valero and tesoro ♪[ music the thing i don't think most californians really understand, yet, is who islly driving this initiative, who is funding it. these two texas oil companies, tesoro and veteran pitchers letter oh corporationings, are the primary sponsors of the prop 23. 90% of the money is coming from the oil industry and why are they sponsoring this? well they make a ton of money from the status quo. >> valero and tesoro, i think these guys think they are on a roll, they have made $9 billion between them in california in the last five years, they think they can come in and change the rules out how they are allowed to create pollution for money. >> having to retrofit their refineries so they put out less pollution costs them money. >> prop 23 is basically saying "i'm a rich oil company and i don't have to be accountable to the people of california, i can buy my way out of protecting human health." >> at the most basic level the thing that we need to do to solve climate change is to stop emitting carbon dioxide. most of the air pollution comes from combustion of fossil fuels, whet

in energy, coal company consol fell almost 5% and gasoline refiner valero was down almost 4%. each of the energy stocks fell on twice their usual volume. a couple of bright spots came from two dow industrial components reporting earnings, home depot and wal-mart. home depot's results were three cents better than estimates. sales and margins were up and home depot increased its outlook. shares of h-d were the best performing among the dow 30 stocks, rising 1% on better than two times its average volume. the stock hasn't traded over $32 a share since june. wal mart, meantime, was the only other dow industrial component in the green today, up 0.5%. wal-mart volume was also about twice its average. earnings came in as expected, even though u.s. same-store sales were down for the sixth straight quarter. international sales drove the earnings growth and helped mart increase its outlook for the year. a few other retailers moving today. dick's sporting goods jumped 12% on heavy volume. this is a three-year high. margins and sales improved and it raised its outlook. this helped hibbett

they are calling on muslim americans to let valero know about their disappointment. but we did not encounter much outrage. >> i have been coming here a really long time. i do not have a problem with them or anything. >> they are asking people to take hats off and it is common around here. >> they did it to me the other day. they kicked me out of the store because it did not want to do it. >> they should provide her with an exception to the policy. >> i was humiliated and disgusted because i am a muslim. i am an american also. >> a representative said that this particular story has -- this particular store has a no- wii policy -- this particular has a no hoody policy. >>>> we can all get used to the sunshine and the mild temperatures. but let's look at the forecast. >> changes will probably happen after the weekend. let's get upstairs, high above the weather center. there is still a little daylight, but we had a crystal clear day al there. -- day out there. here is a look at the headlines. it will be sunny and pleasant to more. the rain is steadily in the forecast, bu

. >> reporter: three other major refineries, chevron as well as valero and shell have their own big powers that generate 90% of the power they use. and even if they're power shut down, they can still produce power. >> it's important to generate our own power. we have ways to make up some additional power and we have procedures in place. we can get the refinery into a stable condition. >>> we don't know if the rodeo based conoco facility does or does not have back up power. the refinery did not go back up because of the veterans day, but it's something to consider. >>> this isn't the first time tesoro has faced a problem at one of its refineries. the last time the refinery in martinez was forced to shut down because of a fire was back in march of 2006. the tesoro plant is also under an investigation. that explosion killed four workers. you can go to ktvu.com and click on the bay area news tab. >>> stranded at sea no more. the stranded crew is over. now the nows of passengers on board a doomed carnival ship are safely back on dry land. john fowler here now with more. >> reporter: some call