balancing the scales - January 2010

Budget Bake Sale raises tax reform awareness while contributing $200 to the state’s $1.5 billion budget shortfall

Kentuckians For The Commonwealth P.O. Box 1450 London, Ky. 40743

January 26, 2010

Non-Profit U.S. Postage PAID Lexington, Ky. Permit No. 513

Volume 29 Number 1

Change Service Requested

balancing the scales

Inside...

• Fill placement agreement a step forward but mandatory protections in the Stream Saver Bill are still needed • Stop Smith Campaign continues to build momentum • Harlan members work with city council to apply for energy grant • A new chapter in the making: Northern Kentucky

- One cupcake at a time-

• 2010 KFTC’s Legislative Issues at a glance

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balancing the scales, January 26, 2010

Table of Contents Katie Goldey 3 Environmental community mourns the recent passing of Sue Anne Salmon

page 3

Local Updates Central Kentucky members begin 2010 with an energized start A new chapter in the making: Northern Kentucky members start to organize Harlan members work with city council to apply for energy grant New documentary follows KFTC members as they organized

page 5 page 5 page 6 page 7

Economic Justice: Budget Bake Sale raises tax reform awareness

page 8

Canary Project Fill placement agreement a step forward EPA considers coal ash a hazardous threat to public health New report says Appalachian states should look beyond coal

page 9 page 10 page 10

High Road Initiative: KFTC launches new Appalachian Transition Initiative Energy coalition, KySEA, preparing energy legislation

page 11 page 11

Rural Electric Cooperative Update Stop Smith Campaign continues to build momentum Kentuckians’ voices are needed to speak up for clean air and public health KFTC members continue letter writing campaign to stop the Smith Plant

page 12 page 13 page 13

Voting Rights Voting Rights update Former Felon Voices

page 14 page 14

Calendar Major lobby days, chapter meetings, film screenings Statewide “I Love Mountains” events

page 15 page 16

Cover Photo: KFTC members Harriette Seiler (left) and Lane Adams (right) display their baked goods before heading out to lobby their legislators in support of HB 13.

Kentuckians For The Commonwealth is a statewide grassroots social justice orga­­ni­ zation working for a new balance of power and a just society. KFTC uses direct-action organizing to accomplish the following goals: • foster democratic values • change unjust institutions • empower individuals • overcome racism and other discrimination • communicate a message of what is possible • build the organization • help people participate • win issues that affect the common welfare • have fun KFTC membership dues are $15 to $50 per year, based on ability to pay. No one is denied membership because of inability to pay.

Membership is open to anyone who is committed to equality, democracy and nonviolent change.

KFTC Steering Committee K.A. Owens, Chairperson Steve Boyce, Vice-Chairperson Pam Maggard, Secretary-Treasurer Doug Doerrfeld, Immediate Past Chair Susan Williams, At-Large Member

Chapter Representatives

Dana Beasley-Brown (Bowling Green) Jerry Moody (Central Kentucky) Rick Handshoe (Floyd) Carl Shoupe (Harlan) Becki Winchel (Jefferson) Cari Moore (Knott) Patty Amburgey (Letcher) Becca Parrish (Madison) Randy Moon (Perry) Vanessa Hall (Pike) Sue Tallichet (Rowan) Alternates: Donna Aros, Matt Heil, Bev May, Stanley Sturgill, Martha Flack, Bobby Hicks, Jeff Chapman Crane, Ray Arnold, Truman Hurt, Erica Urias, Ted Withrow

Kentuckians For The Commonwealth P.O. Box 1450 London, Kentucky 40743-1450 606-878-2161 Fax: 606-878-5714 info@kftc.org www.kftc.org

balancing the scales is published by Kentuckians For The Commonwealth and mailed third class from Lexington, Kentucky.

Reader contri­butions and letters to the editor should be sent to 250 Southland Drive Suite #4, Lexington, KY. 40503 or tim@kftc.org.

Subscriptions are $20 per year.

balancing the scales, January 26, 2010

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Member Profile: Katie Goldey Kentuckians For The Commonwealth wouldn’t be the diverse and powerful organization that it is if wasn’t for the tireless efforts of members. One such member, Katie Goldey, a University of Kentucky (UK) senior studying International Studies and French puts in countless hours organizing for KFTC on UK’s campus, including phone banking, registering voters, bringing students to the KFTC annual meeting, and moderating a panel this past fall about the university’s need to transition from coal. This interview is about how she became involved with KFTC, and why she thinks it’s important for people to be involved in their communities.

How and why you did you become involved in KFTC?

My first KFTC event was when I was in about 8th grade. My dad took me to Stanton to an informative meeting about mountaintop removal coal mining. I guess that’s where it started. He and my mom always made sure I knew about the issues. After that, I started researching the devastating effects of mountaintop removal coal mining. I was horrified that such a wealthy industry could take so much and leave so little in an entire region of my home state.

It was always inspiring for me to see that KFTC fought so hard on this issue. However, I didn’t get really involved until later.

When KFTC brought Camp Wellstone to Lexington a couple years ago, my dad took me with him. It was extraordinarily inspiring. Afterward, myself and a few other students decided we needed to harness that progressive energy on campus and we started the UK KFTC chapter.

As I learned more, I realized that KFTC not only changes the lives of Kentuckians with work on mountaintop removal, but also with the crucial work on resto-

ration of voting rights and tax justice.

Most importantly, however, I started meeting more and more wonderful and passionate individuals who want to make this state the best it can be.

I became involved with KFTC because of these issues, and I have stayed involved because this organization makes me even more proud to be from Kentucky.

We are a state of butt-kicking, unstoppable, compassionate activists, and that is incredible to me.

KFTC Offices and Staff MAIN OFFICE Morgan Brown, Robin Daugherty & Burt Lauderdale P.O. Box 1450 London, Kentucky 40743 606-878-2161 Fax: 606-878-5714 info@kftc.org

FIELD OFFICES

What is your vision for the future of KFTC and for Kentucky?

I see KFTC growing even more in size and influence. I see more Kentuckians turning their minds on to the issues that influence us most. I think we will pass legislation that will change the lives of so many people.

Mostly I think we will continue to empower the wonderful people of Kentucky, and amplify their voices to the people that need to hear them most.

Louisville

Central Kentucky

Jessica George, Jerry Hardt, Colette Henderson, Shameka Parrish-Wright and Nancy Reinhart 901 Franklin Street Louisville, Ky 40206 502-589-3188

Tim Buckingham, Jessica Hays, Erik Hungerbuhler, Heather Roe Mahoney, Dave Newton and Ondine Quinn 250 Plaza Drive, Suite #4 Lexington, Ky 40503 859-276-0563

Why do you think it is important for others to be involved with KFTC and their communities?

Others should be a part of KFTC because Kentucky needs you to care about her people and her environment. Everyone has struggles. Maybe you don’t have access to basic needs such as clean water. Maybe you know someone who made a dumb mistake 20 years ago and because of that, still can’t exercise their basic right to vote. Maybe you see the massive economic disparity in this state, and you know that it needs to change.

KFTC will listen to your struggles, and will help you fight for the justice you deserve. There will always be injustice, so we have to ask ourselves, will we let the status-quo of injustice rule our short and beautiful lives?

Or will we fight for what we believe in: knowing that our life means there is a little more justice in the world, and a little more peace in the lives of those around us?

KFTC is an incredible family of activists that fight alongside one another to create that exact change. Your ideas and your energy can be an invaluable part of this struggle.

Lisa Abbott, Amy Hogg, Carissa Lenfert, Sara Pennington Kevin Pentz, and Martin Richards 435-R Chestnut St, #2 Berea, Kentucky 40403 859-986-1277

Berea

Berea Teri Blanton 118 Baugh Street Berea, Ky. 40403 859-986-1648

Whitesburg Colleen Unroe and Patty Tarquino P.O. Box 463 Whitesburg, Ky 41858 606-632-0051

Floyd County Brittany Combs Floyd County, Ky. 606-422-0100

e-mail any staff member at firstname@kftc.org except for Jessica Hays use jessicabreen@kftc.org

Is there anything else about KFTC that you like?

Annual meeting. Awesome!

Environmental community mourns the recent passing of Sue Anne Salmon

by Tom FitzGerald

Kentucky lost a true environmental hero January 13. After a valiant battle over nearly six years with ovarian cancer, Madisonville environmental and social justice advocate Sue Anne Salmon passed from this world.

Sue Anne was involved in scores of local and statewide issues regarding waste management, mining, and more - and spoke truth to power in her hometown and across the commonwealth at a time when it took particular courage to do so.

Diminutive in stature, she was known as “mighty mouse” to her friends, always battling for justice. In her honor, on January 9, the board of the Kentucky Resources Council authorized the establishment of the first annual award ever granted by KRC in its 25-year history, to be called the “Sue Anne Salmon Community Advocacy Award.” The award will recognize those who, like Sue Anne did her whole life, demonstrate principled and courageous advocacy for the betterment of community and the environment.

When Sue Anne was told of the award last week by her sisters, she “smiled ear to ear,” said her sister Lucy.

“It just delighted her.”

We at KRC will forever cherish her friendship, and her exemplary patterning of courage, tenacity, grace, and love of others, and in her honor, we recommit ourselves to the unfinished task of restoring sanity and equity to environmental policy.

Tom FitzGerald is the director of the Kentucky Resources Council.

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balancing the scales, January 26, 2010

2010 KFTC’s Legislative Issues at a glance Here’s a quick look at the bills KFTC has a position on so far in the 2010 General Assembly. More bills will be filed until the first week of March, and the KFTC Executive Committee (which serves as the legislative strategy team) will review those related to KFTC’s campaign and goals. For a current update, visit www.kftc.org/billtracker.

Issue

Summary

Saving Streams (and mountains) KFTC position: Support

Voting Rights House Bill 70 KFTC position: Support Tax Fairness House Bill 13 KFTC position: Support

Status

Action Needed

The Stream Saver bill has not yet been filed this session.

All members of the General Assembly and the governor know they have ignored their respon­ sibility to protect the people and land of Kentucky for too long. Let them know this.

HB 70 calls for a constitutional amendment to automatically restore voting rights to former felons upon the completion of their sentence.

HB 70 has been assigned to the House Elections, Constitutional Amendments & Intergovernmental Affairs Committee and will be heard at the February 2 com­ mittee meeting at 8 a.m.

Come to the Feb. 2 hearing if you can. Ask all House members to vote for HB 70.

HB 13 contains four different tax reforms to make our tax system more fair and to raise more revenue in order to make progress in key areas like education, higher education, health care, housing and the justice system.

HB 13 is in the House Appropriations and Revenue Committee.

Contact A&R Com­ mittee members in suport of HB 13.

This bill has been drafted and cospon­ sors identified. It will be filed soon.

Check the KFTC web site for an announce­ ment when the en­ ergy bill is filed. Ask all legislators and the governor to support clean energy legisla­ tion.

SB 26 will lift an existing moratorium on the construction of new nuclear power plants by eliminating the requirement to have a means to permanently dispose of nuclear waste.

SB 26 has passed out of the Senate by a vote of 27-10. It now moves to the House.

Ask House members to oppose SB 26.

HJR 20 will prevent state and local agencies from regulating car­ bon dioxide emissions within their jurisdictions.

HJR 20 is awaiting a vote in the House Natural Resources and Environment Committee.

Ask House members to oppose HJR 20.

HB 213 will give private companies the power of eminent domain in order to construct pipelines to carry carbon dioxide to under­ ground disposal areas.

HB 213 is currently in the House Natural Ask House members Resources and Environment Commit­ to oppose HB 213. tee.

This legislation would prohibit the dumping of mine wastes into “an intermittent, perennial, or ephemeral stream or other water of the Commonwealth.”

These are mostly headwater streams that are essential to the quality of waterways upstream and downstream. Mine wastes could be placed back on the mine site as part of the reclama­ tion process already specified in state and federal law - rather than dumped over the side of the hill into the valleys and streams below.

This bill will contain three pieces:

Energy and economic development KFTC position: Support

Pass a Renewable and Efficiency Portfolio Standard requiring utilities in Kentucky to get an increasing share of their energy from clean, renewable sources and energy efficiency programs.

Establish a clean energy trust fund to support innovative pro­ grams that help low and moderate income Kentuckians save energy, and help all utility customers save money over time.

Establish production-based incentives for renewable energy, designed to increase private investment and generate new jobs through in-state renewable energy production.

Nuclear Power Senate Bill 26 KFTC position: Oppose Carbon Regulation House Joint Resolution 20 KFTC position: Strongly Oppose Property Rights House Bill 213 KFTC position: Strongly Oppose

This information is current through Monday, January 25. Check the KFTC web site at www.kftc.org/billtracker for updates on these bills, or the Legislative Research Commission web site at http://lrc.ky.gov/record/08RS/record.htm for updates on all bills. Let lawmakers know your opinions through the Legislative Message Line: 800-372-7181.

balancing the scales, January 26, 2010

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Local Updates

Central Kentucky members begin 2010 with an energized start

The Central Kentucky chapter hit the ground running in the new year.

Members kicked off 2010 by sending five new citizen lobbyists to Frankfort to meet with legislators to discuss KFTC’s tax and stream saver bills.

Three first-time lobbyists, Marty Mudd, Eli Gross and David Headley, met with Representative Linda Belcher from Bullitt County and had a great discussion about KFTC’s work to transition Kentucky from dirty energy, and KFTC’s work to create legislation that would generate revenue adequately and fairly.

Rep. Belcher committed to educate herself more about mountaintop removal and agreed to support KFTC’s tax work. At the end of the meeting, members presented her with copies of the book Plundering Appalachia and the Who Pays report on taxes.

“I really enjoyed the opportunity to educate Rep. Belcher about mountaintop removal,” Mudd said. “Though at first I was shocked by her admission that she didn’t know that much about mountaintop removal, I then proceeded to talk her ear off. It was very satisfying for me to see that she was listening, and actually cared about the problem. The experience renewed my waning interest to engage with the political apparatus at all.”

In addition to meeting with legisla-

tors, chapter members intend to have a strong showing in Frankfort during KFTC’s big lobby days, including 300 central Kentucky members at I Love Mountains Day on February 11.

The CKY chapter will continue to meet every third Thursday of the month from 7-9 p.m. at the Episcopal Mission House on the corner of 4th Street and Martin Luther King Boulevard in Lexington.

KFTC members are in the planning stages this year to work with ally groups in central Kentucky on several goals: to improve communication between organizations, better support one another’s work, host a candidate forum in Lexington, and host an anti-racism training in

Exciting things are happening in northern Kentucky and people are getting organized.

In late January, current KFTC members organized a meeting to introduce citizens from Campbell, Boone and Kenton counties to KFTC and statewide issue campaigns. Additionally, this meeting served to allow folks to get to know each other and the organizations that people are involved with.

More than 30 people came out to this first meeting and represented a broad group of issue interests and familiarity with KFTC. One unifying thread seemed to be a deep commitment to grow KFTC within their community.

“I don’t think anyone there really knew more than five other people at the

meeting, so making some time to make those connections was key,” said Joe Gallenstein, long-time KFTC member in the Central Kentucky chapter who recently moved back to northern Kentucky and has worked hard to start a new chapter.

A big piece of the agenda focused on KFTC’s major issues through the lens of lobbying in the general assembly, along with a brief lobbying workshop.

The group talked about mountaintop removal coal mining, voting rights and tax reform. Many people shared good information about each campaign and found threads of connection between themselves and the issues.

“I joined this group for a singular issue, to restore voting rights to ex-offenders, but I’ve learned a lot about these oth-

er issues tonight and I’m excited about working on them,” said Tom Jones.

Apart from just defining KFTC in terms of issues, folks spent a lot of time hearing different people in the room explain how they think about KFTC and how they define KFTC’s work.

Many members talked about the value of grassroots, member-led organizing, coupled with a multi-issue approach.

“KFTC has helped me become politically empowered on a level I’d never really imagined just a few years ago.

We’re a great organization,” said Gallenstein.

The northern Kentucky group is anxious to start an official KFTC chapter and already has a few upcoming events on the calendar.

Grassroots Fundraising and Membership Recruitment

Just as with their work in the legislative session, the CKY chapter is off to a great start with grassroots fundraising, starting with a punk rock show at Al’s Bar on January 16, organized by member Jack Cofer.

Upcoming fundraising events include the Third Annual I Love Mountains Old Time Music Showcase at Al’s Bar featuring four amazing old time bands: the Clack Mountain String Band, the Red State Ramblers, Rich and the Po Folks, and The Wild Boogers. The event will take place February 6 with music starting at 9 p.m.

Chapter Development

Members took time to pose for a photo on the first day of the legislative session. KFTC members participate as citizen lobbyists throughout the session and lobby in Frankfort every Tuesday, Wednesday, and Thursday. If you would like to lobby with KFTC contact Lisa Abbott at 859-986-1277 or lisa@kftc.org. the spring.

Anyone interested in learning about KFTC’s legislative work or with ideas about potential projects and campaigns in Central Kentucky may get in touch with the chapter organizer Ondine Quinn for more information (ondine@kftc.org or 859-276-0563).

A new chapter in the making: Northern Kentucky members start to organize

Stay up-to-date and visit www.KFTC.org/blog

Upcoming Northern Kentucky KFTC Events

NKY KFTC meeting – Tuesday, February 16 at 7 p.m. at the Boone County Public Library, Main Branch. Tentatively plan to meet on the third Tuesday of every month.

Euchre for Justice at Joe Gallenstein’s house - Saturday, Feb 27 – $5 to play. We’ll couple this fundraiser with action steps people can take to have an impact on the general assembly. Contact Joe at JoeG2005@hotmail.com if you’re interested.

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balancing the scales, January 26, 2010

Local Updates

Harlan members work with city council to apply for energy grant

Residents of Lynch and Benham in Harlan County continue to take steps to advance alternative energy options and protect their community from the pending strip mines.

Recent activities included applying for the area to be designated one of 11 Most Endangered Sites in the country, challenging another aspect of the mine permitting process, and helping the city of Lynch apply for an energy conversation grant.

The National Trust for Historic Preservation has an annual process to determine the most endangered locations. The KFTC Harlan County chapter felt that the Benham, Lynch and Black Mountain area was worthy of this designation because of the unique attributes of these communities and what is at stake with several mining proposals.

“Benham and Lynch are among the most important existing places for seeing and understanding the social and cultural history of the Appalachian coalfields,” Robert Gipe, a member from Harlan, indicated in support of the application.

Many buildings in the two historic coal camps have been restored, including the recently opened Portal 31 Exhibition Coal Mine. These buildings could be affected if any of the current mining proposals are approved by state officials.

The Lynch City Council endorsed the effort to get this designation because of the impact on the town, especially the drinking water.

“Several coal companies want to mine close to the main intake of the city of Lynch’s water source, an underground reservoir constructed by U.S. Steel. If we let these permits go through, it could be a mistake we pay for a long time,” Bennie Massey, one of the council members reflected.

The designations will be announced in May 2010. If the community is selected, it will help bring national attention to the need for protecting communities from the destruction of mountaintop removal coal mining.

In another effort to protect their community, residents opposed another part of the mining application process, the federal water permit. Proposed waste ponds would affect one of the main tributaries that feeds the community water reservoir.

Additionally, KFTC members helped support the city of Lynch in apply for a block grant on energy conservation through the federal stimulus package.

“We would be one of the first small cities to take on this type of change.

It would benefit our people. This will help us get more help to better our city,” Massey said.

KFTC members gathered in northern Kentucky to discuss KFTC’s statewide strategies and how the members can organize a KFTC chapter .

If the city receives the grant for $125,000, the resources would enable first steps in residential energy conservation and education, an energy audit and renewable energy potential study for the water plant and city hall, and implementation of the most helpful cost saving measures on the water plant.

“The community has expressed a strong interest in developing energy savings and alternatives. As with many of our small cities, this community faces serious budget shortfalls, and this approach would help alleviate some of that shortfall and modernize their infrastructure,” said Roy Silver, a Harlan County chapter member.

“It’s exciting that the Lynch City Council wants to help citizens look to the future and help citizens save money.

This could help show people about the potential and that resources are available. We hope progress in Lynch will help encourage other communities, like Benham, to get on board,” said Carl Shoupe.

Roy Silver contributed to this article.

The Lynch community’s water source is threatened by nearby proposed mining.

The city has applied for a block grant to conduct a renewable energy study at the water plant.

In solidarity with allies, KFTC members took part in Dr. Martin Luther King Jr. Day events across the commonwealth to celebrate the life, ideals and convictions he held and fought to share. Members participated in events in Lexington, Louisville, Scott County, Perry County, and Harlan County, among others. Much of the day was spent raising awareness about the campaign to restore voting rights to former felons who have served their debt to society. Members are challenging archaic restrictions in Kentucky that still disenfranchise one in four African Americans and a total of 186,000 Kentuckians. Pictured above: Central Kentucky and University of Kentucky members marched in the parade.

balancing the scales, January 26, 2010

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Local Updates

New documentary follows KFTC members as they organize to challenge Miller Brothers Coal Co. and explores individual’s decision to lease land Deep Down is a feature-length documentary film by Sally Rubin and Jen Gilomen.

KFTC has been a partner of the film and its makers for almost three years, and has awaited eagerly the film’s KET broadcast, scheduled for the 40th Anniversary of Earth Week this April, followed by national PBS broadcast later in 2010. In addition to the support of dozens of folks at KFTC, advisors of the film include Chad Berry and Richard Olson of Berea College, Tom Hansell of Appalshop, Benji Burrell of Appalachian Voices, Greg Howard of Appalachian Citizens Law Center, and Roy Silver of Southeast Community and Technical College.

DEEP DOWN Synopsis

Deep Down was filmed over two and half years in Floyd County, focusing on the lives of KFTC member Beverly May and her lifelong neighbor Terry Ratliff. The film follows the struggle of Bev and her community to pass a Lands Unsuitable for Mining Petition, a move that if successful would stop Miller Brothers Coal Company from enacting mountaintop removal on the holler. Beverly works with KFTC and her neighbors from Wilson Creek, Maytown, and Hueysville to support the Lands Unsuitable petition as well as to stop the Miller Brothers from using the holler as a coal haul road.

Meanwhile, Terry is approached by the Miller Brothers, who wish to lease several acres of his land. Stuck between the wish to support his family on the one hand, and losing his ancestral land on the other, Terry finds himself faced with a difficult and profound decision. Though they share a deep love for Appalachia and its way of life – Bev as a fiddler and Terry as a traditional chair maker — the friends find themselves moving further and further apart as they fight their separate battles.

This environmental crossroads that we find ourselves facing as a nation can only be addressed by the cumulative efforts of millions of tiny personal changes.

Therein lies the potential for a human story, like the story in Floyd County, to reconnect Americans to our own power to affect the future. Deep Down incites debate, motivating people to create change on both a personal level and a global level. By asking us to trace our power lines to the people affected most, and by making real human connections between viewers and subjects, Deep Down inspires all people to protect Appalachia, our shared legacy, and our planet.

“There have been a lot of films on this issue. This is the first time I’ve `gotten it.’”

– Christy Brown, Louisville, KY “Appalachian people have always been portrayed as victims on film.

DEEP DOWN offers something completely fresh and new.”

– Burt Lauderdale, London, KY

DEEP DOWN: Directors discuss the evolving story line and their personal connection with eastern Kentucky

by Sally Rubin and Jen Gilomen

It was almost three years that ago that we began research and scouting for Deep Down. My mother is from the Smoky Mountains of east Tennessee, and having largely grown up there, I’ve always felt a deep connection to the Appalachian region. Jen, the film’s co-director, is from the rural town Peoria, Illinois – one that suffered for its over-reliance on one primary industry – Caterpillar, the factory that supplies the bulk of equipment for mountaintop removal – and is a great lover of the outdoors and of the mountains. For these reasons, when we heard about mountaintop removal we knew instantaneously that this was the story we wanted to tell.

Lora Smith was working in KFTC’s London office at the time. She organized a weekend-long “tour” for us through eastern Kentucky, where we were warmly welcomed and invited to speak with several KFTC members. Deeply struck by the injustice of what we heard from so many folks, and aware that there had already been many powerful films about the impact of mountaintop removal mining on Appalachia’s land and people, we were committed to telling a new type of story, one that was intimate and close up, and exposed what it actually entails to stand up to a massive and powerful industry — and also what it’s like to be faced with the choice between whether or not to sign your land to a coal company.

We met Beverly May and were instantly struck by the strength of her vision, her commitment to her community, her fiddling skills and above all her humility. Never in two and a half years of filming did Bev separate herself or her work around MTR from the communities that she strives to serve.

Though she welcomed us into her home warmly and openly, still to this day she giggles when we put a microphone on her, feeling that all of this fuss is silly, and that really we should be filming

KFTC meetings!

When we met Bev she was just beginning her efforts on the Lands Unsuitable petition, and we knew that following Wilson Creek and KFTC through this journey would make a compelling film that would highlight the trials and tribulations of community organizing, whether she and her team won or not.

But our partnership with KET (which holds its projects to a standard of journalistic integrity and balance) and our commitment to telling both sides of the story led us to Terry Ratliff. We were immediately enchanted by the beauty of his craft, his fierce passion for Appalachian culture, and his insistence on being a man who understands both sides of any argument. We knew right away that the story we wanted to tell was about Bev and Terry, and how their two paths had diverged — and yet Terry refused to be a part of the film until he felt that we were really committed to telling a balanced story. Terry’s insistence in this way has made the film a valuable tool for opening a dialogue between both sides, rather than painting only a one-sided picture.

We won’t give away the ending, as our hope is that all KFTC members will watch and enjoy the film. But we can say that the story of Beverly May, Terry Ratliff, and Wilson Creek is one that viewers will not soon forget. Thank you Lora Smith and all of the members and staff of KFTC who have supported this project so deeply and for so long. Being let into your lives in such an intimate way, for the sake of something larger, has been profoundly humbling. Our next task is to spread the word about Deep Down, to make sure that as many folks as possible see this film and are inspired by the power of KFTC and the voices therein.

We invite KFTC members to become part of the Deep Down family, using this powerful and personal story to inspire conversation and increase awareness around mountaintop removal. Please sign up for updates on screenings and the Deep Down DVD as well as our newsletter at www.deepdownfilm.org, or email tracy@deepdownfilm.org or directors@deepdownfilm.org. You can also reach us by phone at 415-216-6147.

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Economic Justice Update

balancing the scales, January 26, 2010

Budget Bake Sale raises tax reform awareness while contributing $200 to the state’s $1.5 billion budget shortfall

Several local members of Kentuckians For The Commonwealth went to Frankfort on January 20 to raise money – one cupcake at a time – for after-school programs, mental health services, clean water, and Meals-on-Wheels programs.

Donned in aprons and chef hats, they took baked goods to the State Capitol to hold a Bake Sale for the Budget to emphasize the need for progressive tax reform and to raise a little bit of money to help reduce the state’s projected $1.5 billion budget shortfall.

Their goodies included Kentuckyshaped sugar cookies, Depression Bread (which uses no eggs or milk), fudge fresh from Cave City, loaves of dill bread, and McKinley Sumner’s popular no-bake peanut butter cookies.

After selling their items to legislators and state workers, the KFTC members turned in more than $200 to help the state meet its revenue shortfall.

They also used the attention to push support for House Bill 13, currently the only legislation that would begin the process of progressive tax reform by making the tax system more fair and raising some additional revenue.

Currently, low- and middle-income families in Kentucky pay a higher per-

centage of their incomes in state and local taxes than do those making more than $346,000 a year, a recent national study revealed. KFTC members say that is unfair and they want each income level to contribute according to their means.

HB 13, sponsored by Rep. Jim Wayne of Louisville, begins that correction by slightly increasing tax rates when income exceeds $75,000 a year and instituting an Earned Income Tax Credit that would lessen the contribution of low-wage earners.

“When I was a single dad, the Earned Income Tax Credit was like money in the bank,” said Sam Hall of Perry County , who attended the bake sale. “It helped me catch up on bills and pay for things my family needed. When you’re working two or three jobs and struggling to get by, it really means a lot to have some money going back in your pocket.”

HB 13 would set the state EITC at 15 percent of the federal EITC, which would mean about $100 million back into the pockets of low-income families and local economies.

KFTC members also focused on the need for additional revenue to support a wide variety of state services, from environmental protection to mental health to public education.

“Students are already struggling so much to get by. They just can’t afford more tuition increases,” said Jenny Williams, a professor at the Hazard Community & Technical College. “The state of Kentucky really needs to invest in these folks and their futures.”

KFTC also noted that nearly 20 percent of required surface mine inspections did not happen last year, according to a federal review. Kentucky environmental protection programs face more double-digit cuts if legislators Jerry Moody worked the sweet stand while other mem- do not find new revenue. bers visited legislators to discuss making the system Governor Beshear, in fairer and raising revenue – if necessary one cupcake his budget address to legislators the evening beat a time, but preferably by passing House Bill 13. fore the bake sale, said he

KFTC Chairperson K.A. Owens helped deliver the more than $200 raised from the bake sale to the governor’s office. will consider only expanded gambling as the solution to raise new revenue. In his speech he challenged legislators and stakeholders to accept his plan or face another round of deep and painful budget cuts.

But this idea was rejected by legislative leaders and many others as soon as it was stated.

“Kentuckians have been urged to tighten our belts. We’ve been told to cut back in these tough economic times, but what about the working poor who have been trying to survive on tight budgets for years?” said Beth Bissmeyer of Jefferson County. “What about the first-

generation college student who is forced to work full-time to pay for tuition that increases several percent each semester?

What about the working mother? What about people who have benefited from important social services? Enough is enough. It’s time we have real progressive tax reform in Kentucky.”

KFTC members say only 6 million more bake sales are needed to make up the revenue shortfall. They hope legislators get the point that Kentuckians are willing to do their part to help, but legislative leadership is needed to solve the current revenue crisis to prevent more harm to Kentuckians.

What can you do?

• Please call your legislator and urge them to support HB 13! Calling the legislative message line (1-800-372-7181) is a quick and easy way to tell your legislators what you think.

• Don’t know who your representatives are? Visit the Kentucky Legislative Research Commission at www.lrc.ky.gov/Legislators.htm to find your legislator.

• To learn more about KFTC’s Economic Justice work and HB 13, visit www.kftc.org/tax

Press coverage KFTC members were in Frankfort with a message everyone could understand, and we managed to get a fair amount of press coverage of the Bake Sale for the Budget. Visit www.kftc.org/tax-media to view coverage from the event.

balancing the scales, January 26, 2010

Page

Canary Project Update

Fill placement agreement a step forward but mandatory protections in the Stream Saver Bill are still needed

There is an important new protocol now in place for lessening the amount of toxic mining wastes dumped into streams. If enforced, it could help reduce significantly the destruction of our waterways.

Titled the “fill placement optimization process,” the document establishes a protocol for determining the amount of mining waste and where it should end up — first returned to the site being mined, then on adjacent abandoned mines and possibly in upper valley elevations (above stream level).

It potentially diverts millions of cubic yards of mining wastes from streams.

But it does not ban dumping wastes into streams or protect the mountains being mined.

Negotiated between federal agencies, industry representatives and the Kentucky Resources Council, the agreement establishes a possible protocol for enforcing existing laws — laws officials could have been enforcing all along had they chosen to do so.

“This agreement is a step in the right direction but it’s still allowing coal companies to bury streams. It’s not enforceable and it’s just an agreement that coal

companies are supposed to follow and in the past we know the state has not required them even to follow existing laws,” said KFTC member Rick Handshoe from Floyd County.

“The mountain citizens didn’t have any input into this agreement. We are the people this is affecting.”

Additionally, the coal mining industry could have been obeying these laws.

Instead, state officials have routinely granted waivers of the stream buffer zone (165 waivers out of a total of 251 new permits issued in 2005 and 2006, for example) and reclamation standards.

There is no evidence that they will not continue to do so, and this new policy — which the state is “encouraging” coal companies to follow — means nothing if the state and federal agencies are not going to require it. There are still plenty of loopholes.

“Who is going to be the watch dog over this agreement when the state is issuing these permits?” questioned Handshoe. “Will the field inspectors be trained to know how to enforce this new agreement? Or do they expect citizens to have to continue to be essentially enforcement officers? Do they believe this is the fix to

This picture shows the Miller Brothers Coal Co. contour mine and valley fill in Hueysville in Floyd County above KFTC members Todd and Barb Bailey’s home.

They live in the home near the bottom of the picture. The mine is 155.4 acres and the valley fill is 10.5 acres. the problem, because I don’t.”

This is why KFTC members say the Stream Saver Bill and the Clean Water Protection Act are still needed. Coal companies should be prevented by law from filling our streams with their toxic wastes, not just “encouraged” to do so.

Additionally, the Stream Saver Bill would prevent filling of streams at the permitting level and could stop a permit

from being issued if the company was not in compliance.

The Stream Saver Bill says that if one can’t mine without poisoning the streams, one shouldn’t be given a permit to mine – a process for making sure that companies follow the laws that have been on the books since 1977 with the creation of the Surface Mining Control and Reclamation Act.

Thursday February 11, 2010 Featuring Musicians: Kathy Mattea, Ben Sollee, Daniel Martin Moore, and the old-time group Nora, Ben and Eli.

At a recent meeting, Canary Leadership Network member Rick Handshoe (left) took time to tell his story about the mining related problems he and his family have faced to Joseph Pizarchik, director of U.S. Office of Surface Mining.

Schedule: 10:30 – 11:30: Gather at the river 11:30: Begin march up Capital Ave. and around Capitol 12:20 – 12:30: Music on the Capitol steps 12:30 – 1:15: Rally on the Capitol steps Visit www.kftc.org/love for more details

Page 10

balancing the scales, January 26, 2010

Canary Project Update

EPA considers coal ash a hazardous threat to public health

The solid waste left over from burning coal is called coal combustion waste, part of which is coal ash. Despite being dangerous to human health, coal ash is not currently classified as a hazardous waste. That may change.

The U.S. Environmental Protection Agency (EPA) is considering recognizing the waste as hazardous, which would force power plants to dispose of it in ways that protect the health of nearby residents.

Coal-burning power plants produce approximately 131 million tons of waste per year, making it the second largest U.S. industrial waste stream.

Currently, the federal government allows states to regulate coal ash disposal. In Kentucky, state coal ash disposal regulations do little to protect the public from exposure to coal ash toxins.

How is coal ash created?

The air leaving power plant stacks after coal is burned is filtered to limit

air pollution, creating a more solid form of waste. This waste is combined with the residue from coal boilers to make what is called coal combustion waste.

The ashy part of the waste, called coal ash, contains concentrated pollutants, including many toxins known to cause cancer in humans.

How is coal ash disposed of in Kentucky?

In Kentucky, coal ash is typically mixed with water and channeled into a pond on-site at the power plant. Many of these ponds were constructed without the consultation of an engineer and do not contain lining to prevent toxins from the ash from seeping into the ground. This “wet storage” method is the cheapest way to dispose of coal ash.

The 1.1 billion gallons of coal ash from Tennessee’s Kingston Plant that spilled in December 2008 into the Emory River resulted from a wet storage pond break.

How much coal ash is stored in Kentucky?

According to the EPA, there are 44 coal ash ponds in Kentucky - the second highest number in the nation after Indiana.

Seven ponds in the state have been categorized by the EPA as “high hazard,” including sites in Louisa, Harrodsburg, Ghent and Louisville. Out of the 100 coal-burning plants that produce the largest amount of coal ash in the nation, Kentucky houses 10.

Why is coal ash hazardous?

Coal ash waste contains toxic chemicals and heavy metals such as arsenic and lead – pollutants that cause cancer, birth defects, reproductive problems, damage to the nervous system and kidneys, and learning disabilities in children. Kentucky coal-burning plants generate a total of 8.5 million tons of this waste every year.

Proposed plants in Kentucky, in-

New report says Appalachian states should look beyond coal and towards renewable energy

Coal mining will continue its 12year decline and Appalachian states should prepare by focusing on economic development through investing in renewable energy, concludes a study by Downstream Strategies.

As reported on ABC News the report “predicts production in West Virginia, Kentucky, Virginia and Tennessee will fall nearly 50 percent within a decade and urges those states to adopt laws, low-interest loan programs and other measures to support the development of renewable energy sources.”

The report goes on to say that this decline will be in part due to competition from cleaner burning natural gas but it also points to a dramatic decrease in easy-to-recover coal and increasing environmental safeguards.

“Studies have shown that local own-

ership of renewable energy projects generates greater jobs and local revenues than corporate-owned projects.

Therefore, support for local ownership of energy development will help to maximize the potential economic benefit of developing renewables.

“Improvements and investment in energy efficiency can also generate new jobs and revenue, while saving businesses and residents money on energy consumption. Supporting measures include: energy efficiency resource standards, expanded demand response initiatives, building energy codes, low-income efficiency programs, and research and development support.

“Finally, policy attention must be focused on developing workforce programs that will provide the skills and knowledge required for emerging and potential renewable energy industries,

and should be coupled with energy-and investment-related policies aimed at spurring project development.”

According to the U.S. Energy Information Administration (EIA) web site, power plants reduced their coal consumption by 10 percent last year and the projections are for demand to continue to be low in 2010.

As West Virginia Senator Robert Byrd said late last year, “West Virginians can choose to anticipate change and adapt to it, or resist and be overrun by it. The time has arrived for the people of the Mountain State to think long and hard about which course they want to choose.”

Visit KFTC’s blog (www.kftc.org/beyondcoal) to download the entire report and view the ABC News story about the release of the report.

I LOVE MOUNTAINS DAY FEBRUARY 11, 2010 ~ www.KFTC.org/LOVE

cluding Eastern Kentucky Power Cooperative’s proposed Smith 1 plant in Clark County, would generate 600,000 additional tons of coal ash annually.

(Environmental Integrity Project) What can you do to improve the safe disposal of coal ash?

Demand that coal ash be defined as hazardous waste. Call one of the agencies listed below to request tighter controls on coal ash disposal. Ask decisionmakers to define coal ash as hazardous and not allow it to remain virtually unregulated. The EPA requested comments on this issue late last year and did not receive many public responses.

(202) 395-3080 - U.S. Office of Management and Budget (202) 564-4700 - Lisa Jackson, EPA director Also, be sure to oppose EKPC’s Smith 1 plant, which would create new unprotected coal ash ponds in Kentucky.

Threats from coal ash ponds remain for generations. Peak pollution occurs between 78 and 105 years after ash pond operation begins (EPA).

Coal ash exposure puts our health at risk.

The EPA estimates that up to 1 in 50 nearby residents could get cancer from exposure to contaminants in poorly stored coal ash.

Other health effects may include damage to vital organs and the central nervous system, especially in children.

balancing the scales, January 26, 2010

Page 11

High Road Update

KFTC launches new Appalachian Transition Initiative

In 2009, the KFTC High Road Strategy Team lifted up the development of an Appalachian Transition, charging the High Road effort to focus on creating a compelling message of why and how Kentucky needs to create an economic transition in Appalachia.

This was to include creating research, communications and policy ideas to support the effort. KFTC and Mountain Association for Community Economic Development (MACED) teamed up to support an economic, community and workforce transition in Central Appalachia that can begin to move the region from an economy of coal and poverty to a more just, sustainable and prosperous future.

Much of 2009 efforts about creating an Appalachian transition focused on the exploration of what the messages might be and how to successfully communicate these ideas. This happened within KFTC at the annual meeting and in chapter, leadership and staff meetings. Messages were also tested outside of KFTC at the Wise Energy Forum in Wise County, Virginia, the University of Kentucky Coal Forum in Lexington, at the Army Corps of Engineers hearing in Pikeville, and in numerous conversations that KFTC members are continu-

ing to have statewide.

Kathy Curtis, Carl Shoupe, Teri Blanton, Vanessa Hall, Suzanne Tallichet and other KFTC leaders “tested the waters” at these various functions. There were also many more transition related dialogues happening throughout the region by KFTC’s allies, including at the national level with funding organizations and policy makers.

“Personally, I think that one of the most important things for us to figure out is exactly what we can do to support this work and get some commitments from folks to move forward on those tasks,” said Randall Pfleger, KFTC member from Harlan County and member of the High Road Strategy Team.

He pointed out grassroots efforts —like leading discussions at chapter meetings; lobbying; developing talking points; writing letters to the editor and opinion pieces; reaching out to friendly organizations, churches, and schools; organizing truckers, miners and electricians; organizing community-level discussions on transition — as ways to move the work forward.

“Obviously, the opportunities are endless,” Pfleger pointed out.

A key communication resource for building the regional dialogue has been

As the Kentucky General Assembly enters its fourth week of the 2010 session, the Kentucky Sustainable Energy Alliance (KySEA) is building momentum. With 23 member organizations and several more preparing to join, KySEA is in the final stages of drafting its clean energy bill. The legislation will have four primary parts:

1. The creation of renewable energy and energy efficiency standards (REPS) that require utilities to generate at least 12.5 percent of their retail sales from renewable energy sources and to achieve an energy efficiency savings equal to 9 percent of their retail sales by 2020.

could raise $30 million annually while adding only $1.22 to the average monthly residential bill.

Harlan County members have worked with the city of Lynch to submit a grant proposal to conduct an energy audit on some city owned facilities. the launching of the Appalachian Transition web site (www.appalachiantransition.net). The site combines stories of people and communities, research and policy development.

Lifting up voices from central Appalachia is central to the web site. KFTC members are urged to share the site with friends both in and outside of KFTC and

Kentucky.

Already the web site has garnered media attention in the Rural Blog http://irjci.blogspot.com/ (as part of a bigger post about the Downstream Strategies report) and on PageOne Kentucky: http://pageonekentucky. com/2010/01/21/its-time-for-an-appalachian-transition/.

by encouraging entrepreneurship and ensuring that Kentucky is regionally competitive for clean energy jobs today and in the future.

It would do all of this and help Kentucky families and businesses to save energy and money while reducing harm to our health, environment and climate.

Watch the KySEA and KFTC web sites for updates and be on the lookout for KFTC action alerts about the introduction of clean energy legislation.

Contact KFTC chapter organizers or Martin Richards at martin@kftc.org or 859-986-1277 to learn how to be active in supporting clean energy in Kentucky.

Energy coalition, KySEA, preparing energy legislation

2. The establishment of a clean energy trust fund to support programs and investments that particularly benefit low- and moderate-income residents of Kentucky. The funds

3. The implementation of a feed-intariff (FITs) for renewable energy production to incentivize private investment in solar, wind, low-impact hydro and low-impact biomass technologies. Used in more than 20 countries and several states, FITs have shown to be real job creators.

4. The expansion of the tools that allow private enterprise, utilities and the Public Service Commission to support clean energy development in Kentucky.

This legislation builds on Kentucky’s clean energy momentum created by federal stimulus funds. It would diversify Kentucky’s energy sources, laying the foundation for a stable energy future

KySEA Website

To support its legislative work and for long-term energy education in Kentucky, KySEA has launched a new web site, www.kysea.org.

Created as an information resource about clean, renewable energy and energy efficiency, the web site also contains a blog to update the current news about state and national energy policy. To counter the myth that renewable energy is not possible in Kentucky, the KySEA site also includes stories of real people actively using energy efficiency and renewable energy in the Commonwealth.

Page 12

balancing the scales, January 26, 2010

Rural Electric Cooperative Update

Stop Smith Campaign continues to build momentum

In recent weeks, KFTC members have ramped up action, and the momentum behind the Stop Smith Campaign continues to build. This progress is seen in the awareness of the media and in the actions of regulatory agencies.

Two of the four primary objectives of KFTC’s Stop Smith campaign are:

• To oppose the permits for the Smith plant, and • To build a movement of Kentuckians working for energy efficiency and clean energy solutions in the rural electric coops.

At the end of October, KFTC and allies the Kentucky Environmental Foundation and the Sierra Club along with individual rural electric cooperative members Wendell Berry, Father John Rausch, and Dr. John Patterson challenged the Kentucky Public Service Commission’s (PSC) original order that allowed the East Kentucky Power Cooperative (EKPC) to move forward with its plans to build the coal-burning Smith plant in Clark County.

This approval from the PSC, called the Certificate of Public Convenience and Necessity, was granted to EKPC for the Smith plant in 2007. The petition before the PSC made three major claims, that: • The Certificate of Public Convenience and Necessity is invalid because EKPC hadn’t started construction on the Smith plant within a year as is required by Kentucky Statutes.

• The certificate should be revoked because EKPC would not be receiving low-interest funding from the federal government.

PSC approval is not required for utilities to receive that funding. However, now that the federal government isn’t issuing loans for coal-burning power plants, EKPC will need further PSC approval for any private funding it seeks. Under the certificate, EKPC hadn’t received this PSC approval for private funding.

• Simply, the world had changed significantly since the PSC issued the certificate. Since the original approval was given, a host of factors EKPC used to justify the need for the plant have changed.

For example, EKPC’s financial health has

deteriorated, environmental safeguards have tightened, and the cost of alternatives to burning coal have decreased.

Once the groups and co-op members filed their petition before the PSC, members of KFTC and allied groups began bombarding the Attorney General’s office with requests for it to weigh in on the side of the ratepayers in this case.

More than 400 people sent messages to the Attorney General’s office. KFTC members followed up on these emails with an in-person meeting. Once again, members asked the office to weigh in on the side of ratepayers.

In addition to emails to the Attorney General, KFTC members have flooded state and local newspapers with letters to the editor and op-eds. Dozens of letters in support of the case, asking the Attorney General to weigh in and the PSC to make the right decision, have been published. From Danville, to Winchester, to Lexington and beyond, KFTC members have been informing their neighbors and exerting public pressure to stop the Smith plant from being built.

This public pressure is beginning to pay off!

In December, the Lexington Herald Leader editorialized on the issue, demonstrating their understanding of the full breadth of the petition before the PSC. They wrote: “A group of Kentuckians who are rural electric cooperative members are petitioning the PSC to revoke its approval of the Smith 1 plant. They are concerned about the harm to air, water and human health from another large coal-burning plant.

“But they also cite what outside financial analysts and EKPC’s own executives say about the utility’s deteriorating financial condition and the risk to consumers from taking on even more debt to finance the project.”

They acknowledged that, “consumers will pay for [EKPC’s] shaky finances and deep debt in the form of higher electricity bills.” They concluded their editorial with the call similar to that which KFTC and allies have made.

“Both the utility and PSC should examine and re-examine the demand

projections. If it’s possible to substitute aggressive conservation for a new power plant, this would be the time to do it.”

That same day, the Public Service Commission issued an order in the case.

While dismissing KFTC and the other groups from the case, and dismissing the first two of the claims listed above, it ordered that the case should go forward on behalf of the three individual co-op members, and that EKPC would have to answer to the claim that the premises for building the plant have changed and are no longer valid.

In early January, EKPC responded to the PSC. Next the PSC must review EKPC’s responses and make a decision.

While the Stop Smith Campaign has momentum, this part of the campaign is far from over. There continue to be multiple venues for the intervention of members and groups in the PSC approval process, and members must continue

to call on the Attorney General’s office to step up and intervene on the side of ratepayers.

KFTC has requested a meeting with Attorney General Jack Conway to follow-up on the December meeting with members of his staff.

A continued stream of letters in local and state papers may help convince him to listen to the ratepayers who will be most affected by the PSC’s decision, and to speak before the commission on their behalf.

Continued public pressure to encourage these decision makers to make the right decisions for co-op members and for all Kentuckians is needed as much now as ever.

For more information on submitting a letter to the editor or contacting the Attorney General’s office on this issue, contact KFTC Organizer Sara Pennington at sara@ kftc.org or 606-276-9933.

KFTC members visited the Attorney General’s office in December, asking officials to weigh in on the side of the ratepayers in the EKPC case before the Public Service Commission (PSC) that challenges the PSC’s original approval for the coal-burning Smith power plant. Since this meeting, the PSC dismissed two of the claims and organizational plaintiffs but let the case go forward based on the claim that much has changed in the last few years and the underlying justifications for the plant are no longer valid. For example, the cost of alternative and clean energy has decreased, and environmental safeguards have increased the cost of dirty energy. From left to right: KFTC members Randy Wilson of Clay County, Tona Barkley of Owen County, Fr. John Rausch of Powell County, and Steve Wilkins of Madison County in front of the Attorney General’s office.

balancing the scales, January 26, 2010

Page 13

Rural Electric Cooperative Update

Kentuckians’ voices are needed to speak up for clean air and public health

The last issue of balancing the scales reported that the Kentucky Division for Air Quality (DAQ) was likely to issue the draft air permit for East Kentucky Power Cooperative’s coal-burning Smith plant in coming weeks.

On January 4, the DAQ announced that the draft permit was now open to public comment. Generally, for permits such as this, the public comment period is open for only 30 days. However, due to mistakes in making the correct permit files available for public viewing, the DAQ has re-announced the public comment period.

They will now be accepting comments until February 12. The DAQ will also be taking oral public comments at a public hearing in Winchester (Clark County, home of the proposed Smith Power Plant) on February 4. The hearing will take place at 6:30 at the Clark County Cooperative Extension Office at 1400 Fortune Drive.

KFTC members are encouraged to show up 30 minutes to an hour early to be sure to get a seat and to sign up to speak.

This hearing is the perfect time for concerned citizens to make a public demonstration of the growing opposi-

tion to an unhealthy and risky coalburning power plant, and to support of the clean and less-costly alternative of energy efficiency, weatherization and renewable energy.

All Kentuckians, whether they receive electricity from EKPC or not, are stakeholders in this process as the plant would contaminate the air and water. Already, hundreds of Kentuckians die prematurely each year from the illnesses caused by the soot, smog, mercury and other pollution spewed out by coal-burning power plants.

Now is the time to say, “Enough is enough!” The solution is simple and clear. Energy saving and renewable energy programs won’t need a permit because they won’t pollute our air.

KFTC members will use this opportunity to speak out, letting the Kentucky Division for Air Quality and EKPC know that this clean energy solution is the just and healthy choice, not only for EKPC ratepayers, but for all Kentuckians.

Visit kftc.org/airpermit to raise your voice in favor of a just energy future and public health, and consider attending the public hearing on February 4 to show the strength of numbers of opposition.

Tell the Kentucky Division for Air Quality that we don’t need more pollution from another coal-burning plant in our state.

Action #1 – Make a public comment asking the DAQ to deny the East Kentucky Power Cooperative’s permit for the proposed coal-burning Smith power plant proposed for Clark County.

Visit kftc.org/airpermit to submit your comment by February 12, or send it by postal mail to James Morse at the Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st Floor, Frankfort, KY 40601.

Action #2 – Attend the air permit public hearing on February 4 at 6:30 in Winchester. Stand with Clark countians and folks all over the state to demand a clean alternative to the Smith plant. Contact your local organizer or call KFTC at 606-2769933 for more

KFTC members continue letter writing campaign to stop the Smith Plant Amen on EKPC

PSC should revoke Smith Station permit

EKPC’s proposal for a new coal plant is both a risk to Kentucky’s air and water and an unnecessary burden on co-op customers. Conditions have changed in the more than two years since the Public Service Commission (PSC) granted permission for this project.

The plant, once deemed convenient and necessary by the PSC, is no longer either of those things. The price of coal-generated electricity has continued to rise while the alternatives are becoming significantly more cost efficient.

Even in terms of jobs, if EKPC were to direct its resources toward renewable energy and energy efficiency it would create more than 8,750 jobs, as opposed to the mere 700 construction and 60 permanent jobs of a new coal plant.

In addition, energy demand in the co-op region is declining, making EKPC’s proposed plant unnecessary.

It’s time the PSC revoke EKPC’s certificate of approval for the Smith plant.

Anyone supporting revocation should contact Attorney General Jack Conway to ask him to take a stand on this utility issue on behalf of co-op customers and the health of our region.

The Public Service Commission should revoke its certificate allowing the Smith plant to be built, since this plant is obviously no longer necessary or affordable for the ratepayers of the East Kentucky Power Cooperative. Clark Energy itself recently asked the PSC for approval of a new rate increase.

If EKPC doesn’t even need to produce more energy, there is no justification for a plant that would further pollute our air and jeopardize the health of our water supply.

As a Clark County resident, I believe those risks are our priority. And the fact that EKPC customers should have to pay higher electricity rates to accompany those risks is inescapably unfair — especially when energy efficiency and home weatherization programs could save as much energy as a new coal plant would produce.

EKPC is already in a precarious financial situation, and the PSC needs to consider the increased costs of building the new Smith plant. Is a debt in excess of $800 million what EKPC or its customers need right now?

Holly Shipley Lexington, Kentucky

Miranda Brown Winchester, Kentucky

Page 14

balancing the scales, January 26, 2010

Restoration of Voting Rights Update

Voting Rights update

LOBBY DAY!

The campaign to restore voting rights to former felons who have served their debt to society is running strong leading into the second month of the 2010 General Assembly.

In the first month of the session KFTC members mobilized as citizen lobbyists and held dozens of conversations with legislators about the issue, garnering cosponsors, confirming “yes” votes, and participating in challenging conversations with legislators who have not supported the issue of felon voting rights in the past.

Since the 2009 General Assembly ended, members have been deliberately building people power in key areas such as Scott County and northern Kentucky, conducting a lot of broad voting rights organizing and education across the state, and talking with key legislators to gain their support.

All of this good work will aid the passage of House Bill 70 through the House and over to the Senate. Additionally, this work has helped the voting rights coalition become increasingly sure that they have the votes to pass the legislation in both the committee and on the Senate floor.

However, one last big push is needed to secure more votes and agreement by the Senate leadership to hear the bill.

March 4, 2010 Voting Rights Rally and Lobby Day in Frankfort

Contact Dave Dave@kftc.org for more information.

Why you should support voting rights for former felons.

Fairness – Once someone has served their debt to society, they should be able to vote again. That’s how it works in 48 other states. No taxation without representation.

Democracy – Everyone should have a voice in our democracy. 186,000 Kentuckians are disenfranchised right now because Kentucky takes voting rights away from people who have committed a felony in their past. This is equal to 1 in 17 Kentuckians and a much higher percentage of low income and minority communities.

Crime Prevention – Former felons who vote are statistically half as likely as those who don’t to commit additional crimes. Restoring voting rights could be a great way to help reconnect people to their communities and help in recovery.

Does HB 70 apply to all former felons?

ACTION STEPS Voting Rights Rally and Lobby Day on March 4!

8 a.m. to 1 p.m., meeting in Capitol Annex room 111, taking time from 1 p.m. to 2 p.m. for a powerful Voting Rights Speak Out with music in the Capitol Rotunda. Please join us for the Speak Out and as much of the lobbying as you can. We need you there!

- Call your legislators and leave a message – takes 3 minutes Call 1-800-372-7181 any time from 7 a.m. to 11 p.m. and ask to leave a message for Senator Robert Stivers, Senator Tom Jensen, Senator David Williams, and Senator Damon Thayer, plus your own representative and senator (if you don’t know who that is, just ask the person answering the phone and they’ll tell you). Leave a simple message like “Please vote Yes on HB 70 to restore voting rights to former felons.”

- Write a Letter You can write a personal letter to the editor to your local paper or a letter to your legislators. Both can make a big impact and even a very simple, straightforward letter can be very effective.

No. House Bill 70 does not apply to people who have been convicted of rape or murder. It also only restores voting rights after someone has served their entire sentence (including probation and parole) so people with “life sentences” would not be eligible to vote.

- Other Lobby Days

Former Felon Voices

- Hold an Event

“As someone who serves in the U.S. military, I could be asked to take a bullet for this democracy at any time. But I’m not allowed to participate in it.”

KFTC members are in Frankfort talking to legislators almost every Tuesday, Wednesday and Thursday from 9 a.m. to 2 p.m. Talk to your local KFTC organizer to see when the next carpool is going from your area, or contact Dave Newton, KFTC’s Voter Empowerment Organizer, at dave@ kftc.org or 859-420-8919.

Holding an educational event or letter-writing meeting can be very powerful. Contact your local organizer or Dave Newton if you’d like to organize something like this.

them more – their neighborhoods, families, and friends.”

- Robert Jones, KFTC member and former felon from Frankfort.

- Jim Shepherd, KFTC member and former felon from Perry County

“I don’t see how restricting voting rights of former felons helps fight crime. They still have opinions, values, and families. I think it hurts the people around

“My youngest daughter asked me why I didn’t vote in this past election. It was tough to explain and I didn’t have a lot of answers. It’s important to teach that

actions have consequences, but I’ve paid my time for what I did wrong.

We’re one of two states that has such antiquated disenfranchisement laws. It’s time for us to change.”

- Sandy Holbert, KFTC member and former felon from Scott County

Walk to Stop Mountaintop Removal

balancing the scales, January 26, 2010

Walk Away From Coal Toward a Sustainable Future Starting the night of Feb. 8 at 6 p.m.

Lexington Friends Meeting 649 Price Ave. Lexington, Ky 40508

Page 15

Calendar of Events Feb. 4

Come Walk With Us! Tuesday Feb 9: Start at 8 a.m. at Triangle Park in Lexington and walk to Versailles Ky (12.8 miles).

EKPC Draft Air Permit Public Hearing, 6:30 p.m. Clark County Cooperative Extension Office, 1400 Fortune Drive, Winchester, KY. Sara Pennington sara@kftc.org 606-276-9933

Feb. 4

Harlan County chapter meeting, 6 p.m. at Southeast Community College Appalachian Center, Cumberland.

Wednesday Feb 10: Start at 8 a.m. Versailles and walk to Frankfort Ky (15 miles).

Feb. 4

Thursday Feb 11: Start at 11 a.m. with KFTC at the Kentucky River View Park and walk to the Capitol (1 mile).

Scott County KFTC meeting, 6:30 p.m., Ed Davis Learning Center, Georgetown.

Feb. 6

I Love Mountains Old-time Music Showcase at Al’s Bar, Lexington. Music starts at 8 p.m. (see ad on page 16).

Feb. 6

Appalachian Love, Louisville. Music starts at 7 p.m. (see ad on page 16).

Feb. 6

4th Annual “Crepes of Wrath” brunch from 10 a.m. till 2 p.m.

RSVP by calling KFTC at 606-632-0051. Hosted by Jeff and Sharman Chapman-Crane.

Feb. 8

Floyd County chapter meeting, 7 p.m. at St. Martha Catholic Church near Prestonsburg.

Feb. 8

Jefferson County chapter meeting, 6:30 p.m. at the KFTC office in Louisville (901 Franklin Street).

Feb. 8

Walk to stop mountaintop removal. Leaving from Lexington on Tuesday February 9 and ending in Frankfort on Thursday February 11 at I Love Mountains Day.

KFTC 2010 Lobby Days

Feb. 11

I Love Mountains Day in Frankfort Ky, visit www.kftc.org/love for more information about the parade and rally, a schedule of events and to register.

During the General Assembly KFTC members are in Frankfort lobbying legislators on Tuesdays, Wednesdays, and Thursdays.

Additionally, during the session there are bill focused lobby days that are used to turn out as many citizens as possibly to lobby and rally on behalf of a certain bill or policy.

Feb. 12

Berea Loves Mountains, Berea. Music starts at 7 p.m. (see ad on page 16).

Feb. 16

Northern Kentucky KFTC meeting, 7 p.m., Boone County Library, Main Branch, Burlington.

The major lobby days for 2010 are:

Feb. 16

Bowling Green chapter meeting, 6:30 p.m. at Kaleidoscope Office on Durbin Street.

Feb. 18

Central Kentucky chapter meeting, 7 p.m. at the Episcopal Diocese Mission House (on the corner of Martin Luther King Blvd. and 4th Street) in Lexington.

Feb. 18

Rowan County chapter meeting, 6 p.m. at St. Alban’s Episcopal Church on 5th Street in Morehead.

Feb. 22

Madison County chapter meeting, 7 p.m. at Child Development Lab on Jefferson St., Berea.

Feb. 23

Letcher County screening of DEEP DOWN, potluck at 6 p.m. and the movie at 7 p.m. at the Harry Caudill Library..

Mar. 2

Pike County screening of COAL COUNTRY, 6 p.m. at the Pike County Public Library in Pikeville.

Mar. 4

Voting Rights Rally and Lobby Day, Frankfort Ky, email Dave for more information Dave@KFTC.org

We will have a pot luck dinner and share with the community on why we walk.

If you are interested in joining us or have any questions about this event please contact: Lexington: Todd Kelly 859-333-3794 Louisville: Sam Avery 502-741-6944 Footprints For Peace: Larry Crane 859-229-9472

February 11: I Love Mountains Day - Come march on the capitol steps in support of the Stream Saver Bill along with hundreds of friends and allies. We have already lined up a number of great speakers and musicians for this exciting day of action.

Visit www.kftc.org/love to learn more and sign up to attend!

March 4: Voting Rights Rally and lobby day - Join us for a day of lobbying and a rally in the Capitol Rotunda for the Voting Rights amendment.

Page 16

balancing the scales, January 26, 2010

Over the years multiple chapters have held events focused on gearing people up to either attend I Love Mountains Day in Frankfort or to host a side event for those who cannot attend.

This year Jefferson County and Central Kentucky chapters will be hosting I Love Mountains Day turnout events on February 6, and Madison County members will host an event after I Love Mountains Day for those who were unable to attend. Each event is a festive musical fundraiser for KFTC to continue to work around stopping mountaintop removal and developing new energy sources in eastern Kentucky.

7pm-10pm

For an evening of:

Muffintop Removal

Part of the muffin proceeds go to KFTC!

Music by Mud Pi Making valentines to our legislators urging them to

STOP Mountaintop Removal An “I Love Mountains”

haiku contest

For more information call 859Ͳ893Ͳ1147.

The Black Feather Cafe is located at 216 Adams St. in Berea To learn about Mountaintop Removal visit www.KFTC.org