NEVCO/Sevier Power cancels rip-cord request; Asks for delay to “analyze other issues”

NEVCO/Sevier Power has formally cancelled its request that Sevier County officials be forced to decide for-or-against their proposed coal-fired power plant on May 4, 2009.  A discussion and possible vote was scheduled for an upcoming county commission meeting on that date.  NEVCO/Sevier Power has now been removed from the calendar by county officials.

In an April 23 letter from one of several law firms representing NEVCO/Sevier Power,  Salt Lake attorney Brian Burnett wrote:

“The Sevier Power Company, LLC (“SPC”) hereby withdraws the “rip cord” letter… that it sent to the Sevier County Commission on November 20, 2008.  SPC will use this time to analyze other issues that are pending on the project including the challenge to SPC’s PUD Overlay Zone.”

In a conversation with Ideal Living, Burnett would not elaborate on what the pending “issues” were that NEVCO/Sevier Power was facing, other than noting a pending lawsuit which challenges the application for NEVCO’s PUD Overlay Zone as incomplete, among other charges.  For example, the application allegedly does not include blueprints for the proposed plant — which are said to be a prerequisite to bring any construction project before county officials.

A recent ombudsman decision asserted that Proposition 1, passed by Sevier County voters in last fall’s election, did not apply to NEVCO’s project because its application was complete and the project was then  immediately “vested.”

Some locals point to efforts by NEVCO/Sevier Power which appeared to suggest NEVCO officials were trying to distance themselves from the “rip cord” law’s deadline on a vote of final approval or rejection.  But some of the project’s supporters seemed to be excited by the prospect of a vote, and were said to be pressuring county officials to vote on May 4.

Yet there has been widely-discussed speculation that, as one local observer said, “If Sevier Power is going to force a vote [on their proposed coal-fired power plant by county commissioners], then the answer is going to be ‘no,’ and that will be the end of that.”

In response to the April 23 letter, Dick Cumiskey of Save Our Air & Resources said, “There are signs that Sevier Power is beginning to recognize the changing climate of regulation, but don’t know how to deal with it.”

Cumiskey noted that the EPA recently withdrew its own former approval for a coal-fired power plant — proposed for the four corners area, on tribal lands — because plans for the plant had not only failed to consider emerging “IGCC” technologies for carbon dioxide capture and sequestration underground, but also failed to consider capturing all of the coal plant’s air pollutants for underground sequestration.  

The EPA’s decision could impact two pending Utah Supreme Court cases brought against NEVCO’s application by Sevier Citizens for Clean Air and Water and the Utah Sierra Club last year, in which both parties argued that the Utah Division of AIr Quality had failed to follow federal laws requiring NEVCO to consider sequestering air pollution produced by their controversial project.  Should the Supreme Court support the EPA’s decision, it could mean the troubled NEVCO/Sevier Power project would either have to start the entire approval process over — or find another location entirely.

Below is a copy of the April 23 letter, as it was originally sent, with an incorrect date.  An otherwise identical letter was subsequently sent the following day.  Click the image below to see an enlarged version (click again to see the original size image).

Swine Flu Update from Central Utah Public Health Dept.

The Central Utah Public Health Department has issued the following statement about the Swine Flu:

April 27, 2009

Media Contact:

Lisa Taylor, MS

Public Information Officer

(435) 896-5451, ext. 341

News Release

Utah Public Health Officials on Lookout for Swine Flu

(Richfield, UT) – While no cases of swine influenza (H1N1) have been documented in Utah, public health officials are taking a proactive approach in order to be prepared for a possible outbreak. As of this morning, the US Centers for Disease Control and Prevention (CDC) is reporting 40 confirmed cases of swine flu in five states – California, Texas, Ohio, Kansas and New York. In addition, CDC along with the World Health Organization is assisting the Mexican government in tracking an outbreak caused by the same swine influenza virus.

The United States Department of Health and Human Services declared a Public Health Emergency yesterday as a consequence of the outbreak. The declaration will assist public health officials in responding to the situation.

As a precaution, the Utah Department of Health (UDOH) has initiated the process of ordering 25 percent of the state’s pro-rated share of anti-viral medications and other supplies from the Strategic National Stockpile. State and local health officials are coordinating their response with Gov. Jon Huntsman, the Utah Department of Public Safety, as well as other federal government partners.

“Even though we don’t have any cases in Utah, this is still a situation where we need to be on high alert, but not to panic,” said Utah Department of Health Executive Director Dr. David Sundwall. “The UDOH has increased its disease surveillance efforts and asks that all physicians be on the lookout for patients who may be exhibiting flu-like symptoms and report them to public health officials.”

Symptoms may include fever, body aches, runny nose, sore throat or cough; some patients may also have nausea, vomiting or diarrhea. The UDOH recommends people who have flu symptoms remain home and limit contact with others unless the severity of illness requires medical care. Physicians who see these patients should collect specimens, such as a nasal swab, and submit them for testing at the Utah Public Health Laboratory.

It’s also important for individuals to realize the swine flu virus is not transmitted by food and that you cannot get swine flu from eating pork products.

“We recognize that it is difficult to foresee the extent to which Swine Influenza A will affect our local communities,” said Lloyd Berentzen, Health Officer for the Bear River Health Department and President of the Utah Local Health Officers Association. “Because of this uncertainty it is important that we ramp up our awareness and preparedness practices. We will do all we can to protect our communities and empower individuals to know what they can do.”

Public health officials also stressed the importance of the public’s cooperation and participation in preventing an outbreak and offered the following tips:

• As is the case with any respiratory illness, people who are sick should stay home from work or school to avoid spreading their infection,

• Avoid close contact with people who are coughing or ill,

• Cover your cough with your shirt sleeve,

• If you are sick, avoid touching your eyes, nose and mouth if possible,

• Everyone should wash their hands frequently.

Central Utah Public Health Department (CUPHD) encourages everyone to follow these precautions, and to get their flu shot if they haven’t already done so. While the current flu shot will not provide protection against this strain of swine flu, it will provide protection against other influenza viruses and can aid in early detection. Flu shots are available at CUPHD at a reduced cost of $5.00.

The CDC has created a web site with more information on the swine flu, visit www.cdc.gov/swineflu for more information.

For more information, contact your local health department: Juab 623-0696, Piute 577-2521, East Millard 743-5723, West Millard 864-3612, North Sanpete 462-2449, South Sanpete 835-2231, Sevier 896-5451, and Wayne 836-1316.

Record-breaking water protests over proposed coal power plant

UPDATE: Audio of meeting now available.  A hearing was held recently for a record-breaking number of complaints over a water use change application filed by “TDA Foundation” (TDA Foundation is a subsidiary of NEVCO, or Nevada Coal Company, of which Sevier Power Company is believed to be a subsidiary). NEVCO representatives apologized for their incorrect application — in what they characterized as a “typographical error” — by suggesting in their application that the coal-fired power plant was actually a hydroelectric plant.

The “error” did not fool over 130 complainants who filed protests against the NEVCO application — ranging from local water companies, numerous farmers and ranchers, Venice and Sigurd residents, and other power companies — bringing state representatives down for the Richfield hearing which continued for several hours. NEVCO representatives Rod Clark, Bruce Taylor, and a civil engineer they had recently hired, faced complainants and state officials to claim they didn’t have any idea how much water their 8-year-old proposal for a coal-fired power plant would use, since there were two possible equipment manufacturers to choose from. They also stood before the public to claim that, although they did not have any financing for the project, they had talked to some bankers about it, and thought they would be able to work out financing for the half-billion dollar project at some point in the future. Such claims brought guffaws, jeers and outright laughter from the otherwise polite crowd, who in turn questioned NEVCO’s legal standing and motives as they were given opportunities to speak.

NEVCO claimed that since they would drill to the deepest layer of water in the valley, some 500 feet deep, that farmers and homeowners shouldn’t be effected by their on-going use of what some say could be hundreds of thousands of gallons of water each day.

A hydrologist, hired by various water companies, gave a detailed and technical description of how the three layers of water in the valley — surface, mid-level, and deep-level — combine on the eastern edge of the valley. Each layer, he explained, runs downward across the valley (to the northeast) and is eventually combined into one body as they come against a solid granite wall which runs the length of the valley from north to south.

Bottom-line: Using the most conservative figures possible — and completely ignoring large annual increases in water use during warmer months — the expert stated unequivocally that the NEVCO proposed power plant would lower water levels within one mile of the plant somewhere between 3-25 feet in the first year. It appears those figures could be cumulative each year, meaning that over the imagined 50-year life span of the plant, in the best-case scenario, the Valley’s water tables would be lowered somewhere between 150 and 1,250 feet. This projection does not include estimates of how they might be lowered further due to loss of seepage, as much of the water on farms sinks down to replenish the aquifer.

NEVCO representative Rod Clark’s response was as succinct as the hydrologist’s was detailed: “Bull crap.”

The two NEVCO officials appeared anxious and defensive throughout the hearing, never questioning the many statements made by the public to the effect that “no one wants you here,” saying their motives for attempting to move forward in the troubled project was because they “loved electricity.”

One property owner, who was present at the hearing, emailed afterward that given the content, information and tone of the hearing, “I think it would be suicide for Kent Jones and the Utah State Division of Water Rights to grant approval for the TDA Foundation well… And it was obvious at the meeting they do NOT have financing only talk of financing. They do NOT have the means to complete this project and the county needs to wake up to that.”

You may view portions of the hearing on an upcoming presentation on Local10, and complete audio (mp3 file) from the hearing will eventually be made available on the state’s web site here or you may listen (or save) the file directly by clicking here.

Sevier County: “Under Construction!”

As construction continues at the County Fairgrounds, the theme for this years’ county fair has been announced: “Under Construction.” The phrase seems appropriate for the entire county, as home and commercial construction projects seem to be ongoing everywhere you look. For example, just in Richfield alone:

– The beautification project on Main Street in Richfield continues, with electrical work on the new low-level lighting going on now, along with plumbing for the various planters, which will be located throughout the downtown area. Some businesses say business has slowed somewhat, yet others report their customers have remained committed to shopping with them, with no discernible drops. Yet, many feel the construction is likely to continue beyond its deadline, noting that businesses were told that limited parking along Main Street would be restored within two weeks, whereas today marks the twenty-first day of construction, and “No Parking” signs remain posted along the East side of the Main Street.

– A major new housing development is seeking approvals from local government agencies. The aptly-named “Ideal Acres” will be a large housing development built on the former cattle yard for the Ideal Dairy, which has been used to grow alfalfa for the past several years, in the northeast corner of Richfield. A number of floor plans will be available for the development, which builder Tom Bogh of QHB (www.qhbuilders.com) will construct, similar to the upscale homes located across 500 East from the new development. Given the size of the property, it may eventually be the county’s largest housing development. While the national realty markets crumble, housing prices in the area have only slipped slightly from their highs over the past few years. With the local real estate market appearing to be picking up its pace this spring, at least one realty agency appears to be raising their home listing prices.

– Two new Mexican restaurants are said to be underway in Richfield. First, there are rumors that as construction finishes up on the new Autozone and Aaron Rents on Main Street, that an upscale Mexican food chain will be joining the development. Meanwhile, owners of the popular Los Amigos Mexican Restaurant in Ephraim have said they plan to open over the next few weeks at their 300 North location in Richfield. The owners are finishing up construction on converting the former gas station into a new restaurant facility, which will offer hearty New Mexico-style fare with lots of cheddar cheese and savory sauces. Construction on the restaurant was abruptly delayed over the past year, when the family’s patriarch suffered some medical problems.

– The new hotel at the north end of Richfield appears to be nearing completion, with a new, large sign on the side of the building, touting the Holiday Inn Express, which will be easily seen by south-bound travelers on I-70. The new hotel features horizontal striping in the stucco which some say mimics the red rock hills to the west of Richfield. Other commercial properties along I-70 are now up for sale.

– Even the Richfield McDonalds’ front counter is being remodeled to accommodate new Starbucks-type coffee offerings from the chain. Their deluxe coffee offerings have met criticism from marketing experts in the national media, and are likely to find competition with the three new coffee shops which have opened during the past year along Main Street. Yet, McDonalds still claims its title as the largest toy distributor in the world — from all the toys inside their Happy Meals.

Ombudsman weighs in non-binding opinion on coal-plant application; County Officials, NEVCO said to seek overturn of voter-approved Proposition 1

Stephen K. Christensen — a private attorney hired by Sevier County and NEVCO to act as an ombudsman between themselves — has issued a non-binding opinion over the proposed coal-fired power plant’s permit. The attorney was to consider whether voter-approved Proposition 1 would apply to NEVCO’s application for a proposed coal-fired power plant — which has been defended by county officials over the past eight years — despite growing anger, protest, and increasing disillusionment among a growing majority of local citizens, who oppose the measure.

In an announcement notable primarily for its non-surprise, the County/NEVCO attorney said he thinks that once a planned unit development zoning change application was filed in 2007 — which is said to typically govern housing developments, not large industrial projects — it effectively ended any opportunities for others to legally question construction of the plant. The zoning change, which by law requires a conditional use permit since it is over 35 feet tall, was challenged by Proposition 1, which drew national attention to the David-and-Goliath struggle here in the heart of Utah. It is unclear if other parties who file for zoning change permits with the County, are also immediately “vested,” and thereby would enjoy the same sort of legal immunity from any challenges.

Yet the opinion, which could be ignored by the County if it so chose, was clear to note that the opinion would be irrelevant if pending legal challenges from Sevier Citizens for Clean Air and Water are successful. Several lawsuits have been filed against the State of Utah, in motions adverse to NEVCO, with a long-postponed court date in Sixth District Court in Richfield coming this summer — as well as in the Utah Supreme Court. The Supreme Court’s decision could be issued at any time, and is believed to have been delayed due to the complexity of a parallel case against the NEVCO project brought by the Utah Sierra Club.

Christensen seems to wash his hands of his opinion, should the courts find against the NEVCO project, writing in part: “How, if at all, the ordinance including the zone change established in June 2006 may be ultimately affected by the SCCAW lawsuit filed in July 2006, is not the subject of this opinion. As long as the SCCAW lawsuit is pending, the validity of the June 2006 zone change remains unresolved. Any action by SPC [Sevier Power Company, a.k.a., NEVCO, a.k.a., TDA Foundation] with regard to the approval process or actual construction shall be done at SPC’s risk, and remains subject to the final outcome of the lawsuit.”

Documentary features Utah concerns about proposed Sigurd coal-fired power plant

A group of highly-respected filmmakers recently visited Utah, including Sevier County.  Their filmmaking trip across the United States was to document grass-roots efforts which are increasingly successful at ending proposed coal-fired power plants.  Four brief documentaries have been posted online today, free to view on YouTube, at:

http://tinyurl.com/killingcoal

The Sevier County video — which includes several local residents as well as physicians from LDS Hospital, ski resort owners, University of Utah scientists, and others — is titled, “Utah Battles for Clean Power,” and includes the description, “In Sevier County, UT, citizens of this rural region are standing up to a proposed coal-fired power plant, planned for one of Utah’s most beautiful valleys.”  The video sends a clear message about state-wide economic problems that would
stem from a coal-fired plant being built in Sigurd.

As Tim Wagner, of the non-profit Resource Media, sums up in the film, “If you invest in this plant, it’s something you are going to regret. Now, why don’t we look at not only changing the discussion from how bad coal is, but [instead to] ‘what can we do in its place?’”