Grain Belt Express LLC, (the Applicant), applied for federal financial assistance via a loan guarantee from the United States (U.S.) Department of Energy (DOE) Loan Programs Office (LPO) under Title XVII of the Energy Policy Act of 2005 (EPAct) (42 U.S. Code [U.S.C.] 16513), as amended. Section 1703 of Title XVII (the Clean Energy Financing Program) defines eligible projects as those that, “avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases [GHGs]; and employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued” (Public Law [P.L.] 109-58, Section 1703(a)).

While the project is mainly using existing rights-of-way, there are “some limited areas” where the rights-of-way will have to be expanded to accommodate new transmission structures, according to the fact sheet.

Potomac Edison has “approached a handful of property owners in those areas (a mix of commercial or privately owned, undeveloped land) to discuss obtaining those easements for fair market compensation.”

Right now, Potomac Edison is conducting “preconstruction activities” along the transmission rights-of-way, according to the project fact sheet.
​
Company employees might be seen driving or walking the properties where the rights-of-way are, taking measurements, placing boundary flags, and gathering soil or vegetation samples.

For all these regulatory purposes, the legal lodestar is the regulatory statute. Most regulatory statutes tell regulators to act “in the public interest.” This command implies a statutory judgment—that absent regulation’s constraints and inducements, private behavior will diverge from the public interest; that whether the market structure is monopolistic or competitive, universal, reliable, safe utility service at reasonable rates won’t happen by itself. Effective regulation therefore aims to align private behavior with the public interest.  Regulation defines standards for performance, then assigns consequences, positive and negative, for that performance. The common purpose of all regulation is performance.

The White House on Monday said it was nominating Laura Swett, an energy attorney at Vinson & Elkins, to take the seat held by Federal Energy Regulatory Commission Chairman Mark Christie.

Christie’s term expires June 30, although he can remain in his seat through this Congressional session, which typically ends around the end of the year.

The move to replace Christie appears to have been a surprise. “I learned this evening from a media inquiry that Pres. Trump has appointed Laura Swett to replace me when my term expires,” he said on social media. “I congratulate Laura and wish her the best.”

Christie said he would remain at FERC for a few weeks after June 30 to help get key orders out.

FERC's Mission: Assist consumers in obtaining reliable, safe, secure, and economically efficient energy services at a reasonable cost through appropriate regulatory and market means, and collaborative efforts.

Marilyn O'Bannon and her family on their Missouri farm. Marilyn is in the back row just above the word "For".

My story
by Marilyn O'Bannon
 
The day I was informed Grain Belt Express (GBE) merchant transmission had a proposed route to cross our family’s farms, it struck an emotion in me that I had never experienced.   I first thought if I’m just finding out about this project, then others need to know as well.  After searching for information on Google, my emotion immediately changed to anger as how could this happen in our county without people knowing about it?  Within minutes I called my US Representative, Sam Graves.  His legislative assistant informed me Rep. Graves was aware of project and there were constituents in favor of the project.  I was asked to get more information and call back.  I next called my State District Representative, Jim Hansen.  Rep. Hansen had more information on the project, informing me that Grain Belt representatives and lobbyists had been at the state Capitol asking for support of the project.  This was my first contact ever with Rep. Hansen, and he let me know he was not comfortable with the project and said he was willing to support Monroe County landowners.
 
After these initial calls, I felt overwhelmed realizing this was worse than I thought, especially after discovering the company, Clean Line, was planning to file an application with the PSC in March, and it was mid-December.  My younger son, said “Mom, you have to do something.”  I thought, what?  This actually motivated me—yes, do something!  I told my son, let’s visit the county commissioners as soon as possible.  A couple of days later, my son and I showed up unannounced to meet with the commissioners.  My thought previous to speaking with the three commissioners (men), was I need to let them know about this horrible project that is proposed to go through our county because they should do something.  As soon as I told them what I had learned, they smiled and said they had been meeting with Clean Line/GBE for almost two years, and that the county was going to receive a lot of tax revenue from the project.  I asked if they had verified that information, and they looked surprised and said well that is what project owner Clean Line's (CL) representatives told them.  I asked several more questions they couldn’t answer and then was told I should contact Adhar Johnson (from CL), she is really nice and good looking.  They gave me her number.  I reiterated that I could not believe I knew nothing about his project, and the commissioners told me, “you should have gone to the open house last summer.” I said what Open House?  CL had told commissioners all of the landowners were invited to the open house and the commissioners attended.  I asked if they saw any landowners on the proposed route at the open house, got a blank stare, then they recalled one landowner there and they thought he supported the project.  I said I can’t imagine why anyone would support a project like this.  Then one of the commissioners said, “you will get paid well for the easement.”  I replied it’s in the middle of our fields, no amount of money would be enough and asked, “would you want this line in the middle of your farm?”  The commissioner looked down and said no.   I told the commissioners it was evident more information was needed about the project, and I would be back the next week to see if they were able to verify the tax revenue and other project details.  I said I would try to call Adhar Johnson and report back.  

Following this meeting, I contacted several close neighbors and discovered no one was aware of the GB project.   I quickly became more motivated to get some answers and get all of the folks on the proposed route contacted.  My son recalled in a recent visit to his in-laws in northwest Missouri, he saw signs with words Block Grain Belt Express.  I contacted his in-laws to get contact information on Block Grain Belt Express.   I was able to get in contact with someone who was leading opposition of GBE for the past six months.  I returned to visit with the county commission, and discovered the commissioners were not able to verify the $800,000 tax revenue for the county that Clean Line representatives had told them.  Again, the commissioners seemed to think this project was good for the county and I stated there should have been a meeting organized by them in Paris, Missouri, the county seat.  I learned the commissioners had signed a letter giving support for the project.  
 
I knew at this point action must be taken.  I needed to rally support and get a meeting organized inviting all of the folks on the proposed route, neighbors nearby the route, county and state officials, and even our consolidated electric manager.  It’s now just after the first of January and I needed to get a meeting set up quickly.  After calling our local community center, I was informed they would not charge rent for the space.  Dividing the route in thirds, I contacted a landowner on the east end of the route and another landowner to the west, with myself taking the middle, to contact as many of the landowners as possible.  I sent information and the date of the meeting January 25th, to be distributed.  Local newspapers were contacted to inform of the meeting, and I started having conversations with Northwest Missouri opposition—what support!  They had signs and had already been working on lists of landowners to the south and east of them to begin informational meetings.  I think we both were overjoyed to connect the state.  Block GBE-Missouri had been getting advice and support from Block GBE-Illinois.  Joining this network gave the direction I was needing to focus efforts on opposition.  I invited Block GBE to our January meeting in Madison and they were happy to give a presentation and provide information for opposing such as how to contact Missouri PSC.  Prior to the meeting planned in January, I gathered about a dozen neighbors to meet with County Commissioners to let them know they were not aware of GBE, they were opposing the project, and asked the commissioners to rescind their support of the project.  The number in attendance made a huge difference in the attitude of the commissioners and they stated they would attend the meeting in Madison later in January, and also stated they would rescind their support of GBE. 
 
Prior to the meeting in January, I kept working to be more informed about the project to be able to have information for landowners planning to attend.   I was starting a contact list of landowners and folks interested in property rights, and emailing updates on a regular basis.  
 
The meeting was a huge success.  Close to a hundred in attendance.  Russ Pisciotta and his wife, (Block Grain Belt Express-Missouri) from northwest Missouri, gave an excellent presentation.  Strategies going forward were discussed and it was clear the opposition was growing as more people were getting informed and communicated with regularly by email and Facebook.  Two of the County Commissioners attended the meeting, and shared they were rescinding their support of the GBE project.   It was at this meeting that I was informed GBE was planning a media event in a few days in Jefferson City at the ABB plant.  This event was invitation only, but since the county clerk shared it with me, I decided to go and took three other volunteers with me.  Just to park, clearance was needed.  At the door, I was directed to a desk to check-in.  After I checked in, I was immediately swarmed by a few people who asked who I was and why was I there.  I learned quickly two of them were Mark Lawlor, GBE project manager and Adhar Johnson (the nice girl from CL).  Adhar threw her arms in front of me telling me to leave.  I stated I was there as a stakeholder and to learn, not to give any trouble.  Adhar yelled at me, stating you are a landowner and we are not ready to talk with you.  Immediately, this got the attention of the plant manager.  Adhar told him I should leave.  I explained it looked like a lot of people were in attendance, however most were senators and representatives.  He listened to GBE representatives complain about my attendance, and I said innocently, I’ve done nothing to these people.  The ABB manager apologized, telling me to leave.  At that point, I asked if could use the restroom before leaving. Adhar stated don’t let her.  Politely, the manager said he would escort me to restroom.  I was polite, as well, and as I was being escorted, I asked the manager if he did not notice their disrespect.  In fact, I got the manager’s business card and followed up with a letter of my appreciation for the bathroom break and the disrespect I received. 
 
Leaving that encounter with GBE, I was discouraged.  I called John Cauthorn (past state Senator), before leaving the parking lot and reported the treatment.  He asked me what I was going to do and I said, “go home.”   He said no, “go to the Capitol, stop anyone who will listen to you and tell them about GBE.”    
I’m thinking I’ve never done this before, I don’t know what I’m doing?  It’s 10 am, sure maybe we can stop by the Capitol and see how it goes.  This is when the activism kicked in gear.  We went from office to office, getting either appointments or catching a rep or senator to listen to us.  We were told to see office of Economic Development which we did and also see Senator Rupp who was scheduled for an appointment to the PSC in April.  One of the persons with me said his son hunts with Senator Rupp, so we had our connection.   Activism and Advocacy full force.  I think we left the Capitol around 4 or later that day.  My sister-in-law called me to ask how it was going and I said I think we need a lawyer.  Since she lived in Jefferson City, she said let me check into this.  Later that day, she called me with a name of an attorney, who by the way, just completed serving on PSC.  The next day, a meeting was scheduled with attorney.  We were just getting started.
Legislation was filed in next several weeks, and along with support of Block Grain Belt Express-Missouri, landowners were organized to make regular trips to the Capitol to promote the first House Bill which would not give the authority of eminent domain to a merchant transmission private, for-profit company.
 
Advice: Talk to your neighbors, relatives and friends.  Ask for help.  Organize an email list of contacts and follow-up with regular communication.  Work on leads.  People may know someone who will help, then accept any help they will give.  It’s a small world, someone always knows a person with background or expertise, and there are unknown connections you will find once you start reaching out.  As a point of contact, you can disseminate information to others.  Use social media.  
 
 
Become informed and connect with those who may have influence.  In our case, Missouri Farm Bureau, and other ag organizations:  Cattlemen’s, Corn Grower’s, Soybean Association, Pork and Sheep Producers.   Meet with legislators.  They may disagree with you, but keep them informed of your efforts.  
 
It doesn’t matter if you have never done anything like this before.  It’s your property, don’t let some company run over you. 
 
You don’t need a background in energy, find someone who does.  Be the communicator and stay in contact with those who want to help your cause.  You may be asked to be interviewed.  Step up.  If not you—who?   Reporters may edit your comments, but continue to speak out.
 
 
Focus on your constitutional rights!  
 
Be relentless, don’t give up.  It’s easy to find reasons to not get involved.  But for me, if I had to live with a project crossing my family, neighbors and friends’ farms, and chose to do nothing that was not an option.  
 
The base of my motivation has been my father saying, “work to do all you can, never give up until you know you have done everything possible.”  And, my close friend who said to me, “God does not call the equipped, He equips the called”
 
The journey may be long, like nearly 12 years and counting, but the connections with folks along the way, is a gift.  I still have a simple message from one I met early in 2014, “We will prevail!”
 
Find your motivation.  Are you like me?—I wondered for years how did something happen without my knowledge, then complained.   I would have never envisioned myself as an activist, but I could not stand by for this wrongdoing.  You can’t fight all the battles.  I’m passionate about my family, and want a world that is safe and secure for my grandchildren.  
 
My passion for property rights continues to grow, not waver.  At this point, it looks like we will never be done, but that only continues to motivate me.  I have been fortunate to work with some brilliant people, who I can call on for help.  Find your smart people, then do your work.  
 
These are some quotes that always lift my spirits:
 
“Never doubt that a small group of thoughtful, committed citizens can change the world indeed, it's the only thing that ever has.”  -- Margaret Mead
 
"Try your best, then you can let that thing go and try something else. Just be sure to finish what you start. See it all the way through, and don't give up so easily.” ― Queen Latifah

As Yogi Berra once said, “it’s like déjà vu all over again.”  Once again, a transmission developer asks the Commission to put already hard-pressed consumers on the hook for a laundry list of “incentives.”  And once again, the Commission approves almost all of the list.  As I have said repeatedly over the past four years, it is long past time for this Commission to do its job of protecting consumers by cutting back on its unfair practice of handing out “FERC candy” without any serious consideration of the impact on consumers already struggling to pay monthly power bills. The statute simply does not mandate such lavish generosity to developer interests at the expense of consumers.  As discussed in great detail below, this list of incentives is especially difficult to stomach for consumers in Virginia, Maryland, and West Virginia given the egregious history of the Potomac-Appalachian Transmission Highline (PATH) project, about which I have written many times.

The purpose of the Public Service Commission is to ensure fair and prompt regulation of public utilities; to provide for adequate, economical and reliable utility services throughout the state; and to appraise and balance the interests of current and future utility service customers with the general interest of the state's economy and the interests of the utilities.

Thank you for contacting the Public Service Commission of West Virginia regarding the transmission line project. We are aware of plans for the proposed transmission line, but have not yet received a filing in this matter. We expect the developer to apply to the PSC for a certificate of convenience and necessity (under code section 24-2-11a) before beginning any construction. Once the PSC receives the application, there will be a public notice (the law requires newspaper publication in counties where the line is proposed to be located) and an opportunity for the public to comment and to file protests and to ask for the PSC to hold a hearing. We encourage you to share your comments once a case has been opened and is available for public input.

​This section of state code that got amended back in 2010.  It is WV Code §24-2-11a(c) available at this link:  

https://code.wvlegislature.gov/24-2-11A/


It says:  At least thirty business days before the deadline set by the Public Service Commission to file a petition to intervene with regard to the application, the applicant shall serve notice by certified mail to all owners of surface real estate that lie within the preferred corridor of the proposed transmission line. Notice received by a named owner who is the recipient of record of the most recent tax bill that has been issued by the county sheriff's office for a parcel of land at the time of the filing of the application is sufficient notice regarding that parcel for purposes of this subsection.

I have the right to intervene as an impacted citizen. I also have a right to intervene and participate in the case, not just file a comment.

You do have a right, as any citizen does, to ask to intervene in any case before the Commission.
However, in this case, there is no case before the Commission, so therefore we cannot take or act upon your request.
Until the company files a petition seeking our approval of the line, there is no case. That has not been filed by the company.
If such a request is filed, we will be happy to notify you and then you can petition to intervene.
In the meantime, I may suggest you file your protest with the company.
I hope this helps. Please feel free to call me at any time if I can be of assistance.