Ox Road South

Hello, My Name is (Hurricane) Earl

2010-09-02T21:24:00Z

Our family is planning a quick trip down to VA Beach for the Labor Day weekend to see friends and run in the annual Rock N Roll Half Marathon along the Boardwalk. It's a great race, perhaps my favorite in Virginia.

Of course, our plans are in the balance thanks to Hurricane Earl, which will be hitting on Thurdsay and Friday along the Eastern Seaboard. The storm may delay our departure by a day, which will give me one more day to contemplate the complete meltdown of our state's computer system (yet again).

(update at 9:30 pm: fyi, my father's middle name is Earle,which was his father's name. Sometimes, when my life is too peaceful, I like to terrorize my mother by threatening to name my next child Earle).

Does anyone have an explanation for this continued dysfunction? It seems as if this problem is not getting fixed, even though we have very bright people (Sam Nixon) in leadership positions for our state technology.

(another update at 9:35 pm: Thanks to a couple regular contributors who gave their thoughts below. The idea of an independent audit of this system, paid for by Northrop Grumman, is a very good one. Fyi, I did see a good article from the Post today and will post link).

C'ville Judge Rejects AG Position

2010-08-30T21:17:00Z

Today a Circuit Court Judge for the City of Charlottesville rejected the position of the Attorney General seeking to subpoena via Civil Investigative Demand certain documents generated by Professor Michael Mann as a potential fraud against the taxpayers of Virginia.

Professor Mann is a leading proponet of the scientific theory of "global warming" and his views are controversial in that respect. He formerly taught at the University of Virginia, where he sought state and Federal grants to further his research. For reasons that were not clearly articulated (but appear to revolve around the idea that "global warming" is an inherently false theory), the AG served five separate Civil Investigative Demands on the University to obtain records of Mr. Mann's research and communications.

The Court made several important rulings. First, it found that the AG does not have "unbridled discretion" to subpoena state agencies or universities anytime he thinks a fraud has been committed. Second, it found that the AG simply failed to articulate what Professor Mann did that was "misleading, false or fraudulent" in seeking research grants. Third, it found that the AG lacks the authority to prosecute professors who seek out Federal grants.

At the end, the Court did find that universities are corporations and thus subject to Civil Investigative Demands, if they are properly tailored to meet the above restrictions. For this reason, the AG will be allowed to redraft two of the Demands -- regarding state grants -- to fit within the confines of the statute by seeking materials produced after 2003.

Frankly, I don't see how a professor's academic research could ever be part of a "false claims" investigation, as such procedures are open to rampant subjectivity -- witness the foregoing fandango.

The AG's power here needs to be curtailed. Expect such legislation for the 2011 session.

Iftar Dinner in Fairfax

2010-08-29T11:17:00Z

Last night, I spoke at the annual "Iftar" dinner for the Muslim community and friends in Fairfax. The event was organized by my friends at the Turkish-American Friendship Association and took place in downtown Fairfax City, about a block from my law office. There were several hundred in attendance.

Being of the Christian faith, I personally did not know much about Ramadan or Iftar growing up. Essentially, during the month of Ramadan, Islam prohibits eating during daylight. Iftar then becomes the first meal of the day at twilight. Often it can be a community celebration.

Thanks to AFTA for inviting me and my family to join the meal the last night. I also had a chance to speak with a Voice of America reporter who was there doing a story on "Islam in America." Seems to be a salient topic these days.

Journey to the Center of the Earth (or Wise County, VA)

2010-08-27T00:23:00Z

I got back today from a 2-day trip to Wise County, located in the far southwestern corner of the Commonwealth. The trip was sponsored by Dominion Energy and was centered around a visit to the Virginia City Hybrid Energy Center, a 580 megawatt coal-fired air-cooled power plant costing $1.8 billion. It is set to open in 2012.

Before I recount my journey to Wise and my impressions of Virginia City, it's worth recounting that I always have been (and remain) a (1) proponent of a mandatory RPS standard in Virginia law, and (2) the de-coupling of power industry profits from the amount of kilowatts produced and delivered. That is my long-term vision for the energy sector and I'm open about it.

Having said that, the visit to Virginia City was eye-opening, especially in light of my experience on the Energy and Environment Commission since 2008. The site was a hive of activity with about 1,800 workers on-site building various structures, including the air cooled condenser, turbine housing and steam exhaust piping. The power generated will be enough to service approx 150,000 homes. It is a massive project with all the latest construction technology.

The controversial aspect of Virginia City is its use of coal -- a material which emits carbons into the atmosphere when burned.  While there are a full suite of emission controls in place at the new plant, it is true that burning coal causes air pollution beyond nuclear or even gas-fired plants (the plant also generates about 100 of its mw from burning recycled wood chips, ergo its designation as a "hybrid" plant").

Having said that, the Virginia City plant also has some positive environmental aspects, namely its use of "waste coal" or refuse piles buried in the earth prior to the Seventies, when the filtered "coal fines" from early mines were discarded in local landfills. In Wise County alone, there are nearly 180 identified sites of waste coal which mar natural habitats and cause water pollution. This is an existing water quality problem for everyone.

As part of its charge, Virginia City reuses "waste coal" through a process which uncovers the deposits, removes and oxidizes the buried bits, and then restores the land (or streambed) to its natural shape. We visited one such reclaimed site in the town of Coeburn. This is a classic example of creating energy through environmental best practices and needs to be acknowledged.

Last night we took a tour at UVA-Wise, where we had dinner with college and community leaders. UVA-Wise is a little known jewel. It has great facilities and is attracting students from across the state. As proof of that, I introduced myself to one student and learned she was from San Diego (by way of Norfolk).

This morning, I woke up early to run around the football field at Burton High School in Norton (home of "the Raiders"), which is under the shadow of the mountains and next door to our Holiday Inn.   It's very dark and quiet in Norton at 6 a.m.

Then we took the bus to St. Paul to hear the Nature Conservancy speak on central Appalachia, an area our speakers described as "the center of the earth" because of the aged mountains, untouched by Ice Age glaciers, and the resulting biodiversity (the Clinch River alone has over 40 mussel varieties).   We also had a presentation from student leaders at St. Paul's High School who are seeking to reclaim a wetland and create a park in the middle of a former town landfill. It was outstanding.

We flew back today to Richmond and I drove home. All in all, it was an important trip. Energy continues to be the #1 economic development challenge regionally and nationally.  In Virginia, we continue to struggle to develop native sources of energy, both renewable and non-renewable. Our utility companies must be part of the solution and we can learn from their professionals -- even as we maintain oversight on their regulated monopoly. I'm glad I had a chance to learn from them.

Thanks to our friends at Wise County for their hospitality. We'll be back soon.

A Quick Note on METRO, et al.

2010-08-24T22:24:00Z

Sorry for the delay on posting. I'm dealing with an avalanche of work and family obligations.

A few quick notes from the game on Saturday night:

1. Is there any reason for Blue Line trains to not run directly to FedEx Field on game nights? Nothing is more useless than a six-car train packaged with 1,000 fans making 5-6 superfluous stops before the stadium? On game nights, make the Blue Line an EXPRESS TRAIN to the stadium. Also, some of the trains are looking very ragged on the interior and need new carpeting.

2. The Ravens continue to have the ugliest jerseys in the league. (And E.A. Poe is from Richmond anyway)

3. The Redskins continue to have problems with the O-Line.

4. London Fletcher is old school NFL and we like that.

5. Santana Moss can still play. Everybody else? Well it's pre-season.

6. Cost of 2 tickets in Section 451? About $180. Cost of METRO pass to game? About $6. Cost of beer? About $7 per cup. Watching a ball game with my son? Priceless!

Heading to FedEx tonight ...

2010-08-21T20:47:00Z

... with my son. We'll be taking the Orange Line into the City, then switching at RFK. It's a mile walk from the last station to FedEx, which is about as "pedestrian friendly" as you can expect in the suburbs.

Starters are supposed to take 30-35 snaps tonight. First-team fans will likewise be limited 1-2 beers (or not!)

Always good to beat Baltimore. Even if it doesn't matter.

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Chilling Out In Western VA

2010-08-18T22:31:00Z

Got back today after spending 4 days vacationing in southwest Virginia. This is an annual trip for our family and every year it gets better. Here's a quick review and "greatest hits" ...

Day 1 (Roanoke) -- One of our favorite "small cities," Roanoke is actually an easy and scenic 4-hour drive down Rte. 81 from NoVA. With its antebellum decor and great service, the Hotel Roanoke is one of my all-time favorite hotels. It's also a 5-minute walk downtown, right over the Norfolk Southern railroad tracks which still gets lots of cross-country traffic. Lots of great places to eat in the Star City and the kids love the trains.

Day 2 (Hungry Mother) -- Since we discovered Hungry Mother State Park in 2004, it's been our favorite family place to relax in VA. A cabin is about $100 a night and gives you complete access to great hiking and jogging trails around Hungry Mother Lake, as well as boating, fishing and swimming in the Lake. This year we complete the family hike of Molly's Knob with only one melt down (me), then hit the beach in the afternoon. The town of Marion is a few miles away with a drive-in movie theater and putt-putt golf. If you're looking for great local cuisine, I suggest "The Tuscan" on Rte 11 in town. Best Italian food in Smyth County. By far!

Day 3 (New River Trail) -- One day I'll bike with my kids from Galax to Claytor Lake (56 miles) on the Trail, an old railroad cut which is now a state park. This year, we stuck to canoeing up the New River from the landing at Foster Falls in Wythe County back towards the NC line. The river runs parallel to the bike trail and underneath the Rte 77 bridge. We share the river with a herd of cattle -- not an advertisement for best management practices (except maybe in India). After a day of canoeing the New River, it's back to Hungry Mother for a late swim.

Day 4 (Wytheville) -- There's a lot of nearby towns to see (Abingdon, Damascus, Galax) but we have to get home. We make our traditional stop at the Wytheville Bob Evans which has a commanding view up Rte 81 and great pancakes. After brunch, it's a 5 hour ride back home up the spine of western Virginia.

Next year, we'll stay longer and hit more sites, especially those of musical interest, i.e. the Crooked Road of country music history. In the meantime, it's a great break from NOVA and very easy on the family budget. Check out the possibilities at the website for Virginia State Parks.

State Reports $400M Surplus

2010-08-18T20:02:00Z

I've been out of town since Saturday. Got back today to find that the Governor has announced a $400M budget surplus for FY10, which is significantly better than anyone had projected.

Still trying to figure out how our reveue projections can swing so quickly, when all seemed lost just a few months ago. In the meantime, the Assembly has borrowed money from our own VRS system for the upcoming fiscal year(s) in order to balance the budget. That transaction should not be forgotten before everyone rushes to spend this new money.
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Defense Cuts Will Have Immediate Impact on Virginia

2010-08-13T16:13:00Z

Earlier this week, the Obama administration announced plans to reduce defense contracting costs by 10% a year for the next three years. At the same time, it announced that it would eliminate certain defense agencies such as the Joint Forces Command ("JFCOM"), which is based in Hampton Roads. That elimination alone represents 5,000 jobs.

In Nothern Virginia, a reduction in defense and homeland security contracting would be significant in impact. There is no doubt that defense largely drives job growth in in NoVA. There are literally thousands of companies based in Fairfax, Loudoun and Prince William that make their living based on contracts with the military or DHS. Eliminating those contracts will cost jobs.

There is certainly a need to right-size the Federal budget and defense spending is a major part of that. Having said that, the speed of this announcement and lack of coordination with Virginia leaders is somewhat disconcerting, especially since our area just went through massive changes with the BRAC recommendations, which included building enormous (and costly) new facilities at Fort Belvoir and near Bailey's Crossroads that replaced perfectly good facilities in Arlington.

Talk about mixed messages.

This announcement could a be a minor blip in the steady growth of NOVA and its businesses over the past seventy years. Or it could be a major watershed. On balance, the Virginia area has shown great flexiblity in growing, even when the defense budget was contracting. (Look at the growth of Internet-based businesses in the 1990's when military spending was comparatively low).

This will be a challenge for us.

The Beat Don't Stop til the Break of Dawn

2010-08-10T11:51:00Z

To quote "Rapper's Delight" -- our AG's favorite rap group -- "well, it's on and on and on, on and on .... and the beat don't stop til the break of dawn."

The same themes have dominated this summer in Virginia: privatize the liquor stores, crack down on illegal immigration, file suit against our universities.

Yesterday marked the kick-off of the Governor's bid to privatize the ABC stores in Virginia. I have mixed thoughts on this and it's still early. I don't plan to bash the Governor's plan, which is not yet a tangible proposal. There are advantages to eliminating a state agency. And there are certainly disadvantages. On balance, the current system works very well in terms of controlling liquor distribution and capturing revenue. That's what it's supposed to do.

In regard to immigration, we've passed many laws in Virginia and it seems we're going to get more in 2011. You can't drive here unless you're legal. You can't get in-state tuition unless you're legal. You can't get any government benefits (e.g. FAMIS or Medicaid) unless you're legal. You can and should be referred to the Feds if you're not legal and picked up on a crime. We've passed a lot of laws. And I've voted for most of them. At some point, how much more can a state do?

Finally, according to the radio, today will mark the 50th day this year that the thermometer has reached ninety degrees in the D.C. area. Good thing global warming has been disproven. I don't know much about "hockey stick" graphs but I do know that fifty days of 90+ degree heat in one year is pretty extraordinary.