January 2009 Archives

Mark Brown to Resign as Vice Mayor

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Hot off the press (release):

Vice Mayor and 6th District City Councilman Mark Brown has accepted the position of Knox County Judicial Commissioner, which requires him to resign as Vice Mayor and his elected position on Knoxville City Council.
...

"I really appreciate the opportunity to serve the citizens of the 6th District and the City of Knoxville, " said Brown. "While I would have preferred to complete the remainder of my term, I am nonetheless proud of all the work that we have accomplished over the past seven years," he said.


IFC Working On Kingston Doc

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As we know, Secret City Film Festival founder Keith McDaniel has announced that he will be making a documentary on the Kingston Coal Ash Spill. But, I just received a call from a company working on a documentary on the spill for the venerable Independent Film Channel. Pretty neat, huh?

A Clear Illustration of This Country's Wacko Priorities

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As noted in the Columbia Journalism Review. Yesterday the New York Times had a health piece about how so-called "crack babies"--a phenomenon that was deemed a massive health crisis in the 1980s and used as a sympathetic pretext for flushing millions of dollars down the drug war toilet--are, well, not doing all that bad. 

Contrast that with this story, which appeared the same day in the Washington Post, about high lead levels in D.C. children. When high levels of lead were found in the city's drinking water in the early part of this decade, city health officials underplayed it, saying that "they found no measurable impact on the general public's health."

Yeah, there's no reason to invest in local and state infrastructure (except for prisons, of course). 

Find Out Just How Fat Your Fat Kids Are

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By going to next week's meeting of the Knox County School Health Advisory Council. Item one on the agenda: The Release of the results of the 2008 Knox County School Body Mass Index Screenings by the Knox County Health Department.

When: Wednesday, Feb. 4, at 1:30 p.m.

Where: Halls Middle School Library

Dear Coal-Burning Utilities in the South

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From the American Society of Civil Engineers' 2009 Report Card on American Infrastructure:

Solid Waste    C+

In 2007, the U.S. produced 254 million tons of solid waste. More than a third was recycled or recovered, representing a seven percent increase since 2000. Per capita generation of waste has remained relatively constant over the last 20 years. Despite those successes, the increasing volume of electronic waste and lack of uniform regulations for disposal creates the potential for high levels of hazardous materials and heavy metals in the nation's landfills, posing a significant threat to public safety.

Note: C+ was the highest grade received by any of the 15 categories. The worst three were Drinking Water, Levees, and Inland Waterways, all with a D-. The overall grade was a D. Ain't that America?

Updike Missed By Guy Who Wrote That Robin Williams Book

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John Irving on John Updike in Slate:
For a period of time--no longer--fans used to confuse the two of us. How could this have happened? Because we were both "John"? It was baffling, but I got numerous fan letters that were meant for him, and he got fan letters that were meant for me, and this gave us the occasion to write to each other--and send the misdirected fan mail to each other. This has stopped; it hasn't happened in five or six years. Maybe this was mail from a single demented village or the same deranged family; maybe it was generational, and they've died out--those idiots who thought I was John Updike and John Updike was me.

The letters would begin "Dear John Irving," and I would read for a while before I realized that the letter-writer was talking about an Updike novel; it was the same for him. I admit that I miss this craziness; it will probably never happen again.

Who Implicitly Called This One?

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Ulysses Jones moves to block hearing on ethics complaint.



By De-Excommunicating (Communicating? Recommunicating?) four bishops who stood against the modern reforms of the Second Vatican Council. OK, that doesn't sound so bad. After all, we already knew that Pope Benedict XVI was a supporter of ultra-conservative self-flagellants Opus Dei.

But, oops, one of the newly De-exed bishops is a Holocaust denier. 

From NPR
Just days before the pope revoked the excommunication of the four bishops, one of them, Richard Williamson, again denied the Holocaust.

"The historical evidence is hugely against 6 million Jews having been deliberately gassed in gas chambers as a deliberate policy of Adolf Hitler," he said in an interview that aired on Swedish television. 
...
Pope Benedict's rigid stance on what Catholics call "life issues" -- from abortion to embryonic stem-cell research to euthanasia -- already has earned him the title "Father No."

And many faithful believe the church of Benedict cares more about Christian unity with conservatives than seeking dialogue with progressive Catholics and other religions.

"Cello Scrotum" Exposed as Hoax

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From CNN:
A medical ailment that has worried male members of string sections across the music world for over 30 years has been exposed as a hoax.

A senior British lawmaker confessed to making up the condition known as "cello scrotum" -- which relates to chafing from the instrument -- after reading about another musically-related ailment called "guitarist's nipple" in the British Medical Journal in 1974.

Elaine Murphy, who is a member of The House of Lords and a trained doctor, came clean about the prank she devised with husband John in a letter to the BMJ published on Wednesday.

She said: "Perhaps after 34 years it's time for us to confess that we invented cello scrotum.

"Reading (Dr) Curtis's 1974 letter to the BMJ on guitar nipple, we thought it highly likely to be a spoof and decided to go one further by submitting a letter pretending to have noted a similar phenomenon in cellists, signed by the non-doctor one of us.

News Fix: Make Them Non-Profit

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As news came in this morning that the New York Times Company's earnings fell 48 percent in the fourth quarter of 2008, and it web profits took a drop for the first time ever, the Times ran another in an increasingly tedious line of editorials about how to save the industry. It's written by Yale CIO David Swensen and Yale financial analyst Michael Schmidt.

It begins ominously enough:
Today, we are dangerously close to having a government without newspapers. American newspapers shoulder the burden of considerable indebtedness with little cash on hand, as their profit margins have diminished or disappeared. Readers turn increasingly to the Internet for information -- even though the Internet has the potential to be, in the words of the chief executive of Google, Eric Schmidt, "a cesspool" of false information. If Jefferson was right that a well-informed citizenry is the foundation of our democracy, then newspapers must be saved.

But here's the kicker, make them non-profit 501c3's: 
As long as newspapers remain for-profit enterprises, they will find no refuge from their financial problems. The advertising revenues that newspaper Web sites generate are not enough to sustain robust news coverage. Though The New York Times Web site attracted 20 million unique users in October, Web-driven revenues support only an estimated 20 percent of the paper's current staff.
...
By endowing our most valued sources of news we would free them from the strictures of an obsolete business model and offer them a permanent place in society, like that of America's colleges and universities. Endowments would transform newspapers into unshakable fixtures of American life, with greater stability and enhanced independence that would allow them to serve the public good more effectively.

VoiceofSanDiego.org has tried the non-profit model, with fantastic results. 

Williams Complaint Goes Before Committee Today

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The state house's ethics committee, appointed last week, will hear out the ethics complaints Rep. Brian Kelsey, Republican of Germantown, filed against House Speaker Kent Williams, regarding a "sexual harassment complaint" involving Rep. Susan Lynn from way back in 2007. Kelsey contends that, in continuing to deny the harassment to the public Williams has been deliberately dishonest about it. This, of course, all began when a 2007 memo, documenting the alleged harassment and prepared by Rep. Jason Mumpower, was unearthed by NashvillePost.com.

We always want to know what angry Stacey "The Rep" Campfield has to say about these things. 

So, without reprinting it in its potentially libelous entirety, Campfield cites three reasons he believes the complaint will not move forward. Two of them read like the bitter, angry type of invectives we've come to expect from Campfield.  The last one--that she never filed an actual complaint of sexual harassment, nothing is formally documented beyond the Mumpower memo--does appear to make sense. 
Reps. Zach Wamp, and Lincoln Davis, say the funds would ease the burden on Tennessee Valley Authority ratepayers, as the utility pays more than $1 million a day on the cleanup.

"The ash spill is going to increase our rates. Everybody knows it," Rep. Wamp said. "The $25 million is to help local governments. I know TVA is committed to paying for the cleanup, but they can't borrow money because of the cap on their debt levels, so it's going to be passed on to ratepayers."

Our senators do not agree, however. 

But the proposal has drawn fire from other lawmakers, including Sen. Bob Corker, R-Tenn., who said the federal aid has no place in a stimulus bill designed to kick-start the country's ailing economy.

"It's a discredit to the whole process to in any way allude to (the aid) as a stimulus," Sen. Corker said. "This is exactly the kind of thing that causes Americans to be so discontented with Congress. That is not a stimulus. If people want to talk about this as the 2009 pork package, that's a different thing."

An aide to Sen. Lamar Alexander, R-Tenn., who earlier said he would support efforts to obtain federal dollars for the cleanup, said in a statement, "if there is a federal pilot program to deal with coal ash, Kingston would be an ideal location. But cleaning up this spill is ultimately TVA's responsibility."

John Updike Dead at 76

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Lung cancer. 
Looks like AP's the only big news outlet that saw it coming. As of this writing, all the other obits I can see are like four paragraphs long. 

Simpsons Did It

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From the Guardian:
Seven diners in northern Japan fell ill and three were still in hospital today after eating blowfish testicles prepared in a restaurant not authorised to serve the poisonous delicacy.

A 68-year-old diner was in a critical condition with respiratory failure and two others, aged 55 and 69, were in serious condition, Iwase said.

"It's scary. If you go to a decent-looking restaurant that serves fugu, you would assume a cook has a proper fugu license," Iwase said, using the Japanese term for blowfish.

Season 2, Episode 11: One Fish, Two Fish, Blowfish, Blue Fish
From McClatchy: 
Without a major economic stimulus plan, "the shortfall in the nation's output relative to its potential would be the largest - in terms of both length and depth - since the Depression of the 1930s," said new CBO Director Douglas Elmendorf in testimony prepared for the House Budget Committee.
...
With the bill, CBO figured economic output would be between 1.3 percent and 3.6 percent higher at the end of this year, higher by a similar amount at the end of 2010 and even higher in 2011.

The help is needed to reverse a downturn that CBO estimates will easily surpass the 1981-82 and 1873-74 recessions, each of which last 16 months, by mid-year.

"It could also be the deepest recession during the postwar period in terms of the difference between actual and potential output," Elmendorf said. By his estimates, output over the next two years will average 6.8 percent below normal.

Just Stand In This Crowd and Yell

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In response to massive increases in unemployment claims, state government has come up with a new system for processing the hordes of new claimants: Rush them through in a big, chaotic group.

Press Release: 
NASHVILLE - Beginning Thursday, Jan. 29, Tennessee workers will have another means for filing initial claims for unemployment insurance. This new service is a temporary measure to help relieve the state's overloaded telephone network for processing claims. 
 
"In addition to using telephone, Internet, or paper claims forms, claimants will now be able to go to one of 22 Career Centers across the state to take part in a small group session to file their claim," said Labor & Workforce Development Commissioner James Neeley. "Our phone lines have been overwhelmed by the volume of claims we are processing. Offering another means for filing initial claims will help us serve those who have lost their jobs more efficiently."
 
During the meetings claimants will complete their required forms and learn how to certify their eligibility on a weekly basis, either online or by phone. Weekly eligibility certification is required as long as they are receiving unemployment benefits.  At the end of the session, staff will review and process the claims onsite.

Commissioner Neeley emphasized the new option is limited to those who are filing simple lack-of-work claims.  Other types of claims, such as voluntary quit or discharge, will not be processed in these sessions. 

In order to file during a group meeting, the claimant must have been laid off from his job due to lack of work and must have a separation notice or letter from the employer stating that the separation was because of lack of work or reduction in force (sometimes written as furloughed).  

Tennessee employers are urged to provide each of their employees a separation notice stating separation due to lack of work.  The separation notice form can be found at www.state.tn.us/labor-wfd/Employers/forms/LB-0489.pdf.

Mass claims sessions will be held at 8:30 a.m. and 1:30 p.m. local time on Mondays and Thursdays and at 8:30 a.m. on Fridays. It is not necessary to make an appointment.  Meeting rooms will accommodate a limited number of claimants.  Weekly mass claims sessions will continue as long as necessary.

Knoxville's is at 1610 University Ave. Have at it.
Wow, you mean that this hateful, bigoted, trashy, ignorant piece of proposed legislation was actually backed by hateful, bigoted, trashy, ignorant people?! And that may be why boy genius Eric Crafton, the man "behind" Nashville English First, was holding out on his LEGALLY REQUIRED FUNDING DISCLOSURE until after the vote was over?! No! Heavens forfend!

From the Tennessean: 
Nashville English First raised $89,722.76 for its campaign, according to campaign financial disclosures released today.

Of that, ProEnglish of Arlington, Va., contributed $82,500. A second donor, Nashville businessman Lee Beaman, gave $6,000, meaning two donors funded more than 98 percent of Nashville English First's campaign.

The Southern Poverty Law Center, which tracks hate groups around the country, has linked ProEnglish to such activity through other organizations founded by ProEnglish's founder, Dr. John H. Tanton. 
...
Nashville English First actually filed its overdue disclosures Monday, but Metro Law Director Sue Cain instructed the Davidson County Election Commission not to release the documents because English First leaders had expressed concerns two weeks ago - when the forms were due - about their donors being threatened.

Read the SPLC's Intel report on Tanton here
Weird: According to FEC records, John and Mary Lou Tanton--who, I'm ashamed to say, live in my home state--identify themselves as environmentalists, and are frequent campaign donors to...Ralph Nader? (On immigration, Nader has advocated leniency, in the form of universal work visas, to all illegal immigrants. But, he also believes in strengthening the U.S.-Mexico border and imposing stricter limits on numbers of immigrants who can legally enter the U.S. each year.)

Campfield: "Kent is Out"

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Red-faced state legislator and tenants' rights advocate Stacey Campfield claims excitedly on his blog today that Tennessee State House Speaker Kent Williams--he of the secret interparty bargains that will destroy us all--is being kicked out of the Republican party. Um, that would be 49-49-1, wouldn't it Stacey? And, hasn't this guy already proven that he doesn't have a problem with crossing over when it suits his political purpose. I know the Republicans are pissed off, but losing their majority outright hardly seems like something to get excited about.  
This week will kick off a campaign, led by UT students and the UT staff's union, to protest proposed budget cuts to the university system and ask for a higher-education "bail-out" (read: sufficient funding) from the state government. 

This all starts tomorrow when members of several student groups will meet with Dr. John Petersen, president of the UT system, to start a petition drive asking for the funding. 

From the press release:
Student senators from the Student Government Association Students for a Just University caucus, as well as representatives of Progressive Student Alliance and UT Alumni for a Living Wage, will begin the drive on the newly renovated 8th floor of Andy Holt Tower, where UT administration has its offices, by meeting with President John Petersen at 1pm.  

"We hope that President Petersen will be the first on the list, sending a clear message that he's fighting hard to save UT and make up for the budget cuts," says sophomore Karen Principe of PSA.  "At the very least we want to talk to him about developing a strategy to get some of that money so we can stabilize tuition, keep classes open and departments running, and especially save jobs."

And, on Wednesday, members of the staff faculty union, the United Campus Workers, are planning a rally to demand additional federal funding for higher ed. 

UT EMPLOYEES AND STUDENTS RALLY TO SUPPORT TENNESSEE'S ECONOMY - SAVE

HIGHER EDUCATION!


Knoxville, TN--United Campus Workers is planning a rally of UT staff,

faculty, students, and community members on Wednesday, January 28 at 4:30

p.m. along Cumberland Avenue outside the College of Law.  The rally will

highlight the need for federal assistance to support our state economy by

saving public higher education.


In the coming weeks, Congress will consider a national stimulus package,

and members of the Tennessee General Assembly and Congressional delegation

must ensure that these monies support public higher education and its

promise of good jobs and economic development for all of Tennessee's

citizens. Tom Anderson, UT staff member and UCW-CWA President said, "We

have seen the federal government give bailouts to the financial-services

industry, and now Congress and President-Elect Obama have started work on

a much-needed stimulus package to help average Americans.  Any stimulus

must include help for state budgets facing major shortfalls, and during an

economic recession higher education has to be a top funding priority."

According to the AP story, the memo replaced the word "catastrophic" with "sudden and accidental." 

From the AP (Via Knoxnews.com):
The memo was edited to remove "risk to public health and risk to the environment" as a reason for measuring water quality and the potential of an "acute threat" to fish.

A reworked description of fly ash noted it mostly "consists of inert material not harmful to the environment," while references to "toxic metals" in the ash were moved to a section on water sampling.
...
Noel Holston, a public relations specialist with the University of Georgia's Peabody journalism awards program, said it would be "hard to infer a motive to s/uch corrections and fine tunings."

But he said, "I can't imagine that anyone who sees these additions and deletions would not conclude that the final version is softer and less alarming than the earlier wording. The fact is they whittled away at this until it said something a little less frightening than what it originally said."

Pilot to Pay $100K for Ky. Price-Gouging Settlement

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From the News Sentinel:
Knoxville-based Pilot Travel Centers LLC has agreed to pay $100,000 to settle complaints resulting from a gas price-gouging investigation by the Kentucky Attorney General following Hurricane Ike last fall.

The investigation resulted in settlements totaling $107,500 with eight retail stations. Five of the stations are owned by Pilot. The Pilot stations are in Corbin, Williamsburg, Middlesboro, Franklin and Oak Grove, Ky., according to a press release.

Who Doesn't Hate John Cornyn?

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So, the news came today that the United States will be closing the shameful Guantanamo Bay detention facility, as well as all of the CIA's secret torture-shacks around the globe. And, surprise! Cowboy Senator John Cornyn has some brilliantly Texan things to say about it. 

From Politico:
Cornyn, a Republican from Texas, told Politico that he's written a letter to Obama "telling him, 'Don't move these dangerous terrorists to Texas - we don't want them there.'"
"I think governing is a lot harder than campaigning," Cornyn said. "I think he needs to be very cautious about precipitous action that could well endanger American citizens."

Yes, Sen. Cornyn--who by the way gets some of his campaign money from your mayor and members of his family--governing is harder than campaigning. Governing means being able to keep your campaign promises. It means being able to do the right thing despite the possibility of being called a "traitor" or a "friend of terrorists" by the less literate half of the country. 

Tazewell Mayor Dead in Apparent Suicide

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From WBIR:
Tazewell Mayor Steve Vass died at his home Wednesday afternoon of a gunshot wound that appears to be self-inflicted. The Claiborne County Sheriff's Department has confirmed the mayor's death and is investigating it as a suicide.
Capt. David Honeycutt said the mayor was a close, personal friend and "a person who put the concerns of the city before his own."
Honeycutt said Vass, 65, had been in failing health recently. Deputies are considering that a likely motive.

Ulysses Jones Appointed Chair of Ethics Committee

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OK, Memphis Democrat Ulysses Jones, Jr. was just appointed the chair of the Tennessee House Ethics Committee. This seems interesting. 
Now, follow me here. Yesterday, Rep. Brian Kelsey filed an ethics complaint against House Speaker Kent WIlliams. Kelsey was one of the main proponents of strengthening the state ethics law enacted in 2006 in the wake of the Tennessee Waltz scandal (in which Jones was implicated by an FBI informant but never charged). Kelsey, in 2007, introduced a provision to the ethics law that would prohibit state legislators from accepting meals free meals from lobbyists or groups connected to lobbyists (under the law they can accept meals up to $50 in value). Jones has famously opposed such restrictions over and over again, arguing for disclosure rather than prohibition of free meals. 
So, Jones, a political rival of the man who made an ethics violation complaint against Williams, was appointed as the chair of the Committee tasked with investigating that very complaint. 
Huh. 

Update: Kelsey is pissed. 
Press Release:
"For the Speaker to go ahead and appoint the members of the Ethics Committee, knowing that they will be hearing a pending complaint against him shows a further lack of ethical judgment.  It's a clear conflict of interest for the Speaker to hand-pick all his own jurors."
Rep. Kelsey filed an Ethics Complaint yesterday against Speaker of the House Kent Williams for Williams's acts of sexual harassment and for making a false statement to the public regarding the allegations.  Kelsey's complaint included a motion that that the Speaker recuse himself from the appointment of the Ethics Committee and instead allow Leaders Odom and Mumpower to appoint the members of the Ethics Committee, each appointing members from his own party caucus in equal numbers.  Instead, this morning Speaker Williams appointed the members of the committee himself.  The Ethics Committee will be charged with holding a hearing on the Ethics Complaint filed against Williams.
Lots of shameful news today, huh? But Hey! President Obama ordered the closure of Gitmo and all secret CIA prisons by the end of the year! Whoo-hoo!

Okay, back to what's happening around here. 
So, Knox County Auditor Richard Walls delivered his draft audit of the county's community grants program. First of all, the audit's found that nearly $3.3 million went to organizations connected to county employees. The biggest one of those? $1.3 million between 2004 and 2008 went to the Senior Citizens Home Assistance Service, Inc., an organization upon whose board the County Community Grants MANAGER Barbara Cook sat.  

As always, there's lots more. From the News Sentinel Story: 

In 2006 and 2007, the list of grant awards approved by Knox County Commission and published in the budget included a group called "Matching Mentors Consortium" that didn't really exist, the draft audit states.

The $10,000 budgeted in 2006 actually went to the Knox County Christian Women's Job Corp ($5,000), SOAR youth ministries in Lonsdale ($2,500) and TennCorp Community Services Volunteers Inc. ($2,500), which was founded by Finch and run by Finch's sister.

In 2007, the $4,500 budgeted to the Matching Mentors Consortium actually went to the Colonial Village Neighborhood Association ($500), Mount Olive Community Organization ($500), South Doyle Area Home Owners Association ($500), South Haven Community Organization ($500) and Tennessee Conference Community Development Inc. ($2,500), the last two of which also had ties to Finch or her staff, according to the draft.

Click here for the full report. 

Update (3:07 p.m.): The mayor's office just issued its response statement. This should answer everybody's questions. 

"After an 18-month wait, we are disappointed to receive a report that is flawed and incomplete.  We plan on responding quickly and may deliver our reply as early as next week.  This also gives us an opportunity to talk about the significantly improved community grants process, which is entering its second year." 


Me: What specific parts of it does Ragsdale's office contend?


The statement: ....


Me: Okay. I'll see you next week I guess, one-line press release. 

More Embarrassing News From Our State Capital

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Nashville votes on "English Only" today. 

An editorial in the Tennessean today sums it up nicely:

Supporters say English-only will make government clearer, unburdened by costly interpreters, and an environment that fosters assimilation by non-English speakers. But even a casual observer must ask: How can one assimilate if they cannot first get basic services -- deeds, permits, driver's licenses, police and fire protection?

"Specific exceptions" may be made by Metro Council, the proposal says. Exactly when will Council make these exceptions? How many wrongs might be committed before Council carries out three readings to enact a remedy? The sheer negligence that this law would engender is staggering.

...

Call it English-only, or English-first: It's discriminatory and it would damage the city of Nashville.

And, speaking here as a non-native Tennessean, it would be a humiliation for the entire state--the entire region really--in the eyes of the rest of the country. If this thing passes, which, admittedly it probably won't, we should all move. 

On her blog, which she very rarely updates, Rep. Susan Lynn, the alleged victim of politically opportunistic Tenn. House Speaker Kent Williams' sexual harassment.

Here's the only "comment" she will offer on it:

Until this time I was unaware that a file existed. However, in retrospect, it does make sense that the leader would document a serious incident even if only to safeguard his own actions. Although he has received much criticism, I can only imagine the critique if he had refused to hand over the file. Considering all that the leader has been through, I think that he has been very professional about everything.

Taken out of context, don't those frequent references to Mumpower simply as "the leader" make it sound like she's talking about L. Ron Hubbard or something?

It's Over, Ragsdale Officially Divorced

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From the News Sentinel:
Fourth Circuit Court Judge Bill Swann this week approved the final divorce decree giving Claudia Ragsdale back her maiden name and the couple freedom from the ties that had bound them.
...
But the settlement agreement changes the grounds for divorce and does not come with a call for alimony or health care coverage for Claudia Ragsdale, who has battled cancer.

So, what's the settlement?! 
To find out who gets what - including the University of Tennessee football tickets - read the story Thursday online and in the News Sentinel.

Jerks. 

Ethics Complaint Filed Against Speaker Williams

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That's the latest update on Week's-Pay-to-See-You-NakedGate.  

From the press release:
Rep. Brian Kelsey files Ethics Complaint against Speaker Kent Williams
MEMPHIS - Representative Brian Kelsey (R-Germantown) filed an Ethics Complaint today against Speaker of the House Kent Williams for Williams's acts of sexual harassment and for making a false statement to the public regarding the allegations.  Rep. Kelsey filed the Complaint directly with Speaker Williams this afternoon via e-mail.

It was revealed yesterday that on March 27, 2007, Williams solicited a sexual act from Rep. Susan Lynn in the legislative parking garage, telling her, "I will give a week's pay just to see you naked."

A memo written by House Republican Leader Jason Mumpower chronicles that Williams admitted the charge of sexual harassment, apologized to Rep. Lynn, and was reprimanded by Leader Mumpower.

Yesterday, Speaker Williams issued a public statement, saying, "I have never sexually harassed anyone nor have I been reprimanded for any such behavior."

"Speaker Williams's actions of sexual harassment were bad enough to begin with.  Denying that the events ever occurred, in effect calling Rep. Lynn a liar, is like spitting in the face of his victim," said Rep. Kelsey from his law office in Memphis.

Rep. Kelsey continued, "Speaker Williams issued a false statement with the intent to deceive the public.  This type of dishonesty to the people of Tennessee is totally unacceptable from the leader of the House of Representatives."


White Powder Received at WSJ: Knoxville Connection

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13 envelopes containing a "mysterious white powder" received at the Wall Street Journal and the Harvard Law School today bore Knoxville return addresses.

Here's the complete release:

On Wednesday January 21, approximately 13 powder-laden envelopes were received at the office of the Wall Street Journal in New York City.  The letters reportedly bear a Knoxville, Tennessee postmark.  New York City emergency services personnel have responded to the event and are field testing the letters to determine whether they contain a hazardous substance.

An additional letter was also received today at Harvard Law School addressed to Alan Dershowitz.  This letter was also postmarked Knoxville, Tennessee.  

This investigation is being conducted by the FBI Joint Terrorism Task Forces in New York and Knoxville in partnership with the United States Postal Inspection Service.

Anyone with information concerning who may be sending these letters is requested to contact the Knoxville FBI Joint Terrorism Task Force at 865-470-0007.

If you receive a letter, please notify the FBI and your local authorities.  Information on how to handle suspicious mail can be found at www.fbi.gov.

The Obamas' Love Life

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Quoth the Fox 2 Detroit "Love Doctor:"

"They do a lot of touching, kissing, even fisting."

Yep, she said that. 
(Go to Eat This City, Detroit, for video.)

Former Advisor Reports on Bush's Flight Back to Texas

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Mark McKinnon, a former campaign strategist for John McCain, as well as a media advisor with the Bush administration, was on the plane with the Bush family back to Texas from D.C. There were other people there, too.

From the Daily Beast:
Among the passengers, longtime Bush family, friends, and staffers included the former president's mother and father and daughters Jenna and Barbara, Karl Rove, Karen Hughes, Dan Bartlett, Josh Bolten, Joel Kaplan, Jared Weinstein, Mike Meece, Andy Card, Don and Susie Evans, Blake Gottesman, Clay and Ann Johnson, Ed Gillespie, Barry Jackson, Joe Hagin, Israel Hernandez, Jeanne Johnson Phillips, Margaret Spellings, Alberto Gonzales, Brad Freeman, Jim and Debbie Francis, and Roland and Lois Betts.

Jeez. 
Anyway, McKinnon writes that "while I expected the president's mood to be defiant, bitter, defensive, or vengeful toward his critics, he was anything but. As he toured the cabin of the airplane throughout the flight, visiting with old friends, family, and staffers, he was filled with equanimity, grace, and a generosity of spirit."
...
Mrs. Bush strolled the aisles thanking friends and staffers. The president's father, with his walking stick, hobbled through, as well, with a familiar glint in his eye and smile at the corner of his lips. Wife Barbara padded around behind him, ever ready with a witty riposte to any and all. Karl Rove was in his usual seat in the conference room, challenging Joe Hagin and Blake Gottesman to a game of cards. And winning. Insisting they autograph the final score. And I was snapping pictures all along, inspiring Josh Bolten to declare me a "tourist." Which I happily admitted I was and have been all along.
That's what UN Rapporteur (sort of a legal expert) in the area of torture said on German TV yesterday. 

From Harper's:
In an interview on Tuesday evening with the German television program "Frontal 21," on channel ZDF Professor Manfred Nowak, the United Nations Rapporteur responsible for torture, stated that with George W. Bush's head of state immunity now terminated, the new government of Barack Obama was obligated by international law to commence a criminal investigation into Bush's torture practices.

"The evidence is sitting on the table," he stated. "There is no avoiding the fact that this was torture." He pointed to the U.S. undertakings under the Convention Against Torture in which the country committed that it would criminally prosecute anyone who tortured, or extradite the person to a state that would prosecute him.
...
Manfred Nowak, an internationally renowned law professor at the University of Vienna, currently serves as an independent expert for the United Nations looking at allegations of torture affecting member states. In 2006, he undertook a special investigation of conditions at the U.S. detention facilities at Guantánamo in which he concluded that practices approved by the Bush Administration violated human rights norms, including the prohibition against torture.

In related news, of course, this has already happened:
GUANTANAMO BAY, Cuba, Jan. 21 -- In one of its first actions, the Obama administration instructed military prosecutors late Tuesday to seek a 120-day suspension of legal proceedings involving detainees at the naval base at Guantanamo Bay, Cuba -- a clear break with the approach of the outgoing Bush administration.

Army Col. Patrick Parrish promptly put one of the cases on hold Wednesday morning, and the disposition of several others is expected to become clear later in the day. Parrish is overseeing the case involving Omar Khadr, a Canadian accused of killing a U.S. soldier in Afghanistan when he was 15. Khadr's trial was about to begin, but the defense did not object to a delay until May 20 and Parrish issued the necessary order. (Washington Post)

Weeks-Pay-Just-To-See-You-NakedGate

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So, news broke yesterday that Rep. Jason Mumpower had prepared a 2007 memo that alleges new Tenn. House Speaker Kent Williams sexually harrassed a colleague. 
The document, which was prepared by Mumpower on the advice of counsel, recounts two incidents where Rep. Susan Lynn reported Williams' actions made her feel "sexually harassed."

The first incident documented in the memo occurred on March 27, 2007 in a legislative parking garage. The document states Lynn alleged that Williams and then Rep. Doug Overbey encountered her and Rep. Debra Maggart following a night of legislative receptions.

"Rep. Lynn said that when Rep. Williams came up to her and told her how beautiful she was. She said he also told her, 'I will give a weeks pay just to see you naked.'" Mumpower wrote.

But is this just a smear campaign? Mumpower, after all, must be pretty pissed about the stunning humiliation Williams and his fairweather Democratic allies dealt him.
From Aunt B. on Tiny Cat Pants
If it's not true, it's unfortunate that it's been dredged up again.  Spreading this untruth would basically prove that all the Republican hand-wringing over how big a bunch of untrustworthy liars the Democrats and Williams are is just theater to cover their own untrustworthiness and lies.

But I'm with Woods.  I don't see any evidence of a Republican smear campaign.  Kleinheider and I talked about this alleged incident a while back and it doesn't seem like a far stretch to me to believe that something that was at the back of his mind then would be brought to the front when Williams blew up on the scene.

And Nashville Scene's Jeff Woods points this out: 
But there's no evidence this is part of any Republican smear campaign. It looks like Post Politics' Adam Kleinheider went after this memo on his own initiative. The memo wasn't leaked. Kleinheider says he made an open records request for it. The existence of the complaint, but not the details of it, has been common knowledge at the Capitol. Kudos to Kleinheider for getting to the bottom of it.

Finally, what has Williams to say? Not much. 
From the press release:

The Sexual Harassment Policy of the Tennessee General Assembly requires that any and all information falling under the parameters of the policy must be held confidential. The policy strictly prohibits the release of any information as upheld by the courts. 

...

However, I have never sexually harassed anyone nor have I been reprimanded for any such behavior.

Right now my focus continues to be on moving this state forward and getting to the business of governing. This week, I have brought House Democrats and Republicans together to coordinate bipartisan committee assignments and with these talks our forward momentum is building. I am looking forward to getting on with the people's business. 



China Alters Parts of Inauguration Speech

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From the Huffington Post: 
BEIJING -- The official Chinese translation of President Barack Obama's inauguration speech omitted his references to communism and dissent, and a live broadcast on state television Wednesday quickly cut away to the anchor when sensitive topics were mentioned.
...
At one point, Obama said earlier generations "faced down communism and fascism not just with missiles and tanks, but with sturdy alliances and enduring convictions." He later addressed "those who cling to power through corruption and deceit and the silencing of dissent _ know that you are on the wrong side of history."
...
The news channel of state broadcaster China Central Television broadcast the speech live early Wednesday local time, but appeared caught off-guard by the statement about facing down communism.

The translator had no sooner said "fascism and communism" when the audio faded out from Obama's speech and cameras cut back to the studio anchor, who seemed flustered for a second before turning to ask an expert what challenges the president faces in turning around the U.S. economy.

SJR127 Is Back

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From AP:
NASHVILLE, Tenn. (AP) - New Tennessee House Speaker Kent Williams has indicated that abortion restrictions and gun rights issues will be at the top of his agenda this legislative session.

The Elizabethton Republican was the surprise winner of the chamber's top post last week when he was joined by all 49 Democrats to beat House Republican Leader Jason Mumpower of Bristol by one vote.

He immediately announced he wanted to quickly pass a long-stalled measure to restrict access to abortions and to expand the areas where people with handgun permits can carry weapons.

Not a lot of information there, huh? Could that "long-stalled measure" be the ghost of Senate Joint Resolution 127, killed last year in committee, which states the following:

Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape or incest or when necessary to protect the life of the mother. 



So, that means our now-Republican controlled state legislature would be able to put (further) limits on women's access to abortions, including a proposed partial birth abortion ban that last year the State Attorney General found "constitutionally suspect" under a 2000 State Supreme Court decision in Planned Parenthood of Middle Tennessee, Inc. v. Sundquist because it didn't have a provision accounting for the health of the mother. The  Planned Parenthood decision found that the right of a woman to terminate her pregnancy is "part of the right to privacy guaranteed by the state constitution." (From the AG's opinion.)

There's a New White House Blog

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The first post was at 12:01 p.m. today, because right at 12 p.m., the whole Internet was in quiet awe, I guess. 

We've Gained a New President

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But, just as excitingly, we've lost an old one.

So, can we drop the "Obama" chant now? 

Knoxville Job Losses Predicted

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(Via Pith in the Wind, Nashville Scene) A new report commissioned by the U.S. Conference of Mayors predicts that Knoxville will lose an additional 6,100 jobs by the end of 2009. Our unlucky neighbors Memphis and Nashville will lose 14,600 and 15,100, respectively. 


Localizing the Inauguration

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Problem: You're a midsize metropolitan newspaper, which means that you do not have the resources for a Washington bureau, or, in many cases, even sending a crack team of your best news reporters out of town. But, on some days, there's only one story that anyone is talking about, and it ain't in Peoria, or for that matter, Knoxville.

Yet, you have all these reporters sitting around the office. What can you have them do to justify their pittance, as well as showing the publisher that you're "all over it"? 

Solution: There are a myriad of them, varying in inanity.

Obama localized:

Category 1: The man on the street. 

What does the average [Insert City Here] resident think about the inauguration?



Category 2: The New Media solution.
Just hand over the media steering wheel to some local who you know is going to be there. This is an especially elegant solution if that local is going to be involved, such as the Anchorage Daily News' blog featuring the members of the Colony High School Band, which is in D.C. for the festivities. 

Category 3: The Alt-Weekly Solution. 
Um, this. Maybe a column or something, too. Hey, did somebody bring snacks for when we gather around our three-inch TV at 11:30?


The Lighter Side of the Death of My Industry

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I noticed something funny when I was reading this morning's NYT story about Mexican billionaire Carlos Slim Helu's big investment in the Times Company. Click on Slim's name in the first paragraph for older NYT stories about him and one of the top items is a 2007 feature called "New Committment to Charity by Mexican Phone Tycoon." HA! You know, with the new context and whatnot.

Rahall Introduces Bill on Coal Ash Regulations

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So, the first post-spill piece of legislation aimed at regulating the storage and disposal of coal ash comes not from Sen. Barbara Boxer, chair of the Environment and Public Works Committee--though she promised one earlier this week--but from West Virginia Rep. Nick Rahall, chair of the House Committee on Natural Resources. The bill, introduced yesterday, is called the Coal Ash Reclamation, Environment, and Safety (Or CARES, awwwwww) Act of 2009.
From the CARES (aw) Fact Sheet:
The "Coal Ash Reclamation, Environment, and Safety Act of 2009" addresses the 
urgent need to ensure safe storage of coal ash at impoundments like the one in 
Tennessee.  This bill:  
 
 Imposes uniform federal design, engineering, and performance standards on 
new coal ash impoundments.  These standards are to be developed in 
accordance with the requirements for impoundments in the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). SMCRA provides direction 
for the stable storage of the coal mining wastes, including coal slurry, which 
are generated at mines--a similar challenge to the storage of coal ash at 
utilities.   
 
 Provides one year for completion of a detailed inventory of the hundreds of 
existing coal ash impoundments and the risks each poses to groundwater and 
human and environmental health.  The Secretary of the Interior is given the 
authority to order improvements of impoundments based on the inventory.   
 
 Requires adequate monitoring and inspection regimes for both existing and 
new coal ash impoundments.  
 
 Allows States with adequate or superior standards to administer the program 
similar to the authority provided by SMCRA.

Here's what the SMCRA requires for "water impoundments" for coal waste:
(A) the size of the impoundment is adequate for its intended purposes;
(B) the impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under Public Law 83-566 (16 U.S.C. 1006);
(C) the quality of impounded water will be suitable on a permanent basis for its intended use and that discharges from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable Federal and State law in the receiving stream;
(D) the level of water will be reasonably stable;
(E) final grading will provide adequate safety and access for proposed water users; and
(F) such water impoundments will not result in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial recreational, or domestic uses

Gaza Emergency Head: Palestinian Death Toll Over 1,000

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From the Guardian
So far 1,010 Palestinians have been killed, among them 315 children and 95 women, Dr Moawiya Hassanein, head of Gaza's medical emergency services, told the Guardian. 
The number of injured after 19 days of fighting stood at 4,700, he said.
The Palestinian death toll in the Gaza conflict climbed to more than 1,000 today after nearly three weeks of intensive Israeli bombing and ground fighting.
...
Ban Ki-moon said he wanted "an immediate end to violence in Gaza, and then to the Israeli military offensive and a halt to rocket attacks by Hamas".
"It is intolerable that civilians bear the brunt of this conflict," he said, adding that the "negotiations need to be intensified to provide arrangements and guarantees in order to sustain an endurable cease-fire and calm."

Meanwhile, Osama bin Laden has called for worldwide jihad, um, again. 
From the New York Times:
In his first public statement over the 19-day Gaza conflict, the leader of Al Qaeda, Osama bin Laden, on Wednesday publicly exhorted Muslims to wage holy war against Israel and criticized Israel's Arab allies in an audiotape posted on Islamist Web sites.

Best Pay By The Hour Hotels for Valentine's Day

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This is written sort of hokily, but it's a funny idea. (The Guardian)

UT Pres. Petersen: Remove Tuition Cap

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UT President John Petersen is meeting with the Executive and Compensation Committee of 
the UT Board of Trustees today. What could he be saying to them? 

From the Tennessean
Students will probably feel the budget crunch the way they usually do, through a tuition increase.

This time, however, college administrators aren't pursuing across-the-board increases. Petersen said he would propose removing the tuition cap for full-time students taking more than 12 hours, or typically four classes.

Students currently can take up to 18 hours at the same rate as 12 hours. They would be charged for all those hours under the new proposal.

"It may be something we should have looked at before," Petersen said. "Sometimes change isn't very easy to do when times aren't arduous."

Brockovich Blogs Her Roane Co. Visit

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From the Huffington Post:
When I first arrived on the site, I was pretty quiet. It took a while to absorb what I was looking at. I knew there was a lake but an entire area was gone. I kept wondering "Where did the water go?" I couldn't decide if it looked more like a tornado had gone through, a mudslide, landslide, maybe a volcano erupted or a tidal wave. It is now a "moonscape." The landscape has completely changed. It is almost unidentifiable.
...
It struck me that I had an unusual taste on my lips and in my mouth. I asked others if they noticed that, and they did. Some experienced scratchy throats, respiratory problems, itchy and burning eyes and tasted what one expert believed to be sulfuric acid. If we were experiencing this much discomfort after a few minutes, what on earth are the people who live here feeling?
...
This corner of Roane County Tennessee is off the beaten path. It is remote, distant from any main street and city noise. It is easy to see the beauty of rolling mountains, lakes, rivers, comfortable family homes. It is serene, a piece of heaven on earth. This was a safe place to raise kids, to teach them to fish and swim, to enjoy family and have barbecues or sit quietly to watch the sunset on warm summer nights. I could see why people live there. Over the past couple of weeks we have had the opportunity to speak with people about life both before December 22.

But WhitesCreek over at RoaneViews takes issue with the post:
I just read the eloquently written but very disappointing Huffington Post by Erin Brockovich. I'm afraid she indulges in exaggeration to the point of misinformation. I'm being swayed over to RandMart's view of her.

She incorrectly states that this corner of Roane County is "Off the Beaten Path". Well let's overlook the fact that there are four I40 interchanges within three miles of the site and the fact that one of the largest shopping centers in Tennessee is within 20 minutes, and let's look at just a few of her factual errors.
...
Where to start? Yes, we have a big danged mess in less than a mile square area of a 61 square mile lake...Less than 0.8% of the lake. The floating gray stuff is little bubbles of silicates...Glass if you will. It's ugly but is being vacuumed up by hordes of orange life-jacketed workers.

Our drinking water has been tested by a staggering number of laboratories and not one single problem has been found...Not One!



General TVA Updates

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Haven't gotten to this thing in a couple days, but there's a lot going on with the TVA, especially yesterday, when the state ordered the utility to reimburse the TDEC for clean-up and site evaluation efforts at the Kingston plant. 

From the News Sentinel
Under a state environmental enforcement order issued Tuesday, the Tennessee Valley Authority will have to foot the bill for the Tennessee Department of Environment and Conservation's response to the massive fly ash spill at the Kingston Fossil Plant and submit a formal cleanup plan for state approval.

Reimbursement to TDEC would come on top of the $1 million a day TVA officials say they are spending on the cleanup effort.

Also, it looks like TVA may be facing some serious charges after the release of gross-looking sediment from a dam into the Ocoee. 

And, finally, TVA has been ordered by a federal judge to install pollution controls into four coal-burning plants in East Tennessee and one in north Alabama. 

Truckers Rank I-40 "Best Road in Nation"

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Whoa. I totally use that road all the time. Now when I do, it will feel like I'm running over a celebrity. 

From the TDOT press release:
Nashville, Tennessee - For the third straight year, Interstate 40 in Tennessee tops the list of best roads in the country according to the nation's truck drivers.  In addition, for the 10th consecutive year truckers rated Tennessee's overall roadway system as third best in the nation (tied with Georgia) according to a recent survey published in Overdrive Magazine.
"Tennessee's roadways are a major economic driver for our state," said Governor Phil Bredesen.  "The consistently high ranking of our transportation system from the people who use it most certainly enhances opportunity for future growth and development in Tennessee."


 


Come On Now (Yet ANOTHER TVA Spill)

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From the News Sentinel
STEVENSON, Ala. - The Tennessee Valley Authority says a waste pond at its Widows Creek power plant in northeast Alabama has ruptured but the spill is now contained.

TVA spokesman John Moulton said the leak in the pond was discovered at about 6 a.m. at the plant near Stevenson, Ala. He said most of the material from the leak flowed into a settling pond at the plant site but some spilled into Widows Creek.

The TVA release

TVA Fact Sheet
LEAK AT WIDOWS CREEK GYPSUM POND
January 9, 2009

 

TVA is investigating a leak from the gypsum pond at Widows Creek Fossil Plant in Stevenson, Alabama, that was discovered before 6 a.m. on Friday, January 9.  The leak has stopped.  

The leak from the gypsum pond flowed into an adjacent settling pond.  Some material overflowed into Widows Creek, although most of the leakage remained in the settling pond.    TVA has notified appropriate federal and state authorities.

TVA will perform temporary repairs to the pond. 

Gypsum ponds hold limestone spray from TVA's scrubbers that clean sulfur dioxide (SO2) from coal-plant emissions.  Gypsum contains calcium sulfate, which is commonly used in drywall, a commercially sold construction material.  

Obama Admin. May Acknowledge That Hamas is Real

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Huh. How about that?
From the Guardian:
The incoming Obama administration is prepared to abandon George Bush's ­doctrine of isolating Hamas by establishing a channel to the Islamist organisation, sources close to the transition team say.

The move to open contacts with Hamas, which could be initiated through the US intelligence services, would represent a definitive break with the Bush ­presidency's ostracising of the group. The state department has designated Hamas a terrorist organisation, and in 2006 ­Congress passed a law banning US financial aid to the group.

Best part coming up:
There is no talk of Obama approving direct diplomatic negotiations with Hamas early on, but he is being urged by advisers to initiate low-level or clandestine approaches, and there is growing recognition in Washington that the policy of ostracising Hamas is counter-productive.

Emphasis happily added by yours truly. 

2008: Worst Year for Jobs Since 1945

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The Labor Department released its December unemployment statistics yesterday, and--guess what--things are terrible out there. But, we knew that already. The loss of nearly 2.6 jobs last year makes it the worst since 1945, according to a Bloomberg story this morning. 

From the Department of Labor report:
Nonfarm payroll employment declined sharply in December, and the unemployment 
rate rose from 6.8 to 7.2 percent, the Bureau of Labor Statistics of the U.S. 
Department of Labor reported today.  Payroll employment fell by 524,000 over the 
month and by 1.9 million over the last 4 months of 2008.  In December, job losses 
were large and widespread across most major industry sectors.

This news came the same day as President-Elect Obama's calls for an $800 billion stimulus package, which would include a middle-class tax cut as well as increased federal spending on education, infrastructure, and alternative energy. The plan has so far gotten a cool reception from Congress. 

More TVA Mess (Somewhere Else?)

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A series of TVA-run dam "releases" caused by "heavy rains and water" has left the Ocoee River gorge in Polk County, just east of Cleveland, Tenn., filled with a black, sludge-like material. Randy Neal over at KnoxViews has the most complete coverage so far. 

From the Tennessean:
Efforts to repair one of a series of dams on the river released sediment into the rocky channel over the weekend, agency spokeswoman Barbara Martocci confirmed Thursday. The U.S. Forest Service discovered the problem Sunday.

Two days later, a section of the Ocoee River Gorge -- a world-renowned location for whitewater sports and site of Olympic competition during the 1996 Atlanta games -- was about half-filled with black, foul-smelling muck, said Tisha Calabrese-Benton, spokeswoman for the state Department of Environment and Conservation.

"In addition, Forest Service employees were walking the stream bank picking up what dead fish they could find," she said Thursday in an e-mail. "No live fish were seen."
Pop culture's Erin Brockovich is in Kingston/Harriman/etc. for the next two days, after she says, receiving "hundreds of emails" from residents expressing concern about TVA's Kingston plant mess. Today, she gave a press conference. (OMG, CNN was there!)
"People here have heard some conflicting reports from the authorities, from the press," Brockovich said. "We're gonna be going out to the site tonight."
She said that she and her team plan to take their own samples and have them independently analyzed for the presence of heavy metals. She criticized a rumor she heard that Kingston City Council passed a resolution discouraging residents from contacting or dealing with her, saying that she's just trying to help uncover the truth.
Note: I placed a call to the city of Kingston. The actual resolution, which was indeed passed, discourages residents from engaging in "mass tort litigation," or, in other words, filing class action suits against TVA.
"I wouldn't encourage this community to not talk," she said. "For me, this is about a community who's absolutely said they don't believe they'll be told the truth. They believe they'll be duped."
She said that residents' distrust comes from the fact that TVA, and similar interests, are underregulated.
"These indsutries are allowed to self-check, self monitor, to self-report, and that can't happen," Brockovich said. "Don't let the fox guard the hen house."
Brockovich has brought with her an engineering consultant (Nick Cheremisinoff) and a lawyer (Robin Greenwald) to address and consult residents worried about possible health effects from the ash spill. They will hold a public meeting in the gymnasium of Roane State Community College tomorrow at 6 p.m.

And Here's Kilgore's Statement

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Having problems linking to PDF's, so here's the whole thing. 
 
 
Testimony of 
Tom Kilgore, President and Chief Executive Officer
Tennessee Valley Authority
Before the 
Environment and Public Works Committee
January 8, 2009
 
 
Opening Statement
 
Chairwoman Boxer, Ranking Member Inhofe, and members of the Committee.  Thank
you for this opportunity to appear before you to discuss TVA's work on recovery and
clean up of the release of ash at one of TVA's power generating plants in East
Tennessee.  Here with me today is Bill Sansom, Chairman of the Board of Directors of
TVA.
 The release followed a failure of a retention wall for a coal ash containment area at
TVA's Kingston Fossil Plant.  
 We will diligently work to determine the cause of this failure, but as I have told the
members of the public in that area and our employees, our focus right now is on
cleaning up the spill.  I want to assure you that TVA will do a first-rate job of remediation
of the problems caused by the spill.  
 
About TVA
As you know, TVA is a corporate agency of the United States and the nation's largest
public power provider.  In partnership with 158 wholesale distributors, TVA provides
reliable, competitively priced electricity to about 9 million people and 650,000 businesses
in seven southeastern states.  TVA also provides power directly to about 60 large
industrial customers and federal installations.  TVA is more than a power company. 
When Congress established TVA in 1933, it set our mission to include managing the
nation's fifth-largest integrated river system, providing environmental stewardship, and
being a catalyst for economic development in its 80,000-square-mile service area.  TVA
is funded primarily by its ratepayers and receives no appropriations.  
The incident being discussed today occurred at TVA's Kingston coal plant.  The Kingston
plant was built in the early 1950s, in accordance with congressional authorizations,
primarily to meet the defense needs of the nation - specifically, the need to provide
power for the production of atomic defense materials at Oak Ridge, Tennessee.  
Currently, Kingston is one of the mix of generating resources that TVA uses to supply
electricity to our region.  About half of our nation's electricity supply comes from coal,
and the TVA region is in a similar situation.  While we are working to increase the
amount of carbon-free generation we use, about 60 percent of TVA's generation comes
from coal.  And like utilities around the nation, we must manage the ash that is a by-
product of coal-fired power production. 
 
Kingston Fossil Plant
At the Kingston plant, ash material that remains after the coal is burned is stored in a wet
ash pond.  Six of TVA's eleven fossil plants use wet fly ash storage cells.  The other five
plants use a dry fly ash storage method.  All of TVA's ash disposal sites are engineered
facilities and follow the permit requirements for the states in which they are constructed. 
They are surrounded by dikes, and they incorporate engineered drain systems and
water runoff controls. 
At all of our fossil plants, these areas undergo a formal inspection annually and other
inspections on a quarterly and a daily basis.  The storage cells at Kingston are visually
checked daily by plant personnel.  In addition, TVA plant personnel inspect the cell for
seepage on a quarterly basis.  Annually, TVA engineering staff members perform a
comprehensive inspection and document the findings and recommendations in a report. 
Kingston's most recently completed report is dated February 2008 for the inspection
conducted in December 2007.  That report is currently posted on the TVA Web site. 
Kingston's most recent inspection was in October 2008, and the report was being
compiled at the time of this incident.  Initial reports from that inspection indicated no
noticeable increases in seep flow were observable during the 2008 inspection.  
 
Outreach to the Public 
In the early morning hours of Monday, December 22, I received the call about the failure
of the retention wall shortly after 1 a.m. and arrived at the plant within the hour.  The
initial response by the Roane County, Tennessee, Emergency Management personnel,
along with the Tennessee Emergency Management Agency, was excellent; and we will
always be grateful for their swift and professional response.  Other agencies also were
notified, including the National Response Center.
Of course, our first concern on hearing the news was for the safety of the neighbors in
the area around the plant.  Frankly, the only good news in the week was when we
learned about five o'clock that morning that there was no loss of life and no injuries that
required medical attention.  We also made visual inspections of the ash retention dikes
at our other plants to note any changes in conditions and will continue to do so.
Our first priority was to reach out to the people immediately impacted, especially the
three families who lost their homes, to ensure that they were safe and that they had
temporary housing, meals, and other necessities.  We established a team of TVA
employees and retirees to provide one point of contact for each family impacted to
ensure their needs are met and concerns addressed.  These support teams are
continuing to work with the families.
We also have set up a 1-800 number and a local facility that is open seven days a week
for residents to go to if they have a property-damage claim, question, or concern.  This is
in addition to the telephone line we began staffing around the clock shortly after the
incident for the public to call with any concerns, questions, or requests for the State to
test private drinking-water wells.
 
Environmental Impacts
After seeing that our first objective - the safety of the public and our employees - was  addressed, we immediately began dealing with potential public health issues and the
containment and stabilization of the ash material.
Consistent with Homeland Security Directives, we are using the National Incident
Management System (NIMS) approach for the onsite emergency response.  This means
that an onsite Command Center with a Unified Command has been established and is
staffed by federal, state, and local response organizations that sit side-by-side, share the
same information, and staff a Joint Information Center where information is provided to
the public in a timely and coordinated manner.  A number of agencies, including the
Roane County Emergency Management Agency, Tennessee Department of
Environment and Conservation, Tennessee Department of Health, the Tennessee
Emergency Management Agency, and the federal Environmental Protection Agency are
with us at the site to respond to the event and to monitor our work.  The agencies are
conducting their own water, air, and soil testing, and sharing all findings among the
Unified Command.  I would like to discuss that testing next.
In addition to the agencies listed, the United States Fish and Wildlife Service (USFWS)
also responded to this incident.  Service staff surveyed the affected area and assessed
effects to natural resources, mainly migratory birds.  USFWS's main concerns are
effects on fish and wildlife from habitat loss, suspended fly ash, and metals in the water
and sediment of the Emory River.
 
Water Quality
Within hours of the event, TVA, the Tennessee Department of Environment and
Conservation, and the Environmental Protection Agency began water quality testing. 
Sampling is also being done at water treatment facilities closest to the site.  Each
agency is using certified labs for the analyses, and the data among all agencies is
consistent.  The results of water sampling to-date show that municipal drinking water
continues to be safe.  I will note that the Kingston City Water intake is actually upstream
of the confluence where any suspended ash would float by.  Our River Operations staff
is monitoring the water flow to maintain a positive flow in the correct direction, past the
water treatment plant, in order to protect the water supply.  The State is also sampling
private groundwater wells within a four-mile radius of the plant.  
While most of the fly ash deposited in the water sank, there was a lighter, inert part of
the fly ash that floated.  It is a hollow, sand-like material that is actually collected and
sold for use in a variety of products, including cosmetics, bowling balls, and fillers.  We
have dispatched more than 12,000 feet of boom skimmers to collect and dispose of this
material.
 
Soil quality 
Our next focus was on the material deposited offsite.  The ash material is not classified
as a hazardous waste under the standards of the Environmental Protection Agency.  It is
not classified as a carcinogen and it is not combustible, but it does contain trace
amounts of metals.  Regardless of the inert nature of fly ash, however, it is meant to be
contained, and we are committed to cleaning it up.  
One of our first actions was to test and characterize exactly what was in the material that
moved offsite and compare it to historic data on the content of storage cells.  Preliminary testing of the offsite soil samples shows, as was expected, that metals are well below
the limits for classification as a hazardous waste.  They are 10 to 100 times below the
limits for metals.  The trace concentrations of metals in the offsite material sampled are
consistent with and generally lower than that of the historic sampling results from the
storage cell.  The data shows that the concentrations of most metals in the deposited
ash are not dramatically different from concentrations found in natural, non-agricultural
soils in Tennessee, with the exception of arsenic.  Total arsenic results were above the
average that occurs naturally, but well below levels found in soils that are well-fertilized
and significantly below the limits to be classified as a hazardous waste. 
 
Air Quality
Now that I've addressed the water and the soil, let me turn to the air we breathe. 
Breathing particulates - fly ash or any other airborne particulates - over long periods of
time can, however, irritate the respiratory system.  For that reason, we are taking
measures to keep the ash residue damp and monitor the air quality in the area.  We
have begun spreading grass seed and fertilizer over the area as part of our immediate
actions to minimize dust and erosion.  This process is similar to the one used by
highway departments to provide ground cover.  Prior to this action, we began real-time,
hand-held monitoring of air quality and established fixed air monitoring locations.  More
than 700 real-time monitoring points have been logged, and air monitoring takes place
24 hours a day at five fixed stations located in residential areas near the plant and on-
site.  The most recent results show that concentrations of air particulates remain below
levels established by the National Ambient Air Quality Standards. 
I know that technical data and monitoring equipment do not make the human emotions
and the physical effects of this incident go away.  But I hope that the results of the
preliminary environmental data and the objectivity provided by multiple agencies and
certified labs will help reassure members of the public and address their concerns. We
are sharing the information with the public as it becomes available.  
 
Recovery Efforts
On the operations side, we have moved into the important recovery phase.  About 275
surface acres were impacted, and cleanup and recovery efforts are under way.  These
efforts are being conducted under the watch and with the assistance of other concerned
Federal and state agencies.
Starting on the day of the incident, we put equipment and personnel in place to
immediately begin placing barriers to minimize the movement of ash and to begin clean
up.  Those crews have been working around the clock since then.  Each day, we make
progress on removing the ash from two local roads.  One road is still closed to public
traffic but has been cleared sufficiently for use by construction equipment.  We are
creating a 100-foot buffer between the road and the remaining fly ash.  The damaged rail
track has been removed, and reconstruction on the track has begun.   
We are also constructing two weirs, one underwater and one above water, in the
affected area to let water flow continue while trapping the ash material so it does not
move down stream.  The first weir is underwater and is almost complete.  It spans
approximately 615 feet across the Emory River, just downstream of the failure, to further
contain the ash.  The second weir is in design and is essentially a dike; it will be
approximately 2,000 feet long and located at the site of the failure.  When complete, it
will confine the largest body of the ash and keep it from entering the river during the
process of dredging the river.  Dredging may occur wherever there is ash; the U.S. Army
Corps of Engineers will approve the dredging plan while TVA is responsible for the
dredging.  The Corps also provides underwater river mapping contour information and
has provided new contour information to us subsequent to the failure.  For public safety
while recovery operations are under way, the U.S. Coast Guard has closed
approximately 4 miles of the Emory River to navigation, except for vessels involved in
the sampling and recovery operations.
Now that we have entered the recovery phase, we are turning our attention to a long-
term plan for full recovery and restoration.  I cannot tell you at this point how long this
might take, but we are planning to work with area residents and public officials to
develop sound plans and to keep them informed as we move forward.  We are beginning
an independent, in-depth root-cause analysis to determine why the ash pond dike failed. 
And, as our work continues, public safety and the safety of our employees at work on the
job are paramount.
 
Continuing Commitment
TVA has been part of the Kingston and Roane County community since 1951, and for its
first decade of operation the Kingston plant was the largest of its kind in the world.  The
300 TVA employees who live and work in the area care deeply about their community. 
We will continue to reach out to Roane County residents over the coming weeks,
keeping them informed of our activities, and making sure they have the information they
need.  We will continue working, as well, with federal, state, and local elected officials
and agencies, and with you and other members of Congress.  
Since being established by Congress in 1933, TVA has served the people of the
Tennessee Valley region and our nation, generating and delivering the electricity
required for a stronger economy and brighter future.  
 At TVA, we take seriously our mission of providing electricity, environmental
stewardship, and economic development to the Tennessee Valley region.  The quality of
life in the Valley region and the natural beauty of the region and its rivers are special to
all of us at TVA, and we are committed to restoring and protecting these resources.
As we make progress toward restoration, we will also share information and lessons
learned with those in regulatory roles and with others in our industry, for everyone's
benefit.
As I stated at the beginning of my comments here, TVA will do a first-rate job of
containment and remediation of the problems caused by the spill.  We are going to be
able to look our neighbors in the eye and say that TVA is doing the right thing.
Thank you for the opportunity to provide this report on our continuing recovery efforts,
and I look forward to your questions.
 

So, C-SPAN is Showing Daschle's Confirmation Hearings

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Instead of Southern Alliance for Clean Energy Executive Director Stephen Smith's testimony about the coal ash spill, which is completely understandable. So here's an SACE press release sent out this morning:

Dr. Stephen Smith to Testify During TVA Coal Ash Hearing 
Says TVA Lacks Accountability, But Remake of Utility is Needed in 21st Century

Knoxville, Tenn. (Thursday, January 8) - Dr. Stephen A. Smith, executive director for the Southern Alliance for Clean Energy, will testify before a Senate committee today, providing information about the Tennessee Valley Authority's failure to react adequately following the recent coal ash spill, Dec. 22. Dr. Smith plans to call on elected officials to classify coal ash as a hazardous waste, and ask for heightened accountability for TVA.

"I have witnessed the betrayal that members of this community feel; TVA has unleashed devastation on the very watershed and communities it was created to protect," said Dr. Smith. "Given the evidence of short term cuts taken by the TVA to fix the warning signs of this disaster, it is clear that this was a man-made disaster."

The U.S. Senate Committee on Environment and Public Works will conduct the "oversight hearing on the TVA and the Recent Major Coal Ash Spill" at 10 a.m. today. Accompanied by five members of the Harriman, Tenn. community, Dr. Smith will also focus on the national implications of this disaster.

"In 2000, EPA shirked its responsibility by not regulating coal ash as a hazardous waste, and today, EPA can not fully account for the hundreds of millions of pounds  of coal ash generated in our country every year," said Dr. Smith.

In calling for regulating coal ash, Dr. Smith will recommend the following actions during today's testimony:

- The phase-out of all toxic coal ash wet storage
- The immediate inspection and monitoring of all toxic coal ash storage and disposal units
- Federal regulation of all toxic coal ash storage and disposal by 2010

Dr. Smith plans to call on members of the community and elected leaders to remake the Tennessee Valley Authority, creating a more responsible and progressive utility for ratepayers.

"TVA was born out of crippling economic times.
  As we find ourselves again in difficult times, this is an opportunity to remake TVA as an affective utility in the 21st Century," said Dr. Smith. "TVA must be a living laboratory modeling a clean energy future heavily invested in energy efficiency, renewable energy and smart-grid technology."

###

Christina Connally Honkonen
Communications Manager

Guess Who's Picking Up the Spill Bill

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Yep, that's right. From AP, via Knoxnews.com:

The tab for a toxin-laden ash flood at a coal-fired power plant in Tennessee could reach hundreds of millions of dollars, and ratepayers for the nation's largest public utility will probably be stuck with the bill.

The total cost of cleaning up last month's accident isn't yet clear, but the bill will be staggering. Extra workers, overtime, heavy machinery, housing and supplies for families chased from their homes and lawsuits are among the costs that are piling up.

And with few other places for the Tennessee Valley Authority to turn to cover the costs, the utility's 9 million customers in Tennessee and six surrounding states will bear the brunt in higher electricity rate hikes in the future, TVA Chairman Bill Sansom told The Associated Press on Wednesday.

"This is going to get into (electric) rates sooner or later," Sansom said. "We haven't even thought about going to Washington for it."

In related but less depressing (sorta) news, Erin Brockovich is gonna be in Lenoir City today. Check in for updates.



Class Action Suit Against TVA

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From KnoxViews:
This just in, Knoxville law firm Ball & Scott, Hausfeld LLP in DC, and attorney Bruce Fox in Clinton have filed a class action today in U. S. District Court in Knoxville against TVA on behalf of riparian landowners on the Emory & Clinch Rivers under a private nuisance theory.


The Worst Coal Ash Polluters

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The Environmental Integrity Project released a report today detailing what it calls the 50 "Worst Polluters" among facilities that store coal ash in surface impoundments. 

The report, which can be found here, details the amounts of arsenic, chromium, lead, nickel, selenium, and thallium these coal-burning plants dumped between 2000 and 2006. 

Highlights:
Kingston appears in five of the six top 50 lists. It did not, however, report dumping thallium, even though thallium has been found at the site after the spill, leading EIP director Eric Schaeffer to stipulate that TVA has neglected to report the presence of the toxic heavy metal. 

Here's where Kingston ranked otherwise. 

Arsenic: No. 20, 312,000 pounds
No. 1: The Stanton Energy Center, Orlando, Fla. with more than 3.5 million pounds. 

Chromium: No. 16, 583,000 pounds
No. 1: The J.M. Stuart Station, Manchester, Ohio, with 1.5 million pounds

Lead: No. 21, 331,000 pounds
No. 1: Stanton Energy, Orlando, 1.3 million pounds

Nickel: No. 20, 495,000 pounds
No. 1: Stanton, Orlando, 12.3 million pounds

Selenium: No. 15, 45,000 pounds
No. 1: The Pennsylvania Power Company's Bruce Mansfield Plant in Shippingport, Penn., 167,494 pounds

"This does point to a really inexcusable lack of regulation of this type of disposal," said Schaeffer today in a teleconference, calling on the EPA to tighten regulations on coal ash and coal ash disposal. He added that unlined ash storage presents two potential risks, one being the kind of disaster we've seen at Kingston. The other more insidious.  
"You can also have a slow poisoning," of the surrounding ecosystem, he said. "We think that's already happening."

How did it get to this?

"In 2000, the EPA decided that coal ash must be regulated," said Lisa Evans, an attorney for Earth Justice. "Yet today, almost nine years later, the Bush EPA has made almost no progress toward regulating coal ash."
Evans pointed out that all the data in the report came from the EPA's own Toxics Release Inventory
"It's obvious from the data we're presenting today that the EPA has ignored its own voluminous data on coal ash," she said.  "This all adds up to a gaping hole through which this toxic ash can roar, as we've seen here."
Evans said that there is "a potential disaster in every state where coal ash is burned."
"The tragedy in Tennessee tells a story that an industry without regulation can run amok."

Major South Waterfront Developer Pulls Out

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Brian Conley will not be building the RiverWalk Landing, according to Josh Flory over at Property Scope. 
TVA CEO Tom Kilgore spilled a billion gallons of "we're not quite sure yet" on the residents of Harriman at a public meeting in the Harriman United Methodist Church tonight. 
Highlights:
The big question on everyone's mind tonight was, 'Just how bad is this stuff?' following discussion in the media as to whether fly ash should be considered a hazardous material by the EPA.
Harriman resident John Hoag and others at the meeting even tried to argue Kilgore into calling it a hazardous waste.
"The EPA does not consider fly ash a hazardous waste," Kilgore said.
"Do you?" asked Hoag.
"I do not."
Which, of course, raised the question, "Why are we so worried about it?" This prompted a metaphor.
"When I open up a bag of cement to use in my house, that's not a hazardous material. That doesn't mean I want to breathe it in."

Kilgore also outlined TVA's three-step plan for dealing with the Kingston spill.
Step one: Outreach and Containment.  Okay, that's what they're doing now.
Step two: Reclaiming the ash from the rivers and getting it into TVA control. Makes sense, right?
And finally, step three, the one everyone's been waitng to hear about. Here it comes everybody!
"What are we gonna do with it permanently?" Kilgore asked the rapt audience. "I don't know yet."
YES! JUST THE SOLUTION WE NEE...Wait. What?

One of the final questions came from a member of the watchdog environmentalist group United Mountain Defense, which has been sort of a proud thorn in the TVA's side since this all began. UMD will be offering heavy metal screening for interested area residents. The problem, of course, is that they're gonna cost $500 a pop.
"Is TVA going to pay for these tests?" the man asked Kilgore.
"Come down to our outreach office [in Kingston], and our representatives will speak to you and make that determination," Kilgore said.

p.s. Driving conditions getting out to Harriman tonight were awesome.



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