Category Archives: Environment

Dominion’s Strange Ploy to Avoid Audits

dominion By Peter Galuszka

Dominion Virginia Power appears to be getting its way with strange legislation to freeze its rates and avoid regulatory audits for the next six years.

The state senate will hold hearings today on a bill that would cancel biennial rate reviews by the State Corporation Commission to 2020. Dominion’s rates will be frozen and couldn’t go up or down.

The utility’s reasoning is that it may have to spend a lot to comply with unfinished regulations by the U.S. Environmental Protection Agency that would cut carbon emissions from coal plants by 30 percent by 2030 compared with 2005 levels. Always looking out for its customers, Dominion doesn’t want to stick them with astronomical rate hikes resulting from the EPA rules.

The bill was drafted by Dominion, the state’s largest donor to political campaigns, by Sen. Frank Wagner (R-Virginia Beach) who is the go-to guy for laws favoring energy firms.

In 2004, Wagner sponsored legislation that allowed companies the right to survey land for proposed natural gas pipelines without having to obtain the owner’s permission first. The nettlesome law figures heavily in the current battle by property owners over proposed gas pipelines in the state, notably the $5 billion Atlantic Coast Pipeline in which Dominion is a partner. The pipeline would take gas 550-miles from West Virginia, through Virginia and on into North Carolina. Dominion has sued more than 240 landowners who have refused to grant access. They are challenging the constitutionality of the pipeline law in federal court.

There’s a lot odd about Wagner’s current bill. The first problem is that it would supposedly protect Dominion customers from federal rules that aren’t even final. It is weird that Dominion would use the excuse that it might be socked with huge costs by having to shutter coal-fired plants. Surprise, surprise! Dominion announced several years ago that it would shut down aging coal units in Yorktown and Chesapeake. So, what’s the connection between the new EPA rules and coal-plant closures?

Atty. Gen Mark Herring says that the Wagner bill is a ploy to keep Dominion from having its profits overseen by the SCC because the utility might have a $280 million surplus that ordinarily might have to go back to ratepayers. After  a 2011 SCC rate review, Dominion had to pay back $78 million to customers.

The other oddity is why Dominion and Wagner are suddenly so scared about exploding costs brought on by the EPA. After all, prices for natural gas, which fuel some of Dominion’s units and is  less polluting than coal, are very low – so low that the fracking boom that released a flood of cheap gas is slowing down considerably.

Environmental groups say that the Wagner bill is a gift for Dominion. The senator has received more than $43,000 in donations from the utility over the years.

The Many Problems of Offshore Drilling

deepwaterBy Peter Galuszka

Almost five years after the infamous Deepwater Horizon disaster in the Gulf of Mexico, President Barack Obama has again proposed opening tracts offshore of Virginia and the southeastern U.S. coast to oil and natural gas drilling.

The plan poses big risks for what may be little gain. Federal surveys show there could be 3.3 billion barrels of crude oil and 31.3 trillion cubic feet of natural gas in the potential lease area stretching from Virginia to Georgia.

Energy industry officials praised the plan while complaining it doesn’t go far enough. Environmental groups including the Sierra Club and the Chesapeake Bay Foundation condemned it. Besides the ecological risk, the move is a step away from refocusing energy on renewables that do not lead to more carbon emissions and climate change.

Obama’s plan would restrict drilling to areas more than 50 miles off the coast. This is a sop to the Navy and other military which conduct regular exercises offshore and to the commercial and sports fishing industries.

Is the restriction worthwhile? It is generally easier for oil rigs to be placed in shallow water and much of the areas off of Virginia and northeastern North Carolina and off of South Carolina and Georgia are in plateaus that aren’t very deep – maybe just a few hundred feet. Yet the Atlantic takes a huge plunge not far off of Cape Hatteras, descending as much as two miles down.

Drilling in deep water presents special problems for oil companies involving high pressure and high temperatures. That was the case with the Deepwater Horizon tragedy on April 20, 1010 that killed 11 workers. One big factor that a blowout preventer, designed to shut down the rig if drilling hits abnormally high levels of pressure, didn’t work completely. The rig was in 5,000 feet of water and crude spewed uncontrolled. Winds from the south washed the oil towards land and polluted nearly 500 miles of coastline in Florida, Alabama, Mississippi and Louisiana. An estimated 49 million barrels of crude were released.

oil-drilling-mapAlthough it isn’t certain if energy firms would drill in the very deep waters off of North Carolina, there is cold comfort in the fact that the Deepwater rig was only 48 miles from shore. In other words, it would have been too close in for the latest plan involving the southeastern coast. Supposedly, blowout preventers have been upgraded but there were still spills involving them off of Brazil and China post-Deepwater.

If something like that happened closer to home, it is not exactly certain where the oil would go. Winds can blow from the ocean and currents are very fickle. The Labrador Current might tend to push spilled oil back onto environmentally sensitive shoreline while the Gulf Stream might tend to take the spilled oil out to sea.

There is no question that drilling off any of the southeastern coast would be of some benefit to the now-struggling Tidewater economy since it has plenty of steel-bending industries, an able workforce and no significant bridges to pass under to reach deep water. It might help since the defense sector is winding down, but who knows what world conflicts will be like in 2025. Hampton Roads would be a more logical staging area than other ports such as Wilmington, N.C., Charleston or Savannah.

There’s a rub, however. The 3.3 billion barrels of estimated reserves isn’t that much. It is a fraction of the total estimated reserves in the country. Energy sector officials claim there is probably much more. Okay, fine, but no one knows for sure. The natural gas reserves involved are also somewhat small – just a fraction of the estimated reserves in the U.S.

It’s not the first time offshore drilling has come up locally. There was a big push for it in the late 1970s, prompting oil rig giant Brown & Root to buy up land near Cape Charles for fabricating rigs. Nothing happened and much of the land now is used for a luxury golf community. Obama was supposed to back lease sales in 2010 but then Deepwater happened. This begs the question – if the offshore petroleum is so valuable, why has it taken so long?

Yet another issue is what cut Virginia would actually get from offshore drilling. There was a flap a few years ago when offshore drilling was being pitched. Some revenues to states from offshore petroleum production are computed by how much shoreline a state has. In Virginia’s case, it is not much, at least when compared to North Carolina. Virginia politicians have pointed this out and hope for some adjustment.

No one can predict energy markets a decade from now. For instance, no one knew that hydraulic fracturing would increase petroleum production by 64 percent and possibly make the U.S. a petroleum exporter for the first time since the 1970s. Granted it is a rock and a hard place kind of choice. Fracking is fraught with pollution problems just as offshore drilling is.

There are certain to be plenty of lawsuits over the offshore plan and economics will likely determine its future. An important choice is whether it is worth risking Virginia’s military, resort and fishing businesses for Big Oil whose promise is uncertain when it comes to offshore drilling.

The Real “War on Coal”

Blankenship at 2009 Labor Day rally

Blankenship at 2009 Labor Day rally

By Peter Galuszka

Over in West Virginia, some things never seem to change.

Families of the 29 miners killed on April 5, 2010 at Massey Energy’s Upper Big Branch are asking a federal judge to lift her gag order so they can testify before West Virginia legislators considering tougher rules that would make it easier for workers to sue employers over job-related injuries and deaths.

U.S. District Judge Irene Berger issued the gag order last year after Donald L. Blankenship, the former chief of Richmond-based Massey Energy, was indicted on four criminal charges for his role in the disaster – the worst one in 40 years. He is scheduled to go on trial in Beckley on April 20.

The question seems to be that the judge is protecting Blankenship’s rights over those of the people hurt by his management. It is not really news in the Mountain State that has always supported Coal Barons over workers. It’s a weird, neo-colonialist thing that never seems to change.

This month, Berger denied a move by several news agencies, including the Charleston Gazette and The Wall Street Journal, to lift the gag order.

As head of Massey Energy, which has since been taken over by Bristol-based Alpha Natural Resources, Blankenship was a true publicity hog. He was never shy about pushing his arch-conservative, pro-business views or bankrolling politicians and judges. Worrying about protecting his legal rights at the expense of free speech is a real travesty.

Yes, there is a “War on Coal” – but the other way around. The conflict is how coal bosses wage war on their employees and their families.

Inching Closer to Accountability on the U.S. 460 Fiasco

Aubrey Layne speaking to reporters yesterday. Photo credit: Richmond Times-Dispatch

Aubrey Layne speaking to reporters yesterday. Photo credit: Richmond Times-Dispatch

by James A. Bacon

In the year that he’s served as Secretary of Transportation, Aubrey J.  Layne Jr. has been reluctant to blame any individual or group of individuals for the U.S. 460 toll road fiasco. But he abandoned that reticence yesterday during a hearing of the House Appropriations Committee.

“All of the information was funneled through the secretary’s office, and they were clearly in charge,” Layne said, referring to the office of his predecessor Sean Connaughton. The McDonnell administration allowed “political and media” considerations to dominate its decision making when fast-tracking construction of the Interstate highway-quality connector between Petersburg and Suffolk, the Richmond Times-Dispatch quotes Layne as saying.

Layne was himself an avid supporter of the public-private partnership project, which then-Governor Bob McDonnell touted as economic development boon for Virginia ports and industrial development in Southeastern Virginia. But when when Governor Terry McAuliffe appointed him as transportation secretary last year, Layne discovered that the state had spent $300 million on the project without obtaining wetlands permits from the United States Army Corps of Engineers (USACE) and had little prospect of ever getting them. He promptly pulled the plug on the project.

A “Special Review of the U.S. Route 460 Corridor Improvements Project” ordered by Layne laid out in detail how the McDonnell administration and the Virginia Department of Transportation (VDOT) had ample warning of the USACE’s wetlands concerns but pushed them aside to get construction started on the project before McDonnell’s term ended.

But the Special Review studiously ignored the question of who drove the decision-making process and who made the decision to omit critical information in the formal presentation to the CTB when seeking the board’s approval for project financing.  As I observed last April in “Feet-to-the-Fire Time for Layne, Kilpatrick,” there were three key individuals who could plausibly be held responsible — Transportation Secretary Connaughton, then-Virginia Highway Commissioner Greg Whirley, and then-Deputy Commissioner Charlie Kilpatrick, who actually delivered the presentation. Whirley retired and Connaughton moved on to become president of the Virginia Hospital and Healthcare Association, but Kilpatrick was elevated to Virginia Highway Commissioner.

The issue died in the media but members of the General Assembly apparently were in a mood for answers yesterday. Layne pointed to the “secretary’s office” without mentioning Connaughton by name. By omitting any mention of Kilpatrick, the implication is that he holds the highway commissioner blameless. (Connaughton did not respond to media queries.)

I harp on this matter while others ignore it not to flog Connaughton, whose current job has no bearing directly or indirectly on transportation policy, but to clear Kilpatrick. Back when I was actively covering transportation issues, I had the sense that Kilpatrick was widely liked and respected. But as the chief operations guy at VDOT at the time, he was neck deep in the U.S. 460 imbroglio. He was the one who delivered the misleading presentation to the CTB.

Now that Kilpatrick is Numero Uno, the public has the right to know: Did he have a hand in crafting U.S. 460 policy? Was he just carrying out orders? Did he privately express any reservations to Connaughton about fast-tracking the project? My hunch is that Kilpatrick was acting as the loyal trooper following direct orders when he omitted mention of the permitting issue in his CTB presentation. If I were a wagering man, I’d  bet that he did express private concerns to his higher-ups. But don’t know either of those things for a fact. If I were a state legislator, I would want to know for a fact. The full truth needs to come out, if only to clear the cloud over Kilpatrick’s head.

Interview: McAuliffe’s Economic Goals

 maurice jonesBy Peter Galuszka

For a glimpse of where the administration of Gov. Terry McAuliffe is heading, here’s an interview I did with Maurice Jones, the secretary of commerce and trade that was published in Richmond’s Style Weekly.

Jones, a graduate of Hampden-Sydney College and University of Virginia law, is a former Rhodes Scholar who had been a deputy secretary of the U.S. Department of Housing and Urban Development under President Barack Obama. Before that, he was publisher of The Virginian-Pilot, which owns Style.

According to Jones, McAuliffe is big on jobs creation, corporate recruitment and upgrading education, especially at the community college and jobs-training levels. Virginia is doing poorly in economic growth, coming in recently at No. 48, ahead of only Maryland and the District of Columbia which, like Virginia have been hit hard by federal spending cuts.

Jones says he’s been traveling overseas a lot in his first year in office. Doing so helped land the $2 billion paper with Shandong Tranlin in Chesterfield County. The project, which will create 2,000 jobs, is the largest single investment by the Chinese in the U.S. McAuliffe also backs the highly controversial $5 billion Atlantic Coast Pipeline planned by Dominion because its natural gas should spawn badly-needed industrial growth in poor counties near the North Carolina border.

Read more, read here.

(Note: I have a new business blog going at Style Weekly called “The Deal.” Find it on Style’s webpage —   www.styleweekly.com)

Dominion Solar Plant — a Sop to Environmentalists

Remington power station. Photo credit: Dominion Virginia Power

Remington power station. Photo credit: Dominion Virginia Power

by James A. Bacon

This should make PeterG happy: Dominion Virginia Power has announced its intention to build the first commercial solar energy plant in Virginia. The $47 million project, to be built in Northern Virginia, will generate 20 megawatts of electricity, enough to power about 5,000 homes.

The project will increase the average residential customer’s bill, based on average monthly consumption, by about four cents per month during construction and two cents per month once the facility goes into service.

According to the Richmond Times-Dispatch, Virginia environmentalists applauded Dominion’s move, although some wish that the company would be more aggressive.

I wondered, what if Dominion were more aggressive? How much would electric rates rise? Dominion Virginia Power has 2.1 million accounts. Assuming that the utility could provide solar electricity as economically for all 2.1 million as for the 5,000 homes served by the proposed Remington solar facility, it would take approximately 2,000  more Remington-scale facilities to provide electricity system-wide. That would translate into increased electric bills of $40 a month, or $480 per year.

Of course, nobody is saying that Dominion should go 100% solar. But that simple exercise gives you an idea of how incredibly expensive solar electric power is in Virginia. And my calculations probably under-state the cost of large-scale conversion to renewables. First, Dominion is saving money in Remington by building on land that it already owns. Second, it’s building adjacent to an existing power-generating station, which means it is spending less on transmission infrastructure. Third, the solar capacity will be coupled with an existing natural gas-powered generating plant, which will allow Dominion to easily ramp up production or scale in back, depending upon the variable production coming from the solar unit. That obviates the need to build expensive back-up surge capacity to compensate for when the sun’s not shining.

Bacon’s bottom line: I interpret the Remington solar plant as a P.R. stunt that throws a sop to environmentalists who have criticized the company for adding so little to its renewable energy portfolio. At the same time, the small scale of the project limits the damage to the rate base. Two cents more per month per household doesn’t sound like much. Nobody will care.

I’m not a big fan of Dominion’s approach to generating and transmitting electric power, but I’m glad to see that it’s not rushing pall mall into uneconomical renewable power sources. Sooner or later, those power sources will become competitive with fossil fuels. At that point in time, I have every confidence that Dominion will make the shift on a much larger scale. In the meantime, electric rate payers will appreciate the utility’s priority of keeping rates low.

A Free-Market Approach to Protecting Our Water Supplies

Lynchburg train derailment. Image credit: CNN.

Lynchburg train derailment. Image credit: CNN.

by James A. Bacon

Writing in the Times-Dispatch today, my friend Noah Sachs highlights a systemic risk in our society: the threat of chemical leaks and spills to our water supply. Last year the release of toxic chemicals into the Elk River disrupted the drinking supply of 300,000 inhabitants of Charleston, W.Va. Closer to home, a Duke Power plant in North Carolina dumped coal ash into the Dan River. And a train derailment in Lynchburg sent three railroad cars into the James River.

“The accidents in 2014 are a stark reminder of the vulnerability of our drinking water, and we can’t fix the problem by imposing new requirements on water systems alone,” writes Sachs, a professor of environmental law at the University of Richmond. “We have to look upstream to the real source of the problem. Industries that store toxic chemicals near our waterways are putting Virginians at risk.”

The threat is real, and I credit Sachs for bringing attention to it. The question is how best to address the risk. Do we, as he suggests, need to impose a new set of regulations? Or are there potential private-sector remedies that could ameliorate the risk at less cost?

Sachs proposes three guiding principles for Virginia regulation:

  • Businesses that store large volumes of toxic chemicals “should be subject to some public oversight.”
  • There should be “minimum standards” for construction, inspection and maintenance of chemical storage tanks. Setbacks and secondary containment of requirements should be imposed for tanks near water sources.
  • Tank owners should prepare public communications and response plans in the event of an incident.

In this day and time, when the Environmental Protection Agency has taken upon itself to rewrite the Clean Air Act in order to regulate carbon dioxide emissions and shut down much of the coal industry, these standards do not sound especially unreasonable or onerous. But that’s hardly the criteria we should use when enacting new regulations. We should also seek to minimize the impact on industry consistent with our obligation to protect the public.

The red flag is Sachs’ suggestion that “minimum standards” should apply to everyone. Invariably, there will be instances in which the minimum standards are irrelevant, inappropriate or represent regulatory overkill. The problem is inherent with one-size-fits-all government regulations — they cannot take all unique circumstances into account.

What alternative is there to regulation? The tort system. Corporations should be held accountable for the harm they cause others. If a company spills chemicals into the water, it should be liable for the cost of the clean-up and compensation to those who suffer harm. Government should impose one rule only: As a condition of storing and transporting toxic chemicals, companies should be required to buy insurance. Insurance companies then would serve the risk-mitigation role. The insurers’ own inspectors would assess the level of risk and premiums would be adjusted accordingly. Companies could buy down those premiums by implementing measures such as those Sachs describes or perhaps by devising other solutions unique to their operations.

Regulators apply standard remedies and discourage innovative approaches, especially in situations when there may be idiosyncratic, site-specific solutions. Instead of telling industry how to do its job, perhaps Virginia should simply tell industry that the commonwealth will hold polluters liable for clean-up and damages — and let industry figure out how best to tackle the challenge.

Wind Power Hits Some Nasty Gusts

offshorewindturbines By Peter Galuszka

Wind power has taken some hits with the New Year.

A proposed 145-acre, 20-megawatt project in Clarke County is being scuttled because Dominion Resources has shown little interest in buying its power. In New England, a pioneering offshore wind project, Cape Wind, is on the ropes because of the merger of two utilities and opposition by one of the Koch brothers.

According to the Winchester Star and blogger Iveymain, OCI Power is pulling the plug on its plan to erect 100,000 solar panels – enough to power 20,000 homes –due “due to the lack of long-term solar procurement efforts by Dominion and other VA utilities.”

There is no clear program in Virginia to push solar power. The General Assembly and Gov. Terry McAuliffe have paid lip service to the idea but haven’t done anything to actually fund it. Moreover, Virginia has no mandatory renewable portfolio standard as do other states so efforts for renewable energy are set up to dawdle. Dominion also has been slow, if not downright negative, about buying renewable party from third party sources.

Cape Wind off Cape Cod had been might have been the nation’s first real offshore wind farm. It would run 130 turbines in Nantucket Sound with electric utilities buying the output.

But the project’s price tag of $2.5 billion seemed daunting. One group, National Grid had agreed to buy half the power, but another utility, NStar, wanted to drop its interest in the project when it was being taken over in a $17.5 billion merger with Northeast Utilities.

Cape Wind had drawn opposition from people one might expect, such as conservative activist William Koch, who owns millions of dollars’ worth of seafront vacation real estate, but also from odd sources such as the late TV anchorman Walter Cronkite who likewise owned waterfront land.

Closer to Virginia, there have been auctions of offshore areas from wind farms. Dominion has about $50 million in federal funds to build two, six-megawatt turbines 27 miles off the Virginia shore. Dominion says it wants to develop wind, but the reality is that it wants to take tiny steps to it while dominating the market.

Another factor is the rush to natural gas that has Dominion and other regional utilities pitching billions worth of pipelines. Cheap gas hurts renewables because it takes away the urgency to get them going.

That may change. There is so much gas and oil, in fact, that drilling is slowing quickly. Petroleum prices are way low. This is a normal cycle. When production slows because of low prices, supply will likewise diminish. When that happens, prices will rise and drilling will be robust again.

The problem is really an economic one. As long as natural gas remains in its current cycle, it’s going to be really hard to force a play into wind – at least – without some kind of top-down, government involvement. Dominion, once again, is getting away with playing it just as it wants.

Save the Bay… Incrementally

nitrogen_pollution

Image credit: Chesapeake Bay Foundation

The health of the Chesapeake Bay continues to improve but is still “dangerously out of balance,” declared the Chesapeake Bay Foundation (CFB)  in its 2014 State of the Bay report. The goods news is that bay waters were notably cleaner and the oyster population rebounded last year. The bad news is that algae blooms, deoxygenation of the water and sunlight-blocking sediment were still big problems. Losses in the blue crab and rockfish populations were particularly disheartening.

Overall, I think society has struck the right balance toward saving the bay. The fact is, Virginia faces many challenges and scarce resources to devote to them. We cannot afford to spend as much money fixing the bay as the job requires. On the other hand, we can’t let our commitment slip. The Chesapeake Bay is a national treasure and we must restore it. The course we’ve chosen — slowly but steadily ratcheting up standards to reduce pollution and foster the recovery of key species over time — seems appropriate.

The imposition of new storm water regulations in 2014 means that Virginians will continue to pay more in the years ahead, although much of the expense may be hidden in the cost of real estate development/redevelopment. What strikes me is that different methods of reducing nitrogen pollution vary so markedly in the cost per pound. Restoring or constructing wetlands costs $1.50 per pound of nitrogen pollution reduced, according to the CFB graphic above, while stormwater retrofits to hard infrastructure can cost up to $200 per pound saved.

Surely, there must be some way politically to channel more effort into wetlands construction ($1.50 per pound), creating vegetative buffers to farmlands ($3.20 per pound), implementing conservation tillage ($3.20 per pound) and planting cover crops ($4.70 per pound) rather than paying for massively expensive stormwater retrofits. Go for the low-hanging fruit first. Only if that doesn’t do the job, move up the scale to increasingly expensive solutions.

– JAB

Takeaways From Bob McDonnell’s Sentencing

Mcd sentencedBy Peter Galuszka

The outpouring of support for convicted former Gov. Robert F. McDonnell was overwhelming at his sentencing hearing yesterday at which he was told that he will serve two years in a federal penitentiary.

And this very support stands in marked contrast to McDonnell’s performance on the witness stand during his marathon trial last summer. There he alternated between saying that he “holds himself accountable” and then blaming his aides, vitamin salesman Jonnie R. Williams and, of course, his estranged wife Maureen who was set up to take the fall.

So which Bob is really Bob?

In U.S. District Judge James R. Spencer’s courtroom, the hours’ long reading of letters of support and 11 witness testimonials from the stand became tedious and repetitive. Bob kneels down to comfort a sick woman. Bob helps out Katrina hurricane victims on his week-long vacation, builds a basketball court and breaks his jaw. Bob restores voting rights to 8,128 convicted felons who had served their time. Bob’s only flaws are his gullibility and naïvite. Bob writes thank you notes.

The most impressive supporter by far was L. Douglas Wilder, the former Richmond mayor who became the first-ever African-American governor. Always unpredictable, the Democratic politician came down hard on Bob’s side, saying he’s known him for years and found him to “to be of his word.” Wilder touched off applause in the courtroom he blamed Williams as “the man who started this bribe” as “the one who got away clean.”

All of these people were trying to convince Judge Spencer that Bob should not get jail time but 6,000 hours of community service. One option would be to stick him in a service coordination job on the island nation of Haiti. The job normally would pay $100,000 including benefits but Bob wouldn’t get the money and would work and have to sleep in a hot and buggy room. Other possibilities including holding an unpaid $60,000 job coordinating a food bank in southwest Virginia.

To his credit, Judge Spencer didn’t bite. Prosecutor Michael Dry said that McDonnell is free to do all the community service he wants after he serves his time behind bars. McDonnell could have gotten more than 12 years in prison. Spencer gave him two.

The sentence is on the light side but is probably fair. McDonnell has been tremendously humiliated. He completely dishonored his public trust and will go down in history as the Virginia governor who was corrupt. At least he is getting some jail time.

And he might win on appeal. It’s not a slam dunk but there is respected legal opinion out there that “honest services fraud” can be viewed in a tight or loose focus. Spencer chose a tight focus but we will have to see if the appeal McDonnell has filed gets to the U.S. Fourth Circuit and then Supreme Court.

Next up is wife Maureen, who is a tragic figure and also was convicted of corruption. Her own daughters characterized her as a sick woman who badly needs help. Some columnists have pumped her up, saying she’s the unsung heroine stuck raising the kids while the ambitious politician is selfishly away building his career.

Something about that argument doesn’t ring true to me. Maureen McDonnell may well have despised the time Bob spent away from her but she also was right beside him, pushing her own agenda such as selling nutraceuticals and backing pet programs such as marketing Virginia wines and helped injured military veterans. As First Lady, she was no shrinking violet when it came to letting her wishes known to state employees.

She comes up for sentencing Feb. 20 and now that her husband’s fate is known, it seems likely she won’t get any jail time. If so, maybe she can get the help she seems to badly need and the McDonnell family can start to heal their terrible wounds.

One of the character witnesses Tuesday was William Howell, the Republican Speaker of the House of Delegates who provided the enormously valuable insight that “people would describe Bob as a Boy Scout.” Not only is Howell’s remark insipid, it hides how much he’s responsible for maintaining the total mess that policing ethics among Virginia public officials has become.

No matter how many Wednesday morning Bible studies Howell says he attended with McDonnell, he still did nothing to improve regulation of political donations and gifts. If anything, he’s the problem not the solution since he minimizes every decent initiative to rationalize Virginia’s loosey-goosey system. If there were clear rules, McDonnell may never have gotten caught in his quagmire. He might have known when to avoid crossing the line.

Howell told the court that the General Assembly is busy setting its house right and that McDonnell’s predicament “Most certainly . . . has had a deterrent effect.” That was likely the most ridiculous statement during the five hours of court testimony on a horrid sentencing day.