The Canary Coalition a grassroots clean air movement

For about two months the Canary Coalition hasn't been able to send an email newsletter to its members due to technical difficulties. At first we thought it may have been the result of the new computer equipment, or the conversion to the Microsoft Vista operating system's email program or the fact that we switched servers from Earthlink to Verizon. As it turns out it was none of the above.

The problem was our membership had grown rapidly to almost 1300 (up from 1000 in December) overwhelming the system! We could no longer send a single email to a "group" that size from the computer's email list. Finally, we figured it out and member Tom Alba set up a listserve for us with Mountain Area Information Network that solved the problem. This system should allow email to tens of thousands, and, at this accelerated rate of growth, we'll be putting it to the test before long.

Special Woodfin Legal Fund Created

Money needed to continue investigation and possible litigation

On January 16, the Buncombe County, NC Board of Commissioners voted to lease 78 acres of land to Progress Energy for one dollar per year, to build and operate a new diesel-oil burning power plant. Since then the Canary Coalition has been conducting an investigation into possible violations of the Open Meetings and Public Disclosure Acts that could reverse the decision.

We've had to retain an attorney for this purpose. Initially we "borrowed" five thousand dollars from our operating budget to enable this. But, that money has run out and we've opened a special account for people, businesses and foundations who may wish to donate money specifically ear-marked for the purpose of fighting a legal battle against the Woodfin Power Plant project. If you live in western North Carolina and are concerned about the location of a new polluting, greenhouse gas producing, fossil-fuel burning power plant there, please consider contributing to this fund.

Donations may be sent to:

Woodfin Legal Fund
c/o The Canary Coalition
PO Box 653
Sylva, NC 28779

please make checks payable to Woodfin Legal Fund

Volunteers needed for upcoming events

Spring is here and a wave of outdoor events is rapidly moving our way. There are music festivals, Earth Day events, running and bicycle races, all at which we'd like to have a presence. To help staff an information table we need volunteers willing to take 2-4 hour shifts, to gather petition signatures, hand out literature and sign up new members.

We also need volunteers to help with office-type work including data entry, disc production, button production, printing and folding, etc.

If you'd like to help in any of these capacities please call the office at 828-631-3447 or send an email with the heading "volunteer".

Outrage in Western North Carolina
Over Proposed Oil-Burning Power Plant

Buncombe County Commissioners Avoid Public Involvement

Once again we are reminded that democracy can never be taken for granted. The citizens of Buncombe County, North Carolina are learning that their elected officials believe there is one set of rules for Progress Energy Corporation and another set for everyone else.

For two years, beginning in 2004, the Buncombe County government negotiated in secret with representatives of Progress Energy on a proposal to lease 78 acres of public land adjacent to a retired landfill for one dollar a year, for fifty years, to build and operate a new diesel-oil burning power plant in Woodfin, just north of Asheville, NC.

Then, out of nowhere, the commissioners announced in mid-December of 2006 there would be a public hearing, on January 16, 2007, on the proposal. This provided a mere thirty days for public absorption, preparation and response. About two hundred people packed the hearing room and voiced overwhelming opposition to the project, while demanding a delay in the decision to allow for greater public input. At the end of the hearing the commissioners promptly voted 5-0 to grant the lease to Progress Energy. There was never any doubt.

At the next meeting of the county commission, on February 20, although it was not on the agenda, the lease was again the main topic as another room filled with concerned citizens spoke in opposition to the Progress Energy Proposal. Speaker after speaker was given a strictly enforced limit of three minutes. When the last opponent of the power plant finished speaking, the Chairman, Nathan Ramsey, asked Ken Maxwell, the public relations person from Progress Energy to come forward and speak. This in itself broke protocol, since the issue was not on the agenda and Mr. Maxwell had not signed the sheet for public speaking. Maxwell went on defending the lease and the plan to build the power plant for well over five minutes without interruption when the people in attendance began getting restless and mumbling about the time limit. Finally someone shouted out that Maxwell's time had expired. Ramsey shot back, saying that one point of view had been voiced by everyone else and it wasn't unreasonable for one person voicing another view to be given ten minutes (although Progress Energy had been given two years with no rebuttal). This preferential treatment of course broke all the rules so strictly enforced prior to Maxwell's testimony and made everyone in the room realize there were two classes of people present. The first class of citizens consisted of Progress Energy personnel. Everyone else was second class. A protest arose from the crowd at the obvious arbitrariness of Ramsey's rule bending. Ramsey responded by threatening to have the police remove the next person who protested from the audience.

In reaction to the County's blatant attempt to by-pass the public in this decision-making process, opposition has manifested itself throughout the community in several ways and continues to mushroom as the commissioners compound their problems with each step through arrogance and heavy-handedness. In early January, prior to the January 16 hearing, a group in West Asheville held a teach-in at the public library, attended by about fifty people, to organize against the power plant. The Mountain Voices Alliance suddenly became flooded with new members eager to DO SOMETHING to stop the power plant. They held meetings in Woodfin and Weaverville attended by at least a hundred people. Two people who identified themselves with the international direct action group, Rising Tide, scaled and hijacked a roadside billboard to hang a huge sign that read, "Burning Oil Ain't Progress. Stop the Woodfin Power Plant!" The Canary Coalition decided to pursue legal action against the Buncombe County government for possible violation of the Open Meetings and Public Disclosure laws.

Under the authority of the Public Disclosure laws, on January 30, the Canary Coalition submitted a letter of discovery to the County Manager's office demanding to view all records of meetings between Progress Energy and the County in the past three years. There was no doubt the spirit of the open meetings law had been broken as the County kept the public completely in the dark about this project for two years while details of the deal were worked out. The Coalition then retained an attorney to study the law and investigate the county records to see if the letter of the law had been broken as well. On February 12, County Manager Wanda Greene responded to the letter of discovery by mailing a packet of information to the Canary Coalition that included copies of relevant ordinances and a handful of email communications between Progress Energy and county officials. Assuming this small compilation of documents could not possibly be the complete record, a second letter was sent, on February 16, to the County Manager along with a stern letter from the organization's attorney demanding total compliance with the Public Disclosure Law. To date there has been no response.

Among the documents sent to the Canary Coalition from the County were no records that would substantiate the claim by Progress Energy that it had considered alternatives but found no options other than building a new power plant to accomodate peak loads. There were no studies, no statistical analysis, no charts, no comprehensive descriptive reports, no comparative research, no detailed commentary on the alternative options that were allegedly reviewed and rejected. There was no documentation relinquished that indicated Progress Energy representatives met or communicated with any county official, elected or otherwise, other than for a few phone calls and email exchanges over the past three years concerning this matter.

This could mean only one of two things, neither of which looks good for the commissioners and county government. One possibility is the County is withholding records of meetings and communications that took place. If so, the county government is in violation of the Public Disclosure Act. The other possibility is that there was indeed very little communication between the County and Progress Energy and the commissioners made this profoundly important decision without any informational basis to back them up. If so, they acted solely on the word and in the interest of Progress Energy. They sought and received no outside advice.

Public input was scheduled in a hearing that was no more than a legal formality, for the last possible moment before a vote was taken affirming the decision. The citizens of Buncombe County and their interests were intentionally avoided throughout the process of negotiating this deal with Progress Energy. If you're reading this, you should be angry.

Money is needed for the legal fund to fight the Woodfin Power Plant.

Donations may be sent to:

Woodfin Legal Fund
c/o The Canary Coalition
PO Box 653
Sylva, NC 28779

please make checks payable to Woodfin Legal Fund

Public Hearing April 2 in Woodfin

The Woodfin Planning and Zoning Board will be holding a public hearing on Monday, April 2, 6:30 at the Woodfin Town Hall, to determine if the oil-burning power plant proposed by Progress Energy meets zoning requirements under the town's definition of "heavy industrial" development. The project could be disqualified if it is determined the plant will pose a health threat, de-value property or change the character of the community within which it is placed.

Testimony is needed by members of the medical community, people with community planning backgrounds, realtors and assessors.

Please let our office know if you plan to attend and give testimony.

email or call 828-631-347

Environmental groups oppose new power plant in Florence County, South Carolina

Associated Press

FLORENCE, S.C. - Environmental groups are organizing their opposition to a proposed coal-fired power plant run by Santee Cooper in Florence County.

The Southern Environmental Law Center has filed a letter of concern with the state Department of Health and Environmental Control, asking the agency to refuse to issue an air quality permit to the utility.

The Coastal Conservation League also opposes the $984 million plant to be built along the Great Pee Dee River near Kingsburg, said Nancy Cave, North Coast director.

"This state is way behind in energy efficiency. We need to go a long way before we start permitting coal plants," Cave said.

There are ways to generate power that are better for the environment, Cave said.

"We feel that the federal Clean Air Act really demands that DHEC force Santee Cooper to look at the best and cleanest technology," Cave said.

Santee Cooper wants to open the plant by the start of 2014. The state-owned utility said it will have two 660-megawatt pulverized coal-fired boilers. The plant should employ about 100 people with an average salary of $50,000 a year.

Santee Cooper wants to start building the plant this year. The utility said as many as 1,400 construction jobs could be created over the next seven years.

The Federal Energy Regulatory Commission and the DHEC must give the utility permission to build.

Santee Cooper said it needs the plant to provide electricity to rapidly growing areas along the South Carolina coast.

DHEC has no official response to the letter, but spokesman Thom Berry said the agency hopes to hold public meetings on whether to grant the permits in the next couple of month.

Santee Cooper is a state-owned electric and water utility that generates the power sold to the 20 electric cooperatives throughout South Carolina.

Power Company Attorney Finley Appointed

to NC Utilities Commission

To the shame of the NC General Assembly Governor Easley's appointment of attorney Edward Finley to the Utilities Commission was confirmed unanimously.

Finley's law firm Hunton & Williams often has represented utility companies in acquistion cases over the past two decades. This appointment represents a clear case of conflict of interest as the utility commission oversees energy policy for the state and is one of the principle agencies responsible for utility regulation.

In order to appear "fair and balanced" Senate and House leaders combined the confirmations of Finley and Jimmy Ervin into one bill with one vote. Ervin has a history as a consumer advocate and was previously prevented from appointment to the Utilities Commission by strong opposition from industrial lobbyists. So, lawmakers were confronted with the choice of turning down Ervin if they voted against Finley. But, the balance of the Utilities Commission is weighted in favor of the industry, so it was a false choice and no excuse.

Legislators need to hear from their constituents that they don't approve of this spineless aquiescence to the will of industrial lobbyists.

Energy Future Resolution Lobby Day March 28 in conjunction with the NAACP

We're often reminded that Clean Air is a civil rights issue. We all have the right to breathe clean air. But, often the health and environmental problems associated with clean air disproportionately affect people who are low income and without the political power of those who are more advantaged. Factories, power plants, refineries are often located near neighborhoods that put up the least political resistance. The costs of good health care are more prohibitive to disadvantaged minorities. So, it comes naturally for the Canary Coalition to join forces with one of the oldest and most respected civil rights organizations in the country, the NAACP.

On March 28 we'll be sharing a van with members of the Asheville Chapter of the NAACP to travel to Raleigh for a Lobby Day in which we'll be focusing on advocacy for economic and social issues affecting people with lower incomes and minorities, including air quality and related issues like job creation through renewable technology training programs and education on conservation and efficiency policies that could help elevate the economic standing of people with low incomes.

The transportation fee will be $20 per person, roundtrip. If you're interested in joining us, please call Jean Larson, 828-683-5548.

Membership Renewal Reminder

If you have not already done so, please renew your annual membership with the CanaryCoalition and help keep the database updated with your most recent contact information. There is no mandatory annual membership fee, although all donations are gratefully accepted (and very much needed). Average individual member donations are about $35. Businesses about $100.

All new and renewing members receive the interactive membership computer CD. The membership CD is a powerful tool that aids its owner in being a clean-air activist. It contains a 15-minute PowerPoint presentation about air quality issues and the Canary Coalition that can be shown to friends, groups, classrooms, etc. Also on the membership CD is a library of documents containing information about important air quality issues. There are also graphics for iron-on applications, printable membership forms and a link to the Canary Coalition website.

We will also include a bumper sticker for any renewal that includes a donation.

Send updated contact information and donations to:

The Canary Coalition

PO Box 653

Sylva, NC 28779

or you can donate online