NJ Ratepayer Advocate goes to court to block PSEG Nuclear’s $300M bailout

The amount of the surcharge, which PSEG helped determine, likely to be a linchpin in the proceedings

salem nuclear power plant

Tom Johnson reports for NJ Spotlight

As expected, Rate Counsel Stefanie Brand yesterday challenged the award of $300 million in ratepayer subsidies to keep PSEG Power’s three nuclear power plants open in South Jersey in a case filed with the New Jersey Appellate Division.

The subsidies, dubbed zero-emission certificates, were given to the plants last month by the state Board of Public Utilities, a decision that ignored the recommendations of Rate Counsel, the BPU’s own staff, and an outside consultant retained by the BPU. All three concluded the plants failed to meet the financial threshold to qualify for the subsidy.

The debate over the nuclear bailout is one of the more contentious issues to come before the BPU in recent years. The scheme was opposed by some environmental groups and many business interests who argued it would drive up energy prices in a state already hit by high energy costs.

No danger of shutting down

In her filing, Rate Counsel argued the commissioners, in a 4-1 split vote, awarded the subsidies despite a six-month analysis that failed to demonstrate the plants were in danger of closing and were, in fact, profitable.

Besides deeming the award arbitrary and capricious, Brand contended the rate set in legislation establishing the ZEC program is not just and reasonable, a standard set for all rates set by the BPU.

Indeed, even a couple of BPU commissioners, in approving the subsidies in April, expressed misgivings about a provision in the legislation that required them to award the entire $300 million — even if all that was not needed to keep the plants open.

A spokesman for the BPU declined comment, saying the agency does not discuss pending litigation. BPU president Joseph Fiordaliso also declined comment, when asked by an assemblyman to explain why the board approved the subsidies during a budget hearing yesterday.

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Organic food waste program could return in Princeton

https://www.facebook.com/Solterra-Recycling-Solutions-1171917196222076/

Princeton officials are getting closer to hitting the “resume” button on the town’s organic food waste recycling program.

Lea Kahn reports for CentralJersey.com

Town officials hit the “pause” button in January after Solterra Recycling, Inc., which had the contract to haul the waste, doubled its price under a new contract.

Princeton officials also were unhappy about the sporadic pickup of the organic food waste.

At a community meeting last week, Princeton officials outlined several options under consideration that would lead to the reinstatement of the program – both short-term and long-term solutions.

Setting the tone for the April 29 meeting that drew about 100 residents, Princeton Mayor Liz Lempert assured them that Princeton Council is committed to the organic food waste recycling program. A decision on how it will be implemented will be reached by June or July.

While it has been a “really difficult time” for program participants, the good news is that the pause in service has opened up opportunities that could change how the program is handled and make it much better, Mayor Lempert said.

Robert Hough, the town’s director of Infrastructure and Operations, said the plan is for the town to collect the organic food waste. The town will buy a truck and make improvements at the Princeton Sewer Operating Committee site on River Road to accommodate the program.

“I am 99 percent sure that’s the way it is going to go,” Hough said.

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Hough said arrangements are being made to meet with the New Jersey Department of Environmental Protection to review the proposal. State officials seem to like it because it is food waste – not trash – that is being recycled.

But if the River Road site is not acceptable, the backup plan calls for hauling the organic food waste to Double Brook Farm in Hopewell Township, Hough said.

Matt Wasserman, president of Sustainable Princeton’s board of directors, outlined several options under consideration for handling the waste – from acquiring Metlife Stadium’s unused biodigester to a rocket composter, windrow composting at Double Brook Farm in cooperation with Cherry Valley Cooperative farm, and the bokashi fermentation method.

The Metlife biodigester is most attractive to the town because Metlife Stadium management would “gift” it to Princeton, Hough said.

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Governor signs Alabama abortion ban, which has galvanized support on both sides, setting up a lengthy fight

Mia Raven, founder POWER House, in Montgomery, Ala., on Tuesday. She and other abortion rights activists said the Alabama Senate’s approval of the nation’s most restrictive abortion ban has energized advocates, who are gearing up for a long fight. (Elijah Nouvelage/For The Washington Post)

BREAKING: Gov. Kay Ivey (R) has signed a law that bans almost all abortions in Alabama, with exceptions only in cases when a woman’s life is in danger.

Emily Wax-Thibodeaux, Chip Brownlee in Washington Post

MONTGOMERY, Ala. — As a crop duster with a banner saying “Abortion is okay,” hummed above the capitol, circling back and forth around the governor’s mansion, a group of women below let out a cheer.

“Just another day in Alabama,” said Mia Raven, director of People Organizing for Women’s Empowerment and Rights (POWER) House. “We knew this would pass and we got ready.”

Amanda Reyes, who works with an abortion fund, was wearing an “I’m on the pill” T-shirt, complete with instructions printed on the back detailing how to get a medical abortion. She also looked skyward: “Here it comes again! That’s just the coolest thing.”

Hours after the Alabama Senate voted late Tuesday to ban abortions in almost all circumstances — including in cases of rape and incest — women’s rights activists and pro-choice advocates said the decision to approve the nation’s strictest abortion measure has energized them. Knowing that the bill was designed to challenge Roe v. Wade, they are gearing up for the fight.

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Energy and Environment bills scheduled for action in Trenton Thursday (5/16) and Monday (5/20)

By Frank Brill
EnviroPolitics Editor

After weeks devoted to hearings on the 2019-2020 state budget, all committees of the New Jersey Legislature are back to work, as demonstrated by the following list of agriculture, energy and environment bills scheduled tomorrow and Monday.  

Bill:               A5160
Sponsors:    Houghtaling (D11); Dancer (R12)
Summary:   Directs to Department of Agriculture to establish a grant program for counties to study and develop methods of tick control; appropriates $1 million.
History:        03/11/2019—Introduced and referred to Assembly Agriculture and Natural Resources Committee.
Scheduled:  05/16/2019—Assembly Agriculture and Natural Resources Committee, 1:00p, 4th Floor, Committee Room 15, Annex.

Bill:               A5171
Sponsors:    Houghtaling (D11)
Summary:   Permits pet dogs in farmers markets under certain circumstances. 
History:        03/11/2019—Introduced and referred to Assembly Agriculture and Natural Resources Committee. 
Scheduled: 05/16/2019—Assembly Agriculture and Natural Resources Committee, 1:00p, 4th Floor, Committee Room 15, Annex.

Bill:               A834 
Sponsors:    Land (D1); Andrzejczak (D1); Bucco (R25); Milam (D1) 
Summary:   Provides free admission to State parks, forests, and beaches for certain veterans and military personnel. 
History:        01/09/2018—Introduced and referred to Assembly Military and Veterans’ Affairs Committee.
Scheduled:  05/16/2019—Assembly Military and Veterans Affairs Committee, 10:00a, 4th Floor, Committee Room 13, Annex.

Bill:               A3726 
Sponsors:    Gusciora (D15); Kennedy (D22); Calabrese (D36); Reynolds‑Jackson (D15) 
Summary:   Requires large food waste generators to separate and recycle food waste and amends the definition of “Class I renewable energy.” 
History:        03/26/2018—Introduced and referred to Assembly Science, Innovation and Technology Committee.
Scheduled:  05/16/2019—Assembly Science, Innovation and Technology Committee, 2:00p, 3rd Floor, Committee Room 9, Annex.
                     05/20/2019—Assembly Appropriations Committee, 1:00p, 4th Floor, Committee Room 11, Annex.

Bill:               A4535
Sponsors:    Zwicker (D16); DePhillips (R40); DeCroce (R26) +2
Summary:   Establishes the “Energy Infrastructure Public‑Private Partnership Act.”
History:        10/15/2018—Introduced and referred to Assembly Science, Innovation and Technology Committee. 
Scheduled: 05/16/2019—Assembly Science, Innovation and Technology Committee, 2:00p, 3rd Floor, Committee Room 9, Annex. 

Bill:               A4781 
Sponsors:    Johnson (D37); Conaway (D7); Zwicker (D16)
Summary:   Establishes NJ Fuel Cell Task Force to increase the use of fuel cells in State.
History:        12/06/2018—Introduced and referred to Assembly Science, Innovation and Technology Committee. 
Scheduled:  05/16/2019—Assembly Science, Innovation and Technology Committee, 2:00p, 3rd Floor, Committee Room 9, Annex.

Bill:               S2436
Sponsors:    Diegnan (D18); Greenstein (D14)
Summary:   Directs BPU to develop and implement an electric school bus pilot program.
History:        04/05/2018—Introduced and referred to the Senate Economic Growth Committee.
Scheduled:     05/16/2019—Senate Economic Growth Committee, 10:30a, 1st Floor, Committee Room 1, Annex 

Bill:               A3810 Aca (1R) 
Sponsors:    Andrzejczak (D1); Houghtaling (D11); Dancer (R12) +4
Summary:   Establishes “Value‑Added Dairy Farming Program” and associated revolving loan fund in EDA. 
History:        04/05/2018—Introduced and referred to Assembly Agriculture and Natural Resources Committee.
                     06/14/2018—Reported out of committee with committee amendments, 2nd reading in Assembly.
Scheduled:  05/20/2019—Assembly Appropriations Committee, 1:00p, 4th Floor, Committee Room 11, Annex.

Bill:               A4529 
Sponsors:    Mazzeo (D2); Armato (D2) +2 
Summary:   Concerns reimbursements to Superstorm Sandy‑impacted homeowners subjected to contractor fraud. 
History:        10/15/2018—Introduced and referred to Assembly Consumer Affairs.             12/03/2018—Reported out of committee, referred to Assembly Appropriations Committee.
Scheduled:  05/20/2019—Assembly Appropriations Committee, 1:00p, 4th Floor, Committee Room 11, Annex.

Bill:               A4772 Aca (1R) 
Sponsors:    Schaer (D36); Mukherji (D33); Vainieri Huttle (D37) +4 
Summary:   Requires public water systems to provide customers with certain information regarding lead in drinking water.
History:        12/06/2018—Introduced and referred to Assembly Environment and Solid Waste Committee. 
                    03/11/2019—Reported out of committee with committee amendments, referred to Assembly Appropriations Committee. 
Scheduled:  05/20/2019—Assembly Appropriations Committee, 1:00p, 4th Floor, Committee Room 11, Annex.

Bill:               A4821 
Sponsors:    Vainieri Huttle (D37); Pinkin (D18); Kennedy (D22) +
Summary:   Establishes new timeframes for implementation of certain requirements in “Global Warming Response Act”; requires DEP to adopt a strategy to reduce short‑lived climate pollutants. 
History:        12/17/2018—Introduced and referred to Assembly Environment and Solid Waste Committee.
01/24/2019—Reported out of committee, referred to Assembly Appropriations Committee. 
Scheduled:  05/20/2019—Assembly Appropriations Committee, 1:00p, 4th Floor, Committee Room 11, Annex.

Bill:               S2436
Sponsors:    Diegnan (D18); Greenstein (D14)
Summary:   Directs BPU to develop and implement electric school bus pilot program. 
History:        04/05/2018—Introduced and referred to Senate Economic Growth Committee. 
Scheduled:  05/16/2019—Senate Economic Growth Committee, 10:30a, 1st Floor, Committee Room 1, Annex.

Bill:               S2112 
Sponsors:    Cardinale (R39); Smith (D17) +5
Summary:   Allows cultivation of commercial shellfish species in certain coastal and inner harbor waters for research and educational purposes and repeals law that allows DEP to adopt certain regulations concerning such cultivation. 
History:        03/05/2018—Introduced and referred to Senate Environment and Energy Committee.
Scheduled:  05/16/2019—Senate Environment and Energy Committee, 10:00a, 1st Floor, Committee Room 6, Annex.

Bill:               S2958 
Sponsors:    Sarlo (D36); Oroho (R24) +1
Summary:   Establishes the “Energy Infrastructure Public‑Private Partnership Act.” 
History:        09/17/2018—Introduced and referred to Senate Environment and Energy Committee.
Scheduled:  05/16/2019—Senate Environment and Energy Committee, 10:00a, 1st Floor, Committee Room 6, Annex.

Bill:               S3215  
Sponsors:    Greenstein (D14); Singleton (D7) 
Summary:   Requires State to use 20‑year time horizon and most recent Intergovernmental Panel on Climate Change Assessment Report when calculating global warming potential to measure global warming impact of greenhouse gases.
History:        12/03/2018—Introduced and referred to Senate Environment and Energy Committee. 
Scheduled:  05/16/2019—Senate Environment and Energy Committee, 10:00a, 1st Floor, Committee Room 6, Annex.

Bill:               S3681 
Sponsors:    Smith (D17); Bateman (R16); Greenstein (D14)
Summary:   Requires, by the energy year 2050, all electric power sold in NJ by each electric power supplier and basic generation service provider to be from zero‑carbon sources. 
History:        05/13/2019—Introduced and referred to Senate Environment and Energy Committee. 
Scheduled: 05/16/2019—Senate Environment and Energy Committee, 10:00a, 1st Floor, Committee Room 6, Annex.

Bill:               SCR156
Sponsors:    Singleton (D7); Bateman (R16) +2 
Summary:   Strongly urges DEP to adopt standards for certain drinking water contaminants as recommended by the NJ Drinking Water Quality Institute. 
History:        02/21/2019—Introduced and referred to Senate Environment and Energy Committee.
Scheduled: 05/16/2019—Senate Environment and Energy Committee, 10:00a, 1st Floor, Committee Room 6, Annex. 

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PADEP rejects proposed Elcon chemical waste plant, citing deficiencies

The DEP issued a draft decision Wednesday to reject a controversial application to build a hazardous waste treatment facility near the Delaware River in Pennsylvania.

Kyle Bagenstose reports for the Doylestown Intelligencer

The Pennsylvania Department of Environmental Protection on Wednesday rejected a proposal to build a hazardous waste treatment center located across the Delaware River from Burlington County.

The decision appears to be a significant setback for Elcon Recycling Services LLC, which has been working for years to try and win approval for the controversial facility. According to the company, the facility would process between 150,000 and 210,000 tons of chemical and pharmaceutical waste each year, on a 23-acre plot of land in the Keystone Industrial Port Complex, formerly the footprint of U.S. Steel.

“After a rigorous review of the application, supplemental materials submitted by the company, and input from the public, DEP will not approve this application in its current form,” DEP Secretary Patrick McDonnell said in a prepared statement. “Unless the company can address these outstanding deficiencies, DEP will have no choice but to move forward with a full application denial.”

As alluded to by McDonnell, the decision is not a final blow. Virginia Cain, regional spokeswoman for the DEP, said the notice was only a “draft” decision that noted 18 deficiencies in Elcon’s application to treat hazardous waste. There will be a 45-day comment period from June 1 to July 15, at which time Elcon could potentially submit materials to correct the deficiencies.

“If Elcon doesn’t satisfy that, then we would move forward with the denial,” Cain said, adding that DEP could also choose to accept the changes and put forth a draft permit.

A DEP statement accompanying the draft denial lays out the deficiencies. Among the issues are Elcon’s final plans having a large footprint than was laid out in an initial site review, omissions of pertinent documents in its application, the proposed pathways for vehicles to navigate the property, and concerns over environmental monitoring.

Detailing one deficiency, the DEP said it wanted Elcon to conduct quarterly groundwater sampling, as opposed to Elcon’s proposal it only conduct such sampling in the event of a spill. Such monitoring would “provide the best assurance of the earliest detection of any releases from hazardous waste management units,” the DEP wrote.

The DEP also wants assurances that Elcon has identified appropriate hazardous waste landfills to dispose of solids left over after treatment, clarification on whether or not it would accept PCB-contaminated wastes, and a correction that estimates show the facility will hire 55 employees, not 120. DEP said Elcon estimated the higher number based on a theoretical future expansion.

Fred Stine, citizen action coordinator for the Bristol Borough-based nonprofit Delaware Riverkeeper Network, cheered the decision.

“The sun is out, both literally and figuratively,” Stine said. “I think it’s another nail in the coffin … but it’s not the final denial.

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How healthy is water at NJ surfing beaches after storms flush sewers?

Monmouth U. to study water pollution at surfing beaches

(From a Monmouth University press release)

Surfing at the Jersey Shore – Asbury Park Press photo

WEST LONG BRANCH, N.J. – Monmouth University scientists and students have begun a yearlong study on the linkage between rainfall and microbial pollution at surfing beaches in New Jersey including Asbury Park, Deal and Long Branch. The work will be conducted through a $30,000 contract with the Surfers’ Environmental Alliance [1] (SEA).

Microbial pollution, the contamination of water with pathogens that can make people sick, is a problem in densely populated coastal areas around the world. At some of Monmouth County’s most popular surfing beaches, municipal storm drains and outflow pipes discharge directly into the surf zone.

“We’ve heard stories from surfers about how the water sometimes smells and looks different at these beaches after heavy rainstorms,” said Endowed Associate Professor of Marine Science Jason Adolf of Monmouth University’s School of Science and Urban Coast Institute. “However, no data have been gathered to back up the anecdotal evidence about the magnitude of the problem.”

Monmouth University Specialist Professor Jeff Weisburg, the project co-lead, added that there is a significant gap in the state’s sampling program because it is primarily focused on the busiest bathing beaches in the summer tourism season.

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