Santa Lucian • Nov./Dec. 2014 1 SANTA LUCIAN - Sierra Club · Santa Lucian • Nov./Dec. 2014 1 Protecting and Preserving the Central Coast SANTA LUCIAN I n s i d e PG&E’s scandalpower

Santa Lucian • Nov./Dec. 2014 1

Protecting andPreserving theCentral Coast

SANTA LUCIAN

IIIII n s i d en s i d en s i d en s i d en s i d ePG&E’s scandalpower 2

Your chapter ballot 3

The state of fracking 4

A LUCE win 7

Make Diablo cool it 10

Classifieds 11

Outings 12

Please recycle

This newsletter printed on100% post-consumer recycled paper with

soy-based inks

Nov/Dec. 2014Volume 51 No. 10

Santa LucianSanta Lucia Chapter of the Sierra ClubP. O. Box 15755San Luis Obispo, CA 93406

NONPROFIT ORG.U.S. POSTAGE

PAIDPERMIT NO. 84

SAN LUIS OBISPOCA 93401

Everyone is Onthe Wrong Sideof the Tracks

Don’t Miss:Nov. 11

Oil Train forumin Nipomo

- see page 7

Nov. 20Prairie!

Discovering the Great Plains

- see page 2

T h e o f f i c i a l n e w s l e t te r o f th e Sa n ta L u c i a C h a p te r o f t h e S i e r ra C l u b ~ Sa n L u i s O b i s p o Co u n t y, C a l i f o rn i a

[tell EPA] NO

A recommendation for county-wide sustainable groundwater

WATER continued on page 5

Water We Waiting For?

By Ross Hammond,U.S. Campaign Director, ForestEthics

Oil trains give new meaning to livingon the wrong side of the tracks. Thissummer ForestEthics released our blastzone map, an online tool that usesGoogle maps and rail industry data tolet you see if your home, school, oroffice is inside the one-mile evacuationzone in the case of an oil train derail-ment and fire. We used census data tocalculate that more than 25 millionAmericans live within this dangerousblast zone. In September, ForestEthics and ourpartners submitted detailed technicalcomments on the administration’sproposed new safety standards for oiltrains. The standards miss the mark inmany ways, but there are five immedi-ate actions the administration needs totake to fix these proposed rules beforethey finalize them next year:

1) An immediate ban on the transportof crude oil in dangerous DOT-111 railcars. The proposal gives the oil and railindustry as long as seven years to takevolatile tanker cars off the tracks. In1991 federal rail safety officials firstdeclared these tanker cars unsafe tocarry crude oil because they too easilyderail, spill, and catch fire. Seven yearsis far too long to wait to remove railcars that have been called the FordPinto of the rails. That’s why we’resuing the Obama administration to takethose cars off the rails right now.

2) Provide an accurate assessment ofthe risks and consequences of crude oil

Coming our way An ethanol train derail-ment in Rockford, Illinois.

TRACKS continued on page 7

On September 16, Governor Brown signed the Sustainable Groundwater Management Actinto law. On October 8, North County Watch and the Santa Lucia Chapter of the SierraClub sent the following letter to the SLO County Board of Supervisors.

TO: County Board of SupervisorsRE: 10/14/14 Water Summit

Dear Supervisors,

The Groundwater Sustainability Act offers challenges and opportunities for theCounty. The new groundwater legislation directs local agencies to establish aGroundwater Sustainability Agency, offering unprecedented tools to managegroundwater resources. The County Flood Control and Water ConservationDistrict has over 65 years of experience meeting challenges of managing thecounty’s groundwater resources. Now that the job just got much easier, now is thetime to take this opportunity to use the new tools provided and put that experi-ence to work.

The opportunities before us will not be realized if the County allows the manage-ment of these basins to be parceled out to numerous, newly created small,inefficient, inexperienced districts rather than taking on the challenge of becom-ing the Groundwater Sustainability Agency for these various basins. At the July 8Board hearing on an ordinance focusing on water neutrality, Supervisor Mechampointed out the importance of a comprehensive, unified approach to groundwatermanagement when he stated that he would support an ordinance requiring waterneutrality if it applied to the whole county, not just portions of the county.

California Department of Water Resources interactive mapping identifies 21water basins in San Luis Obispo County.* A few are shared with neighboringcounties. Each basin contributes to the unique environment, economic health, andagricultural resources of the county.

The County should move to designate itself the Groundwater SustainabilityAgency for basins that are not under adjudication. In the case of the Paso RoblesBasin, the County should not move to devolve authority over the basin. The newstate legislation has changed the reality on the ground. You have a new mandateand new authority. Before you decide to form a new district, starting with thePaso Robles basin, we urge you to look down the road and answer the question:Why should the County not be the managing authority for all of the basins in itsjurisdiction?

The best option for groundwater management is at hand: Declare the County tobe the Groundwater Sustainability Agency. If future Boards decide they wouldrather not manage our groundwater resources, there is always the option offorming a new district and handing the basin to a new authority.

Moving Toward SustainabilityA few proposals for water management

Rather than take the above advice attheir October 14 meeting, the Supervi-sors made the fundamentally irrational

If a formation vote succeeds, the newdistrict would put a burden on ruralresidents – responsible for only 3percent of water use over the basin —to fund a new overlay of government,which would be rendered redundant bya Groundwater Sustainability Agency. Having decided to pursue a separatedistrict for the Paso basin, the County’sobligations and opportunities with therest of the basins remain. Will theCounty meet those obligations andseize those opportunities? History is not encouraging. All the

decision to apply to the Local AgencyFormation Commission for a separatePaso Robles Groundwater District. Inso doing, the county has likely de-layed by up to two years any mean-ingful action to balance the PasoRobles basin. After the application isgranted, a formation vote for thedistrict is likely to fail, as many ruralresidents, who comprise the majorityof landowner votes, are aware that thedistrict is designed to benefit com-mercial agriculture at their expense.

*Los Osos Valley, San Luis Obispo Valley, Santa Maria River Valley, Cuyama Valley, Carrizo Plain,San Carpoforo Valley, Arroyo de la Cruz Valley, San Simeon Valley, Santa Rosa Valley, Villa Valley,Cayucos Valley, Old Valley, Toro Valley, Morro Valley, Chorro Valley, Paso Robles Area, Rinconada

Valley, Pozo Valley, Huasna Valley, Rafael Valley, Big Spring Area.

Wik

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ia

2 Santa Lucian • Nov./Dec. 2014

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Outings, events, and more!

Santa Lucian

EDITORGreg McMillanLindi DoudLinda SeeleySandy SimonEDITORIAL COMMITTEE

The Santa Lucian is published 10 times ayear. Articles, environmental information andletters to the editor are welcome. Thedeadline for each issue is the 13th of theprior month.

send to:Editor, Santa Lucianc/o Santa Lucia Chapter, Sierra ClubP.O. Box 15755San Luis Obispo, CA [email protected]

Santa Lucia Chapter

2014 Executive CommitteeMichael Jencks (12/15) CHAIRPatrick McGibney (12/14) VICE CHAIRLinda Seeley (12/14) SECRETARYPat Veesart (12/16) MEMBERLindi Doud (12/14) MEMBERGreg McMillan (12/16) MEMBERVictoria Carranza (12/15) MEMBER

Greg McMillan COUNCIL OF CLUB LEADERSLindi Doud, Patrick McGibney TREASURERS

Committee ChairsPolitical Michael JencksConservation Sue HarveyDevelopment Greg McMillanNuclear Power Task Force Rochelle Becker

Climate Change Task Force Heidi Harmon [email protected] Leaders

CNRCC Delegates Linda Seeley, alt: Greg McMillan John Burdett

Calendar Sales Bonnie Walters 805-543-7051Outings Joe Morris [email protected]/Kayak openWebmaster Monica Tarzier [email protected] Guide Gary Felsman

Chapter Director Andrew Christie 805-543-8717 [email protected]

Andrew Christie

[email protected]

[email protected]

Printed by University Graphic SystemsCal Poly, San Luis Obispo. Mailingservices courtesy of Silver Streaks.

Office hours Monday-Friday,1 p.m.- 7 p.m., 974 Santa RosaStreet, San Luis Obispo

The Executive Committee meetsthe second Monday of every monthat 5:30 p.m. The ConservationCommittee meets the secondFriday at 1p.m. at the chapter office,located at 974 Santa Rosa St., SanLuis Obispo. All members arewelcome to attend.

Coordinator Kim Ramos, Admin and Development [email protected]

Santa Lucia ChapterP.O. Box 15755San Luis Obispo, CA 93406

Denny MynattPRINT MEDIA COORDINATOR

Sierra Club, PO Box 421041, Palm Coast, FL 32142-1041

2500

search: “Santa Lucia” and become our friend!

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Linda Seeley [email protected]

Assistant CoordinatorVictoria Carranza, [email protected]

Sierra Club85 Second St., 2nd FloorSan Francisco, CA 94105-3441

Though comprising onequarter of North Americaand stretching acrosstwelve states, the GreatPlains ecosystem is terraincognita to mostCalifornians. OutingsChair Joe Morris willintroduce us to a world ofgrasslands, farms, cowboycountry, and historic smalltowns close to nature fromhis sojourns there, rarelyseen by drivers speedingby on the interstates. Protracted droughts, the receding Ogallala Aquifer, andthe controversy over the Keystone Pipeline have environmental lessons toteach us all. A screening of the acclaimed documentary, “The Great Plains: America’sLingering Wild,” will follow, depicting the wild prairie that remains and thepeople working to keep it alive.

Steynberg Gallery, 1531 Monterey St., SLO. Info.: Joe Morris, 549-0355.

In assessing risk and theprobability of a hazard, nuclearregulators like to talk aboutconfidence — whether it’s “wasteconfidence,” or the confidencelevels in probabilities derived fromthe model used to evaluatethe risks associated with a complextechnology, or confidence regionsfor the location of seismic events. Unfortunately, there is no formulafor assessing a level of confidence inthe risk of a regulatory scandal. As PG&E seeks deeper into themire of felony charges and scandalspreading out from the San Bruno gaspipeline explosion and the utility’sefforts to escape liability, one of thelast bulwarks manned by advocates forthe continued operation and relicensingof the Diablo Canyon Nuclear PowerPlant has been the idea of the separa-tion of the company’s gas and nuclearoperations. The theory goes that themultiple criminal indictments againstthe utility charging widespreadnegligence, safety violations, relianceon information they knew to beerroneous and incomplete, etc., do notnecessarily reflect on operations atDiablo Canyon because the nuclearpower plant is managed by a differentdivision within the utility. (See “AboutThose Felony Indictments…,” July.) This theory of separation has beensorely tested by the judge-shoppingscandal in the San Bruno case, asdisclosed by a cache of e-mails reveal-ing inappropriate “ex parte” discus-sions of the case between PG&E exec-utives and California Public UtilitiesCommission officials. The disclosuresresulted in a public storm of protestand the announcement by PublicUtilities Commission PresidentMichael Peevey that he will step downat the end of the year. Brian Cherry, then PG&E’s VicePresident of Regulatory Relations, wasat the heart of the judge-shoppingscandal and the author of the May 31,2010, email that provided the textbookdefinition of inappropriately closerelations between a regulatory agencyand the entity it is ostensibly regulat-

No ConfidenceIs PG&E’s culture of scandal lapping up at Diablo Canyon?

ing. In that e-mail, Cherry relates toPG&E’s Senior VP of RegulatoryAffairs that he “polished off twobottles of good pinot” with PUCPresident Peevey the previousevening while they proceeded to“delve into some work matters,”including Peevey’s concern aboutPG&E’s need to “repair fences withopponents” and come up with a“communication strategy for gettingback in the public’s good graces”after the p.r. debacles of San Brunoand Proposition 16, PG&E’s $50-million attempt to kill off competi-tion from communities that want toutilize Community Choice Aggrega-tion (CCA) to buy their own energyfrom clean, renewable sources.Peevey assured Cherry that he“doesn’t really support CCA” andhit him up for a $100,000 donationto the PUC’s 100th anniversarycelebration. Cherry said “we arelooking for a good [San Bruno]decision” and related that Peeveythen told him PG&E could “expect adecision in January – around thetime of the PUC’s 100th anniversarycelebration. I told him I got themessage.” Mark Toney, executive director ofThe Utility Reform Network, saidthat the full cache of Cherry’s e-mails showing how intensely PUCstaff were lobbied by PG&E to gettheir preferred judge made it clearthat “PG&E had a personal shopper

NO CONFIDENCE continued on page 9

Prairie! Discovering the Great Plains

Sierra Club General Meeting7 p.m., Thursday, November 20


This is Your Ballot for the 2015Chapter Executive Committee

BALLOTSanta Lucia Chapter Election - 2015 Executive Committee

Mark an “X” or checkmark in the box next to the candidate’s name. Vote forthree or fewer candidates.

Members who subscribe to the electronic newsletter may print out this ballot.Households with more than two members may make duplicate ballots.

Do not write your name on the ballot.

Write your return address on the envelope. Sign and date your envelope overthe sealed flap.

Linda Seeley

Patrick McGibney

Lindi Doud

Place in envelope, sign the front of the envelope, and mail to :

Elections CommitteeSanta Lucia ChapterP.O. Box 15755San Luis Obispo, CA 93406

All current members of the Santa LuciaChapter are eligible to vote. If there ismore than one Sierra Club member inyour household, you may photocopy theprinted ballot and mail both in the sameenvelope. The winners of this electionwill start their terms when the outgoingExCom adjourns their December meet-ing. The ExCom will then convene abrief meeting to elect board officers andset the monthly date for ExCom meet-ings held in 2015.

VOTING INFORMATION· Vote for 3 or fewer.· Ballots must be received by 5 p.m., December 5, 2014, at the Chap- ter office.· Address the envelope per instructions on the ballot

and sign and date over the flap of the envelope. · Mail your ballot to our P.O. box address with suf- ficient time to arrive by the deadline, or drop it off via the door mail slot at the Chapter office at 974 Santa Rosa Street, SLO.

Making a 2014 Donation?Thanks! But do not wait until Christmas

When you receive our year-end appeal for funds, we hope you will choose to jointhe Cal French Circle of sustaining monthly donors and/or include your SierraClub chapter in your holiday giving. And if you do, please keep two importantthings in mind:

1) Donations to the Sierra Club are not tax-deductible; donations to the SierraClub Foundation are. To make a tax-deductible donation: Make out your check to“The Sierra Club Foundation,” and write “Santa Lucia Chapter” on the memoline. (If you are over 70 and have an IRA, you can meet your minimum distribu-tion requirement by making a tax-free charitable rollover contribution ofup to $100,000 directly from your IRA. Check with your tax advisor.)

2) All Sierra Club offices close for the holidays. The Chapter has to process yourcheck and send it off to the Foundation for deposit, so it’s a good bet that if youwait until the week before Christmasto send your check, it won’t bedeposited until after January 1st,turning your 2014 donation into a2015 donation as far as the IRS isconcerned.

Not now

Mail your check to:

Sierra ClubP.O. Box 15755San Luis Obispo, CA 93406

Send your check now

Richard AlbertsAnonymousJesse ArnoldJohn BecciaValerie BentzFrancois & Ellen BeraudElizabeth BettenhausenDavid & Naomi BlakelyRay & Sonya BrackenDuane & Sharon BudgeMahala & David BurtonJoan CarterDavid & Linda ChippingAndrew ChristiePhilip ChristieSarah ChristieCarol ChubTom & Mary ClineHarvey & Kathy CohonJohn ConnerleyDavid CoxKenneth CurtisThomas CyrJill Denton & Caroline HallMyra & Steven DouglassValerie & Leland EndresCal & Letty FrenchGeorge FrenchDavid & Carol GeorgiRichard GiffinHenriette GrootMarvin GrossMarilyn HansenLynne HarkinsSusan & Richard HarveyVL HollandJames & Charlene HoppStacey HuntRichard & Prisila JohnsonRandall & Sally Knight

Penny KoinesDr. Richard KresjaGeorge LewisMaria LorcaSteven & Jan MarxCarl Meissner Service ElectricPatrick McGibney & LindiDoudGreg McMillanVita MillerJoe MorrisRichard MortensenChristine MulhollandPaul & Barbara MurphyDenny & Kitty MynattMichael & Donna PhillipsWilliam & Deborah PowerBarry PriceKim RamosWilliam & Gail RandallRoy ReevesLinda ReynoldsSharon & Thomas RippnerWilliam & Sandra RumblerGar & Elizabeth SalzgeberCarla & David SaundersJohn & Julia SchutzLinda SeeleyJerry SpruillJerry StoverBert & Elaine TownsendCharles TribbeyPat VeesartKalila VolkovWilliam WaycottAlice WelchertMary Lou WilhelmKeith & Beth WimerEmily WorrellJoyce Zimmerman

We are almost halfway to our goal: the equivalent of $20per month from 300 people in automatic donations, theamount of steady monthly income the Chapter needs tocover our annual operating expenses and give us a securebasis on which to advocate for the protection of the naturaltreasure that is the Central Coast, working to protecthealthy ecosystems and the health of residents. You will shortly receive our year-end chapter fundingappeal, inviting you to get us the rest of the way there. A$20 monthly donation or lump sum annual donation of$240 gets you into the Cal French Donors Circle, joiningall these wonderful people (left). Membership in the CalFrench Circle confers special benefits in addition toknowing that you are a big part of the reason why theSierra Club can continue to work on behalf of the environ-ment of San Luis Obispo County. The easiest and fastest way to join is to go towww.santalucia.sierraclub.org, click the “Donate” button,and sign up for an automatic contribution of at least $20per month. Or you can set up a monthly donation with yourbank using their free “Bill Pay” service.

20 from 300: halfway there

Thank You, Cal French Donors Circle

What pains are taken to keep this wilderness inhealth—showers of snow, showers of rain,showers of dew, floods of light, floods of invisiblevapor, clouds, winds, all sorts of weather, inter-action of plant on plant, animal on animal, etc.,beyond thought! How fine Nature’s methods!How deeply with beauty is beauty overlaid!

John Muir, My First Summer in the Sierra


After California state regulators shutdown 11 fracking wastewater injectionwells last July over concerns that thewastewater might have contaminatedaquifers used for drinking water andfarm irrigation, the EPA ordered areport within 60 days. It was revealed yesterday that theCalifornia State Water ResourcesBoard has sent a letter to the EPAconfirming that at least nine of thosesites were in fact dumping wastewater

contaminated with fracking fluids andother pollutants into aquifers protectedby state law and the federal SafeDrinking Water Act. The letter, a copy of which wasobtained by the Center for BiologicalDiversity, reveals that nearly 3 billiongallons of wastewater were illegallyinjected into central California aquifersand that half of the water samplescollected at the eight water supplywells tested near the injection siteshave high levels of dangerous chemi-cals such as arsenic, a known carcino-gen that can also weaken the human

immune system, and thallium, a toxinused in rat poison. Timothy Krantz, a professor ofenvironmental studies at the Universityof Redlands, says these chemicalscould pose a serious risk to publichealth: “The fact that high concentra-tions are showing up in multiple waterwells close to wastewater injectionsites raises major concerns about thehealth and safety of nearby residents.”The full extent of the contamination isnot yet known. Regulators at the StateWater Resources Board said that asmany as 19 other injection wells could

have been contaminating protectedaquifers, and the Central Valley WaterBoard has so far only tested eight ofthe nearly 100 nearby water wells. Fracking has been accused ofexacerbating California’s epic state-wide drought, but the Central Valleyregion, which has some of the worst airand water pollution in the state, hasborne a disproportionate amount of theimpacts from oil companies’ increasinguse of the controversial oil extractiontechnique. News of billions of gallons of frack-ing wastewater contaminating pro-tected aquifers relied on by residents ofthe Central Valley for drinking watercould not have come at a worse time. Adding insult to injury, fracking is awater-intensive process, using as muchas 140,000 to 150,000 gallons perfrack job every day, permanentlyremoving it from the water cycle. Hollin Kretzmann, an attorney at theCenter for Biological Diversity, saysthese new revelations prove stateregulators have failed to protectCalifornians and the environment fromfracking and called on Governor JerryBrown to take action now to prevent aneven bigger water emergency indrought-stricken California. “Much more testing is needed togauge the full extent of water pollutionand the threat to public health,”Kretzmann said. “But Governor Brownshould move quickly to halt fracking toward off a surge in oil industrywastewater that California simply isn’tprepared to dispose of safely.” California is in the middle of an epicwater shortage, with nearly 80% of thestate experiencing “extreme orexceptional” drought conditions. Given the situation, anti-frackingactivists say it’s time for GovernorJerry Brown to put a stop to water-intensive fracking, claiming that thecontroversial oil and gas productionmethod is exacerbating the problem. “We’re talking about a triple threat toour water from fracking,” says AdamScow, the California Director forFood & Water Watch. The first threat: The fracking processrequires a lot of water, which thenbecomes unsuitable for any other use. While it’s true that fracking inCalifornia doesn’t require as muchwater as it does in Texas and Pennsyl-vania, Scow contends that any amountlost to fracking is unacceptable. “In the middle of the worst droughtin 50 years, they’re taking 140,000 to150,000 gallons of water out of thewater cycle per frack job,” said Scow.“They’re destroying that amount ofwater on a daily basis.” It’s also possible that fracking fluidcould leach into underground aquifers,and of course the toxic wastewater leftover from fracking has to be disposedof somehow, and therein lies thesecond threat to California’s watersupply. The California Department of Gasand Geothermal Resources recentlyordered 11 fracked wells shut downover fears that they were contaminatingpotential sources of potable water. Asmany as 100 other fracking sites areunder review as well.

California Aquifers Contaminated With Billions of Gallons of Fracking Wastewater

Desmog blog - Tues, 2014-10-07

Free Trade Torpedo Aimed at GMO Labeling

When the SLO County Board ofSupervisors elected to take no action tofore-stall future oil fracking forays intothe county at their September 23meeting (see “A Deep Unconcern,”October), they based that decisionlargely on the confident assertion thatDivision of Oil Gas and GeothermalResources (DOGGR) is currentlyfashioning regulations to implementSenate Bill 4, which will constitutesufficient safe-guards on fracking andother forms of well stimulationstatewide. Hence, the Supervisorsreasoned, the regulations coming ourway courtesy of SB 4 meant that theCounty need not take any local actionto protect our land, air and water. Based on the latest regulatoryevidence, that confidence was mis-placed. On October 23, Sierra Club Califor-nia submitted comments on DOGGR’ssecond revision of SB 4 Well Stimula-tion Treatment Regulations. Therevision failed to correct the manysevere deficiencies Sierra Club and

others identified inprior comments. Wenoted that:

DOGGR continues topropose regulationsthat will allow wellstimulation to occurwithout providingany scientific orother informationshowing that these

regulations can and will ensure thatwell stimulation does not pose seriousrisks to life, health, property, and theenvironment. Indeed, DOGGR has notshown that any possible regulationscould avoid these risks.

DOGGR’s present course of draftingwell stimulation regulations in theabsence of and prior to a scientificinquiry regarding well stimulation isinconsistent with DOGGR’s statutoryobligations and basic principles ofagency decision making. DOGGRmust “prevent, as far as possible,damage to life, health, property, andnatural resources.” Consistent withthis mandate, DOGGR may onlypermit those “methods . . . of increas-ing the ultimate recovery of under-ground hydrocarbons” which DOGGRdeems “suitable”.... Availableinformation has shown that wellstimulation and unconventionalproduction pose significant risks tolife, health, property, and the environ-ment.

Bad DOGGR!The state is fetching, rolling over andplaying dead for fracking

The current revised text fails to cureany of these deficiencies. Most of thechanges made in the second revisionmake the proposal worse, introducingneedless ambiguity or weakeningimportant protections, including aninexplicable relaxation of seismicmonitoring and reporting requirements. We continue to urge DOGGR toimpose an immediate moratorium onfracking and well stimulation. If DOGGR nonetheless permits wellstimulation, the proposed regulationsmust:

Provide the public with a clearoutline of the entire permitting process,

Limit single project authorization toten or fewer wells,

Require affirmatively informingneighbors of the application andenvironmental review processes, inaddition to informing neighbors whenactual drilling is contemplated

Grant any person entitled to receivenotification the right to water qualitytesting at the operator’s expense, ratherthan treating neighboring tenantsdifferently than neighboring landown-ers.

Restore text deleted from its previousdraft requiring follow-up water qualitytesting 30 to 60 days after wellstimulation has been completed.

The Honorable Michael FromanUnited States Trade Representative600 17th Street NWWashington, DC 20508

Dear Ambassador Froman,

We, the undersigned organizations,write to express our deep concernsabout proposals for the Trans-AtlanticFree Trade Agreement (TAFTA,otherwise known as the TransatlanticTrade and Investment Partnership) thatwould threaten efforts to label foodcontaining genetically modifiedorganisms (GMOs).

Recent polling by Consumer Reportsshows that for three out of every fourU.S. consumers, avoiding geneticallymodified ingredients when purchasingfood is important. And, as last year’sNew York Times poll revealed, morethan 90 percent of U.S. consumerssupport the labeling of geneticallymodified food. Thus, it is not surpris-ing that more than half of the U.S.states are now considering GMOlabeling legislation. However, pro-posed TAFTA rules could underminesuch GMO labeling initiatives, limitingconsumers’ ability to make informedchoices about their food. Specifically, we are concerned thatthe terms of TAFTA’s “technicalbarriers to trade” chapter could limitgovernments’ ability to maintain orestablish product labels that are not

premised on avoiding human or animalhealth risks but rather, for instance, onproviding consumers information. TheWorld Trade Organization’s (WTO)Appellate Body has ruled that underthe WTO’s Technical Barriers to Trade(TBT) rules, labeling policies thatapply to both domestic and foreignproducts can violate WTO require-ments. The letter from the Office of the U.S.Trade Representative (USTR) notify-ing Congress of the launch of TAFTAnegotiations proposes that the deal notonly incorporate, but go beyond thealready restrictive TBT rules of theWTO. While an increasing number ofU.S. states are contemplating enact-ment of GMO labeling policies,

Last September, the Sierra Club signedon to this letter to U.S. Trade Repre-sentative Michael Froman.

GMOs continued on page 8

OIL


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Watercontinued from page 1

committees, CSD’s, and other entitiesthat have addressed water issues in thiscounty over the years, including thePublic Works Department and Boardof Supervisors, have deferred toconsultants and others in the waterindustry with a vested interest inpumping. They’ve also been overlyinfluenced by developers and largegrowers, and have been unable toescape status quo “solutions” — i.e.more pipes in the ground. At its October 14 “Water Summit,”the Board deferred to vineyard ownerswho are not about to cut back on wineproduction until it’s too late, and whoare under the illusion that water willmaterialize during a drought bythrowing money at the problem. Theyconsistently refer to “supplementalwater” without identifying a reliablesource and consistently ignore orunder-value the most important part ofthe solution: intense conservation,including rationing or placing limits onpumping, which may mean a reductionin crop size. The California Department of WaterResources is expected to releasepriorities for GSA’s early next year. Allvariety of GSA’s will have to live bythese criteria. Here are our recommen-dations for maximum County involve-ment in that process, contingent on theCounty implementing policies basedon the principles of sustainability.

A workable plan With climate change and the likeli-hood of more frequent and long-termdroughts, San Luis Obispo County willhave difficulty sustaining the currentlevel of economic development andpopulation as it faces the waterchallenges ahead. This has becomeclear in the Paso Robles area and inCambria, and in the long-term over-draft and other water problems in LosOsos and Morro Bay, as well as otherparts of the county. The economic,environmental, and social health of theCounty depends on heading off thedisastrous effects of acute and long-term water shortages in the future. While the County has authority todevelop an Integrated Water Manage-ment Plan and the authority andresponsibility to oversee waterresources in its roles as the administra-tor of the Conservation and FloodControl District, also via its powers aslead agency in charge of the ResourceManagement System, it has limitedauthority to enforce water resourcepolicies, e.g., set pumping limits,monitor well use, mandate monitoringand testing, or require such programsas conservation and recycled water use,even for overdrafted basins. The entities in charge of managingbasins and other water resources in theCounty—CSD’s, local water utilitiesand other purveyors—and individualwell owners have been unable orunwilling, to manage water supplies ina manner that prepares for eventualitiessuch as droughts. Climate change willmake the management of theseresource still more difficult, yet it islikely the same entities will be incharge of water supplies, possibly viajoint powers agreements (JPAs) or asmembers of water master committees,as more basin are adjudicated. As aresult, we will likely see the same

results—unsustainable resources.

The County as GroundwaterSustainability Agency As noted in our October 8 letter, theSupervisors should take the necessarysteps to apply the Sustainable Ground-water Management Act to extend theiroversight authority over water re-sources within the County. We envision these powers extendingto setting County-wide objectives forachieving sustainable water resourcesas soon as possible; establishingsustainable management principles,practices, and enforcement when waterdistricts or water users not under theauthority of a district fail to comply. Specifically, these may includerequiring modifications to sustainablebasin yields (e.g., greater margins ofsafety), requiring more and bettertesting and well monitoring, restrictingtotal extracts, requiring more aggres-sive conservation or recycled water useprograms, requiring less reliance onsurface and imported water, and/or lessreliance on energy- and cost-intensiveprojects in the attempt to developalternative supplies. These powerswould also extend to the managementof areas of the county that do not comeunder the authority of districts, JPAs,or water master committees. Forinstance, the current adjudications ofthe Paso Robles and Los Osos Basinsmay not include all parts of thosebasins. The County would have theauthority and responsibility to establishand enforce sustainable water manage-ment plans for those areas. The passage of the SustainableGroundwater Management Act andother recent legislation is a very largestep toward managing state watersupplies sustainably. However, werecognize that the legislation does notgo far enough to address the level ofwater shortages we are seeing in manyparts the state and San Luis ObispoCounty. It falls short of addressing theimpacts of this drought and thepotential for similar droughts in thenext decade. Requiring sustainablemanagement plans by 2017 does notaddress the acute problems we face.Further, the state’s mandate for a 20%water use reduction by 2020 is “toolittle too late,” especially when a muchgreater reduction is possible fromstrong water use-efficiency programs. The Sustainable Water ManagementAct and other legislation appears to

and likely the only – way to ensureCounty water resources are managed ina consistent, publicly transparentmanner, which paves the road tosustainable water resources. High-quality, reliable and sustainablewater supplies available to all countyresidents at an affordable price and thewater resources necessary to supporthealthy ecosystems are essential for theCounty to stay one of the most eco-nomically vital counties in the stateand one of the most desirable destina-tions in the country. The Board ofSupervisors must step forward to claimthe authority needed to ensure theCounty retains these distinctions.

Formation and structure The Sustainable GroundwaterManagement Act (Pavley-Dickinson)grants the Board the authority toestablish a county-wide district withthe power to monitor all water extrac-tions, set and enforce extraction limits,and to cover costs with assessments onwater users. The Act allows for thesustainable management of all ground-water basins, not just “medium” or“high priority” basins. The Countyshould act to manage all wells in itsjurisdiction by setting sustainableyields and requiring metering andreporting of all wells. Develop the GroundwaterSustainability Agency’s (GSA)governing and administrative body andprocess, mission statement, principles,priorities, practices, policies, proce-dures, goals and objectives, all with thepurpose of maximizing the potentialfor County-wide-water resourcesustainability. This requires developingprocedures and policies that bringground and surface water extractioninto line with drought recharge levelsas soon as possible, including settingand enforcing aggressive sustainableyields and conservation targets. Theobjectives must be precautionary innature, erring on the side of resourcepreservation, rather than maximum useof the resource. This means, for example, buildingmargins of safety into sustainable yieldestimates to build reserves in aquifersand to improve basin resiliency. Themost cost-effective, energy-efficient,and low GHG producing strategies andpractices should be maximized. Develop assessments on water usersto cover costs based on the amount ofwater used, adding special operational/

could install real-time data recoverysystems in these wells. Until adequate and complete data areavailable for a basin or groundwatersource, set sustainable yields (totalextraction limits) at below historic“sustainable/safe yield” estimates toaccount for approximately that muchreduction in recharge due to the currentdrought and climate change. Manage all basins with a margin ofsafety to ensure sustainable yieldestimates are workable in practice. Establish water budgets and pumpinglimits for all large water users (includ-ing water utilities) as soon as possible. Establish water budgets for smallerwater users as soon as possible. Determine incentives and rewards toencourage water users to stay withinbudgets and penalties when they goover. Do not adjust water budgets and safeyields up or down until conclusiveevidence (well tests over time) showthat an adjustment will result in basinsustainability.

Water use efficiency Make water use efficiency (WUE)the primary strategy. Water useefficiency includes potable water usereduction via efficient water usetechnologies and practices (e.g, toiletretrofits and low-water use landscap-ing), in addition to potable water usereduction via the reuse of grey water,rainwater and recycled water.) Set aggressive conservation targets,and assist water users in developingstrong programs supported withbudget-based rate structures and a fullrange of indoor and outdoor conserva-tion measures, including rainwater andgrey water reuse. In urban areas targetzero outdoor potable water use via acombination of low water use land-scaping, gray water reuse, rainwatercapture, and recycled wastewater. Conservation is the most cost-effective, energy-efficient, and lowGHG producing method for reducingwater use. Conservation targets shouldbe set well above the state mandate ofa 20% reduction by 2020. Accordingto the 2013 Update of the CaliforniaWater Plan, current average residentialuse in California is 198 gallons percapita per day (gpcd), with about 81gpcd outdoor use. A 20% reductionwould be about 150 gpcd. However, atarget of less than 60 gpcd indoor-outdoor is achievable with a strongprogram. Los Osos currently has anemergency measure in place that limitsuse to about 57 gpcd, indoor andoutdoor use, for a family of three. Although Los Osos and other coastalareas have cooler temperatures, targetsshould not be too much higher than thisfor inland areas in order to restore theaquifer. An EPA study reports that 43gpcd indoors is achievable with water-efficient fixtures and appliances on themarket. Even a 57 gpcd target allows14 gpcd of potable water use outdoors,times the number of people living in ahome. In a household of two, that’s 28gallons per day and about 200 gallonsper week for outdoor use. Augmentedwith grey water, rainwater and recycledwastewater, 200 gallons per weekshould provide an adequate amount foroutdoor use. Set aggressive targets for 100% useof recycled water for agriculture, land-scaping, and industrial uses to offsetthe use of potable water pumped fromgroundwater. Recycled water usually requirestertiary treatment, which can increasetreatment costs and energy use. It alsorequires purple pipe infrastructure, andmay require additional treatment(especially for salts) to provide high-quality water. However, it is a drought-

WATER continued on page 9

Target zero outdoor potablewater use via a combination oflow water use landscaping, graywater reuse, rainwater capture,and recycled wastewater.

assume water users in thestate have until 2020 toseriously address droughtimpacts, and that countiessuch as San Luis Obispowill be able to developadditional water suppliesto accommodate currentpopulations, developing reservoirs orlarge desalination projects whilesuffering from the economic impacts ofdrought. The County needs to take moreaggressive and precautionary steps tobring water demand into line withsupplies than the State requires, and toaddress the impacts of this and futuredroughts, which will have adverseimpacts on aquifers for many years tocome even if the overdraft stops now.We recommend that the Board set andenforce objectives that reduce sustain-able yield estimates so they areconsistent with current rainfall levels(i.e., the water recharging basins). Thisshould happen on a much shorter andmore aggressive timeframe thanoutlined in state legislation and policy. The County Board of Supervisors isclearly the authority best suited tooverseeing the integrated managementof County water resources. TheSustainable Water ManagementAgency we recommend would allowthe Board to do that. It is the fairest —

project costs as appropriate for par-ticular areas.

Testing, monitoring and assessment Ensure all decision making isscience-based with ample high-qualitydata to make evaluations and predic-tions with a high level of certainty.Ensure all basins in the County haveadequate test wells and testing fre-quency to assess basin health with ahigh degree of accuracy. At a minimum, testing shoulddetermine the following: groundwaterwater levels and quality; groundwaterstorage capacity vs. actual water instorage (i.e., percentage of capacity);extent of seawater intrusion in affectedbasins; sustainable yield of basins withappropriate margins of safety; basinrecharge sources, locations, and timedelays (i.e., time needed for rechargeto benefit drinking water aquifers andecosystems). Ensure all extractions are monitoredat least semi-annually to provideaccurate extraction data. The county

WATER


(Continued from last month, when weleft our intrepid founder perched on anarrow ledge next to Yosemite Falls)

If I was to get down to the brink atall that rough edge, which might offerslight finger holds, was the only way.But the slope beside it looked danger-ously smooth and steep, and swiftroaring flood beneath, overhead, andbeside me was very nerve-trying. Itherefore concluded not to venturefurther, but did nevertheless. Tufts ofartemesia were growing in the clefts ofthe rock nearby, and I filled my mouthwith the bitter leaves, hoping theymight help to prevent giddiness. Then,with a caution not known in ordinarycircumstances, I crept down safely tothe little ledge, got my heels wellplanted on it, then shuffled in ahorizontal direction twenty or thirtyfeet until close to the outplungingcurrent, which, by the time it haddescended thus far, was already white.Here I obtained a perfectly free viewdown into the heart of the snowy,chanting throng of the comet-likestreamers, into which the body of thefall soon separates. While perched on that narrow niche Iwas not distinctly conscious of danger.The tremendous grandeur of the fall inform and sound and motion, acting atclose range, smothered the sense offear, and in such places one’s bodytakes keen care for safety on its ownaccount. How long I remained downthere, or how I returned, I can hardlytell. Anyhow I had a glorious time,and got back to camp about dark,enjoying triumphant exhilaration soonfollowed by dull weariness. HereafterI’ll try to keep from such extravagant,nerve-straining places. Yet such a dayis well worth venturing for. My firstview of the High Sierra, first viewlooking down Yosemite, the death songof Yosemite Creek, and its flight overthe vast cliff, each one of these is ofitself enough for a great life-longlandscape fortune – a most memorableday of days – enjoyment enough to killif that was possible. July 16 – My enjoyments yesterdayafternoon, especially at the head of thefall, were too great for good sleep.Kept starting up last night in a nervoustremor, half awake, fancying that thefoundation of the mountain we werecamped on had given way and wasfalling into Yosemite Valley. In vain Iroused myself to make a new begin-ning for sound sleep. The nerve strainhad been too great, and again andagain I dreamed I was rushing throughthe air above a glorious avalanche ofwater and rocks. One time, springingto my feet, I said, “This time it is real –all must die, and where could moun-taineer find a more glorious death!”…. July 17 –A new camp was madetoday in a magnificent silver fir groveat the head of a small stream that flowsinto Yosemite by way of IndianCanyon, Here we intend to stay forseveral weeks, — a fine location fromwhich to make excursions about thegreat valley and its fountains. Gloriousday I’ll be sketching, pressing, plants,studying the wonderful topography,and the wild animals, our happy fellowmortals and neighbors. But the vastmountains in the distance, shall I everknow them, shall I be allowed to enterinto their midst and dwell with them? July 18 – Slept pretty well; the

valley walls did not seem to fall,though I still fancied myself at thebrink, alongside the white plungingflood, especially when half asleep.Strange the danger of that adventureshould be more troublesome now that Iam in the bosom of the peacefulwoods, a mile or more from the fall,than it was while I was on the brink ofit.… About noon we had another rain-storm with keen startling thunder, themetallic, ringing, clashing, clangingnotes gradually fading into low bassrolling and muttering in the distance.For a few minutes the rain came in agrand torrent like a waterfall, then hail;some of the hailstones an inch indiameter, hard icy, and irregular inform…. July 19 — …About noon, as usual,big bossy cumuli began to grow abovethe forest, and the rainstorm pouringfrom them is the most imposing I haveseen yet. The silvery zigzag lightninglances are longer than usual, and thethunder gloriously impressive, keen,crashing, intensely concentrated,

speaking with such tremendous energyit would seem that an entire mountainis being shattered at every stroke, butprobably only a few trees are beingshattered, many of which I have seenon my walks hereabouts strewing theground. At last the clear ringingstrokes are succeeded by deep lowtones that grow gradually fainter asthey roll afar into the recesses of theechoing mountains, where they seem tobe welcomed home. Then another andanother peal, or rather crashing,splintering stroke, follows in quicksuccession, perchance splitting somegiant pine or fir from top to bottominto long rails and slivers, and scatter-ing them to all points of the compass.Now comes the rain, with correspond-ing extravagant grandeur, covering theground high and low with a sheet offlowing water, a transparentfilm…making the rocks glitter andglow, gathering in ravines, flooding thestreams, and making them shout andboom in reply to the thunder. How interesting to trace the historyof a single raindrop! It is not long,geologically speaking, as we haveseen, since the first raindrops fell onthe newborn leafless Sierra landscapes.How different the lot of these fallingnow! Happy the showers that fall onso fair a wilderness, — scarce a singledrop can fail to find a beautiful spot —on the tops of the peaks, on the shiningglacier pavements, on the great smoothdomes, on forests and gardens andbrushy moraines, plashing, glinting,pattering, laving. Some go to the highsnowy fountains to swell their well-saved stores; some into lakes, washingthe mountain windows, patting theirsmooth glassy levels, making dimplesand bubbles and spray; some into thewaterfalls and cascades, as if eager to

LastLook?

from the pen of John Muir

1868 – Muirin Yosemite,Part 2

join in their dance and song and beattheir foam yet finer; good luck andgood work for the happy mountainraindrops, each one of them a highwaterfall in itself, descending fromcliffs and hollows of the rocks, out ofthe sky-thunder into the thunder of thefalling rivers. Some, falling on themeadows and bogs, creep silently outof sight to the grass roots, hiding softlyas in a nest, slipping, oozing hither,thither, seeking and finding theirappointed work. Some, descendingthrough the spires of the woods, siftspray through the shining needles,whispering peace and good cheer toeach one of them. Some drops withhappy aim glint on the sides ofcrystals, — quartz, hornblende, garnet,zircon, tourmaline, feldspar, — patteron grains of gold and heavy way-wornnuggets; some, with blunt plap-plapand low bass drumming, fall on thebroad leaves of veratrum, saxifrage,cypripedium. Some happy drops fallstraight into the cups of flowers,kissing the lips of lilies. How far theyhave to go, how many cups to fill, greatand small, cells too small to be seen,cups holding half a drop as well as lakebasins between the hills, each replen-ished with equal care, every drop in allthe blessed throng a silvery newbornstar with lake and river, garden andgrove, valley and mountain, all that thelandscape holds reflected in its crystaldepths, God’s messenger, angel of lovesent on its way with majesty and pompand display of power that makes man’sgreatest shows ridiculous….

Sierra Club appealsShell Beach bluffdevelopment toCoastal Commission

Pismo Beach has allowedover 90 percent of its oceanbluffs to be developed, inconjunction with a longhistory of tree trimming,nest removal and tree re-moval without permits thathas virtually eliminatednesting areas for herons,pelicans, cormorants, egrets,oyster catchers and falconsin the Shell Beach neighborhood. By2008, the bluff site at 2900 ShellBeach Road was virtually all thatremained of the region’s primarynesting habitat for these birds. Thenthose nesting trees were cut down.

The Silver Shoals developmentproposal for this site – ten townhouselots, nine single-family residential lotsand a one-acre bluff top park — is thelogical place to attempt some degree ofenvironmental restoration. Also, 2900

Shell Beach Road offers virtually thelast, large unobstructed ocean view inthe area. The Sierra Club and concernedresidents have pointed this out in anappeal to the California CoastalCommission of the project’s CoastalDevelopment Permit as issued byPismo Beach. If the Commission findsthat our appeal raises substantial issuesof nonconformity with the City’s LocalCoastal Plan (LCP) and the CaliforniaCoastal Act, it may condition thepermit with requirements for measures

At risk 7,000 square feet of threatenedcoastal scrub and equally precious trailsallowing public access to the beach from thebluff perch on the ocean side of the SilverShoals site.

SILVER SHOALS continued on page 8

From My First Summer in the Sierra,by John Muir, The Modern LibraryPaperback Edition, 2003.


accidents in highly populated areas andto critical drinking water supplies. Theadministration used accounting tricksto reduce their estimate of the likeli-hood and severity of “high conse-quence accidents” and the potentialcosts, in lives and dollars, of an oiltrain derailment, spill, or fire. The oiland rail industries need to treat oiltrains as the dangerous threat to publicsafety, drinking water, and wildlife thatthey are.

3) Eliminate exemptions so that allvolatile crude oil moving on trains issubject to safety rules. The administra-tion ignores safety completely when itcomes to shorter trains and some trainoperators. A single tanker car carries30,000 gallons of explosive crude oil.That’s way more than most U.S. firedepartments can fight, and it’s far morethan enough toxic crude oil to perma-nently damage rivers, wild areas, anddrinking water supplies. There’s noreason why every train carrying crudeoil shouldn’t be held to the highestsafety standards.

4) New 30 mile per hour speed limitsfor all hazardous crude oil transportthrough populous areas. Turns out theslower you go, the fewer accidents youhave. Nearly every city and town inAmerica has an oil train route rightthrough the heart of it. Same goes forour most important rivers and nationalparks. The U.S. rail system was built tocarry people and products betweenpopulation centers, not to transporthazardous crude oil. Yet the oil and railindustry believe that the same speedlimits for passengers and grain shouldapply to the heaviest, most dangeroustrains on the rails. They are wrong.

5) Protect Americans who already facethe biggest threats from industrialaccidents and pollution. The admini-stration’s proposed rules ignore envi-ronmental justice. Executive Order12898 requires the federal governmentto write safety standards that protectcommunities of color who already facea larger threat from industrial pollutionand accidents. ForestEthics evaluatedour Blast Zone data and found thatmore than 16 million—or 60 percent ofthe 25 million Americans in theevacuation zone—are communities ofcolor. The threat here isn’t just cata-strophic fires. Our partners at theNatural Resources Defense Councilestimate that as much as three percentof crude oil in a tank car leaks out intothe air as these trains roll down thetrack. That’s as much as 900 gallons oftoxic air pollution per car. Now multi-ply that by a single unit train 100 cars

long and we’re talking aboutpeople breathing a massiveamount of cancer-causing,asthma-inducing and carbon-polluting poisons along oiltrain routes. The Obama administration isasleep at the switch. The oilindustry has turned to Amer-ica’s railroads to move explo-sive, toxic North DakotaBakken and Alberta tar sandscrude oil. We’re talking aboutmillions and millions ofbarrels moving each day onUS tracks, through our citiesand by our homes and schools,on a rail system that was de-signed in the 19th century tomove people and freight acrossAmerica. The oil industry isturning US rail lines intohazardous crude oil corridorsand the Obama admini-stration’s anemic response andweak regulations leave far toomany Americans in peril. The good news is thatcommunities across the U.S. arespeaking up for stronger controls andbetter safety. There’s a growing net-work of community groups rising up tooppose these dangerous oil trains. They are demanding answers fromtheir public officials, holding decision-makers accountable, and refusing toback down. ForestEthics and ourpartners helped more than 150,000Americans submit comments criti-cizing the government’s proposed newstandards. We are working withcommunities across the country anddemanding that the oil and rail indus-tries, and the federal government, putpublic safety first. The Obama administration needs toget serious about protecting 25 millionAmericans, and there’s no doubt thatmany of those Americans and themillions more who live downwind anddownstream of an oil train route, arewatching closely.

- From The Root Word:ForestEthics Blog

Straight through the heart Can you find yourself on the blast zone map? Oil trainsheading for the Central Coast, per the Oct. 15 Contra Costa Times: “would go along theAmtrak Capitol Corridor from Martinez via Richmond, Berkeley and Emeryville to Oakland,and from there south along the Capitol Corridor or Coast Starlight route via Hayward,Fremont and Santa Clara to San Jose and on to Santa Maria.”

Trainscontinued from page 1

TAKE ACTION

The Mesa Refinery Watch Group isholding a forum on Tuesday, Novem-ber 11 from 4-6 p.m. at 1645 TrilogyParkway, Nipomo, 93444. For moreinfo, contact Linda Reynolds atlreynolds151@ gmail.com.

ALUCEWin

Amend theLand UseElement tostate that“the Cityshall require[not “en-courage”]the use ofmethods tofacilitaterainwaterpercolationfor roofareas andoutdoor

Amend the Land Use Element tostate that the city shall “implement abuilder incentive program that willencourage new homes to be built with

Amend the Circulation Element toread “The City will continue to supportthe use and development of com-pressed natural gas and biodieselfueling stations, EV rechargingstations, and other alternative fuelstations in the San Luis Obispo area.”

Delete a proposed tourism marketingprogram from the Land Use Element.

Amend the Land Use Element toomit direct implementation of theEconomic Development Strategic Plan,citing instead only “appropriatestrategies for business retention andexpansion with a focus on thoseproviding head-of-household jobs.” LUCE continued on page 8

Last January, Sierra Club, the Centerfor Biological Diversity, NaturalResources Defense Council, NorthCounty Watch, Mesa Refinery Watch etal were among the groups and indi-viduals that inundated County plannerswith comments on the Draft Environ-mental Impact Report for the proposedPhillips 66 Santa Maria Refinery RailSpur project. The project plans tovastly expand the rail transport of oil tothe Central Coast, bringing 80-car oiltrains into the county, each train a mileand a half long, at the rate of five trainsor 21,000 tank cars per week, everyweek, 520 trips per year. The trainswould most likely be carrying Cana-dian tar sands crude oil, rightly knownas one of the world’s dirtiest and mostenvironmentally destructive sources offuel. Those highly critical commentseffectively derailed the project, forcingthe withdrawal of the wholly deficientEIR and cancellation of the CountyPlanning Commission meetingscheduled to review and potentiallyapprove the proposal (see “Oil TrainHits a Bump,” April). A Recirculated Draft EIR has nowbeen released, and the public has 45days to review the 849-page document,with comments due three days beforeThanksgiving. There are differences between theprevious and current drafts, but here’s

what remains the same: The promise ofeven worse air quality for the NipomoMesa — current title holder for theworst air in the county; the potentialfor oil spills, fires and explosions; andthe potential to turn SLO County froma place where everyone wants to live,work and visit to a place where nobodydoes. As the story on our front page makesclear, the Phillips 66 project is just onepart of a very big picture. But even thelocal picture is pretty big. The oil rushthat is heading to the Central Coastincludes this project, expansion of thePrice Canyon oilfield, development ofthe Huasna Valley oilfield and explora-tion for oil on Porter Ranch. Theindustry wants to probe for oil at over7,700 regional sites. We also draw your attention to the“blast zone” map above. (You can findthe original and zoom in atwww.forestethics.org). If you’re on it,you need to get involved in this issue,pronto. Here’s how:

Spurred to Action

As clashes with the County AirportLand Use Commission over the landaround the SLO Airport triggeredheadline-grabbing acrimony on the SanLuis Obispo City Council this fall, theSierra Club was busy getting good stuffinto and taking bad stuff out of theCity’s General Plan update. The clashes and acrimony havedelayed a final vote on the update ofthe Land Use and Circulation Elements-- and hopefully councilmembers willmake use of that delay to resolve

significant issues prior to that finalvote -- but here’s the tally of salutarychanges the council did get around toat its October 7 meeting [italics = ouradditions.]:

Making change The SLO City Council’s October 7 meeting resulted in amuch improved LUCE, thanks to the Sierra Club.

hardscapedareaswherepractical to reduce surface water runoffand aid in groundwater recharge,” and“require [not “encourage”] projectdesigns that minimize drainageconcentrations and imperviouscoverage.”

www.forestethics.org


By Food Tankfoodtank.com

Organic and agro-ecological farming methods typically build healthier soils,produce less pollution, and protect ecosystems better than conventional cultiva-tion methods. However, scientists have only recently discovered that organicproducts are also better for eaters. A new study by Newcastle University on organic versus conventional cropsconfirms that organic farming methods do have a positive impact on health.Results found substantially higher levels of antioxidants and lower levels ofpesticides in organic crops versus conventional crops. Antioxidants have beenlinked to a lower risk of cancer and other diseases in humans. Plants naturallyproduce antioxidants to defend themselves against pests and diseases. But whenpesticides are applied, plants lose the need to generate antioxidants for their owndefenses. Dr. Charles Benbrook, professor at Washington State University’s Center forSustaining Agriculture and Natural Resources and co-author of the study, says,“Our results are highly relevant and significant and will help both scientists andconsumers sort through the often conflicting information currently available onthe nutrient density of organic and conventional plant-based foods.” The findings contradict a 2009 U.K. Food Standards Agency funded studythat found no significant differences in nutritional benefits between organic andconventional crops. However, the authors commented that newly available dataand better analysis methods make the recent study’s findings more definitive. “It shows very clearly how you grow your food has an impact, and that if youbuy organic fruits and vegetables, you can be sure you have, on average, a higheramount of antioxidants at the same calorie level,” says Carlos Leifert, Professorof Ecological Agriculture at Newcastle University and lead author of theNewcastle study. Benbrook and his colleagues analyzed 343 studies, which is the most extensiveanalysis of nutrient content in organic versus conventional food to date. Signifi-cant findings from the study include: Organic crops contain an average of 17 percent more antioxidants thanconventionally grown crops. Some of the organic crops, including fruits, vegetables, and grains, had asmuch as 60 percent higher concentrations of antioxidant compounds thanconventional crops. The level of flavanones, which are associated with a lower risk of stroke, were69 percent higher in organic foods tested. Pesticide residues were found to be three to four times more likely in conven-tional crops compared to organic. Overall levels of pesticides were found to be ten to 100 times lower in organicfood than in conventionally produced food. The research team has translated the executive summary and press release intomore than 20 languages and made the study’s database free and accessible to thepublic. The entire study is available from the British Journal of Nutrition. “This study is telling a powerful story of how organic plant-based foods arenutritionally superior and deliver bona fide health benefits,” said Dr. Benbrook.

inclusion of such WTO-plus require-ments could invite challenges of GMOlabeling policies before TAFTA disputeresolution panels. The panels’ rulingswould be enforceable by indefinitetrade sanctions unless and until aviolating policy would be brought intoconformity with TAFTA constraints. Equally concerning is the controver-sial and unpopular proposal to includeinvestor-state dispute settlement(ISDS) provisions in TAFTA. Thiswould grant foreign corporations thepower to skirt domestic courts andlaws, drag the U.S. and EU govern-ments before extrajudicial tribunals,and directly challenge GMO labels asviolations of expansive, TAFTA-created foreign investor “rights.” Thetribunals, comprised of three privateattorneys, would be authorized to ruleagainst new GMO labeling laws on thebasis that they frustrated the expecta-tions that the investors held when theymade their investments. Such tribunals would be empoweredto order unlimited taxpayer compensa-tion to biotech and other firms foralleged losses to “expected futureprofits” resulting from new GMOlabels or other changes to domesticpolicy. Such extraordinary “investor-state”rules have been included in past U.S.“free trade” agreements, forcingtaxpayers to pay firms more than $430million for toxics bans, land-use rules,regulatory permits, and water andtimber policies. Just under U.S. pacts,more than $38 billion remains pendingin corporate claims against medicinepatent policies, pollution cleanuprequirements, climate and energy laws,and other public interest polices. IfISDS were included in TAFTA, theinvestor-state threat would be vastlyexpanded, as European-charteredcorporations would be newly empow-ered to directly challenge U.S. state,local or national policies – includingGMO labeling laws – on behalf of theirmore than 24,000 entities operating inthe United States. Take, for example, BASF – aGerman firm that, in addition to beingthe world’s largest chemical corpora-tion, recently relocated the headquar-ters of its burgeoning GMO division toNorth Carolina. BASF owns more than40 subsidiaries in the United States,any one ofwhich couldserve as thebasis for aninvestor-stateattack againstGMO labels orother U.S.

GMOscontinued from page 4

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onsite water/heat recycling systems tohelp achieve the goal of net zero waterand energy use.”

Amend the Circulation Element tostate that “The City shall [consider]parking demand reduction strategies,and consider emerging best practicessuch as unbundled parking, smartparking technologies and cash outprograms.”

The deletion of the national tourismpromotion program will help keepplaces like Bishop Peak from beingoverwhelmed. The deletion of theEconomic Development Strategic Planwill keep the future whims of theChamber of Commerce from beingcarved into the General Plan. Theaddition of all the other measures willensure a sustainable water supply,improved air quality, and reducedgreenhouse gas emissions, traffic con-gestion and energy use. Because SierraClub members inundated the Councilwith requests for these changes,October 7 was a good day for SLO.

LUCEcontinued from page 7

to reduce or avoid the project’simpacts that the City failed to impose. We pointed out that the project isinconsistent with Coastal Act policiesassuring public access insofar as theproposed road through the subdivisionwould block access to trails from thebluff to the beach at an immediatelyadjacent designated public coastalaccess area. It is also inconsistent with the City’sLCP policy requiring that “Newdevelopment within the City’s jurisdic-tion shall be designed to withstandnatural and man-made hazards toacceptable levels of risk by…requiringnew development to avoid portions ofsites with high hazard levels.” Portionsof the South Silver Shoals Roadextension are located within thesetback area, despite the fact that

“onsite soils have the potential to lackthe resistance required to support thetype of loads imposed by traffic.” The project is inconsistent withCoastal Act and LCP policies protec-tive of the public viewshed, whichdeclare that “Shell Beach Road is thescenic road that ties together much ofPismo Beach. Its character is derivedfrom the views of the ocean on oneside and the foothills on the other.”Therefore: “Projects should bedesigned to preserve some of thesignificant views enjoyed by residentsof nearby properties, which could beblocked by the project. Especially onlarger sites, clustering the buildings orcreating new public viewpoints canpreserve portions of these views,” Per the City’s policy on VisualAccess: “Open space shall be arrangedto maximize view corridors through theplanning area from public viewingareas to protect and maintain views ofboth the ocean and coastal foothills, aswell as the visual sense of the coastalterrace landform.” The project is inconsistent with theLCP policy requiring that “Nativevegetation shall be preserved to themaximum extent possible.” The City’s

Environmental Determination appearsto identify 7,270 square feet ofSouthern Coastal Bluff Scrub — listedin the California Natural DiversityDatabase as “very threatened” — as an“area of proposed disturbance” andproposes the replacement of 4,346square feet of coastal scrub, withmitigation of impacts to this sensitivenatural community via “furtherrestoration of removed scrub.” As itappears the applicant is proposing amitigation measure that will result inthe net loss of 2,924 square feet ofSouthern Coastal Bluff Scrub, with noexplanation of the meaning of thephrase “further restoration of removedscrub,” current measures are notsufficient to protect this sensitivecoastal resource. A proposed HabitatMitigation Plan’s mitigation ratio of1:1 would necessarily result in theoverall loss of half the resource. (If youpromise to spare one tree for every treeyou cut down in a grove of 100redwoods, you end up with 50 red-woods.) We are asking the Commission torequire significantly more mitigation,much better defined, as a condition ofthe permit for this project.

Silver Shoalscontinued from page 6

public interest policies under TAFTA. Indeed, European and U.S.agribusiness corporations, in theirformal demands issued to TAFTAnegotiators, have been remarkablycandid in naming the dismantlement ofGMO labeling policies as one of theirgoals for TAFTA. For example, theU.S. National Confectioners Associa-tion, which represents Nestle USA andThe Hershey Company, has bluntlystated, “U.S. industry also wouldlike to see the US-EU FTA achieveprogress in removing mandatory GMOlabeling and traceability requirements.”

This corporate goal for TAFTAthreatens not just the EU’s robust GMOlabeling policies, but also those beingadvanced in the United States. Con-necticut and Maine passed GMOlabeling laws in 2013, and so far in2014, 35 new GMO labeling laws havebeen introduced in 20 states. In May2014, Vermont passed the first GMOlabeling law that will automaticallytake effect without waiting for otherstates to pass similar laws. One monthlater, the Grocery ManufacturersAssociation and ally food industryentities filed a lawsuit against the stateof Vermont over this new GMOlabeling law. TAFTA, as currently proposed, wouldprovide such industry groups a widerarray of tools to halt the advance ofGMO labeling policies. When U.S.courts rule in support of such policies,TAFTA, if ISDS is included, wouldprovide a new means to thwart thepublic’s will. TAFTA is being sold on the basis thatit would benefit consumers by creatingnew efficiencies. But consumers gainnothing by being denied information tomake informed choices about theirfood. The only beneficiaries from such

constraints onGMO and otherconsumer foodlabeling would bethe largeagribusiness andbiotech firms thatseek to keep

consumers ignorant so that they buyfoods that they would not choose whenprovided full information. The undersigned organizationscommit to fighting any trade pact thatthreatens GMO labeling. We willstrenuously oppose any U.S.-EU dealthat undermines U.S. consumers’ rightto know what is in the food theypurchase and feed their families.

Finally, we request that TAFTAnegotiating texts be made public so asto allow for a robust public debateabout the impact the proposed provi-sions would have on these most basicaspects of our daily lives.

Sincerely,[Sierra Club and two dozen otherpublic interest groups ]

Sure Enough, Organic is Better


No FenceCoastal Commission restores accessto Ontario Ridge

As every hiker in the county shouldknow by now, you can once again hikeOntario Ridge sans illegal fences,gates, barbed wire and “no trespass-ing” signs. On October 7, the Coastal Commis-sion approved a final plan to restorepublic access to the popular hikingtrail. The plan provided details abouthow the property owner must removebarbed wire and other fencing, gatesand “No Trespassing” signs that wereplaced along the Ontario Ridge Trailthat leads from the City of PismoBeach to Pirates Cove just south ofAvila Beach. At its July meeting, the Commissionordered Robert and Judy McCarthy ofBakersfield to remove the unpermittedfencing and signs, requiring them tofirst prepare a plan that would spell outexactly how that would be accom-plished. The McCarthys worked withCoastal Commission staff to prepare aplan that would expedite the restora-tion of access, while minimizing anyharm to the environment or the trails.The plan required the unpermitteddevelopment to be completely removedwithin ten days of plan approval. “We are pleased that the McCarthyshave followed the Commission’s orderto remove the fences and restore thehistoric public use of this propertyquickly and completely” said Lester.“The public, including many localresidents, are looking forward toreturning to this fantastic stretch ofcoast.” Shortly after the order was issued,the state legislature gave the Commis-sion authority to issue fines for anyCoastal Act violation that interfereswith public access. The Commissioninformed the McCarthys that if theydid not comply with the Order, fineswould be pursued in the case. Chief of Enforcement Lisa Haagehad no doubt that the potential to levyfines contributed to the speedy reso-lution of the issue. “We believe that property ownersbecome a lot more cooperative whenthey know they might have to pay finesfor not complying with the CoastalAct,” she said. “The threat of dailyfines accruing provides a strongincentive to resolve a problem, and toresolve it more quickly, rather thanargue about it for years on end. Andmost important, it can help us protectand more quickly restore public access

The people prevail Former Santa Lucia Chapter ChairTarren Collins, who led the charge to free Ontario Ridge,celebrated the arrival of the fence removal crew.

to the magnificent coast ofCalifornia.” By October 17, theMcCarthys had removed allunpermitted fences, signs,gates, gateposts and footingsand restored all areasimpacted by the unpermitteddevelopment and itsremoval. One fence and gateremains, allowed for another45 days past the October 17deadline while the Countyfigures out a way to keepATV’s out of the area. “It’s amazing to go upthere now to drink in thefenceless view,” wrote localattorney and land use activist

resistant source of water and muchmore cost-effective than importedwater when all costs and reliabilityissues are factored in. State lawrequires its beneficial use to offsetpotable water use when good qualityrecycled water is available.

Basin Recharge Start a program to identify andprotect water recharge areas. Make drainage and storm watermanagement the primary strategies forrecharging basins. Require areas tomaximize recharge of basins bycapturing and infiltrating all urbanrunoff and much of the non-urban runoff in locations where it will benefitbasins. Assist areas in developingstrong programs that focus on use oflow impact development (LID)strategies, with measures such as raingardens and bio-swales. LID is the Best Management Practicefor storm water management plansmandated by the Central CoastRegional Water Board. This is largelybecause the measures provide multiplebenefits. In addition to reducingpollution of surface waters, LIDmeasures recharge groundwater withclean rainwater, reduce outdoor wateruse, and provide attractive outdoorspaces. They use less energy andproduce less GHG than conventionaldrainage with pipes and pumps. When considering the options ofdirect and indirect potable recharge(injection wells and leach fields),conservation and recycled water, allcan provide direct and immediatebenefits on basin water levels. WaterBoards are recommending high levelsof treatment for direct and indirect

Watercontinued from page 5

recharge. Direct potable reuse requiresreverse osmosis, so high costs, energyuse, and other impacts must be con-sidered. Injection wells are required tobe located a safe distance from drink-ing water wells. Conservation andrecycled water reuse reduce pumping;direct potable recharge replaces thewater removed with pumping. How-ever, conservation and recycled wateruse (conservation in particular) aremore cost-effective. Also, direct (andindirect) potable water use reducesrecycled water use for other purposessuch as irrigation, which must befactored into cost-benefit analyses. TheSierra Club has recommended maxi-mizing urban and ag reuse (ag ex-change), along with conservation,before other measures are imple-mented.

Imported water and desalination Discourage the use of desalination,

especially desalination of seawater, asa source of water. Desalination’s highcosts and energy use, along with theenvironmental impacts of brinedisposal, make it much less sustainablethan conservation and recycled wateruse. If desal must be used, require thatthe source is brackish water, ratherthan seawater. The less salt removed,the lower the energy use, cost, andamount of brine disposal. Use salt-removal technologies and strategiesother than reverse osmosis (R/O) as afirst choice, including new technolo-gies, which minimize costs and energy-use, including by reducing the environ-mental impacts and costs of brinedisposal. Blending high-salt concentra-tion water with low-salt concentrationwater provides an inexpensive way tolower salts. In seawater-impactedbasins, conservation and other meansof reducing production can reduceintrusion and the salts in the potable

and recycled water supply.

Surface water and watershedmanagement Assume the amount of surface waterin local reservoirs available to augmentgroundwater supplies is the amountavailable during the present drought,and develop sustainable basin yieldsand reservoir allocations based on this. Manage each basin and watershed asa whole, not as separate parts, sub-basins or sub-areas, and strive to makearea basins and watersheds the solewater source for those areas. Allow intra-basin transfers of waterbefore inter-basin transfers. To theextent possible, have areas within theCounty rely on the water naturallyoccurring within those areas. Manage and control the costs ofintra- and inter-basin transfers to assureequitable and affordable access togroundwater and surface waters.

Tarren Collins, who worked with theSierra Club on public outreach andorganizing throughout the fight torestore public access. “Thank you toeveryone who wrote letters, showed up

at Coastal Commission hearings sinceFebruary, and spread the word. Thisvictory could not have happenedwithout your outpouring of concern tothe Coastal Commission!”

in Peevey’s office, helping to pick andchoose the judges that suited PG&Ebest.” Funny story: In March 2013,representatives of the Alliance forNuclear Responsibility were kicked outof a Senior Seismic Hazard AnalysisCommittee (SSHAC) conference inBerkeley. When the alliance com-plained to the PUC that this wasinappropriate behavior by the utility ata ratepayer-funded conference, theygot the answer back that PG&E wasjust one party to the conference and theother folks didn’t want the Alliancethere, so their hands were tied. The author of that explanation wasBrian Cherry, whose former jobdescription obviously covered matterspertaining to the utility’s operationswhether the issues involved natural gasor nuclear power. And the same couldbe said of PUC President Peevey andhis eventual successor. Whether it’s the California PublicUtilities Commission or NuclearRegulatory Commission (See “NRC:Who Me?,” page 10), the public isright to wonder how many good bottlesof Pinot will perish as regulators seekto console and advise our neighbor-hood nuclear utility on public relationsmatters and ease the regulatory burdenof PG&E’s liability.

No Confidencecontinued from page 2

Stop the OsterQuarry! On December 11, the SLO CountyPlanning Commission will make thedecision to approve or deny this largescale industrial project. If the truth and the County’s land usepolicies are adhered to, the proposalwill be denied. That could be why theapplicant’s well-paid marketing teamhas attempted to confuse and confoundthe community in their ongoing effortto obtain a permit. If they succeed,Santa Margarita will turn into a miningtown. By being well informed and takingaction, each of us can make a differ-ence in helping achieve a decision thatwill ensure the future safety and qualityof life in this irreplaceable ruralcommunity.

TAKE ACTION

• Plan to attend the December 11Planning Commission hearing at theCounty Government Center in San LuisObispo. Your presence matters whetheryou plan to speak or not. • Contact [email protected] a detailed information sheet or goto www.margaritaproud.com•Write to the Planning Commissionwith your concerns:[email protected]


NRC: Who, Me?

Sierra Club California and the Club’sCalifornia/Nevada Regional Conserva-tion Committee convened their annualjoint convention at Rancho El Chorroover the weekend of October 11. The keynote speech was delivered bythe company principals of P.R. for thePublic Good, Sev Williams and Nina

Erlich (below), who counseledattendees on how to advance policyobjectives, express the values motivat-ing you, the problem and the solution. Organizer Allen Hernandez, workingwith high school students on environ-mental justice issues, related how hetook a busload of teenage Latino

students to testify at aPUC hearing onreplacing the SanOnofre nuclear powerplant -- something theregulators had neverseen before. Felloworganizer Opa-mago Agyemangbrought the housedown with his observa-tion “I’m an activist. Idon’t call myself anenvironmentalistbecause that soundslike the environment isseparate from every-thing else. Without theenvironment, there isnothing else.”

Left to right: Sierra Club youth organizers Yassamin Kavezade, Opamago Agyemang andAllen Hernandez are introduced by Jono Hildner, Political Chair of the San Gorgonio Chapter,at the Sierra Club California/CNRCC Convention.

Sierra Club California Convenes in SLO

Support the conclusion of the Water Board’s Subcommittee on Nuclear FueledPower Plants:

“Wedge wire” and fine mesh screens will not achieve the state’s goal of 97%reduction in mortality.

Diablo: Not Skate Away Diablo Canyon utilizes a once-through cooling (OTC) system for the plant’stwo nuclear reactors. It takes in 2.5 billion gallons of ocean per day, decimatingmarine life in the process, both small organisms such as larvae (1.5 billion a year)that are sucked in and pass through the pipes, and millions of adult fish and othersea life that are pinned against the grates at the mouth of the pipes. In 2010, California enacted a policy to help protect the marine environment,requiring all coastal power plants to replace once through cooling with analternative cooling system. San Onofre and Diablo Canyon were granted anexemption that allowed them until 2015 to determine how they would comply.The current discussion is now focused on Diablo Canyon and the viability ofinstalling cooling towers. The State Water Board could allow a permanentexemption or require it to replace the plant’s cooling system. On October 14 and 15, the Diablo Canyon Independent Safety Committee(DCISC) met in Avila Beach to make recommendations to the State Water Boardabout once through cooling and cooling tower issues at Diablo Canyon. Friends of the Earth, San Luis Obispo Mothers for Peace, the Alliance forNuclear Responsibility and the Sierra Club take the position that PG&E should beheld to the state’s requirement to end once-through cooling of Diablo Canyon’snuclear reactors. The DCISC voted to send to the State Water Board a “Preliminary Evaluationof Safety Issues for the Addendum to the Final Assessment of Alternate CoolingTechnologies or Modifications to Once-Through Cooling at the Diablo CanyonNuclear Power Plant.” This evaluation includes some major edits to the previousdraft as a result of input from Bill Powers, consultant to Friends of the Earth, aswell as Mothers for Peace and other members of the public. The DCISC was inconclusive about the whether a change from OTC to coolingtowers would lead to more or fewer safety problems, and indicated that furtherstudy was warranted. The Water Board will deliberate on the issue at its November 18 meeting inSacramento. At the request of the Alliance for Nuclear Responsibility, the DCISCsubmitted a letter to the Water Board requesting it set up a remote location forSan Luis Obispo residents to be heard via web-conferencing on Nov 18. TheSierra Club and Mothers for Peace have added our voices to this request to makeit possible for the citizens most affected by the Board’s decision to have theirvoices heard without their having to travel to Sacramento.

The goal of the state’s mandate to end once-through cooling at coastal powerplants is to create an alternative to once-through cooling that achieves the goal ofreducing the mortality inflicted on sea life by 97%. For years, PG&E has maintained that the costs of converting to OTC to achievethis standard are too high to justify, and they should be allowed an exemption orsome lesser, cheaper alternative that would partially mitigate the damage whilecontinuing to inflict it. If the Water Board agrees to our request for a local nodefor the Nov. 18 hearing, please be prepared to tell the board:

Donating a future easement on PG&E’s coastal property does not achieve thestate’s goal of 97% reduction in mortality (nor is it even relevant to the goal). Building offshore artificial reefs to attract and replenish sea life will not offsetimpacts on sea life equivalent to a 97% reduction in mortality. This was tried atSan Onofre, at great cost to ratepayers and after years of study. The results were afailure.

The Subcommittee finds that there is no basis for an exemption for DiabloCanyon from the OTC Policy. Based on the information presented above, theclosed cycle cooling options are viable alternatives to OTC for Diablo Canyonand should be considered with other viable cooling options. While the costs forclosed cycle cooling are highly uncertain, there is no doubt about the viability ofclosed cycle cooling in meeting the OTC policy. As a consequence, DiabloCanyon should be required to meet the same standards set forth in the OTCPolicy for the other OTC plants.

- Subcommittee Comments on Bechtel’s Assessment of Alternatives to Once-Through Cooling for Diablo Canyon Power Plant, Sept. 12, 2014

PG&E must not be allowed to duck the rules for coastal power plants

In 2011, PG&E informed the NuclearRegulatory Commission that the threemajor earthquake faults around theDiablo Canyon Nuclear Power Plantwere capable of generating greaterground motion than was believed whenthe plant was designed. On multiple occasions between 2012and 2014, when he was the NRC’sresident safety inspector at DiabloCanyon, Dr. Michael Peck tried to tellhis employers they couldn’t play fastand loose with new information aboutthe possible interaction of the Shore-line Fault with the other major faultsaround the nuclear power plant: PG&Ehad to apply for an amendment to theplant’s license and the NRC meanwhilemust order the immediate shutdown ofDiablo’s reactors. Diablo Canyon’s design basis is the“Safe Shutdown Earthquake” (SSE), amodel of the plant’s ability to safelyshut down in the midst of the maxi-mum ground motion the local earth-quake faults are believed to be capableof generating. As noted by Dr. Peck inthe September 13 issue of The Tribune,“PG&E could have updated the SSEsafety analysis with the new groundmotions. However, this approachwould have required an amendment tothe Operating License because theresulting stress would have exceededestablished safety limits for equipmentimportant to safety, including the

reactor pressure boundary. The NRCtypically doesn’t approve safetyanalysis changes that conclude safetylimits have been exceeded.” Instead, in consultation with PG&E,the NRC went about “bypassingstatutory requirements for notice andhearing opportunity associated with adesign basis change” and simplyrewrote the design basis in the plant’slicense application, “appearing to workaround the failed license amendmentprocess.” On October 28, Friends of the Earthpetitioned the U.S. Court of Appealsfor the D.C. circuit to review theNRC’s action, overturn it and order apublic license amendment proceedingas required by federal law. “At Diablo, it is now clear that theseoutdated 1960s-era reactors are notbuilt to withstand the earthquake risksthat surround the plant,” said DamonMoglen with Friends of the Earth.“But instead of making them addressthese safety issues, the NRC workedwith PG&E to change the rules.” As Dr. Peck wrote in the September13 Tribune, “PG&E continues tooperate the Diablo Canyon reactorsoutside the bounds of the facilitydesign basis as defined by the NRCOperating License. Any operationoutside of the design basis challengesplant safety due to erosion of regula-tory margins.”

Earlier in October, Senators EdMarkey and Barbara Boxer inquired ofthe NRC how it was that NRC ChairAllison Macfarlane had come to draft amemo proposing to muzzle the NRC’sindependent Office of Investigations. The memo outlined a reorganizationplan that would “essentially direct itsactivities at every stage of an investiga-tion, as well as by limiting the type ofinvestigations OI could undertake inthe first place,” and would remove “theindependence that is essential to aneffective investigative office,” theSenators wrote. Boxer and Markey described theproposal as likely to “have the effect ofensuring the investigations into somecriminal violations and matters withsignificant fiscal implications could no

longer be undertaken.” An NRC spokesman promptlyresponded “we can affirm that no suchreorganization plan exists, nor has onebeen contemplated.” Which must havemade the senators wonder how it waspossible that they could be in posses-sion of that memo, dated October 1,with Chairwoman Macfarlane’s nameon it. The senators also politely inquired ofChairwoman Macfarlane why shethought it would be a good idea to putthe NRC’s Office of General Counselin charge of the Office of Investiga-tions while the General Counsel’soffice is under fire for attempting toblock an investigation and allegationsof retaliatory actions in an Office ofInvestigations case.

TAKE ACTION


ClassifiedsNext issue deadline is December 1.To get a rate sheet or submit your adand payment, contact:Sierra Club - Santa Lucia ChapterP.O. Box 15755San Luis Obispo, CA [email protected]

CYNTHIA HAWLEYATTORNEY

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P.O. Box 29 Cambria California 93428Phone 805-927-5102 Fax 805-927-5220

Les Kangas

Solar Energy ConsultantREC Solar, Inc.775 Fiero Lane, Suite 200San Luis Obispo, CA 93401

Office: (805) 528-9705Cell: (805) 305-7164

2012 Crop Grass Fed BeefEstate Grown Extra Virgin Olive Oil

Available Now-Delivery AvailablePlease Get in Touch For More Information

Greg and Linda McMillan

805-238-4820 [email protected]


Outings and Activities CalendarSeller of travel registration information: CST 2087766-40. Registration as a seller of travel does not constitute approval by the State of California.

This is a partial listing of Outingsoffered by our chapter.

Please check the web pagewww.santalucia.sierraclub.org for

the most up-to-date listing ofactivities.

All our hikes and activities are open to all Club members and the general public. Please bring drinking water toall outings and optionally a lunch. Sturdy footwear is recommended. All phone numbers listed are within areacode 805 unless otherwise noted. Pets are generally not allowed. A parent or responsible adult must accompanychildren under the age of 18. If you have any suggestions for hikes or outdoor activities, questions about theChapter’s outing policies, or would like to be an outings leader, call Outings Chair Joe Morris, 549-0355. Forinformation on a specific outing, please call the listed outing leader.

Joe MorrisSierra Club(805) [email protected]

Now taking orders for the

2015Sierra ClubCalendarAccept no substitutes. Yourdesk will thank you. Your wallwill thank you. Your friendsand family will thank you. Andwhen you buy direct from theChapter, you support the SierraClub’s conservation work inSan Luis Obispo County. Wethank you.

10% off!wall calendar: $13.50desk calendar: $14.505 or more: 15% off!

To order, call:805-543-7051

Sat., Nov. 1st, 8 a.m., Cruikshank &Salmon Creek Trails. If you arelooking for a challenging hike withinspiring views and diverse landscapes,please join us. However, this hike willbe strenuous: total length of 13 miles,with 3,000 feet of elevation gain andloss. We will set up a car shuttlebetween the two trail heads. Route willstart at the Cruikshank trail head, climbnearly 7 miles to the South CoastRidge Rd., walk 1/4 mile south to thetop of the Salmon Creek Trail, anddescend back to Highway 1. There ispoison oak on this hike. The hike willtake all day. Hikers must contact theleader at least 24 hours ahead of timeto confirm. We will meet at Santa RosaPark (SLO) at 7:20 am and WashburnDay Use Area in San Simeon StatePark, north of Cambria on Hwy 1, at 8am. Bring water and food, sturdyshoes, sunscreen, hats, and jackets. For more info, contact Leader: BillWaycott, (805) 459-2103, [email protected]. Rain or the threat of raincancels.

Sat., Nov. 1st, 10 a.m., SLO CityWalk: San Luis Cemetery. Guidedstroll past gravesites of famouspioneers like Angel, Murray, Sin-sheimer, and Civil-War vets, plus the“old potter’s field” for indigents andthe landmark pyramid. Learn thecompelling stories of the 19th-centuryfounders of San Luis Obispo. Durationabout 1 1/2 hrs. Meet in south parkinglot adjacent to the pyramid, 2890 S.Higuera St. Leader: Joe Morris, 549-0355.

Sat., Nov. 8th, 8:30 a.m. RaggedPoint to Mt. Mars Hike. Twelve-mile,very strenuous hike, 2400 ft gain, insouthern Big Sur area, with ridgeviews. Poison oak likely near thesummit. A shorter hike possible sincewe retrace route on return. Bringlunch, sturdy shoes, and water. Meet atWashburn Day Use Area, 2 miles northof Cambria. Rain cancels. Leader:Carlos Diaz-Saavedra, 546-0317.

Sat.-Sun., Nov. 15th-16th. Exploreand Serve in Carrizo Plains. Satur-day, work to remove sections of fenceto enable pronghorn antelope move-ment. Sunday activity is group choice

—either in Caliente Range or tour ofpopular viewings areas in the plains.This is an opportunity to combine carcamping, day hiking, exploring, andservice in a relatively unknownwilderness. Leader: Craig Deutsche,310-477-6670 or [email protected]. CNRCC Desert Commit-tee.

Sun., Nov. 16th, 10 a.m. Coon CreekLoop Hike. Three-mile hike, 450 ft.gain in Montana de Oro State Park forocean, mountain, canyon, and creekviews. Meet at Coon Creek parking lot,3.8 miles after park entrance. Leader:Vicki Marchenko, 528-5567 [email protected].

Sun., Nov. 23rd, 10 a.m., SycamoreSprings Trekking-Pole Hike. Polecatsdedicated to leading local Sierra Clubday hikes to model benefits of usingtrekking poles effectively. This hike is2 miles, 600 ft. elevation change. Meet near entrance to SycamoreSprings Resort, 1215 Avila Beach Dr.. Need to confirm beforehand withleader: David Georgi, 458-5575 [email protected].

Sat., Dec. 6th, 8 a.m. FernandezSemiloop Hike. Hike on a remote trailnortheast of Pozo maintained by theCentral Coast Concerned MountainBikers. This is a moderately strenuous11-mile, 1400 ft. gain, outing withsome off-trail walking to follow acreek. Poison oak may be presentalong trail. Bring lunch and water. Meet in front of Pacific Beverage Co.in Santa Margarita. Rain cancels or

postpones. Information: Leader,Carlos Diaz-Saavedra, 546-0317.

Sat., Dec. 6th, 9 a.m. Cerro AltoHike. Join us on our 7th anniver-sary, seven-mile hike, moderatedifficulty and 1700 ft. gain, to CerroAlto summit, leaving from CerroAlto campground, descending pastthe old Sweetwater mine via theBoy Scout trail. Great views of

morros and coastline from peak. Reachthe campground via Hwy 41, 8 mileseast of Morro Bay and 12 miles westof Atascadero. Day Use fee of $5 atcampground parking area, unless youhave Adventure or Golden Age Pass. We will probably go for eats at TacoTemple afterwards. Rain cancels. Info:Leader, Chuck Tribbey, 441-7597.

Sun., Dec. 7th, 10 a.m. Valley andIslay Creek Hike. Two-mile, 300 ft.gain, loop hike, with mountain andcreek views in Montana de Oro StatePark. Meet near Spooner RanchHouse, about 2.5 miles past parkentrance. Information: Leader, VickiMarchenko, 528-5567 [email protected].

Fri., Dec. 12th, 7 p.m. VictorianChristmas City Walk in San LuisObispo. Easy, guided stroll past 15holiday-lit houses in the Old TownHistoric District to learn of the festiveChristmas customs, events, and localesof the 1890s. Duration about 1 1/2hrs. Meet in front of St. Stephen’sChurch, corner of Nipomo and PismoSts. Leader: Joe Morris, 549-0355.

Sat., Dec. 13th, 9 a.m. GibraltarReservoir and Canyon Hike. Moder-ate six-mile rt hike from Paradise Rd.to Gibraltar Dam in loop to see fallcolors, with option to continue toSunbird Quicksilver Mines for another6 miles. See Los Padres mt. vistas,river pools, and rock formations.

Sun., Dec. 21st, 5 p.m. VictorianChristmas City Walk in San LuisObispo. Easy, guided stroll past 15holiday-lit houses in the Old TownHistoric District to learn of the festiveChristmas customs, events, and localesof the 1890s. Duration about 1 1/2hrs. Meet in front of St. Stephen’sChurch, corner of Nipomo and PismoSts. Leader: Joe Morris, 549-0355.

Mon.-Fri., Dec. 29th-Jan. 2nd Holiday Service in Carrizo Plains. Celebrate the year’s end and offerservice to the pronghorn antelope inthis National Monument, lyingbetween SLO and Bakersfield, andgrassland home to also tule elk, kit fox,and a wide avian variety. Welcomehike on Dec. 29th, then 2 1/2 days ofservice modifying barbed wire fencing,then full day of hiking and exploringplanned. Use of accommodations atone of the old ranch houses is in-cluded. $30 covers four dinners andbreakfast on New Year’s Eve, butlimited to 12 participants. For info,contact Leader: Craig Deutsche, 310-477-6670 or [email protected].

Creek crossings possible if previousrainfall. Bring hat, water, sunscreen,and dress in layers for changingweather. From Hwy 101, take Rt. 154.,left on Paradise Rd. for 10 miles toend. Meet in restroom area nearparking lot entrance. $5 Los PadresDay Use fee. Leader: Andrea Ortiz,934-2792, 264-4527,or [email protected].

Sat., Dec. 20th, 8:30 a.m. Montanade Oro SP Plant Walk. Moderatelystrenuous, nine-mile, 1,000 ft. gain,hike to explore some of the hiddenbeauty of this park. We will see diverseplant communities: riparian, oakwoodland, and coastal sage scrub.Meeting at the Visitor’s Center, we willwalk to Spooner’s Cove, hike alongIslay Canyon, up the Barranca trail,then take the Hazard Peak trail to thetop and back to Visitor’s Center. Duration about 4 hrs. Bring water,snacks, sturdy shoes, sunscreen, hat,and jacket. Rain or threat of raincancels. Leader: Bill Waycott, 459-2103 or [email protected].

Above 12,000 feet Bill and DianaWaycott at 11,500 ft. above LowerPalisade Lake on the John Muir Trail onSept. 27, preparing to cross MatherPass (12,200 ft.) in the background.

Sat., Nov. 1st and December 6th,9:30 a.m. Citizens’ Climate Lobbymeeting at the Unitarian UniversalistFellowship, 2201 Lawton Ave, SLO.Join us and learn what you can do toslow climate change and make adifference in our community. Become aclimate activist and part of the solutionto the most pressing issue of our time.For information email:[email protected].

Activities sponsored by other organizations

Documents

Santa Lucian • Nov./Dec. 2014 1 SANTA LUCIAN - Sierra Club · Santa Lucian • Nov./Dec. 2014 1 Protecting and Preserving the Central Coast SANTA LUCIAN I n s i d e PG&E’s scandalpower