StopPATH WV
  • News
  • StopPATH WV Blog
  • FAQ
  • Events
  • Fundraisers
  • Make a Donation
  • Landowner Resources
  • About PATH
  • Get Involved
  • Commercials
  • Links
  • About Us
  • Contact

Get Your GBE EIS Comments In!

2/25/2023

1 Comment

 
Picture
Time is drawing short for the public (that's you!) to let the U.S. Department of Energy know what it should study in its upcoming Environmental Impact Statement for the Grain Belt Express.

After a decade of not being able to find customers for its merchant transmission project, Grain Belt Express has turned to the federal government to provide a loan guarantee for up to 80% of the cost of its transmission line project across Kansas, Missouri and Illinois.  A loan guarantee is just like co-signing on someone else's lease or car loan... you are responsible for payment if the primary borrower defaults.  So whether the federal government actually loans GBE the money, or simply co-signs on a bank loan, the U.S. taxpayers are going to be holding all the risk that GBE won't be able to find enough customers to repay the money it cost to build the project.  It's no risk and all reward for GBE owner Invenergy, meanwhile the project is poised to cause enormous environmental and social destruction across three states.

In this phase, known as "Scoping", the public should let DOE know what it should study and why.  If you think there is an impact GBE will cause, let them know.  This is your only opportunity to help mold the study parameters.  You can't decide later that GBE will destroy an historic site on its route and demand it be studied.  The next phase will be a draft study where you may comment on the conclusions reached on the study parameters.  At that point it's not about what should be studied, but how it was studied.

Here's where you should submit your comments.  There are numerous ways to do so, from emailing a copy of written comments, to calling up and leaving a verbal comment.

Yesterday, I submitted my written comments.  I hope you will send in yours before the deadline on Feb. 28.
final_gbe_eis_comments.pdf
File Size: 284 kb
File Type: pdf
Download File

1 Comment

Can Our Government Bribe Transmission Into Existence?

2/25/2023

1 Comment

 
There's still time to let your government know that even $760M of your hard earned dollars cannot buy a speedy path for new transmission rights of way across your property.  You can submit your comments by following the instructions here.
Picture
The baboons in Congress heard a lobbyist whisper that throwing money at a problem could solve it, and that the reason why transmission wasn't getting built is because state regulatory processes were slowing things down.  The lobbyists also told their pet apes that landowners affected by new transmission who form opposition that slows down and cancels transmission proposals can be bought off with "economic development" projects that compensate someone else without any skin in the game.  Of course, the primates didn't bother to actually consult with state regulators or transmission opponents to see if any of this was remotely true.  Congress simply appropriated a stunning $760M to throw at this problem in the inaptly named "Inflation Reduction Act."  Does spending more money on useless ideas actually reduce inflation?  Hasn't happened yet.

Now the U.S. Department of Energy wants to know our thoughts on how they should give away all this money as "grants" to "siting authorities" to make transmission permitting happen faster and easier.

I told them what I think.
doe_transmission_bribes.pdf
File Size: 135 kb
File Type: pdf
Download File

Let me sum it up for you: 
Those who are actually affected by a covered transmission project will not stop opposing and delaying that project because the federal government bought fake support from unaffected groups or individuals. Purchased fake support does not fool regulators. It doesn’t fool anyone in the community, either. It will only fool the fools in D.C. who purchase it.
What an incredible waste of our money!
1 Comment

...Said No Landowner EVER

2/25/2023

0 Comments

 
Picture
“There’s a heightened awareness of the need for transmission,” Skelly said. “Even when you talk to a landowner and you tell them what you’re doing, they go, ‘Yeah, the grid; we got to fix that grid. We’ve got to make that grid better.’
Ahh... a new generation of ridiculous quotes from Michael Skelly.  I'm not sure what planet these landowners live on, but it's not planet Earth.  No landowner facing the loss of his property for one of Skelly's brain fart projects has ever expressed to me that they were worried about "that grid."  You don't think that he's making it up, do you?

In a recent article in industry trade publication RTO Insider, Skelly shares his fabulistic insights as he embarks on a new crusade to build a bunch of transmission that we don't want or need.... even though he didn't "win the World Cup of transmission" the last time he tried to do this.

Looks like the Cup is just as far out of reach as it ever was.  Last week, the Public Utility Commission of Texas issued a preliminary order that it did not have the authority to issue a partial certificate for Skelly's new Pecos West transmission idea.  Skelly had asked PUCT to issue a finding
"that the public convenience and necessity requires, or will require, the proposed interconnection and that the proposed interconnection is in the public interest."  PUCT Commissioner Jimmy Glotfelty (yes, THAT Jimmy Glotfelty) said he was really sorry he couldn't approve it.  I'm sure he was.  He may have just out-Skellied Skelly with that statement.

Remember when Clean Line asked Iowa and Illinois for similar findings at the beginning of the Rock Island Clean Line debacle?  He was also turned down there.  Turns out no state regulator may be interested in issuing a "Get your project preapproved" card.  But that never stops Skelly from dreaming big unicorn dreams and tilting at windmills.

He's only just begun.


0 Comments

Grain Belt Express Has No Approved Rate...

2/8/2023

1 Comment

 
...and other fairy tales from Invenergy's clueless Vice President of Transmission.  Why does he talk so much?

I watched this a couple weeks ago.
It's a virtual "public meeting" on the Grain Belt Express Environmental Impact Statement required by the U.S. Department of Energy in order to evaluate Invenergy's application for a taxpayer loan to build its project that doesn't have enough customers to be economic.

Since it's inception, Grain Belt Express has been proposed as a merchant transmission project.  That means that it has not been approved or ordered by regional grid planners who allocate the costs of their projects among captive ratepayers that use the project.  A merchant project is an extraneous transmission proposal for which there is no actual demand or need but that its owners want to risk their own cash to build it in the hope that it will attract voluntary customers who find it useful.

There are two distinct transmission rate schemes:
  1. Regionally planned and cost allocated to captive ratepayers and paid for in their electric bill.
  2. Merchant projects with Negotiated Rate Authority granted by FERC that sign contracts with voluntary wholesale customers that pay a contracted rate to use the project.
There is no third rate scheme, just those two.  Anything else is a privately owned and operated line that is not offered for public use and its owners pay for the project themselves.  No public use, no public utility, no eminent domain, no rate, remember that.

So what happened when Brad from Invenergy got a question asking to explain merchant transmission and whether or not Grain Belt Express was a merchant project at 1:09:30 of the above video? 
Grain Belt Express is exploring various different ways for the energy to be transmitted across the lines that we're proposing to build here.  It's not finalized.
What?  Grain Belt Express no longer considers itself a merchant transmission project?  Grain Belt has been "finalized" as a merchant for years, and its state approvals are premised upon it being a merchant project offered for public use at Negotiated Rates.  As a matter of fact, FERC approved Negotiated Rate Authority for Grain Belt way back in 2014.  But now, all of a sudden, its rate is no longer certain.  So what are the other options?

Regionally approved and cost allocated?  This is never going to happen.  The regional transmission organization carefully plans the system it needs and then approves and orders it to be built.  It doesn't go around searching for merchant transmission projects to allocate to ratepayers, especially ones that cost over $7B.

The only other option is a privately-owned line that is not offered to the public and does not charge a rate.  End of story.

Brad, who must have fallen asleep in rate class, says there are different ways to generate revenues for a transmission project.  One is a merchant project.  Another is where other entities could buy a "non-divided interest" (Brad means undivided interest) in the project and own a dedicated portion of it.  However, the second method does not generate revenue through a rate.  It has no regulated rate.  It's just an ownership sale.  In order to recognize revenue from a third party, that owner would have to have a rate.  What's the difference between GBE owned by Invenergy and not having a rate and GBE owned by other parties and not having a rate?  Absolutely nothing!  There is no revenue.  And without revenue, GBE would be unable to repay the taxpayer loan from the DOE. 

Is DOE really this stupid about electric rates that they are buying this nonsense? 

But let's move on... to the long and winding story of how an electron generated in SW Kansas ends up back in Kansas.  Around minute 52:00 of the video, Brad gets a question about whether the energy on GBE will also be delivered to customers in Kansas.  The simple answer here is "no", but Brad so enjoys the sound of his own voice (and those annoying sucking sounds he uses to punctuate his sentences) that a simple "no" won't do.  Brad goes on for a full 5 minutes trying to help those electrons generated in SW Kansas get back to Kansas.

He says GBE brings power to substations and "markets" in Missouri owned by MISO and AECI, who are "served" by it.  Sorry, Brad, but as we know the only power injected into the grid in Missouri would have to be contracted with a buyer and a seller.  If there is no contract to purchase it, then it goes nowhere. What's more, GBE is a transmission line, not an electric generator.   Brad says that since all alternating current substations are connected to the grid, they all get GBE power because it's like dumping a 2500 MW bucket of electricity into the grid swimming pool.  But that's not how GBE works... it is only "dumped" in the amount it is purchased.  GBE is not dumping buckets of free electricity into the electric grid.  It's all being sold to a particular customer, or in the case of GBE, one customer for less than 5% of its transfer capacity.  Brad thinks that after GBE dumps free electricity into the MISO swimming pool, utilities in Kansas are draining the pool because it's all connected and power automatically goes where its needed.  So, Brad, the electric grid is just one big free pool of electricity?  We don't pay for what we use?  Brad claims "they" say they are seeing a need for the power in these areas.  What areas?  Kansas?  If Kansas sees a need for this power, then it would use it when it's generated in Kansas, not ship it to Missouri and hope some energetic little atoms swim home.  It would make no sense for a Kansas utility to buy power from GBE because the only access point is in eastern Missouri.  As a direct current line from SW Kansas to Eastern Missouri, there are no entrances or exits from Grain Belt Express until it gets to the converter station in Missouri.

Brad must have been hysterical near the end because he suggested that if any utilities in Kansas are a member of MJMEUC (it stands for Missouri Joint Municipal Electric Utility Commission, Brad, but has recently been re-named the easier to remember Missouri Electric Commission, or MEC) that they would receive Kansas power from Grain Belt Express through Invenergy's contract with MEC.  Brad acted like he understood that the "M" in the acronym stood for Missouri.  Missouri, Brad, Missouri!  It's membership is MISSOURI municipalities, not Kansans.

Thankfully, Brad ran down after 5 minutes of blithering idiot babbling and sucking.  But then he asked Invenergy's engineer Aaron White if he could add to that.  Aaron looked quite amused.  He should have passed.  But no, he proceeds to tell actual lies.  Aaron said that GBE could reverse flow and deliver power from Illinois and points east to Missouri and SW Kansas during an emergency.  Except it can't.  Well, technically it could, but it really can't because GBE has no permission to withdraw energy from Illinois or Missouri.  GBE can't just reverse the suction on its pool hose and black out Illinois or Missouri on a whim.  Only the grid operator could do that, and guess what?  GBE has not applied to withdraw power in Missouri.  Not sure about Illinois, but I seriously doubt it.  Also, let's consider that GBE has contracted customers or other owners who have bought a certain amount of capacity on the line.  It is up to the owners to use or sell that capacity when they aren't using it.  If a city in Illinois signs an agreement to purchase power from a wind farm in Ford County Kansas and that power is delivered on a dedicated portion of GBE, what would happen to that city in Illinois if GBE suddenly changed direction and started sucking electricity out of that city?  GBE won't control something it does not own.  Aaron is just a straight up liar.  GBE won't reverse direction unless it has withdrawal rights and the owners of its capacity resell it to someone else who wants to use it to ship power to Kansas.  Chances of that happening are slim to none.

I'm wondering with all this misinformation being belched out at "public meetings", what has the DOE Loans Program Office been told in private?  Are they being fed these lies, too?  Do they believe them?  LPO better sort this stuff out before loaning these liars my tax money.
1 Comment

Bill Gates Comes Out Of The Closet

2/8/2023

3 Comments

 
Picture
No, not *that* closet.  The closet where he's been hiding while pretending he's not influencing what passes for U.S. energy policy using his enormous wealth and connections.  We've all seen Mr. Know-It-All pretending to be expert on every facet of American life and dictating how we all live over the years.  Bill Gates is a techno-geek, not a doctor, economist, nuclear scientist or electrical engineer.  He should stay in his lane, but he never does.

You may be amazed to know that while still in high school, Gates wrote software for the entity that controls the power grid in the Northwest, therefore that makes him an expert on transmission planning.  I kid you not.  I wonder if the people of the Northwest knew some kid still in high school was in charge of their electricity like that?  My fabulist fee-fees are tingling.

At any rate, Gates says that renewables need to be built in rural areas and connected to the cities with new transmission.  Remember that... renewables only happen in rural areas.  Gates says that the reason we haven't tripled the number of high voltage power lines in this country is because we don't properly plan, pay for or permit transmission and he knows how to fix that, just like he's fixed all society's other problems over the past 30 years or so.  Blah, blah, blah, it's a virtual firestorm of blisteringly hot air from the world's biggest expert on everything and nothing all at the same time.  What Gates says isn't important.

However, when I peeled the Bill Gates onion two years ago, some thought is was a crazy conspiracy theory.  Of course it was all true.  I did the research myself.  Bill Gates seems to have been sitting in the cat bird seat directing U.S. energy policy for the past 2 years.  All his crackpot ideas are manifesting, with idiotic busy work on Transmission Siting and Economic Development Grants, and an Environmental Justice and Equity in Infrastructure Permitting Roundtable.  Our federal government is so very busy trying to gin up a smokescreen of feel good so that landowners facing eminent domain for a "clean energy" project will just inhale deeply and go quietly.  Are they insane?

Landowners will still object to having their property involuntarily taken from them.  That's the part that even Bill Gates' money can't solve.

And should we even let Bill Gates and his globalist pals anywhere near our energy system?  Think about it.
3 Comments

Does Mayberry Relate?

2/4/2023

0 Comments

 
Picture
Have you been getting involved in the U.S. Department of Energy's Loan Program Office Environmental Impact Study of the Grain Belt Express?  Perhaps you'd like to get to know the guy in charge of denying or approving this loan.

The biased media wants you to meet:

The man in charge of how the US spends $400bn to shift away from fossil fuels
Go ahead.  Click the link.  He's laser-focused on working with affected communities.
John Podesta, senior adviser to Joe Biden on clean energy, said that the loans office is “essential to the effective implementation” of the administration’s goal to eliminate planet-heating emissions by 2050. “Jigar is laser-focused on working with all levels of government, project sponsors and affected communities to deliver on that mission and realize results for the American people,” Podesta said.
But did you see him at any of the meet and greet poster board shows across the Midwest this week?  Probably not.  He may not fit in.
...Shah, a debonair former clean energy entrepreneur and podcast host who matches his suits with pristine Stan Smiths, oversees resources comparable to the GDP of Norway: all to help turbocharge solar, wind, batteries and a host of other climate technologies in the US.
Those Stan Smiths are not going to be pristine very long down on the farm.  Heaven forbid he gets a little reality on his fancy shoes!!  He can only keep his shoes clean if he sticks to his own turf. 
Deep in the confines of the hulking, brutalist headquarters of the US Department of Energy, down one of its long, starkly lit corridors, sits a small, unheralded office that is poised to play a pivotal role in America’s shift away from fossil fuels and help the world stave off disastrous global heating.
I wonder what would be more disastrous?  Global heating or cow poop on the pristine Stan Smiths?

It really doesn't seem to matter.  Your tax dollars are being awarded to companies like Ultium Cells, that has a plant in China, or a Nevada lithium mine that is set to destroy a rare endangered flower.

The LPO's enthusiasm for Grain Belt Express seems to be based on a fundamental misunderstanding of how transmission lines are paid for.  A DOE representative said she could not discuss how ratepayers would pay for the line because that part of the LPO's evaluation is done by the financial folks.  But what do they know about electric rates?  I'm going to hazard a guess that it's not much if they are even considering making a "loan" to Grain Belt Express, a project without a clear rate process to realize the revenue it would need to pay back a taxpayer loan.

Grain Belt is NOT a regionally planned, cost allocated transmission project.  It cannot and may not recover its costs from captive ratepayers because it was not planned or ordered by regional grid planners.  Instead, Grain Belt can only recover revenue through Negotiated Rate Authority granted by the Federal Energy Regulatory Commission.  This authority, granted to former owner Clean Line in 2014, allows the company to fairly negotiate with voluntary customers in a fair and open competitive negotiation process.  After selling its service to voluntary customers, Grain Belt must make a compliance filing with FERC and FERC must accept it.   Only then may Grain Belt Express realize any revenue to pay back a loan.  So far, Grain Belt has only announced a contract with just one customer for less than 5 percent of its expected capacity.  That's not going to pay back any loan.  What's more, Grain Belt Express representatives recently shared that the company has not yet decided if it would be a merchant transmission project that collects revenue through Negotiated Rates.  Therefore, there is NO RATE set through which Grain Belt Express can realize revenue.  Electric rates are regulated by state utility commissions at the retail end, and by the Federal Energy Regulatory Commission at the wholesale end.  The U.S. Department of Energy has no authority to set or regulate electric rates at all.  It can just give away your tax dollars to a company without the means to repay the loan.

Isn't that how Solyndra happened?
To conservatives, the loans office, which was founded in 2005, is forever tarred by the much-criticized decision during Barack Obama’s administration to loan $535m to Solyndra, the California solar firm, only for the company to file for bankruptcy two years later, in 2011.

The huge new financial arsenal at the office’s disposal risks “Solyndra on steroids”, according to Cathy McMorris Rodgers, the incoming Republican chair of the House energy committee. A group of Republicans led by Rodgers have said the new loan authorities “raise questions about increased risks of waste, fraud and abuse, especially if the administration uses the program for its rush-to-green agenda”.

Well, here ya go, Representative Rodgers.  The next Solyndra.  Be careful where you step!
0 Comments

Swamp Creature Skelly Uses Government Committee To Score Cash

2/4/2023

0 Comments

 
Picture
The DC Swamp has gotten bigger than ever.  There are literally billions of dollars in taxpayer funds being tossed around like Monopoly money.  If you're part of the "in" crowd it's time to belly up to the bar and fill your pockets.

Case in point... our old pal Michael Skelly, who has created a new transmission company after he drove Clean Line Energy Partners into the ground.  The new company is called Grid United and has created a suite of five new above ground transmission projects.  Deja vu, anyone?  Now, I'm not sure what kind of an idiot would give this man money to play a new round of "transmission developer" but I think it's a very special kind.  Maybe even a fawning government bureaucrat with your money in his hands?

Michael Skelly seems to have learned absolutely NOTHING from the Clean Line failure, except to avoid the Midwest.  Unfortunately for him, Mayberry is everywhere.  His new "project" brain farts don't stand any higher chance of success than the last ones did.  Nobody wants Skelly's electric obstructions on their land and he's probably in line for a large Deja Vu Daiquiri himself.

But here's something a bit different this time around.  Skelly was rewarded for his Clean Line failure with a choice appointment to a special government committee.  The Secretary of Energy Advisory Board.
The Board provides advice and recommendations to the Secretary of Energy on the Administration's energy policies, the Department's basic and applied research and development activities, economic and national security policy, and on any other activities and operations of the Department of Energy, as the Secretary may direct. The duties of the Board are solely advisory.
The Secretary of Energy, of course, is the political figurehead at the top of the U.S. Department of Energy.  And who is giving out all those billions in "infrastructure" and "clean energy" funds provided by taxpayers?  The U.S. DOE.  And what has Michael Skelly and his committee advised the Secretary to do lately?
For all aspects of DOE transmission funding, prioritize projects which will enhance the interregional ties that will help regions support one another during times of extreme load or generation shortages(e.g., extreme weather events and challenging market conditions).

Prioritization of interregional projects will help compensate for lack of interregional planning, though such projects should not be seen as full substitutes for robust planning.

Ensure that interregional transmission and distribution solution projects are meeting Justice 40 Initiative (e.g., community engagement) and Just Transition (e.g., community benefit agreements) priorities (e.g., preferential weighting criteria within RFP).

Screen all projects against interregional criteria, in part to ensure that there are no interregional projects which would create similar benefits at a lower cost.
And what is Grid United trying to build?  Interregional interconnections, such as North Plains Connector, "...an approximately 385-mile, up to 600 kilovolt high voltage direct current (HVDC) transmission line connecting the Eastern and Western Interconnections in Montana and North Dakota."  Or perhaps Pecos West, "...an approximately 280-mile, 525 kilovolt HVDC intertie line stretching from Bakersfield in Pecos County to El Paso, providing a valuable link between ERCOT and the Western Interconnection."   Etc., etc., etc.

Skelly seems rather eager to cash in.
After years of development, the United States is poised for a boom in long-distance transmission, Skelly said, pointing to projects such as Champlain Hudson, SunZia and TransWest Express.

The long-term expansion and extension of renewable energy tax credits in the Inflation Reduction Act led to increased certainty that has flowed through to transmission development, according to Skelly.

“The easiest job in America right now is selling HVDC equipment,” he said.

So, to sum it up, Skelly sits on a federal committee that just recommended DOE prioritize giving money to just the kinds of transmission projects Skelly's new company is building.

You'd think there should be laws against that kind of corruption.
0 Comments

Wishful Thinking Won't Get Transmission Built

1/16/2023

1 Comment

 
Picture
If there's anything our government is good at these days, it's bad ideas and making crap up.  For instance, I recently watched a replay of a U.S. Department of Energy webinar I missed back around Thanksgiving.  The supercilious dweeb reading the power point slides with absolutely no interest or elaboration, and certainly no enthusiasm, actually said this in response to a question around  minute 26 of video:
Proactive engagement with all of these stakeholders can lead to stronger projects and better outcomes, increase transparency, and the reduction or elimination of associated risks that can often stall transmission projects before they can be constructed.
The "stakeholders" he's planning to engage with to create transmission utopia? 

Labor unions
Local governments
State energy offices
Tribal governments
Community based organizations that support or work with disadvantaged communities.

Sorry, Utopia Wish Man, but those are NOT the groups that create the risks that stall transmission projects before they can be constructed.  The groups that delay and cause the cancellation of badly planned transmission projects are composed of affected landowners.  Affected landowners are not necessarily members of any of those groups, and I've never seen any of those groups become engaged with the transmission opposition groups that cancel transmission project ideas.  Those groups simply don't care unless somebody pays them to wave signs and recite canned speeches at public hearings.  It's landowners who hire lawyers, intervene in the regulatory process, file appeals, and cause public relations sh*t storms.  Only proactive disengagement with landowners can ameliorate the risks that stall transmission projects.

Proactive disengagement?  What's that?  It means designing new transmission projects so they don't affect or engage landowners in the first place, like routing them on buried existing linear rights of way or under bodies of water.  If you don't engage landowners by threatening to condemn their properties and place a dangerous, ugly obstruction on it, then you will proactively prevent the risks that stall transmission projects before they can be constructed.  I guarantee it!  You won't need any of those peanut gallery folks who are not affected by the transmission project.

What won't work is pretending you care about "community impacts" when you really don't.  That whole equity thing just doesn't work with electric transmission, whose victims are usually large rural landowners who use their land to make a living farming.  Agricultural land is targeted over and over again simply because it's cleared land that has existing pipelines and transmission lines.  When will these folks have done enough?  When their entire property is chopped up and useless for farming?

How about this vapid quote:
It’s thus critical that Congress pass permitting reform legislation that will add to America’s capacity to transmit clean electricity and speed up the approval of clean energy projects that are waiting to be built, while preserving communities’ ability to make their voices heard on the environmental and other impacts of proposed energy projects.
You can't have both these things... adding new transmission while allowing communities to make their voices heard... unless the only thing you want to hear is some screaming and bad words.  I'm not even sure how this is logically supposed to work... speed up approvals for projects that will use eminent domain to condemn private property and then making it all better by allowing these people to "make their voices heard?"  What good is that if nothing changes?  Isn't the whole point of speaking out to effect beneficial change?  What good are community voices when nobody is listening?  Stop saying stupid things like that!  You sound like an idiot!

But here's the thing... no matter what silly things these virtue signalling morons say, affected landowners will continue to stall and cancel transmission projects before they are constructed.  Only proactive disengagement can stop opposition.  Anything else is like pouring gasoline on a fire.  Like showing up on the battlefield with a squirt gun.  Like not knowing your ass from your elbow.  What a complete waste of time and tax money.
1 Comment

COURT DISMISSES CONDEMNATION PETITION - Finds Grain Belt Express did not negotiate in good faith

1/13/2023

1 Comment

 
Picture
On December 31, 2022, the Circuit Court of Monroe County found that Invenergy subsidiary Grain Belt Express did not negotiate in good faith with Monroe County, Missouri landowners and did not give them all of the notices required by Missouri law.

The Court found that Grain Belt's notices to the landowners did not disclose the exact location of the easement area; did not give a description of all of Grain Belt's proposed uses of the land; and that Grain Belt's required appraisal of the land omitted a significant portion of the easement rights sought by Grain Belt and also omitted a portion of the owner's land from consideration.
It is therefore the ORDER of this Court that Plaintiffs Petition in Eminent Domain is DISMISSED without prejudice. The Court, pursuant to the requirements in Section 523.256 RSMo, orders Plaintiff to reimburse the owners for their reasonable attorney's fees
and costs incurred with respect to this condemnation proceeding. Defendants may file appropriate motions requesting the same.
You can read the Court's Findings of Fact and Conclusions of Law here:
monroe_co_gbe_findings.pdf
File Size: 3533 kb
File Type: pdf
Download File

The Court found Grain Belt's notices to the landowners did not meet the requirements of Missouri law because they never mentioned "ingress and egress" rights over the owner's land outside the easement on which GBE wanted to construct roads, crossings and culverts, and install gates.  The ingress/egress rights were mentioned for the first time in the condemnation petition, therefore the landowners were not given adequate notice. 

Another problem with Grain Belt's notices is that they never gave the landowners the exact size or location of the easement.  GBE's description of the easements and acreage changed from time to time, as noted on the table the judge included in her findings.  Missouri law requires that the landowner be notified that he may obtain his own appraisal, and the judge found that because GBE never disclosed the exact size and location of the easement, it prevented the landowner from obtaining an appraisal because an appraiser cannot appraise property that is not defined.

The findings revealed that GBE's appraiser did not consider the portion of the owner's property across the highway in his appraisal, and did not include the ingress/easements rights in his written report.  The Court said:
On direct, the appraiser for Plaintiff testified that he took into account the ingress/egress rights, in spite of omitting them from his report. The Court recognizes that it has the authority to consider the credibility of an appraiser's testimony at a condemnation hearing. Planned Indus. Expansion Auth. of Kansas City v. Ivanhoe Neighborhood Council, 316 S.W.3d 418,425 (Mo.App. W.D. 2010), as modified (June 1, 2010). This Court "is not required to take the appraisers' testimony at face value." Id. at 428. With that consideration, the Court gives more weight to the fact that the written appraisal report omits a significant portion of the easement rights sought in the Petition and thus did not include
compensation for the omitted rights. As to the appraiser's testimony to the contrary, the Court attributes bias to the witness who has already obtained significant compensation for his services and stands to gain significantly more in the course of this Project.
If GBE is threatening to condemn your land, you should definitely hold on to this case to give to your own lawyer when the time comes.

I wonder how many other times GBE's crack team of attorneys and appraisers have not negotiated with landowners in good faith?  And why did the Missouri PSC grant eminent domain authority to a company without the requisite skills and experience to negotiate in good faith with landowners?
1 Comment

FERC Trusts Utility Liars

1/5/2023

0 Comments

 
Picture
How does that old maxim go?  Once bitten, twice shy.  When your trust is broken by lies, the liar cannot be trusted not to lie again.  The Federal Energy Regulatory Commission needs to learn this lesson.

In a settlement approved the other day, utility liar FirstEnergy got fined $3,860,000 and agreed to "submit two annual compliance monitoring reports." 
Each compliance monitoring report shall: (1) identify any known violations of Commission regulations that occurred during the applicable period, including a description of the nature of the violation and what steps were taken to rectify the situation; (2) describe all compliance measures and procedures FirstEnergy instituted or modified during the reporting period related to compliance with Commission regulations; and (3) describe all Commission-related compliance training that FirstEnergy administered during the reporting period, including the dates such training occurred, the topics covered, and the procedures used to confirm which personnel attended.
So FERC trusts that FirstEnergy will endeavor to create these reports honestly?

After FERC determined that
Over the course of several sets of data requests and three site visits, DAA requested various information related to FirstEnergy’s lobbying and governmental affairs expenses and accounting.  FirstEnergy responded to those requests in both written and oral form throughout 2019 and early 2020, and submitted an affidavit from a senior FirstEnergy executive, which stated that FirstEnergy’s responses to the data requests were “to the best of [his] knowledge and belief . . . complete and accurate.”  In March 2020, the DAA audit team previewed its preliminary audit findings for FirstEnergy.

On July 21, 2020, prior to the completion of the audit report but after DAA had previewed its preliminary audit findings, the U.S. District Court for the Southern District of Ohio unsealed a criminal complaint charging the then-Speaker of the Ohio House of Representatives and others with a racketeering conspiracy relating to the passage of Ohio House Bill 6.

While FirstEnergy provided DAA with certain information related to its lobbying and governmental affairs expenses and accounting during the Audit, it did not provide any information related to its efforts on Ohio House Bill 6 and associated payments or payments related to Generation Now, the Speaker of the Ohio House of Representatives, or the Chairman of the Ohio PUC.
In order to cover its dirty tracks on House Bill 6 bribes, FirstEnergy lied to FERC.  It was only AFTER  a racketeering investigation became known that FirstEnergy came clean with FERC and and admitted that it has submitted incomplete data responses.  FirstEnergy LIED.

FERC thinks this is some sort of assurance that FirstEnergy won't lie again:
Each compliance monitoring report shall also include an affidavit executed by an officer of FirstEnergy stating that it is true and accurate to the best of his/her knowledge.
Except that the original lies also included an affidavit.  It didn't stop FirstEnergy from lying in the first instance, why would it deter them from lying again?  The only thing that seems to make FirstEnergy admit at least a few of its transgressions is the threat of criminal prosecution.  Paying a mere pittance to the U.S. Treasury is a slap on the wrist.  FirstEnergy spent way more than that on bribes. 

And where are the refunds to ratepayers who may have paid a portion of FirstEnergy's bribes as a result of accounting "errors" in the company's favors?  Who is going to monitor FirstEnergy's FERC rate filings for the next several years to make sure the company doesn't charge the $3.8M penalty to an account that is recovered from ratepayers, instead of putting it where it belongs in Account 426.3?

If lying about its finances to a regulatory agency was standard procedure, then it bears further investigation.  FirstEnergy didn't get all that bribe money from shareholders... it got it from ordinary people who may be struggling to pay their electric bill.

Shame on you, FirstEnergy!

And shame on you, FERC, for trusting an admitted liar to tell you the truth in the future.  Obviously FirstEnergy doesn't fear FERC, only jail time.
liar_settlement.pdf
File Size: 199 kb
File Type: pdf
Download File

0 Comments
<<Previous
Forward>>

    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.


    Need help opposing unneeded transmission?
    Email me


    Search This Site

    Got something to say?  Submit your own opinion for publication.

    RSS Feed

    Archives

    June 2025
    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    April 2010
    March 2010
    February 2010
    January 2010

    Categories

    All
    $$$$$$
    2023 PJM Transmission
    Aep Vs Firstenergy
    Arkansas
    Best Practices
    Best Practices
    Big Winds Big Lie
    Can Of Worms
    Carolinas
    Citizen Action
    Colorado
    Corporate Propaganda
    Data Centers
    Democracy Failures
    DOE Failure
    Emf
    Eminent Domain
    Events
    Ferc Action
    FERC Incentives Part Deux
    Ferc Transmission Noi
    Firstenergy Failure
    Good Ideas
    Illinois
    Iowa
    Kansas
    Land Agents
    Legislative Action
    Marketing To Mayberry
    MARL
    Missouri
    Mtstorm Doubs Rebuild
    Mtstormdoubs Rebuild
    New Jersey
    New Mexico
    Newslinks
    NIETC
    Opinion
    Path Alternatives
    Path Failures
    Path Intimidation Attempts
    Pay To Play
    Potomac Edison Investigation
    Power Company Propaganda
    Psc Failure
    Rates
    Regulatory Capture
    Skelly Fail
    The Pjm Cartel
    Top Ten Clean Line Mistakes
    Transource
    Valley Link Transmission
    Washington
    West Virginia
    Wind Catcher
    Wisconsin

Copyright 2010 StopPATH WV, Inc.