Category: Fall 2005 Newswire
Energy Commission Will Consider Alternatives to LICAP
By Mandy Kozar
WASHINGTON, Oct. 26-New England energy officials have been given an opportunity to offer alternatives or amendments to the controversial proposal that would allow energy suppliers to increase rates in areas of high demand and low supply. Critics say the plan would cost Connecticut residents more than $500 million in the first year without a guarantee of improved service.
The Federal Energy Regulatory Commission appointed an administrative law judge last Friday who will oversee efforts to reach a settlement on the proposed system, known as LICAP, which stands for Locational Installed Capacity. The money gained from the rate hikes, according to the plan, would be used to build new plants that would increase production and reliability.
With its increasing demand for energy, southwest Connecticut is one of the most critical areas in terms of power supply. However, according to state energy officials, until new transmission lines are put in place, there would be no reason for new plants to be built.
“This order gives the region an opportunity to develop a workable alternative to LICAP,” energy commission chairman Joseph T. Kelliher said in a news release. “I urge the parties to dedicate themselves to that end and reach a settlement.”
Since it was introduced in 2004 by the not-for-profit Independent Service Operator (ISO) for New England, the system has been criticized by energy officials and politicians as too expensive and providing no guarantee of improvement or reliability in energy service.
The forum for settlement talks is, according to the commission, an opportunity for alternatives to be presented and discussed to find the best plan to establish a reliable and efficient power supply in New England.
“The commission’s role is to decide whether the proposal is just and reasonable and not unduly preferential and discriminatory,” said Bryan Lee, spokesman for the federal agency.
According to the federal order, Lawrence Brenner, the settlement judge, will hold the first conference Nov. 8 to discuss alternatives.
Groups on both sides of the argument said they welcome the settlement talks to facilitate development of the best plan for New England.
“We believe that settlement is the best means of resolving and implementing an effective capacity market in New England,” Ken McDonnell, spokesman for ISO New England, said.
Democratic Senator Joseph Lieberman is among the Connecticut lawmakers who oppose the rate plan. He said in a news release that he supports the settlement talks as a way to find an alternative to ISO New England’s proposal and is happy the commission has appointed a judge to move the proceedings along.
“The current LICAP proposal by FERC results in totally unacceptable high rates of electricity to Connecticut consumers and businesses,” Lieberman said. “It is my sincere hope that the settlement process may lead to consideration of all the various alternatives to LICAP and a better outcome for Connecticut.”
During oral arguments on Sept. 20, roughly five alternative plans were proposed by opponents, who argued that ISO New England’s plan was not practical for all areas of New England.
According to ISO New England, however, all regions were considered in their proposed system, which the service operator developed over a period of two to three years.
“LICAP was developed with the interests of every area of New England in mind.” McDonnell said. “So yes, we believe that for all segments including southwest Connecticut, that LICAP is the best solution that’s been offered so far, but at this point we welcome the settlement talks.”
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Sununu Calls for Spending Offsets
WASHINGTON, Oct. 25 - Seven Republican Senators, including New Hampshire's John Sununu, proposed Tuesday that $125 billion be cut from federal spending over the next two years to offset the billions of dollars being spent on hurricane relief efforts.
Among other cuts, the group proposed eliminating all earmarked funds, totaling about $24 billion, in the recently passed transportation bill.
"We ought to be willing to set priorities," Sununu said at a press conference on Capitol Hill. "We ought to be willing to make some tough choices."
With $69 million, New Hampshire has fewer transportation earmarks-money included in the bill for specific projects in addition to the formula-driven general federal highway and transit aid-than any other state. The state would continue to get about $778 million over the next five years.
The earmarks include $20 million for construction, widening and structural improvements of Little Bay Bridge in Portsmouth, $5.2 million to improve Route 110 in Berlin, $3.6 million to realign an intersection in Claremont and $1.6 million to construct a park-and -ride facility on I-93 in Londonderry.
"Now is a time to do the difficult but imperative job of distinguishing between needs and wants," Sununu added in a press release. "Although many in Washington may think otherwise, the federal government's resources are finite."
The seven Republicans, who call themselves the Senate Fiscal Watch Team, also proposed a five percent reduction in all non-defense, non-homeland security discretionary spending, as well as the creation of a one percent contingency fund that could be used for programs that are cut and later deemed necessary.
Under the proposal, the senators also recommended a temporary delay in the implementation of the Medicare prescription drug program except for low-income senior citizens, requiring the other recipients to pay higher Medicare Part B premiums in 2006 rather than 2007 and a freeze in annual cost of living adjustments for all non-military, non-law enforcement federal employees and members of Congress.
"All of us feel that the people down in the Gulf Coast who were so severely affected by both Katrina and Rita, they deserve help," Sen. John Ensign of Nevada said at the press conference. "What we want to do is combine that compassion with responsibility for our children. We do not want to hand this debt off to the next generation."
The other members of the Senate Fiscal Watch Team are Sam Brownback of Kansas, Tom Coburn of Oklahoma, Jim DeMint and Lindsey Graham of South Carolina and John McCain of Arizona.
In addition to spending cuts, the senators voiced their support for Brownback's proposed legislation to create a bipartisan Commission on the Accountability and Review of Federal Agencies that would seek to identify wasteful and outdated government programs. The commission, which would exist for a limited time and draft legislation for Congress' review, would be patterned after the Base Realignment and Closure Commission that reviews military bases.
While confident the proposed spending cuts would significantly offset Katrina relief, the group recognized that challenges lay ahead.
"This is going to be a long, hard, tough fight," McCain said at the press conference.
New Hampshire Native Son Going to China as Foreign Service Officer
WASHINGTON, Oct. 21 - Because his father was in the Foreign Service, David V. Muehlke of Woodstock, N.H., was born in Thailand and lived abroad for most of his young life. He has always seen himself as someone who has moved back and forth between two different worlds.
When the 23-year-old Harvard graduate was sworn in to the Foreign Service himself at the State Department on Friday, he said that the experience of being raised overseas, combined with his New Hampshire roots, would aid him in his mission to represent America while living and working in the international community.
"My family is deeply rooted in new Hampshire," said the Phillips Exeter alumnus. "We have a unique tradition there in general when it comes to politics. I've also spent time overseas, so I hope to bring a unique and creative perspective in representing the United States."
Muehlke, who said he speaks functional Mandarin Chinese, will soon be moving to Guangzhou, China, where he hopes to learn the ropes as a Foreign Service Officer by assisting with the adoption of Chinese children by American families.
Muehlke is one of 96 members of the 126 th Foreign Service Officer Class from the State Department's Foreign Service Institute, the primary institution for training American diplomats.
Upon completion of a seven-week Foreign Service course, Muehlke and his classmates were sworn in at their graduation ceremony on Friday by Robert Zoellick, the deputy secretary of State, who welcomed them as the next generation of American diplomats.
"It is easy to recognize the challenges you will face," Zoellick said in his speech to the class. "But you have been given an extraordinary gift and opportunity to represent the United States."
With classmates from all walks of life and professional backgrounds, ranging in age from 23 to 50, Muehlke said he was impressed by the expertise his peers brought with them. An expertise which he said was crystallized by one event: the collapse of a platform during their training.
"We were all standing on it and the foundation collapsed," he said. "Some people were injured. But we knew how to respond in the crisis. Some of the class had medical training and military training; we all handled the situation very well."
In his final remarks, Zoellick stressed to the class that they not ignore the domestic structure of American politics or forget about the issues and people back home. It was a challenge Muehlke said he was prepared to meet.
"The challenge in Foreign Service is to live in the world internationally but never forget who we are as Americans," said Muehlke. "I've been doing that my whole life."
Two Competing Immigration Reform Plans Being Considered
WASHINGTON, Oct. 20-Helena Marques, executive director of Greater New Bedford Immigrants' Assistance Center, hears stories she describes as horrendous.
The illegal immigrants who call her for assistance tell of paying large sums of money to human smugglers or walking for days upon days in the wilderness, just to get into the United States.
When they arrive-many from Guatemala or Brazil-they are often the victims of scam artists promising working papers or green cards, Marques said. They find what jobs they can, working in fish factories or restaurants, often for wages below the federal minimum.
"No one else wants to do their work because they are working jobs that no one who is legal in the United States wants to do," Marques said. "At any time they can be picked up by immigration, and a lot of them are living in fear."
Illegal immigrants like those in the SouthCoast region represent an increasingly thorny problem for legislators. While increased enforcement of existing laws could improve national security, many employers insist that undocumented workers-a population of more than 10 million, according to Pew Hispanic Center estimates-fill low-earning jobs that no Americans will take.
"There are a number of industries that are suffering from chronic worker shortages, and it is expected to worsen," said Deborah Knotkin, president of the American Immigration Lawyers Association. "Employers need these workers. Badly."
Two competing immigration reform plans, receiving widespread attention this week, are attempting to address the situation.
"The good thing about both bills is that they realize that this problem can't get fixed with an enforcement-only measure," Knotkin said.
Sens. Edward Kennedy (D-Mass.) and John McCain (R-Ariz.) have introduced a bill that aims to improve border security, establish a temporary worker program by which new immigrants could legally seek jobs in the United States and create opportunities for undocumented workers to pay penalties and become legal residents.
Kennedy said that it was important for any legislation to look beyond simply strengthening border control.
"We have spent $20 billion in the past 10 years on enforcement, and it isn't working," Kennedy said during a joint appearance with McCain at an immigration reform conference at the U.S. Chamber of Commerce on Tuesday.
Reps. Jim Kolbe (R-Ariz.), Jeff Flake (R-Ariz.) and Luis Gutierrez (D-Ill.), have introduced the same legislation in the House.
An alternative bill, sponsored by Sens. John Cornyn (R-Texas) and Jon Kyl (R-Ariz.), contains similar programs. In their bill, however, undocumented immigrants would be allowed to get guest worker permits but, before applying for legal residency, would be required to return to their home countries when the permits expired.
The McCain-Kennedy legislation would require undocumented immigrants to pay a fine of $2,000 but would allow them to stay in the United States while they apply for citizenship.
The President has proposed a plan with a requirement similar to the Cornyn-Kyl bill.. Homeland Security Secretary Michael Chertoff and Labor Secretary Elaine Chao defended the administration proposal at a Judiciary Committee hearing on Tuesday.
This provision could cause problems for undocumented immigrants whose children were born here and are therefore American citizens, or whose children came to the United States at such a young age that they do not remember their home country, Knotkin said.
Marques said that this difference would be likely to make the McCain-Kennedy bill more appealing to illegal immigrants in greater New Bedford.
"I do not see that undocumented population going back to their countries and standing in line," she said. "They will definitely find the money to pay the fine."
The McCain-Kennedy bill has garnered support from more than 60 business, labor, religious and immigrant groups including the U.S. Chamber of Commerce, the National Immigration Law Center and the United States Conference of Catholic Bishops.
"The bill allows for greater access to legal entry, and it addresses the undocumented immigrant population here in a fair, humane manner," said Ali Noorani, executive director or the Massachusetts Immigrant and Refugee Advocacy Coalition, which also has endorsed the legislation. "By those two factors it increases our national security."
McCain said that it would be difficult to get the legislation passed this year, but both he and Kennedy expressed confidence that their plan would succeed.
"I'm convinced that we have an approach that is the right one, that ultimately will be accepted," Kennedy said. "We could really do something. that is in the interest of our national heritage."
Senate Again Rejects Low-income Heating Assistance
WASHINGTON-For the second time in two weeks, the Senate Thursday rejected a bill that would have increased funding for the federal fuel assistance that thousands of New Bedford area residents are expected to receive this winter.
"These actions in the face of one of the toughest heating seasons we've ever seen will do nothing but hurt the low-income and elderly population we serve," said Bruce Morell, executive director of People Acting in Community Endeavor, a local community assistance agency.
Last year, more than 9,000 households in the New Bedford area received federally funded heating assistance, and an additional 400 or 500 are waiting to apply for the coming winter, Morell estimated.
The measure, an amendment that would have increased funds for the Low Income Home Energy Assistance Program from $2.183 billion to $5.1 billion, was thrown out when a procedural move prevented the measure from being voted on.
On October 6, the same maneuver was used to avoid a vote on a nearly identical amendment to an earlier appropriations bill.
"It's time Washington stop playing games, get with the program, and start figuring out how we're going to keep the heat on for American families this winter," Sen. John Kerry said in a press release Thursday.
The average price for a gallon of heating oil in Massachusetts is currently $2.51, an increase of 30 percent over last year's price, according to data from the Energy Information Administration.
"The time to increase [low-income heating assistance] funds is now," Sen. Edward Kennedy said in a press release Thursday. "We will not give up the fight."
House Passes Bill Protecting Firearms Businesses from Lawsuits
WASHINGTON, Oct. 20 - The House voted on Thursday to forbid lawsuits against manufacturers, distributors and sellers of firearms for any harm that comes from illegal use of their products.
The measure, which the Senate approved in July, cleared the House, 283-144. It now goes to the White House for President Bush's signature.
The bill, known as the Protection of Lawful Commerce in Arms Act, would protect manufacturers, distributors, importers and dealers of firearms and ammunition from lawsuits based on the way guns were used by the end consumer. It also would protect firearms and ammunition trade associations from the same kinds of suits.
The legislation allows lawsuits against firearms companies or dealers if any of certain criteria are met: transfer of a gun in violation of state or federal law in which there was a conviction for the violation; a seller's negligence; a manufacturer or sellers knowing violation of state or federal laws in the sale and marketing of the product; a breach of contract or warranty; injury due to a design or manufacturing defect, or if the action was brought by the U.S. Attorney General.
In floor debate, supporters said that these exceptions would allow all legitimate lawsuits to go forward.
Rep. James Sensenbrenner (R-Wis.) said the bill "by prohibiting abusive lawsuits against the firearms industry, supports core federalism principles." He also noted that the firearms industry supplies the U.S. military and provides jobs to citizens.
Other supporters also expressed concern that lawsuits against firearms companies for crimes committed by third parties represent attempts to sue the industry out of existence.
Rep. John Salazar (D-Colo.) said the bill was "a commonsense measure to protect small businesses and preserve the second amendment."
One of the leaders of the opposition to the bill, Rep. Chris Van Hollen (D-Md.), said that since the majority of gun shops are law-abiding, this bill would serve only to protect those few who are not.
"Why don't we go about the business of passing legislation to protect the victims of gun violence rather than a handful of bad-apple dealers?" he said.
Many of the members who rose to oppose the bill said that the courts were already doing the job of dismissing frivolous lawsuits.
According to the Associated Press, about 20 pending lawsuits by local governments against the industry would be dismissed under the measure.
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New Hampshire Lawmakers Seek More Special Ed Funding
WASHINGTON, Oct. 20 - Three decades ago, Congress approved landmark legislation aimed at improving the educational opportunities for children with disabilities. But the law has never been funded to the level originally promised.
Now, the members of New Hampshire's congressional delegation are pushing for Congress to finally fully fund the program.
The 1975 Individuals with Disabilities Education Act promised that 40 percent of the additional cost of educating these students would come from federal funding. However the federal government has never funded more than 18 percent of the total cost in the 30 years since the act was passed. And from 1975 until 1995 the funding level actually hovered under six percent.
"There is no program that impacts local school districts more than the cost of special education," Congressman Charles Bass (R- N.H.), a long time advocate of increased federal funding for special education, said Tuesday. "This authorization mandate, passed so many years ago in Congress, is still valid and needs to be met -- the promise needs to be kept. If there ever was an unfunded mandate that has not been met it is this one in terms of both its cost as well as its importance."
Jamie Hopkins, the president-elect of Council for Exceptional Children, an international organization focused on improving education for students with disabilities, recently met with members of the House to discuss her concerns over the current low levels of federal funding for special education.
"It continues to put a great burden on school districts that end up having to take funds away from students in general education in order to pay for special education and that's very frustrating. Some children are missing out on what they need," Hopkins said Thursday. "It's really becoming very stressful to get the money in order to educate our kids."
Local school districts in New Hampshire have been forced to shoulder much more than the 60 percent promised in 1975. Bass reintroduced legislation on June 30 to fully fund special education and ensure that the federal government would be paying the full 40 percent by 2011. The bill would mandate annual increases in the funding so that the federal government would have to meet its promise to local school districts.
"That would certainly have a significant impact on every school district in the state," Bass said Tuesday.
Under the leadership of Sen. Judd Gregg (R-N.H.), who then chaired the Senate education committee, Congress reauthorized the program in 2004, overhauling it and promising full funding by 2011. But even with the new legislation Bass believes that his additional bill will be necessary to get full funding by 2011.
"I have doubts that Congress will ever make that 40 percent number -- it's an elusive goal. The bill essentially sets a guaranteed schedule or plan to meet that goal," Bass said Thursday in reference to his June 30 bill.
Senators John Sununu (R- N.H.) and Gregg have both supported funding for the program in New Hampshire. Sununu, who served three terms in the House before being elected to the Senate, has played an integral role in funding increases from $2 billion in Fiscal Year 1997 to approximately $10.5 billion in Fiscal Year 2005 for the program, also known as IDEA..
"There is no greater priority for New Hampshire's schools than to fully fund the federal share of IDEA, and I will continue the fight to ensure Congress fulfills the commitment it made nearly 30 years ago," Sununu said in a press release Thursday. "When full federal funding of IDEA is achieved, local communities will once again be in the position to utilize critical local resources on important initiatives such as structural improvements to schools, technology upgrades, or to hire new teachers, rather than paying for the federal government's share of special education costs."
While there has been significant improvement, it is currently projected that the federal funding for special education for next year will not be more than 18.6 percent, not even half of what was promised in 1975.
"I know there are a lot of needs right now and Congress is really being pulled in many different directions as far as even helping pay for the victims of the hurricanes, but at the same time we're not talking about legislation that was passed just a couple of years ago," the Council for Exceptional Children's Hopkins said . "We've been going on for 30 years like this."
Gregg Wins $800,000 in Powerball
WASHINGTON, Oct. 20 - The chairman of the United States Senate Budget Committee came into some discretionary spending money of his own Thursday morning.
Senator Judd Gregg (R - N.H.) was one of 47 players of the Powerball lottery to match five of the numbers without the Powerball and win $853,492. He collected and deposited his money Thursday, but has still not decided what he will be doing with his winnings.
"I've always considered myself to be one of the luckiest people in the country just to be able to represent New Hampshire and now this has just sort of been confirmed," Gregg said in a conference call on Thursday.
Gregg, who said he purchased $20 worth of Powerball tickets when he was buying gas in Washington, D.C., on Monday, was just short of winning the entire jackpot. His Powerball number was 25 and the winner was 29. He let the machine choose the numbers and actually almost left one of his tickets at the gas station, but was aided by a woman working in the station.
"I was rushing around because I wanted to get down to the Capitol and she threw me the tickets and I started to walk out and she said, 'You forgot one of your tickets,' " Gregg recalled. "I'd only taken three of the tickets. She was very nice. She could have kept the ticket herself and for all I know that was the winning number."
Gregg, who discovered his winning numbers as he was reading the paper Thursday morning, says he plans to give some of the money to the Hugh Gregg Foundation, a charitable foundation established by his father. The foundation has given money to a variety of charities in New Hampshire including the Humane Society and Crotched Mountain Rehabilitation Center.
He and his wife are still deciding what to do with the remaining money. Thursday, in celebration of his win, he purchased lottery tickets for each member of his main staff.
"I guess that means I'm good with numbers," Gregg said. "Everybody in America believes in good fortune and a little luck and I'm no different than everybody else."
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LIHEAP Funding Increase Fails for a Second Time
WASHINGTON, Oct. 20--For the second time this month an amendment supported by most New England senators that has increased funds for energy assistance was defeated before it hit the Senate floor.
A group of senators, including John F. Kerry and Edward M. Kennedy, Democrats from Massachusetts, attempted on Thursday to attach $3.1 billion in funds for the Low Income House Energy Assistance Program to the transportation spending bill. The funds would supplement the $2 billion already allocated for the program, bringing its total funding up to the maximum of $5.1 billion allowed in this year's energy bill.
In early October an amendment to the defense appropriations bill was defeated. In both cases, the amendments were proposed as emergency funding, but failed to achieve the 60 votes required to waive normal spending rules.
Earlier this week Melissa Wagoner, a spokeswoman for Sen. Kennedy, said it didn't matter whether the amendment was germane to the bills to which they are attached because the funds were needed so much.
In a press release Thursday afternoon, Sen. Kennedy said, " It's shameful that the Republican leadership have decided to use a procedural maneuver once again to block emergency funding" for the program.
Sen. Kerry, "lead cosponsor" of the amendment, called a lack of support among Republicans "criminal negligence."
David Fox, executive director of the Campaign for Home Energy Assistance, was disappointed with the result but said he was hopeful that the heating assistance would eventually pass.
"We picked up three more votes," he said, referring to the 53 senators who voted to bring the transportation amendment to a vote, up from the 50 who supported the defense amendment early this month.
Mr. Fox suggested that senators may feel the upcoming Labor, Housing and Human Services appropriations bill would be a more appropriate vehicle for the amendment because the program is overseen by the Department of Health and Human Services.
April Boyd, a spokeswoman for Sen. Kerry, said the senators are attempting to get amendments passed instead of waiting for the labor and housing bill because "families need the money now, and Sen. Kerry doesn't want to wait." She said that Hurricane Katrina showed that government should not wait until a crisis to act, adding that Kerry would continue to "attach the amendment at any opportunity."
New Hampshire Republican Senator John Sununu was one of the new "yes" votes, making his New Hampshire GOP colleague, Sen. Judd Gregg, the only New England senator to vote against the transportation amendment.
A recent report by Boston-based consulting firm Fisher, Sheehan and Colton said Massachusetts has the second highest gap in the nation between the projected cost of heating a home this winter and what low-income families can afford to pay for energy. The report puts that gap at $1,786 for the winter. Last year Massachusetts' poorest energy assistance recipients received $730 in aid, Worcester Community Action Council Executive director Patsy Lewis said earlier this week.
Flood Damages Estimate Expected
WASHINGTON, Oct. 20 - An estimate of flood damage in Massachusetts should be available early next week, according to the Massachusetts Emergency Management Agency.
Assessment teams from the Federal Emergency Management Agency are reviewing damages in the affected areas to determine the level of federal assistance that will be needed.
"This is a very unique situation," said Peter Judge, spokesperson for the Massachusetts agency. "We should have some more information in about a week or so to so ??? which counties will be available for assistance. We currently have federal assistance in Bristol County, just in case the [Whittendon Pond] Dam does break."
Mr. Judge said that his agency was still waiting to hear about a federal declaration of emergency in the affected counties.
"Once the areas are fully assessed, FEMA will have an 800 number that people can call," Mr. Judge said. "Callers can get a registration number and make an appointment to have an inspector come out."
Earlier this week, the Massachusetts members of Congress, including Sens. Edward M. Kennedy and John Kerry and Reps. John Olver, D-Amherst, James McGovern, D-Worcester, and Richard Neal, D-Springfield, sent a letter to President Bush supporting Gov. Mitt Romney's request for a disaster declaration for the entire state.
"Flooding has forced thousands of residents from their homes and caused widespread property damage," the letter read. "High winds pose an additional hazard of potentially uprooting trees, causing further damage. Already, 75 communities have reported serious flooding, including 30 which have undergone evacuations."
Heavy rainfall in the past week has made water levels in the 173-year-old Whittendon Pond Dam increasingly threatening. The possibility of a collapse has forced the evacuation of 2,000 residents and has closed numerous schools and businesses.
Officials have been working feverishly in the past day to pump water out of the pond at a rate of about 30,000 gallons per minute.
