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Managing Missouri Merchants

1/28/2022

2 Comments

 
The people of Missouri are still trying to set practical and reasonable boundaries for the use of eminent domain by merchant electric transmission companies.

A hearing was held on Rep. Haffner's HB 1876 on Wednesday.  Affected landowners once again showed up to protect their interests.  It takes a lot for busy farmers to take an entire day out of their work to travel to the state capitol.  It's not like they're paid lobbyists, company employees, or clueless environmental advocates spewing nonsense (more on that later!) that someone is paying to show up and make impossible claims about constitutionality, or benefits, or savings, or maybe that Grain Belt Express invented farming.  I dunno.  Landowners come because they are being affected by a private, for-profit company's eminent domain suits that seek to conscript their land for corporate profit.

Invenergy's corporate talking point for all the Grain Belt supporters seemed to be that the legislation is unconstitutional.  The same nonsense they spewed last year.  Did you know that the only body with jurisdiction to determine constitutionality is a court?  Legislators don't have to be judges.  They don't even have to be lawyers.  Legislators make the laws supported and needed by the people who elect them.  Legislators are there to carry water for out-of-state corporate interests with lots of money to throw around.  Those corporations don't vote in Missouri, and campaign donations don't necessarily buy votes.  Once legislatures make laws, courts may use their expertise to judge their constitutionality, if challenged.  Only a judge can make that determination!  Corporate lawyers, lobbyists, and know-nothing advocates are not in a position to judge the constitutionality of proposed legislation.  Their opinion on the constitutionality of legislation that their employer doesn't like doesn't mean a thing.  You might as well quiz a kindergartner about rocket science.  GBE's claims of unconstitutionality are overblown and worthless.

But what about Invenergy's Illinois legislation?  Was that constitutional?  Does the Illinois legislature have the authority to grant eminent domain to a particular merchant transmission project?  Does it have the authority to tell the Illinois Commerce Commission what evidence it shall take?  Does it have the authority to tell the ICC what it shall find in any case before the application is even filed?  The ICC is supposed to be an independent body.  Once Commissioners are appointed, they are supposed to have the liberty to make decisions unhinged from politics and corporate influence.  I don't think the legislature can tell the ICC what they must find, and how they may take evidence to satisfy other statutory criteria.  This legislation is the epitome of unconstitutional and most likely will be challenged in court.  Only a judge could decide whether or not it is.

But here's the thing... Invenergy lobbied FOR this legislation (which only benefits Invenergy) even though it is likely unconstitutional.  Invenergy didn't have any concerns about constitutionality when the unconstitutionality benefited its bottom line.  Therefore, Invenergy's bluster about the constitutionality of proposed legislation in Missouri should be completely ignored.  Invenergy doesn't care about the Constitution.  It cares about its own profits.  That was made clear as a bell in Illinois last year.

GBE attorney Peggy Whipple also had a choice insult for Missourians to go along with her opening statement about constitutionality.  She called landowners "recalcitrant."
recalcitrant |rəˈkalsətrənt|
adjective
having an obstinately uncooperative attitude toward authority or discipline: a class of recalcitrant fifteen-year-olds.
noun
a person with an obstinately uncooperative attitude.
She thinks Invenergy is some "authority" that Missouri landowners have to obey?  Why, that's just the problem that HB 1876 proposes to solve!  Peggy should have squeezed the Charmin instead of Missouri landowners.

HB 1876 is about reasonable bounds for merchant transmission eminent domain authority.  It has nothing to do with "clean energy."  Merchant transmission is an entirely different animal than transmission built by regulated public utilities and states must end treating it the same when it comes to eminent domain.

See more about the difference between merchant and publicly needed transmission, and why states need to make new eminent domain laws to reflect the difference between these two distinctly different types of electric transmission in order to protect the citizens.

That's a lot more relevant education on this topic than any that Invenergy's paid sycophants dramatized at Wednesday's public hearing.

One last thought on the hearing... some news coverage was wildly inaccurate.  A group of radio stations misattributed a comment made by one of the "environmental" guys to Caldwell County Commissioner Jonathan Abbott.  Commissioner Abbott did not say the legislation was unconstitutional, nor that it would stop progress.  He actually brought out the deceit of Invenergy, said it was unlawful, and quoted Statute 570.410.  Some of the radio stations that played this misattributed clip have corrected it, and some, as the link shows, have not.

We'll all be watching this legislation as it works its way through this year.  Your support is crucial!
2 Comments

Out-of-Control Barriers Unite!

1/27/2022

1 Comment

 
They're talking about you again.

Barriers to transmission development.

Things outside the developer's (and government's) control.

Of course they mean landowners and community opposition to unneeded new transmission corridors.  They don't even think of you as people.

DOE wants to let transmission developers have free reign to take whatever privately owned land they want to install new transmission.

DOE also wants these transmission developers to build a whole bunch of new transmission roads to nowhere.  I'm talking about merchant transmission, where developers put up their own capital to build projects based on market need.  The "market" would be voluntary customers who think the project is so useful that they are willing to pay for it.  There is no "market" without voluntary customers, that's where the risk to merchants comes in.  If they spend a bunch of money developing a project that does not attract customers, then the project is never built because there's no need for it.  The merchant loses his investment (just like Clean Line Energy Partners, who blew $200M on a suite of projects that never attracted customers).  But wait... DOE is going to use YOUR tax money to sign up as a customer on all these projects that have attracted no customers.  DOE isn't actually going to use the transmission, it's not going to take any electricity from the project.  It's just going to sign up as a customer and then try to unload the capacity on real customers at some point in the future.  But what if no customers show up... ever?  You'd think if there was an actual market need, the real customers would have shown a prior interest in the project and DOE would never have to step in.  What makes DOE think that these uninterested customers are going to develop a sudden need for this transmission once it's propped up with your tax dollars?  Common sense says this isn't going to happen.  In that instance, the transmission project will never be used.  What does the developer care?  He's only in it for the money and DOE is paying handsomely.  And the transmission line will become a literal road to nowhere.  Just an eyesore that nobody ever uses.

Are we actually trying to build used and useful transmission here?  Or are we trying to build transmission for transmission's sake alone?  Is transmission going to become the next boondoggle profit center for investors who want to take over the world?

Sure appears that way.  Market-based transmission without a market.  Roads to nowhere.  Billions of your tax dollars simply wasted.

I think these people are quite insane.
Round and round they go, never once acknowledging the biggest threat to their crazy plan to take over the world; the people and property they plan to conscript.  Oh, sure, they know we're here, and they're totally terrified.  I guess they think if they don't actually mention us or look us directly in the eye they can engage in the fantasy that there will be no opposition to their plans.  They talk in hushed tones about "barriers" and "things they can't control," but never about the actual people.

Sorry, it's not going to be that easy.  Your plan is going to fail... because of us.
1 Comment

Two Words That Should Never Appear In The Same Sentence

1/27/2022

1 Comment

 
Ruthless.
Bureaucratic.
ruthless |ˈro͞oTHləs|
adjective
having or showing no pity or compassion for others: a ruthless manipulator.

bureaucratic |ˌbyo͝orəˈkradik|
adjective
relating to the business of running an organization, or government: well-established bureaucratic procedures.
• overly concerned with procedure at the expense of efficiency or common sense: the plan is overly bureaucratic and complex.
Bureaucrats should never be ruthless.  They serve to work for us, not against us.

Why does Niskanen Center think ruthless bureaucrats are a good thing?
How a little ruthlessness in the bureaucratic interest could advance electric corridors in the national interest....
Just a little out-of-control ideological posturing funded by ruthless corporations and investors.

Niskanen Center is ruthless.  Also probably a lot of other words that end in "less."

Niskenen continues to pretend it is representing the interests of landowners burdened by eminent domain for new electric transmission corridors.  Nothing could be further from the truth!  Go away, Niskanen.  Your contentions and fake concern for landowners is revolting.  Niskanen has not consulted even one landowner transmission opposition group before coming up with its own ideas to ruthlessly run over landowners in the interest of "clean energy."  None.  Zip.  Zero.  Niskanen has NO IDEA what landowners want.  Shut up and go away, Niskanen.  How many times do we have to tell you to butt out?

Your brain fart opinion piece isn't the solution to any perceived problem.  In fact, I find it to be completely ignorant, inaccurate and bordering on fantasy.  It could only be the source of future problems... and litigation.  Lots of litigation.

We're perfectly capable of speaking for ourselves and representing our own interests. 
1 Comment

School's In - Utilities Should Pull Up A Chair

1/17/2022

1 Comment

 
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When did we decide that remote, industrial scale solar and wind were our energy future?  I don't actually remember this happening.  What happened to energy efficiency?  Distributed generation?  Community-based renewables?  Storage?  Nuclear?  Natural Gas?  New technology?  Or even the meaningless "all of the above" energy strategy?  At some point all these ideas were put neatly on a shelf and the United States put all its energy eggs into the remote, industrial scale solar and wind basket.  How did this happen?  Was it because investors and the energy industry recognized that this was the energy "solution" that put the most money in their pockets?  Our Big Government is nothing but a lackey for moneyed interests anymore.  Any claims to care for people are pure posturing of the most despicable kind.

Utility rag T&D World asks, "Are utilities forgetting some key aspect of successful project development, or has the world changed, or both?" in a new piece entitled, "A Teachable Moment Regarding Transmission Development."

The article asks
Are we not doing an adequate job of incorporating the input of all stakeholders or resolving major conflict during the development stage? If parties remain opposed to a project after a final decision is made, have we reached a time in our society that the risk of proceeding with a project may be too great even if an approval has been granted? In the project sited above (NECEC), the primary benefits appear to accrue to one state and most opposition as well as the agency suspending construction are from another. In fact, the issue on the ballot in the opposing state, which could permanently enjoin the project under construction, supports local transmission while increasing the difficulty of gaining approval for EHV and DC transmission that does not directly benefit the local communities it impacts.
The simple answer is "no."  Utilities are no longer even pretending to care what the impacted population wants.  There's too much money in it for the utility.  As utility power increases, so to does its preference for simply running its opposition over with a bulldozer.  Case in point... the Infrastructure Investment and Jobs Act.  T&D says
The Infrastructure Investment and Jobs Act (the Act) passed in November 2021 grants FERC broader transmission siting authority within national interest transmission corridors and allows the DOE to become an anchor tenant for new transmission projects.

Frankly, we do not know if the Act will help get new transmission built. Unquestionably, it has never been more difficult to obtain consensus regarding major new long distance, interstate, and international transmission projects. Such projects should be designed to deliver demonstrable benefits outweighing the impacts for all affected parties.
And there's the problem.  When you build across wide swaths of the country for the purpose of delivering power from Point A to Point B, without any benefit for all points in between, it's impossible to deliver demonstrable benefits to the fly over country between A and B. 

These benefits cannot be created as a handful of colorful beads.  Fly over folks aren't that stupid.  We know we're not getting anything and condescending offers of measly bribes just aren't going to cut it.  Take your bribes elsewhere... we know they're nothing but crumbs from your taxpayer-funded feast.  We're not so dumb that we're going to pay to bribe ourselves while utilities laugh all the way to the bank.
Transmission developers may need to borrow from other energy business segments to provide compelling economic strategies for landowners, host communities and other stakeholders to support new projects. The outright purchase of the required land for a project as opposed to a one-time purchase of a ROW is one example utilities have employed. Offering a production-based payment to landowners and providing a community stipend or other benefits has proven successful in the gas exploration and wind industries. Applying these methods to transmission projects would ensure those living with the project will receive continuing tangible benefits.
Well, gosh, none of these things actually provide a demonstrable benefit to affected landowners.  Selling of land or easements under threat of eminent domain taking may only result in "just compensation."   It's compensation, or payment, for something taken from the landowner.  It's not a windfall or benefit.  Also note that the author is trying to borrow bribery techniques from projects in which landowners may voluntarily participate and applying them to projects where landowner participation is mandated by eminent domain.  In an eminent domain situation, there is no balance of power... the landowner must acquiesce or else their land is taken involuntarily.  There is absolutely no comparison.  In a voluntary situation, the benefits must be good enough to inspire participation.  They must rise to a certain level to attract participation.  In an involuntary situation there is no line at which participation is inspired by monetary bribes.  The utility doesn't have to try that hard when it has eminent domain at its disposal.

Also, providing impact payments does absolutely NOTHING to remove the impacts.  It's a payment in exchange for being impacted.  Would the utilities spend more money trying to force participation than they could by creating projects that have no impacts?  Certainly.  How about not creating those impacts in the first place?

Transmission buried on existing rights of way does not create community or landowner impact.  It's  more expensive up front, but it produces a wealth of ratepayer savings over time.  Such savings include not only the cost of battling opposition and the time saved in being unopposed, but also saves the costs of community bribes and outsized payments for obtaining land voluntarily. It also saves future vegetation maintenance costs (because an existing right of way is already being maintained), costs of land agents, legal costs for obtaining land through eminent domain, as well as the legal costs of contested permit proceedings.  It saves costs of frequent repairs because underground lines fail less often since they are not subject to damage from weather, fire, or sabotage.  Building underground will likely fully pay for itself if it prevents just one blackout.

Unopposed transmission can be built quickly, and spending more increases utility returns over the long term.  A long slog to build opposed "cheap" overhead transmission on new rights of way would not end up being cheaper in the long run.  When are these folks going to wake up?

Transmission opposition is not going away until transmission impacts go away.  Shouldering the burden of new impacts is particularly maddening for landowners when the transmission project is driven by policy and politics, and not by need for the new transmission.  Policy does not create physical need.
The power industry is operating in a new era of public activism complicated by policy driven as opposed to strictly need based infrastructure development goals. Successful future projects will require in depth collaboration to get all stakeholders on board and rowing in the same direction.
If you want landowners and communities rowing in your boat, you need to set sail in a new boat.  Technology provides a way to get this done.  Stop rowing the wrong way in an antique boat!
1 Comment

Grain Belt Express Changes its Plan... AGAIN!

1/17/2022

1 Comment

 
First it was going from Kansas to Indiana... then it was only going from Kansas to Missouri... and now it's apparently back to the first plan.
In accordance with 2020 ILCS5/8-406, Invenergy Transmission LLC, an affiliate of Invenergy LLC, hereby provides notice to the Shelby County Clerk of the first of three phases (“Phase 1”) of public meetings for the Grain Belt Express project.
Remember, Invenergy re-wrote the Illinois public utility statute last year to benefit itself.  It granted itself eminent domain authority for GBE.  It required the ICC to find the project in the public interest without the taking of evidence.  I guess the Illinois legislature is like a horse without a rider unless it has the guiding hand of a greedy utility corporation.  Good thing Michael Polsky took the reins from ComEd to guide the vapid stable of legislators!

Of course, none of this is even remotely constitutional.  Remember when Invenergy told the Missouri legislature that its proposed legislation was unconstitutional?  Meanwhile, Invenergy was busy putting unconstitutional laws in place in Illinois.  Invenergy wouldn't recognize the Constitution if it jumped up and bit them on the ankle.  It's all about what gives Invenergy more power and profits, not what's constitutional.

So, after proposing to change its plan several years ago to only serve customers in Kansas and Missouri, Invenergy has suddenly developed a wish to extend its project over 200 miles of Illinois and sell power into PJM Interconnection, the grid serving the Mid-Atlantic and Ohio Valley.  However, that's not a done deal.  A different merchant transmission project that wants to connect to PJM is having issues and is being delayed for years.  What makes Invenergy think that its project is so special that it will be welcomed?  Chances are slim to none.

And speaking of a different project, Invenergy is a partner on a new transmission project recently approved in New York.
...a new 175-mile, underground transmission line, will enable the delivery of more than 7.5 million megawatt-hours of emissions-free energy into New York City every year.
What?  Underground?  If Invenergy can build a transmission line underground in New York, why can't it build a project underground in Kansas, Missouri, or Illinois?  What's the benefit of undergrounding the project?  It's so impacts on local landowners and communities are ameliorated.  Why are the communities and landowners in New York afforded respect and deference that Invenergy refuses to offer in the Midwest?  Invenergy has some serious questions to answer about its economic and environmental justice practices.

Where are the customers, Invenergy?  A merchant transmission project cannot be financed and built without customers.  Or was Invenergy waiting for more legislative changes at the federal level?

Our Big Government is just starting to plan how to administer the Infrastructure Investment and Jobs Act.

DOE is authorized to serve as an anchor customer on new and upgraded transmission lines in order to facilitate the private financing and construction of the line. Under this authority, DOE would buy up to 50 percent of planned capacity from the developer for a term of up to 40 years. A purchase of capacity will not be considered a “major federal action” that would trigger environmental review pursuant to the National Environmental Policy Act (NEPA). DOE will then market the capacity it has purchased to recover the costs it has incurred once the project’s long-term financial viability is secured.


Well, isn't that convenient?  A market-based merchant transmission project no longer needs a market of customers.  Our Big Government will become an artificial "customer" and prop up these transmission roads to nowhere with our tax dollars.  This is not market based.

TROUBLE AHEAD!

Can a government declare its actions aren't governed by NEPA?  Seems more like an issue that a court would have to decide.  Federal agencies cannot exempt themselves from federal law when it's convenient.

TROUBLE AHEAD!

Any "new" old plans for GBE are on the long, slow road to never happening.  Certainly not at the point of condemning land, which GBE has recently filed to do in Missouri.  Invenergy is going to condemn  50% or more of the property it needs to build a transmission line at some point in the future, maybe, if it can get approved and find customers?  Why would Invenergy need to condemn land NOW for a project that cannot be built for years and years?  Is it really about a transmission line?  Or is it more about power and taking things from others just because you can?

TROUBLE AHEAD!

Grain Belt Express is just as hated as always, and just as far from success.
1 Comment

New Transmission Disasters Ahead!

1/13/2022

2 Comments

 
Picture
Yesterday the U.S. Department of Energy released its initiative for Building a Better Grid.

What they apparently mean is building an enormously profitable grid of dubious purpose that puts money in big energy pockets.  It's not about benefiting you.  It never was.
The U.S. Department of Energy (DOE) today launched the “Building a Better Grid” Initiative to catalyze the nationwide development of new and upgraded high-capacity electric transmission lines, as enabled by President Biden’s Bipartisan Infrastructure Law.
It's the boot on the neck of rural America that I've been warning you about.

It prattles on...
Building a Better Grid will work with community and industry stakeholders to identify national transmission needs and support the buildout of long-distance, high voltage transmission facilities that are critical to reaching President Biden’s goal of 100% clean electricity by 2035 and a zero emissions economy by 2050. This program will make the U.S. power grid more resilient to the impacts of climate change, increase access to affordable and reliable clean energy, and create good-paying American jobs across industry sectors – boosting transmission jobs which employs over one million workers across the country.
Did she say community stakeholders?  Oh, that's just for show.  If you dig down deep into the guts of this bureaucratic plan, you will find that community stakeholders are not actually mentioned as having a seat at the table.  The role of the community is to play a bit part they have written for you that only comes onstage AFTER a transmission line has been planned for your community.  Until then, you're supposed to remain blissfully unaware.

Many will.  However, there's a huge army of the "transmission woke" that have been affected by previous plans that ended in disaster.  Whether it was disaster for the community when a transmission line was actually permitted and built, or disaster for the transmission company when their transmission line was cancelled, it was still a disaster.  It takes an enormous outpouring of time, energy and funding to beat a transmission line.  When the battle is over, many of the weary may re-engage in their "pre-transmission" lives, but they are still "transmission woke."  Once you see the horror of unneeded, unwanted, invasive transmission in your community, you can never unsee it.  Together, we are a force to be reckoned with.

The folks who have wrestled with unwanted transmission in the past are sitting ducks.  If your community, or property, was targeted by past transmission projects, then you are ground zero for new proposals.  What looked attractive to the last transmission company for siting its project will still look attractive to a new company.  Or perhaps the same old company, acting out of pure spite.  Would they like another chance to engage with you and win because they have been given a bigger sledgehammer by Congress and arrogant bureaucrats?  Perhaps.

WHOOP!  WHOOP!  WHOOP!  RED ALERT!!!  This is not a drill!  I'm sounding the alarm.  We all need to come together now to get a seat at the table and use our combined muscle to shape the implementation of this new law to build sensibly without causing undue impact in our communities.  We have a plan.

Watch this space for a big announcement coming soon!

When our government gets out of control, we can't simply sit back and say, "Someone needs to do something!"  We're all someone.  Even you!
2 Comments

Reaching into History

1/5/2022

1 Comment

 
Picture
The folks who stand to make a bundle building unprecedented amounts of new electric transmission are busy trying to tell everyone what citizens affected by said new transmission want.  They think they can define you, marginalize you, and take what's yours to serve themselves.

We saw these same arrogant suggestions in comments on FERC's transmission planning rulemaking recently.  But we fought back.  Now they're taking their arrogance to the media.  Well, sort of media... as if we can take biased "Climate News" as any kind of real media.

According to these arrogant shysters, a brand new "investigation" reveals the answer to transmission siting was determined 50 years ago.  They are now promoting a 1970's transmission line siting battle as the answer to contemporary transmission opposition.  Their "investigation" supposedly reveals that the only mistake made in that battle was not notifying affected landowners early enough in the process.  The take away is supposed to be if today's transmission developers engage with landowners early in the process that opposition can be avoided.
One of the lessons was that power companies need to engage the public early and be willing to change course in the face of well-reasoned criticism, as opposed to ramming through a project.
Perhaps most objectionable about the article's contentions is that they are taking great liberty with the history.  The First Battle of America's Energy War is a story that has been studied extensively by today's transmission opposition.  It's a lesson in what not to do.  Do not get bogged down in governmental processes designed to distract your attention.  Do not let the transmission company and their governmental lackeys set your agenda.  Do not play the part they have written for you.  That part ends in defeat because it's designed to run you over, take your property, and build a transmission line there whether you object, or not.  Earlier deployment of the highway to hell will not change the outcome.  It will not result in a docile, happy, affected community.  It doesn't change the fact that land use, prosperity, health, heritage and economic impacts will be visited on the few for the benefit of the disconnected and ungrateful many who believe they can use "stupid" rural America to serve their needs.

Transmission opposition to overhead lines on new rights of way is going to happen.  There is no way to avoid it.  Pretending a 50-year old battle holds the key to today's transmission opposition is nothing more than creative fantasy.  Perhaps they should spend more time studying today's opposition.  If they did, perhaps they'd realize that we've come a long way, baby.  What happened with the PATH project?  The Monmouth County Reliability project?  SWEPCO's Kings River project?  AEP's Windcatcher?  Transource's Independence Energy Connection?  New England Clean Energy Connect?  Cardinal Hickory Creek?  All the Clean Line Energy projects?  I'm probably forgetting a few, and for that I apologize.  The cancellations of hotly opposed Big Transmission projects over the past decade have been too numerous to rattle off the top of my head.  (Somewhere I have a list that I prepared several years ago for an event where I was speaking... somewhere I can't put my finger on right now.)  What would happen if someone studied all these cancelled projects to find the common denominator?  I suppose it would depend on who does the study.  But the only ones who can arrive at the right answer are the transmission opposition groups who won the cancellations.  Collectively, I'd say that the common denominator is overhead transmission on new rights of way.  If you poke a stick into the lion's cage, you're going to piss off the lion.

Maybe the solution is not to engage the lion in the first place.  How can transmission developers do this?  Buried transmission on existing rights of way.  As the developers of the SOO Green project have proven, if you don't create new rights of way using eminent domain, the lion simply doesn't care all that much.  SOO Green has found the secret sauce...
...new transmission can be sited and routed with broad support from the public and the communities most impacted by it.
When transmission opposition and transmission developers agree on something, maybe it deserves a second look?  Instead, the shysters doggedly insist that it isn't a solution at all.
Power companies can reduce conflict by building transmission lines in existing corridors, like along highways and railroads, but those options can be more complicated and costly.
They're not more complicated.  The technology to bury electric transmission along existing rail corridors exists.  It's probably a lot less complicated that engaging in decades-long battles with affected communities.  Costly?  Yes, it may have a higher upfront cost, but it also saves an enormous amount of money the developer would otherwise spend battling opposition, not to mention the time involved.  Time is money, and the environmental groups clambering for new transmission say we don't have the luxury of time.  Why, then, do they insist on doing things the hard way when SOO Green provides the true "shining example" of how to avoid expensive, time-consuming opposition?

One of the first things a community does when notified of a new transmission proposal is find a way to shift it elsewhere.  Sorry, it's just the knee jerk reaction.  However, in all successful opposition groups realization of the true enemy (transmission company) quickly follows.  Then attention may shift to ways to mitigate the impact upon their collective group.  Burial is a favorite.  Out of sight, out of mind.  However, because transmission projects are always presented as fully formed ideas, the developer will always try to shut that idea down because it's not in their plans.  Excuses are usually cost, with a promise that if the community pays the extra (estimated at 10 times the cost), then the project can be buried.  That's no mitigation offer.  It's a dead end.   And why should a community pay to mitigate the impacts of a project from which they will not benefit?  This also applies to crazy ideas to financially bribe local communities to accept impacts.  When ratepayers are picking up the tab for the project, that community will be paying to bribe themselves!  And why is it that financial bribes should be the responsibility of beneficiaries in other areas, while the cost of burying the project and not incurring the impacts of the project in the first place gets left on the doorstep of the affected community?  This is not logical... at all.  Transmission developers also whine that buried projects are harder to maintain and faults are unable to be seen, leading to longer repair times.  WRONG!  Buried projects are completely unaffected by weather, fire, sabotage, and accident.  They fail less often.  But when they do, modern technology can pinpoint the location of the fault to a very small section of line, which can be accessed for repair via regularly spaced maintenance vaults.  Underground transmission is designed to provide for easy detection and repair of faults.

Oh boy... how did I get so far afield?  I've got things to do today, other than this blog.  Let's cut to the chase here...

These arrogant greedsters will continue to push their narrative that only a boot on the neck of rural America can usher in a renewable energy future.  Instead of working with rural America to find a solution, these folks continue to push for more authority to simply take what they want.  Case in point... I emailed the author of this piece 2 days ago.  No response.  They don't want to find an acceptable solution.  They just want more power to control the lives and land of folks in rural places by pretending they know what you want.

Ultimately, it will fail.  Whether it's quickly, courtesy of  those who thoughtfully make public policy, or in a long slog punctuated by protests and violence reminiscent of the 1970's, is up to them.

We have a voice, and we will continue to use it.
1 Comment

Shame on you, Wall Street Journal!

1/1/2022

2 Comments

 
Happy New Year!  My wish for the year is that the news media quits behaving like a political commentator and begins investigating and reporting actual news while allowing the reader to make up his own mind without plowing through a bunch of biased hogwash and meaningless buzzwords.

Case in point:  The Wall Street Journal.

How in the world did the mighty fall so far?

It looks like WSJ hired a bunch of biased and uniformed energy reporters with a political agenda.  Not really surprising, based on the history, but it's actually getting worse!

These two political hacks masquerading as reporters think that Joe Biden can do something to speed up electric transmission permitting and siting. 

No, he can't.  Adding new layers of government control SLOWS things down, it does not speed them up.  But never-you-mind, these two gals believe!
The changes—which include giving the federal government more authority to intervene in state-level permitting decisions—are meant to expedite the approval of new transmission lines, which often encounter regional opposition and face years of delays.
What?  The federal government is going to file a petition to intervene in each state transmission permitting and siting process?  That's what she wrote.  Of course, that's not anywhere near accurate.  She just has a general idea that the feds can somehow force a state to permit, so she makes up some feel-good sounding crap that means absolutely nothing at all.  You know, a REAL reporter would have investigated this matter, found the enabling legislation, and then asked questions of the federal agencies involved.  This lazy reporter just made crap up.

Here's reality:  This is NOT a new process.  It's one that became law back in 2005.  What is new is a change to the wording of the statute that supposedly gives FERC the authority to site (and grant federal eminent domain authority) for a transmission line that is denied a permit by a state utility commission.  The old law only gave FERC authority if a state failed to act on a permit application. 

There's also a whole lot more to this process, such as a congestion study and designation of NIETCs.  This MUST happen first because the only transmission projects eligible for federal usurpation of state authority must be in a NIETC.  Even with a NIETC designation, the state process must play out before it could bump to FERC.  Also, add years of rulemakings and governmental bureaucracy (environmental reviews) to the mix.  And, does Congress actually have the authority to claim a role in electric transmission siting?  Our Constitution says the feds can't step into an area that was left to the states.  Add years of court challenges to this list.  Why didn't the reporter mention ANY of this?

You know, the whining of developers should have tipped a reporter off that there was more to this picture.
Developers expect the new measures to streamline approvals but say they might not be enough. Companies proposing transmission lines say they often face local opposition, protracted state-level study processes or pushback from rival companies that don’t want new sources of electricity coming into regional markets.

“You look at the history in the U.S., and it’s very tough,” said Mike Garland, chief executive of transmission and renewables developer Pattern Energy Group, which recently started operating a 155-mile transmission line in New Mexico that took about seven years to finish.

“A couple of people can stop a transmission line, and that’s really bad news,” Mr. Garland said. “For us, the infrastructure bill provides a number of benefits that can help. It doesn’t solve the problem.”
Of course it doesn't.  It does nothing but throw tax money at a problem and attempt greater force to crush people who object.  The harder the government stamps its boot on the neck of rural America, the more entrenched and creative the opposition will become.  Acting like a bully is never the way to get someone to cooperate.  Waving a big stick and threatening to beat someone with it if they don't get in line is not the way to solve a problem.  What the hell is wrong with you, Rob Gramlich?
Rob Gramlich, founder and president of power-sector consulting firm Grid Strategies LLC and executive director of advocacy group Americans for a Clean Energy Grid, said the Energy Department’s expanded ability to resolve and perhaps override state-level decisions could have a significant effect on efforts to expedite projects. But he said it remains unclear how the agency would use the new tools.
“It may just be the big stick they carry around while speaking softly in these regional transmission efforts and state siting proceedings,” Mr. Gramlich said. “But when everybody knows that stick exists, their behavior might change.”

Who is this clown?  What does a "power-sector consulting firm" actually do?  The reporter wasn't the least bit curious to uncover that Gramlich appears to be Bill Gates' energy investment lackey in his evil plan to take over the world.  Muhahaha, as Dr. Evil would say.

But let's get back to Mike Garland and his affront that a couple of people can stop a transmission line.  Ya know what, Mike?  There's a really simple solution to your problem.  If you bury your transmission line on an existing right-of-way, nobody is even going to want to stop your project in the first place!!  It's a miracle!  Maybe if Mike quits trying to take land from other people upon which to build his profit-making power line, we could make some real progress here.  No sticks, no made up propaganda, no reporter bullshit needed.

And where did the reporter get this notion?
Critics of transmission projects over the years have cited various concerns including the use of eminent domain, environmental impacts and potential effects on property values, among other factors.
Poor little city gal.  She doesn't know where her food comes from!  She completely misses one of the biggest concerns:  Transmission interferes with farming and lowers the yield.  There's actually a lot more to it that the reporter *could* find out, if she bothered to actually contact a rural transmission opposition group.  But she doesn't have time for the folks who grow the food she stuffs in her pie hole.

This whole article is full of derogatory presumptions, such as bringing up NIMBY, and blaming opposition on the fossil fuel industry.
Transmission line projects often face pushback during the permitting process, including opposition from established power providers. Companies that own nuclear and fossil-fuel plants have raised concerns about their ability to compete with wind, solar or hydropower delivered from other markets.

Maine residents last month voted to reject a $950 million transmission line under construction by Spain’s Iberdrola SA that would carry Canadian hydropower into the New England market. NextEra Energy Inc., a power company that operates a nuclear plant and an oil-fueled power plant in Maine, donated about $20 million to a political-action committee opposing the project and was joined by several other companies with plants in the area.NextEra declined to comment. Avangrid Inc., the U.S. subsidiary of Iberdrola that is behind the project, is fighting the ballot measure in court.

“This is really about the transition from the old to the new, and how we manage that,” said Avangrid’s deputy chief executive, Bob Kump.
Some Maine residents also raised concerns about the project’s potential harm to state forests and questioned whether the developer overstated its environmental benefits.
Sandi Howard, a music professor and Registered Maine Guide who leads a grass-roots opposition group, said the removal of tree canopy could hurt tourism and pose environmental and wildlife harms, including disturbing deer wintering areas and hurting native brook trout.
“Sometimes people throw up NIMBY,” said Ms. Howard, referring to the acronym for “not in my backyard.” “It’s bigger than that.”

These thoughtful committed citizens changed the world.  It wasn't about preserving fossil fuels.  Those companies did their own thing because they were protecting their own financial interests from competitor Avangrid.  If the shoe were on the other foot, Avangrid would do the same.  There's no honor among thieves.  I'll give you another analogy to go with it:  The enemy of my enemy is my friend.  If these companies wanted to dump a bunch of money into defeating the power line, are the grassroots groups supposed to stop their opposition?  Think about it, little city gal, and realize what you're "reporting" is presumptuous garbage.

And let's talk about Bob Kump's assertion regarding what this is really about.  Bob gets it wrong.  What it IS about, at its very core, is money.  Piles and piles of big green money!  Kump and his company stand to get very, very rich if they can build a transmission line through rural Maine and pretend to sell "renewable" power to Massachusetts.  It's always about the money.

The comments on this article are numerous.  Perhaps the most infuriating is this one:
Picture
Bribing local communities in exchange for quietly accepting economic, health, and environmental impacts?  But how does that change the impacts?  It doesn't.  Not one bit.  This is the epitome of urban arrogance.  "Oh, let's put our nasties in some place far away where the people are poor and grateful for our crumbs."  Ya know, some states, like West Virginia, are tired of being urban toilets in exchange for a handful of colorful beads.  How about avoiding those impacts in the first place?  Burying the transmission project on existing rights-of-way means that nobody has to suffer, or be paid off to do so.  We're really not grateful for your beneficence.  Take your bribes and shove them.  Maybe if you put your big stick up there first, it can pave the way.

However, the comments overall seem to be telling the reporters the same thing... that Big Government is never the solution.  In fact, it's more likely to be the problem.
Chris Miller, the council’s president, said he remains concerned that the federal government could override state-level decisions on transmission projects without having to consider alternatives with potentially less environmental impact.
“You’re basically taking state and local self-determination and exchanging it for the administrative fiat of FERC,” he said. “If your goal is to protect the environment, that is not acceptable.”
It seems to me that this article could be summed up in one sentence.

Some People oppose transmission, but Most People need new transmission.

Some People are rural.
Most People are urban.

Did the reporter actually count everyone to see which should be labeled "some" and which should be labeled "most"?  How many is "some"?  How many is "most"?  Or are the words "some" and "most" propaganda words used to subliminally sway reader opinion?  Doesn't look like it's working.

This article is nothing more than a bundle of glittering generalities that mean absolutely nothing at all.  What a complete waste of time and effort.  How about reporting the facts for a change and leaving the opinion on the editorial page?  Shame on you Wall Street Journal!
2 Comments

It's All About the Adjectives

12/20/2021

0 Comments

 
I don't write a lot about gas pipeline issues, but this article in Marcellus Drilling News deserves an exception.

The adjectives used are exquisite (and of course unnecessary).  Someone's knickers are in a hard twist over this court case.  As if the judges could be swayed by ad hominem arguments in an industry newsletter.
Radicals Using MVP Case to Void Eminent Domain for All Pipelines
In 2019 a group of Virginia landowners filed a lawsuit against the Equitrans Mountain Valley Pipeline (MVP) project, because they didn’t like how the pipeline left a mark across their horse pastures. The landowners arrogantly argued Congress improperly delegated its legislative powers to FERC and that ALL pipeline approvals made by FERC that have led to property being “taken” against a landowner’s wishes, including MVP, should be invalidated. In May 2020 a federal court dismissed the case. Using money from Big Green groups (who are funded by foreign countries like Russia and China), the uppity landowners appealed once again and, unfortunately, the case remains active and live, now in a higher court.

Radical, arrogant and, my personal favorite, UPPITY are adjectives used to describe landowners in the opening paragraph.  The rest of the article is behind a paywall, but I can guess that it probably contains more derogatory adjectives and arrogant observations about the gas industry's opponents on this matter.

Landowners "don't like how the pipeline left a mark across their horse pastures."  So, all affected landowners have horses, and pastures?  Or only the moneyed few who spent their own hard-earned cash on a legal battle?  Not sure if gas rates are like electric rates in this way, but if this pipeline were a transmission line, the landowners would also be paying for the gas company's legal fees, propaganda, and lobbying, to get this project approved. 

But there's always the courts, and the buck stops there.

In case you're curious about the eminent domain aspects of this case, here's another news article without the adjectives (or maybe creative adjectives for the gas company, instead). 

And if you're really interested in stripping the biased media crap from this issue, you can listen to the Oral Argument at the Court here.

Do companies get genuinely angry at the citizens who rise up to challenge their arrogant presumptions?  Yes, but they normally don't demonstrate it in such a public fashion.  But I guarantee your company overlords are talking about you in derogatory fashion in internal emails, if you've managed to get under their skin far enough.  Been there, done that.

The energy industry is frustrated, both the fossil fuel industry and the clean energy industry.  One because they suddenly can't build anything at all, and the other because it can't build things fast enough to suit.  Landowners are the target of both.  How DARE landowners actually fight back to keep what they rightfully own?  The adjectives are probably going to get a lot more creative in the future.
0 Comments

Invenergy Insults Missourians

12/11/2021

1 Comment

 
Who do you think you're fooling, Invenergy?  In response to a puffy, propaganda editorial touting the "genius" of Grain Belt Express, Monroe County Missouri Associate Commissioner Marilyn O'Bannon speaks for Missouri in a response op ed, Misleading Missourians is the real aim of the Grain Belt Express.

O'Bannon says,
Plundering the land of Missouri landowners for private gain is not heroic nor commendable, but rather a shameful abuse of eminent domain laws by an out-of-state billionaire who aims to ship government subsidized wind energy across our state’s borders and profits into the pockets of investors. It does not benefit the state when private companies manipulate our eminent domain laws to serve only their bottom line and not our citizens.
It looks like Invenergy's "Way of the American Genius" public relations campaign hasn't fooled anyone... anyone at all.
... the author’s attempt to equate the corporate behemoths behind Grain Belt Express to true Missouri trailblazers like Mark Twain, J.C. Penney and Walt Disney is an insulting attempt to mislead, misguide and distract readers from the facts. 
First, the Grain Belt Express is not a product of a Missouri genius, but rather an outdated idea of a Chicago billionaire whose intent is to drive profits for investors. If Grain Belt Express was truly innovative they would be taking notes from the SOO Green which delivers renewable energy underground on existing rail rights of way through Iowa to the Eastern U.S., eliminating land and environmental impacts of above-ground merchant transmission lines.
New transmission without landowner sacrifice?  Now that's REAL American genius!  But GBE is a bargain basement, leftover idea that Invenergy bought at fire sale prices from defunct Clean Line Energy Partners at the time it went belly-up after wasting $200M of its investor's money.  Instead of making GBE better, and making it welcome by everyone, Invenergy continues to spend as little as possible trying to make this bad idea work.  It's not like Invenergy cannot bury this project on existing rights of way, it's that it simply chooses not to.  The people of Missouri are not respected in the least by Chicago-based Invenergy and its super-rich CEO Michael Polsky.  Any flimsy excuses by Invenergy that it cannot bury its project should fall on deaf ears because the company has demonstrated that it CAN bury new transmission when it demonstrates a bit of respect for landowners in its path.
Even the Clean Path NY project (of which Invenergy is a partner) is buried underground. One would think an actual genius could modify the Grain Belt Express project to provide all of the “benefits” of clean power without the major disruptions. But corporate greed stands in the way of actual progress.
Corporate greed?  That's right!  Instead of building a more expensive project that doesn't require landowner sacrifice, Invenergy seeks to squeeze maximum profits out of its project idea through the use of eminent domain to acquire land as cheaply as possible.  It's not like the use of eminent domain creates cheaper rates for GBE's customers.  GBE's rates will be market-based; that is it will charge the maximum amount it can negotiate with customers based on the market value of the transmission capacity.  The market value will not change if GBE uses eminent domain.  The market value depends on the value of the service to voluntary customers.

Customers?  GBE only has one, and that contract is priced below cost, a loss leader, signed for the purpose of Public Service Commission approval.  The claims of savings are based on numbers at least 5 years old, and that pie-in-the-sky figure was created based on overpriced contracts with Prairie State that have since expired.  Isn't it time for Invenergy to do a re-calculation based on current contracts and market prices, instead of spending its time creating fake "American Genius" marketing campaigns that serve no foreseeable purpose?  Who is Invenergy marketing to with this campaign?  Is it supposed to be the landowners?  Is it supposed to be the County governments, who have yet to grant assent for the project to cross county roadways?  Is it supposed to be potential future customers that Invenergy has not even attempted to negotiate with in a fair and open manner?

Invenergy isn't fooling anyone, except maybe itself.  Missourians know that there's a very real possibility that the project will never be built.  Instead of seeking customers and financing for its project that would assure Missouri's elected officials that the land taken by eminent domain would actually be used for a public purpose, Invenergy wastes its time and money pretending to be a genius.
... it may surprise some readers to learn the Grain Belt Express is a purely optional merchant transmission line which has not been ordered or required for any ratepayer need. Instead, it is a private, supplemental, profit-making endeavor as a merchant transmitter of electricity that is not restricted to wind energy. It is NOT funded by ratepayers because it is not for them. It is funded by investors who receive the benefit from the project. As an optional project, Invenergy can cancel the Grain Belt Express at any time. In fact, the project may never be built if the economics do not translate into returns for investors. For this reason, the project should not be allowed to take land “for a public use.” Landowners deserve certainty, not smoke and mirrors, and Grain Belt Express should not interfere with landowner rights before it even has customers and financing for their project.
If Invenergy takes land using eminent domain now, there's no guarantee that the land will actually be used for a public purpose.  What happens if Invenergy takes land now and later cancels its project?  Will it have to give the land back when it doesn't serve a public purpose?  Or will it be able to keep the land it took under the guise of public purpose and use it for its own private profit?

Missouri's elected officials are understandably cautious, and they're not fooled in the least by Invenergy's smoke and mirrors.

Read the whole editorial for yourself.
1 Comment
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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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