Our Mission

The Protect Our Communities Foundation defends communities and nature in San Diego County, Imperial County, and Northern Baja California from harmful energy projects and advances better energy solutions through advocacy and law.

Support POC

 
The Protect Our Communities Foundation is a 501(c)(3) non-profit corporation. Donations are tax deductible as allowed by law.

POC Goes to CA Supreme Court to Stop Boondoggle Power Plant

POC has petitioned the California Supreme Court to review a California Public Utilities Commission (CPUC) decision that approved the $1.6 billion Pio Pico natural gas power plant. The CPUC had previously rejected the project.

Read POC’s legal petition here.

You Can Help Protect Eagles

You can help protect eagles from the proposed Tule Wind farm!

The California State Lands Commission has not yet voted whether to lease state land to the project. Please consider writing to them and asking them to vote “No” on a Tule Wind lease.

Please write to

Jennifer Lucchesi
Executive Officer
California State Lands Commission
100 Howe Avenue, Suite 100 South
Sacramento CA 95825-8202
Jennifer.Lucchesi@slc.ca.gov

Read more about the project’s risks to eagles here.

We don’t have to choose between eagles and clean energy. Rooftop solar and energy efficiency are better options.

POC Sues to Protect Eagles at Proposed Tule Wind Farm

Last week POC and two backcountry landowners sued the federal government in order to protect Golden Eagles at phase II of the proposed Tule Wind farm. You can read news articles about the lawsuit here here here and here.

Yesterday POC filed its opening brief in its appeal of a court decision that upheld the federal government’s approval of phase I of the proposed Tule Wind project. POC’s appeal concerns the impacts the project would have on migratory birds.

In August 2014, the U.S. Fish and Wildlife Service rejected the developer’s application for a 30-year eagle take permit covering just phase II of the project. The Service told the applicant that the entire project, not just Phase II, is considered high risk to eagles. It instructed the developer to resubmit its application, this time covering the entire project, and asked for more eagle data. In addition, the Service asked again to have the turbine layout redesigned or the project moved to another location, due to the high risk to Golden Eagles.

In 2014, attorneys for POC sent the government three letters explaining POC’s concerns. These letters contain dozens of documents obtained through the Freedom of Information Act that show that wildlife agencies repeatedly raised red flags about eagles at the site. You can read them here here and here.

You can help protect eagles from the proposed Tule Wind project.

We don’t have to choose between eagles and renewable energy. San Diego is blessed with sunshine and has hundreds of thousands of rooftops that can host solar panels, as well as many homes and businesses that can be retrofitted to become more energy efficient.

POC Lawsuit Stalls Pio Pico Gas Plant

POC’s appeal of the California Public Utilities Commission’s decision to approve the Pio Pico natural gas power plant has stopped the power plant’s construction, at least for now.

POC Appeals Pio Pico Power Plant Decision

On July 28, 2014, The Protect Our Communities Foundation (POC) filed a petition in state appellate court in San Diego, challenging the California Public Utilities Commission’s (CPUC) approval of the Pio Pico Energy Center, a proposed $1.6 billion natural gas power plant.

The petition shows that the CPUC violated California state law when it approved the Pio Pico power plant in 2013, by failing to carry out its duty to protect SDG&E customers from unnecessary and expensive power company boondoggles. The CPUC barred testimony showing there was no need for Pio Pico and refused to consider any alternatives to the gas plant.

A key dispute was the fact that the CPUC assumed the $2 billion Sunrise Powerlink, a project opposed by many San Diegans that came online in 2012, would fail when needed most. As a result, says the CPUC, more gas-fired generation is necessary – to cover for the loss of the Sunrise Powerlink. That line was sold by SDG&E and the CPUC to the San Diego public in 2008 as the backbone of grid reliability for the local area.

POC is represented in the lawsuit by Degani Law Offices, an appellate law firm based in Los Angeles.

POC supports clean energy alternatives to Pio Pico, including rooftop solar and energy efficiency.

POC Speaks up for Eagles

The Protect Our Communities Foundation was joined by national conservation groups last week when it expressed outrage over the U.S. Fish and Wildlife Service’s decision to offer 30-year eagle take permits.

POC’s concerns appeared in stories on KPBS Radio, the National Review, the Daily Caller, and KCET.org.

As POC board member Bill Powers explained, putting San Diego’s eagles at risk is unnecessary: “This rule change isn’t needed because we don’t have to choose between protecting eagles and developing clean energy. We can do both. There are clean energy alternatives that are less harmful to eagles, such as rooftop solar and energy efficiency.”

Federal Rule Change Will Harm Eagles

Federal Rule Change Will Harm Eagles, Charges Local Conservation Group
California Eagles Are at Risk

Contact: Kelly Fuller

(San Diego, December 6, 2013) Today the U.S. Fish and Wildlife Service (FWS) released its final decision to weaken a key rule that protects Bald and Golden Eagles, in order to more quickly develop renewable energy.

The Protect Our Communities Foundation (POC) opposes this rule change because it would harm eagles, has not been adequately studied, and violates federal law. Two wind projects in San Diego and Imperial counties are known to be potentially affected by the change.

“Eagles symbolize America’s national heritage and deserve more protection, not less. This rule change will make it harder to protect the remaining eagles that San Diegans love,” said Donna Tisdale, POC’s Secretary.

“If you increase the length of eagle take permits from five years to 30 years, common sense says there are going to be some effects on eagles. But the federal government didn’t study the impacts of this rule change even though the National Environmental Policy Act requires it. Instead, the feds have decided to break the law and use eagles as lab rats.” said Kelly Fuller, consultant to The Protect Our Communities Foundation. Fuller was formerly the Wind Campaign Coordinator at American Bird Conservancy in Washington, D.C.

“According to the FWS’s own Eagle Conservation Plan Guidance, there are no proven measures that will reduce the numbers of eagles killed once the wind turbines are installed,” she added. “This rule change is a disaster.”

Before the rule change, FWS offered programmatic eagle take permits that would allow companies to kill specified numbers of eagles at their facilities for up to five years, as long as those deaths were unintentional and measures were taken to reduce and offset the deaths. The rule change allows permits to last for up to 30 years. When FWS first made these permits available in 2009, it said that permits would be limited to five years or less because longer permits could be incompatible with the preservation of eagles.

Under the old system, the permits could be renewed after five years unless there was reason to not to renew them. The rule change abandons the every-five-years-renewal process in favor of longer permits, thus removing the public’s opportunity to help protect eagles by commenting at the time of permit renewal.

POC sent comments to FWS opposing 30-year eagle take permits in July 2012. More than 120 other groups also wrote to FWS criticizing the rule change, including the National Park Service, major conservation groups, and tribal organizations.

In San Diego and Imperial Counties, this rule change could affect the proposed Tule Wind Project and existing Ocotillo Express Wind Energy Facility:

  1. The Avian Bat Protection Plan for Phase II of the proposed Tule Wind Project states that the project will apply for an eagle take permit before it begins operation. A memo obtained by POC through a Freedom of Information Act request shows that FWS regards Phase II of the Project as high risk to Golden Eagles and thinks that it “would likely cause ongoing mortality of eagles and their offspring.” As a result, FWS asked that Phase II be redesigned or moved to another location.
  2. The Eagle Conservation Plan for the Ocotillo Express Wind Energy Facility says that if the project kills a Golden Eagle, the project will discuss with FWS whether to apply for an eagle take permit. Please note, the Bald and Golden Protection Act strictly forbids killing eagles without an eagle take permit, so the Project would have already broken the law.

“This rule change isn’t needed because we don’t have to choose between protecting eagles and developing clean energy. We can do both. There are clean energy alternatives that are less harmful to eagles, such as rooftop solar and energy efficiency,” said Bill Powers, an energy expert who is a member of the POC Board of Directors.

Additional Information:
FWS memo characterizing Phase II of the Tule Wind project as high risk to Golden Eagles. The high risk and mortality statements are in the first and second bullet points on page three. The request to redesign or move the project is on page two.

Eagle Conservation Plan for the Ocotillo Express wind project. See page 41 for discussion of what happens if eagles are killed.

2009 Eagle Take Permit Rule (see page 46856 for statement limiting eagle take permits to five years).

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The mission of The Protect Our Communities Foundation is to protect rural communities and natural resources in southern California and northern Baja California from unnecessary and harmful large-scale and industrial energy projects, and to advance smart energy solutions.

Rooftop Solar: Giving Customers the Tools They Need to Make Wise Electricity Choices

A new article from Bloomberg News explains an unexpected benefit of roofstop solar. Many of the modern systems provide their customers with information about how they use electricity — information the customers often can’t get from their utility company. Some customers use this information to monitor their electricity use and turn off appliances such as pool heaters and air conditioning when they are not needed. From the article:

The same rooftop solar providers that are threatening utility revenues are more than just occupying customer roofs. They’re inside the home, monitoring usage trends and adapting the systems to meet both homeowners’ needs and their own bottom lines.

SolarCity, Sunrun Inc., SunPower Corp. and Locus Energy LLC are amassing billions of points of data in smart home systems that consumers love and that baffle utilities, many of which have no incentive to help consumers manage their power usage more efficiently.

A Nov. 21 Harris Interactive poll of 2,022 U.S. adults commissioned by Sunrun found that 74 percent have an interest in using technology in their home to track personal data and use energy more efficiently.

The Protect Our Communities Foundation strongly supports rooftop solar and increased use of energy efficiency.

Attacks on Mexican Power Plants Show Importance of Local Power

Over the weekend, nine electrical power plants were blown up in Michoacan state, in Mexico. These attacks show that it’s better to have locally generated power, under local control, than to be dependent on imported electricity from outside the United States, such as the power that would be coming over SDG&E’s proposed Energia Sierra Juarez transmission line.

The Protect Our Communities Foundation supports local energy solutions such as rooftop solar, energy efficiency, and community choice aggregation. Check out the Run with the Sun and the San Diego District Foundation websites for more info.

POC Suggestions for New County Renewable Energy Work Plan

This week, the San Diego County Board of Supervisors voted to approve a two-phase work plan for creating a County renewable energy plan.

The Protect Our Communities Foundation has asked the Board of Supervisors to focus on point-of-use solutions that don’t industrialize rural lands or increase fire risk in the highly fire-prone unincorporated areas of San Diego County. Examples of solutions being used in other areas that could be applied here include:

• Point-of-use solar and small wind turbines on new and existing structures, parking lots and brown fields
• Dept. of Defense Energy Efficiency and Renewable Energy Initiatives for local bases
Three new micro grids located at San Diego Navy bases under DOD’s Environmental Security Technology
Certification program (ESCTP)
San Diego Energy District Foundation & Community Choice Aggregation alternative to SDG&E
• Commercial and residential Geothermal Heat Pumps/Ground source pumps
Fuel Cells using bio-gas, natural gas, and/or hydrogen
Combined Heat and Power (CHP)/ Co-Generation using waste heat for energy
• San Diego Sierra Club’s Run with the Sun rooftop solar initiative
• Environmental Health Coalitions (EHC) Green Jobs / Solar for All initiatives