The arc of justice is long

Dean Alford

Earlier this afternoon the Atlanta Journal Constitution sent out a news alert concerning the resignation of Dean Alford, a member of the Georgia University System’s  Board of Regents. Alford was recently reappointed to the Board by Governor Brian Kemp.

The newspaper details that the Georgia  Attorney General and the Georgia Bureau of Investigation issued arrest warrants for Alford for creating a fraudulent invoice submitted to the state, and for forging the signature of a university employee.

What did Alford do?

The paper’s coverage includes, “Alford is accused of creating a fraudulent invoice acknowledgement form, dated Sept. 24, to submit to a company called Versant, state officials said. The document is alleged to have falsely asserted that the University of Georgia would pay Versant $487,982.88 to satisfy a debt owed to Alford’s own company, Allied Energy Services, LLC, located in Rockdale County.”

That’s not the biggest amount of money, according to the AJC. The article continues with, “He’s also suspected of transmitting fraudulent documents to Versant to make the company believe he had legitimate purchase agreements and accounts receivable with various entities, state officials said. Alford was attempting to sell such accounts receivable to Versant in exchange for $1,798,327.06, investigators said. ”

Alford purchased Allied Energy Services for pennies on the dollar when a judge ordered Cobb Energy holdings, a private shareholding company spun off from the nonprofit Cobb EMC, to be dissolved. Alford’s “haul” at Cobb EMC, the electric membership co-op in the north Atlanta suburbs, was close to $18Million according to 2015 news coverage.

But there’s more. Much more.

Allied Energy Services was awarded a no-bid contract to develop Plant Washington, a $6Billion proposed coal plant that soaked up millions of dollars from EMCs in Georgia under the umbrella of Power for Georgians. The electric co-op in Washington County, Washington EMC, sunk $1Million of member-owner dollars into the boondoggle plant, slated to be built just miles from my home, and the homes of a small group of local citizens who became the Fall-Line Alliance for a Clean Environment (FACE). Alford never secured financing, power purchase agreements, or customers. FACE has never wavered in its grassroots committment to protecting our natural resources and the health of our families and friends.

January 25, 2012

The adventures of FACE, and those of others in Washington County, have been detailed on this blog since Plant Washington was proposed in January 2008. The saga involves seeing fellow citizens for who they truly are, or are not. FACE leaders earned the rights to our story through hard work and selfless determination.

I’ll close here by adding that FACE and our partners have waited years to throw the biggest celebration to ever happen in Washington County. We’ve got a party to plan and invitations to send to those who stood with us.

Another hurdle for “dormant” Plant Washington

The Carbon Pollution Standards for new power plants announced by the Environmental Protection Agency (EPA) on August 3rd confirm that Plant Washington will not get a “pass”, adding yet another hurdle to the development of one of the last proposed new coal plants in the country.

The new standards rely on partial capture and storage of carbon dioxide emissions. Plant Washington project spokesman Dean Alford has said that such a standard will result in cancellation of the coal-fired project because it was not designed to meet the standard. To avoid that outcome, the project developer, Power4Georgians, LLC (P4G) sought to convince EPA that the project had “commenced construction” when the standards for new sources were first proposed in January 2014.  Under such circumstances, Plant Washington would be considered an existing source exempt from the new standards

Dean Alford
Dean Alford

But as Alford and P4G are now finding, there’s a difference between saying something and proving it.

Almost two years ago, in the draft version of the standards, the EPA specifically addressed Plant Washington and another proposed coal-fired plant in Kansas. The agency took the developers at their word that the plants were under construction and therefore qualified as existing sources.  But EPA also said that if either plant failed to qualify as an existing source, and was therefore classified as a new source, the agency would consider granting special standards due to the unique circumstances that both already had their construction permits.  The idea was that these two sources, the last two coal plants still supposedly under development in the country, would get special treatment – perhaps a standard less stringent than that applied to other new sources.  Otherwise the two lingering plants might not get built despite their “sunk costs.”

But last week, in the final rule, EPA said it is “unaware of any physical construction that has taken place at the proposed Plant Washington site,” and noted that a recent audit of the project had described it as “dormant.” EPA said it appears that Plant Washington did not commence construction when the new source rule was proposed, and would therefore likely be considered a new source should it ever be constructed.
 

The EPA pointed out that in October 2014, P4G received an 18-month extension on Plant Washington’s air permit from the Georgia Environmental Protection Division. The EPA went on to say that the possibility of Plant Washington being built and operating is “too remote” to merit an exemption from the new carbon emission standards.

So Plant Washington is not an existing source.  But what kind of carbon standard will it get? Remember that EPA said it would give Plant Washington and the Kansas project their own new source carbon standards.  Well, on this point, EPA punted.  Why?  Because the agency views it as so unlikely that these projects will actually go forward that it doesn’t want to spend the time coming up with individualized standards.  In the agency’s words, “because these units may never actually be fully built and operated, we are not promulgating a standard of performance at this time because such action may prove to be unnecessary.”

Ouch. 

EPA puts the ball P4G’s court, telling the developer that it must formally request a determination of its status — new or existing —  before EPA can decide whether and what kind of standards should apply to its carbon emissions.

P4G has had the ability since January 2014 to seek this so-called “applicability determination,” which would clear up once and for all the question of its status under the new standards.  In fact, under Alford’s leadership, P4G sought such an “applicability determination” from the Georgia Environmental Protection Division, but later chose to withdraw that request before the state agency could respond. Rather than clarify the project’s status, Alford opted to pursue an 18-month extension of the construction deadline under Plant Washington’s state-issued air permit. Alford got the extension, but this did little to convince EPA of P4G’s claim that the project had commenced construction in January 2014.  Instead, EPA arrived at the opposite conclusion: that Plant Washington is going nowhere fast.

Thanks to EPD’s generosity, Plant Washington still has 8 months left on its deadline to construct under the air permit.  But the project’s water discharge permit, another critical piece of the project, expired in March of this year. P4G failed to timely file an application to renew the permit prior to its expiration, prompting EPD to fine P4G.  EPD gave P4G thirty days to cure the defect but P4G missed that deadline as well.    These are not the actions of a project developer intent on meeting its construction deadline. 

And here in Washington County, there are no signs the coal-fire project is going forward, even at a snail’s pace. No ground has been broken, no Power Purchase Agreements have been announced, and no financier willing to pour the necessary billions into the project has emerged.

The EPA was correct in its refusal to exempt Plant Washington from the new carbon emission
standards.  The plant is not needed and would be a major source of carbon emissions.

Over 8.5 years have passed since this boondoggle plant was first announced, and its future is not one bit brighter than it was on the cold, gray, January day when it was unveiled. If Mr. Alford returns for yet another permit extension next year, the state would be wise to tell him that the final buzzer has sounded and no more time can be added to the game clock

Um no, not really

This letter was submitted to newspapers sold in the Washington EMC area:

Um, no. Not really

There is a critical error of fact in a press release issued by Power 4 Georgians last week. The Environmental Protection Agency (EPA) has NOT stated that Plant Washington is exempt from any of the proposed carbon, or greenhouse gas (GHG) rules proposed by the agency, for existing or new power plants. In fact, it has become even clearer that, if built, Plant Washington will be subject to carbon pollution standards.  The only question is how protective those standards will be.

Plant Washington’s developer Power4Georgians has requested yet another extension from Georgia’s Environmental Protection Agency for his dinosaur-fuel based project. Southern Environmental Law Center attorney John Suttles commented that, “If Power 4 Georgians commenced construction a year ago like they said, they wouldn’t need additional permit extensions.”

Power4Georgians is choosing to delay construction.

With no announced Power Purchase Agreements or billions in required financing announced, of course the project requires extensions. If the project was fully funded and coal stacks of moneycustomers were waiting for power, wouldn’t the plant already be under construction?

The arguments against Plant Washington continue to grow larger and stronger with time. More energy producers are switching to renewable fuel sources due to reduced costs. Ratepayers are demanding more power produced by sunshine and wind. Major financiers have abandoned coal projects. A similarly speculative project, the Longview Power Plant in Maidsville, West Virginia, began operations in December 2011 and filed for bankruptcy less than two years later.  Meanwhile, ratepayers for power plants like the Prairie State Energy Campus have seen their monthly bills go up by as much as 51 percent due to the soaring costs of coal plants.

We’ve never needed Plant Washington in the first place. If you don’t believe me, drive out 300px-Solar_panelsto the 10 megawatt solar farm in Davisboro and see where Cobb EMC in Marietta is buying clean, affordable electricity generated right here in our own community.

Katherine Cummings
FACE Executive Director
Washington EMC owner/member

We own the screen rights to the movie

The story behind the long lingering proposed coal project Plant Washington reads much like a Southern Gothic novel. We’ve often been told that the work a handful of local citizens took up almost six years ago would make a great movie in the style of Erin Brockovich.

In an article published today by The New Republic, the plot line is laid out with layers of intrigue including family ties, political appointments, criminal charges, thousands of acres of land, money lost, and money to be made. I don’t think it spoils the end of this movie to say Plant Washington has been all about power, just not the kind that turns the lights on.

The best part of a film adaptation of our coal fighting adventures is that it allows for a generous cast of “seasoned” actors. I’m thinking Meryl Streep, Hal Holbrook, Sally Fields, Morgan Freeman, Ben Kingsley, Daniel Day-Lewis, Judi Dench, and Samuel L. Jackson would do us justice in a Robert Altman ensemble style film directed by Steven Spielberg. Pass the popcorn.