I can't comment here, but the rest of you... feel free to knock yourself out in the comments section...
For reference, here's the Challenge.
StopPATH WV |
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Here it is, fresh from Pillsbury Winthrop Shaw Pittman LLP, one of PATH's DC law firms.
I can't comment here, but the rest of you... feel free to knock yourself out in the comments section... For reference, here's the Challenge.
7 Comments
A good PR company is always looking out for their client's best interests. This would necessarily include notifying their client of anything discovered that may run counter to their client's interests, right? Charles Ryan Assoc. bills themselves to PATH as a bunch of geniuses, and PATH eats it up, spending millions of dollars to have CRA representatives present at all public events to "observe" the public. But what happens when CRA discovers something that makes them look foolish and also runs counter to PATH's PR business model? They keep it to themselves, of course! They never want to give PATH bad news or admit that they made a grave mistake. Just like a cat who falls off a piece of furniture, CRA keeps a straight face and says, "I meant to do that."
In order to keep this fun for the hundreds of people waiting to find out Charles Ryan's secret, we'll turn this into a cyber treasure hunt. Here's your first clue. If you figure out CRA's secret, post it in the comments. If you knew their secret all along, don't spoil it for everyone else! Congratulations to hafabee and ? who caught on with only one clue and helped direct the power companies in their cyber treasure hunt for the secret Charles Ryan Associates was trying to keep from them. Mission accomplished! Here's their "secret" -- and how they ever thought they'd get away with it is beyond me! Charles Ryan Associates designs and maintains PATH's many claimed and unclaimed (front group) websites as part of their "self-anointed genius" PR services. The geniuses at CRA have been hosting a dead link on PATH's main website, which at one time connected with one of their long-since abandoned front groups, the "Coalition for Reliable Power". This has been going on since PATH allowed their ownership of the domain to expire on August 30, 2010, nearly six months ago. A "dead link" is a link on a website that connects to a non-existent website. Extremely unprofessional! Once a domain registration is allowed to expire, ownership is terminated and that domain is made available for purchase by anyone. This is why hosting dead links is a bad idea. Anyone could buy up an available domain name and construct their own website. That's exactly what happened with the Coalition for Reliable Power. PATH's website has recently been hosting a live link to a grassroots Coalition whose mission is, "dedicated to increasing the reliability of the West Virginia and U.S. electrical systems through sensible improvements to our electric generation, distribution and transmission systems. In our mission to create a vital public conversation about reliable electrical power and real alternatives to our dangerously centralized electrical grid. Our current goal is to press for the rebuilding of the Pruntytown to Mt. Storm 500 kV transmission line in West Virginia which will make the proposed PATH line completely unnecessary." Meanwhile, CRA had begun a new internet advertising campaign intending to drive traffic to a page of PATH's website with the dead link on it and were inadvertently also driving traffic to the Coalition's website. On Monday, CRA happened to click on the dead link and arrived at the Coalition's site. Did they tell PATH what they had found? No, they thought they could keep their incompetence a secret. So, they removed the dead link from PATH's website and didn't say a word. Lack of integrity seems to be a character trait that's shared all around by those behind this project. Maybe now they know how we feel when we're intentionally lied to again and again... We've had a very entertaining day today in Charleston! From delegates, to senators, to governor, there isn't much we haven't done.
Party in room 705 -- plenty of Raging Bitch Ale and Il Bastardo wine for all... It looks like Charles Ryan isn't going to confess their secret, so tune in tomorrow to find out what they've done... Update: The "secret" is revealed here
Charles Ryan Associates, LLC has a secret that they're keeping from their bosses at PATH! When PATH finds out CRA's secret, they might question CRA's ability to provide competent public relations services for their floundering transmission line project. Some of you blog readers already know CRA's secret -- shhh! don't give it away! Over 30 years of experience raising children, I've found that it's best to make the naughty child 'fess up on their own when they have done something wrong. It builds character and integrity to admit one's mistakes and accept responsibility for them. Something happened yesterday afternoon at 1:26 p.m., didn't it? All three of us wish we could have been there to see your face, but that's okay, we all have very creative imaginations, as I'm sure you've noticed. C'mon, you can tell those nice fellas at PATH how the opposition outsmarted you once again, can't you? After all, they don't seem to mind at all that competent web design & maintenance is WAY ABOVE your current skillset. They seem to love you anyway, as evidenced by the millions of dollars of ratepayer money they showered upon you last year, and the year before, and the year before that. Please be responsible and tell them what you did, how long you did it, and what you found yesterday that was caused by your own lack of proper maintenance, a duty they are paying you lavishly to perform. Don't make me tell them for you. And when you're done with that, you'd better start searching for your other HUGE mistake. That one is probably going to be considered even worse when it's discovered. Happy hunting! And for you regular blog readers who are now incredibly curious... check back on this post at a later date. Once CRA confesses to PATH, I'll let you all know what their secret was... We all know that PATH has as many different stories as Sybil had personalities. Depending on the audience, PATH is "needed" to keep the lights on and avoid rolling blackouts; increase the "reliability" of the grid; save Maryland ratepayers money; or, during parent company earnings calls, to make a boatload of money for the company. But, what would happen if someone doctored PATH's Pink Elephant cocktail with a little scopolamine and they were forced to tell the truth?
That's what happens in Allegheny Energy's Securities and Exchange Commission Form 10-K for 2009. In this filing, they must reveal any risk factors to their investors. Here are some quotes: "The TrAIL Project and the PATH Project are subject to permitting and state regulatory approvals, and the failure to obtain any of these permits or approvals could have an adverse effect on Allegheny’s business. The construction of both the TrAIL Project and the PATH Project are subject to the prior approval of various regulatory bodies. TrAIL Company has obtained the state siting approvals (subject to a pending appeal in Pennsylvania) necessary to construct TrAIL and is continuing to pursue necessary permits. Allegheny met with substantial political opposition, as well as opposition from environmental, community and other groups, in obtaining siting approval for TrAIL and is likely to encounter similar opposition with regard to the PATH Project. There can be no assurance that Allegheny will be able to obtain the regulatory approvals required in connection with these projects, particularly the siting approvals required to construct PATH, on a timely basis or at all. The inability to obtain any required state approval or other regulatory approval as a result of such opposition or otherwise, may have an adverse effect on Allegheny’s business, results of operations, cash flows and financial condition." Remember that story about how PATH is "needed" due to increased demand? Here's Allegheny's revelation on Risks Relating to Allegheny's Operations: "Decreasing demand for electric power, as well as for certain commodities underlying the production of electric power and the related decline in market prices for power are adversely affecting Allegheny’s business. During 2009, customer demand for electric power in Allegheny’s region fell significantly as a result of the ongoing economic recession and mild summer weather, among other factors. Overall demand for some of the commodities that underlie the production of electricity, and as a result the prevailing prices for those commodities, have also declined. Although power prices may be influenced by many factors, weakening demand for electricity, together with significantly lower commodity prices, have contributed to sharp declines in market prices for power over the past 12 to 15 months. Partly as a consequence of these declines, AE Supply generated significantly less power in 2009 than in 2008. Allegheny can make no assurances regarding the impact of any economic recovery on demand and market prices for power. Improvements in demand and market prices for power, if any, may lag any future improvements in overall economic conditions, and it is also possible that the current economic climate could result in long-term reduction of demand for power in our region, particularly among large industrial consumers. It is also possible that changes in customer behavior, as a result of conservation programs such as EmPOWER Maryland and Pennsylvania’s Act 129 or otherwise, could result in long-term reductions in demand for power." The paradox of this next revealed risk just gives me the giggles. Remember, laughter is good for your health! "Changes in weather patterns as a result of global warming could have an adverse effect on Allegheny’s business. Allegheny also could be impacted to the extent that global warming trends affect established weather patterns or exacerbate extreme weather or weather fluctuations. Although Allegheny’s physical assets are located in a region in which they are unlikely to experience detrimental physical damage from the rising sea levels that have been modeled in various analyses that attempt to predict the effects of global warming, other weather-related effects that could be associated with global warming, such as an increase in the frequency and/or severity of storms or other significant climate changes within or outside of Allegheny’s service territory, may have an adverse impact on Allegheny’s business, results of operations, cash flow and financial condition." The PATH companies continue to taint their parent companies' reputations with increasingly unsavory business practices intended to win approvals for their project by any means, fair or foul. No matter how much lipstick they put on this pig, it's still a pig, and therefore: "Energy companies are subject to adverse publicity, which may make Allegheny vulnerable to negative regulatory and litigation outcomes. The energy sector has been the subject of negative publicity, most recently in the context of the dialogue regarding climate change. Allegheny has come under some scrutiny in this regard, and also has faced public opposition in connection with its transmission expansion initiatives, as well as certain of its demand-side conservation efforts and ordinary utility rate increases. Negative publicity of this nature may make legislators, regulators and courts less likely to take a favorable view of energy companies in general and/or Allegheny, specifically, which could cause them to make decisions or take actions that are adverse to Allegheny." Not so sure of themselves, are they? Fight on, people! Once again the citizens take the lead in protecting the interests of landowners targeted by PATH's greedy scheme. The conscientious landowner who shouldered the burden of taking the first step to protect thousands of affected landowners received this letter last week. It is because of this landowner's efforts that it is now made easier for the rest of you. If you received one of Ardent360's letters, or talked with them either over the phone or in person, please contact the Attorney General's office toll free at 1-800-368-8808 and let them know about your experience with this "company".
We know Ardent360 is not licensed to do business in at least two of the states that it is operating in and from information received by landowners it appears that they are scammers. It is up to you to send a clear message to these guys and any others who think taking advantage of WV landowners affected by PATH is going to be their financial windfall. It will only take a few minutes, and you can feel good about yourself that you have done a good thing. I spoke with a couple of landowners regarding their concerns about Ardent360 at Dominion's Open House last week. They tell me that Ardent360 is no longer answering their phone or returning calls to landowners. Ut-oh, Bob & Rob! I really hope PATH was telling the truth about not being involved in this scam, although I hear that when a landowner contacted them about it, they were less than helpful. Thanks, PATH, you're a real pal. We all owe a real debt of gratitude to the landowner who stepped forward and took swift action. We dropped in on the Dominion Power Mt. Storm - Doubs Open House event on Thursday night before heading over to the public hearing in Purcellville.
What a difference a little honesty makes! Instead of one of PATH's Charlie Foxtrot Open Houses, this one was pleasant and low-key: I didn't hear one person raise their voice; there was no "security" needed; and no pictures were required! What I did see/hear was landowners getting their questions answered, the media being invited to talk with citizens by Dominion personnel, StopPATH WV being permitted to hand out their own information; and the promise to treat landowners fairly and with respect during the rebuild project. There was also a bit of laughter, but it just wouldn't be nice to point out the person who was the butt of the joke now, would it? He knows who he is ;-) Dominion needs to realize that StopPATH WV takes a promise seriously though, and the clock starts now. One of the main purposes of our organization is social justice, which includes ensuring that landowners and citizens are treated fairly during this project. If you feel that Dominion isn't treating you fairly, we want to know about it. This would also include Dominion removing their old foundations to at least a 4-foot depth on farmland so that they won't interfere with tilling, right fellas? Doing this extra bit of work doesn't cost Dominion anything since the cost of this project is being socialized among PJM's 51-million ratepayers and isn't costing them a dime. And it's only fair to the farmers not to leave landmines behind that are going to damage very expensive farming equipment. The Mt. Storm - Doubs rebuild is a good start on Dominion's Alternative One to the PATH project, but it is only a start. Rebuilding and modernizing of aging transmission infrastructure will vastly improve the reliability and capacity of the grid without requiring additional sacrifices from landowners, environmental destruction, and the waste of billions of dollars building new transmission projects. The first step has now been taken, so let's get on with a solution that is win-win for everyone involved and makes perfect sense. Afterall, you wouldn't go buy a brand new car when your current vehicle needs an oil change, would you? Why would you build a new transmission line when repair of an existing one is much cheaper and satisfies the need? Here's an article about the Open House that was published in today's Journal. We attended a couple of the Virginia SCC hearings in Winchester and Purcellville on Wednesday and Thursday. Although there didn't seem to be as many people testifying as last time, the quality of the comments was outstanding! Virginia went from somewhere around 20 intervenors (respondents) in the last case to well over 100 this time, so I'm sure that had a lot to do with numbers as well. Intervenors are prohibited from speaking in their home state, however there is no restriction on intervenors from other states speaking.
The longer this case drags on, the larger and more knowledgeable the opposition becomes. I was very impressed with all the testimony (not including PATH shills, since what they offered could hardly be classified as "public" testimony) at the two sessions I attended. A couple of themes definitely emerged: 1. 14.3% Greed, not need! 2. Dominion's Alternative One as a sensible, economical alternative to PATH that obviates any supposed "need" to acquire new rights-of-way and spend billions of dollars on a PATH to nowhere. 3. PATH has no endpoint. Frederick County, Maryland, has denied siting of the substation. 4. PATH has been smokin' something wacky! Funny phrase and even funnier that I've heard it quite a few times in the past couple of days. Puts a whole new spin on the PATH Pink Elephant cocktail (5 parts pure grain alcohol and one part Pepto Bismol) recently concocted by one of our regular readers. 5. The citizens of all three states have formed a cohesive, active, regional opposition group that continues to rack up victory after victory. All three states were represented through testimony at the Virginia hearings. 6. PATH can't resist deploying shills to speak in favor of their project. They still can't manage to make them appear knowledgeable or believable, however. Will PATH ever learn that slimy, unethical PR programs are only causing them even more resistance and public disfavor? Here are two copies of testimony submitted about PATH's lack of ethics: Winchester Purcellville And here are links to a couple of newspaper articles that support the Purcellville comments. Winchester Star Leesburg Today Be sure to read Bill Howley's correction of the garbage Ron Poff was spouting in the Winchester Star and Leesburg Today articles here. Aw shucks, Poff's good ol' boy farmer act is wearing thin already.... We all get it, but PATH continues to pee on the public's leg and tell them it's raining... Maryland PATH case intervenors John & Terri Armand have outsmarted PATH by using Allegheny's arguments in a previous PSC case against them. And the AEP public relations strategy powerpoint also makes another appearance. Gosh, it's been quite handy for making so many cases lately, thanks AEP, for letting your egos bragging about your past "accomplishments" get the best of you!
The Armands filed this motion Tuesday. In the motion, they state that the applicants assert, "that the Commission has the authority to site the substation along with the transmission lines". However, in "PSC Case No. 9018, In the Matter of the Application of the Potomac Edison Company d/b/a Allegheny Power for a Certificate of Public Convenience and Necessity to Construct an Overhead 230kV Transmission Line in Frederick County, Maryland ... Allegheny Power argued repeatedly that the Commission had no authority or jurisdiction over substation siting and that the Commission could not order Frederick County to grant Allegheny a site in the County for a new transmission substation." So, which is it, Allegheny? Does the county or does the county NOT have jurisdiction to site the substation? It seems to depend on what falls in line with Allegheny's current plan. There's no consistency, rhyme or reason. The Armands ask that the Maryland PSC: Therefore, we respectfully request that the Maryland Public Service Commission: 1. Separate the substation from the transmission line construction in the above-referenced proceedings 2. Deny Commission authority and jurisdiction over the substation in the above-reference proceeding 3. Acknowledge that authority and jurisdiction of the substation in the above-referenced site belongs with Frederick County. Don't you just love it when common sense cannot be denied? The Armands also filed a letter supporting the submission to the PSC entitled “CAKES OPPOSITION TO POTOMAC EDISON’S REQUEST TO DELAY; AND MOTION TO DISMISS AND DENY POTOMAC EDISON’S INCOMPLETE APPLICATION”. You have to read this! "As proof of this deliberate strategy, we refer to a presentation made in 2009 by Lisa Barton, a Vice President for American Electric Power (one of PATH's parent companies). With regard to AEP's Jackson's Ferry 765kV project, Ms. Barton stated that it took, “16+ years to permit” and gloats that in “1999 Public opposition [was] at 33 percent, [but by] 2004 public opposition was 11 percent." Appallingly, she goes on to ask, in part, “How do we keep the 300 pound elephant –who pays for this – from derailing…development?"⁽¹⁾ Clearly, Potomac Edison/Allegheny Power/PATH is counting on the fact that the taxpayers (“the 300 pound elephants”) will eventually be financially and mentally exhausted by a potentially multi-decade battle and eventually public opposition will die a slow, yet inevitable death, clearing the path for PATH (pun intended)." All you elephants will love it! Bravo, John & Terri, well done!! NIETCs have been vacated by order of the 9th Circuit Federal Court of Appeals today. Bill has the details on The Power Line.
Well, there goes PATH's "backstop" authority they have been waving at the individual states' commissions. PATH's gun is full of blanks afterall. Buh-bye, PATH. Isn't it time to take your ball and go home now? |
About the Author Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history. About
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