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The People Have Had Enough

4/15/2014

1 Comment

 
Eminent domain.  Two ugly little words.

Here's two more:  Clean Line.

Mary Mauch of BlockRICL was on the radio this afternoon talking about Clean Line's proposals to take 3,000 miles of new transmission line right of way through eminent domain in numerous states across the Midwest.
Historically, we haven't spent too much time worrying about the right of public utilities to take private property using eminent domain.  It was a necessary evil to bringing electric service to every citizen in the last century.

But, let's take a look at where we are now in order to understand that transmission line eminent domain has reached the tipping point, where revolution is imminent.

It's no longer about bringing electricity to Mr. Smith's remote farmstead so he can read seed catalogs after the sun sets.  It's about trading electricity as a commodity, as new transmission lines get bigger and costlier.  It's no longer about providing a necessary service, it's about supporting markets and investor profits.

Transmission lines "ordered" by regional grid planners for reliability, economic or environmental reasons are bad enough, but one could argue that they are still ostensibly serving a "public" purpose by stabilizing the grid, the market, or saving the planet.  These projects are paid for by all users  of the electric grid, therefore there is some justification for the use of eminent domain in order to keep ratepayer cost in check.

And then we have the merchant transmission projects, like Clean Line.  This company is proposing transmission that has not been vetted or approved by regional grid planners.  They simply want to build a transmission line because it would be profitable.  Merchant projects are paid for entirely by their owners.  The merchant recovers its costs by selling capacity on the line to generators or load serving utilities (who then pass it on to the users of the project).  The merchant enterprise depends on the cost of building the line being less than the amount of profit to be derived from selling capacity.  If the cost of the line is greater than the profits, then it isn't an economic endeavor and it won't be built.

A merchant transmission developer has an interest in keeping its costs low to increase profit and make the project economic.  But a merchant transmission project isn't a public necessity.  It's a profit center, plain and simple.  That a successful merchant project would transmit electric power for purchase by utilities if the price is right does not a "public purpose" make. 

Clean Line proposes that state regulators anoint it with public utility status and its attendant power of eminent domain so that it may take whatever property it needs for its project at a low price.  This would keep the costs low for Clean Line, so that it could increase the amount of profit it may derive from operation of its line.

This is where the disconnect starts.  A merchant project that depends purely on economics for its purpose should be required to operate completely on an economic basis.  If Landowner A requires 150% market value for property, then that is the cost of the transmission line.  An economic project absolutely cannot rely on the power of the state to make itself profitable.

Landowners across Iowa, Illinois, Kansas, Missouri, Indiana, Oklahoma, Arkansas and Tennessee have taken a stand.  No eminent domain for privately financed economic projects.  The landowners are becoming highly educated about electric transmission, property rights and civic engagement.  And it's spreading like wildfire.

As a result, we are reaching the tipping point where absolutely NO transmission is going to be built, even that which may be needed.

The urban decision-makers with their quarter acre plots maintained by hired landscapers and gardeners simply cannot understand a farmer's or rancher's connection to his land.  Or why they are prepared to fight for their livelihood.
1 Comment

Push the PJM Money Button

4/11/2014

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A new round of press has developed about Powhatan Energy Fund's assertive and very public defense of an on-going FERC market manipulation investigation.  This one is particularly entertaining:
Two things that you can say about the Federal Energy Regulatory Commission, as a market regulator, are:

It produces the most incomprehensible prose of any market regulator, and

Its markets have an unusual tendency to be gamed in embarrassing ways.

I suspect these facts are related. I posit that almost nobody, including at the FERC or its various regional power markets, can actually figure out how those markets' rules work. So they work badly. And while you have to be very smart to figure them out -- say, at the level of Blythe Masters, or electrical engineering Ph.D. Alan Chen -- once you have figured them out, they become comically easy to game. FERC builds markets with so many bells and whistles and buttons and valves that some of the buttons end up having no function but to dispense money. If you can find those buttons, what you do is just keep pressing them until the FERC notices and gets mad at you and starts scolding you incomprehensibly.
My friend Scott in Mayberry refers to FERC's secret language as "FERCenese."  It's possible that a secret decoder ring can only be earned by selling your soul.  Or something.
0 Comments

FirstEnergy Takes Credit for Dominion Transmission Project

4/11/2014

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After two years of Dominion refusing to do any publicity on its Mt. Storm - Doubs transmission line rebuild, rival FirstEnergy has swooped in to take all the credit for the project.

Cue the irony.
While Dominion has been doing a great job with directly affected landowners, the company has completely failed to disseminate any information about its project to the greater community.  As if folks don't notice the access roads, the helicopters, the construction traffic, the road closures, the implosive splicing...  I've gotten mighty tired of having to reassure people that this is not the PATH project, that this is a permitted activity, and that the world is not exploding.  But I do it, not for Dominion, but for the people who are the victims of Dominion's "secret" rebuild project.

Mt. Storm - Doubs (MSD) is a smarter, better solution than building the PATH project ever was.  So, let's get 'er done, fellas,  so that I can stop having this distraction sitting on the edge of a rather full plate
.

The MSD transmission line begins in Mt. Storm, West Virginia
and ends at the Doubs substation in Frederick County, Maryland.  The 96 miles of the line located in West Virginia and Virginia are owned by Dominion.  The last 3 miles of the line in Maryland are owned by FirstEnergy.  Each company is responsible for permitting and constructing its own segment of this project.  Dominion has been working on its portion of the project for more than 4 years.  FirstEnergy only recently got off it's corporate ass to do its part on the last three miles.

Well, yay, FirstEnergy!  You da man!  Fourteen transmission towers and 3 miles of line? 
Awesome!  Put Toad Meyers in a hardhat and push the "on" button.  That should ameliorate your billing and meter reading fiasco, right?

Wrong.

Back in 2010, while the PATH was still madly attempting to get it's 300 mile, 765kV transmission line sited and permitted
on new right of way, Dominion dropped a bombshell on transmission planner PJM Interconnection.  Dominion proposed several alternatives to the PATH project (which was never actually "needed").  One of the alternatives involved rebuilding MSD because of deteriorating towers.  A rebuilt and modernized MSD would increase the thermal capacity of the existing line 66% and make the addition of PATH's capacity unnecessary.  Both PJM and PATH partners FirstEnergy and AEP tried to deny the proposal and insist that PATH was still necessary.   That was the beginning of the end for PATH.  The Virginia SCC got mighty suspicious and ordered PJM to re-run some data on the necessity for PATH if MSD was rebuilt.  Low and behold, the data showed that there really wasn't a need for PATH after all and PJM suspended (and later cancelled) the PATH project.  PATH withdrew all its project applications and went into hiding, after wasting a quarter billion dollars of consumer funding on the project.

Ahhh... good times!  :-)

Now FirstEnergy says "look at me!" and give me credit for modernizing the electric grid.

Kind of makes you wish that someone would drop a load of insulators on Toad's hard hat, doesn't it?


Oh, what would I do if I didn't have this little outlet...

0 Comments

FirstEnergy Fantasy

4/9/2014

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FirstEnergy's frequent financial fiascos aren't Tony's fault! 

Poor management pointed the finger at everyone else yesterday during some silly Chamber of Gladhanders event.

The quotes in the news article were bad enough, but check out the full text of the fairy tale here.

If Tony actually believes any of this stuff, he needs to exit stage left:

"All of us have been challenged by the economy over the last few years."

Well, except for you and your 1% pals, right?  After all, how much of a struggle is it to survive on $23M a year?  Almost as hard as it is to survive locked out of your job for months because your employer is a union buster, I'm sure.

"For example, in FirstEnergy’s six-state service area, our 2013 utility sales were below 2007 levels – and, during that period, wholesale energy prices dropped by more than 40 percent.  While this isn’t the first time we’ve faced tough economic conditions, this is the longest period of economic stagnation I’ve seen in my 40 years in the industry.  We will ultimately work through this… and as the economy grows, so will the use of electricity."

It's called energy efficiency, Tony.  It's permanent.

"But quite frankly, the challenges we now face from government interference in the electric business are far more intrusive and disruptive, and I believe far more significant to our industry’s future, and to your future.  That’s because whether it impacts our traditional regulated business or our competitive operations, government policy is now aimed at stifling the growth and use of electricity – and picking winners and losers in the competitive marketplace."

Oh, puh-leeze.  FirstEnergy was singing a different tune when the West Virginia government puppets at the PSC "interfered" in FirstEnergy's scheme to sell a dirty, old coal plant to itself and charge West Virginia ratepayers over a billion dollars for it.  Not only was having FirstEnergy's dirty trash dumped on ratepayers intrusive and disruptive to the amount we pay for electricity, it's effect is going to last well into the future.  The mistakes of FirstEnergy's competitive operations got dumped into its regulated business, and that stifles economic growth and use of electricity in West Virginia.  Worst of all, the PSC allowed FirstEnergy to pick winners and losers in the competitive marketplace.  Yeah.  FirstEnergy wins, we lose.

"Or, would you think it is fair to face competition from a supplier who can be indifferent to price… since all of its costs, including a return on investment, are guaranteed?"

What?  Every stinking penny of FirstEnergy's $121M dollar investment in its unneeded PATH project was earning a 14.3% return on investment, and recovery of its sunk costs are guaranteed in the event of abandonment.  FirstEnergy spent generously because it was indifferent to the ultimate quarter billion dollar abandoned price to ratepayers.

In addition, FirstEnergy is well on its way to plunking its "transmission spend" into a whole bunch of dubious projects, just to earn a big return on the investment.  That's not "fair."  Right.

"The industry has invested more than $840 billion… employs more than 500,000 workers… and pays billions of dollars in taxes."

But FirstEnergy earns a return on its investment, treats its workers like garbage, and doesn't pay any taxes!

"Thomas Sowell, a noted economist and commentator at Stanford, summarized a broader trend, now playing out in our nation’s energy policy, when he said, quote: “Much of the social history of the western world, over the past three decades, has been a history of replacing what worked with what sounded good.”

In the electric utility industry, energy efficiency, renewable power, distributed generation, micro grids, roof-top solar and demand reduction are examples of what “sounds good” – and while they may all play some role in meeting the energy needs of customers, they are not substitutes for what has worked to sustain a reliable, affordable and environmentally responsible electric system.  And, the mandates and subsidies needed to force their use have far-reaching consequences for our customers and our economy."


Energy efficiency, renewable power, distributed generation, micro grids, roof-top solar and demand reduction sounds like a workable, and inevitable, future to me.  Tony can either get in the backseat or get left behind.  His choice. 

Thomas Sowell quote?  Really?

 
"Consider the fact that you can no longer buy a 100-watt incandescent light bulb in the United States, but you can purchase a 500-horsepower vehicle."

Oh, the horrors!  Wanna bet that Tony is an incandescent bulb hoarder?  He probably sits in his underground bunker with huge stack of them, crying quietly.

"Or that electric customers are being forced to pay additional costs for subsidized, unneeded generation."

Is he talking about Harrison?

"Or that these policies and others – designed to achieve a social agenda that has little, if anything, to do with maintaining electric service – are shifting the fixed costs of the system to customers who can least afford it… and are undermining our nation’s competitive position."

"So why are we engaged in this effort to experiment with the electric system by taking away customer choice… increasing prices… and jeopardizing reliability?"

Why are you doing that to West Virginia, Tony, WHY?

"Quite frankly, I believe state and federal policymakers are manipulating the supply and demand, and distorting markets for electricity, to further advance the “war on coal.”

Well, quite frankly, I believe FirstEnergy is manipulating the supply and demand and distorting the markets for electricity, to further advance corporate profits.

"Some generating units were off-line as natural gas was used to meet higher priorities – and the entire market was affected by a substantial increase in the price of natural gas.  To put this price increase in perspective, it was the equivalent of paying about $85 per gallon of gasoline!"

And one of FirstEnergy's nuke plants was also off-line, right?  And then prices went up, and FirstEnergy charged more than 2 million customers a "polar vortex fee" that's now under investigation by more than one state regulatory commission.

"As President Ronald Reagan stated in a letter to Congress on July 17, 1981, “Our national energy plan should not be a rigid set of production and conservation goals dictated by government… When the free market is permitted to work the way it should, millions of individual choices and judgments will produce the proper balance of supply and demand our economy needs."

Because the only thing more trite than a Ronald Reagan quote is comparing your issue to the Holocaust, right?
0 Comments

New England's Transmission Feeding Frenzy

4/8/2014

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Remember that ambiguous "energy agreement" that New England states signed back in December?  Its meaning is now beginning to take shape, not as a true energy plan, but as a ratepayer-funded transmission developer feeding frenzy.

Instead of "making investments in local renewable generation, combined heat and power, and renewable and competitively-priced heating for buildings that will support local markets and result in additional cost savings, new jobs and economic opportunities, and
environmental gains,"
it looks like some of the states are depending on this "agreement" to satisfy their energy appetites at the expense of the other states.

Here's how the states plan to implement their agreement:
In the next few months, the governors are expected to issue requests for proposals for 1,200 to 3,600 megawatts of transmission capacity that could carry wind and  hydroelectric power from the northern reaches and Canada.
Massachusetts is plowing ahead with legislation ordering utilities to solicit bids for up to 2400 MW of "clean" energy.

Instead of fostering the development of renewable energy within their own borders, or tapping the incredible resource right off their own shores, the energy hog southern New England states plan to import renewables from another country and run transmission lines through the northern New England states to deliver it.

What's in it for the northern states?  Part of the bill!
Massachusetts and Connecticut are driving the push to bring clean hydropower from Canada to help the states meet their clean-energy goals. But the other four states — Vermont, New Hampshire, Rhode Island and Maine — agreed through the New England States Committee on Electricity, made up of state utility officials from the six states. They have agreed to share the costs because they would benefit from the overall reduction in energy costs, although the details of how that would be done remain to be worked out.
Northern state landowners will also be required to sacrifice privately owned land or be subject to eminent domain condemnation and takings.  They will also have to live with these 200-foot tall extension cords zig-zagging through their communities and unspoiled vistas.

Because Massachusetts and Connecticut don't want any of that nastiness mucking up their views.


This "agreement" was never about true diversification of generation.  It's about increasing centralized generation and reliance on imported energy.  And it's about corporate schemes to make money by smoothing the way to build more long distance transmission. 

"Many of the proposals have been talked about in utility circles for some time..."

Of course they have, but the transmission developers needed cover to spring their plans on a wary public, and a way to broadly socialize the costs so that the burden on any one customer would be overlooked as minor.

The transmission developers and their pet Governors are even rewriting history, putting the egg before the chicken by pretending that the past winter's delivery issues were the impetus for the "agreement" that was signed before the problems occurred.
Adding to the charlie foxtrot are Big Green, who sanctimoniously oppose this new transmission plan, worrying that it "could crash the regional power market and kill off other needed energy-generating resources."  Funny... these are the same green hypocrites who are cheering Clean Line Energy's plan to cover the Midwest with wind turbines and HVDC transmission lines.  No worries about that crashing the regional power market and killing off other needed energy-generating resources.  Right.

So, a whole stable of eager transmission developers are chomping at the bit to have their project selected as the winner of the ratepayer-guaranteed profits.  Several proposals have been made.  In addition to stupid overhead projects like the parasitic Northern Pass, Anbaric has proposed a project that it says will be buried, both on land and offshore.
A 300-mile power cable would be buried on land in Maine and then run across the Atlantic Ocean floor to greater Boston under a proposal to tap Canada’s plentiful hydropower to meet the needs of power-hungry southern New England.
Maybe Anbaric thinks that battling the opposition that is sure to develop against an overhead project isn't worth the time, money and headaches, preferring to spend a little more to bury its project for fast approval, while the competition languishes for years on the regulatory battlefield.  Anbaric could teach some other "clean" energy developers a lesson.  But then again, Anbaric is counting on ratepayers to finance its project, including the extra cost to bury the cable. 

Other "clean" energy companies operating under a merchant model are caught in a desperate cost control game in order to keep their projects cost competitive.  Merchant transmission projects depend on energy markets for their existence.  If a merchant transmission owner can cover its own expenses to ship energy long distance and make a profit, then it is economic to build.  However, if a merchant transmission company's cost of service increases because it has to spend more to bury cable to make landowners happy, then it is no longer economic and will not be built.  Sounds fair, right?  But, what if the merchant developer wanted the power of eminent domain to take land cheaply for an overhead route, instead of having to please landowners during a fair, open market right of way negotiation process that could include the requirement to spend more money burying the line?  That would be the best of both worlds for the transmission developer -- depending on the artificial influence of eminent domain to keep its project costs in check to ensure market competitiveness.  This is perhaps the single biggest flaw in Clean Line Energy's plan.  Merchant projects should NEVER be granted a utility's eminent domain authority because they are not needed for reliability or economic purposes and depend completely on the economics of the market for existence, therefore they should also be forced to compete in unfettered real estate markets to bring their projects to reality.  If it costs too much to obtain right of way in a free market, then the project is not economic.

But, I digress.

New England has a lot of work to do to craft a real, sustainable energy plan that does not depend on inflicting social and environmental injustice on people in other states or other countries.

the states will hold public meetings to present the region's plan in preparation for bidding process. The meetings will include stakeholders, including environmental groups and developers.
It is unclear whether these "meetings" will include citizens, landowners and ratepayers, the most important "stakeholders" of all.
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The Stench of FirstEnergy's Greed

4/4/2014

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Now you've gone and done it, FirstEnergy!  One of those customers on your polar vortex hit list is the Chairman of the Pennsylvania PUC!  Ooopsie!

Chairman Powelson had this to say about FirstEnergy and its polar vortex fee:
"I think there's a stench associated with the request put forward by this company to recover these costs," Powelson told a hearing Tuesday of the Pennsylvania Senate Consumer Protection and Professional Licensure Committee.
Yes, it's the stench of money!  Lots of it!

Do you smell what FirstEnergy's cookin'?
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Landowner Accuses Grain Belt Express Clean Line Land Agents of Violating Code of Conduct

4/3/2014

1 Comment

 
Just saw the following message on facebook with the request to share it.  So, I shall:
URGENT!!!!!!!!
We have just been told by an elderly landowner that they had been contacted by Clean Line and were told that the project was a done deal and that he has to come in and sign an easement. This could not be farther from the TRUTH!!!! If they ever get Public Utility Status, and they are a LONG way from getting that, then it would be crucial to consult with an attorney! PLEASE, PLEASE, PLEASE share this with elderly landowners especially those in nursing homes. Please share, if we had not talked with this landowner, he would have signed with Clean Line!!!!!
Remember Grain Belt Express Clean Line's "Code of Conduct?"  We were discussing it just the other day.  Serendipity!

The "Code of Conduct" was plagiarized from the former Allegheny Energy (now multi-state energy holding company FirstEnergy), who used it for their TrAIL and PATH projects as a placebo to deny responsibility for shady land agent conduct.

The company hides behind its "Code," pretending that its contract land agents are supposed to follow it.  When a land agent is caught in a violation, the company acts all shocked and "fires" the land agent.  Responsibility for the violation is pinned on the land agent, not the company.  Therefore, the company is free to continue to violate its own "Code" as many times as necessary.

Land Agents are trained in psy ops.  Landowners usually resist utility overtures to purchase land or right of way.  It's all a psychological game by the land agent to trick the unwilling or unwitting into signing on the dotted line.  Land Agents attend continuing education sessions where they learn:
Understanding Behavioral and Personality Styles for Negotiation Success

Using practical and personal exercises, this session will provide attendees with a framework for understanding the behavioral and personality styles used for negotiation. Attendees will develop a better understanding of behavioral styles and how they can recognize and relate to the diverse styles of people they deal with.
The conference sessions have instructors like Dr. Mazie Leftwich, Psy.D.
With 20 years of experience in the right of way and land management consulting business, Dr. Mazie Leftwich is a nationally known presenter and corporate trainer in the energy industry. Dr. Leftwich serves as Director of the CLS Professional Development Institute and has been the catalyst behind CLS's extensive employee training, project training, and team-excellence programs for supervisors and managers. In addition to her work at CLS, Mazie maintained a limited private counseling practice for over 30 years, specializing in organizational and personal relationships and executive coaching. Her education includes a Bachelor in Psychology, a Master's in Administrative and Clinical Social Work and a Doctorate in Applied Psychology.
Dr. Mazie works for Contract Land Staff, the company Clean Line has been using for right of way acquisition.

Land agents will say or do anything necessary to get their job done.  The story from Missouri tells us that perhaps they will even lie and violate the "Code" of the company that contracts them.  Perhaps the land agents even troll nursing homes, preying on the elderly.  Nothing more despicable than that.

Remember, the "Code" was developed as part of a legal settlement between Allegheny Energy's TrAIL transmission company and the Pennsylvania Office of Consumer Advocate.  The settlement was the end result of a vicious court battle over the reprehensible way landowners in Pennsylvania were lied to and manipulated by land agents.

The "Code" is not enforceable by any authority.  It's a worthless piece of paper designed to give a false sense of security to landowners and regulators.  However, please do document and report any violations to your state consumer protection authorities, such as your Attorney General, because any despicable tactics perpetrated will most likely be a violation of your state's consumer protection laws.


Just don't talk to land agents.  There's no rush to enter agreements before a project has all its permits.  If you sign early, the company will still have a right to your property, even if the transmission line is never approved or built.  Do you really want that encumbering your property forever and making future sales or use difficult for you and your heirs?

There's plenty of time to negotiate a deal, with the recommended help of your own attorney, AFTER a project has all permits to begin construction.  In fact, if you wait to negotiate, chances are that the price you will receive may be greater than folding early in the process.  The longer you hold out, the more powerful your bargaining position becomes.

Don't be victimized by any possible Clean Line Grain Belt Express strong arm tactics that may be used.  Get educated, and more importantly, educate your friends and neighbors!
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    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
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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