States, Cities and Counties
States, Cities and Counties
News releases, reports, statements and associated documents covering state government, cities and counties.
Featured Stories
White River Energetics Expands in Des Arc, Creates 100 New Jobs
LITTLE ROCK, Arkansas, Sept. 7 -- The Arkansas Economic Development Commission posted the following news from White River Energetics:DES ARC, Ark. (September 6, 2024) - White River Energetics (WRE), an ammunition primer and energetics manufacturer, is expanding its facility in Des Arc, creating 100 new jobs. The company is investing approximately $10 million to expand its existing facility. Additionally, WRE will also make a $60 million dollar investment to build a single base smokeless propellant factory. There is a worldwide shortage of smokeless propellant that is affecting munitions availability ... Show Full Article LITTLE ROCK, Arkansas, Sept. 7 -- The Arkansas Economic Development Commission posted the following news from White River Energetics: DES ARC, Ark. (September 6, 2024) - White River Energetics (WRE), an ammunition primer and energetics manufacturer, is expanding its facility in Des Arc, creating 100 new jobs. The company is investing approximately $10 million to expand its existing facility. Additionally, WRE will also make a $60 million dollar investment to build a single base smokeless propellant factory. There is a worldwide shortage of smokeless propellant that is affecting munitions availabilityglobally.
The expansion and new smokeless propellant facility will create 100 total new jobs at the White River Energetics campus in Des Arc and represents an investment of more than $70 million.
"This smokeless propellant factory will enable us to supply propellant to the global shortage that is affecting munitions availability," said Dan Powers, President and CEO of D&M Holding Company, Inc. "We are proud to have chosen Des Arc for this investment and look forward to adding the additional jobs for the community."
"We are proud of all the people and employees who have worked tirelessly to support WRE and make this happen," said BJ Rogers, Vice President of Operations, D&M Holding Company, Inc. "Having grown up in Des Arc, I'm personally proud to see the successes that have been made with primers and look forward to continued success in the future production of propellant."
The expansion will enable WRE to scale its energetics and primer manufacturing to meet customer demand as well as develop new products. WRE supports domestic and international clients through the manufacture and distribution of energetics for various ammunition types.
"I'm proud of the 100 new jobs and the $70 million investment we are announcing in a small town in Arkansas that I know will have a big impact," said Governor Sanders.
White River Energetics currently has 125 employees at the Des Arc facility. In the past year, the company has added 73 new employees.
"Congratulations to White River Energetics and to the City of Des Arc on this successful economic development project," said Clint O'Neal, executive director of the Arkansas Economic Development Commission. "This project hits the sweet spot in Arkansas: the growth of the firearms and ammunition industry led by innovative entrepreneurs, which is resulting new jobs and investment in a rural community."
The Des Arc facility has 14,000 square-feet of manufacturing space, and the expansion will add 90,000 square feet for White River Energetics' operations. Construction on the expansion is underway and expected to be completed Q1 2026.
"I'm grateful that WRE chose Des Arc as their facility site and extremely excited about this expansion phase that will create approximately 100 new jobs in this area," said Roger Scott, Mayor of Des Arc. "WRE is a remarkable asset to this community. They are very supportive of Des Arc and are involved in the community activities. In this economy, it's important to have local jobs available so our citizens aren't forced to go out of town for employment."
WRE will be hiring for a range of positions in Des Arc. Applications are now open, and individuals can apply for positions by visiting http://www.whiteriverenergetics.com/careers.
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About White River Energetics
White River Energetics, LLC (WRE) is a newly formed and wholly owned subsidiary of D&M Holding Company, Inc. WRE has built a new facility in Des Arc, AR with the objective of manufacturing energetics for the ammunition industry. WRE operates on a foundation of proven processes and is regularly evaluating and implementing new processes and automation to make higher quality and safer energetics.
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About the Arkansas Economic Development Commission
At AEDC, we know economic advancement doesn't happen by accident. We work strategically with businesses and communities to create strong economic opportunities, making Arkansas the natural choice for success. AEDC is a division of the Arkansas Department of Commerce. To learn more, visit ArkansasEDC.com.
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Original text here: https://www.arkansasedc.com/news-events/newsroom/detail/2024/09/06/white-river-energetics-expands-in-des-arc-creates-100-new-jobs
Wash. Utilities & Transportation Commission Issues Letter Involving I Heart Movers
OLYMPIA, Washington, Sept. 7 -- The Washington State Utilities and Transportation Commission issued the following letter (No. TV-240670) on Sept. 6, 2024:* * *
To: I Heart Movers, LLC, 2727 NE 125th St, #10, Seattle, WA 98125
Re: Voluntary Cancellation of THG068176 and Dismissal of Permanent Application TV-230312.
Dear I Heart Movers, LLC:
On September 6, 2024, I Heart Movers, LLC requested that the Washington Utilities and Transportation Commission (Commission) cancel its permit because I Heart Movers, LLC is no longer operating.
Based on the request, the Commission cancels THG068176 and ... Show Full Article OLYMPIA, Washington, Sept. 7 -- The Washington State Utilities and Transportation Commission issued the following letter (No. TV-240670) on Sept. 6, 2024: * * * To: I Heart Movers, LLC, 2727 NE 125th St, #10, Seattle, WA 98125 Re: Voluntary Cancellation of THG068176 and Dismissal of Permanent Application TV-230312. Dear I Heart Movers, LLC: On September 6, 2024, I Heart Movers, LLC requested that the Washington Utilities and Transportation Commission (Commission) cancel its permit because I Heart Movers, LLC is no longer operating. Based on the request, the Commission cancels THG068176 anddismisses the permanent application TV-230312. I Heart Movers, LLC must cease all operations associated with this permit. If you advertise or operate as a household goods mover without a valid permit, the commission may take enforcement action against you.
Please note: You must submit an annual report for that portion of the year in which your company operated. You must also pay the annual regulatory fee if you discontinue operations after the reporting year ends (December 31). If you have questions about annual reports and/or regulatory fees, please contact annualreports@utc.wa.gov or 360-664-1157. For all other questions, please contact Licensing staff at 360-664-1222 or transportation@utc.wa.gov.
To reinstate your permit, download the reinstatement application at http://www.utc.wa.gov. To locate application instructions, type "File Your Transportation Application Electronically" in the site search bar, and select this link. Then, click on the appropriate industry application.
Sincerely,
Patrick Remfrey, Licensing Services Manager
NOTICE: This action is delegated to the Secretary, or the Secretary's delegate, for decision. In addition to serving you this letter, the Commission will post on its website for at least 14 days a list of all matters delegated to the Secretary for decision. You may seek Commission review of this decision. Email your request to Jeff Killip, Executive Director and Secretary, at records@utc.wa.gov. You may also mail your request to 621 Woodland Square Loop SE, Lacey, WA 98503 or PO Box 47250, Olympia, WA 98504-7250. You must file a request for Commission review no later than 14 days after the date of this letter.
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Original text here: https://apiproxy.utc.wa.gov/cases/GetDocument?docID=5&year=2024&docketNumber=240670
N.Y. PSC Issues Ruling Regarding Settlement Process Involving Empire Offshore Wind
ALBANY, New York, Sept. 7 -- The New York State Public Service Commission issued the following ruling regarding settlement process (Case No. 22-T-0346) on Sept. 6, 2024:* * *
Application of Empire Offshore Wind LLC for a Certificate of Environmental Compatibility and Public Need for the Construction of Approximately 12 Miles of Transmission Lines from the Boundary of New York State Territorial Waters to a Point of Interconnection in the Town of Hempstead, Nassau County.
RULING REGARDING SETTLEMENT PROCESS, SCHEDULE, AND DIRECTING FURTHER FILING
ASHLEY MORENO and TARA A. KERSEY, Administrative ... Show Full Article ALBANY, New York, Sept. 7 -- The New York State Public Service Commission issued the following ruling regarding settlement process (Case No. 22-T-0346) on Sept. 6, 2024: * * * Application of Empire Offshore Wind LLC for a Certificate of Environmental Compatibility and Public Need for the Construction of Approximately 12 Miles of Transmission Lines from the Boundary of New York State Territorial Waters to a Point of Interconnection in the Town of Hempstead, Nassau County. RULING REGARDING SETTLEMENT PROCESS, SCHEDULE, AND DIRECTING FURTHER FILING ASHLEY MORENO and TARA A. KERSEY, AdministrativeLaw Judges:
This ruling denies a requested change to the settlement process by Empire Offshore Wind LLC and EW Offshore Wind Transport Corporation (together, Applicant) and directs Applicant to file further information.
Procedural Process
On June 17, 2022, Empire Offshore Wind LLC/1 filed an application (Application) for a Certificate of Environmental Compatibility and Public Need pursuant to Article VII of the Public Service Law seeking to construct, operate, and maintain the New York portion of the transmission facilities required to interconnect its proposed Empire Wind 2 Offshore Wind Generating Facility to a Point of Interconnection with the New York State Transmission System at the Barrett 138-kilovolt (kV) Substation located in Oceanside in the Town of Hempstead, New York (Project). As is relevant here, on May 22, 2024, Applicant filed a letter advising that "it was temporarily suspending settlement discussions in order to conduct analyses of potential alternate routes for the cable routes and locations for the onshore substation" of the Project, stating that it anticipates several months to complete the process, and contending that, because it is not seeking to terminate settlement negotiations, it does not intend to restart the commencement of the 12-month review period required by Public Service Law (PSL) Sec.123(3)(a). Applicant states that "[w]hile settlement discussions are paused, [it] intends to consult with representatives of potential host communities for the purpose of discussing the proprietary rights that may be required for various project routes and with affected New York State agencies for the limited purpose of obtaining environmental and technical baseline information on various potential project routes." Applicant takes the positions that proprietary issues are beyond the scope of Article VII, that discussions with state agencies are limited to information gathering, that the conversations would not involve negotiations concerning issues to be addressed during settlement, and it opines that those discussions should therefore not be subject to the notification requirements of 16 NYCRR 3.9(a) or the Commission's Settlement Guidelines./2 It states that following the conclusion of its analyses and consultations, it will file a supplement to its application and resume settlement negotiations.
By email May 23, 2024, counsel for Department of Public Service trial staff (Staff) sent us and Judge Belsito, the settlement judge, an email, copying all parties, stating that the Applicant "does not make clear how the Applicant will conduct such discussions" it plans to undertake during the break in settlement discussions and requested clarification "whether the Applicant's intended course of action is permissible and consistent under the Commission's regulations and guidance."
The same day, we sent an email to all parties stating that we interpret the Applicant's filing as a motion proposing a change to the procedural process established in this proceeding and advised that any party may respond to the filing no later than May 31, 2024.
Timely responses were filed by Island Park Civic Association - Committee (IPCA Committee), Protect Our Coast - Long Island New York (POC-LINY), Costco Wholesale Corporation (Costco), and the Town of Hempstead (Hempstead)./3 Thereafter, Applicant filed a letter May 31, 2024, responding to the arguments raised.
IPCA Committee opposes the motion, asserting that it would be prejudiced if Applicant were authorized to modify the procedural processes as requested. First, it argues that it may be deprived necessary time to consider and participate in settlement and hearings with respect to any new route or substation location that is proposed. It claims that a new route or substation location may impact new residents, would require time to review and scrutinize any proposal, and alleges that the IPCA Committee would have less time to prepare for either settlement negotiations or litigation than if the Applicant maintained the existing route and process. It further contends that Applicant's proposed schedule would not provide sufficient time to conduct additional public outreach and public statement hearings. Second, IPCA Committee argues that Applicant's proposal that would limit discussions to "proprietary rights" with potential municipal host communities is unrealistic and prejudicial to the parties and public who would be excluded from such discussions and negotiations. IPCA Committee states that although the main purpose of such discussions may be proprietary rights, there would likely be discussion of issues that would ordinarily be addressed in the context of settlement. IPCA Committee states that, if the Applicant wishes to broaden the scope of discussions beyond the parameters of the existing application in a material way, it should withdraw its application and file a new application.
POC-LI opposes Applicant's proposal contending that it violates the Commission's Settlement Rules "because the proposal contemplates communications related to settlement issues and that are not inclusive of, or on notice to, all parties." It states that the Applicant identified alternate routes as within the scope of settlement discussions, that any discussion regarding potential alternate routes therefore must be on notice to all parties and permit reasonable time for preparation, and that Applicant is prohibited from meeting with any non-utility party unless all parties consent otherwise. POC-LI states that Applicant "proposes to benefit from the confidentiality and tolling provisions afforded by 'suspended' settlement status, while flagrantly violating the clear prohibition on ex parte communications provided by Rule 3.9(a) and mandatory Commission Settlement Guidelines." It asserts settlement should continue in compliance with the applicable rules. In the alternative, POC-LI proposes that settlement discussions be terminated, and a litigation schedule be established. Noting that Applicant has terminated its contract with New York State Energy Research and Development Authority and withdrawn from the New York Independent System Operator (NYISO) queue and opining that it "is demonstrably unable to obtain all necessary property rights for its preferred cable route," POC-LI requests adjudication of whether Applicant can obtain necessary property rights and whether the Project is in the public interest. It attached a report to its response, "Economic Analysis of a Potential Empire Two Wind Project Re-Bid Award," as an offer of proof that the Project is not in the public interest.
Village of Island Park opposes Applicant's proposal. It states that Applicant's route is no longer viable "following the Governor's refusal to alienate land required for the Applicant's original route," that pursuant to Public Service Law (PSL) Sec.122 Applicant has an obligation to identify any reasonable alternate location or locations for the facility, and has failed to provide evidence that there are any additional reasonable alternate routes, a description of them, or their comparative merits and detriments. While the Village agrees that discussion of proprietary rights is beyond the scope of Article VII, it argues that the process must be completed prior to the filing of a viable application. The Village contends that Applicant cannot be permitted to continue a process it has not fully perfected and that allowing Applicants to supplement its application with a new route would prejudice the rights of the municipalities and the amount of time provided for the municipalities' consideration of any alternative routes proposed. The Village opines that Applicant should be directed to withdraw its application and refile with the Commission once it can identify any and all reasonable alternate locations and why the primary proposed location is best suited for the facility as required by the PSL.
Costco posits that the Applicant's proposal violates 16 NYCRR 3.9(a) insomuch as it contemplates communications related to settlement issues with and between a select group of potential stakeholders to the exclusion of parties. Costco states that the communications are contrary to the Settlement Guidelines, undermines participation in the process, and "runs afoul of the spirit of the public process." Costco states that the Applicant has only hypothetical onshore routes because its primary route is not feasible, that Applicant should be directed to withdraw its application, and the requested change of procedure should fail.
Town of Hempstead maintains that Applicant lacks standing to engage in settlement conferences, reiterating the position it took in its interlocutory appeal of our April 3, 2024 Ruling./4 It takes a different view than other parties and contends that "continued engagement under the procedural rules governing the Article VII application would undermine confidence and the need for open and full disclosure on matters of public importance." It contends that further discussion should be conducted outside the Article VII process and without the confidentiality restrictions to encourage public engagement and debate.
In response, Applicant states that, in consideration of "strong community opposition" to its proposed route, it wishes to explore "a variety of alternate routes" that would require additional environmental and land use analysis prior to development. Applicant argues that it should be free to engage in consultations similar to those that it engaged in prior to the filing of an application because it would expedite the processing of formulating a new proposed route for the Project and that inclusion of all parties would hinder that process by increasing the time required for the development of any such proposal. Applicant argues that no party will be deprived the right to participate in settlement negotiations because any revised route would be filed with the Commission and served on all parties.
Applicant further argues that the Commission's Settlement Rules do not apply to the consultations that it envisions. It notes that the Commission's Settlement Rules are applicable when there is potential to settle issues, regardless of whether there is a pending proceeding, or outside the context of a formal proceeding or in anticipation of a formal filing. It states that the conversations it intends to engage in are limited to information gathering, that the Commission's rules are not intended to "interfere with the ability of developers to obtain the baseline environmental and technical information required to prepare their Article VII applications or to revise such applications once filed," that bringing "such consultations within the scope of the Commission's settlement rules would serve no legitimate purpose and would instead serve only to impose further burdens and delays on the development of the transmission facilities required to achieve New York's clean energy agenda" and contends that to do contrary would violate the requirement of the First Amendment to the United States Constitution that "Congress shall make no law ... abridging ... the right of the people ... to petition the Government for a redress of grievances."
Ruling
Article VII establishes a time frame to bring a proposed project before the Commission for final decision./5 As is the case here, where the parties are engaged in settlement negotiations, that time is tolled./6 In the instant case, Applicant seeks to "pause" settlement discussions so as to continue to toll the time to bring this case before the Commission, while it undertakes further study to determine whether any additional reasonable alternate routes and substation locations exist. Applicant's request would maintain its Article VII application pending before the Commission and hold the proceedings in abeyance for an undefined amount of time. As an initial matter, as suggested by our treatment of Applicant's letter as a motion, we do not find that Applicant has the unilateral authority to hold the proceeding in abeyance as its original letter would suggest. Rather, we are charged with overseeing the procedural processes, including overseeing the development of a schedule to timely bring the matter before the Commission and any requests to delay the proceedings must be directed to the judges. We do not find that it is reasonable nor equitable to the parties and potentially affected communities and landowners to hold this proceeding in abeyance indefinitely and the request is denied.
The question raised by DPS Staff and the main issue in contention in the parties' responses is whether Applicant's proposal to consult with and engage in discussions with state agencies and potential host communities regarding potential alternate cable routes and substation locations, without providing notice and a reasonable opportunity to participate in those consultations and discussions, would violate the Commission's Settlement Rules. We find that it does. In consideration that settlement has not concluded, what the Applicant proposes is to caucus with certain state agency and municipal parties, and potentially new municipal parties, without the consent of the other parties. In its Opinion, Order and Resolution Adopting Settlement Procedures and Guidelines, the Commission stated that "caucuses between utility and nonutility parties without notice to all are too susceptible to appearances of impropriety to be tolerated. The settlement process must be an open one, offering all parties the opportunity to participate meaningfully in settlement discussions; private meetings between non-utility and utility parties give the opposite impression and will not be authorized."/7 The Settlement Guidelines state that "if a utility is involved in a caucus with any non-utility party, all parties must be notified of the meeting and allowed to attend, unless all parties consent otherwise."8 Here, there is vociferous opposition by many of the parties to private discussions between Applicant and other entities. In the absence of consent of all parties, such caucus between Applicant and any existing or potential party is not permissible and violates the intent of the Settlement Rules and the Guidelines.
The rationales that Applicant advances that these consultations are permissible as merely information gathering or concerning property rights and therefore outside of the scope of the Article VII proceeding are unavailing. As POC-LI and other parties point out, the scope of settlement discussions, as identified by Applicant, include alternate transmission and substation locations. To the extent Applicant wishes to engage in soliciting information from state agencies regarding areas within their respective purviews, there is no reason such information cannot likewise be shared with the parties in the context of settlement. Applicant opines that discussions with potential municipalities regarding proprietary rights are outside the scope of the Commission's jurisdiction and the Article VII process. Discussions to determine whether a municipality may be inclined to grant proprietary rights are entwined with the pending Article VII review process. By the Applicants own admission such consultations would be for the purpose of identifying a new alternate route to supplement its Application. Reasonable alternate routes are the subject of settlement negotiations and so long as the Application is pending, any such conversations must be appropriately noticed to interested parties with the opportunity to participate in those conversations pursuant to 16 NYCRR 3.9(a). We are also unpersuaded by Applicant's statement that to conduct such consultations and conversations in the context of settlement would be delayed due to the numerous parties participating in this case. Judge Belsito is appointed as settlement judge and can assist the parties to ensure the process advances smoothly.
Both the Applicant and POC-LI acknowledge that the Settlement Rules apply even in the absence of a formal proceeding./9 The Applicant argues that, because Article VII applicants are not required to notice such discussion before filing an application, it is suggestive that such consultation and information-gathering conversations it proposes are exempt from the Settlement Rules. However, the circumstances are completely dissimilar. As stated by the Commission, "[t]he regulations assign to the utility the responsibility to determine the interested parties when no case is pending." Where a potential Article VII applicant is meeting to engage in consultations with entities for the purpose of gathering information or in discussion of the potential for engaging certain land rights, that potential applicant has not yet developed a preferential route and therefore cannot define those entities that may be interested. Here, there is a formal proceeding with a defined set of interested parties and defined Project and the Settlement Rules are applicable.
With regard to other arguments raised by the parties, we have considered the arguments and find them to be either without merit or unnecessary to address in light of our determination herein.
As we noted above, we do not find it reasonable nor equitable to hold this proceeding in abeyance indefinitely. The parties have been engaged in settlement discussions since February, 2023 and have been in settlement discussion regarding all issues, including the onshore portion of the Project, since September, 2023. Those discussions have not resulted in any agreements for the Commission's considerations. In consideration of the significant time the parties spent engaged in settlement without any reported progress, we no longer find settlement negotiations to be in the public interest. Consequently, the settlement negotiations are now concluded, and we instead adopt the below litigation schedule to timely bring this matter before the Commission for decision.
Milestone ...Date
Identification of Issues for Adjudication ...October 16, 2024
Staff and Intervenor Testimony ...November 26, 2024
Rebuttal Testimony ...December 13, 2024
Commencement of Evidentiary Hearing ...January 6, 2025
Parties intending to file testimony must file statements describing the issues they propose to develop and identify the required finding in PSL Sec.126 to which the topic relates.
Project Interconnection
In a letter filed by the Applicant on May 1, 2024, Applicant stated that it planned to submit a new interconnection request to the NYISO on or about August 1, 2024. Applicant is directed to file a letter with the Secretary no later than close of business September 13, 2024, providing the date of any such submission to the NYISO and identifying any points of interconnection for which it seeks NYISO authorization. To the extent such request has not yet been submitted, Applicant is directed to identify the date by which such request will be made, along with the identification of any interconnection points for the Project and, when such submission is finally made with the NYISO, Applicant is required to file a letter with the Secretary providing the date the request was made and identifying any points of interconnection for which it seeks NYISO authorization.
(SIGNED)
ASHLEY MORENO
(SIGNED)
TARA A. KERSEY
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Footnotes:
1/ On February 14, 2023, Empire Offshore Wind LLC requested that the Commission accept a supplement to its Article VII Application in this proceeding to add EW Offshore Wind Transport Corporation as a co-applicant.
2/ Cases 90-M-0255 and 92-M-0138, Settlement Process and Rules, Opinion 92-2 (issued March 24, 1992), Appendix B.
3/ While they did not file responses to the motion, between May 27 and May 31, 2024, individual intervenors Kristen Donovan, Debbie Slott, Christina Tisi-Kramer, Boris Livshiz, Noel Donohue, Mike Dean, Lucy Smorto, Patricia Beaumont, Caren Riskin, Hal Riskin, and Kathleen Sullivan served us and all parties with emails indicating they shared the questions and concerns raised in correspondence from counsels for Staff and Protect Our Cost - Long Island New York (POC-LINY). They each opposed Applicant's proposal to conduct analyses and consultations outside the settlement process, and some stated their opinion that to do so may cause conflicts among stakeholders with different interests and may affect the outcome of the process. Those individuals state that discussions related to the Project route should remain transparent and inclusive and that to do otherwise would undermine confidence in the process.
4/ See Town of Hempstead Interlocutory Appeal (filed April 17, 2024).
5/ PSL Sec.123(a).
6/ Id.
7/ Cases 90-M-0255 and 92-M-0138, supra, Opinion 92-2, p. 15.
8/ Id., Appendix B, p. 4.
9/ 16 NYCRR 3.9(c).
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Original text here: https://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId={203DC891-0000-C010-913E-3C94C3B40E17}
Governor Newsom Issues Legislative Update 9.6.24
SACRAMENTO, California, Sept. 7 -- Gov. Gavin Newsom, D-California, issued the following news release on Sept. 6, 2024:Governor Gavin Newsom today announced that he has signed the following bills:
* AB 1170 by Assemblymember Avelino Valencia (D-Anaheim) - Political Reform Act of 1974: filing requirements.
* AB 1770 by the Committee on Emergency Management - Emergency services: Alfred E. Alquist Seismic Safety Commission: seismic mitigation and earthquake early warning technology.
* AB 2094 by Assemblymember Heath Flora (R-Modesto) - Alcoholic beverage control: public community college stadiums: ... Show Full Article SACRAMENTO, California, Sept. 7 -- Gov. Gavin Newsom, D-California, issued the following news release on Sept. 6, 2024: Governor Gavin Newsom today announced that he has signed the following bills: * AB 1170 by Assemblymember Avelino Valencia (D-Anaheim) - Political Reform Act of 1974: filing requirements. * AB 1770 by the Committee on Emergency Management - Emergency services: Alfred E. Alquist Seismic Safety Commission: seismic mitigation and earthquake early warning technology. * AB 2094 by Assemblymember Heath Flora (R-Modesto) - Alcoholic beverage control: public community college stadiums:City of Bakersfield.
* AB 2436 by Assemblymember Juan Alanis (R-Modesto) - Cattle: inspections: fees.
* AB 2721 by the Committee on Agriculture - Food and agriculture: omnibus bill.
The Governor also announced that he has vetoed the following bill:
* AB 1840 by Assemblymember Dr. Joaquin Arambula (D-Fresno) - Home Purchase Assistance Program: eligibility. A veto message can be found here (https://www.gov.ca.gov/wp-content/uploads/2024/09/AB-1840-Veto-Message.pdf).
For full text of the bills, visit: http://leginfo.legislature.ca.gov.
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Original text here: https://www.gov.ca.gov/2024/09/06/governor-newsom-issues-legislative-update-9-6-24/
Gov. Abbott: Operation Lone Star Arrest Drug, Human Smugglers In Texas
AUSTIN, Texas, Sept. 7 -- Gov. Greg Abbott, R-Texas, issued the following news release:Governor Greg Abbott, the Texas Department of Public Safety (DPS), and the Texas National Guard continue to work together to secure the border; stop the smuggling of drugs, weapons, and people into Texas; and prevent, detect, and interdict transnational criminal activity between ports of entry.
Since the launch of Operation Lone Star, the multi-agency effort has led to over 518,900 illegal immigrant apprehensions and more than 46,300 criminal arrests, with more than 40,200 felony charges. In the fight against ... Show Full Article AUSTIN, Texas, Sept. 7 -- Gov. Greg Abbott, R-Texas, issued the following news release: Governor Greg Abbott, the Texas Department of Public Safety (DPS), and the Texas National Guard continue to work together to secure the border; stop the smuggling of drugs, weapons, and people into Texas; and prevent, detect, and interdict transnational criminal activity between ports of entry. Since the launch of Operation Lone Star, the multi-agency effort has led to over 518,900 illegal immigrant apprehensions and more than 46,300 criminal arrests, with more than 40,200 felony charges. In the fight againstthe fentanyl crisis, Texas law enforcement has seized over 521 million lethal doses of fentanyl, enough to kill every man, woman, and child in the United States and Mexico combined during this border mission.
Texas has decreased illegal crossings into the state by 85% due to our historic border security mission. Fewer illegal crossings into Texas means fewer migrants to transport to sanctuary cities. Since the start of Texas' transportation program, the state has transported:
* Over 12,500 migrants to Washington, D.C. since April 2022
* Over 45,900 migrants to New York City since August 2022
* Over 36,900 migrants to Chicago since August 2022
* Over 3,400 migrants to Philadelphia since November 2022
* Over 19,200 migrants to Denver since May 2023
* Over 1,500 migrants to Los Angeles since June 2023
Operation Lone Star continues to fill the dangerous gaps created by the Biden-Harris Administration's refusal to secure the border. Every individual who is apprehended or arrested and every ounce of drugs seized would have otherwise made their way into communities across Texas and the nation due to President Joe Biden and Vice President Kamala Harris' open border policies.
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RECENT HIGHLIGHTS FROM OPERATION LONE STAR:
Governor Abbott: Vice President Harris Wants To Roll Out The Red Carpet For More Illegal Immigration
Earlier this week on X, formerly known as Twitter, Governor Abbott condemned Vice President Harris' border policies, pointing to her support for taxpayer-funded healthcare for illegal immigrants, the complete abolishment of ICE, and decriminalizing illegal crossings as factors that invite more illegal immigration into Texas and America.
America cannot afford four more years of the Biden-Harris Administration's reckless open border policies.
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Governor Abbott: Texas National Guard Use Night Vision Technology To Secure The Border
Yesterday, Governor Abbott shared photos of Texas National Guard soldiers using night vision goggles, thermal trackers, and various night vision technology to assist law enforcement partners in detecting and apprehending illegal immigrants hiding in desert areas.
Soldiers will continue to work around the clock to secure our border.
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Border Czar Banks: Provides Update On Texas' Border Security Efforts To Three Attorneys General In El Paso
Texas' Border Czar Mike Banks on Wednesday joined the Attorneys General from Georgia, South Carolina, and Virginia to give them an update on the state's comprehensive border security efforts along the Texas-Mexico border in El Paso.
Texas will continue to work with partner states to end the border crisis created by the Biden-Harris Administration.
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WATCH: DPS Busts Stash House In Starr County (https://www.youtube.com/watch?v=J777czyxjEo&themeRefresh=1)
DPS troopers recently recovered a dozen illegal immigrants in a stash house in Starr County. The group of 12 were from El Salvador, Guatemala, Honduras, and Mexico. One of the illegal immigrants found inside, Eliuth Gomez-Cavazos from Mexico, was arrested and charged with operating the stash house.
Additionally, Giovany Abiel Lugo Gomez, an illegal immigrant from Mexico who was waiting in a vehicle outside of the home, was arrested and charged with smuggling of persons. The 11 other illegal immigrants were referred to Border Patrol.
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WATCH: DPS Discovers 17 Illegal Immigrants Crammed Inside Hidden Compartment In Cloned Delivery Truck (https://www.youtube.com/watch?v=h-8IAAIZ38Q)
Last week, a DPS trooper conducted a traffic stop on what appeared to be a Lowe's Home Improvement Store delivery truck on US-277 outside of Del Rio. During the stop, the trooper saw discrepancies with the driver's travel itinerary and noticed the driver demonstrating strange behavior. After the driver consented to a vehicle search, troopers discovered 17 illegal immigrants crammed inside a three-foot wide space with no air ventilation.
The driver, Cezanne Megel Patterson, 28, of Jackson Mississippi, was arrested and charged with smuggling of persons with the likelihood of serious bodily injury or death.
The group of 17 illegal immigrants were from Columbia, the Dominican Republic, El Salvador, Guatemala, Honduras, and Mexico. All 17 were referred to Border Patrol.
Read more about the traffic stop here (https://www.dps.texas.gov/news/dps-discovers-17-illegal-immigrants-crammed-inside-hidden-compartment-cloned-delivery-truck).
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DPS Arrests Human Smuggler After High-Speed Pursuit In Kinney County
A DPS trooper was led on a high-speed pursuit this week after attempting to stop a Ford truck for a traffic violation on US-277 in Kinney County. After driving through a ranch fence, the driver and multiple occupants bailed out of the vehicle. The driver, Darvin Baudillo Torres Morales, an illegal immigrant from Guatemala, was arrested and charged with human smuggling and evading arrest.
It was discovered that Torres Morales was granted a notice to appear on Jan. 25, 2024, and was released by federal authorities for a future immigration hearing. Three illegal immigrants from Ecuador and Mexico were also apprehended and referred to Border Patrol.
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Texas National Guard Assists In Arrests Of Two Suspected Drug Smugglers
Texas National Guard soldiers working on Operation Lone Star assisted local and state law enforcement officers in the arrest of two international drug smugglers last week.
Sheriff's deputies stopped a vehicle that they suspected was being used for drug trafficking. After a pursuit, the suspects bailed out of the vehicle and fled on foot. Texas National Guard soldiers assigned to Task Force West responded and assisted law enforcement in apprehending and arresting the suspects. Police officers searched the vehicle and uncovered both methamphetamine and cocaine.
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Original text here: https://gov.texas.gov/news/post/operation-lone-star-arrest-drug-human-smugglers-in-texas
Calif. PUC Issues Proposed Resolution Involving Southern California Edison
SACRAMENTO, California, Sept. 7 -- The California Public Utilities Commission issued the following proposed resolution (No. E-5349) on Sept. 6, 2024:* * *
Southern California Edison Company's Modification to Various Demand Response Tariffs.
PROPOSED OUTCOME:
* Approves, subject to further Advice Letter filing directed herein, Southern California Edison Company (SCE) Advice Letters 5237-E and 5237-E-A modifying various demand response tariffs.
* This Resolution directs SCE to submit a Tier 2 advice letter within 30 days of the issuance of this Resolution, proposing updated incentive rate factors ... Show Full Article SACRAMENTO, California, Sept. 7 -- The California Public Utilities Commission issued the following proposed resolution (No. E-5349) on Sept. 6, 2024: * * * Southern California Edison Company's Modification to Various Demand Response Tariffs. PROPOSED OUTCOME: * Approves, subject to further Advice Letter filing directed herein, Southern California Edison Company (SCE) Advice Letters 5237-E and 5237-E-A modifying various demand response tariffs. * This Resolution directs SCE to submit a Tier 2 advice letter within 30 days of the issuance of this Resolution, proposing updated incentive rate factorsfor its Summer Discount Plan (SDP) and Agricultural & Pumping Interruptible (AP-I) programs.
SAFETY CONSIDERATIONS:
* There are no safety considerations associated with this resolution.
ESTIMATED COST:
* There are no costs associated with this resolution.
By Advice Letters SCE 5237-E and SCE 5237-E-A Filed on 2/28/2024 and 4/16/2024, respectively.
SUMMARY
This Resolution authorizes certain changes to Southern California Edison Company's (SCE) Summer Discount Plan (SDP), Base Interruptible Program (BIP) and Agricultural & Pumping Interruptible (AP-I) programs, as proposed in SCE Advice Letters 5237-E and 5237-E-A.
The following proposed changes are approved:
* Changes to BIP and AP-I enrollment and retention conditions
* Changes to BIP and AP-I reliability cap and lottery system
* Removal of event days for incentive calculations
This Resolution also directs SCE to submit a Tier 2 advice letter within 30 days of the issuance of this Resolution, proposing updated incentive rate levels for SDP and AP-I.
The calculation of updated incentive rate levels shall incorporate the use of accurate and current variables, including but not limited to a reduction of the Planning Reserve Margin (PRM) adder from 9% to 0% consistent with D.23-06-029.
BACKGROUND
Procedural History
On May 2, 2022, SCE filed Application (A.) 22-05-004 ("Application") seeking authorization of its 2024-2027 Demand Response (DR) portfolio.
On December 20, 2023, the Commission issued Decision (D.) 23-12-005 ("Decision")./1 The Decision approved certain changes to SCE's BIP and AP-I Programs. It also approved SCE's proposed incentive changes for its SDP Program and AP-I Program.
The Decision directed SCE to submit a Tier 2 advice letter by February 28, 2024, implementing tariff changes and implementation procedures authorized in the Decision./2
On February 28, 2024, SCE filed AL 5237-E to implement the corresponding tariff changes approved in D.23-12-005.
On April 16, 2024, SCE filed supplemental AL 5237-E-A.
Summary of Advice Letter 5237-E
SCE submitted Advice Letter 5237-E to update its Schedule D-SDP, Domestic-Summer Discount Plan; Schedule GS-APS-E, General Service - Automatic Powershift - Enhanced; Schedule TOU-BIP, Time-Of-Use Base Interruptible Program; and Schedule AP-I, Agricultural and Pumping Interruptible.
Rate Factor Changes for SDP and AP-I Programs
SCE proposes in AL 5237-E to update incentive rates for the Summer Discount Plan (SDP) and Agricultural Pumping-Interruptible Program (AP-I) as summarized in the following tables:
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[View tables in the link at bottom.]
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SCE also proposes to correct language in Schedule GS-APS-E to reflect that credits are applied per Summer Day rather than Summer Month.
Other Tariff Changes for BIP and AP-I Programs
SCE proposes to modify provisions in Schedule TOU-BIP regarding year-round enrollment to require customers that enroll in BIP after July 1 on a given year to remain enrolled through November of the following year. This results in a maximum required period of 17 months versus the maximum 20-month requirement in the current tariff.
SCE proposes to modify the provisions in Schedules TOU-BIP and AP-I regarding the reliability cap lottery. SCE proposes to continue the temporary three percent reliability cap in Schedule TOU-BIP for 2024 through 2025, then re-implement the lottery system as needed when the reliability cap reverts to two percent of the CAISO all-time system peak in 2026. SCE states that beginning in 2026, when it is anticipated that SCE's available capacity will reach 95% of SCE's allocation of the reliability cap, SCE will utilize the lottery prioritization adopted in D.18-11-029. SCE states it will also make these changes to Schedule AP-I, as any changes to the reliability cap and reliability cap lottery system should apply to all reliability demand response resources. SCE proposes to modify Schedule TOU-BIP to correct the process for Firm Service Level (FSL) decreases subject to the proposed resource allocation provisions of the existing tariff.
SCE also proposes to modify Schedules TOU-BIP and AP-I to remove event days from the incentive calculation. SCE will modify the tariffs' Rates sections for Directly Enrolled Customers and Aggregators to reflect the removal of event days from BIP and AP-I bill credit calculations.
SCE states that it is making necessary updates to its billing system to support the approved changes to the incentive calculations, which are expected to be completed by December 1, 2024. SCE proposes the changes to Schedules TOU-BIP and AP-I related to the removal of event days from incentive calculations reflect a December 1 effective date. SCE also proposes that if it completes the changes to its billing system sooner, it will submit a Tier 1 advice letter to make the tariff changes effective at an earlier date.
During the demand response application proceeding (A.22-05-002 et al.), prior to the issuance of D.23-12-005, the Commission issued D.23-06-029 in the Resource Adequacy proceeding (Rulemaking (R).21-10-002). In D.23-06-029, the Commission eliminated the 9% PRM adder for demand response resources./3
D.23-06-029 was issued on July 5, 2023. Opening briefs in A.22-05-002 et al. were filed on July 14, 2023. Reply briefs in A.22-05-002 et al. were filed on August 11, 2023. During the five weeks between the issuance of D.23-06-029 and the submission of reply briefs in A.22-05-002 et al., SCE did not seek to update incentive calculations based on the removal of the PRM adder.
Summary of Advice Letter 5237-E-A
SCE's supplemental advice letter makes a change to the effective date originally proposed for Advice Letter 5237-E. SCE proposes that the requested effective date for tariff changes be moved from March 29, 2024, to June 1, 2024.
NOTICE
Notice of SCE AL 5237-E and SCE AL 5237-E-A were made by publication in the Commission's Daily Calendar. SCE states that copies of both Advice Letters were mailed and distributed in accordance with Section 4 of General Order 96-B.
PROTESTS
Advice Letters SCE 5237-E and SCE 5237-E-A were not protested.
DISCUSSION
Rate Factor Changes
SCE proposes in AL 5237-E to update incentive rate factors for the residential and commercial Summer Discount Plan (SDP) and Agricultural Pumping-Interruptible Program (AP-I).
The proposed incentive rate factors are consistent with the rates proposed in opening testimony to A.22-05-004./4 The proposed incentive rates for AP-I were found by D.23-12-005 to be reasonable "based on adjusted inputs as calculated by SCE" and approved./5 The proposed incentive rate factors for SDP are not directly approved in D.23-12-005, however, the policy adder for commercial customers which was proposed by SCE is discussed and approved in D.23-12-005. According to that Decision, the policy adder is intended to make the percent change in incentive levels for commercial customers match the percent change in incentive levels for residential customers./6 Based on calculations submitted in SCE's opening testimony, incentive levels for residential customers would decrease approximately 11% from current levels based on inputs to SCE's formula for calculating incentive levels. Calculated incentive levels for commercial customers based on updated inputs would have resulted in a 63% decrease relative to current incentive levels./7 The policy adder proposed by SCE was approved and incentives for commercial customers were thereby authorized to instead be decreased by 11%, matching the decrease for residential customer incentive levels./8
The Commission's approval of updated incentive levels for AP-I and SDP was premised on the Commission's analysis that SCE had accurately calculated incentive levels using the methodology described in its opening testimony to A.22-05-004. According to that testimony, the first step in calculating these incentives is to determine the avoided capacity cost associated with a demand response program./9 One of the inputs used by SCE to calculate BIP, SDP and AP-I incentive rates is the avoided generation capacity cost, including a 9% adder corresponding to the Planning Reserve Margin (PRM) adder that was applied to demand response resources at the time that SCE submitted its Application./10
We find that the calculations submitted by SCE, upon which the Commission relied in developing D.23-12-005, were based on an outdated input and therefore erroneous. As a result, the incentive rate factors submitted by SCE for SDP and AP-I were not in compliance with Commission policy upon issuance of D.23-06-029. We further find that SCE made no discernible effort to update its submitted testimony, even though it had notice (via issuance of D.23-06-029) and opportunity to do so while the record remained open in A.22-05-022 and despite being notified by ED staff in August 2023./11 Given the foregoing, we find that the incentive rate factors proposed by SCE in the Advice Letter fail to comply with D.23-06-029 and cannot be approved. Accordingly, the updates to AP-I and SDP incentive rate factors proposed by SCE in AL 5237-E are denied.
We note that SCE uses a similar calculation methodology for BIP incentive rate factors as it does for SDP and AP-I. Energy Division recently approved SCE AL 5238-E-A, which correctly incorporated the removal of the PRM adder for BIP resources into SCE's calculations.
SCE is directed to submit a Tier 2 Advice Letter within 30 days of the issuance of this Resolution, proposing updated incentive levels for SDP and AP-I. The calculation of updated incentive levels shall incorporate the use of accurate and current variables, including but not limited to a reduction of the PRM adder from 9% to 0% consistent with D.23-06-029.
BIP Enrollment
SCE's advice letter proposes changes to the BIP enrollment and retention conditions to require customers who enroll in BIP after July 1 on a given year to remain enrolled through November of the following year. This proposal complies with D.23-12-005./12 SCE's implementation of the enrollment and retention changes to BIP is approved.
Reliability Cap and Lottery System
D.23-12-005 determined that the lottery is not needed while the three percent reliability cap is in place./13 The Decision also stated that a three percent cap through 2025 will allow for potential growth in emergency DR resources./14 SCE proposes to use the current three percent reliability cap in BIP and AP-I for 2024 and 2025, then reimplement the lottery system as needed when the reliability cap reverts to two percent of the CAISO all-time system peak in 2026. SCE proposes modifying the BIP tariff to correct the process for new customer enrollments and for Firm Service Level (FSL) decreases by existing customers subject to these resource allocation provisions. SCE's proposed tariff changes regarding the reliability cap and lottery system comply with D.23-12-005 and are approved.
Removal of Event Days from Incentive Calculations
SCE proposes to modify incentive calculations for BIP and AP-I customers to exclude event days from those calculations. Specifically, SCE proposes to remove days on which a BIP or AP-I event gets triggered from the calculation of monthly incentives. The Decision authorizes SCE to make this change to fix an oversight in which BIP and AP-I participants have their incentive amounts reduced because the event reduces their monthly average load, which is used to calculate the monthly incentive payment./15 SCE's proposed modification to remove event days from BIP and AP-I incentive calculations is compliant with D.23-12-005 and approved.
Effective Date for Tariff Changes
SCE proposes the changes to Schedules TOU-BIP and AP-I related to the removal of event days from incentive calculations reflect a December 1 effective date. SCE's supplemental advice letter proposes an effective date of June 1, 2024, for rate factor changes, in part to avoid a retroactive effective date. As this date has passed, SCE's tariff changes proposed for June 1, 2024, will be made effective on the issuance date of this Resolution. SCE's changes to BIP and AP-I related to the removal of event days from incentive calculations will be made effective on December 1, 2024.
COMMENTS
Public Utilities Code section 311(g)(1) provides that this Resolution must be served on all parties and subject to at least 30 days public review. Any comments are due within 20 days of the date of its mailing and publication on the Commission's website and in accordance with any instructions accompanying the notice. Section 311(g)(2) provides that this 30-day review period and 20-day comment period may be reduced or waived upon the stipulation of all parties in the proceeding.
The 30-day review and 20-day comment period for the draft of this resolution was neither waived nor reduced. Accordingly, this draft resolution was mailed to parties for comments and will be placed on the Commission's agenda no earlier than 30 days from today.
FINDINGS
1. Southern California Edison Company (SCE) submitted opening testimony in Application (A.) 22-05-004 on May 2, 2022.
2. The incentive calculation methodology proposed by SCE for its Summer Discount Plan (SDP) and Agricultural & Pumping Interruptible (AP-I) programs incorporated the use of a 9% adder, corresponding to the Planning Reserve Margin (PRM) adder which was in effect at the time that SCE's opening testimony was submitted.
3. Decision (D.) 23-06-029, issued on July 5, 2023, removed the 9% PRM adder for demand response resources.
4. Neither SCE nor any intervenor in A.22-05-004 sought to correct SCE's proposed incentive rate factors to correct for the Commission's removal of the PRM adder prior to the submission of reply briefs in that proceeding.
5. The Commission did not have complete and accurate information from SCE about SDP and AP-I incentive rate factors at the time that the record was closed for A.22-05-004.
6. It is reasonable to deny the incentive rate factors proposed by SCE in Advice Letter 5237-E and direct SCE to propose new incentive rate factors based on updated and correct inputs.
7. SCE's proposed enrollment and retention changes to BIP are consistent with D.23-12-005.
8. SCE's proposed program changes regarding the BIP and AP-I reliability cap and lottery system are consistent with D.23-12-005.
9. SCE's proposal to remove event days from BIP and AP-I incentive calculations is consistent with D.23-12-005.
THEREFORE IT IS ORDERED THAT:
1. Southern California Edison (SCE) Advice Letter 5237-E and supplemental Advice Letter 5237-E-A are largely approved as provided herein, subject to further Advice Letter filing as discussed above and below.
2. SCE is directed to submit a Tier 2 Advice Letter within 30 days of the issuance of this Resolution, proposing updated incentive rate levels for its Summer Discount Plan (SDP) and Agricultural & Pumping Interruptible (AP-I) programs. The calculation of updated incentive rate levels shall incorporate the use of accurate and current variables, including but not limited to a reduction of the Planning Reserve Margin adder from 9% to 0% consistent with D.23-06-029.
3. SCE's tariff changes proposed for June 1, 2024, will be made effective on the issuance date of this Resolution.
4. SCE's proposal to remove event days from BIP and AP-I incentive calculations will be made effective on December 1, 2024.
This Resolution is effective today.
I certify that the foregoing resolution was duly introduced, passed, and adopted at a conference of the Public Utilities Commission of the State of California held on October 17, 2024, the following Commissioners voting favorably thereon:
Rachel Peterson, Executive Director
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Original text plus tables and footnotes here: https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M539/K816/539816570.PDF
AG Review of Non-Fatal Jan. 2024 Police Shooting by Lansing Officer: No Charges for Self Defense
LANSING, Michigan, Sept. 7 -- Michigan Attorney General Dana Nessel issued the following news release on Sept. 6, 2024:Today, the Department of Attorney General announced it has concluded the review of the non-fatal January 10th, 2024 officer-involved shooting of Zachary Duling, 31, of Lansing, without issuing charges against the Lansing Police Department (LPD) Officer, who acted in self-defense. It is the policy of the Ingham County Prosecutor's Office to request the Department of Attorney General review shootings by officers in Ingham County for the possibility of misconduct or criminal wrongdoing.
On ... Show Full Article LANSING, Michigan, Sept. 7 -- Michigan Attorney General Dana Nessel issued the following news release on Sept. 6, 2024: Today, the Department of Attorney General announced it has concluded the review of the non-fatal January 10th, 2024 officer-involved shooting of Zachary Duling, 31, of Lansing, without issuing charges against the Lansing Police Department (LPD) Officer, who acted in self-defense. It is the policy of the Ingham County Prosecutor's Office to request the Department of Attorney General review shootings by officers in Ingham County for the possibility of misconduct or criminal wrongdoing. OnJanuary 10th, 2024, a Jackson County Sheriff's Deputy located wanted suspect Zachary Duling's vehicle at his residence in downtown Lansing. Duling had twice fled from police one week earlier in Jackson County, and police had since been trying to locate him. The Deputy recruited assistance of local Lansing Police officers, including Officer Robert Olson. LPD officers approached the vehicle and found Duling inside. Duling drove his vehicle into Officer Olson while attempting to flee, hitting Officer Olson, pushing him into another parked vehicle, and knocking him to the ground. During the vehicular charge, Officer Olson, unable to escape the path of Duling's vehicle and fearful he would be run over, fired seven rounds at Duling as he accelerated toward him, and stopped firing when he was thrown to the ground. One bullet struck Duling, who escaped the scene that night before being apprehended the next day by the MSP fugitive apprehension team. Upon his arrest, Duling was treated at a local hospital for a single bullet-graze injury.
Attorneys at the Department of Attorney General reviewed vehicle and body camera footage from Officer Olson, body worn camera footage from three other on-scene law enforcement officers, written statements of Officer Olson and each Lansing officer, police reports from Jackson County Sheriff's Office, Lansing Police Department, and Michigan State Police, Officer Olson's medical records from the night of January 10th, recorded radio traffic from the same night, and scene photographs among other material.
Officer Olson was justified in his use of his firearm and potentially lethal force in his own self-defense. Law enforcement officers have the same privilege of self-defense as anyone else. Shooting a gun in self-defense requires an honest and reasonable belief that an officer is in danger of being killed or seriously injured. If that person's belief was honest and reasonable, they can act immediately to defend themselves. The act is justified where the person (1) was not the aggressor, (2) acts under an honest and reasonable belief that they are in danger of death or great bodily harm, (3) retreats from the scene if possible, and (4) the only recourse lay in repelling the attack by the use of deadly force.
Here, under all of the facts and circumstances presented, the Department concluded that Officer Olson acted in self-defense in response to the charging vehicle driven by Duling, and did not act in a manner that would substantiate criminal charges.
The Department of Attorney General is available to lead or support any investigation of an officer-involved shooting at the request of any county prosecutor or law enforcement agency within the state and today renews this commitment and offer.
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Original text here: https://www.michigan.gov/ag/news/press-releases/2024/09/06/ag-review-of-non-fatal-jan-2024-police-shooting-by-lansing-officer