Showing posts sorted by relevance for query shareholder proposal. Sort by date Show all posts
Showing posts sorted by relevance for query shareholder proposal. Sort by date Show all posts

Monday, October 02, 2017

Climate Change Shareholder Proposals: NextEra Energy and its brethren push back? ... by gimleteye

In 2016, my wife and I filed the first shareholder proposal dealing specifically with sea level rise impacts to shareholders of a major electric utility. Although there have been plenty of global warming proposals from investors, ours specifically requested that NextEra, the parent company of FPL, advise shareholders of its vulnerability -- both markets and infrastructure -- to sea level rise. (Those interested, can read more by clicking this link.)

We were pleasantly surprised that in April 2017 our proposal garnered more than 20 percent of shareholders who voted; mainly very large institutional investors.

Leaving aside the question whether NextEra or ratepayers like you and me can weather a continuous financial storm, the equivalent of a Category 5 hurricane, represented by rapid sea level rise, it caught our attention that the conservative Manhattan Institute recently addressed the issue for its supporters. The Manhattan Institute primarily reflects the views of the fossil fuel supply chain, including electric utilities.

Here is its money shot:

The shift in institutional investors’ support for climate-change-related shareholder proposals in 2017 may augur a paradigm shift in the shareholder-engagement process—as activists target institutional investors themselves as a tactic through which they hope to influence corporate behavior. Institutional investors may be less sensitive to the full panoply of social-investing concerns, beyond climate change and gender, but these trends deserve careful attention in the future.

What does this mean for Manhattan Institute supporters from the ranks of corporate America and climate-change denialism? Based on past experience, we can extrapolate: more opposition to and perhaps even suppression of shareholder activists like us.


Climate-Change Proposals Break Through

By James R. Copland and Margaret M. O’Keefe

Mr. Copland is a senior fellow with and director of legal policy at the Manhattan Institute.
Ms. O’Keefe is the Manhattan Institute’s Proxy Monitor project manager.

The Manhattan Institute’s Proxy Monitor database, launched in 2011, is the first publicly available database cataloging shareholder proposals and Dodd-Frank-mandated executive-compensation advisory votes[1] at America’s largest publicly traded companies. Findings and reports by James R. Copland, Manhattan Institute senior fellow and director of legal policy, and Margaret M. O’Keefe, Proxy Monitor project manager, draw upon information in the database to examine shareholder activism in which investors attempt to influence corporate management through the shareholder-proposal process.[2] The conclusions in these reports are the authors’ own and do not reflect an institutional view of the Manhattan Institute.

Thursday, April 14, 2016

A Shareholder Proposal On Sea Level Rise: NextEra Energy Says 'No.' Will Investors Agree? ... Alan Farago

NextEra Energy, Inc. is the fifth largest electric utility in the United States. The Company provides my electricity reliably and affordably along with 4. 8 million other ratepayers through its principal business, Florida Power and Light (1). FPL is the largest electric utility in Florida, a state especially vulnerable to impacts of sea level rise.

According to a July 2015 report by the Miami Herald, "Florida has more private property at risk from flooding linked to climate change than any other state, an amount that could double in the next four decades, according to a new report by the Risky Business Project. By 2030, $69 billion in coastal property in Florida could flood at high tide that is not at risk today, the report found. That amount is projected to climb to $152 billion by 2050." (2)

Recently my wife and I filed a shareholder proposal requesting the Company to report annually to shareholders on the risks to markets, operations and infrastructure from sea level rise. Despite opposition by NextEra management, the SEC allowed our proposal to move forward.

The proposal concerns the impacts of sea level rise (SLR) on investors and shareholders of NextEra Energy. This is the first shareholder proposal specific to sea level rise. (3)

Sunday, May 15, 2016

FPL and NextEra Energy, Inc.: between a rock and a hard place in South Florida ... by gimleteye

On May 19th, the big brother of FPL -- NextEra Energy, Inc. -- will hold its annual meeting. Instead of facing critics in Florida (FPL's corporate headquarters are in Juno Beach), top executives chose a foxhole meeting in Oklahoma City.

Yesterday FPL brushed off Miami protesters against the leaking nuclear reactors at Turkey Point.

FPL has announced it will shift costs of cleaning up pollution at Turkey Point to ratepayers. The $50 million is a fraction of what will be needed to reverse the damage and halt future impacts.

Here is my guest OPED printed by the Herald, last week.

Miami Herald OP-ED
MAY 10, 2016 5:24 PM
FPL’s parent company should issue annual reports on sea-level rise

Request was made as S. Florida faces doomsday scenarios due to global warming
FPL is fighting the proposal
Our economy is dependent on real-estate development on the shoreline
BY ALAN FARAGO
alanfarago@me.com

As the devastating facts of climate change pile up — severe droughts, extreme flooding, species migration through warming and rising oceans — the question arises: What will change corporate behavior?

Thursday, December 22, 2016

Favorite EOM Story Of 2016 Is Immodestly Our Own: My Shareholder Resolution to NextEra Energy (FPL) on Sea Level Rise ... by gimleteye

My favorite story of the year was lightly reported. It was mine. About a year ago, my wife and I proposed a shareholder resolution to FPL's corporate parent, NextEra Energy; requiring NEE to report on the risks to markets and infrastructure through a range of sea-level rise scenarios. We pointed out that in its plan for new nuclear reactors at Turkey Point, NEE has already failed to take into account current estimates of sea level rise during the operating lifetime of the planned reactors.

NextEra Energy had an eventful year. Its stock price was as high as $130 in July. It is now at close to $118.

Our shareholder proposal deserves a place in the mix of FPL news.

It was the first in the history of shareholder resolutions to focus on sea level rise risk. (There have been many, on climate change generally.) Of course, NEE strongly opposed the proposal -- its DC attorney wrote a 30 plus page brief to the Securities Exchange Commission why it should be thrown out. The SEC approved our proposal.

As recorded by the annual meeting in May, 35% of responding NEE shareholders approved our non-binding resolution. Although we lost, we didn't lose. According to knowledgable insiders, a 35% positive response was extraordinary for a first-time shareholder resolution.

The best news, though, came in a lightly reported event last week: the Financial Stability Board announced the creation of The Task Force on Climate-related Financial Disclosures, chaired by Michael R. Bloomberg. "The Task Force on Climate-related Financial Disclosures (TCFD) will develop voluntary, consistent climate-related financial risk disclosures for use by companies in providing information to investors, lenders, insurers, and other stakeholders. The Task Force will consider the physical, liability and transition risks associated with climate change and what constitutes effective financial disclosures across industries. The work and recommendations of the Task Force will help firms understand what financial markets want from disclosure in order to measure and respond to climate change risks, and encourage firms to align their disclosures with investors’ needs."

In other words, the Financial Stability Board -- that reports to the G20 world leaders on economic risk -- basically endorsed exactly the point of our shareholder resolution to FPL/ NextEra Energy.

There is no evidence our modest resolution had any connection to the FSB consideration beyond our shared anxiety about the greatest threat to civilization (irrespective of what Trump and his pack believe). It is likely we just found ourselves on the same path of concern; living in Miami and direct evidence of sea level rise; a trillion dollar threat to coastal real estate and corporate profits.

FPL might not like it, but that's how it is, and it's not just a blogger who says so. For that reason, we are (immodestly) the blog's best story of 2016.


TCFD - Michael R. Bloomberg Recommendations Report Launch Video Message from Secretariat TCFD on Vimeo.


Monday, March 12, 2018

Lamps are going out all over the natural world, and no one will ever see them lit again ... by gimleteye

"Lamps are going out all over the natural world, and no one will ever see them lit again", is how Guardian OPED writer Jeff Sparrow laments the relentless march of climate change (reprinted below).

The acceleration of climate change is extraordinary, as this data map of declining winter sea ice in the Arctic demonstrates:


In Miami, as elsewhere, we are going about business -- talking about climate "resiliency" in the kind of optimistic frame to avoid the perception of running with hair on fire. In fact, "resiliency" is the acceptable solvent to the political gridlock by the GOP on climate change. (cf. Gov. Rick Scott and Senator Marco Rubio).

Meanwhile, powerful corporations like Florida Power and Light are pushing back hard; determined that corporate obligation to shareholders (and key executives' compensation packages) guides everything that exceeds the time horizon of annual reports.

It's not enough, and it is not enough for many reasons even if you don't care whether snakes, crocodiles, rats, cockroaches and a vastly reduced human population will be what's left when climate change disrupts civilization. When we speak of losing biodiversity -- the web of God's creation -- THAT is what is at stake: human suffering through intense competition for depleted food resources. (If you think AR-15's will protect you from that, think again.)

"A new study, published on Tuesday in the journal Agronomy, contains a dire warning for anyone in the United States who eats: By the end of the century, climate change could wreak havoc on California’s major crops, prompting a sharp downturn in the state’s ability to produce things like almonds, wheat, and corn." (From "Climate Change Could Decimate California's Major Crops, And That Should Worry Everyone")

The report says "could", but one doesn't need to travel further than Homestead -- a key food supplier of winter crops a few miles from Miami -- to see food supply disruption in progress. Last winter, I wrote about one farmer reporting multiple blooms, because of extraordinarily warm temperatures, on his Florida fruit crops. This is not an isolated moment in time. Based on scientific data, these phenomena are the leading edge of world-wide food supply shortages. That's already happening in marginal, drought-stricken nations where millions of climate change refugees are on the march.

We aren't we demanding that our elected's, respond? Not deny or wring hands. Take concrete steps to reverse carbon emissions causing global warming.

The Miami Herald, over the weekend, noted that a new billboard campaign by the Miami Climate Alliance, "When will Miami's polluters pay their fair share?" The billboard campaign aims at FPL, the region's monopolistic supplier of electricity.
FPL spokesman Mark Bubriski said activists (had) picked the wrong target.

Although FPL is the third largest utility in the country with almost five million customers, it’s not as reliant on oil and gas as its national peers, he said.

The majority of FPL’s power is generated with natural gas, which emits about half as much carbon as coal, and nuclear power, which has zero emissions. About 1 percent — on par with the national average — comes from the utility company’s 14 solar plants, eight of which were added this year. FPL plans to build 20 more solar plants in coming years. Bubriski said that would put the company on track to generate more power from solar than coal and oil combined by 2020 or sooner.
What the Herald reporter could ask; why didn't FPL and its parent, NextEra Energy, respond proactively to a shareholder proposal two years ago, asking that the corporation report to shareholders on the risk to climate change to its markets and infrastructure. The shareholder proposal pointed out that FPL's plan for new $20 billion nuclear reactors at Turkey Point blew off the chance of sea level rise becoming problematic. Its plans, submitted to the federal Nuclear Regulatory Agency, only forecast one foot of sea level rise; a ridiculous estimation even by the assessment of the world's largest insurance companies.



The point, ably described by Guardian writer Sparrow, is that our response to climate change is not only inadequate, it resembles in key respects how nations stumble into catastrophic wars despite all the evidence and imperative to avoid catastrophe.

Climate change is, in fact, just as Sir Nicholas Stern described, "the biggest story in the history of civilization". The GOP ridiculed Democratic candidate Al Gore for saying so, during his 2000 presidential campaign. Every year that passes, without the United States taking firm action to reverse fossil fuel combustion is a nail in humanity's coffin.

Hopefully US voters are not too distracted to pay attention.


Climate change is a disaster foretold, just like the first world war | Jeff Sparrow

UK Guardian 12 Mar 2018 01.02 GMT

The warnings about an unfolding climate catastrophe are getting more desperate, yet the march to destruction continues

‘The extraordinary – almost absurd – contrast between what we should be doing and what’s actually taking place fosters low-level climate denialism’ Photograph: Guido Dingemans/Alamy Stock Photo
“The lamps are going out all over Europe, we shall not see them lit again in our life-time.”

The mournful remark supposedly made by foreign secretary Sir Edward Grey at dusk on 3 August 1914 referred to Britain’s imminent entry into the first world war. But the sentiment captures something of our own moment, in the midst of an intensifying campaign against nature.

Thursday, March 31, 2016

On Sea Level Rise, NextEra Energy, and the SEC, it is time to lift massive risk from the fine print in the back pages: my shareholder proposal to NextEra Energy, Inc. ... by gimleteye

At some point, taxpayers are going to realize that sea level rise isn't an abstract problem that randomly hits a few unfortunates.

Yesterday, the Washington Post reported on the results of a analysis in the journal, Nature.

"Sea levels could rise nearly twice as much as previously predicted by the end of this century if carbon dioxide emissions continue unabated, an outcome that could devastate coastal communities around the globe, according to new research published Wednesday. The startling findings, published in the journal Nature, paint a far grimmer picture than current consensus predictions, which have suggested that seas could rise by just under a meter at most by the year 2100."
2013 Greenland glacier falling apart. Photo credit: Alan Farago
So really, now is the time to have a substantive dialogue including the investors and top managers of the industry indispensable to modern civilization: the nation's electric utilities.

In South Florida, one of the regions with the most to lose from sea level rise, there is one corporate interest that has the expertise, resources and skill to begin breaking down what exactly is at stake when sea level rise materializes. That company is Florida Power and Light.

2013: Greenland. Photo credit: Alan Farago
There are compelling reasons for the board of directors and top executives of NextEra Energy (NEE), its parent company, to help investors, shareholders and the public understand the real risks of sea level rise to South Florida.

First and foremost: the liabilities are unlimited. Just because the liabilities are unlimited doesn't mean they are abstract. No, the risks to its markets and infrastructure are quantifiable and given the existential threats ought to be lifted out of the few sentences in fine print, required in SEC filings.

The New York Times writes, today, "Climate Model Predicts West Antarctic Ice Sheet Could Melt Rapidly":

Continued high emissions of heat-trapping gases could launch a disintegration of the ice sheet within decades, according to a study published Wednesday, heaving enough water into the ocean to raise the sea level as much as three feet by the end of this century.

With ice melting in other regions, too, the total rise of the sea could reach five or six feet by 2100, the researchers found. That is roughly twice the increase reported as a plausible worst-case scenario by a United Nations panel just three years ago, and so high it would likely provoke a profound crisis within the lifetimes of children being born today.
Late last year, I proposed a shareholder resolution for the upcoming annual meeting of NextEra Energy, Inc. specific to sea level rise impacts and risk disclosure. NextEra fought the resolution with the Securities and Exchange Commission, writing among other points that it -- essentially -- can't see that far into the future. My shareholder resolution was approved by the SEC and will soon appear in NEE proxy materials for the 2016 annual meeting.

NextEra and FPL could decide to change strategy with respect to risk disclosure of climate change. I understand the point of view of NextEras management that investors expect predictable returns (and executive compensation follows). However, with global warming and sea level rise, the costs to FPL are quantifiable. Its markets in Florida are arguably the most at risk in the nation from sea level rise. Assessing those risks for investors and ratepayers couldn't happen a moment too soon.
The new research, published by the journal Nature, is based on improvements in a computerized model of Antarctica and its complex landscape of rocks and glaciers, meant to capture factors newly recognized as imperiling the stability of the ice. The new version of the model allowed the scientists, for the first time, to reproduce high sea levels of the past, such as a climatic period about 125,000 years ago when the seas rose to levels 20 to 30 feet higher than today.
FPL is spending hundreds of millions of ratepayer dollars to advance plans for two new nuclear reactors at Turkey Point. If those plants are ever built, Turkey Point would be the largest nuclear power generation facility in the U.S. Recent disclosures -- also anticipated decades ago by environmentalists -- demonstrate that its existing reactors, built with 1960's technology, are likely violating federal law through a malfunctioning cooling canal systems. (On existing problems, ratepayers have had no help at all from the Florida legislature or the administration of Gov. Rick Scott or his presumptive successor, Ag. Secretary Adam Putnam. So far as climate change is concerned, Gov. Scott has barred state officials from even using the words.)

While NextEra management indicated its opposition to my shareholder proposal, at the very least a marker has been put out: future generations will judge the actors and the result. Those actors include the electric utility industry's major investors; managers of pension funds, mutual funds, and hedge funds.
“You could think of all sorts of ways that we might duck this one,” said Richard B. Alley, a leading expert on glacial ice at Pennsylvania State University. “I’m hopeful that will happen. But given what we know, I don’t think we can tell people that we’re confident of that.”
That statement, alone, should trigger risk analyses beyond the fine print buried in SEC filings by the nation's electric utilities.

2013 Greenland ice sheet melt. Photo credit: Alan Farago

NextEra Shareholder Proposal
Filer: Alan Farago and Lisa Versaci
Year: 2016
Sector: Energy
Subject(s): Report On Range Of Projected Sea Level Rise/ Climate Change Impacts

Resolved Clause Summary: NextEra Energy Inc.'s (Company/NextEra) operations and markets will be substantially impacted by sea level rise (SLR), a geophysical manifestation of climate change. The Company shall provide investors and shareholders with an assessment of extraordinary risk based on a probable range of sea level rise according to best available science.

WHEREAS: The Securities and Exchange Commission recognized the financial impacts of climate change when it issued Interpretive Guidance on climate disclosure in February 2010, including: “Registrants whose businesses may be vulnerable to severe weather or climate related events should consider disclosing material risks of, or consequences from, such events in their publicly filed disclosure documents.”

The Company’s principal subsidiary, Florida Power & Light Company (FPL), is one of the largest rate-regulated electric utilities in the United States. Its markets are among the most vulnerable in the nation to sea level rise.

SUPPORTING STATEMENT: Sea level rise as a consequence of climate change is an extraordinary risk to the Company’s markets and facilities, leading to diminished energy utilization rates, downtime or closure of facilities due to damage to facilities, danger to employees, disruption in supply chains, disruption of markets and power supply, and unlimited financial liability.

According to NOAA: “In the context of risk-based analysis, some decision makers may wish to use a wider range of (SLR) scenarios, from 8 inches to 6.6 feet by 2100.” In contrast, FPL planning documents for two new nuclear reactors at its Turkey Point facility predict less than one foot SLR by 2100. FPL planning documents omit current federal SLR guidelines and science-based analyses such as provided by the Southeast Florida Regional Climate Compact / Sea Level Rise Work Group assessment. Using the lowest estimate of SLR for the Company’s planning purposes leads to inaccurate information for shareholders.

BE IT RESOLVED: Shareholders request that NextEra Energy Inc. report material risks and costs of sea level rise to company operations, facilities, and markets based on a range of SLR scenarios projecting forward to 2100, according to best available science. The requested report shall be available to shareholders and investors by December 1, 2016, be prepared annually at shoreasonable cost and omit proprietary information.

Energy and Environment
Scientists nearly double sea level rise projections for 2100, because of Antarctica
Washington Post
By Brady Dennis and Chris Mooney March 30 at 1:44 PM

Sea levels could rise nearly twice as much as previously predicted by the end of this century if carbon dioxide emissions continue unabated, an outcome that could devastate coastal communities around the globe, according to new research published Wednesday.

The startling findings, published in the journal Nature, paint a far grimmer picture than current consensus predictions, which have suggested that seas could rise by just under a meter at most by the year 2100. Those estimates relied on the notion that expanding ocean waters and the melting of relatively small glaciers would fuel the majority of sea level rise, rather than the massive ice sheets of Greenland and Antarctica.

The scientists behind Wednesday’s study used sophisticated computer models to decipher a longstanding riddle about Antarctica: how did it surrender so much ice during previous warm periods? They found that similar conditions in the future could lead to monumental and irreversible increases in sea levels. If high levels of greenhouse gas emissions continue, they concluded, oceans could rise by close to two meters in total (more than six feet) by the end of the century. The melting of ice on Antarctica alone could cause seas to rise more than 15 meters (49 feet) by 2500.

Monday, January 05, 2009

Green Century Equity Fund uses shareholder advocacy to pressure Lowe's on UDB ... by gimleteye

MIAMI -- The Green Century Equity Fund, an environmentally focused mutual fund, has been engaging Lowe’s Companies, Inc.*, a major home improvement retailer, over the company’s efforts to build a big-box store in critical wetlands territory bordering the Florida Everglades. (click read more for full press release)

FOR IMMEDIATE RELEASE: Contact:
12/30/2008 Emily Stone, Green Century Capital Management
617-482-0800
Adam Rivera, Environment Florida
954-801-6909

Green Century Tells Lowe’s to Respect the Everglades
Mutual fund uses shareholder advocacy to pressure company on sprawl

MIAMI -- The Green Century Equity Fund, an environmentally focused mutual fund, has been engaging Lowe’s Companies, Inc.*, a major home improvement retailer, over the company’s efforts to build a big-box store in critical wetlands territory bordering the Florida Everglades.

Lowe’s has been attempting to build a store in Miami-Dade County that falls outside the Urban Development Boundary (UDB), a line drawn in the wetlands to protect the endangered Everglades from swiftly-encroaching sprawl. Development already extends up to the boundary itself in many areas of the County. The proposed Lowe’s store would straddle the boundary and include more than 10 acres of wetlands officially designated as off-limits to development.

Green Century is working to support concerns raised by the local community and in particular Environment Florida, an environmental NGO that has been activating its members to pressure Lowe’s not to build their store. “Lowe’s has been trying to build on these wetlands for years. The company’s proposal completely counters the efforts made by the Florida community to preserve the Everglades from harmful sprawl,” states Adam Rivera, Advocate for Environment Florida.

The Mayor of Miami-Dade County, along with sixteen local municipalities, the state Department of Community Affairs and over 100 local organizations, opposes the project. Beyond environmental concerns, there are significant financial implications for the local community. Should Lowe’s be granted the permit to develop beyond the UDB, the county will lose its state transportation funding.

The proposed store poses an environmental risk to the Everglades and financial risks to the company as well. Reports published over the past several years, authored by groups like the Christian Brothers Investment Service (CBIS) and Domini Social Investments LLC, delineate the various financial risks inherent in community opposition to big-box development.

“In the seven years that Lowe’s has spent attempting to build this store it has incurred numerous costs from litigation and other fees, and faces serious reputational risk on a broad scale,” states Emily Stone, Shareholder Advocate for Green Century. In April, TIME magazine ran a feature story highlighting the local controversy and potential environmental damage associated with Lowe’s efforts to build in this protected ecosystem. There have been several calls for statewide or national boycotts of the company.

Green Century has been working in coalition with CBIS to pressure Lowe’s on the issue. Green Century recently filed a shareholder resolution at the company asking for increased stakeholder engagement in the company’s store siting policies, particularly in relation to the proposed Everglades store, but also pushing the company to take a more sustainable approach as it plans stores in the future.

“Lowe’s needs to take a step back and recognize the serious risks its proposed store poses not only to the environment but to the company itself,” says Stone. “Green Century will continue to demand that Lowe’s fulfill its fiduciary responsibility and recognize that building this store as proposed is simply a lose-lose situation. We have investments to protect, as well as our environment.”

*As of September 30, 2008, Lowe’s Companies, Inc. comprised 0.66% of the Green Century Equity Fund. Portfolio composition will change due to ongoing management of the Funds. References to specific investments should not be construed as a recommendation of the securities by the Funds, their administrator, or their distributor.


***

Green Century Capital Management is an investment advisory firm focused on environmentally responsible investing. Founded by a partnership of non-profit environmental advocacy organizations in 1991, Green Century’s mission is to provide people who care about a clean, healthy planet the opportunity to use the clout of their investment dollars to encourage environmentally responsible corporate behavior. Green Century believes that shareholder advocacy is a critical component of responsible investing and actively advocates for greater corporate environmental accountability.


You should consider the Funds’ investment objectives, risks, charges, and expenses carefully before investing. For a prospectus that contains this and other information about the Funds, call 1-800-93-GREEN, visit www.greencentury.com or email info@greencentury.com. Please read the prospectus carefully before investing.

Distributed by UMB Distribution Services, LLC 11/08

Saturday, April 30, 2016

FPL and The Politics of Aquifer Destruction In South Florida ... by gimleteye


FPL's Mike Sole, Speaking at Senate Field Meeting April 29th
It was, as depicted by the Miami Herald, a "rare senate field hearing" on a late Friday afternoon in Homestead. About a dozen Florida state senate and house leaders attended the packed meeting at Miami-Dade College. Also in the front rows: staff and attorneys from the Nuclear Regulatory Commission, from Florida DEP, and from Miami-Dade DERM. In the audience: elected officials like County Commissioner Daniella Levine Cava, Mayor Philip Stoddard and Mayor Cindy Lerner. At issue: the manifest failure of cooling canals at Turkey Point serving FPL's two aging nuclear reactors.

The meeting convener said accurately, at the start, no one on the panel chose to be in Homestead on a late Friday. He also warned the participants on the panel not to "politic" the FPL aquifer destruction issue, an admonition immediately contradicted by the positioning of the highest ranking elected official -- incoming senate president Joe Negron, a Republican -- flanked by two Miami-Dade Republicans whose senate seats are up for grabs in November as a result of Fair Districts; Miguel Diaz de la Portilla and Anitere Flores.

Miami-Dade County and Monroe County voters have no similar protections.

The dismal reality is that FPL's problems at Turkey Point have been percolating for more than thirty years. Michael Sole, the FPL vice president and former secretary of the Florida Department of Environmental Protection, bounced over that fact during his hour long introduction to the panel and audience.

Listening from my seat, Sole's presentation was polished and illuminating; in particular his frequent return the word "freshening" to describe the action FPL is taking to dilute its pollution in the cooling canals.

Freshening is something you do to wake up. Splash some cool water on the face. Everyone loves being freshened. What FPL is doing with its "freshening" will cost FPL customers $50 million this year. That's the money it will cost to plug up FPL's problem; the contamination of underlying groundwater leaking westward to drinking water wells and eastward under Biscayne National Park.

The $50 million assessment on ratepayers is grossly inaccurate.

To stop the overheating of the cooling canal system (never mind the pollution problem), FPL is now authorized by emergency measures of the Rick Scott administration in Tallahassee to withdraw nearly 150 million gallons per day of fresh water from our aquifer into its 168 mile long cooling canal system. That water belongs to the people of Florida. It is water being stripped from the aquifer in exactly a part of the Everglades ecosystem that we long ago pledged to fix: southern Biscayne Bay, from the nearshore waters stretching to Ocean Reef, and including a 30,000 acre tract of former wetlands now bone-dry as a result of FPL's problem called the Model Lands.

So the cost this year to taxpayers is not just $50 million, according to Sole, the cost includes turning Biscayne Bay wetlands into FPL's sacrifice zone. Sole is a board member of the Everglades Foundation which, as a consequence, is an awkward defender of FPL and silent on Turkey Point.


There was a further inaccuracy in Sole's statement to the panel. FPL has not been, in Sole's words, clear and transparent in sharing the science and data on its cooling canal problem at Turkey Point. Nothing could be further from the truth.

Over many years, FPL bullied its way through state and local agencies, overtly and covertly threatening staff and using legalistic sleights-of-hand to avoid making public the results of monitoring and testing, especially in Biscayne Bay.

Sole's powerpoint presentation (with some map slides where delineation boundaries were awkwardly invisible) showed exactly TWO measuring stations in Biscayne Bay and three measuring points in areas close to the nuclear facility it now disputes. Those three measurement sites were added as a result of findings following the controversial power uprate in 2012 for the aging reactors. One can't draw a better inference how the public interest has been blocked than the concerted effort by FPL to stop state and local government from data collection and analysis.

FPL and regulators now assert the problem of the overheated cooling canal system is the result -- not of the uprate approved by Florida politicians and Scott appointees at the Public Service Commission -- but of abnormally hot weather and drought.

They don't call it climate change.

To acknowledge climate change at Turkey Point would require FPL to agree that these weather-related phenomena are precursors of rapid sea-level rise that will exert severe pressure on Turkey Point's nuclear reactors, its cooling canal system and every acre of South Dade.

As for the sea-level rise shareholder proposal to be assessed at the Company's upcoming annual meeting in Oklahoma! (my wife and I made the proposal through NextEra Energy), that is opposed too because -- according to the Company -- everything is under control.

Monday, May 09, 2016

On Sea Level Rise Shareholder Proposal, FPL and NextEra Energy, Inc. Fog The Mirror ... by gimleteye

April 2016: Beach "renourishment" in Delray, FL
In just over one week, NextEra management will hold its annual meeting in Oklahoma City. The parent company of FPL is required by SEC regulations to include all shareholders of record. The annual meeting provides a tiny window to executive management and executive compensation. The corporation is also obligated to announce resolutions proposed by shareholders according to SEC rule. One of this year's resolutions, filed by my wife and me, concerns sea level rise.

"Shareholders request that beginning Dec. 1, 2016, the Board of Directors provide an annual report, prepared at reasonable cost and omitting proprietary information, on material risks to operations, facilities, and markets based on a range of sea level rise scenarios projecting forward to 2100 based on best available science.” Markets. That means, us.

FPL is the largest business unit of NextEra. Its major market is the eastern seaboard of Florida, defined by low lying topography and extraordinarily vulnerable to sea level rise. The Company's objections, filed in its proxy statement, are not responsive to our resolution.

For example, NextEra writes: "The sea level rise projections for the Turkey Point project under Nuclear Regulatory Commission (“NRC”) licensing review were developed in compliance with rigorous NRC requirements and processes, including relying on peer-reviewed data. National Oceanic and Atmospheric Administration estimates of sea level were used to project sea level rise over 100 years, and, if approved and constructed, the new Turkey Point nuclear reactors would comply with NRC standards for nuclear plants and be built more than 25 feet above current sea level, well above any predicted rise in sea level."

With only a few feet of sea level rise, the region surrounding the Turkey Point Nuclear Reactors will be under water. Even if roadways are built above the rising seas, it will be impossible to protect farmland, housing subdivisions, and commercial areas that service the immediate environs.

Ten years ago, I was the mayor's appointee to the first iteration of the Miami-Dade Climate Change Task Force, representing Sierra Club. There were over two dozen members of the public included in the advisory group authorized by the Miami-Dade County Commission. I resigned after concluding that thousands of hours of volunteer time in meetings had served the primary purpose of shuffling papers by local elected officials.

A decade later, and climate change has risen to a top-most urgent concern. In January, the World Economic Forum in Davos called climate change the biggest threat to global growth in 2016. Miami is often cited in international press reports as a region with the most to lose from rising seas.

2016 is likely to be the hottest year on record. Photo image: NASA
Our resolution seeks to clarify for investors what will happen under a range of sea level rise scenarios: not just to FPL Nuclear reactors but to its substations, its ability to service overheard distribution lines, and especially to FPL's coastal markets for electricity. To focus, as FPL and NextEra have done, on concrete pads built "25 feet above sea level" is the definition of a red herring if millions of ratepayers cannot withstand a few feet of sea level rise.

The Company writes, "There is no justification for the time and expense of the annual report requested by the proposal, particularly when the possible effect of sea level rise has already been appropriately addressed and the analysis is available to the public.”

FPL calls our resolution a “waste of time and money”. Really?

Some South Florida municipalities, like the City of Miami Beach, have already invested hundreds of millions to fight the significant impacts of sea level rise in the context of protecting billions of dollars of infrastructure serving millions of Floridians; not in 100 years but within the next twenty to fifty years.

A report by the The Southeast Florida Climate Change Compact includes: "In the short term, sea level rise is projected to be 6 to 10 inches by 2030 and 14 to 26 inches by 2060 (above the 1992 mean sea level). In the long term, sea level rise is projected to be 31 to 61 inches by 2100. For critical infrastructure projects with design lives in excess of 50 years, use of the upper curve is recommended with planning values of 34 inches in 2060 and 81 inches in 2100."

FPL's Turkey Point reactors were commissioned in 1973 and are still operation more than forty years later. By that time metric -- forty years from 2020's when FPL's new nuclear reactors would be operational -- South Florida will be staring at 34 inches of sea level rise.

To be dismissive of sea level rise concerns, NextEra management abrogates its fiscal responsibility to shareholders. Management's answer that new nuclear reactors will be built twenty five feet above sea level at Turkey Point is non-responsive. Shareholders want an honest assessment of sea level rise, backed by the full engineering capabilities of one of Florida's largest corporations, not peevish assurances from its PR department.

Friday, April 20, 2007

Colony Collapse Disorder, II by gimleteye

Who knows why colony collapse disorder is affecting the bees, but in their industrious organization, bees look a lot like us.

In comparison, the correlation between our struggle for the last oil on the planet (our honey?), global warming, and how the US panders to oil-producing despots-- deforming our own democratic principles--begins to delineate the beginnings of our own colony collapse disorder.

Living in Miami as we do, it is discouraging to read in the Miami Herald about Stuart Miller, CEO of the area’s largest publicly held corporation and one of the largest production home builders in the United States, dismiss the responsibility of his corporation to adapt to pressing environment concerns.

In the same Herald report noting how Lennar quickly rejected a recent shareholder proposal for environmental accountability, the Herald quoted John Burford, senior vice president of International Bank in Miami. “Burford, who provides economic commentary to the U.S. Federal Reserve, also said he wouldn't advise any business to take action addressing global warming if it brings added costs. 'For business, it's way too premature to do anything,' Burford said. 'We don't know if these forecasts are even close. My guess is not much will be done and this story will pass away and be on the back pages in no time.'''

Mr. Burford and his colleagues should listen to the simple powerpoint presentation on climate change by Dr. Hal Wanless, chair of the geology department at the University of Miami.

Dr. Wanless, who gave his presentation yesterday to the Miami Dade County Climate Change Advisory Task Force, notes that scientists—by definition—are skeptics and doubters. That’s their job. According to Dr. Wanless, there are a few scientists who challenge the premise of global warming, but what people need to pay attention to is the vast and overwhelming consensus that global warming is the real deal: a consensus extremely rare in the science community.

This is not tomorrow’s problem. The impacts of global warming will impact our lives, within the span of our generations.

The New York Times editorial page reports today, “On Monday, 11 retired admirals and generals released a detailed 68-page report arguing that climate change could be a “threat multiplier” in already fragile parts of the world… Anthony Zinni, the retired Marine general, made the point elegantly when he said that “we will pay for this one way or another”—either now, to control the emissions of greenhouse gases, or later, in military engagements and ‘human lives’”.

So, back at you: how do you spell, c-o-l-o-n-y c-o-l-l-a-p-s-e d-i-s-o-r-d-e-r?

And why is it that the wealthiest Americans have the most difficulty forming the words?

Tuesday, December 05, 2017

Maybe the BEST reason to vote STRAIGHT DEMOCRAT ticket in 2018 ... by gimleteye

As California golfers put through, a summer wildfire rages behind them: an apt metaphor for the state of America
The stock market is up, but make no mistake: money is agnostic when corporate profits have such a clear path into shareholder wallets. If you are not a shareholder, tough luck. For Americans living paycheck to paycheck -- and that's a fair percentage of the electorate -- the smoke and mirrors of the Trump disaster have been nullifying. Tell that to the workers at the Carrier plant in Ohio, where newly elected Donald Trump made a grand splash claiming he was "saving thousands of jobs". The jobs are gone and disaffection with Trump is rampant.

Agnosticism hits a dead end in this place: where the United States is assaulted by a hostile foreign power. That happened in 2016 with Russian interference in the outcome of the election, driving the vote of less than 100,000 in three states to deliver an electoral college victory to Trump.

The spectacle of the Republican Party turning a blind eye to daily breaches of every normative value of presidential behavior is nauseating, but there is more.

The Intercept reported yesterday that that the White House has hosted discussions of creating a network of private spies to counterbalance what Trump perceives as a CIA and intelligence community disloyal to him. The network is the brainchild of the founder of the private army behemoth, Blackwater, that was set into motion in Iraq and elsewhere (with billions of revenue) by Dick Cheney and George Bush.

As the Twitter-verse notes several times a second, you can't make this stuff up. Over the weekend, Trump tweeted a series of lies focused around his manifest hatred of the FBI. Attacking the guardians of democracy and laws -- and now suggesting these assaults should be institutionalized through politicization of US intelligence services -- is a leap towards an authoritarian state. The GOP is silent.

So there it is: the end of the beginning.

Hope rests in one place: in a relatively narrow band of the electorate that was persuaded by fact or by fiction to reject Hillary Clinton and the Democrats in 2016. These include African Americans who stayed home and did not vote, and mostly educated White Americans who voted for Trump despite telling pollsters they didn't. (Fox viewers and followers of the radical right fringe are silo'd in their bunkers.)

Let Alabama be Alabama next week -- fingers crossed for Senate candidate Doug Jones -- but next year, 2018, will be make or break for the United States of America. No one can sit on the sidelines and call themselves a citizen.

TRUMP WHITE HOUSE WEIGHING PLANS FOR PRIVATE SPIES TO COUNTER “DEEP STATE” ENEMIES
Matthew Cole, Jeremy Scahill
December 4 2017, 10:24 p.m.

THE TRUMP ADMINISTRATION is considering a set of proposals developed by Blackwater founder Erik Prince and a retired CIA officer — with assistance from Oliver North, a key figure in the Iran-Contra scandal — to provide CIA Director Mike Pompeo and the White House with a global, private spy network that would circumvent official U.S. intelligence agencies, according to several current and former U.S. intelligence officials and others familiar with the proposals. The sources say the plans have been pitched to the White House as a means of countering “deep state” enemies in the intelligence community seeking to undermine Trump’s presidency.

The creation of such a program raises the possibility that the effort would be used to create an intelligence apparatus to justify the Trump administration’s political agenda.

Saturday, May 30, 2009

Lowe's Shareholders get Scolded by "Environment Florida"! by Geniusofdespair

From a Press Release:
Environment Florida delivered the concerns of 10,000 South Floridians to the Board of Lowe’s Companies, Inc., regarding the major home improvement retailer’s proposal to build a Superstore in protected wetlands near the Florida Everglades. As the shareholder representative of Green Century Equity Funds, an environmentally responsible mutual fund, Environment Florida Advocate Adam Rivera addressed the Lowe’s Board at its Annual Shareholders’ Meeting and handed over 10,000 petition signatures from citizens opposing development in the Everglades. (hit read more)

“Over half a century of development and pollution have disrupted natural water flows, harmed wildlife and destroyed half of the Everglades ' unique, species-rich wetlands. Projects like the Lowe’s Superstore bring us closer to cementing the fate of Everglades ,” said Rivera.

Lowe’s has been pushing to build a big box store in Miami-Dade County that falls outside the Urban Development Boundary (UDB), a line drawn in the wetlands to protect the endangered Everglades from swiftly-encroaching sprawl. Development already extends up to the boundary itself in many areas of the County. The proposed Lowe’s store would straddle the boundary and include more than 10 acres of wetlands officially designated as off-limits to development.

Thursday, December 07, 2017

Art Basel George Lindemann victorious but at what cost? ... by gimleteye

This is surely one of the craziest Florida stories that has never been fully reported: Miami art collector George Lindemann's role in undoing a legacy of Florida water law. It is complicated with many chapters, but the main point is that in Florida -- unlike Texas, say -- rainfall and fresh water is a public resource. You don't get to own rainfall in Florida.

During the Jeb Bush terms as Florida governor starting in 1998, the right to privately own water surfaced as a possibility, through the agency of a subsidiary of Enron, a Texas company closely affiliated with the Bush family, whose spectacular bankruptcy defined the excesses of the dot.com boom. Floridians treasure their fresh water resources but to large agricultural interests, if the rainfall they capture or that springs up from underground could be harnessed and sold, it would be liquid gold.

The water privatization story in Florida politics faded with Enron but never went away completely because Texas billionaires like the owners King Ranch know exactly what liquid gold smells and feels like: in Texas, fresh water is private property. The King Ranch owns key parcels in the Everglades Agricultural Area.

Now the privatization initiative is gathering steam thanks to a bizarre capitulation of the Rick Scott administration in litigation with Lindemann over his property in West Martin County.

Last year's key piece of legislation signed into law by Gov. Rick Scott and proposed by Senate President Joe Negron actually includes a provision for TAXPAYER money to be used to scope out the engineering challenges of marshaling rainfall water as a PRIVATE utility. It also involves the connection between Lindemann, whose family is the largest private shareholder of Verizon grown out of talc powder business, with Big Sugar billionaires; the Cuban American Fanjul family whose holdings include Florida Crystals.

Lindemann is a relative newcomer to Florida. Before owning Lake Point -- lands he pledged to split into a rock mine for cement products and in part a conservation area, he was a real estate developer in Miami concentrating on the Biscayne Boulevard corridor. The Fanjuls are a vertically-integrated hemispheric force in the sugar business and heavily influence Florida politics through the outsized contribution of the sugar subsidy in the US Farm Bill; the corporate welfare that not even conservatives in Congress have been able to dislodge.

In other words, subsidized sugar -- costing US consumers nearly twice the world market price -- provide outsized profits to Big Sugar that turns around and sprinkles dark money campaign contributions throughout the political system. A similar subsidiary relationship may define the Lindemann / Fanjul connection because the only thing more profitable to Big Sugar than growing sugarcane would be if it could sell the water on its lands; exactly what the Lake Point project became.

Big Sugar acreage -- some 800 square miles south of Lake Okeechobee -- formerly defined Everglades wetlands, provided by nature. They are now highly cultivated private property whose irrigation needs -- not too wet when it rains, not too dry when the rains stop -- drive Florida politics and water management infrastructure. That faulty equation leaves out the Everglades and coastal real estate owners, putting enormous sacrifice on the backs of property owners and taxpayers, that environmentalists like Maggy Hurchalla have spent their entire lives struggling to rectify.

It is also the equation that now engrosses George Lindemann when he purchases Lake Point, with no prior experience in the battle between Big Sugar and Everglades activists. (For a recent article in the Treasure Coast Palm, click here.)

The litigation over Lake Point may have ended between Lindemann and Martin County, but Lindemann seems determined to push Maggy Hurchalla and her like-minded allies into the ground with legal expenses that far exceed the capacity of ordinary citizens.

With so much Big Sugar money filtered like confetti through the legal and political ranks, it is no wonder that the underlying stories are so lightly reported.

Eye On Miami has tried to keep the Maggy Hurchalla story in view. Here is a link to our archive. Interested readers ought to spend time here, especially the "Achiever" interviews with Hurchalla.

We reprint the following with permission of the author.


December 5, 2017

I’m Maggy Hurchala. For the last five years I’ve been involved in a SLAPP suit. That is a Strategic Lawsuit Against Public Participation. Look it up in Wikipedia. They will tell you it is legal bullying meant to intimidate, bankrupt, exhaust and SHUT UP critics.

Martin County and the SFWMD also got slapped in the case of Lake Point vs. SFWMD, Martin County, and Maggy Hurchalla.

I can’t talk about that lawsuit because it is, as they say, “ongoing.“ The trial date has been set and moved three times. It is now set for Feb 5. I am looking forward to the time when we can talk about the issues and facts out loud and under oath.

Friday, May 11, 2007

Florida Power and Light, for shame by gimleteye


Every single component of Florida’s destructive growth machine is on view in the struggle by FPL and citizens whether or not to build a new coal fired power plant at the edge of the dying Lake Okeechobee in Glades County.

It is a demonstration project: how the economic elite team up with local mainstream media to perpetuate false Chamber of Commerce values—that all expanded tax base is good and when it is bigger, better.

The liar’s miracle of expanded tax base has turned Florida into an old painted whore who can still pass for pretty in certain rural communities that are desperate to be like the big city.

Oh yes, we can already hear the howling complaints: "we just want jobs for our children".

One step at a time, drained aquifers, degraded springs, choked infrastructure, burning fires surrounding islands of the natural world defended as arks by environmentalists, all ringed by a polluted coastline: this is the frame for "jobs for our children".
Damn if you don’t need a Hazmat suit just to protect yourself from news stories like this one, from the Glades County Democrat.

“A group of local citizens has organized in support of a power plant. Citizens Power Coalition is a local organization made up of residents from Glades and Hendry counties who are pushing to help FPL’s proposal to build a power plant near Moore Haven. The group organized about six months ago when some residents began to feel that the power plant would be a positive beginning for the inevitable growth of rural Glades County.”

What the Glades County Democrat doesn’t say is that the citizens group is organized by the Miami public relations firm, Wragg and Casas, funded by Florida Power and Light.

In a letter to the editor, Rhonda Roff—an indomitable foe of the power plant—writes, “Knowing that the Power Coalition is funded by FPL and orchestrated by Wragg and Casas, the public relations firm that has done more harm to the Everglades than any other, I cannot understand what Nena Bolan (the writer) was thinking, or why her editors did not see this failure to understand the English language!”

Indeed, Wragg and Casas is the spin machine for the sugar industry.

The sugar industry itches for zoning and permitting to build suburban tract housing in the Everglades Agricultural Area. Its dominance of the mechanics of water management in Florida assured that Lake Okeechobee would turn into a cesspit, that Florida’s estuaries would be ruined on not one but two coasts, and that drinking water for millions of South Floridians would depend on a system designed to optimized sugar production but leave rate payers vulnerable to drought.

Whenever the status quo of water management in South Florida is called into question, Wragg and Casas arrive like the fire brigade—whether it is pressuring US Senators to preserve the vast profitability of the Farm Bill, or, turning out middle schoolers or church go’ers, or, persuading county commissions to let a little sun shine into its plans for suburbia in the Everglades—Wragg and Casas is walking point.

The Glades County Democrat reports on opposition by “environmental activists” like Rhonda Roff but spins the article like a Wragg and Casas press release: “… there are some, including the parents in Glades County who do not want their children to leave the area in search of jobs…” and “many people support the project… because of the estimated $21 million in annual tax benefits to Glades county and several million for Hendry county.”

Wragg and Casas is just doing its job.

In Miami, Joanna Wragg was a senior editor of the Knight Ridder Miami Herald and mightily contributed to the Big Sugar aura as an immoveable placeholder in the Everglades.

Additionally, sugar’s retainers with virtually every big downtown law firm in Miami assured no criticism of sugar would ever leak out of Florida’s largest county to Tallahassee, or, to Washington.

Rhonda Roff’s letter to the editor “outs” the fake citizens group, calling it an example of “astroturfing”: “The goal of (astroturfing) is to disguise the agenda of a client as an independent public reaction to some political entity.” Indeed.

Cooked coral reefs, dead hooded Arctic seal in a Florida waterway, disappearing bees, drought, fire—with carbon dioxide levels approaching levels not seen for 600,000 years and racing higher, what Florida needs is a tough conservation program that pushes the electric utilities into line, with clear incentives based on reducing energy—and not investment in a single new coal-fired power plant, no matter how “clean”.

We would like to think that the world is capable of adjusting to the threats of global warming, but if the Miami-Dade county commission won’t whisper a word about reconciling development patterns with a serious drought, and if Glades county elected officials are determined to sell its citizens the same Chamber of Commerce version of liar’s poker that has pummeled Florida—what hope is there for the future?

It is a shame: Florida Power and Light understands perfectly well the nature of the challenge to humanity, by global warming. One of its divisions is the largest producer of wind energy in the nation. The company is staffed by engineers and experts who can parse the difference in regulatory policies in every state in the nation.

What it is doing in Glades county is simply pushing its own corporate agenda—shareholder profits—to the edge of what is practical, including the same spin machinery that has had a devastating impact on Florida.

It is hard to reach any other conclusion: the way Florida Power and Light is slamming its coal-fired power plant into Glades County, Florida, is a frightful indicator that society will not curb greed and avarice in time to beat back the impacts of global warming.

Tuesday, May 23, 2017

Part One: The Agony of Florida, Its Rivers, Bays, Estuaries, And Politics ... by gimleteye

Winter 2016: toxic scum coated many Southeast Florida river ways and beaches as a result of mismanagement by the South Florida Water Management District
Fixing Florida’s destroyed estuaries and Everglades and Florida Bay depends on voters and taxpayers re-engaging with public officials. Case in point: how and why a vast new wetland system — at least 60,000 acres — was removed from legislation, now law, signed by Gov. Rick Scott.

Before the start of the Florida legislature, Senate President Joe Negron pledged that acquiring 60,000 acres of land from Big Sugar owners was a top priority. The addition of significant additional acreage for water storage and cleansing marshes -- using lands south of Lake Okeechobee now in sugarcane production -- had been a science-based goal of Everglades restoration since at least 2000. And not just the Everglades.

By the end of the session, a bill emerged without the additional 60,000 acres. (For fifteen years, environmentalists had been urging the acquisition of 100,000 acres from Big Sugar.)  Big Sugar encompass about 700,000 acres around the southern rim of Florida’s largest freshwater resource.

The entire plumbing system of South Florida requires water managers to ease the pressure on lake levels under conditions of severe flooding and rainfall by shunting billions of excess gallons from the middle of the state to both the east and west coasts of the peninsula. This happens primarily through the Caloosahatchee to the west coast and the St. Lucie to the east.

To protect downstream communities and the Everglades from extreme flooding, the water has to go somewhere. The hydrological problem is not necessarily where it goes, but how much and how polluted it is. The political problem is that the determinative constituency that directs water management in Florida is not the coastal taxpayer or businesses that depend on clean, fresh water. It is Big Sugar and the beneficiaries of the most heavily subsidized agricultural commodities in the United States.

For many years, Big Sugar objected to land purchases on the basis that no funding was available. In fact, Big Sugar opposed every effort to put agricultural lands into public ownership, but when lands were purchased, the negotiated terms were always extraordinarily favorable to sellers including long-term lease back provisions that acted like dead weights on the original purpose of the transaction: to restore and protect the environment and its real, quantifiable contributions to a thriving economy.

With the passage of a constitutional amendment by nearly 75% of Florida voters in 2014, the core of Big Sugar's objection -- money for land acquisition -- no longer holds. Floridians -- Republicans and Democrats and Independents --  voted to allocate a portion of the tax collected from all real estate transactions to the acquisition of environmentally sensitive lands. The money is there: more than $10 billion over the next two decades. What is short supply is political will.

Florida's rainfall see-saws from one extreme to the other. Water management in South Florida, on the other hand, remains constant to the purpose of maintaining perfect irrigation and drainage for the Everglades Agricultural Area. Big Sugar's controls water management through massive political contributions and a network that reaches deeply into both the Republican and Democratic state parties and elected officials. This rigged system is economic madness and horribly short sighted unless you are one of those sugar farmers, like the Fanjuls, or a distant shareholder living on dividend checks, as is the case with the descents of Charles Stuart Mott and the US Sugar Corporation.

Beyond the political money, the next ring of the problem is hydrology. When it rains too much — with climate change, there is a rising risk that extraordinary rainfall will become routine rather than exception — polluted water from Lake Okeechobee must be drained to lessen the risk of a catastrophic breach of the lake's berm and risk to sugar farms. When it is too dry, Everglades National Park becomes hyper saline, triggering massive seagrass die off at the bottom of the ecosystem in Florida Bay, choking with algae blooms that continue for years. The Caloosahatchee River, emptying to Florida's west coast, also suffers under the both extremes; it fills with toxic discharges when it's wet, and like the Everglades, it needs clean fresh water when it is too dry.



At the end of the recently concluded session of the Florida legislature, the Tampa Bay Times reported: "Months of negotiation and compromise over whether to build a deep-water storage reservoir south of Lake Okeechobee ended in victory Tuesday for Senate President Joe Negron as the Florida House agreed to the Senate plan and sent the measure to Gov. Rick Scott for his approval. The proposal, SB 10, will cost the state and federal government $1.5 billion and will accelerate the state's 20-year goal of storing water from the lake by using land the state owns, known as the A-2 parcel, as well as land swaps and purchases. The House passed the measure 99-19, after it reduced the amount the state could bond for the project to $800 million, and the measure was then passed by the Senate 33-0.”

The Everglades Trust, an influential environmental group, praised the new law and its key supporter: "One development made all the difference: an outstanding lawyer, a state senator representing what had been “ground zero” for the algae, was elected by his peers to the presidency of the Florida State Senate. Armed with overwhelming evidence and science and backed by tens of thousands of supporters, Senate President Joe Negron made the Everglades Agricultural Area Reservoir his top legislative priority. Even at great personal sacrifice — he resigned his lucrative law partnership to wage this fight — Negron showed extraordinary integrity in leadership.” ("Against long odds, Florida residents won water battle,” May 18, 2017, TC Palm)

What happened to the 60,000 acre reservoir and why did it disappear? The simple answer: Big Sugar stage craft.

Negron had forged close links with Big Sugar early in his political life. Hundreds of thousands of dollars in Big Sugar contributions flowed in and out and between political committees that Negron and the top lobbyists and business leaders in Florida directed. It costs an enormous amount of money to wage a credible political campaign in Florida. State senate races in populous sections of the state can cost each candidate millions of dollars. Negron secured loyalty with the implicit backing of Florida's big donors, especially Big Sugar.

Negron, with Big Sugar's support, had already been designated the incoming senate president for 2017 when historic, heavy rainfall began to fall across his southeast Florida district in late 2015.

Something else was happening in late 2015 that didn't escape the attention of top Republicans like Negron: the GOP presidential primary was edging toward chaos.

When it started pouring during South Florida's dry season, causing water managers to open the flood gates of hell onto waterways, GOP voters were furious. The memory of an earlier pollution disaster, the 2013 floods and toxic algae blooms, had not faded. Dead fish and wildlife, water too dangerous to touch: pollution does not select for political affiliation.

As Negron’s GOP districts were rumbling with discontent, the primary campaign bids of Big Sugar’s proxies, Jeb Bush and Marco Rubio, were falling to pieces. Both had proven their worth to Big Sugar in the early 2000’s, spearheading passage of a state law that broke a federal state Everglades consent agreement arising over Big Sugar’s pollution in the early 1990's.


On February 20, 2016, after a series of lackluster finishes and draining $150 million in donor contributions, Jeb Bush dropped out of the GOP primary. Less than a month later, Marco Rubio was beaten badly by Donald Trump in his home state, garnering only 27% of the vote. Angry Republican voters punished Rubio in the March presidential primary and the toxic water spewing out of Lake Okeechobee was partly to blame. A devastating flood of pollution on both Florida coasts added to the fury of rank and file voters against the status quo although one would be hard pressed to find a GOP leader to make that admission.

Rubio is Big Sugar’s strongest ally in Congress, a result of long-standing friendships with supporters like the billionaire Fanjuls. It was the Fanjuls who rescued Rubio from obscurity after he retired from the Florida legislature when Big Sugar needed — in 2010— a opponent to run against then Gov. Charlie Crist. The Fanjuls were furious that Crist had negotiated an option to purchase 187,000 acres owned by its cartel competitor, US Sugar Corporation. Ever since, Rubio had been an outspoken leader against any further addition by government of lands in sugarcane production. In the primary, he defended Big Sugar’s federal subsidy as a matter of “national security”.

During the early months of 2016, the “Now or Neverglades Movement”, initiated by the upstart Bullsugar.org, put pressure on Senator Negron in his home district. The movement called for the rapid addition of at least 60,000 acres of lands in sugarcane production, for the purpose of rainwater storage and treatment.

Negron, an inside player, was unhappy. A year before the rains began to fall, Everglades scientists — more than 200 — issued an urgent call for acquisition of lands controlled by Big Sugar to fix the endemic sickness of the Everglades and the mounting, rising costs to estuaries, bays and rivers being used as a toilet pipe to flush excess water, due to rainfall, out of Lake Okeechobee. Public opposition had manifested through serial protests at the South Florida Water Management District where counter-demonstrations, in favor of Big Sugar, were organized through Roger J. Stone, a Trump insider.

Now or Neverglades Declaration: “Today, Lake Okeechobee is treated as an impounding reservoir constantly at risk of overflow. To manage lake levels, too much untreated fresh water is discharged into the Caloosahatchee and St. Lucie estuaries. Consequently, the lack of fresh water flow through the Everglades makes Florida Bay, the largest contiguous seagrass meadow in the world and crown jewel of Everglades National Park and the Florida Keys, too salty. The resulting salinity imbalances in all three estuaries cause seagrass die-offs, dangerous algal blooms, multi-year ecosystem collapse and economic hardship. Florida’s $9.7 billion fishing industry (129,000 jobs), $10.4 billion boating industry (83,000 jobs) and $89.1 billion tourism industry (1.1 million jobs) need healthy estuaries."

Athough the science had been established long ago, the urgency — highlighted by regular television news and social media outbursts including the “Now Or Neverglades Movement"— was compounded by politics.



Donald Trump won Florida with a razor thin margin of 1 percent. With only 112,912 additional votes, Hillary Clinton would have taken Florida. She would have been only 9 votes short of the magic 270 in the electoral college. The point is not what might have happened -- in fact, the ties between Clinton and Big Sugar are well documented -- , but that when Negron announced he had begun a process, privately conducted and outside of public view — that involved discussion with Big Sugar interests about land acquisition in the Everglades Agricultural Area, he defused the issue as a stumbling block for Republican candidates in November.

In August 2016, Negron announced his plan to make acquistion of 60,000 acres of land from Big Sugar, using Amendment 1 dollars a top priority. Big Sugar howled like a stuck pig. Florida Crystal’s information organ, Sunshine State News, called it "politicial theater” and a “waste of time”. What happened next: Big Sugar mobilized its GOP base. But Big Sugar had put in place a public relations campaign in South Florida many months earlier, nearly as soon as the rains began to fall and Bullsugar.org emerged on Facebook with tens of thousands of followers.

From August through the November, Big Sugar doubled down, taking out full-page ads in daily newspapers from Stuart to Palm Beach. It waged jobs! jobs! jobs! arguments from North Florida to Martin County to rural enclaves south of Lake Okeechobee where poor African American and Hispanic farmworkers -- mostly Democratic voters -- were once again trotted out to lament economic harms that could come to their employers. Septic tanks were to blame or water quality from north of Lake Okeechobee: Big Sugar's fingers pointed everywhere except itself. The South Florida Water Management District, a taxing agency that funds the state portion of Everglades restoration, began sending out public announcements called “Get the Facts” that read like political flyers from Big Sugar itself.

The campaign in the summer of 2016 involved rattling as many cages as Big Sugar could identify; Big Sugar organized opposition from North Florida legislators and business leaders who like to complain that Democratic south Florida gets all the budget dollars, it linked for African American legislators "Black Lives Matter" to "Glades Lives Matter, it hired scientists to counter the Everglades Foundation hydrologists, it brought its attacks to a nasty, personal level, it recruited minor public officials and representatives of minority communities who claim concern for poor rural jobs and businesses that depend on sugarcane or else.

So there is no additional storage and treatment marshes in the new Everglades law. Lands already in public ownership were offered by the state legislature back to the public with funding for a deep lake under a new name, a new purpose, and under extraordinarily favorable terms to Big Sugar.

Announcing land acquisition would be one of his top priorities, Senator Negron clearly understood he might as well have waved a personal invitation to Big Sugar: I’m putting a target on my back, come get me. But his long standing ties to Big Sugar meant at a bare minimum, Negron knew Big Sugar would rally its GOP base and that, moreover, he would not have the last word on any legislative proposal once the dust from the November election cleared and state legislators went to work in Tallahassee.

Tuesday, December 18, 2012

Putting FPL on the spot: ... a letter you won't read every day ... by gimleteye

Ever wonder why solar power is not economically viable in Florida, the Sunshine State? Citizen Larry Nelson embarked on a quest to determine the answer through the process available to citizens through the Florida Public Service Commission that "regulates" utilities in Florida. It is a long letter but well worth the read:


December 13, 2012

Honorable Representative Michelle Rehwinkel Vasilinda
1001 The Capitol
402 South Monroe Street
Tallahassee, FL  32399-1300

Honorable Representative Mike Fasano
412 House Office Building
402 South Monroe Street
Tallahassee, FL  32399-1300

Honorable Representative Dwight Dudley
1401 The Capitol
402 South Monroe Street
Tallahassee, FL 32399-1300

Honorable Representative Daphne Campbell
1101 The Capitol
402 South Monroe Street
Tallahassee, FL 32399-1300

                                                                Re: Florida Public Service Commission

Dear Honorable Representatives:

My name is Larry Nelson and I am one of the private citizens who intervened in the current FPL rate case, Florida Public Service Commission ("FPSC") docket #120015.  My intervention was granted by order of the FPSC on July 12, 2012 and I subsequently spoke as a party at four of the ten public service hearings, specifically those held in Miami, Miami Gardens, Plantation and Pembroke Pines on August 7 & 8, 2012. I drove from Sarasota to the FPSC in Tallahassee twice, and I participated in the Pre-Hearing Conference on August 14, 2012.  I withdrew from the case on August 20, 2012, after it became clear to me that the FPSC system was hopelessly biased in favor of FPL. In all, I spent about $1300, mostly for travel expenses to the public service hearings and to Tallahassee, and I have no direct or indirect economic or other interest of any kind related to this matter except that I am an FPL customer who has rooftop photovoltaic solar panels.

The reason for my intervention was my interest in clean renewable energy, specifically the treatment of electricity generated from rooftop photovoltaic solar panels, and more generally with the Florida legislative mandate in the Florida Energy Efficiency and Conservation Act to encourage clean renewable energy.

With the renewed consideration of climate change in the wake of Superstorm Sandy, I am writing to you to request your consideration of those aspects of the existing FPSC system which serve to discourage energy production from rooftop photovoltaic solar panels.

I would also like to bring to your attention some of the absolutely shocking ways I witnessed in which the FPSC system operates to the advantage of FPL and to the disadvantage of citizens of the State of Florida.

I have two 10kw rooftop solar photovoltaic systems, one on my residence and a second on a duplex I rent as a vacation rental property. I bought these in 2011 and subsequently discovered that the excess electricity that may be generated above our own use would receive seemingly illogical and unfair treatment. This would seem to be contrary to the legislative mandate to encourage this type of energy. Since the FPSC is mandated by Florida Statutes 366.82(10) to consider utility company treatment of alternative energy in rate cases, I intervened in the FPL rate case to attempt to address the unfair and suppressive treatment of clean rooftop photovoltaic solar energy.

There are three ways that solar power produced by rooftop photovoltaic panels are treated unfairly in my opinion: