Category Archives: Law

Barnes and Richardson against Georgia Power’s CWIP

Two former big-time politicos join the fight against CWIP.

Melissa Roberts wrote for CBS Atlanta yesterday, Unlikely duo challenges Ga. utility over rates,

The unlikely duo of ex-Democratic Gov. Roy Barnes and former Republican House Speaker Glenn Richardson are heading to court to challenge Georgia Power over a surcharge they say has cost ratepayers as much as $100 million.

They're going after Construction Work in Progress (CWIP)!

Jim Galloway in the AJC yesterday noted the irony,

The gentleman knows of what he speaks, and that is only one of the ironies here. The legislation that has allowed Georgia Power, for the last 15 months, to charge ratepayers for financial costs associated with the construction of two new nuclear power plants, was passed in 2009 during Richardson’s final session as the second- most powerful man in the Capitol.

Maybe he can help undo the harm he helped do. Ditto Roy Barnes, who got coal-plant-building Cobb EMC former head Dwight Brown off on a technicality.

Melissa Roberts wrote:

The lawsuit contends the utility is charging sales tax on the finance surcharge and the franchise tax paid to cities. Richardson said in a phone interview he and Barnes are two "Davids against the Goliath."

Add those two Davids to the two Davids of Savannah, Drs. Sidney Smith and Pat Godbey and their Lower Rates for Customers LLC. Add a few more thousand Davids around the state paying their CWIP in separate checks with objections.

New Hampshire banned CWIP and their nuke-building utility went bankrupt. Missouri banned CWIP. Iowa is working on banning CWIP. Georgia can ban CWIP, too. Watch out Goliath!

-jsq

 

 

 

 

Taser incident in Boston, Georgia

Received today. -jsq

Too often there are incidents of this nature that go unreported while American Citizens feels that the United States Justice Department knows about these types of incidents but little to nothing seems to end these alleged incidents of Americans CONSTITUTIONAL Rights Violation? But then who cares until they need a young man to volunteer to serve on foreign battlefields for the rights of others.

-George Boston Rhynes

Here’s a playlist:


Taser incident in Boston, Georgia
Video by George Boston Rhynes for bostongbr on YouTube (K.V.C.I.).

I don’t know any more about it than what’s in these videos, and in the writeups by George; see below. -jsq

Continue reading →

Human rights and war on drugs incompatible —LEAP

While the local CCA private prison contract expired (yay!), the U.S. still has 5% of the world’s population and 25% of the world’s prisoners, which is seven times our incarceration rate of 40 years ago, while the crime rate is about the same, and Georgia has 1 in 13 adults in the prison system (jail, prison, probation, or parole. We can’t afford that. The money we waste locking people up could be sending people to college or paying teachers. And the root cause is still the failed war on drugs, which is also one of the biggest problems with human rights around the world.

LEAP wrote 16 March 2012, Human Rights is a Foreign Concept in the UN’s “War on Drugs”

“Fundamentally, the three UN prohibitionist treaties are incompatible to human rights. We can have human rights or drug war, but not both,” said Maria Lucia Karam, a retired judge from Brazil and a board member of Law Enforcement Against Prohibition (LEAP).

Richard Van Wickler, currently a jail superintendent in New Hampshire, adds, “I suppose it’s not shocking that within the context of a century-long bloody ‘war on drugs’ the idea of human rights is a foreign concept. Our global drug prohibition regime puts handcuffs on millions of people every year while even the harshest of prohibitionist countries say that drug abuse is a health issue. What other medical problems do we try to solve with imprisonment and an abandonment of human rights?”

Good point.

We don’t lock up people for drinking. We only lock them up for endangering other people while drinking. And we tax alcohol sales and generate revenue for the state. Let’s do the same with drugs: legalize, regulate, and tax. That’s what we did with alcohol in 1933, and it’s time to do the same with other drugs.

-jsq

Separate CWIP payments to Georgia Power —WACE call for action

We don’t have to wait for the Georgia legislature to ban Construction Work in Progress (CWIP) for Georgia Power’s new nukes at Plant Vogtle. WACE has put out a clever call for action about CWIP, Go Solar, Not Nuclear!

Here’s an excerpt:

  • Use two checks each time you pay your bill. One check covers the amount you are forced to pay for “Nuclear Construction Cost Recovery” (write “for solar construction” in the memo line). The other check covers the remaining amount of your actual electricity costs.
  • Include a note in the letter with your checks voicing your opposition to nuclear power and ask Georgia Power to invest your funds in solar energy instead. This note could read:
    • I oppose nuclear power because of its dangers to our health and our environment. (See the nuclear accidents at Fukushima, Chernobyl, and Three Mile Island)
    • I oppose the construction surcharge for nuclear power plants because they are too expensive and waste billions of our tax dollars. (Plant Vogtle was originally estimated to cost $660 million. Eventually, only 2 of its proposed 4 reactors were built, costing more than $8 billion, and resulting in huge rate hikes for Georgia residents.)
    • I ask that GA Power invest my money and any collected surcharges in solar instead.
The PDF of the call includes these addresses:
Tim Echols, Chairman
Georgia Public Service Commission
244 Washington Street SW
Atlanta, GA 30334
1-800-282-5813 		W. Paul Bowers, CEO
Georgia Power Company
241 Ralph McGill Boulevard NE
Atlanta, GA 30308
1-888-660-5890
And don’t forget Georgia Power’s parent company The Southern Company’s CEO, Thomas Fanning, said a year ago he’s “bullish” on solar. Let’s see some solar action from The Southern Company and Georgia Power!

Here are some more contacts.

You don’t even have to be a Georgia Power customer to write to these people. Most of them are elected or appointed officials who are supposed to represent you, the taxpayers.

-jsq

Why CWIP is a bad idea

Iowa is rejecting CWIP, and Georgia can, too. Here’s why.

Herman K. Trabish wrote for Green Tech Media 22 February 2012, The Nuclear Industry’s Answer to Its Marketplace Woes: Construction Work in Progress (CWIP) financing shifts the risks of nuclear energy to utility ratepayers,

A sign of the nuclear industry’s difficult situation in the aftermath of Fukushima is a proposal before the Iowa legislature
“Construction Work in Progress was intended to circumvent the core consumer protection of the regulatory decision-making process,”
that would allow utility MidAmerican Energy Holdings, a subsidiary of Warren Buffett’s Berkshire Hathaway, to build a new nuclear facility in the state using Construction Work in Progress (CWIP) financing (also called advanced cost recovery).

“Investment in nuclear power is the antithesis of the kind of investments you would want to make under the current uncertain conditions,” explained nuclear industry authority Mark Cooper, a senior fellow for economic analysis at Vermont Law School’s Institute for Energy and the Environment. “They cannot raise the capital to build these plants in normal markets under the normal regulatory structures.”

CWIP would allow the utility to raise the money necessary to build a nuclear power plant by billing ratepayers in advance of and during construction.

“Construction Work in Progress was intended to circumvent the core consumer protection of the regulatory decision-making process,” Cooper explained. “It exposes ratepayers to all the risk.” The nuclear industry’s answer to its post-Fukushima challenges, he said, “is to simply rip out the heart of consumer protection and turn the logic of capital markets on their head.”

And the Iowa Utilities Board staff agreed with Cooper and recommended against CWIP.
His message to policymakers is simple, Cooper said. “This is an investment you would not make with your own money. Therefore, you should not make it with the ratepayers’ money.”
Meanwhile, in Georgia: Continue reading →

How to ban CWIP in Georgia

A one-paragraph law can do it; that’s all it took in New Hampshire to ban Construction Work in Progress (CWIP) after Three Mile Island. OK, plus a state Supreme Court ruling, but that would be easier in Georgia since the New Hampshire Supreme Court already set a precedent of upholding the NH law. After Fukushima, Georgia could ban CWIP and end the new Plant Vogtle construction. The we could get on with building solar.

Here’s the text of the NH law, taken from the NH Supreme Court ruling:

“378:30-a Public Utility Rate Base; Exclusions. Public utility rates or charges shall not in any manner be based on the cost of construction work in progress. At no time shall any rates or charges be based upon any costs associated with construction work if said construction work is not completed. All costs of construction work in progress, including, but not limited to, any costs associated with constructing, owning, maintaining or financing construction work in progress, shall not be included in a utility’s rate base nor be allowed as an expense for rate making purposes until, and not before, said construction project is actually providing service to consumers.”
Simple enough. The Georgia legislature could do it. Knowing the NH CWIP ban caused PSNH to go bankrupt on costs for the Seabrook nuclear plant, Georgia Power might back off on Plant Vogtle rather than have such a law passed.

-jsq

What we can learn from no nukes and solartopia of 30 years ago

Why were only 12% of the projected 1000 nuclear plants built in the U.S. by the year 2000? Because of the no nukes movement started in Seabrook, New Hampshire in 1977. And because New Hampshire banned CWIP. Here in Georgia in 2012 we can cut to the chase and do what they did that worked.

Harvey Wasserman wrote for The Free Press 13 May 2007, How creative mass non-violence beat a nuke and launched the global green power movement,

Thirty years ago this month, in the small seacoast town of Seabrook, New Hampshire, a force of mass non-violent green advocacy collided with the nuke establishment.

A definitive victory over corporate power was won. And the global grassroots “No Nukes” movement emerged as one of the most important and effective in human history.

It still writes the bottom line on atomic energy and global warming. All today’s green energy battles can be dated to May, 13, 1977, when 550 Clamshell Alliance protestors walked victoriously free after thirteen days of media-saturated imprisonment. Not a single US reactor ordered since that day has been completed.

How effective?
Richard Nixon had pledged to build 1000 nukes in the US by the year 2000. But the industry peaked at less than 120. Today, just over a hundred operate. No US reactor ordered since 1974 has been completed. The Seabrook demonstrations—which extended to civil disobedience actions on Wall Street—were key to keeping nearly 880 US reactors unbuilt.
The only new nukes ordered since then are the ones Georgia Power wants to build at Plant Vogtle on the Savannah River, for which Georgia Power customers are already getting billed Construction Work in Progress (CWIP).

Thirty years later, some things haven’t changed: Continue reading →

A few questions I have… —Etta Mims

Received Monday. -jsq
John –

You have my permission to post this – these are the questions I have regarding the private prisons:

I believe research is one of my best friends! Thank you Wikipedia and Google!

I researched private prisons over the weekend, and here are some of my questions and “aha” statements:

  1. Please note: these Private Prisons are also called “For Profit Prison” – that right there should cause fear and trembling.
  2. If we as tax payers are funding these “Private/For Profit Prisons” are we allowed a percentage of the profits?
  3. “Private/For Profit Prisons” typically enter into contractual agreements with governments – again – fear and trembling.
  4. Why build a private prison? Why not add on to the current prison located to the west of I-75?
  5. If you look online, there are many Private/For Profit Prisons closing due to the recession:
  6. There are inadequately staffed Private/For Profit Prisons http://www.ccpoa.org/news/tags/tag/private+prisons This will lead to an increase in prisoners escaping.
  7. Prison employees typically live outside the county they work in, so how will this help our local economy?
I haven’t completed my research. I will continue to look into these questions and “ahas” until I understand the pros and cons completely.

Until then — I think March 13 is the deadline? Scary.

Why private prison employees might not want to work too close to home —Barbara Stratton

Received yesterday on Video: Drive Away CCA radio. -jsq
Great interview John. The comment about employees not wanting to work at a facility in the same county they live in was an interesting thought relative to the proposed local employment benefits. When I worked for CCA in the inmate Mental Health unit at the Valdosta Correctional Institute we were always warned that keeping pictures of our families or anything personal on our desks was possibly dangerous and therefore not recommended. I loved my job there because being inside the prison meant we had to form close working relationships with each other and I love teamwork on the job and it was never boring. We had almost constant training hours warning us about the dangers of being in close contact with inmates and all the rules about interacting. Forheight=”1 instance we had one inmate who was a brilliant artist. He like to gift us with his artwork, which we were allowed to accept as a non-personal gift to be placed on the office walls. He was a very well behaved prisoner especially to females, but his beautiful artwork always consisted of some form of predator watching prey such as a cat watching a bird. We loved the artwork, but took note of the inuendos.

Prisoners were always given strict instructions that

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Faith groups urge state governors not to sell prisons to CCA

From Quakers to Catholics,
“Our organizations advocate for a criminal justice system that brings healing for victims of crime, restoration for those who commit crimes, and to maintain public safety.”
religious groups oppose privatization of prisons. Here is the text of a letter many of them sent to all 50 state governors, joining the ACLU in opposing CCA’s recent offer to 48 states to buy their prisons.

You can help drive away CCA, 5PM this Tuesday, March 6th. Or sign the petition to the Industrial Authority to reject the private prison in Lowndes County, Georgia.

-jsq

March 1, 2012

Dear Governor:

We the undersigned faith organizations represent different traditions from across the religious and political spectrum. Our organizations advocate for a criminal justice system that brings healing for victims of crime, restoration for those who commit crimes, and to maintain public safety.

We write in reference to a letter you recently received from Harley Lappin, Chief Corrections Officer at Corrections Corporation of America (CCA), announcing the Corrections Investment Initiative – the corporation’s plan to spend up to $250 million buying prisons from state, local, and federal government entities, and then managing the facilities. The letter from Mr. Lappin states that CCA is only interested in buying prisons if the state selling the prison agrees to pay CCA to operate the prison for 20 years — at minimum. Mr. Lappin further notes that any prison to be sold must have at least 1,000 beds, and that the state must agree to keep the prison at least 90% full during the length of the contract.

The undersigned faith organizations urge you to decline this dangerous and costly invitation. CCA’s initiative would be costly

Continue reading →