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Brunini’s Watts Ueltschey To Speak at National Business Institute’s Seminar on FRAC Law

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Watts Ueltschey will speak at the National Business Institute’s seminar, “FRACLAW: From Land Contract Negotiations to Environmental Disputes, What You Need to Know about the Key Legal Issues in Oil and Gas Extraction.”  The seminar will take place on Nov. 14, 2013 at the BancorpSouth Conference Center in Tupelo, Miss., from 9 a.m. to 4:30 p.m. Ueltschey’s presentation will cover Lease/Ownership Challenges and Disputes.

Ueltschey has represented a number of companies in the energy sector on a variety of matters, including handling disputes with land owners; preparation of mining, drilling and division order title opinions; transactions involving the purchase and sale of producing properties; and representation before the Mississippi State Oil and Gas Board. He has represented clients in connection with gas storage, including acquisition of existing storage facilities; acquisition of surface and subsurface rights for the construction of storage facilities in salt domes and depleted gas fields; and obtaining regulatory authority for such facilities at the state level.

Ueltschey’s litigation experience also includes controversies over deed construction, joint operating agreements, boundary line disputes and expiration of oil and gas leases on school lands.

To register for this seminar, call 1(800) 930-6182 FREE or visit www.nbi-sems.com 

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Mississippi Environmental Quality Permit Board Summary of Meeting Held November 12, 2013

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on November 12, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Dennis Riecke chaired the meeting attended by all Board members. Minutes from the October meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

City of Meridian, Meridian POTW (Lauderdale County)

Modification of NPDES Permit
MS0020117

Following statements from a resident in the area that the permit modification should be denied, the Board voted to approve the modification of the NPDES permit based on staff’s recommendation that all requirements have been satisfied by the applicant.

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

Burns Dirt Construction, Inc.
Oktibbeha     P13-010

Eutaw Construction Company, Inc.
Monroe       P95-090T

Eutaw Construction Company, Inc.
Monroe        P96-002T

Eutaw Construction Company, Inc.
Monroe        P97-018T

Mississippi Limestone Corporation
Coahoma      P93-070

Kentucky-Tennessee Clay Company
Benton        P98-046

Surface Mining Permit to Rescind:

Eutaw Construction Company, Inc.
Monroe        P12-025

Surface Mining Permit to Transfer:

Jackson Ready-Mix Concrete
        Transfer to Krystal Gravel, Inc.
Copiah        P90-002

Surface Mining Application:

Memphis Stone and Gravel Company
DeSoto        A1872

The surface mining bond releases, permit to rescind, permit to transfer and permit application listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on December 10, 2013.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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Smart Grid Today Names Brunini’s Curt Hébert One of Smart Grid Pioneers of 2013

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Curt Hébert of Brunini, Grantham, Grower & Hewes, PLLC has been named by Smart Grid Today as one of the 50 Smart Grid Pioneers of 2013. SmartGridToday.com delivers comprehensive daily reporting on the modern utility industry and those named as Pioneers are the experts and risk-takers to whom the website turns to explain in detail the industry’s most newsworthy moves, insights, advances, setbacks and new concerns.

Honorees ranged from industry leaders working inside conglomerates such as General Electric and IBM to entrepreneurs at small firms like Retroficiency and TEMIX. Also included were utility executives, regulators and political figures working on smart grid solutions to electricity challenges around the world.

“These interviews reveal the details of this evolving industry from perspectives that give it depth, with guide markers on what works and warnings about where the risks lie,” Smart Grid Today Publisher Sam Spencer said.  “We salute all the pioneers who are forging ahead and invite them to look to the 50 people in this report for guidance.”

Hébert, a partner in the Brunini Law Firm, former FERC chairman, former Mississippi state regulator and former Executive Vice President of Entergy Corporation commented, “I am honored to have been selected as a Smart Grid Pioneer. It is critical that we better understand the evolving needs of customers while also mitigating risks against cyber security on the electric grid.  Reliable energy is essential to attracting necessary industry to our region and smarter networks provide more certainty to those industries.” Hébert is a visiting scholar with the Bipartisan Policy Center in Washington, D.C., where he co-chairs the Energy Reliability Task Force and The Electric Grid Cyber Security Initiative.

About Smart Grid Today:

Smart Grid Today’s mission is to deliver daily, unbiased, comprehensive and original reporting on emerging trends, applications and policies driving the modern utility industry — in a signature format our founders have developed over decades in the trade news business, featuring highly concise and easy-to-understand news copy based on trusted reporting, exclusive interviews, informed analysis and strategic insights that our subscribers rely on to succeed every business day.  Smart Grid Today is published by Modern Markets Intelligence, Inc.

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Mississippi Commission on Environmental Quality Summary of Meeting Held October 24, 2013

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on October 24, at the offices of the Mississippi Department of Environmental Quality in Jackson. Chat Phillips chaired the meeting attended by all members. Minutes from the last meeting held in August 2013 were approved. Following a prepared agenda, items considered were as follows:

BROWNFIELD AGREEMENT

The Commission voted to approve the Brownfield Agreement between the Commission and The District Land Development Company, LLC regarding the remediation of property located just east of I-55 and north of Eastover Drive in Jackson, Mississippi. Buildings slated for demolition on the site, known as the former “Mississippi School for the Blind Brownfield Agreement Site,” contained asbestos and old transformers needing proper disposal.

ADOPTION OF ADMENDMENTS TO MISSISSIPPI ADMINSTRATIVE CODE

The Commission voted to adopt the following amendments to the Mississippi Administrative Code (MAC):

(1)  Air Emission Regulation for the Prevention, Abatement, and Control of Air Contaminants (11 MAC, Part 2, Chapter 1) – the amendments involve the adoption, by reference, of amendments to federal New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and the Consolidated Air Rule as promulgated by the U.S. Environmental Protection Agency (EPA).

(2)  Ambient Air Quality Standards (11 MAC, Part 2, Chapter 4) – the amendments concern the adoption, by reference, of amendments to the Federal National Ambient Air Quality Standards as promulgated in 40 CFR Part 50.

(3)  Regulations for Lead-Based Paint Activities (11 MAC, Part 2, Chapter 9) – the amendments concern changes to make the regulations consistent with amendments to federal EPA regulations and the Mississippi Lead-Based Paint Activity Accreditation and Certification Act, as amended by Mississippi Senate Bill 2688 (Regular Session 2013).

PRESENTATION ON GEOLOGIC IMPORTANCE – PIKE COUNTY

Over the next few Commission meetings, the MDEQ staff will present work, research and geology of a few key counties within the state in order to highlight the importance of geological understanding to Mississippi and the mission of MDEQ. At this meeting, the staff provided a presentation on the geological significance and importance of Pike County.

CERTIFICATIONS APPROVED

Asbestos:                     220 certifications

Lead Paint:                  102 certifications

Underground
Storage Tanks:            8 certifications

Wastewater
Operator:                      57 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

The following five (5) emergency clean-up expenditures occurred since the last report:

Complete Environmental & Remediation in the counties of:

Leake and Clarke.

United States Environmental Services in the counties of:

Rankin, Copiah and Simpson

Thirty-eight (38) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

ADMINISTRATIVE ORDERS APPROVED

Program Area Number of Orders Penalty Range
Large Construction Storm Water

2

 $1,400 to $25,000
Hazardous Waste

3

 $1,800 to $39,655
Title V

4

 $0 to $15,000
Hot Mix Asphalt

1

 $45,000
Pretreatment

1

 $12,500
Wet Deck

1

 $3,500
Synthetic Mining

1

 $19,000
UST

2

 $4,440 to $5,000
Water Well Contractor’s License

9

 $100
Other

9

 $0 to $5,000

The remaining five (5) orders were not enforcement-oriented, but rather dealt with the approval of amendments, applications for the Brownfields Program, participation in the Uncontrolled Site Voluntary Evaluation Program, and other routine administrative matters.

The next Commission meeting is scheduled for November 21, 2013.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi.

This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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Brunini’s Sam Kelly Selected as Construction Industry Person of the Year

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Sam Kelly of Brunini, Grantham, Grower & Hewes, PLLC has been selected as the Construction Industry Person of the Year by the Mississippi Associated Builders and Contractors (MABC).

Kelly was recognized at the annual Mississippi ABC Merit Awards Banquet at the Jackson Country Club on November 1 and delivered a speech after the award was presented.

“This is a high honor for which Sam is well deserving.  We are extremely proud of his achievement and this outstanding recognition for the leadership he provides to the construction industry and to our firm in this important practice area,” said Granville Tate, Jr., chairman of Brunini’s Board of Directors.

The Associated Builders and Contractors (ABC), Inc. is the fastest-growing construction trade association in America, operating through 25,000 nationwide member firms. The Mississippi Chapter of ABC is the largest trade association of its kind in the state, setting standards for the industry in its attempt to promote a fair and profitable business way of life.

Brunini’s Kelly is an active member of and serves as General Counsel to the Mississippi Associated Builders and Contractors and the Mississippi Road Builders Association.  He is also an active member of the Associated General Contractors of Mississippi.  Kelly’s practice focuses on the construction industry and includes contract preparation and negotiations, bid protests, claim preparation and evaluation and dispute resolution.  In the field of Construction Litigation, he has been recognized by Best Lawyers® in America, Chambers USA: America’s Leading Lawyers, and Mid-South Super Lawyers®.  Kelly was named Best Lawyer® Lawyer of the Year 2012 Jackson-MS in Construction Litigation.

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Mississippi Environmental Quality Permit Board Summary of Meeting Held October 8, 2013

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on October 8, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Dennis Riecke chaired the meeting attended by all Board members. Minutes from the September meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

N.L. Carson Construction Company, Inc.
Neshoba      P09-019

Eutaw Construction Company, Inc.
Madison       P10-009T

Hill Brothers Construction Company
Winston       P04-004A

Oddee Smith Construction Company
Lincoln         P99-018

Hammett Gravel Company
Holmes        P97-027

Hammett Gravel Company
Holmes        P98-004

Hammett Gravel Company
Holmes        P03-006A

Hammett Gravel Company
Holmes        P00-059

Hammett Gravel Company
Holmes        P02-039

The surface mining bond releases listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on November 12, 2013.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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Mississippi Environmental Quality Permit Board Summary of Meeting Held September 10, 2013

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on September 10, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Leslie Royals chaired the meeting attended by all but two Board members. Minutes from the August meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

EVIDENTIARY HEARING SCHEDULED FOR OCTOBER 8, 2013

On May 14, 2013, the Board voted to grant the issuance of a water quality certification to Alliance Consulting Group, LLC (Pearl River County) for a proposed sand processing facility (WQC2012071). Following the issuance of this certification, representatives for the Ravenwood Subdivision, which is located near the proposed site, requested an evidentiary hearing. This evidentiary hearing was scheduled to occur following the regularly scheduled October 8 meeting of the Board. Legal Counsel for Alliance Consulting Group, LLC appeared before the Board to request (1) a Motion to Intervene and (2) a Motion for Continuance, citing the need to address some corporate organizational issues prior to the scheduled evidentiary hearing. Per MDEQ’s legal staff recommendation, the Board voted to approve both motions. Consequently, the evidentiary hearing will be rescheduled. MDEQ will notify the Board and other appropriate parties of the new date once it is scheduled.

OFFICE OF POLLUTION CONTROL

Macland Disposal Inc., II, a wholly owned subsidiary of Waste Recyclers Holdings, LLC (Jackson County) 

Reissuance of Water Quality Certification
WQC2006062

Macland Disposal Inc., II has applied for reissuance of its Water Quality Certification in order to fill approximately 28.5 acres associated with an approximately 30 acre expansion of the Class I Rubbish facility. MDEQ received several letters of concern during the public comment period. These letters stated concerns regarding the design and construction of the expansion of the facility, potential flooding and possible groundwater contamination. Per staff’s recommendation, the Board voted to approve reissuance of the certification.

W.L. Burle, PA, Shell Go Number 512 (Carroll County)

Issuance of Coverage under Underground
Storage Tank Groundwater Remediation
General Permit      MSG120220

The Shell Go Number 512 site has been identified as having some high vapor issues and proposes to install a dual-phased remediation system to correct the problem. The Board voted to issue the general permit.

OFFICE OF GEOLOGY

Surface Mining Bond Release:

Lloyd G. Spivey, Jr.
Madison       P02-014

Surface Mining Permits to Transfer:

Hill Brothers Construction Company, Inc. transfer to
Hill Brothers Leasing Company, LLC
Marshall       P99-055

Hill Brothers Construction Company, Inc. transfer to
Hill Brothers Leasing Company, LLC
Pontotoc       P01-012

Hill Brothers Construction Company, Inc. transfer to
Hill Brothers Leasing Company, LLC
Pontotoc       P01-013

The surface mining bond release and permits to transfer listed above were approved in accordance with the staff’s recommendation.

OTHER BUSINESS

The following evidentiary hearing is scheduled to take place following the Board’s regularly scheduled meeting:

November 12, 2013 – Cleveland Music Foundation, Delta State Golf Course Renovation Project, Bolivar County.

The next Permit Board meeting will be held on October 8, 2013.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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Brunini’s Curt Hebert Interviewed by National Media Concerning National Energy Policy

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Curt Hébert, a partner with the law firm of Brunini, Grantham, Grower & Hewes, PLLC, was recently interviewed and quoted in four national major media outlets concerning national energy policy.

The New York Times and National Public Radio (NPR) quoted Hébert, former chairman of the Federal Energy Regulatory Commission, in stories regarding strategy and preparedness of the country’s power grid against a possible cyber-attack.  Hébert was also one of several participants in a mid-August Washington conference on the need to better protect the electric grid from such attacks, which most experts believe are inevitable.

Hébert contributed his knowledge and insights for the 2013 Report Card for America’s Infrastructure by the American Society of Civil Engineers (ASCE) and was featured in a video summary of the report.

Additionally, Fox Business Channel’s Liz Claman interviewed Hébert on the subject of news reports that the United States Department of Justice is investigating trading in energy markets by JPMorgan Chase.

Hébert’s recent interviews and articles can be found by visiting the following websites:

New York Times – As Worries Over the Power Grid Rise, a Drill Will Simulate a Knockout Blow

NPR – The Next Disaster Scenario Power Companies Are Preparing For

Fox Business Channel video – DOJ Investigating J.P. Morgan’s Energy Business

ASCE Report Card – http://www.infrastructurereportcard.org/a/#e/energy-video-01

Hébert recently wrote and published “The Most Critical of Economic Needs (Risks): A Quick Look at Cybersecurity and the Electric Grid” for the prestigious Electricity Journal. The article centered on the need for increased focus on cybersecurity as it relates to the national electric grid.

Hébert is a visiting scholar with the Bipartisan Policy Center in Washington, D.C., where he co-chairs the Energy Reliability Task Force. He most recently served as Chief Executive Officer of Lexicon Strategy Group, an energy, finance and regulatory law advisory firm with offices in Mississippi, Louisiana and Washington, D.C.

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Kaufman and Allen Obtain Summary Judgment in Fire Death Case

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On September 4, 2013, the United States District Court for the Southern District of Mississippi granted summary judgment to CenterPoint Energy.  The order dismissed the Plaintiff’s wrongful death action which sought damages for the death of his father allegedly caused by a residential natural gas explosion. Plaintiff alleged CenterPoint was negligent in supplying gas and maintaining the gas lines around his father’s home, which resulted in the alleged gas leak and explosion.  Plaintiff further alleged his father called CenterPoint on at least two occasions in the months before the explosion to report the smell of gas and that CenterPoint failed to repair the leak.   The Court found no evidence was presented of a gas leak on CenterPoint’s side of the meter, and even assuming a leak existed on the customer’s side of the meter, Plaintiff submitted no evidence that CenterPoint was ever placed on notice of a gas leak.  Accordingly, the Court held CenterPoint could not be held liable under Mississippi law.  Opinion and Order

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Mississippi Environmental Quality Permit Board Summary of Meeting Held August 13, 2013

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on August 13, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Dennis Riecke chaired the meeting attended by all Board members. Minutes from the July meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

A & A Excavating Contractor, Inc.
Madison       P88-020

A & A Excavating Contractor, Inc.
Madison       P89-001

Eutaw Construction Company, Inc.
Lee              P09-004

W.C. Pitts Construction Company, Inc.
Wayne         P92-095

W.C. Pitts Construction Company, Inc.
Wayne         P95-046

Surface Mining Permit to Cancel:

Eutaw Construction Company, Inc.
Marshall       P12-024

Surface Mining Permits to Transfer

Rogers Group, Inc. transfer to
APAC-Mississippi, Inc.
Panola         P04-021T1

Hammett Gravel Company, Inc. transfer to
Hammett and Green Aggregates, LLC
Warren        P13-006A

The surface mining bond releases, permits to transfer and permit to cancel listed above were approved in accordance with the staff’s recommendation.

OTHER BUSINESS

The following evidentiary hearings are scheduled to take place following the Board’s regularly scheduled meeting:

October 8, 2013 – Alliance Consulting, Pearl River County.

November 12, 2013 – Cleveland Music Foundation, Delta State Golf Course Renovation Project, Bolivar County.

The next Permit Board meeting will be held on September 10, 2013.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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