From: Calvin Johnson caljohnson2006@yahoo.com
Date: January 3, 2007 4:41:01 PM MST
To: caljohnson2006@yahoo.com
Subject: Tuesday's Black Mesa EIS meeting

Black Mesa EIS meeting
one for the record

By Kathy Helms
Dine Bureau
Wednesday, January 3, 2007

WINDOW ROCK – To call Tuesday night's meeting on Peabody Western Coal Co.'s Black Mesa Project a public hearing, "is really inadequate," Navajo Nation Council Delegate Amos Johnson told federal officials.

But that wasn't the only complaint in an evening that didn't get off to a good start and broke up just short of descending into verbal chaos.

The Office of Surface Mining Reclamation and Enforcement's initial hearing on the Draft Environmental Impact Statement for the Black Mesa Project was set to begin at 6 p.m. at Navajo Nation Museum.

However, because Navajo Nation President Joe Shirley Jr. gave tribal employees the day off to mark the passing of former U.S. President Gerald Ford, the museum was closed.

And though it was a national day of mourning for federal employees as well, Calvin Johnson of C-aquifer for Dine said the last word his group had was that the OSM meeting would go forth as planned because it already had been advertised in the Federal Register.

At the last minute, Tuesday evening's meeting was moved to Day's Inn in St. Michael's and a person placed at the museum to advise of the change in location.

Johnson (Black Mesa/Forest Lake) was the only delegate out of 88 to attend, and afterward chastised OSM for the way it was conducted.

The audience was invited to watch a slide show recorded in the Navajo language about the proposed project described in the more than 700-page EIS, Afterward, those wishing to comment were asked to sit at a table sectioned off in a corner of the room and speak into a microphone while a court reporter recorded their comments for OSM's record.

"Just listening to a video and making our comments into a recorder is really not a public hearing," Johnson said. "I wish it would have been more formal.

"The video in Navajo, there were some words that were not properly translated and then they were being cut off right in the middle of some of the sentences. They were incomplete," he added.

Richard Holbrook, Southwest Branch chief for OSM, asked Johnson whether he noted those issues on his comment form. "We want to be sure that comments like these get into the record," he said.

"The purpose of the meeting is for us to gather your comments. The purpose of the meeting is not a forum for having a meeting for talking to the other people in the group. It's to talk to us, and that's why we set it up this way.

"We felt that a little less formal atmosphere might be more conducive to gathering comments from people," Holbrook said.

Andy Bessler of Sierra Club in Flagstaff asked the estimated 20 to 30 people in attendance, "How many people here would like to be able to address OSM formally?" He motioned for a show of hands.

Holbrook, his tone more firm, responded, "I would like for you ALL to address OSM formally, and that's why we have a court reporter who is transcribing comments.

A woman in the audience said her concern would be "the retranslation of what people actually said. It may not be the whole picture of what a person said. If it's in a public forum, then everybody hears."

Holbrook assured the audience their comments would be recorded verbatim.

Nicole Horseherder of To Nizhoni Ani asked Holbrook, "How many public hearings have you had like this?" Holbrook said OSM has not in the past used that particular format, but said it is now widely used by the Forest Service and is becoming a common format for the Bureau of Land Management.

Norman Brown of Dineh Bidziil Coalition tried to explain that something had been lost through the change in process.

"I guess from a cultural perspective, the life that we live, how we communicate and how we share as a community is being removed from how we conduct our business. I think that's what a lot of people are saying here tonight.

"By not allowing our cultural way of life on our land, it's difficult for some of us to understand why that cultural component is not there," Brown said.

Holbrook said OSM put the meeting format before both Navajo and Hopi tribal governments and solicited their comments and concerns. "They felt this was a perfectly acceptable way to conduct these meetings," he said.

Brown asked him, "Do you have the authority to change the format on how these meetings are for the next 10 days?"

Holbrook responded, "Yes, I do."

Brown countered. "Are you willing to ..." but was interrupted by Holbrook.

"No, I'm not. We're going to continue with the format that we have right now," he said.

Brown asked him, "Can you explain why we're not allowed to hear each other?" (when commenting)

Holbrook told him, "You have plenty of opportunities to discuss these things amongst yourselves in format. It's my understanding there was a meeting earlier today for that."

Brown said, "So, our cultural concerns as a community are really not important to ..."

"Of course they are! But not in the context of this meeting," Holbrook said, once again cutting Brown off in mid sentence.

Fern Benally of Black Mesa told Holbrook, "It seems like based on the presentation and all these posters here, that you've already decided what you're going to do, and you're not going to listen to us at all. It makes me mad."

Holbrook told her no decision has been made, however, Benally continued. "You've exploited us since the beginning and you're going to continue to do so,"

"I'm sorry you feel that way," Holbrook replied.

"I do feel that way!" Benally said. "And that really pisses me off, because you've been like that with the (public scoping) hearing a couple years ago, and you continue to have that attitude. I do not like it. It seems like you, by yourself, decided this whole thing is going to be the way you want it to."

Holbrook said the purpose of the meeting is to learn, "and yes, you're right. It is to our benefit to have these meetings the way they are because we need to get from you, your comments."

Benally disagreed. "You're just trying to have these meetings to make you look good, that's all you're doing it for."

Dineh Bidziil's Brown asked John Stucker, a non-Navajo tribal employee, "Do you agree with this format? Do you agree it's healthy for our people? Do we have a point here or not?"

But Holbrook interrupted, drowning out Brown and Stucker. "We have answered that question and we appreciate your comment."

Brown said, "No, I'm talking to him." (Stucker)

"I know you're talking to him, and I'm answering your question!" Holbrook said. "I think you ought to take your comment and get it onto the record. The purpose of this meeting is not to carry on a dialogue about the merits of this project or the merits of the way we are conducting this meeting.

"We know you are distressed -- you in particular -- and others here, with the format of the meeting," Holbrook said to Brown. "We are aware of that. Thank you very much for making those comments."

Brown tried to interject, however, Holbrook's voice was louder. "There is no purpose to carry on this dialogue," he said.

Calvin Johnson
PO Box 5527
Leupp, AZ 86035

FINAL CLOSURE OF MOHAVE GENERATING STATION SIGNALS END OF ERA FOR THE WEST’S DIRTIEST POWER PLANT AND SIGNALS NEW ERA OF CLEAN ENERGY FOR NAVAJO AND HOPI PEOPLE

With the announcement from Mohave’s operator that they will no longer work to re-open the 1500 megawatt coal-fired plant, the Just Transition Plan now stands as the most viable solution for tribal economic development

  FLAGSTAFF, AZ – Just Transition Coalition members expressed hope for a renewable energy future today following the announcement by Southern California Edison (Edison) that the utility will no longer work to re-open the Mohave Generating Station that shut down on December 31, 2005.

The permanent closure of the Mohave power plant in Laughlin, NV signals an end of an era and a possible new beginning, coalition members said.

The plant has been closed because neither coal or water contracts were in place to continue, and the owners chose not to make the agreed upon investments in pollution control with those uncertainties.  This announcement means that the Mohave owners, primarily Edison, will no longer maintain this coal burning power plant on stand by status to reopen in the future.

Other owners of the plant are Salt River Project, Los Angeles Department of Water and Power, and Sierra Pacific’s Nevada Power.

The Just Transition Plan is a proposal from several citizen groups to encourage development of renewable energy, such as wind and solar projects, on the Navajo and Hopi reservations in northern Arizona as a long term solution to the pollution and groundwater pumping needed to run the Mohave power plant. Funding for these new energy projects is proposed to come from the windfall profits made by the Mohave owners from the sale of federal pollution credits not used for offsetting sulfur dioxide emissions from the Mohave plant.

Enei Begaye, member of the Just Transition Coalition, said “A permanent closure of the Mohave plant presents a great opportunity for both the Navajo and Hopi tribes to redirect tribal funds from negotiations with Edison into rebuilding. The Just Transition proposal is a way to bring the Navajo and Hopi people a long term sustainable and healthy economy.”

“The Mohave plant represents the past, but renewable energy proposed through the Just Transition Plan represents the future for cleaner energy for California and long term jobs for the Navajo and Hopi people,” said Wahleah Johns of the Black Mesa Water Coalition, another coalition partner.

  In May, 2006, utility regulators in California approved part of the Just Transition Plan that forced SCE to set aside tens of millions of dollars from their sale of sulfur dioxide allowances through a federal pollution trading program. With this latest announcement, the Just Transition Plan becomes the most viable plan for economic development from Mohave’s closure, according to the coalition.

“Now is the time for our tribal leaders to join the people in building a new and clean start,” said Enei Begaye of the Black Mesa Water Coalition.

“Mohave’s closure is hopefully a turning point for our energy dependence on coal to a just transition towards cleaner wind and solar,” said Andy Bessler, Southwest Representative for the Sierra Club. “It also helps us deal with global warming since coal-fired power plants are the leading source of climate warming carbon dioxide gas pollution.”

CLICK ON PHOTO TO ENLARGE
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For Immediate Release:
January 11, 2006

Contact: Information for the Just Transition Coalition:

TRIBAL, CONSERVATION GROUPS SEEK 'JUST TRANSITION'
AFTER MOHAVE POWER PLANT CLOSURE

For a copy of the motion and a photo of the tribal and conservation leaders at the California Public Utilities Commission, contact Eric Antebi
415-977-5747 or eric.antebi@sierraclub.org.

Groups want closure proceeds invested in renewable energy

By TERENCE CHEA
Associated Press Writer
01/12/2006

http://www.latimes.com/business/la-fi-mohave12jan12,1,128726.story
From the Los Angeles Times

Indians Seek Funds From Edison

A coalition that includes Arizona Navajo and Hopi members seeks up to $40 million a year in compensation after the closing of a power plant.

By Marc Lifsher
Times Staff Writer

January 12, 2006

Members of two Arizona Indian tribes asked regulators Wednesday to order Southern California Edison Co. to pay them as much as $40 million a year to make up for job losses and other economic fallout from the shutdown of the massive Mohave power plant on Dec. 31.

A coalition that includes Navajo and Hopi Indians as well as environmental groups said the money also would compensate tribal members for "a long history of sacrifices" made on behalf of Edison customers who benefited from cheap power from the Mohave plant since it opened in 1971.

The plant in Laughlin Nev., generated electricity for the Los Angeles Basin using coal dug from the Black Mesa mine on tribal lands in northeast Arizona. Losing its sole customer curtailed production and forced layoffs at Black Mesa, costing the Indians 200 high-paying jobs and $20 million in annual mining royalties.

The Mohave plant, one of the biggest sources of sulfur dioxide pollution in the West, was closed after Edison failed to meet a deadline for installing expensive pollution-control equipment as required in the 1999 settlement of an environmental lawsuit.

In a motion filed Wednesday, the coalition asked the California Public Utilities Commission to order Edison to give the Indians money the utility is expected to earn by selling pollution credits created by mothballing the 1,585-megawatt power plant. Edison, which operated the plant and is its majority owner, relied on Mohave for 7% of its electricity.

The request for financial restitution, which has not been endorsed by the two tribal governments, is legally unprecedented, some energy experts said.

"They are plowing new ground, and it's going to be a tough argument to make," said Michael Shames, a veteran advocate for energy users with the Utility Consumers' Action Network.

Edison, a unit of Rosemead-based Edison International, declined to comment on the Indians' motion, saying it needed to review the document.

Meanwhile, the utility and Peabody Energy, the world's largest coal-mining company and operator of the Black Mesa mine, continue to negotiate with the two tribes' governments over contracts for coal and water supplies needed to possibly reopen the Mohave plant.

It's unclear how many Hopi and Navajo are actually active in the newly formed Just Transition Coalition, which also includes the Grand Canyon Trust and the Sierra Club among its members.

Beth Sutton, a spokeswoman for Peabody Energy, described the coalition as "a few vocal extremists" and said its PUC motion was "yet another red herring to divert attention from real solutions to minimize Mohave's shutdown."

The coalition wants the PUC to track Edison's sales of pollution credits and to make the funds available to the tribes for job creation and economic development, including solar and wind energy projects.

Under the federal Clean Air Act, owners of older power plants receive credits that allow them to continue operating without being fined for emitting excessive amounts of sulfur dioxide. Those credits can be sold to other polluters if the original owner reduces or eliminates its smokestack emissions.

The credits are traded on the open market and currently sell for about $1,300 per ton of sulfur dioxide. Mohave annually poured about 53,000 tons a year into the atmosphere and potentially could earn $65 million a year for its owners.

In addition to Edison's 56% stake, the Los Angeles Department of Water and Power and two Arizona utilities hold minority shares in the plant.

"It's wrong to allow [Edison] to reap hundreds of millions of dollars in new, unearned revenues from the sale of sulfur allowances," said Leonard Selestewa, a Hopi with a group called the Black Mesa Trust. "Millions of people have benefited from Mohave; now it's our turn."

PUC President Michael Peevey, who met with Selestewa and other coalition members, said he was sympathetic with the tribes' grievances.

"We've never been confronted with anything like this," he said.

Pollution credits collected by a utility typically belong to ratepayers, Peevey noted, and the commission will need to examine whether it's legal for revenue from the sale of those credits to be shared with outside groups.

The PUC also must consider the Indians' claims that they suffered financial hardships because of unfair contracts with Peabody and Edison, and weigh those against the benefits they received from royalty payments and job creation, Peevey said.

The Indians have as much claim to the revenue from Mohave emission credits as Edison ratepayers, and economic restitution would be "appropriate and just," said Sara Steck Myers, attorney for the Just Transition Coalition.

"There's been a contribution made by the Navajo and the Hopi nations to the welfare and benefit of California ratepayers as well as to Edison," itself," she said.

Restitution payments to the Indians could pay off for California electricity consumers if they are invested in alternative energy projects that send power back to Los Angeles, said Roger Clark of the Grand Canyon Trust in Flagstaff, Ariz. The trust brought the original lawsuit against the Mohave plant, contending that its pollution was obscuring views of the renowned national park.

Development of alternative energy projects also would provide needed local power and jobs for the 8,000 Hopi and 250,000 Navajo tribal members, who suffer unemployment rates of close to 50%, Indian coalition members said.

Past royalty payments have not been "trickling down to the community level," said Marshall Johnson, a Navajo who lives near the Black Mesa mine.

The Indians make a strong argument for getting at least some financial support, said Matt Freedman, an analyst with the Consumer Reform Network, a ratepayer advocacy organization that regularly appears before the PUC.

"I think there's an obligation to provide a transition plan for the Hopi and Navajo people to help them move away from a reliance on dirty coal," Freedman said.