the toll plaza this morning nice and light this morning. it is early on this wednesday, december 21st. this is "today in the bay." good morning to you. big mike here spreading a little christmas cheer for us. he's behind the scenes, our grate floor crew here. 5:00 right now. i'm laura garcia-cannon. >> i'm marla tellez in for jon kelley today. we want to get straight to that chilly forecast with meteorologist christina loren. >> that is one ugly, ugly christmas sweater this morning. we'll have plenty of that for you. many of you having ugly christmas sweater parties this year, and the weather, you don't have to worry about any rainfall as we head through this weekend we'll stay high and dry. it's cold out there this morning. want to put a jacket over that sweater, 36 degrees in oakland,

45 in san francisco. but this cold start will make way to a gorgeous afternoon right here in the bay area. i will take you through that forecast. first it's 5:00 a.m. we want to check your drive with mike. >> i thought that sweater was cool. different tastes. we're looking at a live shot past the coliseum. top of the screen looks like headlights, but they're just lights coming over to the construction zone. picking up the cones northbound 880 past the coliseum. that's your only remaining activity past the coliseum. no slowing as you can see from this screen. a couple of incidents to update coming up. >> thank you very much, mike. it's 5:01 right now. one of the bay area's midwest well known agent leases this is in the headlines this morning facing accusations of sexual harassment. warriors team captain monta ellis is accused of harassing a former employee. the victim claims ellis repeatedly sent her unwanted text messages. her attorney says the texting got way too graphic.

the victim's attorney says warriors management knew about the harassment and feels they tried to cover it up by firing the woman in august. the attorney will file the lawsuit later this morning. the warriors have no comment so far on this matter. our christie smith is gathering information on the case and will have a live report just ahead. san jose police are looking for a carjacking suspect this morning. they say he is armed and dangerous. yesterday morning cops spotted this guy, 31-year-old jarek brown who is wanted in connection with a december 7th carjacking in milpitas. when they tried to stop brown, he took off in a silver bmw and crashed. after the crash he left the car and ran into the home of an 80-year-old man where he took this man's keys to his toyota camry and drove off in that car. so far police have not released the stolen car license plate. tomorrow could mark the final chapter in one of the south bay's most sensational murder cases. if murder for hire of a popular

south bay bar owner. a judge could decide to sentence paul garcia to life in prison tomorrow for the murder of his former business colleague mark achilles back in 2008. garcia's lawyer is hopeful the judge will grant his motion for a new trial instead. garcia is accused of hiring a hit man to kill the los gatos businessman allegedly because he was in love with the bartender who the man was dating at the time. he was convicted in october of 2010. a 7-year-old boy has died from his injuries after falling from a ski lift in the sierras. this accident happened at sugar bowl resort sunday on the mount lincoln express chair lift. the boy was riding with two other boys when he fell 60 feet. he landed on a mixture of snow and bare ground. he was taken to a hospital where he had surgery to relief pressure in his skull. he died yesterday from his injuries. 5:03 right now. a former middle school coach is

facing charges of stealing from students. 28-year-old michael taylor is accused of stealing two ipads at the menlo park school in atherton. police say he admitted to stealing the ipads when he came in voluntarily for an interview. authorities found the i pads in the search of his home in san leandro. the one-stop transit fare is celebrating a major milestone. the clipper card which is only available to a few bay area transit agencies is now being used by more than a million bay area passengers. the mtc says card usage has grown 30% in the last six months and almost 150% in the last year. eventually the card is scheduled to be available at all two dozen bay area transit agencies. seems bay area commuters certainly love their cars. a new report says despite a sluggish economy, more people will be traveling on the road for the holidays.

"today in the bay's" monte francis is live in fremont with a look at how the gas prices are fueling the trend. >> reporter: good morning. aaa says more than 11 million californians are hitting the road this holiday season. the good news for them is there's been a slight drop in the price of gas. you can see in fremont the average price for regular unleaded is $3.53. we have a look at other prices across the bay area. aing cross the board the average price went down about five cents in the past two weeks. in san francisco it's $3.57, in oakland it's $23.53 and in san jose $3.45. the number of californians on the road supp from last year by 4%. aaa says people are traveling but on a budget. so maybe they're not traveling as far this year. again, the most popular mode of transportation this year is the automobile, accounting for 90% of all the holiday trips in california. also you can expect heavy traffic statewide in the coming days. we're told more than 10 million

people are expected to be on the roads in california from friday through january 2nd. by the way, the airport should be less crowded. we understand nationwide holiday air travel is down by 9% compared to last year. laura and march larks back to you. >> thank you very much, monte francis. 5:06. another cold start to your day. no rain in the forecast immediately anyway. >> we need it, too. >> what's going on meteorologist christina loren? >> i'm searching and i do see something interesting. it doesn't arrive until late tuesday into wednesday. we'll stay dry up to that point f. you're traveling by vehicle, you will have to drive through thick fons, really dense fog in the sacramento valley. as we head throughout the day, we'll see a gorgeous day, a repeat performance from yesterday. unfortunately our air quality is suffering with a lack of wind, so we've got unhealthy air quality.

it's illegal to burn, spare-the-air for today. we've got fog, something we didn't have to deal with yesterday in places like novato and santa rosa. visibility dropping off here. looking good through the peninsula and the south bay. 39 in san jose, 39 in livermore, below freezing just about everywhere. grab the sweater, something you can peel off as the sun comes out and warms us up into the mid 60s. high pressure is the reason why, taking all the rain, the storm track way into canada. as we head throughout next few days, the jet stream not dipping all that much. not until next wednesday. so we're looking about a week out for the potential for showers to come down in the bay area. we'll talk about that. until then, enjoy the 60s we have for you today. slight cooling through thursday. let's check your drive with mike inouye. >> we'll give you updates on issues out there. the first is a sig alert we had eastbound 80 into vacaville. that's cleared from the roadway.

the accident activity still has one cruiser over on the shoulder. traffic is so light heading in that direction, we'll consider it completely clear. no slowing past the scene. as you continue eastbound into sacramento, watch the dense fog developing in the area. that will be an issue for drivers. here in the north bay we also have fog reported. there's still the issue southbound 101 to eastbound highway 12 at the connector ramp. no lanes are blocked, still activity and a few people there as well. watch for them. further south, no one remains at the construction zone northbound 37 to atherton avenue. 101 is clear of that construction through that part of the north bay. a look across the bay at the san mateo bridge. a smooth drive for folks heading over to 1 '01 with the taillights off the east bay and coming the the east bay, headlights looking equally as smooth. no problems across the bay, guys. back to you. >> thank you very much, mike. coming up, we told you what it's going to be like on the roads for the holidays. now we're taking you airborne. your holiday travel update.

plus are rising dairy costs hoping to kin zinc the last honest pizza. he delivered the package on time, just not all in one piece. the shocking video just ahead. >> reporter: new this morning in just a few hours, a lawsuit will be filed in superior court here in oakland against a golden state warriors er. i'm christie smith. i'll tell you what it's about coming up in a live report. don't worry, tiny people. flo is a gentle giant. bundle home and auto at progressive.com.

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welcome back. a live look over a very dark san jose as it should be at 5:11 on your wednesday morning. one of the bay area's most well known athletes is in the headlines facing serious accusations. christie smith joins us live

with details of the occasions expected to be filed today against warriors team captain monta ellis. >> reporter: good morning, laura. this lawsuit is expected to be filed in alameda superior court in oakland in just a couple hours. the plaintiff's attorney is also saying he's going to be showing the media what he considers supporting evidence of sexual harassment, 14 different allegations. this is against warriors franchise player monta ellis. it claims ellis repeatedly texted a co-worker and sexually harassed her. attorney burton boltuch told us the texting got graphic including pictures. he says she did not want a relationship with ellis. the suit also claims that ellis accused the plaintiff of not doing her work. she apparently worked there. this is december of last year, and that the warriors management knew about it and the texting harassment, and he feels they tried to cover it up. >> it was down to mr. ellis

starting in november of 2010 began a series of incessant, unwanted text messages to my client. >> reporter: the woman was apparently let go in august. the warriors did play last night in sacramento, but monta ellis did not make himself available for comment. the warriors have not commented yet either saying they haven't seen the lawsuit. as i mentioned, it will be filed today. reporting live in oakland, i'm christie smith. laura and marla, back to you. >> it will be interesting to see. thank you very much, christie. we want to check the forecast at 5:13 with meet oblth christina loren. >> 5:13. it is cold out there. we have unhealthy air quality, a layer of haze that you'll see vividly, especially over the north bay where the air quality is the unhealthiest. illegal to burn the fire wood and i know it's cold out there. of course you can burn it if it's your only source of heat.

that's the only exception. we want to keep the air quality as good as we possibly can. we have the stagnant air mass overhead. right now looking pretty good. the fog is developing through novato and santa rosa. looking really good all the way down along the peninsula through the south bay and the east bay for now. as we head through the next few hours, your temperatures are chilly this morning. take a look. we are below freezing just about everywhere in the north bay except for novato where you're right at freezing. 41 in san mateo, 36 in oakland, might get close to another record in oakland. we'll be watching for that for you. take a look where we're headed, just about as warm as it was yesterday. another repeated performance, a gorgeous winter day. of course, the first offial day of winter will be tomorrow, the winter solstice tonight. the days get shorter and our nights get longer. solstice tonight at 9:30. high pressure keeping us nice and dry through the weekend. as we head into your christmas sunday, 64 degrees, mild

conditions. we're at about 60 degrees, nice and dry on monday. tuesday, late tuesday into wednesday i think we'll get rain. first let's check your drive with mike. >> the palm trees for the california christmas. looking over here to the east bay where the webster tube construction and maintenance work is cleared. above the water or below the water you're okay from oakland to alameda. let's get a live look past the coliseum where we're looking at construction clearing from the northbound side. there it is, the flashing arrow we saw is being moved right now. a few cones remain and that truck, but no slowing approaching high street. that's great news through the east bay construction through oakland. more issues, a report form 580 as we look at the map and we'll see things moving for a 14-minute drive out of the altamont pass. further over toward the san joaquin county line, reports of fog from chp, exactly the same thing christina was talking about. visibility will be an issue as

you head towards sacramento. the south bay, northbound 101 moving smoothly through san jose. heading through santa clara, cupertino. mountain view, northbound 101, a disabled vehicle, might affect folks as you get onto the transition. very few people using that. you'll be okay. just be aware. looking at the golden gate bridge as welcoming from the north bay, no major issues for the bridge. there's fog up in know vault toe and santa rosa as well. that might be an issue as well. it's 5:16 right now. if restaurant known for its last honest pizza is getting ready to refire the ovens. yesterday roundtable pizza got approval from a bankruptcy court to reorganize, also planning to open new restaurants across the country and overseas. roundtable filed for bankruptcy in february after posting nearly $30 million in debt. more signs the silicon valley could be leading the bay area out of a slumping economy.

a real estate firm purchased a half billion dollars' worth of business parks in the east and south bays. reports say it's the biggest property purchase in the bay area this year. the firm is banking companies will be setting up shop based on recent job figures. over the past year the south bay has the fastest job growth rate across the country. another day, another holiday shopping deal as retailers push to keep online shoppers happy. for more on that, let's turn to jackie deangelis live at cnbc world headquarters. good morning, jackie. >> reporter: good morning, guys. the futures are lower right now as the markets don't seem likely to hold on to yesterday's big rally. the stocks soared yesterday as investors sentiment got a strong boost from u.s. housing data. housing starts rose 9.3% last month, the best pace in a year and a half. there was also good news from europe with improving business sentiment in germany and a decent bond auction in spain. today tech stocks could get beat

by oracle. also get data this morning on existing home sales and revisions for the past five years which could show realtors overcounted sales suggesting the housing crash was worse than they previously thought. the dow jumped 337 points yesterday to close at 12,103. the nasdaq gaining 80 points to close at 2603. fewer people are flying this holiday season. that doesn't mean the planes won't be packed. 43.3 million people will fly over the three-week period, down 1% from last year. planes are still going to be full as airlines have cut both flights and the number of aircraft that are flying in the skies. free shipping? that's so last week, guys. growing trend right now among retailers is to offer free return shipping. some companies like zap pose have been doing this for a while. many others are joining including sacks, nordstrom and neiman marcus.

they say it's about keeping consumers happy and shopping more online. >> thank you very much, jackie. also want to take you to video that we're getting. can you makist out there? this is the russian soyuz launch. it's live. breaking up in just a little bit. it tease spacecraft that is actually going to be lifting off from the international space station this morning and documenting in kaz ak stan. there are three crew members on board, a couple of russian astronauts as well as an american. now we're getting into some video there. it's going to be the third digital series of the soyuz to launch into space and will launch the full transition to the digital era. security video of a fedex  delivery man smashing a commuter monitor is now a smash hit on youtube. check this out. the footage shows what happened when a delivery man found a gate

blocking his way to this house. instead of trying to use the keypad to be buzzed in, he simplies tos the package over the gate. looks like he's had it. peering over his shoulder, the man marched back to his truck. the person who posted this video says he or she was home at the time with the front door wide open. the clip has gotten more than 200,000 views. >> here's your monitor. 5:20 right now. coming up, a foreign invasion in the delta. the threat that could actually choke some channels near the east bay. plus a man wins a luxury car and six hours later it looks like this. we'll tell you how it happened just ahead. a foreign invasion of american computers by the chinese, very serious accusations. we'll take a look ahead in business. o

welcome back. 5:23 now. it is a major threat to the delta region waters, and it's back. the south american sponge plant was recently spotted in small areas of the delta. if not dealt with, it can spread quickly and clog water delivery pumps at marinas. it can clog them and marination. plant experts say they canner rad cat the plant but their hands are tied by red tape. state funds only are provided to combat certain types of water weeds. sponge plants were first seen in 2003 and appeared spore radically ever since. this morning environmentalists in the east bay are servicing notices to some power plants. in the endangered species notice environmentalist group filed a formal notice against the owners

of four power plants in east contra costa county. the group say it is lawsuit threat is an effort to to help protect a rare plant, butterflies and reduce greenhouse gas emissions. they say if their demands are not met, they will continue with the lawsuit. 5:24. the u.s. government may demand san francisco-based twitter shut down an account belonging the suspected terrorists. scott mcgrew says that would be unprecede unprecedented. >> also like playing whack a mole. you know how easy it is to set up a new twitter account. it belongs to shabaab in somalia, all written in english, taunting both the u.s. and its rival. this morning announcing they set off an ied that destroyed two kenyan personnel carriers. the u.s. government is considering a legal action to shut the twitter account down.

the folks i talked to at twitter said they've heard nothing so far. serious accusations against china this morning that agents working for that country hacked into the computers belonging the the u.s. chamber of commerce. the "wall street journal" says spies may have had access for a year. now, that china spies on and violates american computers is not new. what's new is how straightforward washington and the press are being about there, naming china specifically. on a lighter note, amazon sent a software update to the owners of the fire tablet overnight making the tablet faster and easier to use. it also enables parents to lock access to the store so your kids can't buy everything on the planet just by picking up your tablet. it lets you remove titles of books on the front screen in case you don't want the whole world to know what it is you're read sglg thank you very much, scott. 5:25 right now. a joy ride hits the skids for a utah man.

he won $380,000, got a lamborghini only to crash it six hours later. david to be won the car at a byu game over the weekend. after cruising around town with friends, family. he say it is car hit a slick spot in the road, lost control, spinning around, slamming into a fence. look at the damage there. the good news is he had the car insured, so it will eventually get fixed good as new. to be says he'll be a lot more careful in the future. >> 5:26. still ahead on today in the bay, making sure drivers are sober behind the wheel. the holiday crackdown just ahead. shining a light on the candlestick power outage. what was really to blame? we'll have the latest on the investigation just ahead. it's another frigid start across the bay area. we've got some pretty nice temperatures for you today. we'll tell you about those and we're already tracking travel delays in the east. we'll show you where when we

come right back. i've been tracking a lot of incidents for 880. the latest for the nimitz, a disabled truck in lanes. i'm checking it out with our meigra rhts now. we'll see what we find coming up. [ mom ] hey guys. guys... [ female announcer ] pillsbury cinnamon rolls with cinnabon cinnamon are an irresistible sunday morning idea. nothing calls them to the table faster. sunday morning ideas made easy. [ younger brother ] oh, do you want it? yeah. ok, we'll split it.

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>> reporter: new this morning, a very popular golden state warrior basketball player is being hit with a sexual harassment lawsuit today. i'm christie smith. i'll have details coming up in a live report. >> reporter: a slow economy does not translate to a slow holiday travel season. i'm monte francis live in fremont. i'll explain coming up. plus public safety versus public speech. what oakland is doing to balance the two just ahead. a live look at the golden gate bridge toll plaza. it is wednesday, december 21st. this is "today in the bay."

if that doesn't scream christmas, i don't know what does. a well-lit sweater this morning. it's 5:29 right now. i'm laura garcia-cannon. >> i'm marla tellez. jon kelley is off today. we want to get straight to the forecast with meteorologist christina loren. >> boy, he was ready for his close-up, wasn't he? that's our floor director mike with the ugly christmas sweater. we're headed towards a comfortable afternoon and a good looking holiday ahead. today is wednesday, you've got to get over that hump and then you get to enjoy that holiday. 35 degrees at 7:00 a.m. at about 50 by noon. and rounding out the day with the 60s as you make your way home from work. 57 in places like san jose. we'll take you through the first forecast coming up. mike has delays on a slower-than-usual wednesday. >> we'll take you to oakland

where the volume is rely light. i'm looking for the flashing lights we saw a few minutes ago as well. it was on coliseum way. i saw chp traveling through area north of high street. that may be where the box truck is blocking the slow lane. chp will give me another update in a few minutes. >> thank you, mike. 5:31 now. one of the bay area's most well-known athletes is making headlines this morning, but for the wrong reasons. golden state warrior team captain monta ellis and the team itself are facing a sexual harassment lawsuit. "today in the bay's" christie smith is live in oakland with what we're hearing from the accuser's attorney. christie, good morning. >> reporter: good morning to you. this lawsuit is being brought by a former golden state warriors employee, a woman who said that popular player monta ellis sexually harassed her and this went on for nearly a year starting in november of 2010.

the plaintiff's attorney says his client did not want to have a relationship with ellis and that he repeatedly texted this co-worker and sexually harassed her. he goes on to say the texting got graphic including at least one photograph. the lawsuit will be filed today here in oakland, in alameda county superior court a little later this morning. the attorney says the texts came at night or early in the morning. >> what are you doing? what are you wearing? she would say i'm going to sleep, i'm wearing pajamas. he texted her, "hey sexy." she was not acquiescing. >> reporter: now, the lawsuit also claims that ellis accused the plaintiff of not doing her work. that was last december and ha the warriors knew about the harassment. he feels they actually tried to cover it up by firing her. the warriors did play last night. ellis did not make himself available for comment. as for the team, the warriors

have not commented either saying they haven't had a chance to take a look at the lawsuit. that's the latest from here, live in oakland, i'm christie smith. back to you. the city of oakland will announce the hiring of an independent investigator to evaluate the police response to occupy protests at a hearing this morning. the mayor and city administrator want an outside party to evaluate the use of police force during the demonstrations. the council will also consider a resolution to allow city leaders to do everything legally possible to keep the port of oakland operational during protests. the hearing will start at 10:00 this morning at city hall. 5:33. san francisco is honoring the life of a bay area billionaire and philanthropist. mayor ed lee is ordering flags on city and county buildings to be lowered in remembrance of warren helmand. he made his fortune in finance, but he's also known for his

generosity to local causes. the 77-year-old died last week from complications from leukemia. 5:33 right now. if you drink and drive this holiday weekend in santa clara county, officers will be looking for you. santa clara county sheriffs and the california highway patrol are setting up a series of dui checkpoints. it's part of the nationwide drive, sober or get pulled over crackdown on drunken driving. the checkpoints and extra police patrols will be up and running through new year's. 5:34. millions of californians are hitting the road this holiday season despite the slow economic recovery, getting a bit of relief at the pumps. "today in the bay's" monte ellis is live in fremont with more. >> reporter: aaa says more than 11 million californians are hitting the road. the good news is there's a slight drop in the price of gas. in fremont, $3.53 a gallon.

a look at other prices across the bay area. across the board, the average price went down about five cents in fast two weeks. in san francisco, $3.57, in oakland $3.53 and in san jose $3.45. the number of californians on the road is up from last year by about 4%. aaa says people are traveling but doing it on a budget and maybe not traveling as far this year. the most popular mode of transportation is the car accounting for 90% of all holiday trips in the state. also you can expect some heavy traffic statewide in the coming days. we're told more than ten million people are expected to be on the roads in california from friday through january 2nd. the airports should be less crowded. air travel is down by about 9% from last year. marla and laura, back to you. >> okay, monte, thank you. we are getting a clearer picture as to how power was lost during a 49ers game. pg&e says a spliced power line caused several outages during

monday night's football game at candlestick park. a 12,000-volt wire on a utility pole close to the stadium failed just before kickoff. power was eventually restored. a second outage later in the game is still being investigated. san francisco mayor ed lee called it a national embarrassment and is apologizing to fans, 49ers and the nfl. grab the jacket as you head out the door this morning. meteorologist christina loren joins us with a look at the forecast. >> good morning. it's cold, but take a look at what we could be dealing with. they are getting just rocked on the eastern seaboard. a potent winter storm setting um there. we already have flight delays this morning out of chicago's o'hare, charlotte, north carolina and philly. make sure to check ahead. we'rexpecting delays if you're flying out of san francisco to any of those cities. more of the same as you see the big storm system,'r nasty weath throughout the eastern seaboard and the east coast all through

out the day today. for us, a much different scenario. we'll start out kind of messy, a little fog out there this morning, enough to get your roadways nice and slick. we've got frost out there as well. but the second half of the day is going to be so nice. you'll want to get outdoors. perfect for last-minute shopping. the only wrench in the perfect forecast is we have unhealthy air quality in the north bay. moderate just about everywhere else. in the north bay, you want to try to limit your outdoor activity if you suffer from respiratory issues or asthma. we have tag out there, visibility dropping off in novato and fairfield. a lot of sunshine later this afternoon and temps in the mid 60s. 63 degrees in livermore. i'll tell you when we have rain in the forecast. i've included it in your seven day. first let's get you to work if you've got to get there on time with mike inouye. we'll take you for an update, first an issue i told you for 880 past the coliseum. we were looking for the disabled big rig in lanes north of the coliseum. i told you we didn't see it.

but we did see chp running through the area. they updated us and let us know there was nothing. a smooth approach to the bay bridge toll plaza as well. as we look out to more maps, we do have the construction going on northbound 680 through alamo and danville. southbound i've marked the sycamore valley off-ramp. crews should be picking up in about 20 minutes. north of there, antioch, westbound highway 4 with a smooth drive off the antioch bridge. there is slowing. no major issues g through summersville. we'll get a look out there for the golden gate bridge as you're coming across from the north bay. an easy drive south of san rafael. it will affect drivers coming through the area and maybe frost as well. keep that in mind. we'll send it back to you. sharing power, a surprising

twist in leadership in north korea. >> roadmap to recovery. japan spells out how it will deal with fallout from the crippled nuclear plant. >> a live look at hp pavilion near downtown san jose. we'll check the forecast where i

welcome back everyone. a live look outside. bay bridge toll plaza this morning, bundle up before you head out the door. it is a cold one. 5:41. you can could see less money in your paycheck next year if congress misses its deadline on payroll tax cuts and jobless benefits. today in the bay's tracie potts is live near capitol hill where the standoff continues. congress has just 11 days to break this stalemate. >> that's right. what this means to you, marla, is 2% of your pay coming out

starting january 1st if they can't break the stalemate. this week senate democrats gone, senate republicans gone. now some house republicans leaving as well. the rank and file members. the leadership, the negotiators are still here asking democrats to come back, sit down at the table, asking president obama to urge them to do so. but the president say it is only way to prevent this from happening, january 1st, to keep this 2% in your paycheck is for republicans to give in and approve what the senate already approved including republicans, which is a 60-day extension. then they can come back in jan heir and work on the full year. republicans insist on negotiating the full year right now, and that is the stalemate. at stake, 160 million working americans' paychecks, almost 2.5 people that could lose unemployment checks and 48 million seniors whose doctors may not be paid on time. marla? >> a lot riding on that.

tracie, thank you. north korea is shifting away from a sij ruler and will be governed by a collective group for now. reports say kim jong-un, his uncle and the military will take charge of the isolated country. analysts predicted this saying the older establishment in north korea isn't ready to give full support to the much younger kim jong-un. the group will have the same goal of keeping the regime alive. today japan will release its lengthy roadmap to cleanup and decommission the nuclear plant that suffered a meltdown when the tsunami hit in march. the government says the job may take up to 40 years. under the plan, the plant operator will begin removing spent fuel rods within two years, after that they'll begin removing the melted fuel. that process is expected to be completed 25 years from now. fully decommissioning the plant would require another five to ten more years after the fuel debris is removed.

>> this morning, lawyers for the man who allegedly orchestrated the biggest national security leak in u.s. history will get to present evidence in his defense. so far defense lawyers have revealed little about therapy strategy for bradley manning in the wikileaks case. witnesses say the former army intelligence analyst was a troubled young man who should haven't had access to classified materials. the government wants manning court-martialed for aiding the enemy and 21 other charges. 5:44. the debate over a hotly contested internet bill opposed by silicon valley bigwigs will be delayed on capitol hill. the house judiciary committee says it won't continue the debate over the stop online piracy act until congress comes back from winter break. the bill pits silicon valley tech companies against hollywood. entertainment and manufacturing companies support the bill which gives authority to people who

illegally count fit items on foreign websites. critics argue the bill amounts to internet censorship and would have a chilling effect on free speech. europe's high kurt will hand down a final ruling in a case over airline emissions. under european union law come january 1st, airlines will be allocated pollution permits. if it exceeds its limit, it can buy permits from other airlines that have emitted less than allowed. u.s. airlines challenged the law saying the eu was inning infringing only the sovereignty of other nations. secretary of state hillary clinton is urging the eu to reconsider and saying the united states is prepared to take unspecified action. federal air safety regulators will issue new rules today when it comes to pilot fatigue. there are scientifically based limits on how many hours each day commercial pilots can sit behind an airplane's controls and how long they can be on the clock. the faa wants to guarantee pilots at least nine hours of

rest between shifts instead of the eight now mandated. the agency also wants to reduce the number of work days, especially those flying relatively short trips for commuter carriers. >> let's get the same standards for morning crews, what do you think? >> great idea. 5:46. we'll check the forecast with meteorologist christina loren. >> we don't want you to have to forego your helicopter arrival every morning, laura. >> yeah, right. >> looking good right now. if you're heading toward the east coast, collect with your carrier before leaving. with we have a nasty winter storm all up and down the eastern seaboard. delays today and tomorrow as well. form us here, though, if you can hold on through out this very, very cold start, by about 9:00 a.m., wheel be done with the fog, the frost and we'll see another gorgeous afternoon. 27 degrees though, a little chilly in novato this morning. fog out there in addition to the frost. fairfield reporting a quarter mile visibility.

expecting fog to continue to drift in through the delta. the fog that we're so used to this time of year, that's what we're going to see today. concord will likely drop off and livermore over the course of the next two hours. for us a little change today. a short wave trough is going to get into the bay area. this is going to mix our atmosphere around. that's going to keep the very dense fog from developing along the peninsula and the south bay. this will also bring in more clouds for tonight. not expecting it to be quite as cold when we meet back here tomorrow morning. dry kay days continue. it's going to hold on strong until next monday. then it starts to break down and head to the east. and for us, that could usher in some rain showers, especially in the north bay. it looks like late tuesday into next wednesday. to hold on for that. today, though, lots of sunshine. 62 in san jose, 62 in los gatos and 59 degrees in santa cruz, a lot of sunshine all day long. as we head through your

christmas sunday, 64 degrees, great opportunity to get outdoors. it will be comfortable enough for you to do so in the afternoon hours. there's the chance of rain late tuesday into wednesday. i wouldn't say don't wash your car until then. i think it's always a good idea to keep the car washed because the chance is very slight, about 20%. hey, that's a great christmas gift idea, mike. maybe you can wash my car this year. >> if we're in north xbay, it might freeze. i'm considering watching everybody's car for christmas. that would make it no different than any other week. that's part of my chores. a nice drive northbound with speed sensors. smooth flow of traffic. if you're heading over the santa cruz mountains, highway 17 has construction continuing until about 7:00 a.m. there's a delay. we're switching the one lane south of the summit. keep that in mind if that is your commute. meanwhile, if we're looking at the altamont pass and a slower drive into livermore, a 15-minute travel time

registering. the volume picking up as you come out of the merge with 205. opposite direction, christine is talking dense fog. we'll keep that in mind as well. we're looking at construction continuing in spots for 680 between san ramon and alamo in spots. those should all be picking up. the crews moving over the next 15 minutes or so. no major slowing past those areas. the peninsula moving smoothly. highway 92 itself, the san mateo bridge, look at this. a nice easy drive coming off the peninsula with the headlights along the flat section. the commute direction westbound with the taillights. we'll end with a look at the bay bridge toll plaza. we'll see the metering lights turn on probably just after 6:20. 5:49 right now. it seems like mailboxes are joining land line phones as relics of a bygone era. ups says it's seen an up take in the number of people ditching

their mailboxes at home. the company says it's getting popular because the company will text or e-mail you when your packages arrive. that way you can wait for all your packages to get there and then pick them up all at once. 5:49 right now. he carries a dag and delivers presents door-to-door. but the post office says that's where the similarities should end between a post man and old st. nick. you see for the last decade a post man up in washington state has been wearing a santa suit on his route during the holidays. this year the postmaster asked him to stop suiting up after one of his co-workers complained. >> santa claus is secular, it's not any religion. >> santa says he's not removing his suit without a fight. despite this warning he's still wearing his suit on his rounds. the post man says he's scared he might lose his job. he hopes in the end the christmas spirit will prevail. >> wow. 5:50 right now.

coming up, santa is used to having the reindeers on the harness. this time it's the jolly old elves getting rained in. santa getting hoisted up in the air. california giving the feds a subpoena in their stocking. why the state's top lawyer is taking on two government-run agencies just ahead. plus new car technology including video chat. possibly ? '4

welcome back. traffic picking up a little as we progress into our wednesday morning. 5:53 right now. the two government-run home lenders in the center of the mortgage crisis are being sued by california. attorney general carmela harris

filed papers in court demanding fannie mae and freddie mac respond to a state investigation. harris wants both the answer questions about their lending and foreclosure practices. she also wants to know if they have information on the decreased values of homes due to drug dealing or prostitution. the lenders are being asked if they complied with zil rights laws protecting minorities and military families. this morning we're getting a look at the first known major contributor to the governor's new tax plan. california krooibl business alliance and two of its member tribes have given $275,000 to support the governor's pal lot initiative. the plan would raise the state sales tax by half cent and increase income taxes for those making more than $250,000 a year. brown says the plan would raise an estimated $7 billion in one fiscal year. 5:54. today the state is launching a new website to help californians plan long-term health care.

the site is are you ready ca.org, managed by the state department of health care services. it includes tools, cac laters and possible scenarios for individuals and households. a cool new way to open doors this morning. scott mcgrew got a kick out of it. >> we were shoot ag story about some of the new technology in cars. i thought you might like this, because we near the height of shopping season with arms full. you can kick under the bumper of this floor and the lift gate opens without you having to press a button. pretty cool. >> people spend a lot of time in their vehicles, just like they expect their phones or devices to do a lot of things, they expect their car to do it. >> while that lady was talking, laura said can anybody do that? no. i don't view to have the keys in your pockets. chevy fans, how about this, video chat on your dashboard. what could possibly go wrong. on star release ag system it plans to reveal at the consumer electronics show. video chat would only be

available when the car is in park. oracle turning in lousy numbers, the amount of software it sold grew just 2%. oracle shares will have a tough time today after a fan tas ticks day yesterday on the markets. >> great to watch. thank you so much. 5:56. how is this for adorable. a little boy in england was worried santa couldn't fit down the chimney of his new home. he asked the developer to do something about it. this 6-year-old boy sent a letter to the developer with a plea to make sure santa would be able to fit when the home was finished. the developer enlisted help to design what is thought to be the world's first santa-friendly chimney. they strapped santa to a crane with leo looking down below. everything turned out just fine. the family will move in next december. santa promises he'll be there.

hopefully he won't get stuck. 5:56. still ahead, planning your holiday travel from gas prices to the best routes, we've got you covered. >> a correspondent versal cell phone tower plan gets the green light. critics say not a done deal just yet. >> here is the deal when it comes to your weather today, very cold start. frost and fog out there. we'll have a really comfortable afternoon. i got a new accident involving a big rig. if you're heading to the walnut creek interchange, stand by for my report. this could be of interest to you. a live look near downtown san jose, looking at hp pavilion where the sharks play. stay with us. ♪

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>> reporter: new this morning, a star player with the golden state warriors basketball team is being hit with a