In this August - September Issue:
DEIS "Inadequate"
Calendar:
From the Chair…
Legislative Watchdog
John Berge Wins Environmental Award

Crandon Mine Update

Sierra Club Calls DEIS "Inadequate"
by John Berge

Attorney Dennis M. Grzezinski, in a submission to the Public Service Commission (PSC) on behalf of the Sierra Club's Southeast Gateway Group (SEGG), called the Draft Environmental Impact Statement (DEIS) prepared for the Power the Future II proposal from WE Energies "inadequate and should be redone and published for public comment before a final EIS is prepared."

The eleven page comment went on to state, "At the most fundamental level, the DEIS is inadequate because WE's application is deficient and fails to provide the data, information and analyses that are necessary to support what is legally required under the Wisconsin Environmental Policy Act (WEPA); a reasonably complete evaluation of the impacts of the proposed project on the environment, and of reasonable alternatives to the proposed project."

Grzezinski's comments were prepared for us after a long meeting with Nancy Hennessy and John Berge of the SEGG, Bill Moore and Ralph Nehrbass of the Great Waters Group and Eric Uram of the Sierra Club’s Midwest Office.

The DEIS fails to consider alternative sites, fails to consider alternative fuel sources, and explicitly acknowledges that consideration of a number of important subjects are being deferred to the FEIS, or to other proceedings, or are incomplete and will need to be supplemented. Among these latter items are the feasibility of moving the amount of soil required in the construction timeframe proposed and the impacts of soil excavation and hauling, leases for units subsequent to the first unit, a number of specific items that could impact WE's original cost estimate, air quality analysis and air modeling using actual stack heights, estimated hazardous air pollutants, effects of coal dust from such a huge coal pile, analysis of an integrated resource alternative, design of the offshore water intake structure and design of the water discharge structure.

The Sierra Club raised significant questions regarding the "once through" cooling system proposed by WE Energy which forms the rationale for their discarding any and all sites other than the Elm Road Generating Station (ERGS), which is their euphemism for expanding the Oak Creek site. "WE proposes to use once through cooling for the three new electric generating units, [which would amount to] approximately two billion gallons of water per day, every day, for the next 50 years. It can be expected that, as a result, the new generating units will kill tens of millions of aquatic organisms--including adult and juvenile fish, shellfish, larvae, eggs and other organisms annually." In the last 20 years, once through cooling has been virtually abandoned for new power plants by all other electricity generating companies.

The DEIS devotes over 40 pages to a discussion of the air emissions of the project, but basically uses only those numbers that WE Energy estimates, reflecting the utilities assertions, which may not be consistent with the Department of Natural Resources' estimates which are yet to be completed. Thus, there are no independent estimates with which to calculate the potential impacts on the public. Without this, there is no way that the EIS can satisfy the requirement to fully disclose the potential impacts to the human health, morbidity, mortality and environment. The DEIS is silent on the severe impacts of fine particles (less than 2.5 micrometers in diameter) for which National Ambient Air Quality Standards were set in 1997. "The DEIS analyzes only compliance with the 10 micrometer standard, which EPA concluded in 1997 was inadequate to protect human health."

The DEIS also discusses the differences in mercury removal efficiency between bituminous and sub-bituminous coals, but does not mention the fact that bituminous coal starts out with significantly more mercury than sub-bituminous coals. With Pennsylvania bituminous coal containing four times the mercury that Wyoming sub-bituminous coal, the higher efficiency still would leave us with more mercury going into our lakes, fish and people. This is not mentioned in the DEIS.

Others, such as Clean Wisconsin (formerly Wisconsin's Environmental Decade), the Citizens' Utility Board (C.U.B.), S. C. Johnson Wax, Alpine (an alternative independent supplier with several plants in Wisconsin), other electric utilities and many individuals have all submitted comments with similar and additional objections to the DEIS. It will be interesting to see whether the Public Service Commission will agree to a revised DEIS or will merely wait until the FEIS comes out this summer.

The Administrative Law Judge handling this case, David C. Whit comb, has revised the schedule of testimony and rebuttal as of June 13. The Interveners' responsive testimony was due Monday, July 7; PSC and DNR testimony is due on August 1, followed by various rebuttals and surrebuttals in August. Technical hearings are scheduled in Madison for August 25 through September 5 and Public hearings will be held at locations yet to be determined and are scheduled for September 8 to 10. The Squeeze final decision is scheduled by November 7.



Calendar:

August 7: Conservation Committee will meet at John Berge's house, 1529 Crabapple Drive, Racine at 7:00 p.m. Contact John at (262) 633-8455 for information.

August 14, 7:00 p.m.: Southeast Gateway Group Executive Committee Meeting at Messiah Lutheran Church located at 3015 Pritchard Drive in Racine. All members are welcome.

August 16, 2003 at 10:00 a.m.: Third Saturday Hike and Lunch at Bong Recreation Area. Meet at the trail head parking area. A State Park sticker or daily pass is required for admission to the park. Bring a picnic lunch for after the hike. Cold beverages will be provided. Contact Dana Huck at (262) 639-0465 for additional information.

September 1: Deadline for the October-November issue of the Southeast Sierran.

September 4: Conservation Committee will meet at John Berge's house, 1529 Crabapple Drive, Racine at 7:00 p.m. Contact John at (262) 633-8455 for information.

September 11, 7:00 p.m.: Southeast Gateway Group Executive Committee Meeting at Messiah Lutheran Church located at 3015 Pritchard Drive in Racine. All members are welcome.

September 18: Chip Brewer of RESET will speak on the proposed expansion of the Oak Creek power plant. We are meeting at 7:00 p.m. back at the North side Library in Kenosha at 1500 6th Avenue.

September 20, 10:00 a.m.: Third Saturday Hike and Lunch. Hike the Ice Age Trail between Highway 12 and Easterly Road in Walworth County. This trail is 2.7 miles round trip, BUT is considered difficult due to many steep hills, exposed rocks and roots. Meet at the gravel parking lot on the north side of Highway 12 where the Ice Age Trail crosses Hwy. 12, 3.4 miles east of Whitewater near Steno Road.



From the Chair…
by Dian Sorenson


As information comes to you to take action for or against an issue concerning our wilderness areas, wildlife habitat, forests, air or water quality, etc., please take time to write a letter to or call your United States senator or representative. If it is a state issue, contact or write to your state senator or representative. Your response makes a big difference to decisions that are being made. When budget cuts are made our environment suffers tremendously.

We need nominations for, or volunteers that would be interested in serving on our Executive Committee. It is a two-year term. Our Election Committee will soon be seeking out interested persons. It would be a chance to learn about our operations, as well as environmental issues that need immediate attention, as well as give you an opportunity to "make a difference".



Legislative Watchdog
by Jean McGraw


An environmental disaster threatens Racine County, namely the construction of three new coal-burning power plants in Oak Creek. People concerned for the environment want a natural gas power plant which is far more environmentally friendly. The Public Service Commission will make the decision in November. We don't get to vote. I hope every one of you Sierrans will do something to oppose coal plants--write or e-mail the Public Service Commission, the Governor, your legislators. Write a letter to the newspaper.

What’s so bad about burning coal? To start with, it emits hundreds of pounds of mercury per year. Tiny amounts of mercury in the mother's blood cause loss of IQ and other birth defects in the unborn and affect us all. Is this one reason why so many children don't succeed in school, and we have ever increasing numbers of special education students? Tiny amounts of mercury pollute whole lakes and streams and render all the fish in those waters unsafe to eat.We already have too much mercury in our water. Mercury should be totally banned like lead and asbestos, but government health authorities are dragging their feet.

Natural gas fired power plants emit NO mercury. Moreover, they emit far less sulfur dioxide, particulates, nitrogen oxides and carbon dioxide than coal plants.

In Racine County our air is already some of the most polluted in the United States.

Economic effects? Coal advocates say their plants would create many long term jobs and furnish cheaper power. Re jobs: Two large employers, Quad graphics and Harley Davidson, who originally wished to locate here, went elsewhere because of air pollution problems. What will happen to real estate values in Caledonia with three coal plants emitting so much pollution and many more trains carrying coal passing through the area? Would you buy a home there or locate a business?

Coal advocates protest they will clean up their emissions, but "clean coal" does not exist. Besides WE Energies has already been caught by the EPA for failing to make promised improvements. They were fined $6 million dollars (a cost which will be passed on to consumers).

Natural gas may or may not cost ratepayers more. There is no definite answer. The building of a natural gas plant would cost only one third the price of the coal plants, and that expense is passed on to consumers for the benefit of stockholders. The bottom line is stockholders make money at the price of the health of the people of our county.



John Berge Wins Environmental Award
by Melissa Warner


The Volunteer Center of Racine and WE Energies initiated a series of awards for various aspects of community involvement, including the environment. And the SEGG Conservation Committee decided to nominate John Berge, emphasizing his many years of service to both our local Southeast Gateway Group and the John Muir Chapter, citing his leadership on the Ashley Furniture case, the Mining Moratorium and the creation of the Hanat grants for local conservation projects.

The nomination mentioned his wide-ranging knowledge on issues, and his ability to clearly articulate the salient points in writing letters and commentaries and in testimony to governmental committees, from town boards to the state legislature.

Another facet of John's work is membership on the Racine Board of Public Health. He established Clean Air and Clean Water educational campaigns, and introduced what became the city's ban on mercury thermometers.

John has also been part of Sustainable Racine's visioning process, and is now working on environmental indicators to measure Racine's progress to sustainability.

While we may speculate as to the reason why the company chose to offer these awards while they are promoting their Power the Future with Coal agenda, nevertheless, they couldn't have chosen a worthier honoree, because of his dedication to Racine's environment for over twenty years. John has shared his knowledge, energy, enthusiasm and expertise with the community through his actions, ideas, and writings. Racine is a richer community because of his leadership and vision.



Crandon Mine Update
by John and Lila Berge, from the WSNetwork News


The Wisconsin Stewardship Network reports that "[a] coalition of twenty-four Wisconsin citizens, environmental and conservation organizations, and the Town of Nashville have filed a complaint and formal notification letter with the Wisconsin Department of Natural Resources (WDNR) over the DNR's failure to implement and enforce the state's metallic mining laws and regulations. The coalition filed a 30-day notice of intent to file a civil lawsuit against the DNR over its failure to develop administrative rules establishing minimum qualifications for mining permit applicants. The complaint and notification letter also alleges that the DNR has failed to determine whether the Nicolet Minerals Company (NMC) has complied with the Mining Moratorium law passed in 1998, with respect to its proposal to develop a metallic sulfide mine in the Wolf River watershed near Crandon, Wisconsin." The John Muir Chapter of the Sierra Club was one of the environmental organizations in this filing.

In April of 2003, the Nicolet Minerals Company sold their proposed mine near the headwaters of the Wolf River to Northern Wisconsin Resource Group (NWRG), the logging company owned by the Gordon R. Connor family. Connor was a previous owner of much of the proposed Crandon mine site and is now attempting to find an "experienced" mining company to become a partner in the project. Unable to convince another company to join it, Conner has asked the WDNR for an indefinite "stay" on the mining permit review process, apparently until he finds that experienced partner.

Glenn Stoddard of Garvey & Stoddard, S.C. of Madison, Wisconsin, the attorney for the coalition, was quoted as saying, "We expect the DNR to fulfill its duty under the law to establish minimum qualifications for companies that apply for mining permits in Wisconsin, including NMC and NWRG. Our complaint and notification to DNR has been triggered largely because the new owner of the proposed Crandon mine has stated publicly that it is unqualified to operate a mine and has been unable to attract a qualified mining company to join it as a partner. The fact that we have filed this complaint and notification letter with the DNR doesn't necessarily mean we will sue the state, because it gives the DNR the opportunity to address these important issues by doing its duty under the law to ensure that unqualified applicants cannot obtain mining permits. It also provides the DNR with the opportunity to properly implement the 1998 mining moratorium law, which has been largely ignored by the agency since it was enacted. But if the DNR does not act quickly to address these important concerns in a positive way during the next 30 days, we would then have the right to sue the DNR in state court over these issues."

The delay caused by that apparent inability to find a willing, experienced and qualified partner, gives the Wisconsin legislature time to enact a law outlawing the use of cyanide in mining and to require truly adequate and ironclad financial guarantees for mine closure and clean-up. People throughout Wisconsin should let their legislators know how they feel about these issues.

American taxpayers are already liable for up to twelve billion dollars in reclamation and clean-up costs of today's mines in the western states, where over 40% of the watershed headwaters are polluted by mining wastes. The mining industry is the nation’s top polluter. Some of these mines will require clean-ups lasting more than 100 years. The people of Montana recently passed a citizen's initiative against cyanide leach mining, aimed at plans to open a gold mine using this dangerous process located near the headwaters of the Blackfoot River, made famous in the novel "A River Runs Through It". Our Wolf River is just as beautiful and deserving of protection as the Blackfoot River.