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When Will FERC Start Protecting Ratepayers?

1/7/2022

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Once upon a time, I likened a group of lawyers within FERC to wild west cowboys.
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Bunch of guys who are more interested in waving their gun around than they are in justice or the best interests of the ratepayers they are paid to defend.  As time has wound forward from that blog post, I've seen a lot more of that side of FERC's litigation team, and it's not a flattering picture.  Are certain FERC employees, or perhaps entire little teams within specialized offices, more interested in winning than they are in justice for ratepayers?  At what point do a bunch of government functionaries get so power drunk that they think they're swaggering down Main Street in Deadwood?

Here.

Or perhaps here.

In the first example, FERC tries to excuse the misbehavior of its employees as not material to its pursuit of the estate of a man it accused of market manipulation.  Accused manipulator Andrew Kittel jumped off a bridge rather than face these guys.
In the second example, the pursued have thankfully stayed off bridges, but have been dogged by FERC for more than a decade now.  And still Powhatan has not had its day in court.

FERC's cowboys are quick to pounce and eager to hound any accused manipulator into a settlement rather than face FERC in court.  Sometimes their bullying works.  And sometimes it doesn't.  But how far will they go just to win, and why are energy market outsiders, like traders, always the targets?  Allowing the supposed "manipulation" to go on until stunning amounts of supposedly illegal cash are obtained, which nobody can ever repay, seems as bad as the manipulation itself.

Why are the PJM and Market Monitor guys excused for allowing GreenHat to get so overextended?  I think they share just as much blame for allowing it to happen in the first place.  In an ideal world, someone who begins to overstep gets a stern talking-to and falls back into line before much damage is done.  But when the traders are smarter than the "authority" who is supposed to keep them in line, do these "authorities" save face by shifting all blame to the trader who supposedly manipulated the markets, in order to cover up the authority's own stupidity?  Wouldn't ratepayers be better served if the authority stepped in immediately when the supposed illegal trading began and put a stop to it?  If that happened, these ridiculously unenforceable  disgorgement amounts would never accumulate in the first place.  And nobody would have to step off a bridge.  When something like that happens, it's time to take a step back and reevaluate your job performance.  And maybe your personal ethics as well.

The problem in Deadwood is that one of FERC's decisional employees sent some case law to one of the attorneys for use in the GreenHat case.  It was sent to his personal email, not his FERC email.  The attorney was instructed to keep the origin of the cases a secret.  Sounds like decisional manipulation to me!  Where's the cowboy for that?  The idea was that if the attorney used those cases he had received by email in his briefs, he might win the case.  This is the same as a judge emailing helpful case law to a litigant before him.  You can't do that!!!

The Estate of Andrew Kittell had asked FERC to end its pursuit because its hands were not clean.  Once you find out FERC's ethics are in the toilet, how could they ever be trusted again?  Hasn't the Kittell family suffered enough already?  Is FERC really the hero in this situation?  The GreenHat charges have long since filtered down to the electric bills of regular consumers and been absorbed.  In whose pockets would any money they manage to shake out of Kittell's widow end up?  Who's going to ensure it ends up in consumer pockets, and not on investor owned utility balance sheets?  Of course, FERC denied the request.  No sympathy for widows and children when there's some swaggering to be done in Deadwood.

The Powhatan guys have apparently been watching the GreenHat spectacle.  Powhatan recently asked to see if these same two FERC cowboys might have also been discussing their case on their personal email accounts.  It all gets explained in this motion.  FERC claimed that there was nothing to see there.  It allowed the cowboys to search their own emails, redact whatever suited them, and pass on a few meaningless documents.  If these guys were doing something shady, do you think they would willingly release it?  Clean hands, you know.  They did do something shady in a similar case.  Powhatan has asked for a court order to obtain basic email data from the private email accounts.  FERC objects.  If they weren't doing anything wrong, why would they object so much?

Meanwhile, Powhatan's day in court could actually be approaching this year, once all the process has played out to create the evidentiary record for the court.  A dozen years of their lives overshadowed by this relentless hounding that they'll never get back.  I imagine by now any allegedly ill-gotten goods have long since been spent on lawyers.  What good is a judgment to pay FERC if the defendants don't actually have the money?  It could be nothing more than a notch on some FERC cowboy's gun belt.  Yee-haw!  Another life destroyed!  It's why I come to work each day! 

When is FERC going to start putting the ratepayers it exists to serve first?  I'm not feeling particularly protected right now.  And how can any cowboy feel good about himself if he knows his victory was obtained using illegal means?  If you want to win so badly that you're willing to lie and cheat, perhaps this isn't the job for you.

Kudos to Powhatan for standing up to FERC's bullying.  Although federal agencies are eternal, they have no soul.
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Reaching into History

1/5/2022

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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.
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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:
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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!
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It's All About the Adjectives

12/20/2021

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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.
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Undergrounding Transmission Is The Only Option

12/17/2021

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West Coast utility PG&E recently announced plans to underground 10,000 miles of its electric transmission lines.
PG&E will unveil plans in February to bury about 10,000 miles of electric power lines across California in a bid to curb wildfire risks in the scarred North Bay region, the utility giant’s chief executive told The Press Democrat Monday.
Patti Poppe said the San Francisco-based company will build upon the efforts of burying almost 100 miles of electric distribution lines by year’s end. That includes 4 miles within Rincon Valley that now allows 11,000 customers to avoid preventive power outages during wildfire season. Projects in other North Bay counties haven’t yet been identified.
“Even 100 miles makes a difference. You know 200, 300, 500, 1,000 miles makes a huge difference in our highest-risk areas,” Poppe said. “We are getting great feedback on our ability to do it at an affordable cost for customers, which a lot of people doubted at first.”

Underground transmission lines don't start fires.  What's it worth to put a stop to the continuing wildfires caused by electric transmission?  Burying the lines will be expensive, but not burying the lines will be even more expensive, and could cause a loss of life.

The Tennessee Valley Authority, a federal power marketer, said that at least 100 electric transmission towers were damaged by recent tornadoes. 
According to the TVA, at least 100 transmission towers and poles were damaged and destroyed; with 29 TVA transmission lines knocked out of service. More than 20 customer connection points – where the TVA power system meets with local power companies – went offline leaving more than 250,000 customers without power amid and after the storms.
Repairing these lines to get power flowing again is going to be time-consuming, difficult, and expensive.  Perhaps the money would be better spent undergrounding transmission lines, but that would take way too long at this point.  TVA will repair what it already has and then hope it doesn't happen again.  But it probably will.

Missouri Governor Mike Parsons has applied for federal disaster relief to repair "extensive damage to power delivery systems" after recent tornadoes hit the state.
The Missouri State Emergency Management Agency (SEMA) found the heaviest damage to electric cooperatives infrastructure occurred in the bootheel counties of Dunklin and Pemiscot, where more than 20 large transmission towers and lines were destroyed or heavily damaged. 

Utility crews have rerouted power from other sources until a permanent repair can be made. At its peak, more than 30,000 people were without power.

More than 20 large transmission towers were destroyed or heavily damaged.  Repairs will be lengthy and expensive.  And then Missouri waits until the next weather event takes down the same towers again.

Don't you think it's time to begin undergrounding new transmission lines?  Making electric transmission ambivalent to weather events would be a HUGE step towards ensuring increased reliability.

Maybe Parsons can start by ordering bargain basement utility wannabe Invenergy to find a route to construct its Grain Belt Express underground on existing rights of way?  That would be a huge first step and a truly innovative solution.

Weather is going to happen.  But we don't have to have massive electric failure every time it does.
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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

New Transmission Will Enable More Fossil Fuels

11/12/2021

1 Comment

 
Well, this might knock the "clean" wind out of some environmental group sails.  What if all this new transmission "for renewables" actually enables more fossil fueled electricity production?

On their best day, these clean energy advocates aren't as smart as the fossil fuel industry is on their worst day.  No matter all the new policies and rules developed to give a leg up to new renewable energy production, the fossil fuel industry will develop ways around them.

Maybe the environmental advocates should reconsider their love of big transmission after reading this opinion piece?
If natural gas pipelines are difficult to permit and build, and if the federal regulatory process has a durable bias for transmission, and if gas-fired generation will be a necessity especially as nuclear power plants and coal-fired generation retire at alarming rates, it seems reasonable to assume that eventually, companies are just going to start building power plants at natural gas wellheads and hooking up to the grid from those sites.
To assume otherwise is to assume that the people who run energy companies are incapable of second-order thought. It also requires one to assume that traditional fuels, which made up around 80% of primary energy use in 1970, 1995, and last year, will vanish in the next few years.
Clearly, both assumptions are likely to be wrong. So, it seems likely that we are heading towards a world of — throwback warning — gas by wire.
The lesson for this and pretty much everything in life? Be careful what you wish for.

1 Comment

Who's The D*ck Now, John Oliver?

11/12/2021

1 Comment

 
Back at ya, John Oliver (and Rob Gramlich).  The Pennsylvania farmer whose video comments you edited to make him "sound like a d*ck" on national TV simply doesn't care.  This definitively makes John Oliver and "information provider" Rob Gramlich look like the true d*cks.  You two attacked a man who wasn't bothering you in the least and called him a d*ck on national TV, which was the real d*ck move in this continuing story.

The York Daily Record, a newspaper from maligned farmer Tim Jordan's area, published a story on the d*ckish event recently.  And guess what?  Tim Jordan simply doesn't care.
“I heard he called me a ‘dick’ on national TV,” Jordan said. “I’m a farmer, and I have too many things to do than chase down some guy who called me a ‘dick’ on television.” 
What's Jordan doing these days?
He doesn’t watch comedian John Oliver’s “Last Week Tonight” regularly, and right now he doesn’t have time to watch it, working from dawn to dusk these days harvesting the crops on his family’s farm near Airville in southern York County.
Gosh, that's exactly the same thing Tim was doing in 2017 when Heritage Unprotected was filmed.  He's probably even wearing the same sunglasses that tweaked a bunch of liberal keyboard warriors.

And he simply doesn't care.  He's got work to do.

It's a real shame that the insults of John and Rob, and those of their little sycophants who commented on the show's YouTube channel, failed to produce anything of substance.  Nobody is intimidated.  In fact, Tim would probably oppose another transmission project routed through his farm for the exact same reasons.  No other farmer or rural landowner has been shamed into accepting transmission lines across their land, either.  The opposition will continue, despite the insults hurled and the dirty games played by these arrogant d*cks.

I'm calling this one for Tim Jordan.  He showed more class than the best of his critics.  Carry on, Tim!
1 Comment

Arrogant TV Host Says Landowners "Sound like D*cks"

11/9/2021

3 Comments

 
We all know that the media is uninformed about transmission, and that they carry the water for "clean energy" companies and progressive politics.  The whole "green is good" thing has been slowly changing our thinking for decades through the use of propaganda.  Most people don't even think about it anymore, they simply accept it and believe that "green" can do no wrong.  Except, what happens when some pundit pretends to take a deep dive into "our power grid" but ends up spewing misinformation and ad hominem attacks?

It's not like it's mainstream news, however it was broadcast on HBO.  Millions of people saw it.  And it's complete and utter crap.

Last Week Tonight with John Oliver did a story about "the power grid" on Sunday.  I didn't watch it.  I don't watch HBO.  But, someone who did tipped me off about it.  I found a video of the show on YouTube.  Here it is.

*Warning*  Extremely salty language and jokes.  If you're going to be offended, perhaps you should skip it.
Before I get into the really offensive part of this stupid propaganda, let's briefly go over the points he got wrong.
  1. He included generators as part of "our power grid."  And then he went on about Texageddon and blamed it on transmission.  Fact:  It wasn't transmission that failed, but generators.  The generators went out of service because they froze.  They froze because they were not adequately winterized.  They were not adequately winterized because Texas stupidly thought paying generators that were winterized more when they could produce would encourage generators to winterize.  That did not happen.  Generators are greedy, they didn't want to spend the money now in exchange for a hot pay day sometime in the future.  Perhaps.
  2. No real recognition of the difference between the transmission system and the distribution system.  Showed distribution lines when talking about transmission.  Failed to mention that 99% of the power failures we experience are due to a fault on the distribution system.  Failed to recognize that building more transmission takes money away from the distribution system, causing even more failures.  Here's a fact he's completely oblivious to:  Investor Owned Utilities build transmission because it's more profitable due to incentives and increased return on investment.  IOUs use stated rates for distribution companies.  That means that the utility gets a set amount of money every year based on a snapshot of costs when the rate is set.    How the utility uses that money is up to the utility.  Nobody checks to see that the money goes to the places stated in the original rate case.  So since a utility can use the rate money it receives any way it likes, utilities are constantly cutting their Operations and Maintenance budgets so they can use that money elsewhere... say for executive bonuses, or shareholder dividends.  Listen to any IOU earnings call to hear how the utility is cutting O&M.  When the utility cuts O&M, maintenance doesn't happen, and then distribution lines fail.  I actually listened to a lineman at a public hearing one time describe how the utility will ignore the proactive replacement of failing parts, until they fail completely.  They do this because maintenance is only paid for dollar for dollar.  Replacement is a capital expense for which the utility earns a return.
  3. Our grid is not failing.  It is constantly planned and updated to serve strict reliability standards.
  4. Climate change is not causing our grid to fail, it's the lack of maintenance and desire to build new transmission because it's more profitable (see 2 above).
  5. Our forests are a tinderbox because new environmental regulations over the years have prevented effective forest management to prevent wildfire.  Also, right-of-way maintenance is often skipped (see 2 above).  This is what creates the tinderbox.
  6. He glosses over microgrids and distributed generation "because he doesn't have time."  Actually, it seems more like it didn't fit his narrative.
  7. His presumption that wind and solar is only in the middle of the country is wrong.  Renewable energy is everywhere.  What must be considered is the strength of local renewables vs. the strength of remote renewables, and then add in the cost and environmental destruction caused by new transmission to move the remote renewables.  He leaves that part out of his equation.  We don't "need" a massive new grid for renewables.  Renewables are a want, not a need.  The lights are on.  Generation source is a choice, not a need.
  8. Not all people who live near renewable generators love them.  In fact, most people unlucky enough to live and work in these industrial energy facilities hate them.  "Fwoom, fwoom, fwoom."  The constant noise, shadow flicker, and health effects make many of these folks leave their homes.  Look it up, John, you pretentious ass.
  9. You can bury new transmission lines.  That fact seems to have completely escaped him.  Maybe he doesn't know?  See SOO Green Renewable Rail, John.  It's the future.
  10. Decorative transmission towers are old.  Like really old.  That was a stupid idea that never really took off.  Miss Beautility failed.  See here.  Why are you even talking about this?
  11. "Fewer than one quarter of solar and wind projects are actually built" is a fact based on artificially inflated interconnection queues.  Generation companies propose more projects than they intend to actually build and then enter them in regional interconnection queues hoping to find the sweet spot where connection costs are minimal.  They never intended to build them all.
  12. Pat Hoffman is spinning.  It's all about how you define "benefit."  It's not that power is actually getting cheaper due to renewables and new transmission.  It's that the industry is inventing new "benefits" to increase the cost/benefit equation in their own favor.  A Fire Department is not making a profit on the fire station it builds, but generators and transmission companies are making an enormous, double-digit profit on the infrastructure they build.  That's where that discussion was going, but you couldn't actually shut up and listen yourself.
  13. Building an enormous amount of renewable generators and transmission lines won't stop climate change.  We've gotten where we are today through a very gradual process.  Building a transmission line today won't stop your grandchildren from being showered with hot, burning magma.  Any climate change happens gradually and I'm actually not sure we *can* stop it at this point.  But, some folks are getting rich, very, very rich, by pretending that they can save us, after they scare us silly about lava showers.
  14. John doesn't even mention eminent domain.  "We" need compromise and flexibility?  Where are you compromising, John?  I don't see it.  What you really mean is that landowners who don't want new transmission or "fwoom, fwoom, fwoom" in their back yard need to "compromise" and accept it.  Do you know how arrogant and dismissive that sounds?  Probably not.  Suggesting that we can "ease concerns" of landowners by compensating them fairly is another antique idea that has never worked.  Where have you been, John?  Obviously not paying attention to this issue.  Here's what landowners want -- not to have this crap causing a burden.  Existing lines could be re-built and repurposed and made more efficient.  New lines could be buried on existing rights-of-way.  Energy could be produced close to load.  Energy efficiency is a thing, almost as old as the rest of John's brilliant ideas.
  15. The recently passed infrastructure bill won't help us.  It will only fill the pockets of huge energy conglomerates building a bunch of stuff we don't want or need.  Did John read the bill?  Obviously not.  The bill contains two important provisions regarding transmission.  The first will allow the Federal Energy Regulatory Commission to usurp state authority to site and permit transmission when the project is sited in a DOE-designated transmission corridor.  There's more to it, but I think his attention span must be the size of a slug's so I'll leave it there.  The second allows Pat and the DOE to buy up to 50% of a merchant transmission line's capacity, in the event that nobody else wants to buy it.  Pat isn't going to use the transmission capacity, she's just going to pay for it using our tax dollars.  The idea is that these payments for nothing will allow merchant companies to build more transmission roads to nowhere that have no customers.  It's handing our hard-earned tax dollars to private companies for absolutely no product or service whatsoever.
Now let's get to the most offensive part of this whole video.  John attacks one grassroots transmission group and says they are maddening and "sound like d*cks".  He also criticizes the landowner's attire, as if that ad hominem attack could make his point?  He selectively edits the video he appropriated to make it appear that the landowner made a stupid point that serves John's narrative that these people are selfish d*cks.

The opposition group he attacked is the Stop Transource folks from the eastern part of the route.  The video he appropriated is this one:
John focuses on one particular landowner who was obviously involved in harvest.  He wasn't dressed in a fancy suit for the job.  He was working hard to harvest the food John puts in his sh*tty casseroles.  The crack about what he was wearing was arrogant and stupid.  Compare John's video story at 16:16 to the actual footage at 36:49 on the Heritage Unprotected video.  At 16:34, John edited out something that causes a jump in the video.  What was edited out was this:
I'm sorry they have to fire another generator up to get the current that they need and it's going to cost them a little extra money."
That part didn't fit John's narrative that landowners are selfish d*cks, so he edited it out.  That part actually proved that the selfish d*cks are the folks in the city who want cheap fossil-fueled power from Pennsylvania because it's cheaper than running their own "clean" generators.

These people do not deserve this smear job from the very pretentious John Oliver, yukking it up at someone else's expense while filling his pie hole with the food they work so hard to produce.

These people are actually RIGHT.  It seems that John didn't bother to compare the video to the present day state of the Transource transmission project.  Maryland regulators required Transource to cancel this part of the project and simply add new wires to existing transmission towers.  If he had bothered to watch the whole video, he might have noticed that this idea was mentioned by landowners.  Turns out they were right all along.  They did not have to compromise or be flexible.  Transource did.  Also, the Pennsylvania Public Utility Commission denied the project because it would increase electric rates in Pennsylvania, instead of lowering them for Washington, D.C. and Baltimore.  Turns out that the transmission congestion that was the basis for this project had managed to evaporate on its own.  There was no economic, market efficiency, need for this project after all.  The landowners were right about that, too.

Seems like John should apologize to the folks he maligned.  But, guess what?  A show that exists to spew propaganda and malign folks for a few laughs doesn't actually have a place where the viewers can send their comments.  Information is a one-way street at Last Week With John Oliver.  HBO doesn't care what you think, or if you were offended.

Too bad, really.  John is quite funny, but this story has revealed that his topics are nothing more than created propaganda.  Nothing actually funny about that.

I hope a pigeon poops on his head.
3 Comments

Wakey, Wakey, Little NIMBYs

11/6/2021

1 Comment

 
And I don't mean transmission opponents.  They've been awake forever.  They never sleep.  I'm talking about the "clean energy" cheerleaders who love new transmission "for clean energy" simply because it is NOT IN MY BACK YARD.  We know that these people would feel differently if it were.  Case in point -- Howard Learner and the Environmental Law and Policy Center, who thought "clean line" transmission in someone else's back yard was a fabulous idea... until one of the lines got proposed for his back yard.  Howard has since woken up and doesn't think this is a such a great idea anymore.  Woke Howard has gone on to do great things, such as the recent injunction to stop construction of the Cardinal-Hickory Creek transmission line in Wisconsin.  Way to go, Howard!

The powers that be and the mainstream media have just woken up to the fact that transmission opponents have the upper hand over new energy policy designed to build more "clean" transmission because every community targeted with a new overhead transmission line on new rights-of-way will oppose the project.  Every.Last.One.  And, as this article points out, opposition methods are getting really creative and... *gasp* transmission opposition is winning!

As this country stupidly plows ahead trying to construct enough new transmission to "circle the Earth about 10 times" it's going to wake a whole bunch more people by dropping a transmission line in the places they hold dear.  Mass will slowly build until trillions of dollars are wasted trying to build projects that are ultimately stopped by their opponents.  Is this really the path forward?

One company is proposing new "clean" transmission that will be buried on existing rights-of-way for its entire length.  This project has not attracted the expensive, time-consuming opposition that kills projects.  Its effect on landowners would be short and minimal.  Landowners have been offered the equivalent of "good neighbor" payments to accept the project.  And for the vast majority, that's good enough.  It does not obstruct the use of their land, and it doesn't create a perpetual visual burden.

Other projects that don't cause project-killing opposition include rebuilds of transmission on existing rights-of-way, even when above ground.  Simply changing out one existing transmission line for another doesn't bother people as much as a new right-of-way across their property.

What if we designed new transmission to modern standards so that it did not bother landowners and incite opposition?  We'd save a lot of money, for starters.  Although the buried on existing rights-of-way transmission can be more expensive at the outset, it quickly balances out because it does not require hugely expensive outlays to fight opposition.  For instance, the Maine referendum that finally woke up Forbes cost nearly $100M, and the project still faces additional costs to continue to try to fight off the opposition that has killed it.  It is likely to be cancelled anyhow, and at great expense.  Stupid, stupid, stupid!  We would also save time because buried transmission doesn't face delays caused by opposition. 

It's time to hit pause on this idiotic idea to pass new laws meant to thwart opposition to new transmission.  The new laws won't work.  Not by any stretch.  Opposition will just find new ways to kill transmission projects that they don't want.  Giving up is never an option for transmission opposition.  The battle just gets more creative.

Big government can never silence the people, no matter how hard it tries.  We always win.  Deal with it, little NIMBYs.
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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