Index to the web page below:
Nov 11, 2001 letter to Governor Davis
Letter to Gov. Davis from Lacey Carlson, picture of Lacey
Statement about Lacey (from Deborah Courtney) and Lacey in her garden
December 5, 2001 letter to Governor Davis
December 20, 2001 testimony to SMUD Board of Directors (includes references below)
          Florida Power and Light - Is Your Clock Blinking Again?
          Florida Fourth District Court of Appeal opinion (9/19/01) Brandon Levy v. FPL
          US Eleventh Circuit Court of Appeals FMPA v. FPL  see also
December 28, 2001 letter to Governor Davis
December 31 letter to Sac Bee Editor re Governor's mansion
January 10, 2002 testimony to SMUD Board of Directors "Rather light a Candle than curse the darkness"
January 17, 2002 letter in NEWS re Fossil Fuels
January 24, 2002 testimony to SMUD Board of Directors "Power, Profits and Pain"
January 24, 2002 letter in NEWS more on Fossil Fuels
January 31, 2002 letter to County Supervisor Roger Dickinson

RE: CALIFORNIA ENERGY COMMISSION RIO LINDA/ELVERTA POWER PROJECT

Dear Governor Davis:

I would like to bring to your attention the outstanding efforts of the people at the California Energy Commission--especially in light of accelerated application processes, etc. Please refer to the attached letter of commendation.

I have never written an elected official before. My vote has always been the voice I have relied on. I have never been involved in any political causes. When I heard a 560 watt power plant was proposed for our community, I thought I had better at least give some thought as to whether or not it would have any impact on our community. Prior to this my knowledge of electricity extended to locating the light switch. It's probably a good thing that I had no idea of what I was in for.

My subsequent conclusions, based on facts that are public record provided by the CEC, and research into the company's (FPL - Florida Power & Light) background and history in other states with respect to both environmental records and a pattern of litigatory issues involving employees have inspired several questions. This issue has now extended far beyond the boundaries of my backyard. If FPL builds this plant and plans subsequent expansion in our state, what type of impact will they have? Will they emulate SMUD's efficiency, conservation efforts, and "green" philosophy? Will they plant trees and partner with the community to preserve the larger public interest as their priority? Or will they encourage consumption of precious global resources for the sake of their bottom line?

If your or staff has a moment, I would respectfully ask that you pose these rhetorical questions while checking the facts. The truth always reveals itself. I would also ask that in the midst of the energy "chaos" we employ enough temperance to avoid making decisions that may result in consequences we will later regret.

Thank you for your time and consideration.

Sincerely,

Deborah Courtney

Governor Gray Davis
State Capitol
Sacramento, CA 95814

RE: FPL GROUP INC.; YOUR ACCEPTANCE OF CONTRIBUTIONS FROM FLORIDA POWER AND LIGHT AND CAITHNESS ENERGY OF NEW YORK

Dear Governor Davis:

Please refer to my previous correspondence of November 11 2001 regarding the California Energy Commission and FPL's proposed Rio Linda/Elverta power project (RLEPP). I enclosed a letter commending the CEC on their outstanding efforts to provide the public with education and an opportunity to participate in the certification process for power plants during a time when the CEC faces unprecedented pressure due to the recent energy "chaos" and the acceleration of the application process combined with the relaxation of certain regulatory standards.

I also expressed my concerns regarding FPL's ability to be an efficient and responsible energy provider to my community and our state. I asked you to please consider their poor past performance in other service areas, their record of noncompliance with environmental and regulatory standards, and their litigatory actions involving "whistleblower"/ wrongful termination suits. Unlike SMUD, and despite their purchase of wind and solar facilities, a closer look at their history reveals a total disregard for the "green" energy philosophy. In their own "sunshine" state of Florida, they discouraged development of solar generation in order to maintaine revenues that might be lost due to conservation (reference: "Who Owns The Sun," by Dan Berman and John T. O'Connor). Their only objective with regard to "green" energy is generation of legal tender, at the expense of natural resources and our nation's collective and individual health.

I recently realized that while my neighbors and I were losing sleep over FPL, you were visiting "ground zero" in New York. You also stopped by Florida to visit your elderly mother and collected $25,000 from FPL. That was in addition to the $25,000 you accepted from Caithness Energy of New York. Caithness and FPL are partners in a project under construction in Blythe, Ca. When questioned about the acceptance of these funds, you stated, "The worst of the energy crisis is behind us. My concern was in not taking money from people who were actively selling us power (at high prices) during those difficult early months of 2001. To my knowledge, neither of those companies are active players in that process." (LA Times, attached). First of all, information in the FPL Group Inc.'s SEC form 10Q (attached) indicates otherwise. The relationship between FPL, PG&E, and So. Calif. Edison is documented. "FPL Group's earning exposure relating to past due receivables from these Calif. utilities at June 20, 2001 was approx. $15 million." This was for electricity sold between 11/2000 and 3/2001. Maybe this is not your definition of an "active" player. If you had no knowledge of this, who did? Who was responsible for providing you with this crucial information?

Secondly, your political adviser, Garry South, is quoted as saying, "It is not against the law to take money from a company that does business with the state." (San Francisco Chronicle, attached). This is an interesting interpretation of FPL's relationship with the CEC and the challenges they are facing with the proposed RLEPP. FPL has not acted in good faith toward our community. They have not been forthcoming in answering our questions. They opt to ignore our requests for detailed information, or they provide constantly changing answers that are inconsistent and/or vague. They have taken the same tact with the CEC. This has resulted in the CEC imposing suspension on this project as of 9/21/01, just before your visit to FPL in Florida. This is not the normal course of action for the certification process to take.

Based on their past performance, I don't think FPL anticipated this reaction from the community of "Rio Linda" or from the CEC--the guardians at the gate of an energy hungry state. It appears they are trying to buy their way around these challenges and/or perhaps attempt to exert influence that will provide them with an advantage from any legislative or other decisions that may arise from PG&E's financial Status and plans for relief. I certainly hope they will not be allowed to engage in ex parte communication with influential officials such as the CEC Commissioners.

To accept contributions from FPL under these circumstances is, in my opinion, an affront to the values of the following individuals and groups who strive daily to honor their ideals and be guardians of our environment:

U.S. Senator James Jeffords - author of "The Clean Power Act," pending Senate bill S556.

U.S. Senator John McCain - proponent of campaign finance reform.

U.S. Congressman Doug Ose - Securer of $2.5 million for local projects that will improve the air and water quality of Northern California. State Assembly Representative Tim Leslie - Protector of our water resources, and advocate of clean, hydroelectric power Sources (Auburn Dam). State Assemblyman Dave Cox - Supporter of Ose and Leslie's objectives. California Energy Commission - their aforementioned efforts in addition to FPL project manager Lance Shaw's handling of FPL. He did the honorable thing by imposing suspension on FPL's project despite pressure and outside influences.

SMUD - Partners with our community and friends of the environment via conservation efforts and promotion of solar energy. AS we Speak, they have probably put a temporary halt on planting trees and installing Solar panels in order to repair recent Storm damage to power lines and provide us with the best possible Service. Did you realize that according to data compiled by the
Natural Resources Defense Council, SMUD is second only to Bonneville Power Administration (hydroelectic) in having the lowest environmental liability ranking of the 119 largest utility plant owners?

Natural Resources Defense Council, New York, NY -For abiding by their mission Statement to Safeguard the Earth. See enclosed letter from President John H. Adams to President George W. Bush.

Natural Resources Council of Maine - For standing up to FPL and being instrumental in forcing their partial clean up of the Wyman Station Power Plant.. FPL tried to assail their credibility with their vast resources (i.e. full page newspaper ads). Their website provides education and resources for anyone interested in protecting our environment. (www.maineenvironment.org).

Dan Berman - Co-Author of "Who Owns the Sun," the bible for the solar energy movement. Avid proponent of municipal utilities. His book praises SMUD's commitment to shade tree programs and solar energy, and, as mentioned earlier, reveals FPL's attempts to thwart the solar energy movement in Florida.

Sacramento Metro Fire District/Elverta Station - Established in the 1920’s, our volunteer unit consists of 20 dedicated community members. Though not staffed on a 24 hour basis, they have provided excellent "above and beyond" service for as long as I can remember. FPL expects them to provide service to the RLEPP, which is 1.5 miles away via a 2 lane rural road that floods nearly every winter. FPL's site is within FEMA's 100 year flood plain. FPL will house literally tons of hazardous materials such as flammable hydrogen gas, cleaning chemicals, toxic waste, and 1,500,000 gallons of water in above ground tanks or portable storage containers. FPL will have only 19 employees responsible for the oversight of 90 acres. In addition, The John Taylor Fertilizer Co. is 3000' away. If you combine the amounts and concentrations of anhydrous and aqeous ammonias stored between the two sites, it equals the potential for widespread destruction extending far beyond our little town. Whether subject to accident or intent, did we learn anything from the domestic "terrorist" plot involving Suburban Propane in Elk Grove? Of course, in case of emergency, other districts would provide back up service to Elverta FD. But to ask Elverta FD to take responsibility for the RLEPP on a daily basis is unfair and irresponsible.

Our local "STOP" Committee ("Stop the Oppressive Power Plant") Co-Chairs Jeff Culley and John Sassaman organize over 100 residents--AFTER their attempts to work WITH FPL failed--in an attempt to preserve our community and lifestyles and to hold FPL accountable to their word. They, along with their members, have worked tirelessly to seek truth while holding jobs, tending families, and dealing with everything else that comes with modern life--even in our "simple" rural burg.

Deborah Byrne - Devoted chairperson of CPAC (Community Planning and Advisory Council) who originally attempted to work in good faith with FPL. She expressed her concerns about the lack of progrees and FPL's unwillingness to work with the community as a whole--as her position would warrant. Although supported by the entire community, she was publically and unjustifiably taken to task by a local Supervisor who is perceived as promoting FPL's agenda.

Chris Chaddock and Patti Camatti - "Neighbors" of the proposed site who have put their lives on hold for over a year to educate us and encourage our participation. "It's Not A Done Deal," as FPL would want us to believe has been their mantra, echoed by the "STOP" committee, and other who have taken the time to do their homework. I can only imagine the amount of time and money they have invested in becoming "resident" experts on everything from complex zoning ordinances to the specific effects of particulate matter relative to micron size.

Jay O'Brien - Our "webmaster" via the Rio Linda/Elverta website he created and maintains. The time and data devoted to RLEPP and FPL are overwhelming, Address: www.obri.net (He requests I disclose that information is subject to change).

All other community residents too numerous to name who've taken time away from their lives and families in our quest for information. When our own elected officials can't decipher the energy "chaos," how can we
be expected to "volunteer" our limited time and resources making futile attempts to communicate with an uncooperative company? Again, with respect to the CEC, without their open relationship with us, all would seem lost.

Even some members of our Sacramento County Board of Supervisors upheld our values. Despite approval of controversial zoning, they agreed to withhold endorsement of RLEPP's consistency with the "general community plan" pending completion of the CEC's environmental study. This was in spite of pressure from FPL and their colleague, our local Supervisor who appears to be promoting FPL while telling his constituents that he has not yet made up his mind. FPL filed their application with the CEC on 1/31/01. Pressure was also applied by non local union labor contractors who will benefit from the $365 million 20 month construction project with 400 jobs. The Elverta School District and Rio Linda/Elverta Parks and Recreation Dist. (oversees after school programs at the Elverta campus) were lured by annual estimated property tax revenues of $292,469 and $159,837 respectively, in addition to the new buses FPL has to provide to meet environmental standards, and whatever other promiess
FPL has made. In my conversation with FPL project manager Tim Rossknecht in November, he admitted negotiating with a "couple of groups, probably the school and parks and rec," while stating that due to our community's attitude we had been unwilling to work with them and that they (FPL) would have to decide our priorities for us. Deborah Byrne and the "STOP" committee could provide better reflection on this statment than I can. It is my belief that Elverta Elementary and RL/Elverta Parks/Rec were approached because Elverta School resides in what FPL has identifies as the major impact areas for both cancer and chronic health hazards. The location of the school was not disclosed on the map required by the CEC siting the locations of "sensitive receptors"--schools, day care, elder care, hospitals, etc--those individuals particularly susceptible to compromised health. FPL was able to locate the school for the community open house they held there, and remembered them in their data in regard to property tax revenues.

Furthermore, I feel you have added "insult to injury" to everyone who has suffered injury at the hands of FPL and their policies. To go into detail would entail writing a book. Anyone with basic knowledge of the internet can easily access and comprehend the impacts to FPL's employees involving both safety concerns and "whistleblower"/wrongful termination suits, civil liability action, suits by plaintiffs such as Florida Municipal Power Agency, and numerous EPA actions. Each one on its face may appear to be the "cost of doing business," but combined, are ALL these plaintiffs wrong? Residents of rural areas such as Addison, WI, and Limerick Township, PA, have faced the same circumstances we have found our community in. Rural residents of Southern Florida experience frequent power outages (in one documented instance, 21 outages in 10 days) due to what they feel in seemingly the result of FPL's poor maintenance of lines and equipment. This is interesting as there is some question as to whether our current substation and equipment can handle all the proposed projects due to come on line.

A good case in point is the story of Wyman Station Power Plant in, Yarmouth, Maine. This already enormous source of pollutants was purchased from Central Maine Power by FPL in April 1999. A total increase of 1302 tons of emissions, or 45%, occurred during FPL's first year of operation. The Maine Board of Environmental Protection finally succeeded in requiring Wyman to clean up its NOx, but particulate soot and other pollutants are still being addressed. According to Harvard school of Public Health, over 400,000 people living within 30 miles of the plant are at risk.Area doctors state that residents don't always realize it's air pollution that's making them ill. When this was brought up at the 11/20/01 Board of Supervisors meeting, FPL project manager Tim Rossknecht claimed this was an unfair comparison as he was "95% sure that (Wyman) is a very old oil-fired plant, not gas-fired, in fact that plant is exactly the kind of plant that this plant will ultimately replace and that power producers around the country are replacing those kind of plants with this kind of plant to increase efficiency and bring down pollution." Mr. Rossknecht might want to become more familiar with his own projects. If indeed, this is the type of plant that warrants replacement, why isn't FPL replacing it before building new projects? And, maybe it is an "apples to oranges" comparison, but all fruit comes from the same orchard when harvesting credibility.

Finally, this is the ultimate insult to California ratepayers who have paid exorbitant rates for energy only to add to utilitie's windfall profits. These profits often find their way back into the "war chests" of those individuals who created the situation and provided unfair advantage for these utilities in the first place. Shouldn't we at least have a choice when it comes to whose personal enrichment we contribute to? Lastly, your actions could have a definite undisputable effect on Lacey, who has preexisting respiratory distress, and the 250 students at Elverta Elementary School, who will "live and play" daily in the maximum hazard impact areas for both cancer and chronic health risks. Every single Elverta/Rio Linda citizen will be affected to some extent. Who's going to take responsibility for our losses? Lacey couldn't even stay in Los Angeles with her family when her brother was on tour in an off Broadway play due to the poor air quality there. Who's going to relocate Lacey and her family when she can no longer breathe her own air? Eventually, will there be any place left to go?

Please do not ask our community, or any other community, to exchange our chosen rural lifestyles for the interest of the "greater good," or at least define "greater good." If FPL is allowed to construct this plant, you are asking us to live with property devaluation (up to 40% according to FPL's own lawyer), depletion of water resources, poor air quality, security concerns, etc. We will be sacrificing our lifestyles so that the state may go into the energy business and allow FPL to use our resources and sell the "merchant" energy to the highest bidder, whoever and wherever they are. It is unjust that we will be burdened with a disproportionate amount of environmental impact. "Air credit trading" will only succeed in shifting pollution from another area to ours. Our county is already home to some of the worst pollution in the nation. Combine. that with the "bowl" effect of the valley and its climate conditions, and the fact that our community, particularly the area in which Elverta School resides and west toward the airport, have some of the worst hanging fog banks in the region. Auto emissions are increasing daily due to urban sprawl in surrounding areas that use our roads for freeway access. Would you like to move here? Even Rush Limbaugh, with his passion and obsession for Rio Linda, chose to relocate. Please do not sell the ground--and air and water--out from under our children for the sake of greed. Even the prospect of rising utility rates is preferable to the alternative. Rate hikes motivate public action and subsequent solutions. Environmental deterioration is a more subtle and gradual disaster in the making that has no such method of relief and is often not evident until it's too late. No amount of money can buy back our precious air and water resources. Without these resources, we no longer have any need for additional power.

To borrow from John Donne, "no community is an island." What impacts us will create ripples throughout the region just as a stone cast upon water. The consequences could be monumental considering the fact that our circumstances are being replicated in rural areas all across the country.

You have been quoted as saying that within 3 years we will have a 15% surplus of power. Let's be more selective in choosing the providers to whom we are not only entrusting with these crucial services, but also the long term health of our environment. Let's reward utilities such as SMUD. Utilities we have no prior experience with should be subject to a background check and their entry into our market should be contingent on an efficient, reputable, and clean history. If their history reveals otherwise, they should be legally compelled to clean up what they have before being allowed to propose new projects. Any other type of business would be held accountable in this fashion to some degree.

Please do not misconstrue this as a personal attack. I am merely asking you to account for your actions, and to consider the ramifications of your choices. Please take the opportunity to clarify your position and justify your actions. I would like to know what motivates you and what benefits you feel projects such as these will provide to our state. We chose you to protect our health, welfare, and safety. Honor the oath you took to serve and represent the people of California.

In conclusion, and in light of current circumstances, Lacey and I respectfully request that your return any contributions you have received from Caithness Energy and FPL. Until this situation is clarified, we also ask that you return and/or do not accept contributions from any of FPL Group's holdings including, but not limited to, the subsidiaries of FPL and their subsidiaries, FPL's joint ownership ventures, interests,' investments in joint ventures, their contractees, and franchisees. These include, but are not limited to; Florida Power and Light; FPL Energy LLC; FPL FiberNet LLC; FPL Group Capital, Inc; Bay Loan and Investment Bank, RI; Palms Insurance Co., Cayman Islands; EMT (Energy Marketing and Trading); PMI (FPL Energy Power Marketing Inc.); Transco; GridFlorida; Florida Power Co.; Tampa Electric Co.; The Southern Co.; Georgia Power Co.; Central Maine Power Co.; Lamar Power Partners; St. John's River Power Park; Luz Solar Partners Ltd. VII & IX; and all of FPL's currently operating or pending projects in California, Florida, Georgia, Iowa, Massachusetts, Maine, Minnesota, Oregon, Pennsylvania, Rhode Island, Texas, Washington, and Wisconsin. Even FPL Sacramento Power LLC.

To do anything less would be unethical, immoral, and unacceptable. Sincerely,

/s/

Deborah Courtney
Rio Linda/Elverta Resident
(916) 548-4884

My name’s Deborah Courtney, and I’m a resident of Elverta. And I’d like to thank you for giving me the opportunity to address my concerns.

I was raised on and spoiled by SMUD. I’m appealing to you today to please preserve and protect your excellent service, reputation and relationship with our community, and the environment that we share.

FPL has proposed a 560 megawatt gas fired plant for my neighborhood. Prior to hearing their presentation, I never knew an entirely different world of energy generation existed. Thanks to SMUD, the most complex energy issue I'd ever had to deal with was the dimmer switch. After hearing FPL, I began to research exactly who it was that wanted to move into my neighborhood, expand in our state, and use our resources to generate energy. Project manager Tim Rossknecht stated they are proposing selling peaker power to you. Please consider who you are partnering with and how this will impact us.

How well do you know FPL? The Levys of Florida are well acquainted. Their 12-year-old son Brandon was killed when a traffic light powered by FPL malfunctioned and Brandon was hit by an unaware driver. Brandon died of blunt force trauma to the head.

Yes, this was an unfortunate incident. Was it unforeseen? I recall the discussions about safety issues when faced with recent potential for blackouts. After recent storm damage, SMUD was repairing equipment as fast as they could. If Brandon had died in SMUD's district, I would consider it a tragic accident.

Instead, I shed tears over a senseless tragedy that should have been prevented. FPL has a documented history of frequent outages in this area that residents feel is caused by poor maintenance. One customer recorded 21 outages in ten days. Florida Municipal Power Agency, SMUD's counterpart, sued FPL for lack of compliance with agreements over FPL's handling of transmission via shared equipment. I understand FPL is finally beginning to cooperate--after a judgment of over one hundred million dollars against them. In the Levy's suit against FPL, the court basically ruled that a utility cannot bear this burden.

FPL's negligence in this instance is not isolated. Research their record with regard to noncompliance with environmental and regulatory standards, employee and civil liability litigation, safety issues, and use of contributions to influence officials. Compare it with SMUD's. Knowing how conscientious you are as guardians of the public health and safety, how would you feel if you had known and loved Brandon?

This may appear to be an extreme, worst case scenario. I appeal to you to use the same expertise and resources you've used for so many years to evaluate the facts. Do not let the promise of short term gains lead to long term consequences. I know I'm just an average rural resident and you're esteemed officials chosen to hold positions of responsibility. But we all share the same air and water. Our children will inherit our environmental legacy. The decisions we make today will impact all of them for better or for worse. The choice is yours.

Thank you.

And please, say a prayer for Brandon tonight.

SMUD Board President Larry Carr responds: Ms. Courtney, we really appreciate you coming down and putting this together. We spoke on the phone the other night, and I asked Ms. Courtney if she would come down and present to the Board what she presented to me telephonically. And I explained to her also it wasn’t our decision about whether or not Florida Light and Power built a plant but as members of the community, as sort of the experts in the energy field for our County, all of us have an obligation to look at everything that’s going on. Not just what we’re doing but everything that’s going on all around us. We have that external focus. And Ms. Courtney promised that she’s going to be back. This is not the last that we hear this. Thank you very much.

The following references were printed and handed to the SMUD Board by Deborah Courtney:
Florida Power and Light - Is Your Clock Blinking Again?
Florida Fourth District Court of Appeal opinion (9/19/01) Brandon Levy v. FPL
US Eleventh Circuit Court of Appeals FMPA v. FPL  see also

Governor Gray Davis
State Capitol
Sacramento, CA 95814

RE: "Connecting The Dots" (FPL and the Rio Linda/Elverta Power Project)
        Your Office's Response to Marcey Brightwell, KXTV News 10, 12/18/01
        My Previous Correspondence of 12/5/01

Dear Governor Davis:

In my previous correspondence of 12/5/01, I related our community's concerns regarding your acceptance of $25,000 from FPL and $25,000 from Caithness Energy. Since that time, it was also revealed that you accepted an additional $10,000 from David Boies, a lobbyist for FPL (Sacramento Bee, Dan Weintraub, 12/16/01). If you recall, I stated that FPL's proposed power project for our community was placed on suspension by the CEC immediately prior to your visit to FPL in Florida. We have valid concerns that FPL is trying to use their deep pockets to wield influence and buy their way around the many obstacles the RLEPP is faced with.

On 12/18/01, KXTV's Marcey Brightwell did a report on our plight. Your campaign spokesperson, Roger Salazar, denied any connection and gave this reply to her concerns: "I don't think anything can be further from the truth. I think people are trying to connect the dots where there aren't any here."

Based on his response, I decided to do further research to determine if I was, indeed, guilty of misinterpreting the facts or simply projecting my feelings on a situation that didn't really exist. I took a tour of the Secretary of State's Political Reform Division and the campaign contribution records. I also visited the adjoining "museum" that houses the archives for previous contributions. I went back to 1/01/95, and I admit it was taxing and my eyes grew weary from manually examining literally thousands of pages of lists of contributors-especially the year you ran for Governor. So please, if I inadventently missed something in my research, let me know so I may amend any inaccuracies in my findings.

October, November, and December of 2001 were not yet available for public review. The period I am referring to dates from 1/01/95 through 9/30/01. I found a grand total of $1000. donated by FPL on 7/28/2000 (see attached). I found no other contributions from FPL, any of their subsidiaries that I am aware of, Caithness Energy, or David Boies. Why have they suddenly decided to start contributing now? Does your office expect us to believe that the timing of these contributions totaling $60,000 relative to the timing of their problems with RLEPP is purely coincidental? I'm sorry, Governor Davis, but I cannot buy that line of reasoning.

While researching FPL's contributions, I received quite an education on the role contributions play in passing legislation and making policy decisions. I was stunned by the amount of money contributed to you by utilities and related industries. In addition to the amount given by these interests to lobbyists, and considering they also make these contributions to many others, it is no wonder our utility bills are so high. I can understand how "swearing off" receipt of contributions from these sources could severely impact your campaign budget.

Lobbyist's activities provided further enlightenment to the process I previously had little awareness of. FPL, for instance, paid $126,110 to 3 separate lobbying firms between 1/01/01 and 9/30/01. $92,060 went to Hyde, Miller, Owen, & Trost-the firm Mr. Phil Isenberg, the former Mayor of Sacramento, works for. FPL is their biggest client. The other curious element in this process, to me, is the clients FPL shares lobbyists with. In the case of John V. White Associates, they include the Sierra Club and the Natural Resources Defense Council-groups that would normally oppose FPL, based on information on the NRDC's own website specific to FPL and in accordance with their mission statement. Hyde, Miller, et al. also represents PG&E, who, as documented in my previous correspondence, owes FPL $15 million (along with So. Cal Edison). In any other business, such as a law firm retaining these interests, this would represent a conflict of interests. I guess I need to learn more about the lobbying industry. However, I now understand what Senator John McCain is referring to when he talks about the "Iron Triangle." Others may simply see it as a "Gold Mine."

I apologize for digressing from the original topic-I tend to be good at that. I invite you to please take the opportunity to explain your actions and clarify your spokesperson's comments. We "connected the dots" because they are the only ones there are to connect. What is the truth? Which dots do you want us to connect?

Furthermore, I am a realist and understand contributions, "deal making," and compromise to resolve diverse opinions are all part of our system. But there is a definite line. As with most principles, what can be employed for the benefit of all involved can be used to the opposite extreme for the benefit of one party and the detriment of others. When this course of action is taken solely for one's personal gain with no regard for what's right or fair, and when the resulting consequences will actually hurt others and has the potential to kill, I'm sorry Governor Davis, and with all due respect-that's WRONG.

Thank you for your time and consideration. Once again, I await your response in hopes it will guide me to possibly reevaluate my findings and amend my conclusions.

Sincerely,

/s/

Deborah Courtney
P.O. Box 742
Elverta, CA 95626

C: Marcey Brightwell, KXTV; Daniel Weintraub, Sacramento Bee; Senator John McCain; Senator James Jeffords; Congressman Doug Ose; Assemblyman Tim Leslie; Assemblyman Dave Cox; Congressman John Doolittle; Secretary of State Bill Jones; Tom Duhain, KCRA; NRDC, John H. Adams, President; Larry Carr, SMUD Chair; Sac Co.Board of Supervisors; Lynda Glenhill, Mark Martin, SF Chronicle; Deborah Circelli, Palm Beach Post; Carol Batchlor, KSRO Radio; Tim Moran, Modesto Bee; Jeff Culley, "STOP"; Jay O'Brien (www.obri.net).

Attachment:

Letters to the editor

(Published December 31, 2001)

West Sacramento mansion

Gov. Gray Davis' coup de grace will be to build a mansion the next governor will live in. Who will inherit "The House That Gray Built?" His estate comes furnished with a "state of chaos" energy system, a toxic environment, dissatisfied civil servants, schools in shambles, a crumbling overused and underserved infrastructure, and a severe budget shortfall where a surplus once stood.

The only thing Davis will take with him is his gargantuan war chest -- the centerpiece of his creation. Who will inherit his legacy? It has been bestowed on every citizen and taxpayer in California.

-- Deborah Courtney, Elverta

Link to the letters (it is the next-to-last letter):
http://www.sacbee.com/content/opinion/story/1397313p-1471335c.html

Good evening. Thank you for giving me a moment of your time and indulging me once again.

As promised, I wish to express my gratitude for everything I've always taken for granted. Incidentally, in the last 3 months, in my quest to learn more about energy generation, I've spoken with countless people in other parts of the county. And they're envious when I describe the system we have. You'd think I was telling them about sliced bread for the first time.

Thank you for being dedicated to preserving our little corner of the global environment via your endeavors including:

Education on conservation in order to help us keep rates down and, more importantly, protect our precious natural resources with programs such as peak corp and greenergy. And I wanted to ask Director Keat, being SMUD's resident bibliophile and wordsmith, to see to it that "greenergy" is included in the next edition of the American Heritage Dictionary and no longer activates my spell check.

Encouraging recycling, such as your recent Christmas tree recycling program and for planting trees to recycle the air.

Your solar efforts. I understand there's now a waiting list for the sun!

Your safety record. When one worker died recently in a tragic accident, concern was widespread. This is in part because of your reputation and your past history. We're not accustomed to SMUD being involved in any way in harming anybody to any degree.

Your commitment to 24 hour/7 day a week response to outages or any possible problem that might arise.

Your charity work in the community that you do generously and from the heart, not for self aggrandizement or promotion. Most people aren't even aware of the efforts that you make. Thank you for remembering charity does begin at home. Your customer service and billing. I've been a customer of SMUD since the 50's. Not a single error on a bill. Lately you've even given us information about your scheduling so my big ferocious puppy won't smother your meter reader to death with kisses and affection.

Your rates. 10 years, no changes. During the cost hikes due to deregulation, you had no choice but to increase rates to keep up. Again, we take things for granted and it caused an unfair reflection on SMUD. You would have been better off in the eyes of others to raise rates yearly whether it was warranted or not. Instead, you've always chosen to base rates on costs, not profit margins.

Just generating energy. No other subsidiaries or ventures. Protecting your investors, and that's us. See "Enron" for details.

Adhering to and respecting environmental and regulatory standards. I have no knowledge of fines ever being levied against SMUD, or SMUD bringing suit against the EPA, or vice versa.

Employee relations. Again, no knowledge of "whistleblower" actions, wrongful termination, or civil liability suits. I've never heard a bad word from anyone that's ever worked for SMUD.

And, lastly, your commitment to building safe, efficient facilities using only the best technology, choosing appropriate sites, and listening to resident's concerns. It is my understanding that regardless of the issues, Rancho Seco Nuclear was closed in large part because of the community concerns. If you were proposing a project for Elverta, I would not be here tonight. I didn't oppose the cogeneration project proposed by SEPCO years ago, and I wouldn't feel uncomfortable if I lived in Hanford. [Please note: Hanford should have been Herald]

So, please continue to honor your own ideals. Maintain your values. If so inclined, join me in defending the environment you have been such a fine steward of for so long.

And, thanks to SMUD, shedding light on anything has always been as simple as flipping the switch. When it comes to seeking truth, I would, as they say, "Rather light a candle than curse the darkness." And I've been striking a lot of matches lately. I'll continue to enlighten you at future meetings.

So, thank you, and I'll see you on the 24th.

TO: ALL RIO LINDA/ELVERTA RESIDENTS

Our recent involvement with FPL has inspired me to consider conservation and preservation of our lifestyles not only with regard to our community, but also globally. Please consider the ramifications of our nation's current relationship with fossil fuels (oil and natural gas).

What energy source is the biggest threat to our air and water resources, and the individual and collective health of our community, nation, and world? Fossil fuels.

What fuels our volatile relationship with the Middle East? What do we have a desperate need of and obsession for that they possess, thereby giving them control of our needs and fostering a codependent relationship between two culturally opposite countries? Fossil fuels.

What has the potential to alienate other world allies due to our excessive use and depletion of more than our share of the world's global resources and subsequent ozone depletion/global warming? Fossil fuels.

What does the maintenance of many of many powerful people's extravagant lifestyles rely on? Whether or not you agree with our current administration, how did President Bush and Vice President Cheney finance their way to the top? Fossil fuels.

What generates enormous profits that allow energy generators to hire the best lobbyists and contribute to the campaigns of the most powerful in order to purchase favor, influence legislation, create an uneven playing field for competition, and drown out the voice of environmental reason? Fossil fuels.

Why haven't alternative energy sources such as hydroelectric, solar, wind, and fuel cell vehicles been more widely developed and used efficiently? Whose interests would be threatened by this technology? What are those interests defending? Fossil fuels.

What energy source is in limited supply unlike the aforementioned renewable alternative energy sources? Fossil fuels.

Why have we paid exorbitant rates during the recent energy crisis and "black out" paranoia only to have those revenues line the pockets of energy generators and their allies? Fossil fuels.

What speculators are currently planning to fallow some of the richest farmland in the world in order to use their water? How many people does 560 acres of rice feed? How many more acres will they use if they build and expand? What do the generators who are benefiting from taking food off the world's table profiting from? Fossil fuels.

Why are we currently being asked to sacrifice our chosen lifestyles? Why will we bear a disproportionate amount of environmental impact? Why will our health and that of our children be compromised? Why will we suffer substantial losses due to property devaluation on the homes many have worked so hard to build and maintain? What brings such enormous profits that a company such as FPL has no regard for the rights of anyone or anything other than their own bottom line? Fossil fuels.

In light of current events, I often wonder which toxic relationship will ultimately bring the most destruction--the one we share with our own environment or our dangerous liaisons with the Middle East. Again, the common denominator--fossil fuels.

You may, of course, choose to disagree with me. If you agree, and care to make a difference, you can. Address the global concerns via our local concerns. Defend our values by voicing your opposition to FPL. They and their peers must be held accountable. Their revenues of $6.64 billion from 1/01-9/01/01 attest to their involvement. They are a holding company and do have other interests besides oil and gas generated energy, but what finances these interests? Fossil fuels. Do not allow them to increase their profits by destroying our lifestyles, depleting our resources and leaving us with the environmental impact. They are not here to benefit our community. Regardless of what they would like us to believe, they are a "merchant" utility. They will sell their energy to the highest bidder, anywhere in the U.S. that they can send it to. Our loss will be their gain. The only way we or neighboring communities would get their energy is if we are in the unfortunate position of being that highest bidder.

Write or call your State Assemblyperson, Congressperson or Senator today. Their names and addresses are in the front of the Yellow Pages or on the web at www.congress.gov. Ask Senators Boxer and Feinstein to support the "Clean Power Act" (S-556) now in the Senate. This strengthens regulatory standards that utilities such as FPL must abide by. If you don't feel you can write an effective letter, highlight any points of this letter you are in agreement with and send it.

Thank you for your time and attention. Remember, without clean air and water, we have need for little else.

Sincerely,

Deborah Courtney

I'm Deborah Courtney of Elverta. Good morning, and I'd like to introduce you to the Elverta Elementary School class of 1969.  This is my alma mater.  They provided me with a great education and encouraged my love of reading, and at this time I'm really concerned about the nurturing environment that 250 children rely on.  I'm concerned it's in jeopardy.

Elverta School lies in and near the areas FPL has identified as the maximum impact areas for both cancer and major chronic health hazards.  Today I'm appealing to you not only as concerned citizens, but also as experts with technical knowledge to access the facts and decide if my concerns are valid.  The handout I've given you addresses this issue.

Please refer to the map that FPL submitted with their project showing all sensitive receptors within 3 miles of their project. Sensitive receptors are schools, day and elder care facilities, and hospitals-anywhere residents are that might be more susceptible to health risks. FPL did not include Elverta School on their map.  An oversight?  When questioned by a reporter, FPL said they had an old map.  Lincoln School, now known as Elverta School, was founded in 1855. FPL did acknowledge the school in their application regarding estimated annual property tax revenues of $292,000. They held a community open house there, and project manager Tim Rossknecht said they worked on negotiating benefits with the school. Yesterday I found out they have a foundation set up for young scholars with FPL as a sponsor. Does FPL's omission of the school as a sensitive receptor say more about their competency, or creditability?

Memories of the "good old days" at Elverta School recall a time when corporations were happy with single digit profit margins and books balanced in harmony with the greater good.  Today it seems double digit profits are expected, at any cost.  And ironically, and I mention Enron again this week, shareholders that expect these double digit returns are often the ones that are left holding the bag.  Financial loss is one thing, but the loss of health, life, clean air and water is another-it can't be regained.  I find it incredibly sad that a company that will make huge profits for at leas the next 30 years, won't make the initial investment to site this project appropriately.  How many billion dollars is enough for FPL?  It is my understanding that based upon our rapidly growing population, the amount of potential projects due to come on line, and a current system near capacity, that new transmission lines will eventually be necessary.  If FPL wants to expand, let them be responsible for building them.  Then they can site this project more appropriately with respect to both population and climate. FPL's siting practices across the country and my speculation of their reasoning is another comment for another time.  But the next 30 years could bring FPL's gain and my community's pain and heartbreak. As for technology, FPL has a documented record of paying fines and a preference for litigation rather than investing in better technology or cleaning up.  And sharing equipment? You've already seen Florida's experience with FPL. Why would FPL rather pay more to lawyers than invest in the environment?

That's a rhetorical question that you can probably answer better than I can.

Yes, I live by the school, so this is personal to me, and it's heartbreaking. I've previously said, I can move, but I can't take 250 children, who have no say  in their fate, along with me. If FPL's air modeling methodology is flawed, what about the other schools in the area? How many children could possibly be affected? This is one of the worst areas in the region for infamous fog banks that hang over the school for days on end. Smog is smoke plus fog. I find it ironic that the fog that blankets the area will probably hide the plume rising from FPL's 150' towers. What's disguised in the form of this visual relief? Can anyone truly quantify the needless risks posed to our community and our children?  Not just for known carcinogens, but also for particulate matter, especially in an area known for allergies, asthma, and an increasing amount of bad air days.

So I hope no one will be fooled by FPL's promises of hazy sunshine. Let's not let their fog cloud our good judgment. See the fog for what it truly is. The only community that will benefit from our pain will be Juno Beach, Florida.

Thank you very much.

RE: Fossil Fuels, Clean Power Act, SMUD vs. FPL

Thank you for publishing my thoughts about fossil fuels. There is one important point I failed to include in my letter.

I am in no way opposed to the use of fossil fuels when used responsibly they are an integral part of energy generation. When natural gas is in the hands of responsible generators who invest in and maintain only the best technology, I am satisfied. I am ecstatic when natural gas, solar, wind, and other clean alternatives are used together to mutually support each other--resulting in efficient energy, a healthier environment, and conservation of natural resources, reducing our reliance and dependence on limited oil reserves, including foreign oil. SMUD has devoted themselves to this philosophy to build a system that is unparalleled in serving our district efficiently, and SMUD continues to commit themselves to building on their success.

In a 1995 report from the Natural Resources Defense Council ranking the 119 largest utility power plant owners with respect to environmental liability, SMUD was ranked 2nd only to Bonneville Power (hydroelectric). Obviously a 7-year-old report doesn't necessarily reflect all the rapid changes that have taken place in the field of energy generation, such as mergers, acquisitions, and the results of deregulation in many states. However, I would wager that SMUD has maintained their high standards.

With regard to the "Clean Power Act of 2001," the following excerpt is from a letter that appeared in the 1/20/02 edition of the Palm Beach Post written by James H. Sugarman, CEO, American Lung Association of Southeast Florida: "As Congress and the President debate national energy policy in the upcoming session, Florida's Senators, Bob Graham and Bill Nelson, should put their support behind a smarter, clean energy future by supporting the Clean Power Act of 2001. This legislation would reduce dramatically the air pollution from the nation's oldest and dirtiest power plants, including the Riviera Beach power plant operated by Florida Power & Light Co."

(For the letter in its entirety: www.gopbi.com/ partners /pbpost/epaper/ editions, 1/20/02)

To my knowledge, the Clean Power Act will have no bearing on SMUD, they have been proponents via the example they have set for years. I feel SMUD deserves a pat on the back for all they have provided us with that we sometimes take for granted. Please support our friends at SMUD who have been such good neighbors to both the local and global community. At best, FPL is an unknown entity, and what we do know about them from our relationship with them so far does not bode well for their willingness to be either competent, responsible providers or good neighbors. Any complaints anyone may have about SMUD will pale in comparison to what may lie ahead in a future involving FPL.

I hope our future never brings a day when we look back and long for the good old days when we had SMUD to take care of us.

Thank you for giving me the opportunity to clarify my position.

Sincerely, Debbie Courtney

Dear Supervisor Dickinson

For the better part of 2001, my fellow community members have been appealing to you to listen to their concerns regarding FPL. I feel their questions and requests to know where you stand have been left unanswered, or answered in a manner that is not clear to many of them.

In talking to others, they have expressed that they do not wish to attack you on a personal basis, nor do they desire to become involved in "politics." I feel this is very generous' on their part. Though I hope my own actions or words are never misinterpreted as a personal attack, when I feel the health and lives of those I love are threatened, it becomes, personal to me. Furthermore, when a corporation the size of FPL becomes involved in a process that relies on the decisions of elected officials, I feel politics is involved. I respect and understand that others feel differently.

Supervisor Dickinson; I accept the fact that you and I are polar opposites in our world view. I respect your, right to your opinion, but you and I will never engage in any meaningful discourse regarding this issue because my views as a conservationist and my definition of the greater public interest differ from yours by 180 degrees. I have chosen to appeal to like minds in the interest of our valuable time, while my neighbors have chosen a different approach.

Based on our differences, I do not expect a response from you. I do, however, feel that as an elected official, you have an obligation to respond to your constituents--all of them--whether it's Preston Robinson or Jay O'Brien. I feel they deserve to know where you stand. It is then their responsibility to decide if your words hold truth. If I have misunderstood your apparent lack of response, I apologize, and respectfully request that you clarify your position for those wondering where you stand. Simply put, do you want FPL's power plant in Elverta/Rio Linda?

Sincerely,
Deborah Courtney