Category Archives: California Public Utilities Commission

A looming disaster – Crude oil running on Butte County’s railways poses a threat to local, state watersheds

Repost from the Chico News & Review

A looming disaster – Crude oil running on Butte County’s railways poses a threat to local, state watersheds

By Dave Garcia, 03.10.16
DAVE GARCIA. The author, a longtime Oroville resident, is the spokesman for Frack-Free Butte County.

Scientists have found unprecedented levels of fish deformities in Canada’s Chaudière River following the Lac-Mégantic Bakken crude oil spill in 2013. This catastrophic train derailment, which killed 47 people and ravaged parts of the small town in Quebec, underscores the danger of spilled toxic crude oil getting into our waterways and affecting living organisms.

I find the Canadian government’s report very distressing—even for Butte County. That’s because, just last week, I observed a train of 97 railcars loaded with crude oil traveling through the Feather River Canyon and downtown Oroville.

The California Public Utilities Commission has designated this rail route as high risk because of its sharp curves and steep grade; it travels next to the Feather River, which feeds into Lake Oroville, an integral part of California’s domestic water supply.

If you think that railway shipping is safe, think back to 2014. That’s the year 14 railcars derailed, falling down into the canyon and spilling their loads of grain into the Feather River. The last thing we need, especially in a time of drought, is crude oil poisoning the water of our second-largest reservoir.

In 2010, it took over $1 billion to clean up the Kalamazoo River crude oil spill. But you can never really clean up a crude oil spill in pristine freshwater, as the deformed fish from the Chaudière River reveal.

Keeping crude-oil-carrying railcars on the state’s tracks is simply not worth it. Less than 1 percent of California’s imported oil is transported by railway. Californians receive little benefit, but bear the risks to their communities and watersheds from this practice.

Since Lac-Mégantic, there have been nine more crude oil derailments, explosions and spills into waterways. We need to learn a lesson from those catastrophes. We must convey to our politicians—local, state and federal—our priority of protecting our communities, fisheries and waterways. Let’s not let what happened in Quebec happen in Butte County.

PGE proposes to double fees for clean energy customers

Repost from the San Francisco Chronicle
[Editor:  The proposed increase is to be voted on at a Thursday, 12/17/15 meeting of the California Public Utilities Commission.  See agenda, p. 17 (Item #16, Adopting Pacific Gas and Electric Company’s 2016 Electric Procurement Cost Revenue Requirement Forecast.  The item in question is “$118.7 million for the Power Charge Indifference Amount.”  More background  and an ACTION letter opportunity at ActionNetwork.  More at Marin Independent Journal.  – RS]

High cost of breaking away

EDITORIAL – On Alternatives to PGE

The Pacific Gas and Electric Co., California’s largest utility and a longtime regulated monopoly, insists that its application to nearly double a fee for customers defecting to local clean power plans is simply a matter of market forces.

PG&E’s many critics think otherwise.

“There’s an urgency for PG&E to stifle competition,” said state Sen. Mark Leno, D-San Francisco. “They’re protecting a monopoly.”

The suspicions are understandable. PG&E has the legal right to charge the fee, known as a Power Charge Indifference Adjustment.

It has to do with PG&E’s obligation to provide power to everyone in its service area as the utility of last resort. Should any customer’s alternate energy provider go out of business, PG&E still has to be able to provide for those customers — hence a fee.

“We have to undertake long-term forecasts about serving those customers in the event of their other service provider going out of business,” said PG&E spokesperson Nicole Liebelt. “It’s about ensuring that those customers won’t be left stranded.”

Liebelt said that PG&E’s longterm contract costs for serving customers are higher than current market costs, and that’s why the fee had to rise.

“The formula for calculating the fee hasn’t changed,” Liebelt said. “It’s the inputs that change every year.”

But the fee has never been as high as it is this year — the cost for each residential customer would nearly double, from $6.70 to $13 per month. In San Francisco, the proposed fee for residents looking to move to CleanPower SF would skyrocket by 100.26 percent.

Meanwhile, there’s never been a greater danger of Bay Area customers stranding PG&E.

CleanPowerSF, San Francisco’s city-run green energy program, launches in the spring. Peninsula Clean Energy, a community choice renewable energy program for San Mateo County, is scheduled to launch in August 2016.

And Marin Clean Energy and Sonoma Clean Power aren’t going anywhere.

But the administrators of these programs have all cried foul, saying that the big fee hikes threaten their business models.

We urge the California Public Utilities Commission to consider these arguments very carefully before they vote on a rate increase as early as next week.

Leno has urged the CPUC to do a public review of its methodology for how the fee should be calculated before voting on any increase above 15 percent.

Considering the fact that the CPUC has historically been incredibly deferential to PG&E’s concerns, Leno’s idea is worth considering. Electricity customers deserve choices, and local clean energy programs deserve the opportunity to compete on a level playing field.

 

Vallejo Times-Herald: State officials say Benicia underestimated oil train risks

Repost from The Vallejo Times-Herald

State officials say Benicia underestimated oil train risks

Officials urge city to redo Valero refinery project safety analysis
By Tony Burchyns, 09/25/2014

State officials say Benicia has underestimated the risks of running oil trains through Roseville and other parts of Northern California to the Valero refinery.

In letter to the city last week, officials from the state Department of Fish and Wildlife’s Office of Spill Prevention and Response and the Public Utilities Commission called on the city to redo its safety analysis before allowing the refinery to receive two 50-car oil trains a day.

The letter follows similar critical comments from the Sacramento Area Council of Governments, the cities of Davis and Sacramento and the University of California at Davis. Environmental groups such as the Natural Resources Defense Council and San Francisco Baykeeper also have sent letters to Benicia expressing concerns about the project.

The state officials’ letter said that total potential derailments attributable to the plan, including those outside California, should be considered in the risk study. Officials also said that the city’s draft environmental impact report paid insufficient attention to train accidents other than derailments.

“The analyses of environmental impacts, including the risk and consequences of derailments, should not be limited to the section of track between Roseville and Benicia, and track at the refinery itself,” officials wrote. “The analyses should also cover the many miles of track, the distance of which will vary depending on entry point into the state, between the state border and Roseville.”

Valero’s project description identifies North America, Texas and other locations as possible sources of crude, but direct routes through Southern California and other areas of the state and country are not analyzed.

City officials have said their analysis was limited to the Union Pacific line between Benicia and Roseville because the other rail routes are unknown or haven’t been disclosed.

The letter also criticized the city’s finding that the risk of train spills of more than 100 gallons between Rosville to Benicia would be once in 111 years. Critics have said the analysis is flawed because it relies on rail safety data that predates the nation’s crude-by-rail boom.

The letter asserts that the city’s derailment and accident rate calculations are problematic and the legal enforceability of Valero’s commitment to use tank cars that meet that highest safety standards is unclear.

Benicia has declined to comment thus far on the numerous letters received during the report’s public comment period that ended Sept. 15. However, the city plans to respond to the comments before the project’s next public hearing, which has yet to be set.

Dangerous Oil-by-Rail Is Here, but Railroad Bridge Inspectors Are Not

Repost from ALLGOV.com

Dangerous Oil-by-Rail Is Here, but Railroad Bridge Inspectors Are Not

By Ken Broder, September 18, 2014

The California Public Utilities Commission (CPUC) estimates there are about 5,000 railroad bridges in California, but doesn’t really know for sure. They are privately owned and inspected and were off the public radar until oil companies started shipping dangerous crude by rail to California refineries in increasingly large quantities.

Governments are not ready to have volatile loads of cargo rolling through sensitive habitats across the state, much less through heavily-populated metropolitan areas. But help is on the way. In March, the CPUC requested funding (pdf) for seven inspectors to specifically handle oil-by-rail, and two of them would focus on bridges.

The Contra Costa Times reported last week that the two inspectors have not yet been hired, but when they are, they will be the only two inspectors checking out the bridges. They will be assisted in their task by the sole federal inspector assigned to the area―an area that includes 11 states.

One of their first jobs will be to find the bridges. There is no comprehensive list. Judging by some industry comments, there may be some reluctance on the part of rail owners to provide all the information the government might ask. Bridge consultant and former American Society of Civil Engineers President Andy Hermann told the Times that the companies kept bridge data secret for competitive reasons.

But not to worry. The owners already do a good job of maintaining the bridges because, in Hermann’s words, “There’s a very strong profit motive to keep the bridges open. Detours will cost them a fortune.” In other words, this would be a situation where a company does not make a risky decision based on short-term, bottom-line considerations that could adversely affect the well-being of people and the environment.

In a report (pdf) to lawmakers on rail safety last December, the CPUC called California’s rail bridges “a potential significant safety risk.” It said most of them “are old steel and timber structures, some over a hundred years old.” Big rail companies tout their safety programs but the report points out often these bridges are owned by small short line railroads “that may not be willing or able to acquire the amount of capital needed to repair or replace degrading bridges.”

That’s bad, but not AS bad when the rail shipments aren’t volatile oil fracked from North Dakota’s Bakken formation, loaded on old rail cars ill-equipped to handle their modern cargo. Federal regulations to upgrade the unsafe cars will probably take at least a few years to complete.

When safety advocates talk about the dangers of crude-by-rail, they invariably cite the derailment last July in Quebec that killed 47 people, burned down 50 buildings and unleashed a “river of burning oil” through sewers and basements. But the Times reached back to 1991 for arguably California’s worst train derailment, albeit sans crude oil.

A train in Dunsmuir, Siskiyou County, fell off a bridge and dumped 19,000 gallons of a concentrated herbicide into the Sacramento River. Fish and vegetation died 45 miles away. Some invertebrate species went extinct. Hundreds of people required medical treatment from exposure to the contamination.

Railroads are carrying 25 times more crude oil nationally than they were five years ago. Most oil in California is moved via pipeline or ship. In 2012, only 0.2% of the 598 million barrels of oil arrived by rail in California. But the California Energy Commission (CEC) has said it expects rail to account for a quarter of imports by 2016.

Earthjustice, an environmental advocacy group, does not want safety measures to amble down the track years after the crude roars through. Its lawyers joined with the Sierra Club and ForestEthics to file a lawsuit in federal court last week to force a U.S. Department of Transportation (DOT) response to a July legal petition seeking a ban on the type of rail cars that derailed and exploded in Quebec.

A week ago, a San Francisco County Superior Court judge told Earthjustice and other environmental groups they couldn’t sue to halt deliveries of crude oil to a rail terminal in Richmond because the deliveries had been legally permitted by the state―without public notification―and the 180-day deadline to appeal had quietly passed.