AG Cuomo Announces Plan To Sue Pennsylvania Power Plant

ATTORNEY GENERAL CUOMO ANNOUNCES INTENT TO SUE MAJOR PENNSYLVANIA POWER PLANT THAT POLLUTES NEW YORK WITH ITS EMISSIONS

Homer City Plant Is One of the Largest Out-of-State Sources of Sulfur Dioxide Pollution to New York

NEW YORK, NY (July 20, 2010) - Attorney General Andrew M. Cuomo today announced that his office has notified a major Pennsylvania electric power plant of his intent to sue over multiple violations of the federal Clean Air Act (CAA) at the facility. The plant, Homer City Station, is one of the largest out-of-state contributors of sulfur dioxide (SO2) pollution to New York.

Attorney General Cuomo is joined by the Pennsylvania Department of Environmental Protection (PADEP) in this action. In the notice of intent to sue, Cuomo and PADEP charge that the current and former owners of Homer City Station disregarded provisions of the CAA that required state-of-the-art pollution controls be installed at the plant when it underwent several major modifications in the 1980s and 1990s that increased its pollution emissions. The lawsuit would seek to require the companies to comply fully with the CAA, including installing state-of-the-art pollution controls to address their increased emissions. The CAA requires a 60-day notice of intent to sue.

“The owners of Homer City Station have ignored their legal obligations while their power plant pollutes our skies and our lungs with over one hundred thousand tons of emissions each year,” said Attorney General Cuomo. “We will hold the owners of the Homer City power plant accountable for breaking clean air laws and for endangering the health and environment of New Yorkers.”

Homer City Station is a 1,884 megawatt electric power generating plant located in Homer City, Pennsylvania, roughly 50 miles east of Pittsburgh. The plant emits over 100,000 tons of SO2, nitrogen oxides (NOx), and particulate matter (PM) each year. Air emissions from the plant contribute to smog and soot pollution in New York, with the plant’s annual emissions of over 100,000 tons of SO2 alone constituting one of the largest upwind sources of this kind of pollution to New York state. Pollutants contained in the plant’s emissions are directly linked to increases in asthma attacks, lung diseases, and other health problems. They are also primary contributors to acid rain, which has severely damaged lakes, forests, and wildlife throughout New York’s Adirondack and Catskill regions.

Cuomo and PADEP charge that, in violation of several provisions of the CAA, the owners of the Homer City plant made a number of physical or operational changes to the plant between 1982 and 1996 that resulted in increases in emissions of SO2, NOx, and/or PM that continue to this day. The CAA requires that major modifications that increase pollutant emissions be accompanied by the installation of state-of-the-art pollution controls. The owners and operator of Homer City Station are charged with consistently ignoring these and other requirements of the CAA in the course of modifying and operating the facility.

The notice of intent to sue names both the current owner of Homer City Station - a consortium of eight limited liability companies (Homer City OL1-OL8 LLC) - and its operator (EME Homer City Generation L.P.). In addition, the notice names several companies that owned the plant when, or since, it was modified and increased air pollution. These past owners include: Chestnut Ridge Energy Company; Mission Energy Westside Incorporated; Pennsylvania Electric Company; and New York State Electric & Gas Corporation.

This matter is being handled by Assistant Attorney General Susan von Reusner and Affirmative Litigation Section Chief Michael Myers of the Attorney General’s Environmental Protection Bureau.

Chris Cox And The Tea Party

SMITHTOWN, NY — Chris Cox (R), candidate for Congress in New York’s First Congressional District, today congratulated Representatives Michele Bachmann (R-MN) for her success in forming the first “Tea Party” Caucus in the House of Representatives. He released the following statement:
 
“I am glad to hear that our representatives have taken a stand to protect America’s founding principles of limited government and responsibility to the people with the formation of the ‘Tea Party’ Caucus. Over these past few months, Americans have expressed their disappointment and concern for the country that their children and grandchildren will soon inherit. During the Caucus’ first meeting tomorrow, I hope that representatives will be able to put aside ideological differences in order to listen to their constituents and find an effective solution for the many who are currently struggling under a high deficit and high unemployment. After we send liberal Congressman Tim Bishop packing, I will be proud to join this Caucus on behalf of Long Islanders.”
 
Chris Cox recently received the endorsement of the largest “Tea Party” group in the First Congressional District, the Suffolk County 9-12 Project. He has also been working closely with another prominent Suffolk “Tea Party” group, the Conservative Society for Action, throughout his campaign.
 
Several members of the House of Representatives have already joined the Caucus, including: Representatives Mike Pence (R-IN), Pete Sessions ( -TX) and Pete Hoekstra (R-MI).
 

FYI - Northern State Parkway PM Closure of Eastbound Lanes

Night Closure of Eastbound Northern State Parkway Begins Tuesday, July 6, 2010 in the Towns of Huntington and Smithtown

Eight Mile, $9.2 Million Repaving Improvement Will Benefit up to 75,000 Motorists Daily

For the protection of motorists, sections of the Northern State Parkway (NSP) between Wolf Hill Road (Exit 41) and NY Route 454/Veterans Highway in the Towns of Huntington and Smithtown, Suffolk County, will be closed to motorists weekday nights between the hours of midnight and 6:00 a.m., beginning Tuesday, July 6, 2010. The travel lane closures are needed to undertake the $9.2 million project to repave approximately eight miles of the NSP, which requires the removal of the old, worn pavement surface and markings followed by installation of new pavement surfacing and markings. When completed, this mill and fill resurfacing work will help maintain the integrity of the roadway and provide a smoother, safer riding surface for the approximately 75,000 motorists who use this section of NSP each day. To minimize the impact on motorists, the project is being performed at night and in different stages with smaller sections being resurfaced and closed to motorists at one time.

During the first week, the eastbound NSP will be closed between Wolf Hill Road (Exit 41) and NY Route 231/Deer Park Avenue (Exit 42) Tuesday through Friday nights. During the following weeks, the NSP will be closed each Sunday through Thursday night for the remainder of the project. Once the eastbound NSP is completed in approximately eight weeks, the westbound NSP will be undertaken and closed between the hours of 11:00 p.m. and 5:00 a.m. As with any roadway project, this operation is weather dependent and may be canceled, postponed, or prolonged due to inclement weather.

Motorists are being warned in advance of the closing via overhead INFORM messages and electronic message boards but are urged to use alternate routes to avoid delays, especially during the initial lane closure set up around midnight each night. All vehicles will be detoured off eastbound NSP to the Long Island Expressway (LIE/I495), to the Sagtikos State Parkway (SSP) then back to the NSP. Motorists are reminded to drive carefully through the work zone and obey the posted construction speed limit for their safety as well as the safety of the highway work crew.

This project will address the deteriorated pavement conditions of the NSP. In addition to the new pavement, the project includes drainage repairs and cleaning, new surface and overhead traffic loops, and new pavement markings to maintain the integrity of the NSP, increase safety, and reduce crashes on this attractive parkway. Construction is being performed by Grace Industries, LLC of Flushing, New York and is expected to be completed late Fall 2010 weather permitting.

For 24/7 up-to-date traffic and travel information, motorists should call 511 or visit www.511NY.org. Motorists may also obtain travel information from the INFORM Transportation Management Center cameras at www.INFORMNY.com and on their hand held communication devices at www.INFORMNY.mobi .

Understanding Health Care

By Michael Hanley

The new Health Care bill is creating quite a stir among the small business community and among the general population. There are so many rumors, so many half-truths, and so much misconception floating around, that I have decided to address a few of the more common myths that I have heard. If there are any rumors that you have heard, post them and I will address whether or not they are real or just hype:

Myth #1: Your Medical Benefits Will Appear on Your W-2 and Will Be Taxed as Income
Ruling: Half-Truth

The top questions that I have been asked lately are "Will my health insurance be taxed as income?" and "Will health insurance be taxable income?" While the cost of your health insurance and some other benefits will appear on your W-2 (starting with your 2011 W-2 that will be issued in January 2012), they will not be taxable to you as income. For now, these figures are appearing for three reasons:

For informational purposes
So your employer can justify the expense on their Corporate Tax Return
To ensure that businesses with 50 or more employees are in compliance with offering health insurance coverage to their employees


Myth #2: You Will Have to Start Issuing 1099s to All of Your Vendors and Suppliers (Even Staples)
Ruling: The Jury is Still Out

As per the current wording of the Healthcare Plan, yes, this is correct. Starting in 2012, businesses must begin issuing a 1099 to every vendor or supplier who they pay $600 or more during the course of the year. This is no longer limited to Independent Contractors and service providers, but everyone. Verizon, Staples, your insurance carrier, your automobile lease holder, Dell, the deli that you order lunch from every Friday, etc...you will now have to obtain their Tax ID # and issue them a 1099 at the end of the year.

However, being as this will be a nearly daunting task that will double (and even triple) the cost of accounting services for some of the smaller businesses out there, a war will be waged over the next two years in order to have this portion of the Healthcare Plan retracted or at the very least minimized to focus on certain vendors and suppliers.

Myth #3: Small Businesses Will Be Penalized for Not Providing Health Insurance to All Employees
Ruling: Half-Truth

The first important factor to consider here is that this provision of the law doesn't go into full effect until 2014. This means that a new Presidential administration may be in place and may look to reverse this facet (or many facets) of the plan.

Secondly, if your business has fewer than 50 employees, this is a non-issue as there will be no penalties assessed against small businesses with fewer than 50 employees.

If you are a small business owner who has always taken the DIY approach to your accounting and tax preparation (especially if your business employs or plans to employ 50 or more people between now and 2014), now is the time to start working with a CPA who is not only well-versed with small business taxation, but who is familiar with the new Healthcare Plan. While this new Healthcare Plan is set to provide some nice benefits and credits to small businesses who offer health insurance to their employees, it is also providing a tremendous amount of confusion and tough-to-navigate paths.

This article has been submitted by local resident Michael Hanley.  Michael Hanley is recognized as one of the foremost experts in the field of Entity Selection. He is a Certified Public Accountant, a Certified QuickBooks ProAdvisor, and the author of three small business accounting books, 'Choosing the Right Structure for Your Business,' 'Effective Tax Planning for the MicroBusiness,' and 'Why You Should Incorporate Your Real Estate Business.' His expert opinions are frequently published in media outlets across the country such as Wall Street Journal, BusinessWeek, LA Times, Chicago Tribune, Newsday, Long Island Business News, Accounting Crossing, BrandWeek, and USAA Magazine among others.

As the Managing Partner of the Smithtown CPA Firm Merl & Hanley LLP and the founder of Corp-4-U, the first incorporation service to feature a CPA working alongside licensed attorneys in order to offer low-cost incorporation services, Hanley has successfully counseled hundreds of small businesses as to which type of business structure best fits their business and tax needs.

Michael lives in Kings Park, NY with his wife, son, and Cavalier King Charles Spaniel.

Rocking The Political Boat- Conservative Society For Action

 

By Erica Jackson

One evening last September two friends, Stephan Flanagan and Conrad Schabauer were sitting chatting as friends do. The topic of politics came up and the pair quickly realized that they shared the same view: that the country is in dire straights and it’s not only because of President Barack Obama, but also because of local officials.  They decided to do something about it.

 

“We listened to what our President had to say,” said Flanagan.  “It scared the hell out of us; big government, socialized medicine.  All destructive to our economy and way of life.”

Almost the next day, Stephen Flanagan and Conrad Schabauer formed the grassroots Conservative Society for Action (CSA). Along with it a website, calling for action from others who share their same opinion. 

 

“We went to the Internet with our message,” said Flanagan, “We published articles and issued press releases to generate membership.”

 

As membership grew the “freedom fighters,” as they refer to themselves, took their message to the streets. They consistently put themselves in the public eye, holding rallies, knocking on the office doors of their representatives and making trips to Albany and Washington to voice their opinions.  They also frequently appear at governmental meetings in large numbers.

 

Most recently, CSA members teamed up with the Suffolk County 9-12 Tea Party Patriots, a political organization that shares similar views with CSA, to attend Congressman Tim Bishop’s Town Hall Meeting. At the June meeting, nearly 100 participants questioned the Congressman on his voting record and chanted, “Silent No More.”

 

Congressman Bishop (D-1st District), said Flanagan, is just one of many officials who are working against their constituents by supporting policies such as bailouts, socialized health care and taxes that are detrimental to small businesses.  “They are the reason we are in a recession,” said Flanagan. “Our local representatives don’t get it.  This is the worst economy in my lifetime and our officials are taking actions to increase spending.  Are they stupid? Or are they sinister?”

 

Congressman Bishop says the answer is opposite.  In a statement to SmithtownMatters.com, he said, “My job is to continue to work hard and fight for Smithtown residents.  Whether it is the office hours I recently held at Smithtown town Hall or my work to help the Kings Park VFW, I will continue to conduct myself with respect for all the people I represent and with the utmost regard for civility.  How others choose to conduct themselves and exercise their First Amendment rights is up to them.”

 

It does seem, however, that the actions CSA has taken is working to their benefit.  Today, the CSA touts some 4,500 members from all over the country.  All support a belief that “the legitimate role of government, as defined in the Declaration of Independence, is to secure the life, liberty and property of its citizens. All other governmental activities tend to diminish freedom and hamper progress. The growth of government must be fought relentlessly.”

 

“What we want,” said Flanagan, “is to throw the bums out of office.”  He continued, “We don’t believe our representatives are doing a good job. Our recourse in the American system of politics is to throw them out of office.”

 

While the organization has no intent on becoming an independent political party and putting up its own candidates, it is, said Flanagan supporting candidates that share their views.

“We want someone who believes in smaller government, small taxation, supports business, supports jobs and less regulation,” said Flanagan, “We want candidates that are willing to say ‘no’ to bigger government and someone who has the guts to go up there and say, ‘stop the bleeding.’”

 

Flanagan says he sees these qualities in several candidates looking to get elected this November, including John Gomez, a Republican, Conservative candidate for the second Congressional District. That seat is currently held by Democrat Steve Israel.

 

The CSA is also looking to support Lee Zeldin, a Republican who is looking to run against 3rd Senate District Senator Brian Foley, who is a Democrat. 

In addition, the CSA is looking to support a candidate against Bishop, but not sure who yet.  Flanagan says it with either be Republican George Demos or Christopher Nixon Cox, also a Republican.

 

To support these candidates,the CSA urges its members to get involved in the election process by infiltrating their local Republican, Democrat, Conservative organizations and working to become committeemen, who are instrumental in the election process.

The CSA is also, said Flanagan dedicated to educational awareness. “Awareness is so important.  We want the party leadership and elected officials to know we are watching. We urge our members to go to meetings and hearings  and listen and comment and if our elected officials act in a way that is inexplicable, we will make sure the electorate is aware and it will be taken into account on election day.”

 

Getting out there and making their presence known has garnered national attention, not just for CSA members, but the entire tea party movement. As reported in the Washington Post last week, the National Association for the Advancement of Colored People (NAACP) denounced the tea party movement, saying it had “racist elements” within it.  

 

Flanagan called the statements made by the NAACP “ridiculous” and said, “this is proof positive that they don’t have support on the issues and they have to resort to name calling.  They are saying we are racist to try and get us off message.”

 

The CSA’s message is clear said Flanagan and the group's members will stick to it, “throw the bums out of office."

 

 

For more information on CSA, visit www.csa-1776.org