Forget the children, save NGS

Navajo Nation President Ben Shelly visits with Salt River Project Vice President John Hoopes after Shelly signed NGS lease renewal at the Navajo Nation Veterans Memorial Park on July 30, 2013, in Window Rock, Ariz. Photo by Marley Shebala

Greetings Relatives/Frens!
If you copy & paste Navajo Generating Station web address into your browser, you’ll be taken to the U.S. Department of the Interior’s website about Navajo Generating Station, including the “historic” agreement between NGS stakeholders/Salt River Project, the Navajo Nation, Gila River Indian Tribe, Interior, and others. There’s also a place where you can submit your email address to receive updates on the Joint Federal NGS Working Group.

Navajo Generating Station
http://www.doi.gov/navajo-gss/index.cfm

I’ve included the email from the U.S. Interior Department announcing the NGS-Joint Working Group, Bureau of Reclamation Water Rights Office/NGS-Joint-WR, BOR WRO announcing the first update from the Interior, Department of Energy and Environmental Protection Agency, which is also known as the Federal Navajo Generating Station Working Group, about their latest attempt to justify why three agencies of the U.S. government have teamed up to justify the continued existence of the eighth largest coal-fire generating plant in the nation.

The EPA, in 2011, proposed to require NGS to install about $1.1 billion worth of pollution controls, which would bring the 40-year-old plant into compliance with the EPA’s first national Mercury and Air Toxic Standards “to protect American families from power plant emissions of mercury and toxic air pollution like arsenic, acid gas, nickel, selenium, and cyanide. The standards will slash emissions of these dangerous pollutants by relying on widely available, proven pollution controls that are already in use at more than half of the nation’s coal-fired power plants.

“EPA estimates that the new safeguards will prevent as many as 11,000 premature deaths and 4,700 heart attacks a year. The standards will also help America’s children grow up healthier – preventing 130,000 cases of childhood asthma symptoms and about 6,300 fewer cases of acute bronchitis among children each year.

“By cutting emissions that are linked to developmental disorders and respiratory illnesses like asthma, these standards represent a major victory for clean air and public health– and especially for the health of our children. With these standards that were two decades in the making, EPA is rounding out a year of incredible progress on clean air in America with another action that will benefit the American people for years to come,” said EPA Administrator Lisa P. Jackson. “The Mercury and Air Toxics Standards will protect millions of families and children from harmful and costly air pollution and provide the American people with health benefits that far outweigh the costs of compliance.”

“Since toxic air pollution from power plants can make people sick and cut lives short, the new Mercury and Air Toxics Standards are a huge victory for public health,” said Albert A. Rizzo, MD, national volunteer chair of the American Lung Association, and pulmonary and critical care physician in Newark, Delaware. “The Lung Association expects all oil and coal-fired power plants to act now to protect all Americans, especially our children, from the health risks imposed by these dangerous air pollutants.”

Copy & paste into your browser: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/bd8b3f37edf5716d8525796d005dd086!

But political pressure from Congress, Navajo Prez Shelly and the Hopi Council forced the EPA to forget it’s stand to protect the health of children and to stand with the Interior Department and Department of Energy to protect NGS, jobs and money.

Copy & paste into your browser:
http://naturalresources.house.gov/news/documentsingle.aspx?DocumentID=242724

At the (2011) Congressional hearing, the President of the Navajo Nation, Ben Shelly, discussed how the NGS has spent over $650 million on environmental control technology to proactively address concerns and explained that, “NGS is an essential component of the Navajo Nation’s economy and our energy portfolio, and must remain viable, for the sake of the Nation and our People, for years to come.”

On July 30, 2013, Shelly stood proudly with his NGS negotiating team, Navajo Council Speaker Johnny Naize and C0-Negotiating Team leader Navajo Nation Attorney General Harrison Tsosie after signing the 25-year NGS lease renewal. In 2011, Shelly made it clear that he supported NGS and so it’s clear that his negotiating team, which was headed by the tribal attorney general, negotiated for NGS, not the Navajo children.

From: “NGS-Joint-WG, BOR WRO”
Date: July 31, 2013 11:19:19 AM MDT
To: BOR WRO NGS-Joint-WG
Subject: July 2013 Update from the Joint Federal Navajo Generating Station Working Group

To: All Navajo Generating Station Stakeholders
Subject: July 2013 Update from the Joint Federal Navajo Generating Station Working Group

This email is the first of what we expect will be periodic updates from the three agencies involved in the Federal Navajo Generating Station (NGS) working group. The Federal NGS working group was formed as the result of a joint statement signed in January 2013 by the Secretaries of the Department of the Interior (Interior) and Department of Energy (DOE), and the Administrator of EPA (EPA) (Joint Statement).

The purpose of the Federal NGS working group is to help collect sound, scientifically based information on issues relating to NGS for the Federal Government, and to help ensure that the three agencies work with stakeholders to complete a roadmap for the long-term future of NGS.

During the initial development period, the Federal NGS working group has begun meeting to educate and focus all Federal partners on the complex issues surrounding NGS, and to develop a process for implementing the 3-agency Joint Statement.

We have also set up a website to provide background information about the working group and NGS, including a copy of the three agency Joint Statement, as well as links to other important federal sources of information about NGS and the working group.

The three agencies recognize that NGS is important to a large number of Tribes, people, businesses, cities and towns, and others in Arizona and beyond. Some of these people and organizations share the same interests regarding NGS; others have different or even conflicting interests.

We recognize that addressing all of these issues wisely is both very important and very challenging. Reliable information and input from stakeholders on possible options and their impacts will be essential in these discussions.

As a result, the Federal NGS working group has agreed that completing a scientific study on clean energy options for NGS and its many stakeholders is the first step towards developing a meaningful roadmap for the future of NGS. The National Renewable Energy Laboratory (NREL) NGS Phase 2 Study will constitute this initiative (NREL is a DOE sponsored technology laboratory).

NREL staff and other representatives from the three agencies are in the process of identifying the scope of the NREL Phase 2 Study. Besides studying roadmap options for the long-term future of NGS, the NREL Phase 2 Study will also include several related near-term initiatives to address other actions and objectives identified in the Joint Statement.

We expect to be able to provide additional information about this effort soon, including how stakeholders affected by potential changes at NGS can provide input into the scope of the Phase 2 Study and its various components.

The Phase 2 Study initiative may result in a series of published technical reports that would be prepared at the completion of each key section of the analysis. There will be additional opportunities to provide input to the federal NGS working group as well.

Apart from the efforts being initiated by the Federal NGS working group, there are also two additional upcoming opportunities to comment on specific Federal agency actions related to NGS.

First, EPA has proposed a Best Available Retrofit Technology (BART) Rule for NGS to comply with the Regional Haze Rule and the visibility protection requirements of the Clean Air Act.

The comment period for EPA’s proposed BART Rule is currently open and will remain open untilOctober 4, 2013. The proposed rule would limit emissions of nitrogen oxides (NOx) from NGS that impact visibility – including at 8 national parks and 3 wilderness areas – and also affect human health throughout the region.

EPA intends to hold five public hearings in Arizona on the proposed BART Rule. More information about the proposed BART Rule, including a copy of the proposal and how to comment on it can be found on EPA’s Region 9 website.

On July 26, 2013, a Technical Working Group that includes representatives of Salt River Project, Interior, the Navajo Nation, the Gila River Indian Community, the Environmental Defense Fund, the Western Resource Advocates, and the Central Arizona Water Conservation District, submitted a Reasonable Progress Alternative to BART to EPA for consideration as a supplemental proposal to EPA’s original BART proposal.

If, after reviewing the Alternative, EPA determines that it meets the requirements of the Clean Air Act and Regional Haze Rule, it will publish this Reasonable Progress Alternative as a supplemental BART alternative for NGS and invite members of the public to comment on it.

Second, Interior expects to initiate preparation of an environmental impact statement (EIS) later this year addressing the potential impacts that may result from Federal actions required to renew and revise leases, rights of way grants, and permits for NGS, and the life-of-mine permit revision for the Kayenta Mine Complex, which supplies the coal used at NGS.

The leases and rights of way begin to expire in 2019, and the terms of the new leases and right of way renewals are currently being considered by the relevant parties. We will share additional information about preparation of the EIS and public participation opportunities related to the EIS once it becomes available.

As new information becomes available, we will update the website. If you have suggestions for revisions to the website, please forward them to the email address listed below.
Letty Belin
Counselor to the Deputy Secretary, Department of the Interior
Chair, Joint Federal Navajo Generating Station Working Group
email: ngs-joint-wg@usbr.gov
Joint work group website – http://www.doi.gov/navajo-gss/index.cfm
EPA’s Region 9 website – http://www.epa.gov/region9/air/navajo/

Navajo Prez signs NGS lease renewal

Navajo President Shelly held a signng ceremony of the NGS lease renewal in front of the Window Rock on July 30, 2013, Photo by Marley Shebala

On July 30, 2013, Navajo Nation President Ben Shelly signed the Navajo Generating Station lease renewal and the Navajo Nation Council legislation approving the lease renewal during a “signing ceremony” in front of the Window Rock.

Navajo Nation Council Speaker Johnny Naize, who sponsored the Council legislation for the NGS lease renewal, and Navajo Nation Attorney General Harrison Tsosie, who co-chaired the Navajo Nation NGS Lease Renewal Negotiating Team were part of the signng ceremony.

I attended the event and thanks to the generous assistance of a friend, I was able to use her tape recorder to record the signing ceremony. The following is a transcript:

Introductions:
Sam Woods, Navajo Generating Station negotiating team for Navajo Nation
Marty Ashley, Navajo Tax Commission director
Marcelino Gomez, Navajo Nation Department of Justice attorney
Barry Drost, Salt River Project major projects director
Steven Etsitty, Navajo Environmental Protection Agency director
Ram Das, Navajo Nation Mineral Department manager
Fred White, Navajo Nation Division of Natural Resources director & Co-Chair NGS negotiating team for Navajo Nation
Jim Pratt, Salt River Project manager of generation engineering
Harrison Tsosie, Navajo Nation Attorney General & Co-Chair of NGS negotiating team for Navajo Nation
President Ben Shelly
John Hoopes, Salt River Project Vice President
Johnny Naize, Council speaker

JOHN HOOPES, SRP VICE PRESIDENT
First, I want to thx prez shelly for inviting us here today. It’s indeed an honor and a privilege to be here. This is a significant day for both the Navajo Nation, it’s pple and of course Salt River Project and the other owners of Navajo Generating Station.
I don’t need to tell you that this transactions, these negotiations were important to the owners especially to Salt River Project as the operator of the plant. And we believe that the result of those negotiations will certainly benefit those owners.
I want to acknowledge though that in course of those negotiations there were differences and those differences reflected the legitimate and sincere views of pple of your nation.
And we respect those views. And you wud think that after 40 years as your guest and tenant at NGS that we wud know each other fairly well. But I’m told that one of the most significant benefits of these negotiations was that we learned much more about you, about your priorities, about your culture, about the things that you value.
And we hope that will aid our relationship going forward. And we look forward to that relationship.
I wud like to thank on behalf of the customers and shareholders of Salt River Project and the other owners that I represent, I want to express my thanks and our thanks to the negotiating team for their efforts.
It is unfortunately I guess true that the things that are most important to resolve are sometimes the things that are most difficult to resolve.
And perhaps that was true in this case. But they have been resolved and I hope in the long term we will see the benefit of that resolution.
And likewise when things are most difficult that is when leadership is most necessary. And true leadership, not cheerleading, but leadership. And there was clearly leadership on both sides, on all sides of this issue but particularly I have to thank President Shelly and his representatives on the negotiating team for their honesty and their good faith.
And I can’t say much more than that. Sincere thanks. And our sincere hope that this will be the beginning of a new chapter in our relationship. And that that relationship will continue to be to our mutual benefit.
Again, thank you for inviting me.

NAVAJO NATION ATTORNEY GENERAL HARRISON TSOSIE
And I want to welcome everyone out this signing ceremony of an important document for the Navajo Nation.
But at the beginning, I want to acknowledge and recognize folks that assisted in this effort, primarily the Speaker of the Navajo Nation Council and the various Council delegates who approved this document and recognized the efforts and the benefits that will accrue to the Navajo Nation, to our members that are employed there, to the positions that it funds here within the Navajo Nation, for Navajo Nation employees, the many departments, programs, divisions that receive the benefits of this particular economic project on the Navajo Nation and how important it is.
It is unfortunate that our economy is not as diverse as it should be but never the less this is an important feature of the current economy.
And the first thing I want to do is thank the negotiating team also: Sam (Woods), Marty (Ashley), Marcelino (Gomez), Akhtar (Zaman, Navajo Nation Minerals Department director), Steve (Etsitty), Ram (Das), and Fred (White) and also Bill Johnson who is also with the Department of Justice.
Their commitment in this particular negotiations was to the Navajo pple. And it’s the Navajo Nation, the Navajo pple’s resources, the lands, the air shed, the water, the employment, the coal.
Those are Navajo Nation resources that we’re utilizing to produce a product – energy, electricity, that’s used in the more populated areas of the state of Arizona and throughout the southwest that returns a certain amount of benefit for us, in terms of scholarships, in terms of jobs, and a variety of benefits that trickle down and out through the Navajo Nation.
And this negotiating team saw that as our primary commitment that our focus was on continuing these operations that benefit from the revenue streams of this particular project.
So we are thankful that the owners are committed to the continued operations for at least 25 years.
And we recognize that during those 25 years that we do have to transition our economy to make it more diverse so we have other revenue generators that we can rely on to produce income for the Navajo pple.
So I just wanted to point these little things out and to again thank the president and SRP folks and the owners of the NGS for their commitment for the next 25 years.
And they will have to make some large investments to keep this operation going also.
We just want to recognize that and thank all of the stakeholders in this activity.

SPEAKER JOHNNY NAIZE
First of all I want to thank Mr. President and the pple on behalf of the 22nd Navajo Nation Council.
And also mainly thank the pple that are employed at NGS, Navajo Generating Station and also pple are employed at Peabody Coal.
I know that though the months they have been calling . They have been on top of this ever since we began this legislation.
And they stuck with us throughout the times when they might have lost hope with the nation but we continually advising them that things will come up properly the way it should be at the end. And which it did.
So I thank the employees of both NGS and Peabody for having the continued confidence in the nation.
So with this I believe and hope it’s a sigh of relief when the president signs the legislation.
So on behalf of the Council again we will continue to provide that support. And also we continue to recognize the NGS as a neighbor to the nation, also Peabody itself. We recognize that the nation receives millions of dollars from these two companies and then it provides employment of course to our pple and also provides a stable economy to our nation and also to the state which includes Page and taxes to the state itself.
So there’s a lot that this revenue when it comes about is we share this revenue not only with the nation but we share it with everybody else.
So with that on behalf of the Navajo Nation Council, we thank and appreciate the pple that are here today.

PRESIDENT BEN SHELLY
I’m telling Erny (Zah), you’re not working for the Navajo Times no more; you’re working for me. Your boss is a politician and you have to follow my lead. Other news agencies you kind of have to follow policies and ethics. But my office, you have to make me look good and you keep your job. (Laughter)
First of all, I’d like to add to Speaker’s address. When people get paid, they get their deduction tax wise. The state benefits, the federal government benefits. Also the check comes out; the border towns benefit.
Page has been doing very well. I need to meet with the mayor and maybe talk to him, sit down with him. They need to do more for the Navajo there because it’s just like Gallup.
Without Navajos, they won’t make money.
I think every border town, the mayor needs to be brought in. We need to sit down and what is good for Navajo. They need to open themselves up a little more, just the way NGS is starting to do, to know us, know what we want and treat us right and we will benefit, both of us.
That’s what we need to do. That message needs to go out.
Now back to business at hand here, the resolution of the 22nd Navajo Nation Council, the third year, 2013, related to Resources and Development Committee, Budget and Finance Committee, Naa’biki’yati’ Committee, rescinding CAP-21-13, and recommending and approving amendment number one to the Indenture of lease effective December 23, 1969, between the Navajo Nation and Arizona Public Service Company, Salt River Projects and Agricultural Improvements and Power Districts.
Am I correct on that? We’re on line on that? Okay. That’s why I read this because I may signing the wrong one here.
That’s the resolution that was passed by the Navajo Nation Council.
I will be signing, only my signature by Navajo Nation. Arizona Public Service Company will sign. Department of Water and Power, City of Los Angeles will sign.
Where it says Attest Title, what will happen once we sign this, Ms. Shirley will notarize it for us. She is over there. She will notarize it and by the end of the day, everything will be legal. You are the witness.

After a brief explanation by staff to President Shelly, Shelly announces that he will be the only one signing and that SRP and others will sign later.
As he signs documents, he asks if he’s signing proper documents.
Shelly then realizes that he’s signed the lease first and that he’ll be signing the Council legislation next.

Shelly’s public information director Erny Zah announces that a group photo will be taken of President Shelly, Salt River Project officials and the Navajo Nation NGS Negotiating Team.

Is President Shelly acting in best interest of NGS, instead of ALL Navajo pple?

Since March 2013, Navajo Nation President Ben Shelly has known about the alternative proposal to the US Environmental Protection Agency’s proposed Best Available Retrofit Technology/BART for Navajo Generating Station.

On Thursday/7-25-13, the Interior announced that a “historic” agreement supporting the alternative proposal was signed by the NGS stakeholders – Interior, Central Az Water Conservation District, Navajo Nation, Gila River Indian Community, Salt River Project, Environmental Defense Fund and Western Resource Advocates.

On Friday/7-26-13, Shelly announced that the “Navajo Nation “ signed the agreement, which was created by a “diverse group of stakeholders” that included the “Navajo Nation, who formed a Technical Workgroup (TWG) actively engaged since March 2013.”

It’s interesting that Shelly stated that the Navajo Nation, not him, formed the TWG. 

Will Navajo Council’s Naabi Committee support reduction of federal regs?

Navajo Nation government remains in Corporate America mode – On today’s Council Naabi agenda is Speaker Naze’s legislation “Supporting the “Native American Energy Act” H.R. 3973 A U.S. Congressional Bill to Facilitate the Development of Energy on Indian Lands by Reducing Federal Regulations that Impede Tribal Development of
Indian Lands”

If the Navajo Council chamber wifi is on, I’ll be blogging today on Naabi Committee debate & actions.

I was at Navajo Council Resources & Development Committee on tuesday, 7-23-13, which was meeting in Council chamber, but couldn’t blog cuz wife was not on… If anyone has any ideas on how to inexpensively connet to wife, plez share! Thx.

PROPOSED NAVAJO COUNCIL NAA’BIKI’YATI’ COMMITTEE AGENDA
https://docs.google.com/file/d/1Y7qe0jCtDduDOBY0FDaijiTg_IvLRnCo0Vg9-MNAmgTICx61PemPVbsLcNeb/edit?usp=sharing

Council ceases debate on NGS lease extension

DELEGATE JONATHAN NEZ
Cease debate?

DELEGATE PHELPS
point of order: not sure if being tired reason for cease debate. have amendment and i have been pushing button to be recognized.

COUNCIL VOTING ON CEASE DEBATE WHICH REQUIRES 2/3 VOTE WHICH WUD BE 16 OR MORE
17 in favor, 5 oposed

COUNCIL LISTENING TO FINAL READING OF LEGISLATION FOR NGS LEASE EXTENSION

VOTE – New deadline for SRP to walk, not make accrued payment

Council voting on Delegate Witherspoon amendment to change deadline for SRP and non-US owners to walk and not pay accrued payments of $119 million by Dec. 22, 2013 and not Dec. 2019.

VOTE WAS 11 IN FAVOR, 11 OPPOSED AT 9 PM
Speaker Naize breaks tie with YES vote
12 in favor, 11 opposed

NGS/SRP – if market drops, less money to Navajo

DELEGATE NELSON BEGAY
If really no room for amendments, then tell us. Don’t like some of Speaker’s staff calling some of delegates “deal killers.”
And wat about Phoenix meeting tomorrow?
Wat is it that we really are doing?
We approved an agreement and this wud rescind that lease extension.
If deal killer then tell us cuz staff telling us.
Wud like to suggest caucus but not sure?

SPEAKER PRO TEMP MEL BEGAY
my responsiblity is to address subject not how much room have for negotiations. I leave that judgement up to you and why you have previlige to vote.
I can have sponsors answer whether have room to negotiate.

SPONSOR – SPEAKER NAIZE
any amendments up to Council but majority of Council will dictate amendments.I suggest we continue with discussion. I say again that we have had work session so many times before. when met with SRP there were only few of us there.

ATTORNEY GENERAL HARRISON TSOSIE
negotiating process is acceptance and what not acceptable until both agree.
in this case, this agreement has been negotiated for number of years and meetings with Delegates after April there were agreements.
from other party is wat on table is wat willing to agree to and if changes then run risk of not agreeing.
also as time moves along in this agreement, lose payment schedule and what happend with April payments, lost those.
wat other party telling us is waht they are willing to accept and if amendments then not accept and lose payments. those owners committed to project might drop out and NGS decommission in 2019 instead of 2044.

DELEGATE ALTONG SHEPHERD
amendment and wat agree to is going back on NGS letter to us, basically saying on water rights clause that they cited that undefined and unquantified. wat is good for goose, good for gander. they tell us can’t do when undefined and unquantified so this is same issue.
DOJ said there are rules and regulations but this is our way to negotiate. but for lease to go forward, we are making it stronger.
Wat we sent to Secretary of Interior was acceptable.
and these payments are in lieu of taxes.

DELEGATE NELSON BEGAY
Is there room for amemdment? If make amendments and return this Legislatin to SRP, represents NGS, will our amendments again be rejected by SRP?

This seem to be rubber stamp of what SRP wants and what our negotiating team put together.

DELEGATE ALTON SHEPHERD
Based on minutes, I asked same question as Honorable Nelson Begay and I receive no answer.

SPEAKER PRO TEMP MEL BEGAY
What I used to review yesterday’s discussion was to help in our discussion.

SPEAKER PRO TEMP CONTINUES ON WITH COUNCIL DEBATE WITHOUT ASKING SPONSORING PARTY, WHICH IS SPEAKER NAIZE, TO ANSWER DELEGATES’ QUESTION

Question over Corrected NGS Legislation Dismissed

DELEGATE LEONARD TSOSIE
I thot sponsor and staff return with corrected exhibit and update expire dates.

SPEAKER PRO TEMP MEL BEGAY
The tabling motion was only for Legislation/NGS Lease Renewal to retun today.

DELEGATE DWIGHT WITHERSPOON
I’m waiting for copies of written amendment.

Council takes up Legislation 0177-13 NGS Lease Renewal

DELEGATE ELMER BEGAY
Motion to take NGS Lease Renewal Legislation off tabling status

DELEGATE LEONARD TSOSIE
Serious meeting in Phx where NGS announce how deal with USEPA pollution rules. Federal pple are going to be there. Without that information, I believe we will be voting in the blind.

AS DELEGATE TSOSIE SPEAKS MANY OF THE NAVAJO PEOPLE IN THE GALLERY BEGIN TO GROAN LOUDLY.

COUNCIL VOTES AT 3:25 PM
15 in favor, 5 opposed