Guest Letter... from a fellow #fracking fighter: Natural gas is no bargain

Natural gas is no bargain: Regarding " Warm Wishes from Vermont Gas" that appeared as a quarterpage ad in The Addison Independent and perhaps other Vermont newspapers during the holiday

Gaz Update or how the Gubmint trampled the Nature Park

Gaz Update

Why would you ever donate land to a town for a nature park and expect the government won't allow #fracking pipelines under the park...out if sight, never you mind...

Thanks to Rachel for this update

MEDIA RELEASE: Protect Geprags Park

Contact: Rachel Smolker: 802.482.2848 landline, or 802.735-7794 mobile. Email: rsmolker@riseup.net

Sept 22, 2017

The Vermont Supreme Court today ruled that Vermont Gas could construct their gas pipeline through a public park in Hinesburg. The case, an appeal of the PUC earlier decision to allow the pipeline through Geprags Park, was brought by citizens of Hinesburg, represented by Woolmington/Dumont, who argued that the Public Service Board did not have authority to grant Vermont Gas the right to an easement.

Rachel Smolker, an intervenor in the case stated: “ Of course we are dissappointed that the SC did not rule in our favor.  Geprags Park was bequeathed to Hinesburg by the Geprags family, specifically for recreational or educational purposes or a school  It seems to set a very dangerous precedent to allow land that has been donated by the grace of good will, with specific restrictions, to be sold off to a utility for their own profitmaking.  Who can feel confident to donate land if their wishes for its’ protection in the future are not respected?”

Theora Ward, a resident of Hinesburg stated: “ Geprags Park is a much beloved little park. While the court did not rule as we had hoped, our opposition did result in a much stronger agreement for the town of Hinesburg, including the requirement that they use horizontal directional drilling, rather than trenching to install the pipeline, and a more reasonable financial settlement. After all, Hinesburg is now hosting a major piece of fossil fuel infrastructure, which not only introduces a multitude of risks, it also imposes limitations on future development possibilities for the town.”

Lawrence Shelton, also an intervenor in the appeal, stated: “ The court argued that they have confidence in and defer to the DPS an PSB oversight and judgement. Yet it was specifically the lack of oversight that spurred a coalition of 7 Vermont organizations to submit a letter of concerns and request for intervention from the federal pipeline administration in 2016. Those communications detailed a series of concerns about construction problems and permit violations.  The fact is that citizens are having to do the job that DPS/PSB is supposed to do. We just hope the PSB (now called Public Utility Commission), under new leadership, will step up to bat and take meaningful action. 

Smolker concluded: “The court’s ruling will not stop us from fighting this pipeline. We have learned too much about how this pipeline was slapped into the ground in haste and without oversight, such that it now poses a serious safety risk to Vermonters. That is in addition to the well known climate impacts of methane gas leaks, and the damages that result from fracking.  This pipeline has a 40-50 year lifespan and has only just barely started to carry gas. We won’t stop fighting this any time soon.”  

Gaz Update

Gaz Update

So Great...

Divine Providence

Breaking #fracking Gaz update part 2

Hi all - we just sent this out to a slew of press contacts - but please share with any personal contacts you may have, and with anyone interested in knowing whats going on with the pipeline! I am not including the attachments since they may not come through and are large, and they were posted to these lists in the past few days.  If you NEED them, please let me know and I can provide. 

Thanks

June 26, 2017, for immediate release

Contact: Rachel Smolker, phone: office: (802) 482-2848, mobile: (802)735-7794. Email: rsmolker@gmail.com

 

Vermont Gas violates their permit failing to bury the pipeline deep enough in New Haven, and failing to notify the Public Service Board of the problem for over a year. But the shallow burial problems may be widespread. Citizens, via attorney James Dumont, have filed a reply, demanding an evidentiary hearing, an investigation into VGS neglect and misconduct, and potential sanctions of up to $10,000 per day for 13 months.

_______________________________________________________________________________ 

On June 2, 2017, Vermont Gas filed a request with the Public Service Board, asking that the Board consider the fact that they violated their permit when they failed to bury the pipeline to proper depth in an area in New Haven over a year ago, to be a “nonsubstantial change” to the permit. [attachments A and B]

On Friday, attorney James Dumont filed a response [attachment c] on behalf of several Vermonters.  Dumont argues that insufficient burial depth may be chronic, not limited to the one area in New Haven, where vigilant Vermonters happened to take photographs. He also points out that VGS knew about the problem in New Haven over a year ago but failed to notify the state until now, even though they are required by permit to notify the state immediately of any deviations from their plans as permitted. Finally, Dumont’s response raises serious questions about whether VGS and the Department of Public Service had any process in place to ensure contractors were aware of and complied with the conditions of the state certificate of public good (CPG) permit. Dumont’s clients are requesting an evidentiary hearing, and also an investigation of VGS’ neglect and misconduct, including an independent survey of depth for the entire pipeline route, as well as sanctions.

Background: The state “certificate of public good” (CPG) permit required, (among many other conditions), that the pipeline be buried at least 4 feet deep where it runs inside the VELCO right of way, under high voltage transmission wires.  This depth was a condition of the permit, and of the agreement between VGS and VELCO. Other depth requirements are associated with agricultural lands, stream and road crossings and individual easement agreements. The compressed gas pipeline runs more than 27 miles in the VELCO right of way and more than 23 miles in prime agricultural soils.

The area where VGS admitted they failed to bury the pipe deep enough is a wetland area, designated as a “state significant area” in New Haven. In September 2016, as construction in the area was underway, an excavator sank deep into the mud. A curious citizen, Lawrence Shelton, visited the site and noted that the pipeline was laid out in an open trench at very shallow depth. He took photographs.

Those photos were later delivered by a coalition of Vermont organizations and residents to the Department of Public Service, as well as to the federal Pipeline and Hazardous Material Safety Administration (PHMSA) first in October of 2016 and then again in April 2017, along with a compilation of other observations and concerns about unsafe construction.

The photos were also presented to VGS and the DPS at a public forum on the pipeline, in February 2017. Mr GC Morris, the DPS gas engineer, agreed to participate in a site visit with Mr Shelton, which occurred in March.

PHMSA indicated in early May 2017 that they had sent staff to Vermont, and taken some steps towards investigating the complaints they had received.

Mr Shelton stated: “VGS had to admit their error in New Haven, because WE forced the issue to the regulators.  But now the question is: how are we to be confident that the pipe was properly buried in places where nobody was watching? The vast majority of the pipeline route was laid down where it was not visible and most people have no knowledge of what the depth or construction requirements are anyway.”

VGS knew about the shallow depth problem well over a year ago but failed to inform the state that they were violating their permit.  Vermont Gas’ request for nonsubstantial change designation is accompanied by a letter from VELCO which states: “VGS confirmed in writing to VELCO, with a May 25, 2016 Mott McDonald engineering analysis, that the HS20+15% loading requirement for the pipe, referenced in the joint VELCO/VGS Ops and Maintenance agreement could be obtained and maintained at all locations with less than 4 foot installed burial depth”.  The May 2016 engineering analysis of the problem makes clear it was known back at that time.

Also in May of 2016, ARK Engineering published an “AC Interference Analysis and Mitigation System Design” for the project. The report refers to the required burial depth in VELCO ROW incorrectly, as 3 feet. ARK took  direction on the depth requirement from VGS.

VGS appears to have already decided to violate its permit conditions back in May of 2016 prior to constructing most of the pipeline. The CPG permit stipulates that any substantial or material deviation from the plans for the pipeline as permitted, must first be approved by the Board ahead of time. Not a year later when gas under pressure is flowing through the pipe!

Finally, the depth of cover issue raises serious questions about whether VGS, or the DPS, had any real process for ensuring that any of the conditions of the CPG – not just pipeline depth - were ever implemented.  In a separate case (referred to in the Dumont reply, item D., par 78-82 ) involving blasting damages to a property, VGS employee and Right Of Way Manager, Karen Kotecki, testified that she was “unaware of how VGS ensured compliance with details of the CPG.”  A project supervisor for a VGS contractor stated he “may have been provided a copy of the CPG but had no recollection.”

Rachel Smolker stated in summary: “This pipeline has been rushed into operation with slipshod construction, and gross mismanagement on many fronts right from the start and in spite of persistent strong public opposition. Currently there are still two pending Supreme Court appeals, yet Vermont Gas is allowed to operate the pipeline in the meantime. The more we learn, the more we are appalled and concerned for the safety of our communities and the environment. It is increasingly obvious that VGS paid little if any attention whatsoever to the state CPG permit requirements. DPS allowed that to happen.  That is why we took our concerns to the federal authorities last October, in hopes that someone would force some oversight. At least that seems to have aided in forcing VGS to admit to what happened in New Haven, but there is no reason to assume that is the only place with a problem. VGS is now crowing that their pipeline is “done”.  But we certainly are not! 

attachments  

 

NOTES: What are the consequences and implications of too-shallow pipeline burial?

VGS, not surprisingly, claims the shallow burial is a minor issue. But burial depth is no minor issue. The CPG required Vermont Gas to build the system to higher than minimum standards with knowledge that there would likely be an expansion of the VELCO transmission system alongside the pipeline. The 4-foot depth was required as a means for protecting the pipe against damage from “load” - i.e. trucks and equipment driving over it. VGS is now claiming (and VELCO accepting) that the load bearing requirement will be met anyway irrespective of the too-shallow burial because thicker pipe was used. 

Depth of cover also impacts cathodic protection, which protects against corrosion and potential pipeline failure that can occur due to electrical interference under high voltage transmission wires. When corrosion occurs, it can happen quickly. In one case, for example, a pipeline installed 2 years earlier, had lost 95% of pipe wall thickness.

VGS is required to bury the pipe at least 4 feet deep in agricultural lands.  This is to protect farmers who are using equipment to dig/till/harvest on their land.  Equipment striking the pipeline could damage the pipe, and ultimately could lead to a leak or an explosion.  For farmers working their fields, and for people living along the pipeline route, especially those within what is referred to as the “incineration zone”, questions about the depth of burial raise serious concerns for safety. 

 

 

 

 

   

   

 

Gaz Update #fracking

From our loyal citizen reporter, Henry 

Front page, albeit below the fold, valley news and nice picture on back
Hi Pipefighters - 

Here's our press release about the court proceedings in Chelsea yesterday, from the "PDEJ, the ad hoc group that organized the original action at Recchia's house. Hope you are all well and looking forward to spending more time with you soon.

Henry
~

People's Department of Environmental Justice
June 5, 2017 -- Chelsea, VT

FOR IMMEDIATE RELEASE: Court Blockade Ends in Climate Case Mistrial

In a legal plot twist in Orange County Court today, protesters from Bread and Puppet Theater and the People’s Department of Environmental Justice turned the tables on the State Department of Public Service and the State Attorney's office in an alleged trespassing case. In May of 2016, protesters visited former State Dept. of Public Service Commissioner Christopher Recchia at his home. About a dozen protesters, dressed in hardhats and high res vests, came to reenact landowner accounts of Vermont Gas contractors violating written no-trespass orders at their homes. Today, protesters at the courthouse actually halted the resulting trespassing trial of Plainfield resident Henry Harris. Wearing prison stripes in the courtroom, they held up banners that read, “The State of Fossil Fuels vs. The People” and “Sentenced to Climate Change”. Judge Timothy Tomasi quickly stopped the proceedings and left the courtroom after the protest, returning minutes later to approve the State’s motion to declare a mistrial. Tomasi said part of the reason for the mistrial was that he failed to instruct the jurors to leave the courtroom when he left, exposing them to the influence of the assembled protesters. It is not clear whether the court will assume responsibility for this, but Tomasi also mentioned the possibility that Harris would serve jail time for contempt of court.

Last May protesters pantomimed surveying Mr. Recchia’s land, pretended to cut down lilac bushes with chain-less chainsaws, marked and staked out the property, and raised a 26-foot tall mock-oil derrick. The protest dramatized serving an Eminent Domain Foreclosure notice against Recchia, who had been authorizing the seizure of Addison county landowner's property through eminent domain processes for the controversial VT Fracked Gas Pipeline. These seizures of private land and new studies about the extreme impacts of methane “natural gas” on the warming climate have caused public outcry against the Addison-Rutland fracked gas pipeline and the Department of Public Service. Needless to say, Shumlin’s Commissioner Recchia didn’t like the eminent domain theater at his own home last May. To top off the irony, Mr. Recchia offered conciliatory remarks to Mary Martin, an Addison county resident in attendance, who has stood against the Department of Public Service’s eminent domain activities for the past half-decade.

Instead of focusing on his charges, Defendant Henry Harris claimed that “We are all sentenced to climate change”, stating that the government is the one on trial for pushing through the Addison/Rutland Fracked Gas pipeline and stealing people’s homes to do it. “We’re not here to talk about whether anyone stood in this guy’s yard or not” said Harris “We’re here, again, to exercise our first amendment rights and demand effective action to address the social and economic threats of climate change before it’s too late.” As far as the trespassing charge, the State’s witnesses were unable to produce any hard evidence that Mr. Harris remained on Recchia’s land once he was asked to leave, a key element of a trespassing convition. Harris said in court that he assumes this lack of any solid evidence is why the State’s attorney was so eager to move for a mistrial.

Protesters say that their exercise of free speech in the courthouse was a success, and are working on a new campaign to stop the next phase of the pipeline construction between Middlebury and Rutland.

For more info, contact Henry Harris
917 922 5430

vermont@nlg.org

​​

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Another Gaz update

Gaz update...

From wcax website...

http://www.wcax.com/story/35592872/judge-declares-mistrial-in-pipeline-protestor-case

Gaz Trans Vermont Pipeline Update #fracking

fracking

Trying to insert letters here....bear with me 😎

Update... I couldn't post letters here. I give up 😕Meg

Public Voice silenced....Rachel comments ignored by Vermont psb 

If Rachel was in Charge,
The world 🌎 would be a better place...

Rachel's comments:

Attached is a VGS filing just received, requesting "non substantial change" determination for failure to bury the pipe deep as required by CPG and by agreement with VELCO (last May!). Also attached is a letter from VELCO saying it is all OK with them (Gaz Metro owns both).  

Some of you will recall that Cisco had taken photos of a section of pipe in New Haven wetland area that was buried very shallow (and in standing water). Those photos were delivered to the federal regulatory agency (PHMSA) along with our complaints last October, and again in April. The issue was raised and photo was also presented to GC Morris, the DPS inspector, at the forum held with DPS/ June Tierney. Cisco thereafter visited the site with GC Morris. That is the area referred to here in VGS request.  

The depth requirement was part of the CPG - and part of VGS agreement with VELCO - to bury the pipe 4 feet when inside the VELCO right of way. They are also to have buried the pipe 5 feet in agricultural lands - so farm tools do not contact the pipe - And some landowners also had various stipulations re depth associated w easements.  

No doubt, everywhere else along the route - where nobody happened to be watching and taking pics - is buried just right…?

Gaz Update

Once in awhile a truly eye opening article comes through the listserv...

https://theintercept.com/2017/05/27/leaked-documents-reveal-security-firms-counterterrorism-tactics-at-standing-rock-to-defeat-pipeline-insurgencies/

Shine your Light ....Gaz Report Courtesy of Rachel 🆒

Rachel reported on the Supreme Court Hearing
About
The Trans Vermont Gas Pipeline...

Light a candle for Geprag Park...

The hearings for Geprags Park easement appeal were held yesterday morning. Rob Woolmington represented the Hinesburg intervenors.  
There were probably ten or so police cruisers awaiting the masses of protestors FYI :) why are they are so nervous?

I have spoken with/debriefed with our lawyers, and various folks over the past day - and with almost no exception, people have been in agreement with my assessment which I therefore share with you here, in case you were unable to attend and are curious, or if you still imagine the fight over phase one is “done”. 

The mood in the room yesterday was nothing like the PSB hearings. Our argument was in a nutshell basically that the PSB doesnt have authority without legislative approval to grant easement on public land due to prior public use doctrine, which is “well established” law. This is a very strong argument and is relevant to bigger, more long term issues and concerns about land use decisions, legal precedent and process. Strategically it is a brilliant approach. VGS argued that the easement was “necessary” in order to meet the "public good” of the project, and that their pipeline would have “no impact” on the park since it is installed w HDD, so would not impair or conflict with the current public use of the park. 

The judges asked very pointed and telling questions indicating they had really done their homework and understood the issues at hand and were not just in the pocket of VGS. They asked a few questions indicating that they were not at ease with VGS claim that a high transmission gas pipeline would have “no material impact” on the park. And asked how “necessity” can be assessed as “the shortest distance between two points” (north and south end of Geprags) - when the routing decisions should have been considered and evaluated earlier and prior to such constraint. One asked whether there was a consideration of cumulative impact from colocating utilities. Some questions brought out specifics of the easement agreement that spell out the various ways that the park could or would in fact be “materially impacted” by the easement, including emergency access in event of incident, and constraints on uses of the park in future, among other.  

We are told that there is no telling when a ruling on the appeal will be made, but because this is such a high profile case, it may be that they do not take too long. There is also of course no telling what the outcome will be - how the judges will rule. To protect our tender bruised souls we need to prepare for the worst. 

But it seems like we also need to prepare for the possibility that we will in fact win.

Keep those embers glowing. 

Chapter 4 Vermont #fracking fighters need your help

Sharing latest updates....
Thank You Rachel!

please share far and wide!

http://350vt.nationbuilder.com/climatecaucusletter

Legislature’s Climate Caucus challenges Vermont Gas pipeline

Legislators request Vermont Department of Public Service to direct a reassessment of the “public good” permit for the Addison County gas pipeline. Citizens to continue to gather support at Town Meetings this week. 

The Vermont Legislature’s “Climate Solutions Caucus” delivered a sharp letter to Department of Public Service (DPS) Commissioner, June Tierney last Friday, March 3^rd, calling for a reassessment of the Vermont Gas Addison County pipeline. The letter, approved by a vote of the caucus last Thursday, calls on the DPS to request the Public Service Board (PSB) to “re-open the Certificate of Public Good associated with the project and conduct a thorough review of the cost, safety, environmental considerations, and need for this project.”

 

The letter was drafted in response to a public forum about the Vermont Gas pipeline, held with the Department of Public Service in Montpelier on February 22^nd. The forum was attended by close to 200 Vermonters, who urged passionately that the Department of Public Service use its authority to put a halt to the project.

 

DPS officials stated at the forum that they were powerless to stop the project, and that they take their lead from the legislature. A group of concerned citizens followed the suggestion to reach out to the legislature as the appropriate body with authority to direct the DPS. The Department, in turn, can petition the Public Service Board to reopen the Certificate of Public Good (CPG) for review in light of the concerns raised at the forum.

 

Issues raised at the recent forum and in the legislators’ letter include monumental cost overruns and mismanagement, questions about compliance with federal and state construction and safety standards, new understandings about the public health and climate change impacts of “natural” gas (methane), and the lack of any demonstrable need for additional natural gas in Vermont. The legislators also highlighted the more than two-year long failure of the PSB to rule on the Conservation Law Foundation’s challenge to the validity of the project permit, while allowing construction to continue.

 

The legislators’ letter emerged from a meeting last Thursday, March 2^nd with the General Assembly’s Climate Solutions Caucus attended by several organizers of the late February forum. At that meeting, caucus members voted to send an agreed-upon letter to the DPS addressing the citizens’ concerns. During Town Meeting week, others across Vermont will approach their legislators, seeking further support for the letter and for the request to reopen the Certificate of Public Good, which is the basis for the permit that has allowed construction of the pipeline. 

 

Brian Tokar of the 350Vermont board of directors stated: “We cannot ignore the seriousness of climate change and the urgency to act now. This pipeline project has gone from being a bad idea to a disaster in the making. If it is allowed to proceed we will be locking Vermonters into at least 30 years of fracking and climate changing methane emissions, with Vermont ratepayers footing the bill and bearing the burden in the event of a pipeline failure or accident.”

 

Rachel Smolker of Protect Geprags Park, based in Hinesburg: stated: “The legislators who signed this letter deserve tremendous thanks for taking action on behalf of our communities and our climate. Over town meeting week we aim to gather further support for this letter and the request that the certificate of public good be reopened for thorough reconsideration. It is not too late to put a halt to the project, and that’s exactly what we have to do.”

 

 

Rachel Smolker, Ph.D.

Biofuelwatch (codirector)

rsmolker@riseup.net

802.482.2848 (o)

802.735 7794 (m)

skype: Rachel Smolker

twitter: @rsmolker

Biofuelwatch: http://www.biofuelwatch.org.uk

Campaign to Stop GE Trees: http://stopgetrees.org

Global Forest Coalition:http://globalforestcoalition.org

Geoengineering Monitor: http://www.geoengineeringmonitor.org

"One does not sell the land people walk on."
~ Crazy Horse

****BRAKING, ERR, BREAKING #Fracking #Gaz Update Call to Action to curb Fraction, err, #Fracking

LIVE FROM MONKTON,VERMONT,

Let me assure you, friends, this is a chance to put a chink in the armored, omniscient, omnipotent, omnipresent,
Out of touch,
Old administration fragments of old deals.

my sincere appreciation of Melanie cannot be put into words...

Hi Everyone!

On Thursday and Friday December 8th and 9th (and possibly on the 12th, 13th, and 14th), the Public Service Board will be taking testimony regarding VGS's rates and also regarding VGS's alternative regulation plan. These two dockets will affect how rates are calculated for different kinds of customers, what return on equity VGS is allowed to receive (the way that the company profits from its infrastructure investments and makes money in general) AND how much of the total cost of the pipeline VGS will be allowed to recover from customers.  This last bit is really important because VGS and DPS kept saying during the second remand proceedings that the approval of the Project was a completely different question from whether customers could be charged for it or the ANGP costs could be recovered from ratepayers! They said those issues would have to addressed in VGS's rate case. WELL, THE RATE CASE and VGS'S FINANCIAL RECKONING HAVE FINALLY ARRIVED! 

If you have time, please attend one or more of the upcoming technical hearings to make sure that Public Service Board knows that we are still paying attention, and we don't think that VGS should get a penny from Vermonters for any unjustified expenditures to build an ill-conceived and mismanaged project. 

WHEN:  December 8th, 9th, 12th, 13th, and 14th (the last day or two could be cancelled if they get through all of the testimony earlier) - starting at 9:30 AM and likely running throughout the day until 4:30 p.m. or thereafter. The actual schedule will probably be discussed on the first day. I will send out an update that evening. 

WHERE:  The hearings will be in Montpelier. Most will take place in the Pavilion Building, but one day of hearings will be at the PSB in the People's Bank Building.

12/8: The Pavilion Auditorium, Pavilion Building, 109 State Street. Enter through the side entrance on Governor Davis Avenue.  Photo ID required!

12/9: The Pavilion Auditorium, Pavilion Building, 109 State Street. Enter through the side entrance on Governor Davis Avenue.  Photo ID required!

12/12: Vermont Public Service Board, Susan M. Hudson Hearing Room, Third Floor, People's United Bank Building, 112 State Street, Montpelier, Vermont

12/13: The Pavilion Auditorium, Pavilion Building, 109 State Street. Enter through the side entrance on Governor Davis Avenue.  Photo ID required!

12/14: The Pavilion Auditorium, Pavilion Building, 109 State Street. Enter through the side entrance on Governor Davis Avenue.  Photo ID required!

REMEMBER: THESE HEARINGS ARE ABOUT WHAT VGS WILL BE ALLOWED TO CHARGE CUSTOMERS IN ITS RATES. THAT INCLUDES WHETHER AND HOW MUCH THE COMPANY CAN CHARGE FOR THE ADDISON NATURAL GAS PROJECT! Whatever the PSB says VGS can't charge customers, VGS, Gaz Metro, and their investors and shareholders will have to pay out-of-pocket!

BACKGROUND:

The MOU that VGS and DPS signed to save the project from cancellation late last year put a cap on how much VGS could recover from customers with a couple of exceptions like costs associated with protests or vandalism and costs associated with "delayed access to the ROW." HOWEVER, VGS is still obligated to prove that its expenditures were prudent, that they are "known and measurable" and that customers will actually benefit directly from the infrastructure. In addition to the ANGP, VGS is seeking to include the Phase VII looping project and over 40 smaller capital projects or system upgrades in rates.

DPS's cost assessment and rate expert originally said that the PSB would be justified in denying ALL of VGS's approximately $168 million costs for capital projects because of imprudent decisions (mostly stemming from poor project management), poor record keeping, and the company's inability to prove that the costs could be measured accurately, including when the projects would actually go into service. Finally, he questioned whether some infrastructure upgrades would actually benefit customers this coming year or at all. The big takeaway from his testimony is that there are several instances in which VGS didn't provide ANY reliable supporting documentation for hundreds of thousands or even millions of dollars of expenses, but because the projects themselves either are necessary for the functioning of VGS's system or a total denial of recovery of costs would be a financial hardship for VGS, he still recommends allows the entire or nearly the entire cost. 

HOWEVER, despite the fact that he could have recommended disallowing all costs, he actually only recommended disallowing ONLY $35 million of over $168 million in proposed cost recovery (including the $134 million under the ANGP rate cap MOU) and another $34 million for the Phase VII looping and other projects! In the past, when this same consultant has recommended disallowing some costs, the PSB has ultimately decided to disallow even less than recommended! THE PSB NEEDS TO KNOW THAT PEOPLE ARE PAYING ATTENTION! 

The Board held a public hearing on the rate case in Colchester this past summer before all of the information was made available to the public and before the Department of Public Service's accounting expert made his final evaluation and recommendations, which can be found here: http://psb.vermont.gov/sites/psb/files/docketsandprojects/gas/8698-8710/DPSSurreb/10-%20Schultz%20Vermont%20Gas%20Surrebuttal%20-%20Oct%2031.pdf (the most interesting parts related to the ANGP are from pages 7-72; it's double spaced with really narrow margins so it's shorter than it seems). IF YOU CAN'T ATTEND A HEARING YOU CAN STILL SEND COMMENTS TO THE PUBLIC SERVICE BOARD AT: psb.clerk@vermont.gov Just remember that this case is about whether VGS customers should have to pay for the pipeline. Whether the project was a good idea in the first place given climate change, environmental devastation, etc. isn't under review. This case will determine who pays for all of VGS's mismanagement and wasteful expenditures if this pipeline ever goes into service. 

It's also important that the PSB know whether VGS ratepayers are actually wiling to pay for imprudent expenditures and bills, for which VGS can't even produce invoices or receipts! So, if you have friends, who are ratepeysers, let them know that they can send their opinions and public comments to the PSB at: psb.clerk@vermont.gov

Perhaps most importantly, at this stage of the game - considering the elections and the fact that a new administration will be coming in - Please help educate the public (and our new Governor and legislators) about this very complex topic - at least so that the average natural gas customer understands that he or she is being charged for pipeline construction costs that resulted from poor management or that haven't even been supported with receipts, estimates, or work orders!!!! LET THEM KNOW THAT THIS IS AN OUTRAGE AND PEOPLE WON'T STAND FOR VGS GETTING A BLANK CHECK TO SPEND RATEPAYERS' MONEY WITHOUT ACCOUNTABILITY. 

Maybe if VGS has to pay its own way for unnecessary, environmentally disastrous and obsolete fossil fuel infrastructure, pipeline expansion won't be quite so attractive. 

In the meantime, hopefully, the Geprags Park Protectors will stop the ANGP (and then all of the project's costs could be denied!).

“Three things cannot be long hidden: the sun, the moon, and the truth.” Buddha

A Bitter Taste #Fracking updates from Vermont

It was a Trail of Bread crumbs,

The path from the

Steady, Stubborn, Staunch Supporter

of the

Gas Pipeline, originating in

Canada.

Courtesy of Gaz Metro dba

Vermont Gas (Gaz?)

Trans-Addison County, Vermont

Of course, I mean

Governor Peter Shumlin.

Has he gone too far?

Promising our property rights away,

Without due process.

Obstruction in the first degree,

Perpetuating,

Refusing to accept anything but

Fracked gas from Canada,

That Monkton,Vermont voted to outlaw,

Before our Selectboard signed an mou with Gaz.

Shumlin regulated Vermont Yankee Nuclear plant

Out of existence,

His neighbors rejoice.

The pipeline through Addison County

And extension cord down Lake Champlain,

 his fix for power,

Ugly big noisy windmills,

Ugly huge solar panels robbing views,

Monopoly ownership of power+gas.

All powerful public service board.

Not apparent to ratepayers:

Vermont Gas and Green Mountain Power are owned

By Gaz Metro.

So they gave him an award,

The Canadians.

Our group let me know,

Their support of each other is priceless.

As follows:

Ah yes, by giving away Addison County for Gaz Metro's profits, and giving the company control of 80% of energy generation, transmission, and distribution in the state, Shumlin has clearly served Quebec well. I just wish he had served Vermont as well.

On Mon, Nov 28, 2016 at 11:59 AM, MM

I wish I could be there to boo him off the podium.


Wednesday, November 30
Governor Shumlin will travel to Quebec City to receive the Ordre national du Québec Award, which is given to “exceptional individuals who, through their achievements, values and ideals, have influenced Québec’s growth and contributed to its renown.”

Gaz Updates...Give thanks for Irony

This link to Twilight Zone....For Pipeline Aficionados

Gaz #Fracking update

The pipeline fight update
This fight is Local...
Addison County Vermont


Vermont Digger put this article out...

My comments:
Voters of Monkton,Vermont said No to Fracking. To me it meant Globally! Selectboard, Governor Shumlin, Public Service Board let Canadian owned Vermont Gas start building BEFORE all the easements and right of way was fully established. Incremental, fragmented, poorly planned. Joke at State Government: easier to ask for forgiveness rather than permission. The pipeline is running perilously close to High Voltage power lines. Each pole/ power tower is Grounded. Nice work allowing Canadians monopolies-green mountain power+Vermont gas.

What a predicament! (Canadian owned) Vermont Gas has put All Current Vermont Gas customers on the hook for Millions. Overrun, poor planning, safety Carelessness, destruction of rare plants, disregard from swamp neighbors. These are just a few of the problems.

See article for rest of comments..

Gaz Update

I was fighting the tide of emails from our stop the pipeline group.
Another explosion, another protest, another scientific citation,
The evils of #Fracking, the robbers of property, prosperity and peace,
Even rare sunflowers at risk.
Here are a few pertinent articles with friends' notes, comments.
In reverse chronological order.
Best wishes in the Good Fight.
Meg
Am I reading this correctly? Is Gaz Metro saying they can serve their customer's needs better w/out a pipeline? 

Project to build a liquefied natural gas storage and regasification site in Bécancour - Gaz Métro ...

Canada NewsWire (press release)

... Energy Ltd. (TCE) power plant could be supplied natural gas by pipeline at a cost similar to that of building an LNG storage and regasification site.

Finally, renewables over gas pipelines......shocking concept!

Connecticut Energy Decision Places Renewable Projects Over Gas Pipelines

Rhode Island Public Radio

The decision pulls the plug on plans to construct more natural gas pipelines in the state while boosting the use of renewable energy throughout the ...

In the Williston Observer:
http://www.willistonobserver.com/hinesburg-pipeline-protest-stirs-ire-against-state-agency/


Click link: Williston Observer letter

Friends,

We hope you'll join us at the 4th Annual 350VT Statewide Meeting on Sunday Nov. 13th. Come for part of the day or the whole day. We're excited to announce that Vanessa Gray, from Aamjiwnaang Sarnia Against Pipelines, and Jay O'Hara, from Climate Disobedience Center, will both be speaking.

This year we're focusing on solutions, and our workshops are geared toward learning about a whole host of great grassroots solutions from electric bikes to soil restoration and from green building to true community solar. We'll also have all the usual updates, campaign briefings, awards and recognitions, and a great meal.

To recap:

When: Sunday Nov. 13th from 2-8pm (come for part or all)
Where: Capital City Grange, Montpelier, 6612 VT-12
What: 350VT Annual Gathering 

2:00pm Workshops
4:00pm Statewide meeting
6:00pm Dinner & Awards
7:00pm Vanessa Gray, Jay O'Hara, & other special guests

Who: you!

RSVP by 11/4 HERE.

Please carpool as you are able. Find our ride board HERE.

Want to volunteer and help out? Awesome, please contactkeri@350vt.org

Our best,

Maeve, Keri, Brittany, Austin and the 350VT team

p.s. We are also looking for items for a raffle auction - gift certificates, movie tickets, herbal tinctures. Have you got something you'd be willing to offer? Please contact keri@350vt.org

Letter to editor by local Fracking Fighter

Department?

Posted on October 27, 2016 |  

• Opinion
   

By Mary Martin

I am writing as a member of “Just Power.” Just power does not mean just as in simply power. It stands for just as in justice — to be treated fairly and equally with a meaningful involvement. Almost four years ago, I believed in justice. I was told the Public Service Board (PSB) would hear us and then decide if they should grant a Certificate of Public Good (CPG) for Vermont Gas based on existing criteria…such as need, reliability and economic benefit.

I naively believed what I was told. Gov. Shumlin told me he had no influence over the outcome. It would be determined by a quasi-judicial board. The hearings would be fair. He must have been kidding. I was thrilled because I knew the true “need” did not exist. We were transitioning away from fossil fuels. Our state was headed toward a green, renewable future. This project would be inconsistent with our goals.

Nobody would support a pipeline of fracked gas in this day and age. Need, check, got that one covered. One down and two to go. Reliability is only as good as the provider of this nasty gas. We have seen time and time again how Vermont Gas has botched the project, permits, land acquisitions and budgeting. This is not a reliable or even monetarily viable business. Two down and one to go. 

Economic benefit and this is the real motivator. No benefit exists for the 50,000 customers in Franklin and Chittenden Counties or the 2,000 small customers in Addison County. I used the calculator on the Vermont Gas website and according to their own website my savings would be $0. Yep, $0. According to the Vermont Gas calculator, I would end up spending $150 more for the heating season. The cost to suck on this pipe is $55,000 for each new customer.

Thank you to Vermont Gas current customers in Franklin and Chittenden counties for paying this for us. New customers will pay the costs of hookup and conversion to your existing furnace (if it can be converted) and disposing of your fuel tank (mandatory).

So if by economic benefit, you are referring to Vermont Gas and not the public, it makes sense. No, the PSB is charged with meeting the economic benefit for the public not a privately held company.  Three strikes and it’s out! The only thing we needed was to have the PSB listen to the facts.

Enter the Public Service Department (PSD). PSD’s mission, as stated on their website, is to serve all citizens of Vermont through public advocacy, programs and other actions that meet the public’s need for the least cost, environmentally sound, efficient, reliable, secure, sustainable and safe energy systems for the long and short term.

The PSD should be renamed the Utility Service Department. The department has not once looked out for the public they are supposed to represent. They have sat like bobble-head dolls, agreeing with everything Vermont Gas has said. Never once did they listen to the public. We are asking for environmental justice now. Please consider how the financial and physical risks are distributed.

Ratepayers are footing the bill and Vermont Gas is raking in the money. Think about who benefits versus who pays. How evenly are the benefits distributed and how evenly is the risk distributed? People are tired of trying to do things the right way. I am tired of fighting in a rigged system. We need justice now!

Come join us and stand against this pipeline on Oct. 20. We will meet at Geprag’s Community Park, Hinesburg at 8:30 a.m. More details and signup athttp://tiny.cc/Oct20Vermont.

Mary Martin

Cornwall

Marchildon Survey

From Comrade Rachel

Greetings all, Let’s keep up the pressure and STOP THE PIPELINE!  Please take action now and then SHARE THIS with all your friends and contacts!

TIME TO PERSONALLY DEMAND ACCOUNTABILITY FOR PIPELINE SAFETY! 

The Vermont Department of Public Service (aka Department of Pipeline Service) first reported failures on behalf of VGS construction standards back in June 2016 but they still have not ensured those problems have been addressed.  Instead they allowed VGS to continue construction, now for over 4 months!  PLEASE take a moment to register your concern, personally, with the federal Pipeline and Hazardous Material Safety Administration and make sure they know that we CARE about our safety! 

https://pin.salsalabs.com/o/502/c/72/p/dia/action3/common/public/index.sjs?action_KEY=18759

For background and details, read the press release, with link to the letter and all substantiating documentation that we delivered to Pipeline Hazardous Material Safety Administration last week, here: http://www.protectgeprags.org/vermont_citizens_alarmed

Commissioner Recchia and VGS are trying to paint our safety concerns as just another attempt to stop the pipeline. https://vtdigger.org/2016/10/18/vermont-gas-pipeline-opponents-file-safety-complaint-federal-agency/ Recchia is accusing us of distorting the truth when he knows full well that not all of the violations have been fixed. His own department just supported yet another extension and now wants to resolve the case behind closed doors with a minimal fine equal to the penalty for 1.5 days of continuing violations -- for violations that have existed since June 2016!  Moreover, they are once again trying to say that it's just a handful of fringe opponents of the pipeline raising these safety concerns -- the same way they like to pretend that only a handful of people oppose the fracked-gas pipeline in Vermont. 

PLEASE TAKE A MOMENT to Join 350VT, Central Vermont Climate Action, Just Power, Protect Geprags Park, Rutland Area Climate Coalition, Toxics Action, Upper Valley Affinity Group, and Vermonters for a Clean Environment by personally calling on the federal Pipeline and Hazardous Materials Safety Administration to intervene in pipeline safety in Vermont. It takes just 30 seconds via the link above. 

Tell PHMSA that we're not willing to accept lax oversight or dangerous fossil fuel infrastructure.

https://pin.salsalabs.com/o/502/c/72/p/dia/action3/common/public/index.sjs?action_KEY=18759

From Alex:

Hi all,

I wanted to send a note of gratitude out to all those who came to the action in Hinesburg yesterday, and especially those who held roles in planning, organizing, and implementing it. Thank you. That was great. I've now been a part of organizing a few of these big coalition actions, and this time there were more people stepping up to the plate to make it successful than I've seen before. I think this is a strong testament to this campaign's ability to bring increasing numbers of people into collective action, and to developing the skills and relationships needed for more effective resistance in the future. Lots of love to you all.

Also, we didn't *quite* do the action we planned for, and that's OK, because it went great anyway. 200+ people took direct action together and stopped work on the "death-oriented" project. (For reference, see Rev. Wilson's great quote in the Digger story:http://vtdigger.org/2016/10/20/six-gas-pipeline-protesters-arrested-hinesburg/)

That's 200+ people who were willing to use their bodies to stop the violence of fossil fuels, and because of our power in numbers, the overwhelming majority of that crowd will face no consequences. At least 50 of us showed up yesterday willing to get arrested, and there were many more on the fence. It's important that we don't let this moment, this mass willingness to do what's right, drift away.

Our friends in Hinesburg are still depending on us to help them Protect Geprags Park. If Brian's right, and we have the potential to turn the Phase 1 fight into a Seabrook moment (that is, make Phase 1 such a costly battle that VGS never pursues Phase 3, nor brings Phase 2 back from the dead), then we need to keep giving this fight all we've got until it's actually over.

Folks, if you came out yesterday willing to risk arrest, or if you couldn't yesterday but have been willing at other points in the last four years, please don't let your enthusiasm or urgency fade. That Seabrook strategy depends on all of us continuing to take action against the completion of the pipe until we absolutely can't anymore. If you're willing to stand in defense of the park (and the planet), and willing to increase the odds of the "Seabrook strategy" succeeding, please be in touch.

Solidarity forever,

Alex

PS- I know there are important folks who were there yesterday but may not be on any of these Google Groups. Feel free to forward this message!

-- 

From Lisa:

A good story. in Digger today. Reporter even points out the workers’ cars were NOT blocked or “restrained” by protectors.

http://vtdigger.org/2016/10/20/six-gas-pipeline-protesters-arrested-hinesburg/

  don't know who this person is, but they got some facts wrong. However, not about my passion for the park!

Hope all are well and had as great a day as I did!

Nancy

P.S We were a lot more than 100!

On Thu, Oct 20, 2016 at 7:05 PM, Melanie Peyser <mcpeyser@gmail.com> wrote:

http://www.burlingtonfreepress.com/story/news/2016/10/20/six-arrested-hinesburg-pipeline-protest/92420622/

http://www.mynbc5.com/article/police-arrest-six-at-at-natural-gas-pipeline-demonstration/6967959

Neighbor's testimony from the Vermont Digger

-- 

Another opinion from Burlington free press:
From Burlington free press


From Melanie:

If there one thing I've learned it's that whenever a VGS representatives says, "We've got a great story to tell" they mean it. It's just a story or one might say, a fairy tale! AARP is working hard to get a truly independent ratepayer and/or public advocate to represent the public in matters before the Public Service Board. Here is an article on what they're doing:

http://vermontbiz.com/news/october/aarp-survey-vermonters-concerned-about-utility-rates-and-representation?utm_source=VBM+Mailing+List&utm_campaign=3cd5915de1-Enews_10_17_2016&utm_medium=email&utm_term=0_85838110bc-3cd5915de1-286298361

In it, Beth Parent says that VGS has a great story to tell about rates and then goes through the companies standard claims. The fact is that the rates that DPS and VGS use to calculate savings customers, who sign up in Middlebury and Vergennes, are inaccurate. Addison County prices are much lower than elsewhere in the state. My Mom just bought oil, which we use when our wood furnace cuts out, for $1.75 per gallon. At that rate, we would have lost over $200 for a 529 gallon fill up if we had switched to natural gas. As most people know, my Mom is moving away from the pipeline, and she would not have been offered gas even with the transmission line running 300 feet from her bedroom door if she had stayed. But, the fact is that people could use the savings they're getting now from lower oil prices to invest in heat pumps and weatherizing. We have friends, who aren't opposed to the pipeline, who did that even before prices dropped and report a 50% savings on their heating bills taking into account what they paid for electricity for the heat pumps and the mild winter and without solar panels.

We all know that VGS will have to build in the cost of the pipeline into rates next year. The construction delays have actually helped the company and DPS mask the upward rate pressure by including only a portion of costs in the current rate case. Unless natural gas prices drop to nearly nothing VGS's rates will have to go up. 

It's shocking that DPS is doing nothing to stop VGS from making up "great stories" about its rates and claiming that its rates will stay at their currently low rates. The company knows full well that no matter what happens to the cost of natural gas, the amount VGS charges customers for its infrastructure will have to go through the roof when the full price of the ANGP expansion is piled onto its rate base. Vermonters deserve truth in advertising and accurate price signals. The only way to get this is through an independent ratepayer advocate, who actually works to enforce consumer protections and hold utilities accountable! Please comment on this story and support AARP's efforts to overcome the status quo of DPS complacency! 

Incidentally, I'm not kidding when I say you should be skeptical whenever VGS says it has a great story:

Last spring in Middlebury, VGS said that it had a great story to tell about fugitive emissions. The representative said that VGS "had no leaks on the book." When pressed, representatives admitted that the company does have leaks, but they pledged to fix all leaks no matter how serious immediately upon discovering them. That doesn't mean that they have no leaks or even that they discover all of the leaks. It just means that the fix leaks when found. 

Here's what VGS's leak record according to the data looks like:

http://primis.phmsa.dot.gov/comm/StateProgramMetrics/StateProgramMetrics_VT.htm?nocache=590

Here's the letter in the Brattleboro Reformer.

On 10/18/16 10:33 AM, Jason Kaye wrote:

Great letter in the Brattleboro Reformer from organizers in Brattleboro in support of Thursday's action at Geprags Park.

Are you coming to build Vermont's climate movement?

Jason

From the Digger:

From the Digger

From Rachel:

Greetings everyone!  

A few updates from Hinesburg and beyond — setting the stage for upcoming October 20 events.

The PSB has still not made any final order regarding Hinesburg residents’ motion to reconsider their decision on eminent domain and Geprags Park.  Therefore there is still no construction (horizontal directional drilling) at Geprags.  

We have filed the Supreme Court appeal meanwhile.  Jim Dumont who represented us through the PSB hearings, has (wisely) determined that it would be better for us to be represented by a different attorney, and we are really REALLY pleased that Rob Woolmington, one of the top appellate lawyers in the state, has agreed to handle the appeal. (Note: this means we need to ramp up fundraising even more).  

While the eminent domain case winds its way to the Supreme Court, CLF also awaits an answer from the Public Service Board regarding its motion to require VGS to amend its petition for a certificate of public good. That could force VGS to demonstrate why the project still makes any sense. It’s a long shot, but we should lose hope that one of these legal challenges will ultimately stop the pipeline from coming into operation!

Also, some are aware but others may not be: several organizations have signed onto a letter to the U.S. Department of Transportation’s Pipeline and Hazardous Material Safety Administration. They’re the folks responsible for pipeline safety. Vermont DPS has delegated authority from PHMSA in return for certifying that the State is upholding minimum pipeline safety standards. We all learned a few weeks ago that DPS had issued a “notice of probably violation” to VGS alleging some pretty serious violations of construction safety standards, but DPS has since supported VGS getting three extensions of time to respond fully, allowed VGS to continue construction without proving the problems have been fixed, and asked for a minimal fine. It’s not surprising that DPS is also saying that the matter can be settled out of the public’s view and without a hearing before the PSB.

A letter, signed so far by several groups, has been sent to PHMSA requesting that they step in and verify whether pipeline safety rules are being properly enforced in the State. We’re also making it possible for individuals to contact PHMSA in support of the letter through an online tool on Toxic Action Center’s website (stay tuned for the link!). We have created a photo gallery of construction here: https://www.flickr.com/photos/145694641@N05/with/30114808551/ or send your photos to this email address: protectgeprags@yahoo.com (either way, be sure to note date taken and location). If you live near the pipeline route and are concerned about pipeline safety we hope you’ll join this initiative! Finally, we will be working to educate the public about pipeline safety issues and how to report pipeline safety concerns, and that will start with a press release and article about the dangers associated with collocating pipelines and overhead electric transmission wires on Monday!

So this is the context for our action on October 20 - Supreme Court challenge on Geprags/public land eminent domain, the pending CLF amendment motion that could still force VGS to reargue its project application, AND a call for an emergency review of the State’s (DPS’s) oversight and enforcement of federal pipeline safety regulations. 

The fight isn't over.

--------
Me again,
That's all I can handle.
Some dates are past,
The messages the same.
Stop the #Fracking Pipeline from Alberta to points south.
Meg