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

Sleeping with the Enemy

The Friday Photo
June 26, 2015

Not a photo this week, but a fond remembrance, in two parts, of a campaign where a picture and few words told the story (It won a national marketing award for “Best Villian.” I wish I could claim the idea as my own.)

Sleeping with the Enemy frontSleeping with the Enemy back

The rules of the game are changing

The Friday Photo
August 8, 2014 20140808-074453-27893384.jpg This looks like a lot meetings do, with PowerPoint presentations and charts that are hard to read from the back of the room. It was the first public meeting held by the Georgia Environmental Protection Division to discuss how Georgia will meet the EPA’s carbon pollution rule. Georgia’s Plant Scherer is the biggest carbon spewing coal plant in the country, so the task ahead of the state’s regulatory agency is steep. They didn’t seem very enthusiastic.

For those of us who have spent years advocating for reducing carbon pollution, yesterday was no ordinary meeting. The rules of the game are changing, literally.

Today’s EPA deadline

The Friday Photo
May 9, 2014

pine trees
mature pine trees in our front yard

I had other plans for The Friday Photo today but spent more time than I expected crafting my comments to the EPA about proposed carbon pollution rules for existing power plants and why Plant Washington isn’t an existing source of greenhouse gases. The deadline was today at 5:00 p.m.

My comments included this:

“On a sunshine soaked afternoon in September 2013 while Power4Georgians was announcing its intent to request permit extensions from the Georgia Environmental Protection Division, crews hired by the current land owners were preparing the proposed plant site for planting timber. Growing timber is an investment in time and money, as my family knows from timber management on our family farm. Growing trees requires patience as it takes several years before even a thinning of the growth is necessary, with significant harvesting sometimes requiring 20 years of patient waiting and watching.”

Just like growing timber, fighting Plant Washington has required time and patience, and some watching and waiting. The investment for those of us who steeled ourselves and stood up in our community has been worth the effort. We won’t have to wait decades for the return on our investment.

Is Washington County becoming a mecca for renewable energy?

Governor Deal has announced that General Biofuels will build a $60M facility in Washington County to manufacture wood pellets for fuel production in Europe. As European countries shutter both coal and nuclear and switch to renewable fuels sources, the demand of wood pellets continues to create business here in the United States. The plant will be located just blocks off Highway 15 on Waco Dr., and production is slated for early 2014 according to Deal’s office.

This plant will employ 35 people and also benefit other local businesses both during and after construction (i.e. work boots and clothing, meals out, all types of office and plant facility supplies, safety training). All of these jobs are the direct result of companies using renewable fuel sources.

Business will increase for Sandersville Railroad and Norfolk Southern as these two rail lines will move the pellets to the Port of Savannah for shipping overseas. What I have said  many times over bears repeating here: I am glad to see a business succeed, including the Tarbutton’s privately held railroad.  I can’t support Plant Washington because the project will harm the air, water, and health of local residents near the plant as well as downwind and downstream. Plant Washington is a good example of putting personal profits ahead of a community.

Charles Lee with the Chamber of Commerce and Industrial Development Authority told me he can’t provide information on public facility bonds or tax abatements as those details are still in negotiation. Regardless of the project, I urge the County Commissioners to carefully consider all projects involving taxpayer dollars.

Local citizens need to pay attention as well. The county can issue bonds through the Public Facilities Authority without any taxpayer input except comments that citizens may make at a county commission meeting. Voter approval is not required for issuing these types of bonds.

There is still a lot to learn about General Biofuels. At face value it is certainly a much more progressive and promising economic option for Washington County and our neighbors than coal, for which local leaders should be commended.

 

Flannery O’Connor could have written this

Today the team I play on stepped our game up to a higher level. We started together to stop Plant Washington, a coal plant supported locally by the Tarbuttons (Southerners know to how things happen in a “one family county.”). The more my friends and neighbors, along with our partners, learned about our respective electric co-op’s  governance and business relationships, the more tangled the story line became.

This story is set in a rural community blanketed with tall trees, a black water river, and, because it is the rural South, a swamp. Another chapter was published today, and this one has a picture that outlines the characters and the plot.

The plot picked up again this morning. Some of the characters left early on in the story. Others held on into the fourth year since the story outline was announced in Sandersville. One of the lead characters, Dwight Brown, awaits trial on 35 indictments which include racketeering, theft, making false statements, and witness intimidation. At least one forensic audit is in the near future which may reveal yet more intrigue.

The story isn’t over, but this much is certain: it hasn’t played out like the writers announced in late January 2008. Flannery O’Connor loved a good plot twist too.