Perhaps the most significant thing is the way Invenergy wormed its way into a crucial energy bill in Illinois. Illinois was facing the closure of numerous baseload nuclear generators that were no longer financially efficient to operate, but could cause reliability issues if closed. It's never just about the issue at hand when legislation is created to fix a particular problem, though. Instead, all the grifters showed up to cut themselves a huge piece of the energy $$$ pie, tagging their particular want onto a piece of legislation that was needed. Before you knew it, Illinois had created a monster energy bill, with plenty of money to be had for all the players who could afford entry to the party. And, of course, Invenergy used the legislation as a vehicle to favor Grain Belt Express in the state.
Remember all that blather about not changing the law to impede a project that was already under development? Well, apparently that does not apply if the changed law BENEFITS a project already under development. Missouri was prevented from changing its laws because Invenergy didn't like the change, but Illinois was encouraged to change its laws because Invenergy liked the change. What's the change Invenergy inserted into the Illinois energy bill? It granted Grain Belt Express eminent domain authority to take property in nine Illinois counties. Not only that, it also requires that the Illinois Commerce Commission make certain findings "if demonstrated in the application" and "without the taking of additional evidence." So, now the Illinois legislature is dictating the decisions a supposedly independent regulatory body will make? And it is removing due process for other parties who may participate in the regulatory process? Who knows if this is even legal... I'm sure it will end up in the courts at some point. Seems like a stretch to me.
So, GBE got what it wanted in Illinois. I'm sure it's busy scribbling its "demonstrated" application as I write this. Does anyone know where I can get a kangaroo to bring to the public hearings?
Meanwhile, GBE has been busy trying to be liked in Kansas and Missouri by sprinkling a little money around. I had a dream last night that sort of went something like this:
*Insert Wayne's World dream sequence music here*
*Diddly-doo, diddly-doo, diddly-doo*
Citified PR Person: These local yokels think it's fun to gather at the end of the growing season and throw big festivals that they call "fairs" to display the things they have wasted their time growing over the past year. They give out awards and everything! Here's where we come in: The locals auction their projects off for money at the end of the festival. It appears that purchasing one of these food things garners great respect for the purchaser. Our idea is to have GBE bid on these things!
Executive: Why would we have to compete to own one of these animals? Can't we simply take it from the local using eminent domain? Besides, what do we want with farm animals? I can't keep those kinds of animals at my home in Chicago.
Citified PR Person: Well, sir, it appears that the locals send these animals to the butcher and then feed off their flesh over the winter. Also, our eminent domain authority does not cover the taking of farm animals, however, if you want that changed I'm sure it can be done, but maybe not as cheaply as buying a cow.
Executive: *screams* That's barbaric! I demand allegiance from state legislatures everywhere! Besides, everyone knows that meat is manufactured at supermarkets, not created by killing things. And you must know that eating meat is causing climate change. Everyone must stop eating meat in order to save the planet!
Citified PR Person: I was prepared for that... so I also have another option. Sometimes they auction off vegetarian options, such as pies. But pies don't cost as much or earn as much respect for the purchaser.
Executive: I like pie! But you may also purchase animals for the express purpose of disposing of them in order to end their planet-warming flatulence. Here's $10,000. Now go forth and buy some goodwill.
GBE has also been busy making political contributions in Missouri. What's next? Special jackets for legislators with "Invenergy" embroidered on the lapel? Hey, maybe they can hold a legislative barbecue to dispose of all those unwanted farm animals they purchased at the fair! Whatever....
It's apparent that GBE still doesn't have enough customers to make its project economic, or it wouldn't be trying so hard.
What if Invenergy stopped throwing good money after bad and re-imagined its project into something everyone didn't hate? What if it could build a transmission line that didn't require eminent domain, and contentious siting battles? It could if it went back to the drawing board and routed its project underground on existing rights of way. Other developers have been smart from the start, and feel confident that the additional costs to bury will be offset by avoiding legal and regulatory battles caused by opposition, as well as avoiding costly project delays. That business plan is a win for everyone! Do you suppose Invenergy (and before them Clean Line) has already spent MORE trying to build above-ground transmission on new rights of way using eminent domain than it would have spent designing a better project in the first place? It's never too late to do the right thing.