacity that are the foundation upon which systems efficiency are built If homeowners and businesses were to take advantage of currently available information and communications technologies that enable system efficiencies, the United States could reduce its energy use by about 12-22 percent and realize tens or hundreds of billions of dollars in energy savings and productivity gains."
R. Neal Elliott, ACEEE's associate director for research, "This is not your father's device-driven approach to energy efficiency. A large portion of our past efficiency gains came from improvements in individual products, appliances, and equipment, such as light bulbs, electric motors, or cars and trucks. And while device-level technology improvements will continue to play an important role, looking ahead we must take a systems-based approach to dramatically scale up energy efficiency to meet our future energy challenges. Through intelligent efficiency, utility systems, interconnected cities, transportation systems, and communications networks can become the new normal across the United States and will undergird national and regional economies that, even in the face of increasingly scarce resources, grow and thrive."
Stephen Harper, global director of environment and energy policy, Intel Corporation said, "There is resounding agreement that information and communications technology can make a huge impact in addressing the twin challenges of energy security and climate change. This new work by ACEEE should help both industry and government better understand 'smart policies' necessary to fully realize the potential of technology in this arena." Larry Plumb, executive director, Verizon said, "ACEEE's report highlights that communications and digital technologies are transforming how efficiently we use energy, from appliances in customers' homes, to cars and roads in transportation systems, to the power lines and generators in the electric system. It's well understood that digital communications has boosted economic productivity. Now people are recognizing this technology also has a big role to play in addressing society's long-term energy challenges."
Arkadi Gerney, senior director for policy Opower said, "As devices get smarter and the communications networks that connect those devices become more ubiquitous, the potential for efficiency gains that save energy and save businesses and families money are increasing. And, as this report shows, truly unlocking the potential of intelligent efficiency systems also depends on engaging energy consumers with smarter behavioral strategies and advanced analytics that turns an avalanche of data into actionable insight."
Clay Nesler, vice president, global energy and sustainability, building efficiency, Johnson Controls said, "Johnson Controls has many real life examples where intelligent efficiency solutions have dramatically reduced building energy use, most notably at the Empire State Building. This practical and effective approach to improving and managing building energy efficiency can be cost-effectively applied to both new and existing commercial buildings." Paul Hamilton, vice president, government affairs, Schneider Electric said, "This report is further evidence of the real revolution happening in our industry, the convergence of energy management and information that's allowing companies to achieve significant savings of 30 percent or more. It's time for businesses and government to get involved and engaged in the partnerships and programs that will make this more of an everyday reality."
Francesca Grifo, director of UCS's Scientific Integrity Program and a contributor to the report said, "Corporations' increased ability to influence policy should come with an increased responsibility to let the public know how they are doing so. Companies may play a role in policy discussions, but right now, it's simply far too easy for them to get away with misrepresenting science to achieve their goals."
According to a release, utilizing an array of publicly available data, the report systematically examines how corporate influence fosters confusion on climate change. The analysis found that some American companies, including NRG Energy, Inc., NIKE, Inc. and AES Corporation, accept the findings of climate science and have taken actions in support of science-based policy. Other corporations, including Peabody Energy Corporation, Valero Energy Corporation, and FMC Corporation, have worked aggressively to undermine climate policies and have misrepresented climate science to do so.
Several companies stand out for taking contradictory actions on climate change. Caterpillar Inc., for instance, highlights its commitment to sustainability and climate change mitigation on its website. But the company also serves on the boards of two trade groups that regularly attempt to undermine public understanding of climate science: the U.S. Chamber of Commerce and the National Association of Manufacturers. Caterpillar also funds the Cato Institute and the Heritage Foundation, two think tanks that have misrepresented climate science.
Similarly, ConocoPhillips says on its website that it recognizes human activity is "contributing to increased concentrations of greenhouse gases in the atmosphere that can lead to adverse changes in global climate." But in comments to the Environmental Protection Agency, the company criticized scientific evidence on the ways climate change can harm public health.
Gretchen Goldman, an analyst in the Scientific Integrity Program and a report contributor said, "The difference between what many of these companies say and what they actually do is quite stark. And because we know only limited amounts about their activities, it's relatively simple for companies to show one face to the public and another to policymakers."
The report found that companies also utilized their considerable financial resources to oppose climate policy. Lobbying expenditures for energy sector companies increased by 92 percent from 2007 to 2009, when climate change bills were actively debated in Congress. Meanwhile, Valero Energy Corporation donated more than $4 million to the Yes on Prop 23 campaign, which sought to undermine California's climate change law, but was ultimately rejected by voters.
UCS's Grifo said, "The actions of many of these companies come right from the tobacco industry playbook, where the end goal is delaying sensible regulations that protect our health and safety. Companies generally find that complying with new rules is not as burdensome as they first imagined. But that doesn't prevent them from obfuscating the science to create confusion and delay." UCS indicates that the report, while as comprehensive as possible, is limited because companies are not required to reveal sufficient information about their activities -- such as the purpose of lobbying expenditures and contributions to political action committees, industry advocacy groups and think tanks.
Goldman said, "This lack of disclosure of how corporations spend their money means they can get away with taking different positions on climate change with different audiences. Greater transparency would allow citizens, investors, and policymakers to make better-informed decisions and hold corporations accountable." UCS says there are several relatively simple steps that would allow the public and policymakers to better hold companies accountable, including expanded reporting requirements to the Securities and Exchange Commission and passage of the DISCLOSE Act, which would require corporations to share more information about their political spending.
Representative Chris Van Hollen (D-MD), who joined UCS in its launch of the report said, "This report quantifies and reinforces the urgent need to shine a light on the special interest money that is designed to distort science and influence our public policies. As this report documents, the amount of money dedicated to influence our debates is dramatically increasing and, unfortunately, is frequently channeled through third parties." Van Hollen said that the problem has increased due to the Supreme Court's Citizens United v. FEC decision allowing secret money from outside groups to flow into elections. He said legislation like the DISCLOSE Act will inject much needed transparency into elections and should be brought for a vote in Congress without delay. He said, "Voters have a right to know who is bankrolling the campaign ads that are designed to influence their votes. An informed electorate is essential to our democracy."
Access a release from UCS (click here). Access the report website for links to the complete report, executive summary, FAQs, company profiles and appendices (click here). [#Climate]
Access a release from UNEP and link to related information (click here). Access the complete 208-page report (click here). [#Sustain, Energy/Green, #Climate]
Ceres president Mindy Lubber, citing regulatory risks, water constraints and numerous other questions about various technologies being pursued to extract a non-liquid form of oil from shale rock said, "Given the wide array of uncertainties, BLM's proposed leasing approach on oil shale makes sense. Investors should be similarly cautious in evaluating future investment in this space." Paul Bugala, senior sustainability analyst, extractive industries, at Calvert Investments said, "Oil shale technologies are still highly speculative, and proving them to be commercially viable will be difficult and require a long period of time with uncertain outcomes. The little that state and federal regulators know about the environmental impacts, especially in the areas of water use and land reclamation, further indicates that caution should be exercised."
While oil shale reserves beneath the three states in the Green River Formation are vast, holding more than three times the proven reserves of Saudi Arabia, the Ceres white paper, Investor Risks from Oil Shale Development, sends a strong cautionary message to policymakers, investors and companies alike. The white paper, prepared by David Gardiner & Associates, LLC, identifies five key risks to oil shale development:
By contrast, in a Low Unconventional Case where no Golden Rules are in place, a lack of public acceptance means that unconventional gas production rises only slightly above current levels by 2035. Among the results:
"Continued reliance on foreign oil puts U.S. national security at risk. Oil market volatility has already wreaked havoc on military budgets, which came at the cost of new equipment and training for our troops and reduced military readiness. In fiscal years 2011 and 2012, DoD came up $5.6 billion short in its budget for military operations and maintenance because it spent more on fuel than anticipated. Moreover, the United States sends $1 billion overseas each and every day to pay for foreign oil, further draining resources from the U.S. economy.
"U.S. advanced biofuel producers have made rapid progress toward cost-competitiveness. The per-gallon cost of test quantities of advanced biofuels under DoD contracts has declined more than 90 percent over the past two years and will continue to decline as these technologies scale to commercial production. DoD's efforts to reduce use of foreign oil and increase use of American biofuels can lead the nation's effort to achieve energy security. We will work with Members of the Senate to restore support within the NDAA for the DoD's commitment to accelerate production of American-made, advanced, 'drop-in' biofuels for use in military jets, ships, and vehicles."
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