Hearing on Prop. 2 lawsuit set for today
by Matt Buxton/mbuxton@newsminer.com
Oct 03, 2011 | 3936 views | 71 71 comments | 5 5 recommendations | email to a friend | print
FAIRBANKS — A hearing is set today in the lawsuit to remove Proposition 2 from Tuesday’s ballot, a day before voters are scheduled to head to the polls.

The lawsuit, filed earlier this month by a trio of hydronic heater owners acting through a group called Responsible Wood Burners for Limited Government, claims Proposition 2 violates state law and will cause all residents of the borough to “suffer irreparable harm.”

Prop. 2, which was added to the ballot this summer, seeks to improve air quality in an area of the borough that doesn’t meet federal air quality standards, which includes Fairbanks and North Pole. It would ban hydronic heaters and coal-fired devices along with creating emissions standards for all wood burners in the non-attainment area.

Last week, the Fairbanks North Star Borough filed a response to the filing that took issue with multiple points of the lawsuit, including the timing and scope of the group’s lawsuit. Notably, it contends the lawsuit doesn’t comply with the scope of pre-election review, which is reserved for constitutional questions and questions with the initiative process.

It also argues against Responsible Wood Burners for Limited Government’s claims for “irreparable harm.”

“The borough residents, most specifically the proponents of (Proposition 2), would be irreparably harmed if (Proposition 2) were removed from the (ballot,” the borough filing states. “That is irreparable harm.”
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Woodsplitter
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October 04, 2011
« Yota99714 wrote on Monday, Oct 03 at 04:32 PM »

Thank you for the astute observation about "vote yes on prop 2" claims about people being made sick in Salcha from diesel heating oil fumes and downtown Fairbanks being passed off as wood smoke in downtown Fairbanks.

I see this stupid counter is now set to count letters not words. No wonder people drop their subscriptions to the DNM Miner. They have stopped doing what generates a lot of net traffic for their advertisers - rebuttals to the organized planting of letters to the editor.

I now have 387 characters left in including carriage returns. rudsr

pursuit_of_freedom
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October 03, 2011
I plan to vote no on proposition 2. Although we all want to breath pristine air, this is a bad proposition.

I own a wood boiler (EPA phase 2)and researched before my purchase. I invested almost $20,000 for my system not to mention installation by myself. I may have to put a little physical work into keeping warm but I can purchase wood and heat everything for about 1/3 the cost of heating oil (4400 sq foot and all domestic hot water for a family of 7).

My boiler has the capability to run on natural gas (maybe someday?) also. It can also burn as clean or cleaner than many indoor woodstoves. I am posting a youtube video contrasting my boiler and the woodstove of my neighbors to show the problem with this proposition.

Here is the link:

http://youtu.be/saxBWZncRrc

FYI. I also work in the oil industry and can assure you that heating oil to your house is not a guarantee. If the Trans-Alaska Pipeline shuts down for only a few days, supplies will be disrupted.Then how do you heat?
triproad
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October 03, 2011
I'll give up my wood when you pry it from my cold, dead hands! And that goes double for my dog.

Ad for dog; Large furry dog for sale. House broken, likes to run and play, eats anything, prefers children. $50.

Some people are very fussy. For example take my wife, please.

You might be a redneck if Jeff Foxworthy calls you up out of the blue and casually asks you what you are doing.

How many liberals does it take to screw in a light bulb? Liberals banned light bulbs.

If you had a woodchuck would you name it Chuck?

Sylvia Shults just called, it's for you.

Friends don't let friends vote for prop 2.
triproad
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October 03, 2011
Vote no on II. Problems don't get solved by just banning things. If the war on drugs has taught us anything it's that people will do what they want in spite of prohibitions. There is a company that makes very efficient indoor wood boilers and this law will ban those too. And if this law passes I will keep my outdoor boiler right where it is for everyone to see and buy an indoor hydronic heater. I will install it in the basement or the garage and the chimney will be also there for all to see. How can you tell the difference between the chimney of a wood stove and the chimney of an indoor hydronic heater? I don't think you can.

And for everybody that has a fireplace or wood stove. This new set of regulations would put you at the mercy of your least friendly neighbor.

sonofchulio
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October 03, 2011
maverickster, the self proclaimed libertarian---

I have one of those language apps on my phone also. Pretty cool.
sonofchulio
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October 03, 2011
There's another public nuisance problem that needs to be addressed in a like manner. That is the huge dog population in the borough.

I am tired of having to listen to my neighbors' dogs yapping at all hours of the day and night. What gives them the right to allow the sounds of their dogs to fill the air with unnecessary noise pollution. I say that if they can't keep the sound of their dogs on their own property then their dogs should be confiscated by the borough government.

This thoughtless activity by our neighbors not only results in inconvenience, but is a health hazard. People need their sleep. Don't even get me started on the volume of dog teams. Dog owners are as criminal as hydronic wood burners.

It is a scientific fact that dogs bite people. Yes, even children. We must ban dogs in the borough for the sake of the defenseless children.

Dogshit is a public hazard wherever one steps in the borough.

The time is now to ban dogs in the borough.

(kidding)
maverickster
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October 03, 2011
"Is bigotry not an idea or belief ?"

Oui naturellement, c'est aussi un chose mais sans logique et alors trompe.

QED.
whowatchesthewatchers
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October 03, 2011


maverickster

Your Latin is correct.



Is bigotry not an idea or belief ?
bluesriff2
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October 03, 2011
Here this is for rationalcitizen's benefit. If you are going to misinform people, at least don't do under the guise of wanting to actually solve problems.

How many Fairbanksans need this explained to them?

Alaska Royalty oil is sold to the Flint Hills Refinery on a contract. A copy of which is on the net.

"Best Interest Finding and Determination For the Sale of Alaska North Slope Royalty Oil To Flint Hills Resources Alaska, LLC" Dated Feb 12, 2004. The name is: flint_bif-1.pdf and it can be found here at http://www.dog.dnr.alaska.gov/programs/royalty/rik_sale/flint_bif.pdf

Page iii of the contract sets the wholesale royalty crude to the "RIK ANS average spot" minus some deductions and increases which amount to about $5 dollars per barrel.

Here is the exact text:

"• Price - FHR will pay a price calculated using the following formula:

ANS Spot Price – $1.55 – Tariff Allowance Quality Bank Adjustment – Line Loss

DNR forecasts the future additional royalty revenues under the proposed contract to be $0.30 per barrel or approximately $2.6 million to $8.4 million per year."

-----Currently During the month of March 2011 [1] The ANS spot price was: 115.43 the "Netback bank" aka State of Alaska profit was $109.99 per barrel. PER BARREL!!!!!!!!!!!!!

Converting to price per gallon

115.43/42 = $2.74 and 109.99/42= $2.61

The $4.00 retail price is equal to $2.74 plus refining costs and distribution costs.

FOR EXAMPLE: Using a $4 retail price minus a $2.74 wholesale price - the cost of refining and distribution is: $1.26

When gasoline or fuel oil is $4.00 per gallon the State of Alaska gets $2.74, and the refineries get $1.26 per gallon to refine it and distribute it.

The legislative investigations every time the price goes up always conclude that there are no price gouging and monopolistic practices taking place. This is true because the (State)contract HAS set the wholesale price to the spot market price.

According to the "Best Interest" finding document, the Commissioner has concluded it is in the best interest of the STATE of ALASKA for you to pay a current price of about $4.00 per gallon which sends $2.74 to the state and $1.26 for refining and distribution.

On page 3, of the Best Interest Finding and Determination Study are the stipulations that are put on pricing of gasoline and jet fuel linking the pricing between the Anchorage and Fairbanks markets.



“4. Study the use and viability of the hydrant fueling system at the Fairbanks International Airport (FIA), concentrate on promoting FIA to cargo carriers, evaluate and possibly upgrade FIA fuel distribution facilities, and charge a jet fuel customer in Fairbanks the same or lower price as FHR charges that same customer in Anchorage.

5. Maintain the wholesale truck rack prices for gasoline in Fairbanks at a price not to exceed the wholesale truck rack prices for gasoline in Anchorage.”

When the legislature and governor set the wholesale price in 2004's contract to the Alaska North Slope spot market price, it has made the state filthy rich, off of every Alaskan, when they have to buy their own oil back to heat their homes and operate their vehicles.

Call up all of our Legislators and the governor and ask them for a copy of the DNR Division of Oil and Gas spread sheet "Royalty Volume...." listed below.

[1] DNR Division of Oil and Gas "Royalty Volume sold to Flint Hills Refinery for a period from 201001 to 201103" spread sheet

Afterburner
|
October 03, 2011
People need jobs and this is a stimulus to make President O proud! We will need CCO positions (Community Compliance Officers), WFHI, (Wood Fuel Hydration Inspectors) to make sure that the wood you have placed on your property that you intend to burn that year has the WFHI Borough "Passed" stamp on each cord wood piece. Should you fail to allow them access on your property you will be visited by the CCO. Also very important to equip the CCO with all the latest spectrum analysis video recording instruments to legally prosecute recalcitrant residents. The Borough will also need legal assistant, etc, all of this means must certainly mean local jobs jobs jobs! so vote for 2 before it's 2 late!
maverickster
|
October 03, 2011
Things I Have Learned From Many Of My Conservative Blogger Friends.

The property rights of a tiny minority who do not respect their neighbor's (post-birth) right to life is paramount.

Democracy is desirable but only when the correct outcome is assured.

Anyone disagreeing with the first 2 axioms is a liberal and all liberals and everything they believe is stupid.

=====

As a Libertarian, I would refer to axiom 1 as "pro-crime" and axiom 2 as "fascism", but axiom 3 says I'm a liberal.

What a bizarro worldview.
bluesriff2
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October 03, 2011
@ rationalcitizen - don't confuse the price of crude oil with Fairbanks heating oil.

The State sets the later. They could drop the price of their RIK (royalty oil) and immediately make $4.00 heating oil sell for $1.26.

This is one immediate temporary solution that would help far more people than this smoke nazi agenda that only serves to pit neighbor against neighbor.

This would do more to help the air quality in Fairbanks, because people that do burn wood would be willing to listen to reason when they have an affordable alternative........and something is not being shoved down their throats.

I'm going to vote NO for general principle. I don't burn wood and I don't like liberals passing legislation instead of addressing the real problem.
Oh_please
|
October 03, 2011
Maybe his tubes are clogged.

It's not a dump truck, ya know.
maverickster
|
October 03, 2011
Found it instantly. No surprise that locating information is not an anti-prop 2 strong suit. Danged inter-whatcha-macallit.
the_blank
|
October 03, 2011
I'm heading out. I'll check back this evening.

See you at the polls.
LadyNYC
|
October 03, 2011
rationalcitizen, your irony is bigger than my irony; I'll defer to yours.

Oh_please
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October 03, 2011
"Your claim is false, and may be verified as false by checking the Borough's website."

I just found the Schultz's in the FNSB Property Database, the_blank.

Perhaps you entered the information wrong.

We'll wait patiently for your apology. And yours too, flattop_jr.

Man up, boys.

rationalcitizen
|
October 03, 2011
"it would be in everyone's best interest to put our collective energy into finding a way to make heating oil cheaper."

No, you'd be wasting your time. The price of oil is set on the world stage and you're wasting your energy trying to change it.

"The saddest irony is that we live in the biggest producer state, but pay the highest energy costs. And until we really address that most fundamental irony, in the end, we'll all be hosed."

The saddest irony is we let ourselves get into a position of relying on so few energy options, especially since we live in a state where energy availability is very important to survival. How many other states have only wood, and oil available to heat their homes? And frankly a few of us should have seen this problem coming...after there are a million events that can spike the price of oil, and we all know it.
aintnocanary
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October 03, 2011
The other problem is health. When you lose your health because of having to breathe this air pollution you have lost a lot, and you can not always regain the health that you have lost.
LadyNYC
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October 03, 2011
Woodsplitter, that's at the crux of the matter.

Money. Cost of living.

In a way, vote no, vote yes, we all lose out with Prop 2. We've all got the same problem - how to heat our homes affordably. For some, the problem is more urgent than for others, but none of us are off the hook.

In a way, we all lose out because here we are, fighting each other, when it would be in everyone's best interest to put our collective energy into finding a way to make heating oil cheaper.

The saddest irony is that we live in the biggest producer state, but pay the highest energy costs. And until we really address that most fundamental irony, in the end, we'll all be hosed.
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