Tuesday, December 12, 2017

WHY IS THERE A WATER UTILITY INFRASTRUCTURE CONCERN?

Recently, many have asserted that water utilities in the United States are facing costs in the billions of dollars to replace aging infrastructure. Assuming this is true, why is this?

Historically, many water utilities--particularly municipally-owned ones--have failed to set their rates regularly to produce revenue sufficient to recover the full costs of service. One explanation for this is system owners are hesitant to raise rates for fear of backlash from customers who are perceived as unwilling to pay for increased rates.

One of the important costs of service results from the necessity to repair and replace infrastructure from time to time and to fund reserves to pay for such work. Funding of such reserves is from revenue produced from rates. If rates are set to recover only operating costs, reserves will become unfunded and infrastructure issues will be deferred or disregarded. While a utility could incur debt, such as through a bond issue, to pay for plant replacement, the impact of debt service can have an unwelcome effect on rates.

Asset management begins with acknowledgement that facilities must be repaired, replaced and upgraded from time to time. That acknowledgement logically should arise with adequate and detailed records of assets, costs, depreciation, useful lives and condition reports. Water utilities, particularly municipally-owned ones, commonly acquired water plant from developer contributions in aid of construction at no cost to the municipal system. At some point in time, such plant must be replaced. If provision has not been made for depreciation or funding of replacement reserves, an infrastructure concern likely will arise.

The conclusion, it would seem, is that neither a utility nor its customers will benefit when rates sufficient to recover all costs of service, including funding of reserves, are deferred or when asset management is not adequate. The "catch-up" effect that can result when an infrastructure failure occurs, or when the system becomes inadequate to maintain quality of service, can prove a lot more costly than any perceived benefit from avoidance of timely rate adjustments.


© Daniel J. Kucera 2017

Saturday, November 18, 2017

THANKSGIVING: WHO SHOULD WE THANK?

Thanksgiving Day is more than falling asleep before a television set blaring boring, non-competitive football games, after over-eating
turkey and fixings. Rather, as the name implies, it is a day designated to give thanks. For what, and to whom, are we to give thanks?

Recently, I found myself shuffling through foaming accumulations on a bookshelf. The piles of stuff cried for attention. In them, I excavated a letter that my cousin wrote on December 12, 1944 to my parents. He was 20 years old and a soldier in Patton's "blood and guts" Third Army. He was a forward spotter for artillery in the Battle of the Bulge, which was characterized by hard fighting and hard weather.

My cousin wrote, in part: "Over here we had quite a nice Thanksgiving dinner. The turkey sure tasted good and also the chocolate cake we had. That sure is a promise to spend next Thanksgiving with you, if it is at all possible. Will be sure to have Aunt Mil make some good dumplings though! That's one thing I haven't had over here...at times it's not peaches and cream."

Obviously, and to be expected, his thoughts and unexpressed thankfulness were on the homefront. More broadly, it has been said that Bing Crosby's White Christmas was the most popular song with U.S. troops in World War II because it reminded them so much of home and what they were fighting for.

So, who should we thank on Thanksgiving Day? Should we thank the presidents on Mt. Rushmore who stood and still stand for America?
Should we thank all those in our military who stood for, and still stand for, America? Should we thank all the farmers and ranchers who have produced all the food that nourishes us every day? Should we thank all who have prepared, cooked and served that food? Should we thank all of our family and all of our friends?

All of the above-all that we ever have received, all that we now have and all that we will ever receive-comes from one person. Thank God!


© Daniel J. Kucera 2017

Wednesday, November 8, 2017

IDOLS

We are a country of idols. They can be movie stars, singers, political leaders, military heroes, etc. We embrace idols when they are living and erect statues of them to idolize when they are not. And, because idolatry can be fickle, we tear down statues when we cease to idolize them.

At a rest stop along Interstate 90 near Chamberlain, South Dakota, on a high, windswept bluff saluting the Missouri River, a huge metal statue of Sacagawea towers over all. The Shoshone Indian, of course, made a significant and probably indispensable contribution to the success of the Lewis and Clark Corps of Discovery exploration up the River. The voyage sought to establish, in effect, an interstate highway of rivers to the Pacific Ocean. In point of fact, the Missouri River became an interstate highway between Ft. Benton, Montana and St. Louis, Missouri initially because of the fur trade. So, perhaps the location of this Sacagawea statue along a concrete interstate highway is particularly poignant.

Interestingly, there are at least 22 other statues of Sacagawea in 11 states (Montana, Missouri, Wyoming, Idaho, Washington, Oregon, North Dakota, South Dakota, Virginia, Texas and Illinois). One may wonder why another statute of the woman should be erected now at this rest stop.

It should come as no surprise that today many Indian reservations are located on lands that have limited agricultural suitability and limited water resources. It also should come as no surprise that many of these reservations suffer from prevalent high unemployment, low incomes, inadequate housing and other issues. One could question whether one more statue of Sacagawea satisfies any predominant need of any sort.

Indeed, there may be a certain irony here. Notice, in the above photo, Sacagawea is not looking over the Missouri River, which was the subject of her exploits. Instead, she is facing the rest stop building and its rest rooms, keeping a watchful eye on all who enter to use its facilities. Perhaps this statue is an idle idol.

Sunday, October 29, 2017

ARE MICROBES CAUSING GLOBAL WARMING?

A report states that research suggests algae growing on the Alaska Harding Icefield is causing about one-sixth (17%) of the glacial snow melt there.* As the microbes grow, they turn the snow a crimson color. This coloring increases the amount of sunlight the snow absorbs, causing an increase in melting.

Glaciers contain nutrients that can encourage algal growth. When algal growth causes faster snow melt, that melting can, in turn, accelerate more algal growth resulting in even more melting. Researchers also are studying the Greenland ice sheet for similar findings.

According to the report, the "algal effect" on glacial snow melt should be taken into account in so-called climate change simulations. In other words, snow melt cannot be assumed to be due entirely to higher temperatures. One wonders what other natural phenomena may be increasing global temperatures but may not be considered in predictions of climate change. For example, some have asserted that cow flatulence is a significant contributor to warming.

It is said that "a rolling stone gathers no moss." In the fast moving rolling stone of climate change assertions, have we really looked for moss or do we merely assume that there is none?

_______________________________________

*Hamers, "Algae Speed Up Melting of
Glacial Snow," Science News,
October 14, 2017, p.10

© Daniel J. Kucera 2017

Saturday, October 21, 2017

RAINMAKING: FOOLING MOTHER NATURE?

One of the classic scenes in Hitchock's movie North By Northwest has Cary Grant nervously standing in bleak open farmland. Another man, a stranger waiting for a bus, appears and exclaims something like "that's funny--that crop duster airplane is spraying where there are no crops!"

Much of the upper Great Plains has experienced severe drought conditions this summer, causing harsh impacts on farming and ranching. North Dakota has had a cloud seeding program for several decades. Airplanes spray particles of silver iodide and dry ice into clouds to cause water droplets to become ice crystals which can fall as rain and small hail.

Much like the crop duster spraying barren ground, it appears that some are questioning the success of cloud seeding. A recent published article has reported that some farmers believe that cloud seeding actually may be making drought conditions worse.* They have referenced alleged situations of clouds moving away after seeding, resulting in less rainfall in cloud seeded areas.

However, the article cites studies showing that cloud seeding does, in fact, produce more rainfall. The difficulty is that evidence one way or the other seems to be anecdotal. It simply is near impossible to objectively measure how much more rain fell as a result of cloud seeding compared with how much rain would have fallen without it. Also complicating the picture is the fact that it is hard to generalize because no two cloud systems are identical.

So, even if every cloud has a silver lining, it may not be a wet one.

_________________________________________

*Kolpack,"In Parched North Dakota,Cloud-
Seeding Irks Some Farmers," Rapid City
Journal, September 25, 2017, p. A3

© Daniel J. Kucera 2017

Monday, October 9, 2017

PRIVY TO HISTORY: THE INS AND OUTS OF AN OUTHOUSE

A recent newspaper article reported that archaeologists are digging up the probable site of an outhouse located next door to Paul Revere's house in Boston. The privy was in the yard of a house built approximately 1711. Apparently, the site already has yielded bits of glass and pottery. However, no fossilized human excrement yet has been discovered. If such remains do pop up, they could give clues as to colonial diets, wealth of the users and digestive health. The article notes that historically outhouses often served as landfills, coughing up interesting artifacts when excavated.

It seems that analysis of excrement is not limited to probing outhouse contents. Recently, I attended a National Park Ranger lecture about bears. He explained that droppings by grizzly bears, when studied by graduate students, have shown that only about 25% of the berries consumed by the bears actually were digested. The remaining 75% were discharged as whole berries, suggesting a straight pipe phenomenon. Hopefully, samples were collected with caution.

Another article has stated that scientists are still working on how to convert astronaut excrement into a useful product. Apparently, one project seeks to convert astronaut urine into 3-D printable plastics and to nutritional omega-3 fats.** Perhaps, one day in the future archaeologists will be excavating plastic objects from landfills that were made from space flight waste.

Modern wastewater collection and treatment systems may have a disadvantage for historians. Opportunities for discovery of cultural artifacts, dietary clues and socio-economic factors may be limited, compared to the outhouse eras.

_______________________________________

* Kole, "The Old Outhouse: Privy Tied To
Paul Revere Is Excavated", Rapid City
Journal, September 30, 2017, p. C6

**"Waste Makes Haste", Science News,
September 2, 2017, p. 4


© Daniel J. Kucera 2017

Wednesday, September 6, 2017

WATER UTILITY SERVICE AND THE UNIFORM COMMERCIAL CODE

Article 2 of the Uniform Commercial Code ("UCC") governs the sale of "goods". A new Illinois Appellate Court decision has stated that natural gas is considered "goods" within the UCC, and that an oral contract for the sale of natural gas by a supplier to a business customer was not enforceable because the UCC requires such a contract to be in writing.*

Under Article 2 of the UCC, a "sale" is the passing of title to goods from seller to buyer at a price. "Goods" are all things movable at the time of identification to the sales contract.

Certain implied warranties can arise from a contract for sale of goods, including a warranty of merchantability (fitness for ordinary purposes for which such goods are used) and a warranty of fitness for a particular purpose.

Over the years, several courts have wrestled with the question whether water utility service is a "sale" of "goods" under the UCC that can give rise to a breach of an implied warranty. The rulings have been quite diverse. For example, an Oregon court held that water service was not a sale of goods. On the other hand, a Georgia court held that it was. In between these opposites, are a South Dakota court that held water service is a sale of goods, but no implied warranties arise; and a Pennsylvania court that held water service is a sale of goods but only an implied warranty of merchantability is created.

Finally, a Massachusetts court held that water utility service is both a sale of goods within the UCC and a provision of service, which is not within the UCC.** The court stated that "where a contract is for both sales ad services as here," to determine whether the UCC governs, the test is whether the predominate factor, thrust or purpose of the contract is the provision of service, with goods only incidental. In the case of water service, the court concluded that the provision of service was the primary factor and held that the UCC did not apply. It stated: "water is a unique product and is essential to human health and well-being. Here, the city did not create or manufacture the water. Rather, the city, by a system of reservoirs, captured the water from brooks,streams and rainfall. It treated the water and then distributed it to its citizens. Although the city charged a sum for the water, the rate reflected the cost of storage, treatment and distribution. Thus, it is clear that the predominate factor, thrust or purpose of the activity was the rendition of services and not the sale of goods.

Interestingly, these decisions generally have focused upon the issues of "goods" and "warranties." Unresolved, perhaps, is whether water utility service involves a "sale" of goods within the UCC. That is, is there a transfer of title to water from the water utility to the water user? Further,if so, when water then is used and becomes wastewater, does the user pass title in the water to the wastewater utility?

__________________________________________

* Vanguard Energy Services v. Shihadeh,
2017 IL.App.(2d)160909

** Mattoon v. City of Pittsfield,
775 N.E.2d 770 (2002)

© Daniel J. Kucera 2017

Sunday, August 20, 2017

PROPHETS

In early television days, a local weatherman always concluded his forecast with a cartoon figure called "the vice president in charge of looking out of the window." It was a classic juxtaposition of prediction and reality, almost metaphysical in nature. I have retained memory of that example as I consider the many speculations offered by many people regarding climate change and its assumed effects.

Recently, an article was published under the caption "Climate Change Could Exacerbate Inequality"* Since "inequality" is a hot button issue these days, my eyes perked up. The article reported that, using climate change simulation, researchers have predicted that by the year 2100 counties in the southern portion of the United States will have a greater risk of economic decline due to climate change than those in the north. Thus, they concluded, climate change will make worse wealth disparities.

The reality is that daily weather forecasts, which are based on models or simulations, frequently miss the mark on predictions of rain or snow or sunshine, for example. Likewise, longer term forecasts, several days or even a week forward, prove even less reliable or even speculative. So, how accurate are climate change predictions over the next 83 years to 2100 and resulting conclusions about economic and wealth conditions?

How are we to respond to climate change prophesies founded upon climate change simulation assumptions? Perhaps best have an umbrella and sunglasses handy and keep looking out of the window.

____________________________________________
*Temming,Science News,August 5, 2017, p.13

© Daniel J. Kucera 2017

Thursday, August 10, 2017

`ANTIQUES HAVE THEIR PRIVILEGES

Probably the most common and most ongoing question among antiques dealers is "how do we induce more people, particularly younger ones, to purchase more antiques for their homes?" Of course, there is nothing new about this question. It has been asked and unanswered for decades since at least the 1970s. It has become a dealer's lament.

Over the years, many sages have offered a variety of reasons why people should buy antiques: for investment; for trendy design; for quality of wood, metal or workmanship; for historic value or interest; and for culture are some of the reasons. Sometimes one or more of these reasons will stimulate a sale or two, but not necessarily in the quantity that will sustain a dealer's business or interest.

By accident recently, I uncovered in my clutter a book published in 1889--itself an antique--that may offer some insight to answering this question.* The author's premise is : "man is an aesthetic being." Elaborating, man has an implicit duty to adorn and beautify his house. The author states: "The best characters and the noblest men come from the modest homes which taste, refinement, and labor have adorned and beautified."

The author adds: "But it is not alone in nature that beauty may minister to our souls...art may serve this purpose. Nature hangs no landscapes on our parlor walls, nor does she set bouquets in our windows....The beauty of art is not alone for the mansion of wealth. Artistic and tasteful adornments are the products of ingenuity and not of wealth."

Art, of course, is not limited to paintings. An antique by its design, or by its age and ancestry, or even by its placement within a home by itself or in conjunction with other antiques can be art.

So, there you have it. Perhaps the most important reason to buy antiques is to adorn and beautify one's home, so as to "minister to our souls."

______________________________________

* Sargent, "Our Home", King, Richardson
& Co., 1889, pp. 287-290.

© Daniel J. Kucera 2017

Sunday, July 23, 2017

CLIMATE CHANGE AND A WATER UTILITY'S DUTY TO SERVE

Climate change prophets have been raining alarms as to predicted adverse impacts on economies, culture, the environment and human activity in general. Water public utilities have not escaped such climate change speculation. Numerous articles and conferences have addressed the need for water utilities to adopt reactive measures to deal with assumed effects of climate change.

Sidestepping questions whether climate change actually exists and, if so, what are its causes, one should ask whether such concerns about it--particularly in the case of water utilities--are ignoring the real elephant in the room.

Inherent in the concept of public utility is the common law duty to serve all demands for service from all actual and potential users within its service area. Generally, this duty has been codified in legislation and acknowledged in court decisions and administrative agency regulations. In some instances, satisfaction of customer demand has been interpreted as including peak day demand as well as safe and adequate service in general. Over time, the duty to serve has been expanded to include service on a nondiscriminatory basis and at reasonable rates.

In short, the obligation of a public utility is to satisfy, at all times, the public requirements for water service. Failure to do so can result in consequences, ranging from penalties to involuntary acquisition by another utility.

So, perhaps there is nothing new about climate change speculation regarding water utilities. Whether driven by concerns over global warming, or by customer or demand growth, or by aging infrastructure, or any other driver, a water utility's obligation remains the same. It is perceived to have a duty to satisfy its customer demand. Whether a utility's response to such drivers may be conservation, re-use, alternative sources of supply, interconnection with other utilities, purchased water, etc., the key to an appropriate response would seem to rest with the duty to serve.

As an aside, one is reminded of the hysteria over "Y2K" in 1999-2000. Predictions and speculations offered dramatic adverse consequences if computers could not adjust to the new century. When the new date actually arrived, the parade of horribles marched to a whimper.

Chicken Little may have cried "the sky is falling", but the sun still shines where it always has.


© Daniel J. Kucera 2017

Sunday, July 9, 2017

IS "OLD" WATER SUBJECT TO "NEW" CONTAMINATION?

According to a recent report, "ancient" deep groundwater is becoming contaminated.* Scientists tested approximately 6,500 wells world wide with the objective of determining which reached deep "old" water formed more than 1,200 years using radioactive carbon decay dating. They concluded that more than half of wells more than 250 meters (820 feet) deep produced mostly "old" groundwater.

However, more than one-half of the "fossil" groundwater wells showed elevated levels of tritium, said to be a radioactive isotope of hydrogen resulting from nuclear bomb testing. This finding suggested that some of the water in these wells originated after the nuclear tests in the 1950s decade.

The researchers concluded that "younger" water containing contaminates could mix with "old" water in an aquifer or a well itself could mix the waters. Thus, "old" water could become polluted by "young" water, essentially bridging "generation gaps".

What this report appears to suggest is that recharging of even deeper aquifers can introduce contaminates into those waters. In other words, deep waters are not necessarily immune from the polluted impacts of surface waters, shallow ground waters and earth excations.

Age may have its privileges, but it also may have its consequences.

______________________________________________

*Sumner,"Pollution Reaches Old Groundwater,"
Science News, May 27,2017, p.12

© Daniel J. Kucera 2017

Saturday, July 1, 2017

THE INCREDIBLE SHRINKING MAMMALS

I now know why I am getting shorter. I thought it was an aging thing. No--it is because of global warming!

According to a recent article, mammals on Earth have shrunk on at least two occasions when carbon dioxide levels and temperatures rose as part of "a natural warming."* In one example, about 54 million years ago, a compact horse shrunk to the size of a cat due to global warming. (Think of a cowboy saddling up on a cat and hitting the prairie to herd cats.) About 56 million years ago, it is said that mammals also experienced a shrinking.

The studies reportedly were based on fossils found in Wyoming. Interestly, the article stated that smaller animals are better adapted for warm climates because they have more skin per pound of body. Larger animals are more adapted for colder climates because they have less skin per pound.

Well, now I realize why I am shrinking, and understand that I should lose weight in order to confront climate change. But, I wonder--if this trend continues how much will mammals shrink? For example, will cows become so small that they can give only evaporated milk?

What are we to do? Cry global warming! and make way for the Lilliputians?

_________________________________________

*Associated Press, "Fossils show Mammals
Shrinking When Earth Heats Up, Study
Says," Rapid City Journal, March 16,
2017, P. A4

© Daniel J. Kucera 2017

Sunday, June 18, 2017

IS THIS THEORY IN HOT WATER?

Apparently, there is much we do not understand about water, including how and when it freezes. One uncertainty is whether the so-called "Mpemba effect" really exists.

In the 1960s, a Tanzanian student named Erasto Mpemba is said to have noticed that very hot ice cream firmed up more quickly when placed into a freezer.* It is not clear whether the ice cream was vanilla, chocolate or fruit or nut flavored. Mr. Mpemba's name has become attached to an extrapolated phenomenon that hot water can freeze faster than cold water.

According to a recent article, the Mpemba effect is the focus of much research and debate.* A new study suggests that hydrogen bonds in water change, with weaker bonds breaking, as water is heated , causing molecules to form fragments that can realign to initiate freezing. Cold water requires weak hydrogen bonds to be first broken to enable molecule realignment and freezing to take place.

However, some throw cold water on the hot water theory. The article quotes some sources which question whether the Mpemba effect actually exists. It cites experiments with hot and cold water which allegedly resulted in no observation of the effect.

However, a chemist criticized these experiments because they did not observe the time of initiation of freezing. He allegedly acknowledged that because freezing of water is a complex process which is difficult to control, it is hard to verify. However, he is quoted as being convinced that hot water can freeze quicker than cold water.*

One thing of which I am sure--my ice cream cone melts more quickly when it is hot outside than when it is cold. The smudges over my face and the drips on my shirt prove this. I call it the "Kucera effect". Can we extrapolate that ice melts more quickly in hot weather than cold weather? More research may be needed.

___________________________________________________
*Conover, "Fast-freezing Hot Water Spurs Debate",
Science News, February 4, 2017, p. 14

© Daniel J. Kucera 2017

Monday, May 29, 2017

LITTLE WATER COLLECTORS

That water is essential for human life and activity is obvious. Perhaps less obvious is the need for water by other creatures, including even the smallest.

For example, one may recall seeing a gathering of butterflies at the edges of mud puddles. Typically, they may include small "blues", sulfurs, white cabbage and even swallowtails. Interestingly, butterflies do not drink water because they have to have water. They seek water for its mineral content--thus, the minerals in muddy water. After drinking, they expel the water and keep the minerals, which are essential for their lives. In a miniature way, these butterflies are water treatment facilities.

Honeybees offer a more complex example, because they actually collect water and haul it back to their hives. Foragers seek water from many different sources, including mud puddles, as well as edges of ponds, rain drops on leaves and bird baths. Honeybees use collected water in several ways. Water is an essential ingredient for making food for larvae. The recipe includes pollen, nectar and water ingested by bees and internally processed for the food for brood.

Water is also used for cooling within the hive. Think of the device car owners in the 1950s would hang on the outside of a windows of their cars, which cooled the interior by wind blowing through and evaporating water in the device. Bees spread water within the hive and evaporate it by fanning their wings to produce cooling. Bees also use water to make liquid again stored honey that may have crystalized. Again, in a miniature way, honeybees are water distribution systems.

That bees frequently are seen collecting water at bird baths suggests that they do not necessarily need "clean" water. Regardless, one should be encouraged to maintain bird baths relatively clean. However,water gathered by bees from cropland may become tainted with pesticides, which could become an adverse contributor to colony health.

Interestingly, while bees collect water, they do not like to get their feet wet and dislike rain. As new beekeepers soon learn, one should avoid opening a hive on a rainy day, as bees can be particularly unhappy in wet weather. Maybe, in that respect, bees and humans share a similar attitude. ©Daniel J. Kucera 2017

Monday, May 15, 2017

CLIMATE EXERCISE

Climate change fans appear to be drilling down to some fine details. A recent newspaper (remember those?) article reported on a new study suggesting that more mild winter months will cause people to get more exercise outdoors--an apparent benefit of global warming.

I'm not sure. Warmer winters could mean less snow, thereby reducing time for exercise by shoveling snow. It also could encourage people to get out and sit in their cars and drive more, particularly to stores, and to restaurants to eat more.

Frankly, I am likely to stay indoors regardless of winter temperatures in order to watch other people exercising in televised football, basketball, and hockey games. I would have mentioned golf, also, but is that exercise?

Warmer winters could also mean more indoor exercise, chasing after more spiders, ants, stinkbugs, beetles and other crawling varmints running around my feet due to reduced hibernation.

Maybe the real benefits of winter warming are in the lower gas and electric bills for heating and lower credit card bills for coats, sweater and boots. It may not be good for the economy but will be for the wallet.

According to the article, the limiting factor for people spending time outdoors is a high temperature of 84 degrees. I'm not sure about that either. My limiting factors are mosquitoes, biting flies and ticks. Warmer weather suggests more of them, which again likely will cause me to stay indoors, watching televised games--even golf, if necessary.

So, what is the point of all this climate exercise conjecture? You decide!


© 2017 Daniel J. Kucera

Monday, May 1, 2017

SEND IN THE DRONES?

For several years, media have reported on the collapse of honey bee colonies. Apparent thriving colonies suddenly die or disappear from their hives. Numerous possible causes for such growing loss of bees have been advanced, such as disease, mites, pesticides, herbicides harsh weather, etc. However, no primary cause has been identified for what commonly has been referred to as colony collapse disorder. Such losses of colonies are of serious concern, of course, because honey bees are primary pollinators of much of our food supply, affecting everything ranging from orchards to back yard garden plots.

In addition, bee losses are stressing apiaries which produce new colonies for beekeepers who are in the business of furnishing bees for pollination of crops across the country. Often, major suppliers of new colonies are sold out in the the Fall for deliveries the following year, unable to keep up with the demand from beekeepers who have sustained losses.

Research into the cause of colony collapse is ongoing. Meanwhile, the public have embraced an effort to repopulate honey bees by establishing new hives in urban areas such as the White House and rooftops of city high-rises as well as in back yards.

Recently, I read a published report which discussed an effort by a scientist in Japan to develop an artificial pollinator that could fly on to a blossom, grab some pollen and fly to another flower--an artificial honey bee, if you will. He fitted a small drone with horse hair and a gel to mimic the fuzz on a bee. His drone was able to pollinate lilies by collecting pollen from one flower and dropping off some of it at another flower. According to the report, he believes that a fleet of drones , guided by GPS and artificial intelligence, could pollinate along with bees.

Interestingly, honey bees already have drones. Drones are the male bees. They do not work, gather no pollen or nectar, make no honey, and do not even feed themselves. Their only function is to mate with a new queen bee should the need arise.

The use of artificial pollinators, even if their development and use could be perfected on a mass scale, could be problematic. Honey bees do not collect pollen to be charitable. They collect pollen because it is essential as a food ingredient for brood production. In a way, it is their bread. If artificial pollinators were able to compete with natural pollinators for pollen on any large scale, honey bee colonies may well experience still another limiting factor on their continued success and existence.

Send in the drones?

Thursday, April 13, 2017

VINTAGE EAU DE STINKBUG

With the onset of Autumn, it has been common to experience invasion of one's house by hordes of small orange beetles, knockoffs of red ladybugs. Last Fall, however, they were outnumbered by larger, more offensive stinkbugs--their name tells all you need to know about them. This Spring, these critters have been awakening from hibernation to populate walls, floors, furniture and kitchen counters. It may be the latest environmental issue: global swarming!

Now, a published report reveals that stinkbugs also have become a pest for wine producers.* It seems that stinkbugs just love wine grapes. When these grapes are harvested, the bugs travel with the grapes into the fermentation tanks. The problem is that the bugs then release their stink and spoil the taste of the resulting wine.

How many stinkbugs does it take to spoil wine? A rule of tongue seems to be that more than 3 bugs per grape cluster will ruin wine taste. Talk about job creation--counting stinkbugs!

Recently, I had a glass of some red wine from a bottle whose label described it as having an "earthy" flavor. Perhaps, one should read the label before drinking, rather than after. I have switched now to white wine, whose taste is said to be less sensitive to stinkbugs. Regardless, white wine is more transparent in a glass. But, you know, all of this concern bugs me so that I may just drink water.

_____________________________________________________

*Eaton, "Red Wine Has Stinkbug Threshold", Science
News, March 18, 2017, p.5

© Daniel J. Kucera 2017

Thursday, March 16, 2017

RATE SHOCK

What is "rate shock"? It is not a jolt of electricity, but it is a jolt of sorts. It is not a rule of utility ratemaking, but it is a concept within it.

Rate shock is a subjective measure of the assumed impact on utility customers of a proposed rate increase. It is a claim that can pop up in a ratemaking proceeding of any public utility, including water and wastewater utilities.

For example, in an Illinois case involving a drinking water utility, a witness for the regulatory commission testified that a rate increase of over 30% could be considered rate shock.* In that case, the commission approved a consolidated rate structure applicable to several water utilities having a common owner. The commission stated that the consolidated rate structure would enable capital costs to be "spread over a larger base of customers, thus mitigating rate shock to a smaller stand-alone division's base when infrastructure improvements are necessary."

In an Arkansas case, a witness for the Attorney General argued that a 22% gas utility rate increase to the residential class of customers would cause rate shock and, therefore, was unreasonable.** The commission did not address the argument.

Commonly, rate shock assertions arise when a large rate increase is proposed due to a sudden increase in a cost of service. Examples could be storm damage to facilities, unexpected failure of infrastructure and need to repair or replace it, new regulatory requirements, and the like. Sometimes, large rate increases arise because a utility has postponed seeking needed rate relief.

Generally, rate shock is not a basis for denying a rate increase that is justified by cost of service analysis. Rather, rate shock may be a basis for mitigating the impact on customers of a large rate increase. When potential rate shock is perceived, a rate increase may be phased in over two or three years. Or, as illustrated in a Connecticut case, an increased cost be recorded as a deferred expense or regulatory asset and amortized in rates over a period of years.*** The court quoted "A regulatory asset is a liability of a utility's ratepayers. Utility companies may incur large expenses in various ways--storm damages, installation of new facilities, increased taxes and so forth. These expenses, if passed immediately on to ratepayers, could create havoc. An immediate recovery of such expenses could cause sudden upward increases in rates, commonly termed 'rate shock.' In order to avoid rate shock, [public utility] commissions often will permit utility companies to recover their expenses from ratepayers on a deferred basis, listing the ratepayers' debt as a 'regulatory asset.' A regulatory asset is, therefore, a future debt of the ratepayers that can be passed on, together with interest, to the ratepayers."

Perhaps the best way for utilities to avoid claims of rate shock is to avoid, as much as possible, cost factors that can give rise to such claims. For example, regular and frequent review of costs of service and regular resulting incremental smaller increases in rates may avoid deferred large increases. Long range planning for repair and replacement of infrastructure along with establishment of reserves for such work in rates may also mitigate future sudden large proposed rate increases. Finally, phasing in of rate increases or using deferred expense and amortization procedures may enable more "gentle" rate adjustments.

Of course, there may be times when a large rate increase cannot be avoided because of a risk to continuity of good service. However, shock may be diminished when the utility adequately explains to its customers the reasons for the increase. There is no substitute for good communication.

________________________________________________


*Lake Holiday Property Owners Association v.
Illinois Commerce Commission,2016 Ill.App3d
150816-U (3rd Dist 2016)

**Winston v. Arkansas Public Service Comm.,
984 S.W.2d 61 (Ct.App.1998)

***Office of Consumer Counsel v. Department
of Public Utility Control, 905 A.2d 1,
(2006)

© 2017 Daniel J. Kucera

Monday, February 27, 2017

SOME LIKE IT HOT, ALL OVER AGAIN

A recent published report states that the year 2016 was the warmest year on Earth since 1880, when record keeping began.* The article asserts that the global average surface temperature in 2016 was 1.69F degrees higher than the 20th Century average of 57F degrees.

The article also asserts that human activities, such as fossil fuel burning, increased temperatures, but also blames the effects of a strong El Nino which released heat from the ocean. The article does not allocate the temperature increases as between the two mentioned causes.

Interestingly, another report in the same publication states that Earth's ocean surface temperatures 125,000 years ago were comparable to the current reported temperatures.** In fact, it is estimated that the prior global warm period was 2C degrees warmer than today. According to the article, average global ocean surface temperatures 125,000 years ago were "indistinguishable" from the 1995-2014 average. Although the report does not mention it, one presumes human activity contributions to global warming 125,000 years ago would have been modest.

About ten days ago, my midwest area experienced several February days of record-breaking temperatures of at least 60F degrees. This warm period was, of course, quite unusual. But, before I could hyperventilate over climate change, I heard on local television news that this warm period could not hold a candle to a more extensive similar unusually warm period in February of 1898.

So, it was hot 125,000 years ago, it was hot in February, 1898, and it was hot in February, 2017. I put away the snow shovel and windshield ice scraper, watched daffodils pop up and snow drops bloom sooner than usual, noticed honey bees burdened with pollen from somewhere, and dared to exit the house without a coat. Maybe, some of us like it hot.

______________________________________________

* Sumner,"2016 Shattered Earth's Heat Record,"
Science News, February 18,2017, P.9

** Sumner,"Earth's Last Major Warm Period Was
As Hot As Today",Science News, February 18,
2017, p.19


© Daniel J. Kucera 2017

Friday, February 3, 2017

IS WATER AGELESS?

One of my current winter projects is to sort through hundreds of inherited old photographs squirreled away in foaming grocery bags and shoe boxes. Most have spent decades gathering dust in seldom opened closets, behind those shoes that have not be worn since schooldays but are just too good to discard.

The problem is this is no easy task. Many of the photos are not only old but also are of assumed ancestors which I cannot identify. You know, people are dressed in unfashionable black clothing of the sort seen in dull PBS documentaries and historic coffee table books that no one looks at. But--I dare not throw away a single photo because it may be of an unknown great grandfather or his third wife. So, photos go back into bags and boxes to live on.

A few years ago, a producer of a brand of whiskey advertised its virtues as having both age and ancestry. My futility with old photographs of unknown ancestors caused me to think about water. Does water have age and ancestry? When I fill a glass of water from a tap, is that water "new" or "old." Does the water in my glass have ancestor water?

Yes, water as a general substance is tied to Earth history, although there is no single agreed scientific explanation as to how it got here. But is the water in my glass water that dates back to the formation of Earth? And, yes the polar and glacial areas contain water frozen at some prior time. And yes, aquifers may contain water from a prior time but also may contain water from more recent surface water inflows.

So, what makes water "old". What makes water "new"? Is old water any different from new water? Is old water like a vintage wine that has matured into a fine taste or has turned sour from too much age? Is old water somehow an ancestor of new water?

Thinking about the age and ancestry of water has given me a headache. It has been as fruitful as sorting through old photos of grumpy looking unknown assumed relatives or almost relatives. So, I am going to put these water thoughts with the photos going into the dusty closet of my mind. Frankly, water in this regard is no different from my photos--it may have age and ancestry, but I cannot identify them.

© 2017 Daniel J. Kucera

Friday, January 13, 2017

BATHROOM DOORS...ARE THEY A LOCK?

I am intrigued whenever I see in a house a bathroom door with a lock mechanism. Generally, such locks are within a door knob, as a push button or lever. However, I recall one instance where the door was secured by a hook and eyelet such as what one would expect to see on a screen door in an old farm house or within a quaint outhouse.

My question: why should there be a lock on a residential bathroom door? I understand a desire for privacy. However, if a toilet or shower is in use, the door will be closed. If the door is open, the bathroom should be unoccupied. An open door policy is not at play here.

A few years ago, my wife and I stayed at a bed and breakfast house. Our room was large and recently remodeled. A full bathroom was within the room. However, the bathroom had no door. Locks and privacy were not an issue. Body sounds were.

On the outside of a locking bathroom door it is common to find a keyhole in the knob by which the door can be unlocked. When I enter a bathroom and lock the door, I begin to shake with fear that the lock will fail to reopen, making me a captive in the bathroom. This fear is compounded by the additional fear that no one will hear my calls for help, or that the owner cannot find the key to open the lock, or that locksmiths are on holiday. Instead of locking others out, I become locked in.

Is there a societal solution? Ralph Waldo Emerson said: "Be an opener of doors." Elizabeth Taylor is quoted as saying: "I feel very adventurous. There are so many doors to be opened, and I'm not afraid to look behind them." Finally, A>J> Darkholme explained: "Every man walks his own path, and every path has its fair share of locked doors. You never know who holds the key to a door you'll need to open one day, so you best treat people as if they all are key holders."

Is there a legal solution? There are court decisions that hold that residential bathrooms are entitled to privacy. For example, the U.S. Supreme Court has referred to the "century-old principle of respect for the privacy of the home."* This principle appears to go back to William Pitt's speech to Parliament in 1766: "The poorest man may, in his cottage, bid defiance to all the forces of the crown." More specifically, there is a reasonable expectation of privacy for a person in a single toilet bathroom.** As one state court decision put it, "An occupant of a closed bathroom is entitled to an expectation of privacy far greater than those persons in the common areas of a house, such as the living room and kitchen."***

However, in one federal court case, the court held otherwise. A husband and wife had an argument. The man retreated to a bathroom and locked the door. The wife called police. Officers entered the house with her consent. They ordered the husband to come out of the bathroom. When he refused, they forced the door open. In his complaint, he alleged that the officers acted unreasonably by unlawfully entering and searching the bathroom without his consent or a search warrant. The Court concluded that there was no constitutional violation because officers had the wife's consent to enter the house to protect a resident from possible domestic violence. "It is obvious from the Complaint that the officers couldn't see the Plaintiff behind the closed bathroom door and that, for some unapparent reason, he refused to present himself. The officers' duty to determine if a crime of violence had occurred and to ascertain whether Plaintiff posed a danger to their safety justified the officers' entry into Plaintiff's bathroom to address him directly."****

So, why do residential bathroom doors have locks? As Charles Dickens once said, "A very little key will open a very heavy door."

_________________________________________________

*Wilson v. Layne, 526 U.S. 603 (1999)

**United States v. Esparza, 162 F.3d 978
(8th Cir. Minn. 1998)

***Young v. Superior Court of Tulare County,
57 Cal. App. 3d 883 (5th Dist. 1976)

****Trull v. Smolka, U.S. Dist Ct., E.D. Va.,
3:08CV460-HEH (2008)

© 2017 Daniel J. Kucera