Yesterday (June 16), the California Public Utilities Commission (CPUC) held an open meeting in Costa Mesa at which proponents and opponents of the San Onofre payment settlement could express their opinions.
At 4 p.m., San Diego lawyer Mike Aguirre was preparing for his presentation, for which he had been given a few minutes.
Aguirre is fighting the proposed settlement, which would force ratepayers to cough up $3.3 billion to pay for the closing of the San Onofre nuclear plant. Aguirre and many others argue that the closing of the plant was caused by management incompetence and corruption, and therefore shareholders, not ratepayers, should have to shoulder the cost.
Suddenly, two California Highway Patrol officers, under the direction of Karen Miller, the CPUC's advisor to participants in public meetings, descended on Aguirre, demanding that he hand them the box of papers he was carrying.
"They [CPUC officials] were terrified I was going to pass something out at the meeting," says Aguirre.
What did they think he would pass out to attendees? Aguirre believes it was information on the blowup of commission head Michael Peevey, who at a May 14 hearing on the $3.3 billion giveaway, shouted at Aguirre, "I'm not here to answer your goddamn question. Now shut up! Shut up!" A video of Peevey's blowup made the rounds on the web.
"In my 40 years of practice I have never heard of someone attempting to take a lawyer's work product away from him at a public meeting," says Aguirre. "This is something out of Nazi Germany."
Aguirre says he had no intention to pass out anything to the audience, but says he had a right to do so had he wanted to. Aguirre instructed the CHP officers of his constitutional rights and they backed off. He gave them nothing. He has filed a complaint with the California Victim Compensation and Government Claims Board.
In his complaint, Aguirre says that Miller and the police officers "interfered with my right to represent my client in the community meeting by attempting to take my attorney work product needed for my presentation at the meeting."
Aguirre says if he gets a payment, he will give it to a nonprofit.
Yesterday (June 16), the California Public Utilities Commission (CPUC) held an open meeting in Costa Mesa at which proponents and opponents of the San Onofre payment settlement could express their opinions.
At 4 p.m., San Diego lawyer Mike Aguirre was preparing for his presentation, for which he had been given a few minutes.
Aguirre is fighting the proposed settlement, which would force ratepayers to cough up $3.3 billion to pay for the closing of the San Onofre nuclear plant. Aguirre and many others argue that the closing of the plant was caused by management incompetence and corruption, and therefore shareholders, not ratepayers, should have to shoulder the cost.
Suddenly, two California Highway Patrol officers, under the direction of Karen Miller, the CPUC's advisor to participants in public meetings, descended on Aguirre, demanding that he hand them the box of papers he was carrying.
"They [CPUC officials] were terrified I was going to pass something out at the meeting," says Aguirre.
What did they think he would pass out to attendees? Aguirre believes it was information on the blowup of commission head Michael Peevey, who at a May 14 hearing on the $3.3 billion giveaway, shouted at Aguirre, "I'm not here to answer your goddamn question. Now shut up! Shut up!" A video of Peevey's blowup made the rounds on the web.
"In my 40 years of practice I have never heard of someone attempting to take a lawyer's work product away from him at a public meeting," says Aguirre. "This is something out of Nazi Germany."
Aguirre says he had no intention to pass out anything to the audience, but says he had a right to do so had he wanted to. Aguirre instructed the CHP officers of his constitutional rights and they backed off. He gave them nothing. He has filed a complaint with the California Victim Compensation and Government Claims Board.
In his complaint, Aguirre says that Miller and the police officers "interfered with my right to represent my client in the community meeting by attempting to take my attorney work product needed for my presentation at the meeting."
Aguirre says if he gets a payment, he will give it to a nonprofit.
Comments
The smartest thing Peevey could have done was to pretend the contentious words at the last meeting never happened. We must assume it was he, and not some other commission member, who called the cops. If Mike wanted something to show what a horse's axx that Peavey is, he could not have invented something better. Peevey is now his own worst enemy, and if the big news media pick up this story, he may be toast. This is not the sort of publicity that Brownie needs going into the November election, and he'll bail on anyone who is an embarrassment. But it shows that the commission members and especially Peevey are running scared. Scared of Mike Aguirre? Seems unlikely, but what other conclusion can you reach?
Visduh: Ratepayers in Orange and San Diego counties are justifiably peeved at Peevey, and people in San Bruno are even more outraged. Peevey obviously believes it is his mission to be sure California has the most lax utility regulation -- guaranteeing fat profits for the companies -- in the country. But the stated mission of the CPUC is to protect consumers from utilities -- not the other way around. Best, Don Bauder
seems the puc is like the human body, the a$$hole is still in charge.
Murphyjunk: Excellent. I wish I had thought of that. Best, Don Bauder
Dan Butler: Sadly, I fear you are right. Because the CPUC is bulldozing those who believe the utilities' managements should behave responsibly -- and be motivated by something other than greed -- the ratepayers will get screwed again. Edison and SDG&E have among the highest electricity rates in the nation, but will be able to jack up these rates more. (As I reported earlier, for many years SDG&E consistently had the highest rates in the nation, but recently stopped supplying the statistics to the Jacksonville utility that provides them.) Best, Don Bauder
Debra Kuzma: You can always send the story to Anderson Cooper. Best, Don Bauder
Don, the top two public enemies in California are Peevey who enabled the [email protected] gas explosion deaths and the SONGS radiation threat to public safety due to gross criminal negligence by the CPUC and SCE executives.
The other is Gov. Brown and his legislature for allowing Peevey et al. to continue to threaten us with public safety disasters, skyrocketing rates and failing grid reliability that enrich Peevey and his henchmen as documented most recently this morning in the L.A. Times "Not the same old grid."
Anon92107: I haven't seen the LA Times story today, but I will definitely look it up. Right now, I am frying other fish. But thanks for telling me about it. Best, Don Bauder
http://www.latimes.com/business/la-fi-microgrids-20140618-story.html#page=1
+
Elon Musk's SolarCity wants to build a gigawatt solar panel factory http://shar.es/PMKTW
Founder: As has been discussed several times on this blog, individuals are going off the grid. The utilities are fighting the best energy solution -- rooftop solar -- because they don't make enough money on it. Best, Don Bauder
Don Bauder, There was an interesting ruling by the CPUC, one that I am surprised you haven't written about, by the way, that actually was in favor of consumers and AGAINST the utilities. Yes, you read that right, the CPUC actually ruled against the utilities. About a year ago, SDG&E, SCE, and PG&E began charging an $800 interconnection application fee, as well as extra fees, to the tune of between $1000 and $3,500 for battery-solar grid interconnections. The fees were for extensive systems reviews for "for safety reasons, as well as to make sure that batteries don’t store grid power, then feed it back under the guise of green, net-metered power." This action pretty much brought Solar City's residential battery test, referred to here by Founder/CaptD http://www.sandiegoreader.com/news/2014/may/05/ticker-group-battles-aims-utility-giants/#c171599 , to a halt. These fees were challenged before the commission and in April, the commission issued a proposed decision doing away with these fees and charges. Then, on May 15th, the commission unanimously approved the decision that exempts many solar storage projects from fees and interconnection studies and ordered that the utilities not only stop charging them, but also refund any fees already collected. I know, it's hard to believe that the commission ruled against the utilities, unanimously no less, but they did. And as I said, I am somewhat surprised that you haven't made mention of it and especially surprised that Founder/CaptD hasn't commented on it. Even though I believe that neither of you currently rooftop solar participants, you are both proponents of it.
danfogel: Yes, I must have missed that one. Had I heard about it, I would have posted it. Best, Don Bauder
and both of them need to be tested for dementia .
Murphyjunk: It sounds like you are saying that CaptD and I should be tested for dementia. You're not the first to say that about me. Best, Don Bauder
Don - I believe MurphyJunk was taking about Peevey & Gov. Brown...
As for me, I forgetaboutit
correct, Don is still on top of his game
Murphyjunk: It depends what game you are talking about. I play an electronic game called "Words with Friends" with a number of people. I was on a big winning streak and last night missed an easy play that would have extended it. I lost by 3 points and could have won by about 10. I have been moaning ever since. Best, Don Bauder
don't try to over think it. ( the loss and trying to find an answer)
Murphyjunk: I was frying other fish at the time. Age is also a factor. Best, Don Bauder
Founder: You do not have to take the test.. Best, Don Bauder
That meeting was video taped and should be posted on the web soon.
Another thing that happened was that the UCAN spokesperson started his introduction by saying that he represented the ratepayers in San Diego and someone in the audience called out not any more, which I feel was justified because UCAN has done nothing lately except try and get money from the CPUC...
Now all of a sudden we have a UCAN spokesperson saying that "they" support the settlement, when in fact a surprising number of people from San Diego were at the meeting and spoke out against the settlement as premature, biased toward SCE and their minority owners SDG&E, which stand to make billions from it.
See comments here:
Do Corporate Contributions Unfairly Influence Energy Industry Rules? link text
and
A 'David vs. Goliath' tale of how a small environmental group helped close the San Onofre nuclear power plant link text
and
Who should pay for defective San Onofre generators? http://www.ocregister.com/articles/settlement-618465-utilities-customers.html
Thank you for your references and comments Founder.
It's time that we replaced UCAN and the U-T with the READER as our advocate and source of information.
We must wake up the public to the corruption and threats against our safety, economy and quality of life that are out of control and the READER has proven to be the best way to do that.
Anon92107: The U-T now gives space to San Diego Gas & Electric to trumpet its own views in so-called news stories. I don't know whether the utility pays for that space or not. Best, Don Bauder
Founder: Financially ailing Utility Consumers' Action Network (UCAN) clearly appears to be going back to its philosophy under former head Michael Shames: play ball with the CPUC and get fat intervenor fees. UCAN's head, Don Kelly, wrote an op-ed for the Union-Tribune favoring the so-called settlement that would force ratepayers to cough up $3.3 billion to pay for mistakes of utility management. Best, Don Bauder
Founder: I hope that meeting was videotaped and will go on the web. I hope the incident with Aguirre was taped, too. Best, Don Bauder
Don, the total corruption of UCAN, CPUC, both political parties in Sacramento et al. has now proven that this is the new age of the California Oligarchy and the end of democracy, but we guessed this was inevitable when the oligarchs took over total control of Congress and SCOTUS after having totally controlled the Bush Administration.
The READER is the last source of reliable information for San Diegans.
Anon92107: I agree with you. The Reader is the last and best source of reliable information for San Diegans. Best, Don Bauder
Yes, I agree 100%, it is also a shame that more of those living in San Diego are not interested enough to even become informed.
The modern version of "For want of a nail" is the Presidential election that was decided by the "hanging chad"...
Founder, one of the paramount facts of life that keeps far too many people confused is our institutions (political, corporate, religious, universities) protect their own survival as a much higher priority than the survival of the human race. Sophists confused the people of Greece into believing oligarchs so they could control the first democracies and nothing has changed, except we don't have to drink hemlock anymore if we keep asking embarrassing questions, we are simply marginalized so we can't inform anybody.
Anon92107: True -- much as the oligarchs would like us to drink hemlock. Best, Don Bauder
Founder: And as a result of that abominable "hanging chad" Supreme Court decision, the United States wasted trillions of dollars -- not to mention human lives -- on wars that are still draining us. Best, Don Bauder
Mariana Castro: In a way, in trying to give relief to utility ratepayers, Aguirre IS taking on the whole state of California. I applaud that. You don't. We can agree to disagree. Best, Don Bauder
Yes, the American Dream is now but a fond memory to all those of US that lived through the 50's and 60's as the USA we were forced to forget about the Biblical Golden Rule and adopt the New Age Golden Rule: Those with the Gold Make The Rules..
Founder: The price of gold is making a modest comeback after having been creamed. Best, Don Bauder
Here is an excellent Nuclear Industry Article (with charts) in which both SCE and MHI engineers brag about improving San Onofre's replacement Steam Generators using the NRC's 59.90 Like-For-Like or direct replacement procedure. This was published about 2 weeks before San Onofre's Unit 3 Replacement Steam Generator started leaking, in what some refer to as Nuclear Karma.:
Improving Like-For-Like RSGs
https://s3.amazonaws.com/s3.documentcloud.org/documents/347889/col-nrc-tech-paper.pdf
Founder: That article was prescient. Best, Don Bauder
One public statement made at the meeting that I agree with:
OPPOSITION TO SCE’S PROPOSED RATEPAYER SETTLEMENT AGREEMENT – RE: San Onofre Nuclear Generating Station Unit 2 & 3 Proposed Settlement COSTA MESA COMMUNITY CENTER – CPUC MEETING - 06/16/14
Despite any well meaning but ill-informed public comments urging acceptance of the premature proposed settlement, the CPUC cannot in good faith promote for any settlement of the ongoing San Onofre investigation until we both (the CPUC and the public) learn exactly what caused SCE's multi-billion dollar design debacle of the Replacement Steam Generator Project.
Once we discover what went wrong, we will then be able to assign responsibility and thereby determine who should pay for all the damages at San Onofre.
We do know that the Original Steam Generators lasted well over 25 years, and SCE promised us that their newly designed Replacement Steam Generators would last far longer than the Original Steam Generators and save us over a billion dollars*, yet SCE's highly touted improved in-house designed Replacement Steam Generators failed almost as soon as they were installed. In fact, both Unit 2's Replacement Steam Generators failed in less than 2 years and both Unit 3's Replacement Steam Generators failed in less than one year.
One thing that now perfectly clear is that southern California ratepayers who were forced by the CPUC to allow SCE to manage the San Onofre Replacement Steam Generator Project (RSGP) in a responsible and cost effective manner are in no way liable for the failure of the Replacement Steam Generators or the premature closure of San Onofre which was a direct result of the Replacement Steam Generator failures listed above…
Yet another key issue is the ”refund mechanism” which itself is not even clearly explained in the proposed settlement documentation. Any settlement needs to clearly inform ratepayers how much money they will receive and when!
Until all these vitally important details are worked out, no settlement can or even should be considered by the CPUC or the public they serve!
Examples Cont.
• Mitsubishi Heavy Industries, Ltd., manufacturer of these RSGs stated in December 2006, “There is no standard design for a replacement SG because the specifications and plant requirements vary among customers. By applying the following latest advanced technologies to all SGs, improvements were made which cope with all past problems such as tube corrosion, vibration and wear, fatigue, and water hammer, and products which satisfy customers' advanced demands for heat transfer capability and moisture content are being supplied. (1) Tube material of high nickel alloy TT690 with excellent corrosion resistance, (2) Outstanding tube support plate design, tube expansion technology in tube sheets, (3) Tube support structure at U-bends with high support function. The tube support structure at a U-bend is a unique design with reduced flow resistance increasing the number of support points. Together with excellent assembly technology during manufacturing, high reliability against vibration and wear of heat transfer tubes is achieved, and (4) MHI has developed a small, high-performance moisture separator by optimizing the geometry of the parts based on extensive field pressure tests. As a result, replacement SGs corresponding to power up-rating and/or advanced moisture requirements can be designed. Source: Mitsubishi Heavy Industries, Ltd., Technical Review Vol. 43 No. 4 (Dec. 2006). • Ei Kadokami, the deputy manager of Mitsubishi Heavy Industries in an article in the March-April 2009 Edition of the Nuclear Plant Journal explained some of the changes and expectations in MHI steam generators, “Tube P/D (pitch/outer diameter) is narrower than others so that the tube bundle and the Steam Generator itself are smaller, which is the first feature. The second feature MHI would like to emphasize is that MHI has not experienced any significant degradation in recent design. Alloy 690 is used for almost all steam generators and has high resistance against corrosion, but some steam generators fabricated by other manufacturers have wear caused by tube vibration in the U bend region. No tube wear has been experienced in recent MHI steam generators because not only AVB and TSP are designed to have enough margin against fretting wear but also the manufacturing procedure is appropriate to control gaps between the tube and AVB. Nuclear Plant Journal, Plant Maintenance & Plant Life Extension Issue, March-April 2009 volume 27 No. 2, ISSN: 0892-2055”
Founder: Sounds like Mitsubishi was convinced it had all the answers. Best, Don Bauder
Yet another Example;
• Boguslaw J. Olech CONTINUED The worst case forecast indicated that this plugging level could be reached by approximately 2012. All the considerations mentioned above prompted Edison to make a conservative decision to replace the SONGS OSGs in both Units prior to that date. The contract for design, fabrication and delivery of the RSGs was awarded to Mitsubishi Heavy Industries Ltd. (MHI). As specified, the RSGs were supposed to be a replacement in-kind for the OSGs in terms of form, fit and function. At the same time, however, the RSG specification included many new requirements derived from both industry and SONGS operating experience, and the requirement to use the best and most suitable materials of construction. These requirements were aimed at improving the RSG longevity, reliability, performance and maintainability. Also, the specification called for very tight fabrication tolerances of the components and sub-assemblies, especially the tubesheet and the tube U-bend support structure. In addition, SONGS steam generators are one of the largest in the industry, which called for innovative design solutions and improved fabrication processes when working on the RSGs. Conceivably, the MHI and Edison project teams faced many tough challenges throughout the entire project in the design, manufacturing and QC areas, when striving to meet the specification requirements. Both teams jointly tackled all these challenges in an effective and timely manner. At the end, MHI delivered the RSGs, which incorporated all the latest improvements found throughout the industry, as well as innovative solutions specific to the SONGS RSGs. In Unit 2, the RSGs were installed and tested in 2009/10 and in Unit 3 in 2010/11. The RSG post-installation test results met or exceeded the test acceptance criteria for all specified test parameters, thus properly rewarding the effort put into their fabrication.”
Founder: Hmm. So those tubes were vulnerable. Best, Don Bauder
Founder: Agreed. There can't be a vote on the San Onofre bailout until we know who was at fault. There is already plenty of evidence that Edison management was definitely at fault. Best, Don Bauder
Founder: Absolutely. An exhaustive study must be made before the blame can be assigned. But clearly, the CPUC wants to push through this settlement agreement that will force ratepayers to pick up $3.3 billion of the tab. Best, Don Bauder
PART 1 - MOST EFFICIENT 21ST CENTURY MACHINERY
Question 1: What did the designer (Edison) and manufacturer (MHI) proudly proclaim to the public about these “Innovative Replacement Steam Generators”?
Founder, great proof of gross criminal negligence by SCE executives who, along with the CPUC, totally ignored public safety so they could maximize their profits, and they are still a threat to everyone in Southern California.
Anon92107
The two most important questions are:
Why is nobody doing anything about it?
Why is Main Stream Media (MSM) not even discussing it?
Hint: The answer to both questions is the same:
Corruption at the highest levels is no longer NEWS worthy in todays Society because those that own MSM are part of the problem and do not want to be implicated.
Founder, I agree completely, and that's another reason why I want the READER to find a way to replace the U-T. Manchester and his board of sycophants are a threat to Democracy and our way of life in San Diego.
They have enabled SCE, PG&E and the CPUC to murder customers with gas pipelines and threaten us with nuclear contamination at San Onofre.
Tragically, Gov. Brown and his legislature are watching and doing nothing to protect Californians because of the power of money that corrupts them also.
Anon92107: The U-T wanted to buy the Reader a bit ago but was turned down. I doubt if the Reader has shown interest in purchasing the U-T. Best, Don Bauder
Founder: Mainstream media are getting lots of advertising from the utilities. Enough said. Best, Don Bauder
Anon92107: Some think a case can be made that Edison executives were criminally negligent. Best, Don Bauder
Founder: Those statements smack of smoking guns. Best, Don Bauder
Founder: Hmm again. Designed for 40 years, but they expected 60 years. Best, Don Bauder
AGUIRRE WILL FILE LIBEL CHARGES OVER CPUC RESPONSE. San Diego Attorney Mike Aguirre has added to his charges against the CPUC, and plans to sue for libel. As related above, at a public CPUC hearing in Costa Mesa, two state police officers demanded that Aguirre turn over his work product. He did not do so and filed a complaint with the California Victim Compensation and Government Claims Board.
In reporting the incident, the Union-Tribiune quoted a CPUC spokesperson saying Aguirre's "conduct was unprofessional and threatening toward our staff members who were simply trying to do their job and ensure that the rules for the meeting set in advance by the administrative law judge were followed."
Aguirre says that is untrue. He filed a second Victims Compensation complaint, saying the CPUC spokesperson "libeled me in ensuing press coverage." He plans to take the libel case to court. Best, Don Bauder
Don - When you get to see the video of the Costa Mesa CPUC Meeting and hear what Michael Aguirre said in his comments I bet you, like many in the audience, will also applaud his efforts in demanding justice for all ratepayers.
Founder: The videotape should make the case one way or another. Best, Don Bauder
Founder: Yes, both Edison and Mitsubishi said the new steam generators would be better and last longer than the previous ones -- indeed would last 40 to 60 years. They failed shortly. Best, Don Bauder
Letter written to Gov. Brown about San Onofre and those that run it written March 2013:
http://www.animatedsoftware.com/environm/onofre/2013/SONGS%20letter%20~%20Gov.%20Brown%202Rev%20A.pdf
Founder: That letter, written more than a year ago, sums up the situation nicely. But Gov. Brown is paying no attention. Best, Don Bauder
John Molina: Yes, Peevey is peeved because the deal he tried to push through in secret has been exposed. The question is whether ratepayers really care. Best, Don Bauder
Great Youtube of San Onofre CPUC Meeting about the SCE ratepayer ripoff going viral in CA and beyond…
https://mail.google.com/mail/ca/u/0/?ui=2&pli=1#inbox/146d17bb5d4a02c9?projector=1