All posts by BP

Virtual corporations …..real solutions

Passage of Bill H-458 is a necessary but just a first step along the path towards making Vermont into the “Delaware of the Net”….Testimony of David R. Johnson  Before the House Commerce Committee

I read today that Vermont may become the Delaware of the Net on June 6th .I never used to worry about the unintended consequences of Vermont tax law. Did we want to be ‘the Delaware of the Net ‘? Naturally and/or perhaps selfishly I wonder what’s in it for Vermonters ? Jobs? Any technical administration could be outsourced anywhere in the World I imagine.Virtual law cases and lawyers might have some in-State impact.Gov.Douglas who is averse to taxing brick and mortar corporations would be even less likely to tax a virtual corporation in Vermont.Virtual sales taxes on Sesond Life products ? It is suggested from the start that fees remain low to encourage virtual registration .The e-state technical side of this may be lagging a little if the recent level 3 web server crash problems continue.

This law may not be a bad thing,it may even be good thing,but I drive over poorly maintained roads and bridges,health care is expensive ,State services are being cut and solutions seem out of reach for the near term so selfishly I wonder who this helps?

David R. Johnson’s testimony continued ….I recommend that the Secretary of State initially impose a nominal filing fee for accepting the filings necessary for establishing an online company.

By allowing innovation by the private sector, including the members of the Vermont Bar who will assist such companies, this Bill may make it easier for people all over the world to find a job (online) and to create valuable products and services (a portion of the revenues from which will rightly become payable to Vermont in the form of fees — in exchange for the provision of an electronic company headquarters).

http://cairns.typepad.com/blog…

Under the new law, for example, a board meeting may be conducted “in person or through the use of [an] electronic or telecommunications medium.” A “‘virtual company’ will be, as a legal matter, a Vermont limited liability company,” said Johnson. And other states are required to recognize the corporation as a legitimate LLC. So while in the past many companies registered in Delaware to take advantage of that state’s business-friendly policies, with this law, Internet-driven startups may find Vermont even more ideal.

http://gigaom.com/2008/06/17/v…  

http://dotank.nyls.edu/VisualC…      http://www.leg.state.vt.us/doc…

State bent rules for Omya ?

Some news of whistle blower variety on the Agency of Natural Resources today .Comparison between Omya and Intervale compost is a little tough to avoid on this . I have notice is Gov.Douglas awfully touchy about the environment lately.

Whistle Blower : State bent rules for Omya

ANR employee accuses his division of working on the company’s behalf

A state regulator has accused his own department of ignoring the law when it decided in April to issue a draft solid waste disposal permit for Omya Inc.

John Brabant, a 20-year veteran of the Waste Management Division, said the state should bring an enforcement action – a statement of violations along with possible penalties – against Omya because its unpermitted waste site is not in compliance with the state’s solid waste laws.

Brabant accuses the Agency of Natural Resources of working on Omya’s behalf. He said the agency is using a different standard for the company and cited the enforcement action taken against Intervale Compost Products in Burlington, which was found to be in violation of its solid waste certification and also lacked an Act 250 land use permit. ANR also fined the town of Shrewsbury transfer station $9,200 for failing to renew its permit in a timely fashion and for what Brabant termed minor violations.

John Sayles, ANR’s deputy secretary, said the agency’s enforcement action against Intervale Compost Products was based on a determination that if the leachate at the site entered the groundwater “that would cause an imminent threat and it was appropriate to take action,” Sayles said. In Omya’s case, he said a recent study concluded that the Omya site posed no such threat.

Times Argus ,Bruce Edwards   http://www.timesargus.com/apps…

Brian Dubie declares intention to read large book,rumored to be bigger than a phone book!

(Is there anything about Dubie that’s not symbolic? – promoted by JulieWaters)

MONTPELIER – Lt. Gov. Brian Dubie declared a home-heating fuel emergency Wednesday morning, saying the state needs to begin preparing for worst-case winter scenarios involving shortages of fuel and oil.

He announced that he would begin a thorough review of Vermont’s emergency response plans – a book several times larger than a state phonebook – to determine if the state should begin preparing for emergencies related to fuel shortages.

Dubie, a Republican up for re-election this year, said his declaration of an emergency was a symbolic one, meant to draw local and state attention to the concern that high fuel costs could result in Vermonters being frozen from their homes this winter.Rutland Herald

Simply ,simply ,brilliant ,no one had noticed that fuel is now creeping up over the top .Who could have predicted without Dubie’s well timed reminder that it may be expensive for people to heat their homes ?  Why is no one running against this man ?

Vermont showcases Obama’s health care plan

( – promoted by odum)

A surprise article in the Lobbying section of The Politico says elements of Vermont health care plan are being studied. Historic background of the ups and downs of the various efforts are given. I hope they pick the parts that work.

Wondering what health care might look like in an Obama administration?

Check out Vermont.

Two years ago, the Vermont Legislature approved an initiative moving the state closer to universal health care coverage. The scope of the plan, hampered by a recent Bush administration funding flip-flop, bears some similarity to Barack Obama’s health care proposal: no mandates, income-related subsidies, and savings through expanded prevention and wellness programs.

….The health care overhaul passed in May 2006 with the votes of all the Senate Democrats and five of the nine Republicans.

Not everyone was happy with the plan. The state Chamber of Commerce objected to the tax increases. And progressive groups didn’t like that the plan relied upon private insurance programs, rather than setting up a single-payer system.

…But today, even the strongest advocates are frustrated with how their plan has been implemented. So far, only about 5,000 people have enrolled in Catamount, far fewer than the 25,000 eligible for the program. Advocates blame the low enrollment on the bad economy.

http://www.politico.com/news/s…

Closed bridge and Gov.Douglas’s B-

“Unfortunately, the state is short on formal long-range strategic thinking” says the non-partisan governing.com which this Spring gave Gov.Douglas a B- for management skill.Here is that  B- minus grade in action. The state has 86 steel truss bridges similar to the one shut down and slated for a temporary replacement last week.Bridges even minor ones on secondary roads effect communities.Traffic patterns,jobs,small business disruptions and other habits of commerce are impacted. 86 bridges! The Times Argus has a nice profile of how the situation in Waterbury is touching local people .These problems have been in existence for years ,problems waiting for a solution from a competent manager.Having your people skillfully spin a situation like this  when it could have been seen and prevented is not management but damage control.The bridge problem is still waiting for Gov.Jim Douglas’s real solution after six years .

Closed bridge on Route 2 in Middlesex paves way for concerns

Last year,business man Don Wexler notes, after a catastrophic bridge collapse in Minneapolis, transportation officials used the Route 2 bridge as a backdrop to highlight problems with Vermont’s older bridges.

“They talked about how this bridge was the poster child for problems in Vermont,” says Wexler, also chairman of the Moretown Selectboard. “Well if it was the poster child bridge, why wasn’t it higher up in line to be replaced?”

http://www.timesargus.com/apps…

Entergy web

Vermont Yankee low rate aging nuclear power plant is in the news again.The Times Argus has the story.

Press releases early on said one thing regarding responsibility for the decommissioning fund when the reality was slightly different .

Entergy of New Orleans and Entergy of Vermont confuse each other’s areas of responsibility .Wait until the new shell Enexus is added to the tangled corporate web of liabilties.

The real gem and credibility builder is this from David O’Brien DPS regarding press releases . “Press releases aren’t binding in law,” O’Brien said. “What’s binding in law is the Public Service Board order” approving the sale. “What difference does it make what a press release says at the end of the day?” ….Gov.Douglas’s man all the way

This is of course true but perceptions from press releases matter also as well as binding legal power

Today the responsibility for decommissioning Vermont Yankee is with its owner,” Entergy Nuclear vice president and chief financial officer Wanda Curry told the House Commerce Committee on April 16. “You can think about it in numerous ways, but its owner is Entergy Nuclear Vermont Yankee. Its owner is not Entergy.”

That would appear to run counter to three Entergy press releases issued in 2001 and 2002. The first, dated Aug. 15, 2001, announcing Entergy’s plan to buy Vermont Yankee, said, “Entergy will also assume decommissioning liability for the plant and the plant’s decommissioning trust fund, which is required by the U.S. Nuclear Regulatory Commission.”

David O’Brien, commissioner of the Department of Public Service, agreed with Williams that the key 2002 legal documents leave Entergy’s parent company off the hook for decommissioning costs at Vermont Yankee.

“Press releases aren’t binding in law,” O’Brien said. “What’s binding in law is the Public Service Board order” approving the sale. “What difference does it make what a press release says at the end of the day?”

http://www.timesargus.com/apps…

VY clean up

This from a brief article in the Free Press.The reporter needs a to do an awful lot more,this is just not enough.

MONTPELIER – State officials said they offered a compromise late in the legislative session that would have allowed for decommissioning of the Vermont Yankee nuclear power plant to start in 2032.

Legislative leaders say the proposal never reached their ears, though they aren’t sure they would have gone for it anyway.

The compromise might have resolved concerns about waiting 60 years for the plant to be cleaned up, as is possible under the state’s 2002 agreement with Vermont Yankee’s owner, Entergy Corp.

Legislators tried to require the guarantee of more money for a speedier cleanup if Entergy’s corporate restructuring plan goes through, but Gov. Jim Douglas vetoed the bill. As that bill was in its final stages in the Legislature, Public Service Commissioner David O’Brien said he offered the 2032 compromise.

“I think there was a lot of angst, I think on all sides of this bill,” Deputy Commissioner Smith said. “It had become very political.”

You think ? Who is trying to clean up the record?

http://www.burlingtonfreepress…

“This stuff just could be the salvation of the airline industry as we’ve known it.”

(I’ve been interested in this approach since I first heard about it a few years ago; glad to see people investigating it as a serious fuel source. – promoted by JulieWaters)

gushes a reporter from Cheapflights.com

Pond scum…algae .It seems unlikely but some big money is going into research .Fuel from corn seemed like a great idea at first until planting it for fuel started to disrupt food supplies and raise costs .What volume of algae would it take to even be a major fuel supplement let alone saving the airline industry as we know it? Pond scum natural and cultivated must have some function in the scheme of things that may get out of whack if massive amounts are cultivated or taken for fuel . I hate to be negative to new ideas but painting these too good to be true industry promoted solutions as magical saviors of our current energy lifestyle is misdirected .Perhaps, it’s a part of the puzzle. A multitude of economic,governmental and lifestyle factors have gotten us to this point fuel-wise and sadly I can’t imagine pond scum saving us.

“Given the social, economic, and environmental possibilities for algae, and the growing number of companies, technologies and products being developed to address them, it is becoming increasingly important to harness their potential  for use across multiple industries now,” said Billy Glover, managing director, Environmental Strategy,  Boeing Commercial Airplanes, and ABO (Algal Biomass Organization )steering committee co-chair.

http://www.biofuelreview.com/c…

Sapphire Energy came stealth mode on Wednesday, saying that it has produced the chemical equivalent of gasoline with algae. The San Diego, California-based company also disclosed that it has raised $50 million from Arch Rock Ventures, Venrock, and the Wellcome Trust.

Formally launched last May, it said on Wednesday that it has hired Brian Goodall who led a team of engineers responsible for a cross-Atlantic Virgin Atlantic flight that used algae-based fuel earlier this year.

Sapphire Energy’s ”green crude” has been certified with a 91-octane rating, but disclosed few details about its technology.

Its process can grow algae using wastewater and the executive team is confident that the technology can scale up to produce by a gasoline at commercial scale, according to the company.

http://www.baystreet.ca/articl…

Sapphire CEO and co-founder, Jason Pyle, is being cagey about revealing how much it costs to produce his algae-based product or how much it would cost at the petrol pump. In interviews, he indicated that production costs per barrel would be similar to petroleum-based fuel, which is very much a moving target at the moment.“Sapphire Energy was founded on the belief that the only way to cure our (US) dependence on foreign oil and end our flirtation with ethanol and biodiesel is through radical new thinking and a commitment to new technologies,” he told the recent Simmons Alternative Energy Conference.

http://www.guardian.co.uk/busi…

About that VY veto ? (updated)

( – promoted by Jack McCullough)

MONTPELIER, Vt.-Three weeks after Gov. Jim Douglas vetoed legislation seeking guarantees behind the Vermont Yankee decommissioning fund, his administration is raising its own questions about the financial stability of a proposed new owner for the nuclear plant.

“Douglas seems to be requiring Enexus to show some more financial capability, which is exactly what the decommissioning bill was asking for … This has the same effect, so why did you veto the bill? Rep. Tony Klein, D-East Montpelier

It’s just different when the Governor Jim Douglas requires Entergy to show financial capability .When the legislature does it you fear rates will go up ,when Douglas does it……

Then …….

Douglas complained that Entergy would respond by charging Vermonters more for power after the current contract between some of the state’s utilities and the nuclear company expires in 2012. He said the decommissioning bill would “unnecessarily and substantially increase the future cost of electricity on both businesses and families.”

Now …..

“Fundamentally, the proposed reorganization raises issues related to the financial soundness of the new corporation, Enexus,” Stephen Wark, the department’s director of consumer and public affairs, said in a statement Thursday.

Wark acknowledged Wednesday that if the Public Service Board agrees with the department’s recommendations, Entergy is likely to perceive those requirements as similar to the legislation.

“We think it’s different but it could be perceived that way,” Wark said in an interview. “I’m sure Entergy will perceive it that way.”

http://www.boston.com/news/loc…

 An update ..the company that can’t/won’t flesh out the de-commissioning fund

New Orleans-based Entergy — which is seeking regulatory approvals to spin off six nuclear plants into the nation’s first stand-alone nuclear-power company, dubbed Enexus Energy Corp. — says an allowance price of about $30 could net the new company $600 million a year of added profit.

Carbon limits could usher in a period of “supernormal profits” for nuclear operators in markets where rates are deregulated and have more ability to rise, says Hugh Wynne, utilities analyst for Sanford C. Bernstein & Co. But he warns that profits, if perceived as excessive, run the risk of inciting a public backlash, perhaps including calls for a windfall-profits tax.

http://online.wsj.com/article/…

Bolton dodges attempted ‘war crimes’ arrest

How much political theater is useful ? I can’t see anything but good if the people responsible for the Iraq War and it’s crimes are being subjected to this type of action . Surely, slightly disrupting their lives is the least that can be done .They started a War after all .

Thursday May 29, 2008

The Guardian

The environmental campaigner George Monbiot last night tried and failed to make a citizen’s arrest of the former Bush administration official John Bolton over alleged “war crimes” committed during the invasion of Iraq in 2003.

As Bolton, a former US ambassador to the UN, ended an hour-long discussion at the Hay festival, Monbiot, who had earlier challenged him for alleged breaches of the postwar Nuremberg Principles, defining war crimes, moved towards the stage waving a charge sheet.

But security staff intervened and bundled Monbiot out of the tent as 20 supporters chanted “war criminal” and waved placards. The comedian Marcus Brigstocke, who tried to pursue Bolton as he left the other side of the tent, was also blocked by security staff.

Afterwards, Monbiot, a contributor to the Guardian, said: “I’m disappointed I couldn’t reach him, but I made what I believe to be the first attempt ever to arrest one of the perpetrators of the Iraq war, and I would like to see that followed up.”

http://books.guardian.co.uk/pr…  article

..a citizen’s arrest of John Robert Bolton, former Under-Secretary of State, US State Department, for the crime of aggression, as established by customary international law and described by Nuremberg Principles this link for specific charges

detailed ‘charges’ here …

http://www.monbiot.com/archive…