• By December 2, 2024, Grain Belt shall show that through a combination of the following, a majority of the easements necessary to build the Kansas portion of the Project: (1) have been executed, (2) are demonstrably being negotiated, or (3) are subject to proceedings in state court. Alternatively, Grain Belt must show it has obtained financing for the complete Project. If Grain Belt is unable to meet the required percentage of easements or obtain financing, it is subject to sanctions or shall file a new transmission line siting permit application under K.S.A. 66-1, 178.
  
  
• By December 2, 2026, the percentage of easements necessary to build the Kansas portion of the Project escalates. If Grain Belt is unable to meet the required percentage of easements or obtain financing, it is subject to increased sanctions or shall file a new transmission line siting permit application under K.S.A. 66-1,178.
  
• By December 2, 2028, the percentage of easements necessary to build the Kansas portion of the Project escalates. If Grain Belt is unable to meet the required percentage of easements or obtain financing, Grain Belt must either: (1) shall file a new transmission line siting permit application under K.S.A. 66-1,178; or (b) abandon the Project and allow all easements to revert to the landowners.
  

TACTICS
Pack said that contractors for the pipeline companies simply show up at residences, with no advance notice.
“They drive up, they knock on your door,” Pack said. “They’re all contractors. You don’t ever meet anybody that works directly with the company. They’re all contractors who are paid to get things done, to get you to sign. They tell you what they want to do, they make you a lowball offer and they try to get you to sign that day. And if you don’t, then they tell you that they’ll sue you for eminent domain.”
Pack said there is a phrase describing such tactics.
“Their immediate threat is, if you don’t sign, we’ll sue you for eminent domain and take it anyway. And that’s why most people sign. They call it pickup hood signings. Most people sign on the pickup hoods because, you say lawsuit and it scares them to death.
“They brag about a 95 percent settlement rate. The pipeline industry will tell you that there’s nothing wrong with the system, that they settle 95 percent of the cases. That’s not indicative of a fair system, that’s indicative of a system that’s so one-sided and so unfair that people are either afraid or can’t afford to fight.”

Apex Clean Energy Vice President of Public Affairs Dahvi Wilson said it’s no longer simply a matter of getting landowners to sign off on projects. Now, Wilson said, utilities need to secure public support.
“We’re increasingly before state [and] local governments, and we’re facing opponents that are very sincerely concerned about what’s coming to their communities but also misguided,” Wilson said.
Utilities are increasingly facing the deliberate spread of misinformation online about proposed projects, she said. “We’re in a lot of debate right now over what’s true.”
Wilson said regulators must now ascertain whether data are scientifically rigorous or simply pulled from a questionable webpage.

North Dakota Indian Affairs Commissioner Scott Davis, a member of the Standing Rock Sioux tribe, led negotiations with the Dakota Access Pipeline over a two-year period. He described how he was constantly afraid of a protester’s death and listening to helicopters conducting crowd control near his home.
“Don’t underestimate the power of my people. You can tell them not to do it, and they’re going to do it,” Davis said. “Quite honestly, government hasn’t treated us very well in the decades of our existence.”
Davis said “old-fashioned” face-to-face discussions with tribal or community leaders is the best approach to introducing projects with communities, native or not. Davis also warned that treaties protect tribal land.

“[For] a lot of you that have tribes in your states, treaties are the law of the land. They’re in the Constitution. … Understanding tribes, where they’re coming from, is so important,” Davis said. “I think in this world of progress, progress, progress, what drives us — what pushes the gas pedal of progress — is trust. If you’re just rubber-stamping [energy infrastructure projects], you will have an issue.”

Wilson said the wind industry, which previously tended to submit projects quietly, hoping for little public notice, is now more transparent. She also agreed that it’s imperative for utilities to spend face-to-face time in a community.
“If the people that are fighting our projects are much more liked in the community, the community is going to believe them over us,” Wilson advised.
However, she said, it’s still a “hard sell” to convince many utilities to spend money to embed company representatives in a community to foster trust.

Environmental Law & Policy Center Senior Attorney Brad Klein said it’s generally good practice for a utility to perform a full environmental impact analysis early in the process and thoroughly investigate alternatives to a large energy infrastructure project.

“I don’t think alternatives are appropriate in all cases, but they should be fully considered up front,” Klein said. Decisions should be made based on “full and fair information,” he said, which should contemplate new technologies, battery storage and collections of distributed resources.

Klein also acknowledged that there will be environmental trade-offs with any large infrastructure project. But utilities and regulators shouldn’t insult groups of concerned citizens, he said.
“Don’t dismiss local communities as NIMBYs [‘not in my backyard’]. That’s insulting,” Klein said. “When we lose the public’s trust, you lose the larger fight.”

What you want
Baby, I got it
What you need
Do you know I got it?

Our results also suggest that transmission line developers may garner greater support from communities that will host such lines if they explain explicitly that at least one source of electricity is solar or wind.

Of course, higher support for transmission lines that carry renewable electricity may not be sufficient to overcome all opposition, especially from property owners most directly affected by the siting; nor is it guaranteed that a response to a hypothetical survey scenario reflects how one would respond to the same scenario in reality.

The transmission line also creates several economic benefits, including added grid interconnection and future interconnection options, landowner easement payments, and county property tax payments.

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“There’s a huge supply chain of service folks that really know how to do these things, and that will help us to be more flexible,” Skelly said. “There’s a bunch of states now that want 100% renewable energy. I think we’re on a great path, and for the younger folks just getting started in the industry, it’s going to be interesting.”

“We thought transmission was going to be the linchpin of expanding wind energy,” Skelly said.

“Transmission is super hard. We’re not really in the mood right now to do these giant projects in the United States,” Skelly said. “These things change. We’ll look back in 100 years. There’ll be times we didn’t do a lot of infrastructure; there are times we did a lot of infrastructure. Hopefully, the country will be in a better mood and ready to do these big-bone transmission projects.”

Coincidentally, Pattern Energy CEO Michael Garland sat at the other end of the panel. Pattern last year bought Clean Line’s interests in the Mesa Canyons Wind Farm and Western Spirit Clean Line projects in New Mexico. It has already reached a $285 million agreement with PNM Resources to sell Western Spirit once it’s completed in 2021.

“They’ve pushed forward with development,” Skelly said of Pattern. “Clearly it’s a new model, and that’s exciting.”