Category: MARL

Stand Up For West Virginia at FERC!

6/17/2025

Stand up for West Virginia at the Federal Energy Regulatory Commission! FERC recently held a conference on the problem of “resource adequacy.” That’s just a fancy name for the fact that we don’t have enough electricity to power new data centers.

I sat through the entire first day of the conference, where PJM's resource adequacy was discussed, and took copious notes... so you didn't have to.

Now it's time to act!

Tell FERC that transmission extension cords across West Virginia are NOT the answer! It’s quick and easy to do with FERC’s online comment form!

Don’t know what to say? Here’s a little help.

Commenting on FERC Docket AD25-7

Existing generation is retiring and not enough new generation is being built.
Data centers, especially Artificial Intelligence, are creating skyrocketing load.
Transmission extension cords to import existing generation hundreds of miles to serve new data center load is inefficient, has devastating impacts, takes too long, and is the most expensive solution.
Transmission extension cords will take private property in West Virginia.
Transmission extension cords will cost West Virginians more than $440M and provide no benefit to West Virginia. Reference IEEFA study.
West Virginia is an electricity exporter.
Virginia is an electricity importer and wants transmission from West Virginia to increase imports to serve their data centers.
West Virginia’s Power Generation and Consumption Act allows companies seeking to build data centers in the state to create their own, independent energy grids to power them.
West Virginia’s Power Generation and Consumption Act requires data centers to pay for and build their own power on site. Does not require new transmission and does not shift costs of providing power to ratepayers.
Data centers are not just another electricity customer who must be served using existing rules that share burden among all consumers.
Data centers must be responsible for bringing and paying for their own power.
Resource adequacy cannot be solved by building more transmission.
Resource adequacy can be solved by building new generation at data centers.
Resource adequacy will be solved if data centers become the solution, and not the problem.

Need more inspiration? Here's what I just filed.

Comments of Keryn Newman
Docket No. AD25-7

“Breaking the internet” is a figurative phrase coined to describe an overwhelming surge in web traffic that impedes the operation of the World Wide Web. In an ironic twist, the internet is now breaking us, or more precisely our grid. The generators, transmission lines and distribution systems that make electricity available to everyone can no longer function in the same way they have for decades because they have been overwhelmed by new service requests from artificial intelligence data centers.

This enormous surge in electricity demand is breaking energy transition goals, bedrock regulatory principles, how we plan the energy system, and PJM’s capacity market, just to name a few. It is also breaking consumers ability to pay for the electricity they need. Soon it could even impede their ability to receive service at all as the amount of electric generation continues to shrink and the amount of electricity required by artificial intelligence skyrockets. We are sacrificing our real, human world for an artificial one that exists inside machines.

Our entire energy system and the way we regulate it needs to be torn down and rebuilt to efficiently and cost effectively serve today’s reality. Of course, that cannot happen. We no longer have the luxury of time. Elected officials and regulators have ignored the clear warning signs that were present for a number of years in favor of indulging in politicized industry fantasy. The fantasy is over. It’s now reality.

At FERC’s Resource Adequacy Technical Conference, Commissioner Christie asked whether states should require load-serving entities to acquire enough generation to cover their load forecasts in advance, requiring that they build or buy sufficient generation to meet load. That ought to be the first condition to be a member of a resource sharing organization such as PJM Interconnection, but it is not. PJM states such as Virginia are raking in the cash and benefits created by new data centers and leaning on other states to supply the power they need to enable those new data centers. As Commissioner Christie pointed out during the technical conference, when everybody leans on everybody else, everybody eventually falls down.

Importing more electricity from a neighboring state to serve increased demand is not smart energy policy. It’s a house of cards that cannot stand. PJM has become a group of “haves” and “have nots.” PJM’s State Import-Export Map shows a real time picture of which states are importing electricity, and which states are exporting it. West Virginia and Pennsylvania are consistent electricity exporters. Virginia, Maryland, Washington DC, Delaware and New Jersey are consistent energy importers. It is no longer an equitable sharing of resources among states. There are states that have energy, and states that have not. There are states that are givers, and states that are takers. Where’s the value of PJM membership for the states that are consistent exporters and perpetual givers? There is no value when one state is consistently taken advantage of over and over again. West Virginia has been treated as the east coast’s sacrifice zone, exploited by corporations to benefit wealthier states and treated like a dump that becomes the butt of rude jokes. But, perhaps artificial intelligence is also breaking West Virginia’s victimhood. This year West Virginia approved a new law called the Power Generation and Consumption Act, which allows companies seeking to build data centers in the state to create their own, independent energy grids to power them. West Virginia is getting into the data center game, trying to lure the industry here where energy is plentiful and data centers can bring their own generation and be part of the solution, not just the problem. It makes so much more economic and engineering sense to bring the load to the power than to try to bring the power to the load. West Virginia has found a way to accommodate data centers that does not create financial burden on other ratepayers, or land use burdens on private property.

Over the past several years, PJM Interconnection has planned and ordered more than $11B worth of new baseload transmission to import more and more electricity to Northern Virginia’s “data center alley” from West Virginia and Pennsylvania. These new transmission lines do not provide benefit to West Virginia and Pennsylvania. They are nothing more than gigantic extension cords for the purpose of exporting resources to “have not” taker states, mainly Virginia.

The resource adequacy crisis needs an immediate solution. Satisfying new data center demand can be done three different ways. The fastest and cheapest way is to restrict new data centers to locations with onsite or nearby available power. The second would be to build new generation near data center load, but that takes more time to permit and build and the price is steep. The last, most time consuming and expensive option would be to build transmission extension cords from existing generation to new data centers in other localities. Instead of selecting the fastest and cheapest option for the grid, PJM and the Commission have opted to rely on the slowest and most expensive way to power new data centers, building new transmission. This is not a viable solution and will take much too long to implement because new transmission is never a sure thing.

The impacts of Virginia’s skyrocketing data center load will be devastating to West Virginia, which is primarily bearing the brunt of the Commission’s broken regulatory system that no longer assists consumers in obtaining reliable, safe, secure, and economically efficient energy services at a reasonable cost through appropriate regulatory and market means, and collaborative efforts. West Virginians will pay more than $440M to construct and operate two new transmission extension cords for Virginia's data centers. The MidAtlantic Resiliency Link is a new 160-mile 500kV line that will take a new 200-foot wide right-of-way through private property. Valley Link is a new 261-mile 765kV transmission line that will take an additional 200 ft. wide right-of-way through private property. In Hampshire and Jefferson Counties, West Virginia, these two separate transmission lines will converge to create a transmission superhighway as wide as two football fields laid end to end. Hundreds of homes may be taken and demolished to make way for Virginia’s insatiable appetite for new data centers. There are no benefits for West Virginia, just impacts. Membership in PJM and the Commission’s transmission planning and cost allocation procedures no longer work to provide benefit to West Virginians. We’re being used to benefit other states.

The Commission has been constantly tinkering with interconnection queues, markets and other forms of regulation but has yet to find a solution to the growing problem of resource adequacy. There seems to be little the Commission can do in the face of rapidly increasing load from data centers. All its tools no longer work. What the system needs is more generation near data center load. Because Virginia refuses to build it, other states are being torn apart for new extension cords and consumers are quickly being priced out of being able to afford basic electric service. The system is broken.

Data centers are not just another electricity customer who must be accommodated using existing rules that share burden among all customers. The Commission should take a page from West Virginia’s book and require data centers to bring their own power to wherever they choose to locate, or locate where they may directly connect with generators with excess capacity. Those localities that will not allow data centers to build their own generation cannot continue to lean on the system to support their own economic development. It’s parasitic. Once data centers are separated from the host they have been feeding on and become self-reliant, the resiliency problem solves itself. We simply don’t have any more time to wait while the Commission slow rolls minor fixes here and there and hopes for results.

Stand up for West Virginia! It's not going to change until you do!

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And YOU Get a Substation, and YOU Get a Substation, and...

6/15/2025

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YOU get a substation! Everyone gets a substation!

Has NextEra promised you a substation? Has another transmission company that wants to run a transmission line through your county or district offered you a substation? Does your county actually NEED a new substation, or is it being promised as a speculative draw for new data centers or industry in your county?

Talk is cheap. Reality is expensive. Really, really expensive. A new 500kV substation costs around $50M to build. Even looping MARL (or another new line) through an existing substation in your county costs about $20M. Who do you think is going to pay for that? If there's no actual NEED for a new substation, your county or district is going to pay for that. All of a sudden, it doesn't sound like such a bargain, does it? After all, your county doesn't have $50M to invest in speculative infrastructure to attract new businesses, does it?

All those promises about NextEra "dropping a substation" in your county or district are likely not only false promises, they are actually ludicrous to anyone who knows anything about how transmission is planned and built. Don't parade your lack of knowledge around like a blinking beacon. It's time to look your gift horse in the mouth. It's just not happening.

Here's the reality about how transmission lines (and substations connected to them) are planned. In the case of the MARL 500kV transmission project, the NEED came from increased load requests in the Dominion Power zone in Northern Virginia. Dominion could not serve all the requests it had received to hook up new data center proposals in its service territory. Dominion's load forecast is made up of actual requests from customers, not speculative requests from politicians or local county planners. Only electric companies that serve actual customers can add new service requests that become part of the electric company's load forecast at PJM. If there is no actual customer or NEED for new service, it doesn't go into the load forecast and it doesn't get to PJM.

Those new service requests at Dominion got added to Dominion's load forecast that was sent to PJM. In response, PJM opened a new proposal window to serve that need using the transmission system. MARL was one of the proposals that is purposed to provide 7,500MW of new electricity imports from coal-fired plants in northern West Virginia. Dominion and its future data center customers are counting on that new extension cord to build. Those customer requests were made several years ago and cannot be connected until the transmission line is built. Customers in Northern Virginia can expect to wait up to seven years to get service (if the project is built on time).

If a new data center wants to locate in Hampshire County, West Virginia, it would first make a new service request to the local electricity provider, Potomac Edison. Potomac Edison would make a determination if it could serve the new customer using the existing system. If not, Potomac Edison would add the new request to its load forecast that feeds up to PJM for transmission solutions. However, that new service request would become part of a new planning window, it would not simply "jump the line" to take service away from customers waiting for service in Northern Virginia.

However, if there is no customer in Hampshire, and no new service request for Potomac Edison to serve, Potomac Edison would not add speculative load to its forecast. The utilities only build the service we actually need. They don't overbuild their systems based on speculation or political promises. That's because new transmission and substations are paid for by ALL Potomac Edison customers, and for lines (and substations) 500kV and above, the costs are actually allocated to all consumers in PJM's 13-state region. Utilities can only charge ratepayers for infrastructure that is used and useful to them. It cannot charge ratepayers for speculative projects that don't even have a user.

So, where did NextEra's substation promises come from? Most likely from lobbyists... those sweet talkers who will promise elected officials anything they want to hear in exchange for getting what the company wants.

MARL was originally planned to begin at the 502 Junction substation in Greene Co., Pennsylvania. It was an unbroken "fly over" transmission line until it reached Frederick County, Virginia, more than 100 miles to the southeast. There, MARL would build a new 500kV substation to connect MARL with the existing 500kV transmission line called Bismark-Doubs. That new substation has been named Woodside. From Woodside, both the existing Bismark-Doubs and the new 500kV MARL line will continue east another 60 miles or so until they connect with an existing 500kV substation in Loudoun County's "data center alley" called Goose Creek.

However, when transmission lines have really long spans between connecting substations, they can lose voltage. Transmission system owner FirstEnergy noticed that the long span between 502 Junction and Woodside was going to cause unacceptable voltage drop, so they proposed to PJM that the line not simply bypass its existing Black Oak substation as originally planned, but connect there instead on its way east. According to PJM, the loop into Black Oak is to provide voltage support to the MARL line. It is NOT to serve new customers in Allegany County, Maryland, as it may have been sold to them in order to gain their support for MARL. It will actually be taking power from Black Oak, not delivering it.

But, since the Black Oak connection worked so well to snow Allegany County elected officials that they were "getting something" in exchange for hosting the transmission line, perhaps NextEra simply couldn't resist using the same tactic on other elected officials in other impacted communities? Next thing you know, everyone gets a substation! And they're just going to "drop" out of the sky, like magic... free magic! Do these elected officials think that NextEra is paying for all these free, unneeded substations? Sorry, NextEra has a hard cost cap on the MARL project. Any freebies they give away are coming out of NextEra's profits. Also, an unneeded substation is unlikely to be permitted by state regulators. PJM would have to testify that such a substation is NEEDED and, as as explained above, there is no NEED. As well, NextEra doesn't serve any end use customers in West Virginia and never will. Any new service request would be made to Potomac Edison.

In fact, when I asked PJM's planners about the possibility of a substation being "dropped" in Hampshire County (or any other county on MARL's route) I was told that there's currently no plan to do that. In fact, PJM said that any new customers in those counties would have to make a request to the local electricity provider (Potomac Edison) before anything was planned. Now go back where we started and read again about how new transmission and substations are planned to serve new customers.

There are currently NO PLANS for new substations to be "dropped" along MARL's route. Anyone who believes that had best check their facts.

A new substation is not any more likely than the promises of millions of dollars of new property tax revenue and jobs, jobs, jobs. It's just not happening. Oprah can give away cars, but NextEra cannot give away substations. Don't look like a fool.

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FirstEnergy Transmission Open House

6/5/2025

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Ever feel like the filling in a tuna sandwich? The "stuff" inside an Oreo? Well, that's exactly what you are if you're on the Jefferson County section of PJM's 502 Junction to Goose Creek transmission project. We're being sandwiched between NextEra's MARL on the western side, and FirstEnergy's Gore-Doubs-Goose Creek project on the eastern side. We're the one remaining area without any maps or information. Apparently we're being saved for last because we're the ones FirstEnergy is most worried about. We're the ones who are supposed to remain compliant and in the dark because FirstEnergy has not given us any notice. Well, wake up folks, this is your notice!

FirstEnergy has finally emerged from their bat cave to disseminate public information about the eastern half of the project. As I told you several weeks ago, FirstEnergy is calling the eastern half of MARL the melodious Gore-Doubs-Goose Creek project. You can continue to call it MARL if you like. It doesn't matter what you call it, as long as you don't call it late for the financial incentives buffet (haw, haw, haw).

But, FirstEnergy is only willing to share information about the Maryland part of its project, and says it wants to file an application with the Maryland PSC by the end of the year.

Despite PJM's empty promises about "using existing rights of way" for eastern MARL, FirstEnergy is planning to expand existing easements and acquire more property.

While the project is mainly using existing rights-of-way, there are “some limited areas” where the rights-of-way will have to be expanded to accommodate new transmission structures, according to the fact sheet.

Fact sheet? What fact sheet? Maybe it's on their website? What website? The only information you're going to get is going to be in person at the ONE and ONLY "Open House" FirstEnergy is holding for this project.

A public information session on the project is scheduled for June 11 from 6 to 8 p.m. at the Upper Montgomery County Volunteer Fire Department in Beallsville.

This is your only chance to get information. Be there.

Meanwhile FirstEnergy continues to slink around, approaching landowners with predatory proposals before giving them complete information about the project.

Potomac Edison has “approached a handful of property owners in those areas (a mix of commercial or privately owned, undeveloped land) to discuss obtaining those easements for fair market compensation.”

Right now, Potomac Edison is conducting “preconstruction activities” along the transmission rights-of-way, according to the project fact sheet.

Company employees might be seen driving or walking the properties where the rights-of-way are, taking measurements, placing boundary flags, and gathering soil or vegetation samples.

Don't just sit there. Do something!

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West Virginians Could Pay More than $440M for New Transmission Lines

5/30/2025

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A new study released May 29 found that West Virginia electric consumers will pay hundreds of millions of dollars for new transmission lines ordered by regional grid operator PJM Interconnection to export power produced in West Virginia to new data centers in Northern Virginia. The study was performed by Cathy Kunkel, an energy consultant with the Institute for Energy Economics and Financial Analysis (IEEFA).

The study focuses on the proposed 500kV MidAtlantic Resiliency Link and the 765kV Valley Link transmission projects that are planned by PJM to cross Jefferson County, but have not yet been permitted or constructed. If approved by the West Virginia Public Service Commission, the projects will increase electric bills in the state by more than $440M, according to IEEFA.

"The possibility that West Virginia ratepayers will be paying over $440 million to subsidize Virginia's insane energy policies highlights the ludicrous nature of our regional energy transmission system. Mountaineers should not pay for Virginia's decision to eliminate their coal and natural gas plants. West Virginia needs to keep our energy to build our economy, not Virginia's. If Virginia wants to change it's policies and buy coal and natural gas, we'd be happy to sell them as much as they can afford. Our beautiful state should not see ugly transmission lines forced upon us to power Virginia data centers”, said West Virginia Delegate Bill Ridenour, R–Jefferson, after reviewing the study.

The transmission lines were proposed as a fix for rapidly growing electricity demand for new data centers in Northern Virginia, according to local transmission expert Keryn Newman, who likened the new lines to enormous electric extension cords for the data centers that don’t provide any benefit to West Virginians and instead scar our landscape, take our property, and send us the bill.

“New transmission lines crossing West Virginia to export our electricity to data centers in Virginia are going to cost West Virginians at least $440M in increased electric bills at a time when they can least afford it. We need to keep our electricity here, working to empower West Virginia’s economy and its citizens. We can’t afford these new transmission extension cords,” said Newman.

Mary Gee, a resident of Summit Point whose land and home may be taken to make way for the new transmission lines is troubled by the IEEFA report.

“It’s bad enough that my family may lose our home of 20 years, but to be forced to pay for that destruction through higher electric bills is salt in the wound,” she said.

More information about the IEEFA Study.

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Checking NextEra's Math

5/22/2025

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NextEra Energy Transmission MidAtlantic, designated entity for the MidAtlantic Resiliency Link, or MARL, project recently announced its Actual Net Revenue Requirement and Annual True-up Meeting. The meeting will be held on June 12 at 3:30 p.m. and probably won't last more than an hour (depending on how many questions you ask). Interested parties can attend via Webex or telephone. NextEra requests that you répondez s'il vous plaît, but it's not required. See meeting notice linked above.

An interested party is defined in NextEra's Formula Rate Protocols (PJM OATT Attachment H-33-A). "For purposes of these protocols, the term Interested Party includes, but is not limited to, customers under the PJM Tariff, state utility regulatory commissions, consumer advocacy agencies, and state attorneys general." If you pay an electric bill in the PJM region, NextEra's transmission costs are flowing through into your bill and therefore you are an interested party by definition. This issue has been litigated before FERC many times and FERC has emphatically found every time that consumers are interested parties.

At the meeting, NextEra will be presenting its Formula Rate Update to true up its estimated 2024 revenue requirement with its actual expenditures. It will also be presenting its estimate of its revenue requirement for 2025.

What's a revenue requirement? It's the total amount NextEra gets to collect from ratepayers in the PJM region for each year. Once NextEra calculates its revenue requirement, PJM collects that amount from responsible load serving entities (LSE -- the company that actually sends you your bill). The LSE in turn collects the transmission rate from you in your bill. This is how the costs of new transmission get included in your monthly electric bill.

NextEra will NOT be discussing or entertaining any questions about its transmission projects. This meeting is ONLY about NextEra's transmission formula rates.

What's a formula rate? It's a series of mathematical calculations into which the utility plugs certain numbers. It calculates the utility's annual revenue requirement. Formula rates take the place of a stated rate, which is a set dollar amount that the utility would collect from its customers. Instead of a set number, the regulator sets a formula for calculating yearly rates so that there doesn't need to be a full blown rate case every year. The formula is the rate, not a fixed number. The revenue requirement can therefore fluctuate from year to year.

Now take a deep breath.

This is NextEra's formula rate, populated with numbers from 2024.

It's not as hard as it looks. Each calculation names where the numbers it plugs in come from. The numbers used come from NextEra's FERC Form No. 1.

The Form No. 1 is an accounting of NextEra Energy Transmission MidAtlantic's finances for 2024 that is organized into various accounts. If you've ever worked in accounting, or taken an accounting course, you know that an entity's finances are organized into certain accounts that describe each general class of expense. The list of descriptive accounts for an entity is called its Chart of Accounts. All utilities regulated by the Federal Energy Regulatory Commission use FERC's Chart of Accounts, called the Uniform System of Accounts (USofA). Each account listed on the Form No. 1 (and transferred to the formula rate) has a description and rules for its use. Not every account in the USofA gets transferred to the formula rate template. Only certain accounts are included in the formula rate. Other accounts are not included in the rate. For instance, FERC Account Number 426.4, Expenditures for certain civic, political and related activities, is not included in a formula rate. That's because those kinds of expenses are not recoverable from ratepayers under FERC's accounting rules. A utility that chooses to make those kind of expenditures pays for them out of its own funds. When a utility does not follow the descriptions and rules, this can happen.

Sometimes, utility accountants accidentally record expenses in an incorrect account. Not a problem if both accounts are either recoverable or non-recoverable. However if a non-recoverable expense is accidentally recorded in a recoverable account, it would get transferred to the formula rate and recovered from ratepayers in error. In that case, the utility must refund that expense to ratepayers.

NextEra will also be discussing its projections for 2025. These numbers are based on historic averages or company budgets. The estimated revenue requirement is what will be recovered from ratepayers in 2025. However, it is just an estimate. This estimate will be compared with actual 2025 expenses in 2026 (called a true-up) and any overage will be refunded, or any under collection will be wrapped into the next year's rate. This way, the utility only collects its actual expenditures from ratepayers.

As an interested party, you will be able to ask about specific numbers that are plugged into the formula rate, the accounts included in that line item, and how the actual expenses were classified for accounting purposes. If the utility cannot provide detailed answers during the meeting, there is a process for interested parties to submit information requests to seek more details about the expenses and/or calculations to make sure that the rate was calculated correctly. If you are not satisfied with the answer you receive to your question, feel free to ask them how to submit additional written information requests.

Yes, this is heady stuff, but it can be mastered by regular people. Having an accounting background helps.

You might wonder why this process exists. Doesn't FERC check NextEra's math when they file their annual revenue requirement? The answer is NO. No, they do not. FERC relies on the entities that pay these rates to examine and question them. Occasionally FERC may audit some of these utilities, but that's a random process that never looks at every one filed. Because the formula rate has been determined to be just and reasonable, FERC assumes that the utility that uses it follows all the rules when it fills out the rate template every year. Therefore, FERC doesn't need to even look at the filings. They leave that job to you. You might think that your LSE or your state regulator or other state office reviews these filings for accuracy. NO. No, they do not. Your electric company just pays the bill to PJM and passes these costs on to you. It doesn't care how much they are. Your state offices usually don't have the skills or resources to review formula rate filings. In a lot of cases, they don't understand them at all. That leaves it up to you...

So, if you want to plunge into NextEra Energy Transmission MidAtlantic's annual transmission revenue requirement to check their math, don't miss the meeting. It's your first step.

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West Virginia Public Service Commission Passes the Buck

5/14/2025

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The West Virginia Public Service Commission's mission statement is:

The purpose of the Public Service Commission is to ensure fair and prompt regulation of public utilities; to provide for adequate, economical and reliable utility services throughout the state; and to appraise and balance the interests of current and future utility service customers with the general interest of the state's economy and the interests of the utilities.

However, when a customer filed a general comment with the PSC recently regarding the way FirstEnergy is shirking its duty to provide public information, this is the response she got:

Thank you for contacting the Public Service Commission of West Virginia regarding the transmission line project. We are aware of plans for the proposed transmission line, but have not yet received a filing in this matter. We expect the developer to apply to the PSC for a certificate of convenience and necessity (under code section 24-2-11a) before beginning any construction. Once the PSC receives the application, there will be a public notice (the law requires newspaper publication in counties where the line is proposed to be located) and an opportunity for the public to comment and to file protests and to ask for the PSC to hold a hearing. We encourage you to share your comments once a case has been opened and is available for public input.

The consumer corrected the PSC with this response:

This section of state code that got amended back in 2010. It is WV Code §24-2-11a(c) available at this link:

https://code.wvlegislature.gov/24-2-11A/

It says: At least thirty business days before the deadline set by the Public Service Commission to file a petition to intervene with regard to the application, the applicant shall serve notice by certified mail to all owners of surface real estate that lie within the preferred corridor of the proposed transmission line. Notice received by a named owner who is the recipient of record of the most recent tax bill that has been issued by the county sheriff's office for a parcel of land at the time of the filing of the application is sufficient notice regarding that parcel for purposes of this subsection.

I have the right to intervene as an impacted citizen. I also have a right to intervene and participate in the case, not just file a comment.

And then the PSC's Director of Communications responded by passing the buck and telling the consumer to go away.

You do have a right, as any citizen does, to ask to intervene in any case before the Commission.
However, in this case, there is no case before the Commission, so therefore we cannot take or act upon your request.
Until the company files a petition seeking our approval of the line, there is no case. That has not been filed by the company.
If such a request is filed, we will be happy to notify you and then you can petition to intervene.
In the meantime, I may suggest you file your protest with the company.
I hope this helps. Please feel free to call me at any time if I can be of assistance.

Aren't there any lawyers at the PSC that can acknowledge that the company has an obligation to notify impacted landowners via certified mail once an application is filed? That's what the customer was looking for. She filed a general comment seeking help with the fact that FirstEnergy is approaching landowners to seek Right of Entry on their properties without providing any information about their project. FirstEnergy has provided no information whatsoever about their project to the impacted communities. Do impacted landowners have to wait until an application is filed to get basic information about the project and what it intends to do to private property?

Furthermore, a different segment of the same transmission project has absolutely failed to provide effective engagement with other impacted landowners. NextEra has been holding "Open House" meetings in West Virginia that leave landowners confused and angry. The meeting setup is loud and confusing. The maps are not labeled. The comment cards cannot be filled out later and mailed in. Attendees cannot have normal conversation with project representatives because they cannot hear what they are saying and answers are non-responsive or misleading. The company's website is devoid of meaningful explanation or information about this project.

The 500kV MARL project is failing at public engagement on all fronts.

But yet when consumers go to the officials who are supposed to protect them from predatory and outrageous behavior by the public utilities it regulates, they get told their comments cannot be accepted.

In the case of FirstEnergy, impacted landowners and consumers do not even have a contact for the company in order to "file your protest with the company." Landowners are being preyed upon and nobody is stepping up to protect them.

Keep filing your general comments with the WV PSC, even though they claim they cannot accept them. And keep a record of your correspondence. Please forward any refusal of the PSC to accept your comment to your state delegates and senators and ask for their help. These public servants work for us!

To file a general comment with the WV PSC, go to this link and fill out the form. Maybe if they receive enough comments about the outrageous behavior of regulated public utilities they will have to do something?

Landowners are not just asking to intervene before an application is filed. They are commenting on the current process before the application is filed. Communities deserve an open and transparent process leading up to the filing of an application and they deserve to have their right to information protected by the Public Service Commission. After all, that is the PSC's mission!

Keep filing your comments with the PSC regarding your concerns with public engagement (or lack thereof). The PSC has rules that must be followed. The least it can do is accept and acknowledge your comments about these major transmission projects that have been proposed to cross our state. Let them know what you think about what's happening now, even if an application has not yet been filed. Don't let them pass the buck!

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Letting the Cat Out of the Bag

5/12/2025

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An out-of-state utility company hoping to build the MidAtlantic Resiliency Link, or MARL, has been telling local elected officials that its project will bring millions of dollars of new tax revenue to county coffers.

But, will it really? Or is this just a pig in a poke?

A pig in a poke is a thing that is bought without first being inspected, and thus of unknown authenticity or quality. The idiom is attested in 1555:

I wyll neuer bye the pyg in the poke
Thers many a foule pyg in a feyre cloke

I will never buy the pig in the poke
There's many a foul pig in a fair cloak

A "poke" is a sack, so the image is of a concealed item being sold.

Starting in the 19th century, this idiom was explained as a confidence trick where a farmer would substitute a cat for a suckling pig when bringing it to market. When the buyer discovered the deception, he was said to "let the cat out of the bag", that is, to learn of something unfortunate prematurely, hence the expression "letting the cat out of the bag", meaning to reveal that which is secret.

Has anyone bothered to ask the company to show you their math and verify that it actually agrees with the utility tax scheme of your state? I don't think anyone has. I've heard that when details are sought, the subject gets changed, or when pressed they say we will find out the details during the state PSC case. That's magic math, according to one of my elementary school teachers -- where the answer appears out of thin air without showing your work to calculate it.

How ARE utility taxes assessed and paid? If you don't know, it's time to find out. There's a whole lot of confusion and nobody at the local county level seems to know. Don't take some out-of-state company's word about how your own tax system works. Here's the skinny on how it works in West Virginia...

Although most real and personal property is assessed at the local level by county assessors with county commissions approving the final rates, the Board of Public Works approves the real and personal property values of public utilities whose properties stretch across two or more counties. Rather than have each of the 55 assessors determine the value, the property is appraised and assessed by the Tax Division.

Utility property taxes are not handled by local government. It's handled by a state office. Counties have no authority over the rate or the collection of these taxes. Once the state has assessed these utility taxes, the utilities appeal and negotiate these rates to have the tax lowered. Once a deal is reached, the state tax office apportions the utility tax it has collected like this:

"...the value of the property therein of every such owner or operator as valued or assessed hereunder and the relative value of such operating property within each county compared to the value of the total operating property within the state, to be determined upon such factors as the Auditor shall deem proper;".

Bottom line? Counties have no control over utility taxes on transmission lines and the tax rates can fluctuate. Counties only get a small portion of what is collected. Go ahead, check with your county clerk to find out how much utility tax revenue your county received last year, and then figure out how much of that was actually due to electric transmission lines that cross your county. Maybe you can buy a cup of coffee with it?

So, where did the company get the numbers it is using to entice local support? Did they sit down with the West Virginia Board of Public Works and the state tax commissioner and negotiate a deal? Did they calculate how the value of the utility property will depreciate over the years until it's nothing but salvage? Did they mention that transmission utilities don't buy real estate, they simply take an easement and the landowner continues paying taxes on his property, including the easement?

I doubt it.

Corporations are old hands at manipulating local governments to believe that there's a pig in their poke, and not a mangy alley cat, when the corporation is selling new development projects to us "locals." And so they have developed a computer program to help them out that would make P.T. Barnum proud. But, instead of calling it something fitting like "Circus Sideshow Software" its name is IMPLAN. IMPLAN calculates job numbers, taxes, and other economic development numbers that excite local elected officials based on the capital costs of a proposed project. If the utility company isn't using IMPLAN to come up with these pie-in-the-sky tax revenue numbers, it's using another very similar software company.

And you know what they say about computers -- garbage in, garbage out!

Economic factors calculated by a computer algorithm are not realistic. You'd get more tax revenue and jobs out of a new fast food restaurant than you'd get from a new transmission line passing through your county and delivering nothing of value on its way.

Job predictions are extremely inflated. I have seen transmission full-time jobs predicted over the long term that don't even make sense! Building high-voltage transmission is a highly specialized skill. Contractors from other states hired to do the actual build will import their own workers for the duration of the job in your community. IMPLAN and its computerized cousins calculate all the economic impact that such transient workers will cause and then try to sell it to local elected officials as a "benefit." Hotel rooms, fast food, and gas for their vehicles for the month or so they're onsite isn't really going to make a difference on a local level. In addition, IMPLAN will spit out some number of full-time, permanent jobs created in your community by the project. I'm sorry, but this just doesn't happen.

Local transmission workers discuss where to place their ladder so they can climb up and squeeze electricity through the new transmission lines in your community.

Once the line is built, there are no local jobs associated with it. Operation and maintenance of the line is handled by remote teams.

But, back to those tax revenue claims...

Ask the company how it has balanced the actual reduction in local tax revenue caused by the project with the fictional number spit out by IMPLAN. It hasn't done that at all.

New transmission lines across your county are going to devalue the real estate in your tax base. A property crossed by a transmission line loses value and the owner of that parcel can appeal his assessment because of the devaluation the transmission line has caused. In addition, the transmission line can impact many planned developments and future land uses. What development is currently going on, planned, or dreamed about by your county? Maybe you want to lay that out on a map to see how close it is to the proposed transmission line route? New subdivisions, business parks, commercial developments, or maybe just some community improvement like parks, schools, or community services, can all be impeded, or cancelled altogether, if the new transmission line interferes with the proposed development. Whittled down to its most basic level, it's going to harm local landowners and investors who planned to monetize their land in the future, whether it's for retirement or simple profit. New transmission lines cause a decrease in your county's current tax base and any future prospects that might increase it.

Also consider that the transmission company actually pays no taxes at all on the transmission lines it builds... you pay those taxes! A utility collects its cost of service from ratepayers (plus regulated profit). Everything the company spends on its transmission lines, including real estate, personal property, business and income taxes, is reimbursed to them by electric ratepayers as the expense is incurred. All persons in your county who pay an electric bill (including the county itself) are paying those taxes!

Think about that while you're comparing the transmission company's bulging poke with reality. The cat's out of the bag!

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Landowners Come Last

3/1/2025

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Transmission companies use the same playbook every time. By now, I know it by heart.

Projects are planned by the regional grid operator that many people don't even know exists. Although the process is open to "stakeholders," those stakeholders have no idea that such an organization is planning a new transmission project that is going to cross their land and, perhaps, take their home. Once approved by the grid operator, the utilities conduct secret meetings and grease the right palms. They engage with your state agencies and elected officials to convince them that the project is a good idea. It's all one big, happy party... SECRET happy party. Your elected officials and your state agencies don't engage you or send notice. They leave that up to the utility, and the utility doesn't want you to know until it's so far into the routing process that you can't have any real impact on where it goes. You're supposed to remain dumb and happy until the last minute. Then the utility springs it on you as a fait accompli and conducts a farcical public information and notification process. At this point, they hope you're out of options and that you will jump into action to push the project off yourself and onto your neighbor. That's the first reaction of the vast majority of people, until someone finally figures out it's not about where it goes, it's about whether it goes.

But, until you finally receive notice, you should know that the utility has been very busy consulting with everyone except the landowner who would be forced to host the transmission line on his property. And don't you know it, NextEra has been very busy trying to schmooze a path for its portion of the MidAtlantic Resiliency Link (MARL). This presentation recently surfaced, although it's been common knowledge to a bunch of people who were hiding it from you for months.

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Perhaps your most important take away from this little peek into what's been going on behind your back is this slide. Click to download the above file to see a larger version.

This is the roadmap of NextEra's routing process. The red box is where "we" are. It's a point called "Engage Counties and KEY STAKEHOLDER With Preliminary Route." Right... KEY STAKEHOLDER... but that doesn't include the most important KEY of all... the landowners who will be asked to host this project. When are impacted landowners notified? Three turns away at "Open Houses", which is nearly the last pit stop on this highway to hell. By that time, everyone else that won't see it from their house has been consulted about the route and brought on board. Landowners come last on this journey.

Landowners are presented with a couple of routing options and are expected to spend all their time fighting each other over where it goes, instead of joining forces against the real enemy. And they call this "community consultation"... when the decision has already been made.

DAD - Decide, Announce, Defend. DAD is a top-down, minimally participatory method of public management. You're sheep and they are the sheepdogs. This never works on a smart, engaged public because the last "D" never ends. People won't give up when their very home is on the line. And when the utilities are put on the defensive, they say and do the stupidest things, most of them dishonest. Nobody is buying it. We all know how to smell a rat. Propaganda is a useless waste of money.

So, what else is in that power point? Well, there's a full map of the MARL project, including FirstEnergy's portion. NextEra has been pretending that the eastern part of the project doesn't exist and that their project simply ends in Frederick County, Virginia.

But it's clearly shown on a map that the end of NextEra's MARL is simply the HANDOFF POINT. That's where their transmission line connects directly to FirstEnergy's transmission line.

We're all in this together, folks! Landowners and communities impacted by NextEra's MARL are in the same boat as landowners impacted by FirstEnergy's MARL. Neither one of these line sections can happen without the other. Kill one, kill them both.

Here's what the landowners impacted by NextEra's MARL are facing:

Landowners on FirstEnergy's portion are facing the tear down of an existing 138-kV transmission line, expansion of the existing easement at least 100 feet, and the building of a new 500kV line with a 138kV circuit on the same new towers.

Pay attention, people! It's coming! Although the most FirstEnergy has done is threaten to "survey" its existing easements on its part of this project, you should also know that they are working behind the scenes, much like NextEra, to schmooze KEY STAKEHOLDERS to accept the project before you even realize that they've decided on a route across your property. The announcement will come later, with Open Houses of our own. By that time, the route is set in stone. Be prepared to fight!

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Loudoun Pushes Data Center Burden Onto Neighboring States

8/21/2024

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Loudoun County, Virginia, has the largest concentration of data centers in the world. The world! It also has the nickname "Data Center Alley." Loudoun County has become gross with data centers, and continues building more. The data centers are Loudoun County's cash cow, providing a third of its annual budget. Loudoun County is also the wealthiest county in the nation. The entire nation! Loudoun County is home to the rich and, due to its proximity to Washington, D.C., the powerful as well. The rich and powerful thought nothing of Loudoun destroying its eastern regions, tossing them on the altar of the data center cash cow. After all, more data center tax revenue means less taxes for the rich and powerful in the western regions of Loudoun. Out of sight, out of mind! Living near nasty infrastructure was fine for the plebeians, as long as the benefits from hosting it flowed to the rich and powerful.

But then something happened... the data centers needed more resources than Loudoun County had. Now, normal people in that situation would begin building the resources needed to feed their cash cow, but that's not how things are done in Loudoun. Loudoun continued to build its data centers and expected the needed resources would come from neighboring states just like magic. Except importing those resources come with consequences, like new transmission extension cords. Perish the thought! Transmission lines are fine for those other states that still *gasp* burn coal to create electricity to power Loudoun's data centers, but they absolutely cannot happen in Loudoun! Loudoun is ruled by the rich and powerful, don't cha know, and they absolutely cannot be burdened with anything so ugly and gauche as an electric transmission line bringing power to their data centers.

So the rich and powerful grabbed their government servants by the scruff of their necks and demanded that the government make the bad stuff go away... or else!

The Loudoun County government and local elected officials began holding secret meetings with NextEra, other transmission companies, PJM, and Western Loudoun's Sacred Cows to find a way to push the transmission nasties out of Loudoun. After all, aren't those other states lesser trash cans in service of the rich and powerful in Loudoun? When other citizens who would be impacted by a transmission line re-route asked to be included in the meetings, they were purposely excluded. And wouldn't you know it... that's exactly where the MARL transmission line ended up... on the property of the landowners who tried to be included in the secret government meetings. Loudoun County met with and did the bidding of a handful of rich and powerful citizens to TAKE property from other citizens not as fortunate. Pepe' Le Pew tells me that kind of discrimination stinks to high heaven!

And so the MARL transmission line got pushed out of Loudoun County and over into Frederick and Montgomery Counties Maryland. Benefits for Loudoun, impacts for neighboring states.

The re-route will cost everyone in PJM an additional $167M to spare the sacred cows in Loudoun. Loudoun thought nothing of this, even though other towns who ask for transmission siting concessions are usually required to pay the difference.

I'm starting to understand why Loudoun is the wealthiest county in the U.S. -- it doesn't pay its own way. Loudoun County takes from neighboring states like a parasitic worm.

And now here they go again, with another transmission line that Loudoun County has demanded be buried for a short section that abuts another group of Sacred Cow homes. That's all fine and good, but the burial is going to cost an additional $423M, a project cost increase of 61%! Between these two transmission projects, saving Loudoun will cost electric consumers in other states more than half a billion dollars!

And who pays for that? Every last electric customer in the PJM region. Both of these projects that disturb Loudoun's delicate sensibilities are regional reliability projects that are charged 50% to all PJM consumers based on their load share ratio, and the other 50% is charged to the "users" of the project, which spreads to neighboring states like West Virginia, Pennsylvania, and Maryland. Virginia is only paying a portion of the cost of the new transmission extension cords to serve their data centers. Any increase in costs will come out of the pockets of everyone in the PJM region.

So, how does Loudoun County think the burial of transmission lines near Landsdowne should be paid for?

As for the excess cost, the County believes that a special customer class, made up of high-wattage customers, would be proper for the Commission to consider. The increase in electrical demand can be directly traced to the connection of an identifiable class of such high-wattage users to the grid. It is in the public interest for the Commission to shift the cost of undergrounding some of these lines to the high-wattage customers creating the demand for them.

Well, that's a low-information expert for ya... Buddy Rizer doesn't know diddly about utility rates. While Virginia *could* create a new rate class, it absolutely will not do so within this docket. Asking for something like that is outside the bounds of this proceeding. Therefore, Loudoun is not providing any way to pay for the excess cost. And, even if Virginia created a new data center customer class to charge its share of the transmission extension cords to the data centers it hosts, that doesn't do a damned thing for the ratepayers in other states, who don't have any data centers (or data center classes) to charge their share of the excess cost of burying lines in Loudoun County in order to spare Loudoun any impacts. It's another selfish suggestion on the part of Loudoun County. And where was Loudoun County when we were arguing at FERC about whether Virginia's data centers should pick up the entire $5B cost of the Window 3 projects meant to serve them? Nowhere. It doesn't want to pay for the projects it has caused. It just wants all the benefits without any of the impacts.

It's all over Buddy Rizer's testimony. And for the rest of us who don't benefit from Loudoun's data centers, or keeping Loudoun free from invasive transmission projects, it's positively revolting!

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The citizens of Loudoun County are expressing significant concern about the impact that further above-ground transmission lines will have on their community. With hundreds of miles of these lines already crisscrossing the County, citizens are hoping for a thoughtful approach to future development. Numerous comments from the community reflect a growing movement to explore alternatives to traditional transmission lines. Organizations such as the Lansdowne Conservancy, Waterford Foundation, Loudoun Transmission Line Alliance, and Piedmont Environmental Council have organized public meetings to oppose these proposals, driven by a strong desire to prevent overhead transmission lines from dominating the landscape and causing irreparable harm to historic, economic, and natural resources in Loudoun. The community opposition was key in PJM’s decision to approve an alternate route for delivery.
WHAT MEASURES CAN BE TAKEN TO PROTECT LOUDOUN COUNTY’S SCENIC ASSETS FROM THE IMPACT OF HIGH-VOLTAGE POWER LINES?
Where appropriate and feasible, undergrounding may provide a reliable and long- lasting energy transmission solution that is less prone to outages with minimal disruption to the look and feel of the community at large. This approach will preserve the landscape for current and future residents and maintain the history and beauty of the County. Additionally, it supports a reliable and sustainable path forward as Virginia works to meet its energy production and transmission goals. By placing power lines underground, impact to scenic assets can be minimized while ensuring a resilient and efficient power infrastructure.

Don't get me wrong... I don't believe anybody should be impacted by transmission lines. And that's the difference between me and Loudoun County... Loudoun County seems to think that only its special residents should be free from the impacts of its data center extension cords. Loudoun County is perfectly okay with impacts to landowners in West Virginia, Pennsylvania and Maryland. Loudoun County isn't advocating for its extension cords to be buried in those other states. Those people simply don't matter to Loudoun County, except when they pay the extra cost of keeping Loudoun transmission line free.

It's about time that Loudoun started shouldering its own data center burden. The data center transmission problem is completely of Loudoun County's making. It could end it in a hot minute by putting a moratorium on data centers. It could also solve it by building some new electric generators in Loudoun near the data centers. Why don't you do these things instead of taking from neighboring states to fill your own coffers, Loudoun County? Solve your own problem! Your neighbors are quite sick of your hubris. Here's a little advice from one of your favorite people!

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How PJM and FERC Caused Huge Spikes in Regional Power Bills and New Transmission

8/9/2024

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PJM's recent capacity auction resulted in huge price spikes in the cost of supplying power to electric customers in the PJM region for the 2025-2026 year. It was directly caused by the actions of PJM and FERC. These entities aren't protecting ratepayers, they are harming them! Let me explain...

PJM holds annual capacity auctions to secure the provision of electricity three years in advance. A capacity auction is not actual electricity, it is a promise from a generator to supply a certain amount of energy at a future point in time. This is how PJM ensures that it will have enough electricity supply available three years from the auction. PJM is paying these generators to be available to produce energy when needed during the auction year. PJM starts by announcing a certain amount of electricity is needed for the auction year. Generators submit bids of how much it will cost to be standing by to produce that electricity during the auction year. PJM stacks the bids by price, and each bid is represented by an amount of electricity and a price. PJM then looks at its bid stack and finds the place where the capacity need is met. Whatever the price of that bid is the clearing price for all the capacity bids lower in the stack. Those bids that go over the capacity price are not accepted. At the end of the auction, PJM has a stable of committed generators sure to provide the power when needed 3 years from the auction date.

PJM does not order generation. Generation is a market construct, where generators build when the capacity prices are profitable. If the clearing price at auction is high, it would entice the development of new generation. If the clearing price is low, many generators may not have enough revenue to continue to operate at a profit. This is how PJM manages generation to make sure there is always enough, but not too much. The auction serves as an important warning bell... when clearing prices are high, it means more generation needs to be built. The auction sends a signal to generators to build more when the prices are high. More generators lowers prices because there is more competition in the supply. But what happens when the prices are high at the auction and no new generators get built? That's exactly what just happened... there is a dearth of needed generation in PJM so prices shot through the roof to record highs.

The problem here began with PJM making a proposal to change the parameters of its auction. In order to do so, it needed FERC's permission. A battle broke out at FERC, with many other parties objecting to the auction changes. FERC moves at a snail's pace and can take years to make a decision on a request. The more parties to a case, the longer it takes to resolve it.

Because of the battle going on at FERC, the auctions got put on hold. As Power magazine says,

BRA auctions are usually held three years in advance of the delivery year. While the 2025/2026 auction was originally scheduled to be held in May 2022, it was suspended while the Federal Energy Regulatory Commission (FERC) considered the approval of new capacity market rules. The recent July 2024 auction stems from a compressed schedule that aims to return to the three-year forward basis. According to PJM, the next BRA—for the 2026/2027 delivery year—is scheduled for December 2024.

FERC suspended PJM's capacity auctions while it resolved the issue. That's like turning off the warning system. PJM's annual capacity auction couldn't send the market signal to build new generation because it wasn't being held.

During this time, an extreme change in the power needs of the PJM region was underway. Many baseload fossil fuel generators closed, either the result of the last auction's low capacity prices, or because they were "dirty" and no longer socially acceptable. The new generation that entered the market could not keep up with the amount of generation that was closing. As a result, we had less generation available. Also during this time, the building of new data centers and increasing power demands for AI shot through the roof. No new generation to supply power for these data centers was proposed or built because PJM's auction warning bell was not sounding due to the auctions being suspended.

PJM used the only tool it had available to meet regional need... transmission. PJM conducted a competitive transmission window to connect the remaining generators with the new data center load. Unfortunately, the majority of the available generators are located in WV and PA, and the data center load is in Northern Virginia. PJM asked for new transmission to connect the two, and it ended up with a whole bunch of new projects, including MARL and MPRP. PJM says they are "needed" to supply power to the data centers because no new generation has been built anywhere near the data centers.

Now that FERC has finally resolved the issue and PJM has its new market parameters, PJM recently began holding auctions again. The first new auction for the 2025-2026 year was held just 10 months before the auction year begins, instead of 3 years in advance. There's no way new generators can be built in 10 months, even if the prices are generous enough to support them economically. That's why the auction is always held 3 years in advance, in order to give time for new generation to be built to reduce auction prices.

Instead, we're looking at a transmission bandaid to keep the existing generation flowing to the places that need it. And PJM has opened another transmission planning window to add another 4,500MW of generation imports to Northern Virginia because there is no generation currently proposed to fill that need.

Eventually, if PJM's market signal works as intended, new generation will be built near the load. However, certain states like Virginia and Maryland have passed laws that prevent the building of new fossil fuel generation. That leaves only the nuclear option to supply the outrageous amount of power needed by the data centers. Can you imagine how long it would take to build a new nuclear plant in Northern Virginia? It would be completed on the 12th of Never. Meanwhile, transmission is the only viable option.

PJM's market system didn't work to get generation built in time to meet new need because PJM and FERC had turned it off and were asleep at the switch. Now we have a disaster of epic proportions on our hands.

What's going to happen first? The construction of hotly opposed transmission projects, or the building of new generation? And where will that generation be built? Continuing to build in PA and WV only perpetuates the transmission problem. We need new generation at load. It's probably cheaper than billions of dollars of new transmission, but it takes a willingness to sacrifice for its own benefit on the part of the data center loving states.

New generation is coming to market... and how much of it will obviate the need for new transmission? That's an unknown at this point, but it's going to happen. PJM's transmission project needs will change and fall apart. Let's hold the line, folks! This battle is far from over!

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<<Previous

Stand Up For West Virginia at FERC!

And YOU Get a Substation, and YOU Get a Substation, and...

FirstEnergy Transmission Open House

West Virginians Could Pay More than $440M for New Transmission Lines

Checking NextEra's Math

West Virginia Public Service Commission Passes the Buck

Letting the Cat Out of the Bag

Landowners Come Last

Loudoun Pushes Data Center Burden Onto Neighboring States

How PJM and FERC Caused Huge Spikes in Regional Power Bills and New Transmission

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