CLEANTECH AND SMART GRIDS

GOOD MORNING FLINT 1
10/08/09
By Terry Bankert, a Flint Divorce Attorney.

We need a a revolutionary energy invention, now, to be discovered and built in Michigan. But until we find one we must move towards alternative energy with public commitments to allow private energy expansion in Michigan. Our State is on the right path. The new technologies are here and we have committed leadership, though unfortunately term limited.. Cleanthech and smart grids are concepts we should embrace.


HERE IS WHAT YOUR STATE GOVERNMENT SHOULD BE DOING

Take steps to reduce electricity use by 2% a year, and natural gas use by 1.5% a year, through a variety of measures to beef up energy efficiency.

Adopt standards requiring that by 2025, 25% of the state’s electricity to come from renewable sources such as wind turbines, solar power and biomass power plants. The group is recommending that the standard be increased to 30% by 2030.

Adopt new and automatically updating building codes for residential and commercial buildings that would require energy efficiency to be taken into account by architects, developers and builders.

Adopt a low-carbon fuel standard to boost development of locally produced biofuels such as ethanol, biodiesel and next-generation ethanol.

Restructure how electric utilities are regulated to ensure that energy efficiency is in the interest of, rather than counter to, a utility’s profit motive.[j]

GIVE INNOVATION TIME

　
WE NEED A FLEXCAPACITOR[1]

Our economy sure could use the Next Big Thing. Something on the scale of railroads, automobiles or the Internet -- the kind of breakthrough that emerges every so often and builds industries, generates jobs and mints fortunes.[f] Today I am just reacquainting terminology and concepts that may well move our country back to economic prosperity.

MICHIGAN IS ON THE RIGHT PATH

Midwestern governors ratified agreements designed to move the region to embrace energy efficiency and renewable energy, with the aim of creating and retaining jobs in the Midwest at a time of aggressive investment around the world in the clean-tech sector.

The agreements were released in Detroit during the Jobs + Energy Forum hosted by Michigan Gov. Jennifer Granholm, a Democrat.[j] Governor Grandholm and my state representative Lee Gonzales are two driving forces for Michigan to capture the opportunity of emerging new energy technologies.
　
CLEANTECH

Silicon Valley investors are pointing to something called cleantech -- alternative energy, more efficient power distribution and new ways to store electricity, all with minimal impact to the environment -- as a candidate for the next boom.[f] Somebody is working on the real world Flexcapacitor in their garage. What they do not know is that thousands of others are doing the same. Who get technical help, funding and market penetration will pick the next Bill Gates from among them.

ITS TIME FOR PRIVATE INVESTMENT AND PUBLIC INCENTIVES FOR CLEANTECH

Despite last fall's financial meltdown, public and private investments are pouring in, fueling startups and reinvigorating established companies. The political and social climates are favorable. If it takes off, cleantech could seep into every part of the economy and our lives.[a]

A NEW TECHNOLOGY BOOM IS HERE

And while no two booms are exactly alike, some hallmarks are already showing up.[f]
Despite last fall's financial meltdown, public and private investments are pouring in, fueling startups and reinvigorating established companies. The political and social climates are favorable. If it takes off, cleantech could seep into every part of the economy and our lives.[f]

WHAT ARE THESE NEW TECHNOLOGIES

New technologies like electric vehicles, more efficient solar cells, better wind turbines, and smarter batteries are aggressively advancing towards the market.[d]

YOUR CITY AND STATE NEED TO JUMP ON THE ALTERNATIVE ENERGY BANDWAGON

The states need to work together on upgrading the region’s infrastructure to facilitate more green power.[j]

That includes improvements to transmission lines to bring renewable energy to population centers from the windiest areas of the Midwest, in Iowa and Minnesota, [j]

“With a greater emphasis on renewable and on energy efficiency we are going to have to have a smart grid, we are going to have to have a transmission grid that moves from points of major renewable power to places where it’s actually needed, and as we move to a system in the coming years of carbon capture (from coal-fired power plants) we’re going to need infrastructure that does that,” [j]

BOOM HAVE BEGUN IN RECESSIONS, AND WE ARE IN ONE

Some of the biggest booms first blossomed during recessions. The telephone and phonograph were developed during the depression of the 1870s. The integrated circuit, a milestone in electronics, was invented in the recessionary year of 1958. Personal computers went mainstream, spawning a huge industry, in the slumping early 1980s.

A year into the Great Recession, innovation isn't slowing. This time, it's better batteries, more efficient solar cells, smarter appliances and electric cars, not to mention all the infrastructure needed to support the new ways energy will be generated and the new ways we'll be using it.[F]

WILL THE CONSUMERS REACT

Yet for all the benefits that might be spawned by cleantech breakthroughs, no one knows how many jobs might be created -- or how many old jobs might be cannibalized. It also remains to be seen whether Americans will clamor for any of its products.]f]

U.S. TO INVEST 150 BILLION

Still, big bets are being placed. The Obama administration is pledging to invest $150 billion over the next decade on energy technology and says that could create 5 million jobs. This recession has wiped out 7.2 million.[[f]

VENTURE CAPITAL GOING TO CLEANTECH

And cleantech is on track to be the dominant force in venture capital investments over the next few years, supplanting biotechnology and software. Venture capitalists have poured $8.7 billion into energy-related startups in the U.S. since 2006.[f]

CLEANTECH LOOK LIKE THE DOT.COM BOOM DID

That pales in comparison with the dot-com boom, when venture cash sometimes topped $10 billion in a single quarter. But the momentum surrounding clean energy is reminiscent of the Internet's early days. Among the similarities: Although big projects are still dominated by large companies, the scale of the challenges requires innovation by smaller firms that hope to be tomorrow's giants.[f]

REAL CHANGE COMES FROM THE LITTLE GUYS/GALS

"Ultimately IBM and AT&T didn't build the Internet. It was built by Silicon Valley startups," says Bob Metcalfe, an Internet pioneer who now invests in energy projects with Polaris Venture Partners. "And energy is going to be solved by entrepreneurial activity."[f]

COAL BEING TURNED INTO NATURAL GAS

The action is happening at companies like GreatPoint Energy in Cambridge, Mass., which has developed a technique for turning coal into natural gas more cheaply and efficiently than previous methods.[f]

GreatPoint plans to break ground next year on a power plant in Houston that will cost $800 million and create thousands of construction jobs, says its CEO, Andrew Perlman. Dow Chemical Co. and energy giants AES Corp., Suncor Energy Inc. and Peabody Energy are all GreatPoint investors.[f]

"The opportunities," Perlman says, "are staggering."[f]

LITHOUM BATTERIES FOR ELECTGRIC CARS

A123 Systems, a Watertown, Mass., maker of lithium-ion batteries for electric cars, had one of the most lucrative public stock offerings this year, raising $437.5 million. Its stock price jumped more than 50 percent on the first day of trading in September, with investors willing to overlook that the company has yet to make money.[f]

U.S. TO FOCUS ON HYBRID CARS

The Obama administration's promises about cleantech funding have galvanized the industry, reassuring entrepreneurs that they will have paying customers. The administration has said it will focus on putting more hybrid cars on the road, boosting the amount of electricity from renewable sources and investing in ways to cut pollution from coal.[f]

SMART GRIDS

One target is "smart grids." As utilities install digital meters in homes and Americans buy appliances that can communicate with the electric system, individual power consumption can be monitored more closely. People could be cued to dial down appliances such as refrigerators and air conditioners when electricity is in highest demand. Such fine-tuning in millions of homes can reduce the need for new power plants.[f]

WHAT IS A SMART GRID

BW’s Rachael King explains the details behind a buzzword we hear a lot now, the smart grid. In essence, the smart grid would do for power what the Internet did for information: replace a one-way distribution system with a two-way, interactive network.

Government bodies and utility providers are in the early stages of this multibillion-dollar upgrade to transform the existing grid into a two-way network where power and information flow in both directions between the utility and the customer, not just from the provider to the user. [b]

Some call this the first step to governmental rationing.

SELL BACK ENERGY

If the grid is something more like an open network, small producers can sell energy back to utilities. So maybe local farmers have an incentive to generate their own power with solar panels or wind turbines. As King notes, smart meters create opportunities for new technology as well: Software that helps households and businesses reduce their usage at peak times, for example.[b]
　
　
SMART GRID SOFTWARE

At Tendril Networks Inc. of Boulder, Colo., which makes software that links utilities to smart-grid devices in homes, the staff has tripled over the past five months to 90. CEO Adrian Tuck says Tendril could grow even more if some of the $4.5 billion earmarked for smart grids in this year's federal stimulus goes to Tendril's clients.[f]

THE FUTURES BIG CLEANTECH CORPORATIONS ARE TODAY’S STARTUPS

"What we're about to see is every bit as big as the telecom revolution that gave birth to the Internet and cell phones," Tuck says. "It's going to create as many jobs and as much wealth for this country, if they get it right. Big, Google-sized companies are going to be born in this era, and we hope to be one of them."[f]

GOVERNMENT PUSH NEEDED

The government's push for these developments parallels the expansion of railroads in the 19th century, when the government granted blocks of land to companies laying track, says Jack Brown, an associate professor in the University of Virginia's Department of Science, Technology and Society.[F]

WE MUST BE CAREFUL TO NOT PICK WHICH NEW TECHNOLOGY SHOULD DOMINATE,
LET THE PRIVATE SECTOR DO THAT

One difference, Brown points out, is that clean energy is such a vast field that government could make the wrong choice in backing one type of technology over another.[f]

TODAYS BIG CORPORATIONS ARE GETTTING INTO CLEANTECH

It's not just startups getting in the game. General Electric Co. plans to string transmission lines to deliver solar or wind power. Hewlett-Packard Co. is adapting techniques for printer cartridge chips so digital sensors can send data to smart grids.[f]

HOW MUCH WILL THIS HELP OUT ECONOMY

But how much of an economic boost does all this add up to? It's hard to tell -- at least at this stage, without products people actually want to buy.[f]

LASERS WERE HERE BEFORE THE MARKET DECIDED HOW TO MAKE MONEY

The laser, for instance, was a big innovation, but it wasn't clear at first what it could be used for. That's why there wasn't an economic boom in the 1960s from the advent of lasers, even though they ended up driving everything from medical devices to CD players for four decades.[f]

SMART GRIDS WILL HELP TO FIND THE SOLUTION TO CREATING NEW INDUSTRY

Sung Won Sohn, an economics professor at California State University, Channel Islands, believes upgrading electric grids and finding new sources of power will provide steady job growth -- but won't be an economic powder keg.[f]

WILL NEW JOBS BE CREATED

Clean energy projects could simply replace old jobs and functions, like meter-readers. And there's no guarantee new jobs won't shift to countries with cheaper labor.[f]

SOME INNNOVATIONS TAKE A LONG TIME TO CHANGE THE ECONOMY

Some innovations take longer to reveal their economic effects. There are big booms based on specific innovations -- along the lines of railroads, automobiles and the Internet -- and then there are technologies that grow slowly, spawning offshoot industries for entrepreneurs to exploit over decades.[f]

THERE MAY BE SEVERAL STEPS OF INNOVATION NEEDED

For example, the emergence of the integrated circuit led to the development of computer microprocessors, which enabled the PC revolution and in turn the Internet age. [f]

HERE IS WHAT YOUR STATE GOVERNEMTN SHOULD BE DOING

Take steps to reduce electricity use by 2% a year, and natural gas use by 1.5% a year, through a
variety of measures to beef up energy efficiency.

Adopt standards requiring that by 2025, 25% of the state’s electricity to come from renewable sources such as wind turbines, solar power and biomass power plants. The group is recommending that the standard be increased to 30% by 2030.

Adopt new and automatically updating building codes for residential and commercial buildings that would require energy efficiency to be taken into account by architects, developers and builders.

Adopt a low-carbon fuel standard to boost development of locally produced biofuels such as ethanol, biodiesel and next-generation ethanol.

Restructure how electric utilities are regulated to ensure that energy efficiency is in the interest of, rather than counter to, a utility’s profit motive.[j]

GIVE INNOVATION TIME

There's every reason to believe energy technology will fall into the same category, Brown says, but he adds: "It depends on how the bets actually play out."


Posted here by
Terry Bankert 10/08/09
http://www.flintfamilylaw.com/
　
[f]
http://finance.yahoo.com/news/Wheres-the-next-boom-Maybe-in-apf-2624700390.html?x=0
[a]
http://www.google.com/hostednews/ap/article/ALeqM5j53MDIlrHmotdjaXYdajBkk4_RUQD9B5QJOO0
[d]
http://www.dailytech.com/Venture+Capital+150B+Government+Investment+Boost+CleanTech/article16443.htm
[b]
http://www.businessweek.com/smallbiz/running_small_business/archives/2009/10/how_a_smart_gri.html
[j]
http://www.jsonline.com/blogs/business/63689297.html
[1]
A term coined in the movie “ Back to the Future”

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Teachers lose health care options

GOOD MORNING FLINT!
10/07/09 EARLY
BY
Terry Bankert
http://www.flintfamilylaw.com/

Just imagine that you head one of the largest Unions in the town, that recognition of the UAW after a Sit Down strike in your town built the American middle class and you get a letter from the CORPORATION taking away your right to negotiate a major benefit to your Union, a right you had fought for.

WHAT WOULD YOU DO !

I went and reviewed the court file 10/06/09 and in a letter from Attorney Kendall Williams Attorney for the Flint Board of Education to Barbara Bouknight Chief Negotiator for the teachers of Flint I found what happened.

The Williams letter stated generally, On Wed 9/16/09 the Flint Board of Education designated that from this point forward it will be designated as the policy holder for health insurance and associated employee group insurance benefits the District provides to Employees Represented by the MEA and the UTF.

He continued to inform the Union, the district no longer is able to provide health care insurance benefits to UTF bargaining unite members, through MESSA,. He continued the district will provide equivalent coverage through policies to be obtained by the board. He concluded generally sating that this will be achieved at the 11/1/09 open enrollment.

The Union members will have to change insurance companies and the terms of insurance. Members fear possible lapses of coverage, increased copays and those with significant preexisting conditions possibly no coverage at all. This was a negotiated benefits which the Flint Board of Education has breeched.

The Flint teachers union has filed a lawsuit against the Flint School District over changes in health coverage. [m]

In the Genesee County 7th Circuit case 09-092289-Cl assigned to Judge Joseph Farah
The Unites Teaches of Flint and Flint Security Association are seeking an injunction against Flint Community Schools and Board of Education for Flint.

The case was filed 10/05/09 setting a Order to Show Cause Hearing in Judge Farahs Court for 10/26/09 at 10:00 AM.The Flint Board of education Attorney Siebigteroth filed an appearance on 10/06/09 but no answer as of 2:30 PM

Michael K Lee of Southfield represents the UTF and the First Security Associations THE WORKERS. Kendal Williams and Sean Siebigteroff represent the Flint Community Schools and Board of education. THE BIG CORPORATION.

Under the new plan, the school district is the policy holder. The previous plan was through MESSA, an insurance provider established by the Michigan Education Association. [m]

Superintendent Linda Thompson has said the new plan would not change the teachers' health coverage. [m]

Flint teachers union President Michele Stinson said the school board broke an agreement to keep the terms of the current contract in place as both sides work toward a new deal. The group's contract expired in August 2008. [m]

Stinson said teachers are especially concerned that they haven't received details of the new health plan, despite having asked for them. [m]

"I’m scared out of my mind," Flint English teacher Kelli Williams said in a statement from the MEA. "I have a son who needs special medical treatment. Will this new plan provide for that?" [m]

More than a thousand teachers have filed a lawsuit against the Flint School District, asking a judge to stop the district from arbitrarily changing the group’s health insurance and violating the terms of their agreement.[c]

The move by the United Teachers of Flint, which represents more than a thousand employees, comes after the Flint Board of Education voted for a new health plan. [m]

The move comes after the school board voted to force a new health plan on the teachers, despite an agreement to keep the terms of their contract in place as the two sides negotiated a new deal.[c]

"We had a deal to hold to the contract on a day-to-day basis," said United Teachers of Flint President Michele Stinson. "For them to decide to throw that out the window while we’re trying to work out a contract is unconscionable—and illegal."[c]

"We had a deal to hold to the contract on a day-to-day basis," she said. "For them to decide to throw that out the window while we’re trying to work out a contract is unconscionable — and illegal." [m]

THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE workers AND THE big corporation RAN OUT IN 2007.

It was extended 2007 to 2008. On 08/12/09 a day to day contractual extension with cancellation allowed with 14 days notice was entered into.

The Union in the Pleading pointed out the corporation did not give notice of an impasse or intent to stop the day to day extension as required.

The Flint Board of Education is legally obligated to negotiate with the UTF.

On 12-208 the flint Board of education filed for mediation. The UTF on 3-13-09 filed for fact finding on same or similar issues. The fact finding dates are 11-11 &12-09 The CORPORATION jumped the gun by declaring this unilateral action on 9/17/09

One of the biggest worries with the board’s action is that teachers have been given no information about what this new health plan entails, despite repeated requests. [c]

"The school district hasn’t even responded to any of our requests for details of the plan. Members have no idea of the coverage or the cost," said Stinson.[c]

"I’m scared out of my mind. I have a son who needs special medical treatment. Will this new plan provide for that?" asked Flint English teacher, Kelli Williams.[c]

The pleading cited the harm that this change in insurance coverage could cause Ms Eikey and Ms. Love

The United Teachers of Flint will ask a judge to grant them an injunction against the district at a hearing on October 26.[c]

Judge Farah , relying only on the pleading of the WORKERS, has ordered the BIG CORPORATION to appear before him and answer why they should not be held in contempt of court for changing the health care of the WORKERS with out negotiation.

Flint School District officials could not immediately be reached for comment. [m]

In their pleading the WORKERS call this action of the CORPORATION an unfair labor practice.

POSTED HERE
BY
TERRY BANKERT
http://attorneybankert.com/


[c]
http://www.connectmidmichigan.com/news/story.aspx?id=359409
[w]
http://blog.mlive.com/flint-city-beat/2009/10/flint_teachers_suing_school_di.html

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DAD GETS CUSTODY

GOOD MORNING FLINT!
10/3/09
BY
Terry Bankert
　
DAD GETS PHYSICAL CUSTODY. and LEGAL CUSTODY!!!!

MOM HAD UNHEALTHY FOCUS ON HER CHILDREN

FLINT DIVORCE ATTORNEY TERRY BANKERT REVIEWS SEVERAL Issues:
Custody; "Best interest" factors MCL 722.23(b), (d), (g), and (j);
Review of the trial court's factual findings; McCain v. McCain; Fletcher v. Fletcher; Rittershaus v. Rittershaus; Bowers v. Bowers
　
FLINT DIVORCE LAWYER TERRY BANKERT REVIEWS A RECENT DECISION OF THE COURT:

Michigan Court of Appeals (Unpublished), Case Name: Bruns v. Bruns
UNPUBLISHED,September 24, 2009 ,v No. 289312 ,Kent Circuit Court
DENISE MARIE BRUNS, LC No. 00-002680-DM, e-Journal Number: 43859
Judge(s): Per Curiam - Servitto, Fitzgerald, and Bandstra . Additions , opinions and deletions made for presentation here. Consult with an attorney before your rely on its content-trb
　
Concluding the trial court's findings "best interest" factors (b), (d), (g), and (j) favored the plaintiff-father were not against the great weight of the evidence, the court affirmed the trial court's order awarding him legal and physical custody of the parties' minor child.
　
In this case mother challenges the ruling of the lower local county court. How does
The Court of Appeals second guess a local court?

The Michigan Court of Appeals reviews the local trial court’s factual findings under what is called the the great weight of the evidence standard. McCain v McCain, 229 Mich App 123, 125; 580 NW2d 485 (1998); Fletcher v Fletcher, 447 Mich 871, 877; 526 NW2d 889 (1994).

In this case the Michigan Court of Appeals found that none of the challenged
findings by mother were against the great weight of the evidence.

FACTOR B - MCL 722.23(b), “[t]he capacity and disposition of the parties
involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any,”

As to best interest factor (b), the local trial court found while both parties had the capacity to provide the child affection and love, the defendant-mother "'can react to opposition from her children with anger and retaliation to the point of alienating the children from her for an extended period,'" and her emotional ties with the minor child might cause her to view the child "'as a peer, to the point of an emotionally unhealthy enmeshment.'"


The Michigan Court of Appeals concluded the record showed defendant was "verbally, emotionally, and physically abusive to the point of alienating her older children," and she had "an unhealthy focus on her children."


The record , transcripts of the local trial courts proceedings ,further reveals that mother may have difficulty forming friendships, that she has an unhealthy focus on her children, and that she shared “adult problems” with the children.


The Michigan Court of Appeals held the facts did not clearly preponderate in the opposite direction of the local trial court's finding.


FACTOR D - MCL 722.23(d), “[t]he length of time the child has lived in a
stable, satisfactory environment, and the desirability of maintaining continuity,”

The situation involved mother’s undermining of father’s authority with the child.
Defendant mother did not provide any discernible facts to outweigh the trial court's conclusion factor (d) also favored plaintiff father , and the court noted there were several examples of her interfering with father plaintiff's parenting time.

FACTOR G- MCL 722.23 (g) “[t]he mental and physical health of the parties involved,”

As to factor (g), the court concluded defendant relied too much on her psychologist's brief testimony, and noted her psychologist did not prepare a psychological evaluation or dispute any of the findings, conclusions, or recommendations in the psychological evaluation admitted at the evidentiary hearing. A local trial court need not comment on every matter in evidence or declare acceptance or rejection of every proposition argued. Bowers v Bowers, 198 Mich App 320, 328; 497 NW2d 602 (1993).

FACTOR J - MCL 722.23(j), “[t]he willingness and ability of each of the
parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents,”

Regarding factor (j), the court concluded the record contained many examples of defendant's "mental, verbal, and physical abuse; her failure to comply with court orders; and her efforts to undermine father's authority with the children."

[Mother] has consistently demonstrated a high level of hostility toward
[father] to the extent that her inappropriate expression of that hostility in front of
[the child] was a source of concern for school personnel. She has been
substantiated for denying [father] parenting time. [Father] has provided [mother]
with the parenting time ordered by the Court, and has been willing to expand the
amount of time for [mother] to be with [the child] without the necessity of court
involvement.
　
While she provided "a litany of father's transgressions during the history of this case," these facts did not outweigh the trial court's findings as to factor (j). The court held the trial court did not abuse its discretion in deciding to award plaintiff legal and physical custody.

The Michigan Court of Appeals Affirmed the decision of the local trial court.

Dad gets Custody!

Posted here by
Terry Bankert
10/03/09
http://www.flintfamilylaw.com/
---

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