Category:

Noooooo! Don't do it! Bad idea!

4/20/2011

Honestly, corporations and their spin campaigns...

Here's an article about "coalition building" and how to deceive the public to get your corporate money-making scheme approved by regulators.

This PR twit gives the game away with her self-promotional bragging... isn't that always how the arrogant defeat themselves?

What I found completely ridiculous is that she never mentions who is supposed to pay for her services. According to her article, the coalition just springs out of thin air with a "leader" and a "coordinator," pretending that her company just did this out of the goodness of their hearts. Of course, we know that the corporation with the financial interest in the project pays the PR company, the "leader," and all the coalition expenses. And if the corporation is really stupid, they do it with ratepayer or public funds, like PATH did.

"Credibility can often be elusive for a company trying to build a valuable yet controversial infrastructure project. In spite of best intentions and costly efforts, the public’s perception is often centered on corporate self-interest rather than a larger public benefit."

All corporate actions are self-interested and based on making a profit. There is no consideration of "public benefit" taking place in boardrooms, it's all about making money for their shareholders. Credibility is even more elusive for a company trying to deceive the public with a fake "coalition" front group that is publicly exposed as a lie. Rather than building front groups to attempt to influence public opinion and regulatory approval, corporations could try to earn respect the honest way. However, because corporations are inherently dishonest and oh so arrogant, they persist in the same old game. The public is catching on! Front groups only end up causing even more credibility problems for the corporation and result in dead projects. Isn't that right, PATH?

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Virginia recommends PATH withdrawal, with a twist and a sense of humor - Updated

4/12/2011

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Virginia SCC Hearing Examiner Skirpan issued his findings and recommendations regarding the final disposition of PATH's second failed application today.

He does it with style, and just enough underhanded sarcasm to make it a great read.

He begins the discussion by comparing PATH to a scene in a movie:

"Like the character played by Jimmy Stewart in the 1971 movie, Fools’ Parade, who attempts to escape a pursuing sheriff by hopping a boxcar only end up back where he started, we find that we have traveled in loop back to the beginning. A similar PATH-VA motion to withdraw
led to the Order Granting Withdrawal, which ended PATH-VA’s Previous Application. A little over thirteen months later, PATH-VA is asking for permission to withdraw its Application in this proceeding."

Don't miss the little heart-shaped bullets in the text of the discussion. It was a little hard to concentrate because I was laughing so hard!

No matter how much he may have wanted to do more, it wouldn't have made much difference in the long run:

"I sympathize with those Respondents and persons that will be frustrated with the lack of finality, or the possibility of a future application for the PATH Project, or some other similar transmission project. However, I find that to indicate that a dismissal or denial of PATH-VA’s
Application is “with prejudice” would be misleading and unlikely to serve as a bar to a future application for the PATH Project based on new facts and circumstances."

And here's why he recommended withdrawal, with conditions placed on a possible third attempt at an application. Makes sense to me:

"Counsel for Frederick County contended that in its pleadings, PATH-VA has admitted there is no need for the project.21 Frederick County maintained that the Commission should take this admission and use it as a basis to deny the Application.22 PATH-VA asserted that the Commission could not deny an application on a record that does not exist.23 While PATH-VA was unable to identify a practical distinction between dismissal and withdrawal, PATH-VA argued that the Application should be in the control of the Applicant to withdraw if it no longer supports the Application... Moreover, I find that whether the Application is withdrawn or dismissed would have no impact on the filing of a new application based on new facts and circumstances. I agree with Frederick County and find that the Commission could deny the Application based on admissions made in the Applicant’s pleadings."

And PATH's final playing of their FERC Joker card wraps up the logic:

"In this proceeding, counsel for PATH-VA affirmed that “a voluntary withdrawal will give no grounds for PATH to seek a FERC approval of the line.”27 It is recognized that the Ninth Circuit’s decision in Wilderness Coalition28 to invalidate the United States Department of Energy’s
designation of national interest electric transmission corridors (“NIETCs”), significantly reduced the possibility of FERC jurisdiction. Nonetheless, I do not believe the risk of FERC jurisdiction has been eliminated completely. Thus, with only the slightest risk of FERC jurisdiction, and no practical difference in results and impact on a future application, I find PATH-VA’s Motion to
Withdraw should be granted."

Regarding PATH's refusal to provide the scenarios that were due March 15, Skirpan recommends that the following be required (but go read it youself, the little hearts are a scream!):

"More specifically, I find there was general agreement for PATH-VA:
to submit the solution of the “Base Case” and “Base Case + Warren” as text files;
to provide in PSS/e electronic format, the power flow tests used to identify NERC thermal violations for the “Base Case” and “Base Case + Warren” scenarios;
to report the results of the studies summarized on the TEAC Slide for the “Base Case” and “Base Case + Warren” in a format and level of detail equivalent to
Exhibit Nos. 1-3, of Mr. Paul McGlynn’s prefiled direct testimony in this proceeding; and
to provide tables of generation loaded into the “Base Case” and “Base Case+Warren” and what generation was reduced in the at-risk scenario."

Skirpan also requires a new application be based on a completed 2012 RTEP, which won't be complete until early 2013, which gives Virginia a two year PATH-free vacation. It doesn't necessarily give the rest of us the same benefit, if PATH chooses to avoid Virginia on its next attempt.

And, finally, here's the recommendation (bet you thought I'd never get there, but this thing has to be savored for full enjoyment):

"In conclusion, based on the pleadings and argument, I find that:
(1) PATH-VA’s Motion to Withdraw should be granted;
(2) PATH-VA should be directed to preserve the analyses underlying the TEAC Slide;
(3) PATH-VA should be directed to file the following information in this docket: (i) the solution of the “Base Case” and “Base Case + Warren” as text files; (ii) the power flow tests used to identify NERC thermal violations for the “Base Case” and “Base Case + Warren” scenarios in PSS/e electronic format; (iv) the results of the studies summarized on the TEAC Slide for the “Base
Case” and “Base Case + Warren” in a format and level of detail equivalent to Exhibit Nos. 1-3, of Mr. Paul McGlynn’s prefiled direct testimony in this proceeding; and (iv) tables of generation loaded into the “Base Case” and “Base Case +Warren” and what generation was reduced in the atrisk scenario.
(4) Any future application for the PATH Project should include information regarding PJM’s 2012 or later RTEP;
(5) Any future application for the PATH Project should include an analysis of changes in circumstances (as measured from the “Base Case” of the TEAC Slide), including changes in generation, demand response, and energy efficiency resources;
(6) Any future application for the PATH Project should provide information on the PATH Project’s original routes (including routes that do not impact Virginia), consistent with other proposed and alternative routes; and
(7) The Protective Ruling in this proceeding should be amended as provided herein."

One more speed bump in AEP & FE's rocky path to a ratepayer-funded pot of gold.

UPDATE: Here's the first (and only) decent news article to come out of the Virginia recommendation.

Here's what PATH's failure is has already cost you, and will continue to cost you for years (approved by FERC in 2008, not PJM, however):

"The two companies have already spent $120 million on site work, engineering studies and other expenses moving the project forward. Since the project was approved by PJM Interconnection, which regulates the power supply in Maryland and 12 other states and the District of Columbia, the costs are recoverable from all customers in the grid operator’s territory."

And you're supposed to sit patiently holding your wallet open for how long?

"The PJM board did not say how long it would suspend the efforts, but did say the project was not being abandoned. Instead, PJM said it would continue its analysis but it is off the list of projects for this year."

“If they [PJM] come back and say we need PATH, then we can get the project back up and running,” Colafella said.

Ahhh... there's our li'l Coal Fella, spinning like a top! And what if PJM comes back and says we DON'T need PATH? What then, Coal Fella? How are the ratepayers going to get their wallets back up and running? Honestly, his quotes are getting dumber and dumber...

Proof positive: “The investment we’ve already made won’t be lost though, because the project is not lost — just suspended,” Colafella said.

And when the project IS lost, does that mean our investment is lost, or just "suspended?"

"As of now, we have halted nearly all activities related to PATH,” Doug Colafella, FirstEnergy manager of external communications.

Yup, I see that you have suspended nearly all activities, except for looking stupid in the press. You're still doing a bang up job with that activity.

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The 711 word sentence

3/14/2011

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We've found another reason to laugh at the power companies today! A friend of mine called me up to read to me the mother of all run-on sentences she found in a FirstEnergy press release. This friend has been known to ding me on my long, complex sentences from time to time, so we found this particularly hilarious! She followed up by transferring the gigantic sentence into another program and having it calculate a word count. 711 words - one sentence - lots of commas!

The colossal sentence appears as part of FirstEnergy's "forward looking statements" down at the bottom of this press release. We talked about PATH-parent forward looking statements not too long ago here.

So, what's changed in their forward looking statements regarding how they describe PATH's risks?

"... the status of the Potomac-Appalachian Transmission Highline (PATH) project in light of PJM Interconnection, LLC’s efforts to determine whether the need for PATH should be re-evaluated and the related suspension of work on the project, PATH’s rate of recovery at FERC," blah, blah, blah,

"the uncertainty of the timing and amounts of the capital expenditures needed to complete, among other things, the PATH project as a result of its current suspension status," blah, blah, blah,

They finally acknowledge that their FERC ROE is in serious jeopardy. Isn't that nice?

The 711 word sentence, brought to you by the wordsmiths at FirstEnergy. I can't wait to see their brainless transmission line siting strategy power points! We're sure to be in for a rare treat!

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Thank you, citizens!

3/8/2011

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I've been so busy fomenting insurrection that I've gotten way behind here on the blog. Fortunately, Bill has been on fire over on TPL, so there's lots of new "fixes" for the PATH junkie in all of us. I have also just updated the "World is ruled by those who show up" post with lots more comments, so check it out.

I hope you've all read Bill's post about The PATH Collapse. There is also one very significant factor that led to PATH's collapse that Bill inadvertently left off his list that I would like to write about. YOU!

We've always been more about the human factor over here, along with a healthy dose of truth and a fixation on finances. Explaining the complex has always been Bill's strong point and we all owe him our gratitude for making things so easy for us to understand. However, we didn't need two blogs doing the same thing, so I often took a different road.

Ordinary people are the reason I started doing this, and you all are still my motivation. I'm thrilled that the ordinary people can now get on with their lives... improve their homes without worrying that they are throwing money away; sell their home without having to disclose the PATH monster in the backyard; spend their evenings and weekends doing something enjoyable; and start building their vacation time again instead of wasting it all attending meetings and hearings. However, there is still much work for us to do to ensure that we can continue to live in freedom for a long while.

I hate bullies, always have. PATH was the ultimate bully and was using our own money to harass, intimidate, falsify, and trespass on us. PATH was not the bully that would be cured with a great, big hug. PATH was the bully who would only be cured by being bullied in return. Sometimes bullying itself is the only thing a bully understands and you just have to be a bigger bully to get them to leave you alone. However, they always willingly stepped right into the evil clown role we wrote for them, so I have absolutely no regrets and it never was a personal vendetta. If the PATH guys got their "fee-fees" hurt, they probably deserved it. I'd like nothing better than for them to go away and have a nice life somewhere else where they're not tormenting people.

I'm also a huge fan of the truth. It usually comes unvarnished though, because it wouldn't be the absolute truth if it was manipulated to be "nice". I'll always give it to you straight up. If you're a liar, it hurts.

But, back to the people... it is because of all of you that PATH collapsed, no matter what the lil' Coal Fella told the press. That you all stood up, resisted, pitched in when needed and hung together is the reason why PATH failed and the Opposition was victorious. Their tactics are to divide and conquer, fearmonger and ridicule the citizens. You all made those tactics fail miserably. So, for that, I thank each and every one of you!

While I have no plans to go anywhere right now, I'd like to say that I hope you readers kept coming back because you were entertained; enjoyed finding out the truth; and that we were able to keep you engaged when it seemed easier to just give up. I also hope that a few of you found a laugh here when you really felt like crying. And if there was a voyeuristic thrill or two watching PATH get exactly what they deserved over and over again, we'll call that a bonus!

Goodbye, PATH bully, it's time you left the building for good!

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PATH Answers their own Answer (and your comments) at FERC

3/5/2011

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PATH seems to have been having a real frowny face day on Friday, which caused them to act out on their sadness and frustration.

Check the Maryland PSC docket (Case 9223) for their answer to motions requesting that dismissal be subject to conditions on refiling.

Also check out PATH's answer to the many letters from ratepayers to FERC regarding the Formal Challenge to PATH's Formula Rate Annual Update that was filed on January 21. Some letter writers were individually singled out for letter writing excellence!

The next time PATH is feeling down they should just watch this instead of acting out. Turn that frown upside down and you'll feel better without consequences or lingering regrets!

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Your vote needed!

3/1/2011

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Hagerstown's local NBC affiliate is running a poll today asking your feelings about suspension of the PATH project.

Cast your vote here. Page down and look on the left hand side of the page for the poll, entitled "Your Opinion".

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It's not a matter of if PATH can be beaten, it's a matter of when...

2/28/2011

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Today's announcement by PJM directing AEP/FirstEnergy to suspend efforts on the Potomac-Appalachian Transmission Highline is a major victory and vindication for the thousands of landowners and ratepayers who have been fighting a David vs. Goliath battle with the corporations and government for nearly three years. We are pleased at the subsequent requests by the companies to withdraw their permit applications in West Virginia, Virginia and Maryland.

Our opposition has always been based on our determination that the PATH project is not needed. Instead, the project was motivated by Federal Energy Regulatory Commission (FERC) incentives, including recovery of all project costs and a 14.3% return on equity.

The claims of need for the project have shifted so far out into the future that it has put the project "on hold" for now. We call on PJM to be forthcoming and promptly release results of new analyses and forecasts for the PJM region. It is unacceptable that PJM's and PATH's unwillingness to accept the changing landscape for energy policy could continue to hold landowners in three states hostage while they continue to entertain an unneeded project endlessly.

While we celebrate this victory, we also realize that this battle is not over. PJM Interconnection will be conducting what it calls "more rigorous analysis of the potential need for PATH." AEP's CEO Michael Morris told the Energy Business Review, "We remain convinced that the project will be needed and plan to move forward with it when PJM completes its review." We are surprised that Mr. Morris would say this when it has been proven there is no need and the project has no terminus.

We also note that the suspension of this project in lieu of abandonment ensures the PATH companies will continue to spend ratepayer money to maintain the project. They will continue to hold real estate purchased and collect a 14.3% return on equity from electric ratepayers through their FERC Formula Rate for a project that has no projected in-service date and for which the companies are no longer seeking permits. We ask that the project be properly abandoned now, and if a need for PATH or a similar project materializes in the distant future, the companies reapply for FERC incentives at that time. Jeri Matheney, a spokeswoman for AEP said the utilities also would suspend efforts to purchase land for the right of way, however she failed to acknowledge that funds recovered from ratepayers have financed this project to date and will continue to do so under their current scheme of holding of the project in abeyance indefinitely.

The Formal Challenge to PATH's 2010 Formula Rate Annual Update detailing PATH's over recovery of more than $3M from ratepayers in thirteen states and the District of Columbia in 2009 remains open before FERC. Complainants Keryn Newman and Alison Haverty plan to continue pursuit of the refund due to ratepayers.

StopPATHWV, Inc. thanks our intervenors, volunteers, financial supporters and friends for their participation over the past 2 1/2 years. We urge everyone to remain vigilant as we continue our fight against corporate greed. We plan to continue, and expand, our efforts and welcome your involvement.

In addition, we will be continuing our efforts to ensure West Virginia's and the region's needs for reliable power are met through rebuilding of aging high voltage transmission infrastructure through our involvement with the Coalition for Reliable Power.

We've come too far and learned too much -- the fight is not over.

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PJM directs power companies to suspend efforts on PATH project!

2/28/2011

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I got a call from an AP reporter in Charleston just a little while ago. Just like last time, I get my good news from a reporter....

Read it here. This morning PJM "direct[ed] transmission owners to suspend efforts on the Potomac-Appalachian Transmission Highline project."

Looks like it's over for the time being, folks! However they still want to linger in the shadows.

Although it's not even noon, Patience and I are sitting here drinking our remaining bottles of Raging Bitch beer, saved for just this occasion.

More (snark) later.......

AP story

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Let's get this party started!

2/27/2011

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FirstEnergy swallowed Allegheny Energy on Friday. I hope they drank some Pepto-Bismol as a chaser.

So, what does this mean for the PATH project? Dunno, but let's have a little fun speculating. FirstEnergy's spokesperson said, "the immediate task for FirstEnergy is the transition, rather than ongoing projects such as the Potomac-Appalachian Transmission Highline." Right away it becomes a lower priority, while they're busy with, "...layoff of Allegheny workers. Typically, when corporations merge, the new company tries to eliminate duplicative departments and other back office employees." I also read something somewhere that prattled on about retention being related to job performance... Ut-oh, fellas! So, does this mean that Karma is going to pay a little visit to some of our favorite friends in Greensburg? If so, it couldn't happen to a nicer bunch of... *insert inappropriate word here*. More importantly, does this mean we're going to get some fresh meat? I hope so! I do so love variety and challenge. Our current crop is getting kind of boring, don't you think? I hope FirstEnergy has a little more variety for us... the middle-aged, nerdy-looking, white guys have been a little thick on the ground over the past 2 1/2 years and, honestly they're all starting to sort of look alike. Allegheny's website says the merger will provide, "...expanded opportunities for employees." Could this include the "opportunity" to stand in the unemployment line?

The Greensburg building is going to be turned into a regional headquarters for "West Penn Power" (what's up with the shell company names, can't they help themselves?) Maryland's regional headquarters will be in Hagerstown under the name "Potomac Edison". I wonder if those Frederick County Chamber guys who brown-nosed so shamelessly at the merger hearing last fall are now properly chagrined? In West Virginia, it's going to be called "Mon Power" and headquartered at the "new" transmission headquarters in Fairmont that Allegheny used as a bribe to get their TrAIL project approved in this state. So, which state gets the PATH project group? I guess it doesn't matter, as long as it's WV or MD so their employees can have new and expanded "opportunities" to end up with a transmission line in their own backyards. Word: Remember, none of the merger costs are going to be dumped on the ratepayers. So none of those overblown "relocation" fees Allegheny is famous for will end up in the PATH project revenue requirement, right? We'll be sure to keep you honest, just in case.

So, FirstEnergy, welcome to the party! It's nice of you to come and lend your corporate name and reputation to the slaughter. Allegheny Energy and AEP have already sacrificed theirs for the PATH cause. I promise that you'll soon find yourselves going to places that you never thought possible, and the ride will be anything but boring! What a heartwarming, little welcome you've prepared for us on your website! I thought it a matter of proper etiquette that I respond in kind:

Who are the PATH opposition?

Your opposition is a diverse group of landowners chosen by the PATH project when they drew a line on a map, as well as other concerned citizens and electric ratepayers in 13 states and the District of Columbia. We are dedicated to stopping PATH, exposing you for the liars you are and grassroots organizing excellence. Headquartered Maryland, Virginia and West Virginia (might as well be honest, we're everywhere!) your opposition comprises the nation’s largest transmission line opposition group and is based on serving thousands of landowners and concerned ratepayers in the tri-state region and beyond. Its diverse opposition fleet features REAL grassroots opposition, bad PR for you, having your "events" turned upside down, occasional embarrassment opportunities, and the joy of being proven wrong constantly and lots of corporate bad will, and has a total generating capacity of unlimited slippery banana peels strewn in your "path".

What Does Being a PATH Parent Mean to FirstEnergy?

We’re excited about your new parenthood of this bouncing, baby transmission line project and hope you are, too. We consider it a privilege to continue to kick the PATH project in the teeth under new management, and look forward to enhancing that service as part of a larger, stronger, louder opposition.

Initially, you won’t notice many changes to your daily lambasting or in how you spy on us. You’ll still rely on the internet, the press and public meetings to provide you with our project-killing service, wreck your carefully laid plans and make fools out of your public relations contractor. However, over time we hope you will notice positive changes, including a realization that your project is never going to happen.

As we begin to implement efficiencies and best practices as a result of your merger, we hope you’ll see other benefits, including faster laughter and finger-pointing following major screw-ups on your part, better use of your own processes to thwart you over the long term, and more support for our mission to make sure your greedy, little project never happens.

We are proud to be part of your nightmares and remain committed to providing you with the high-quality service you expect and deserve. As always, please contact us if you have questions, problems or issues about your lack of traction with project approvals that you would like to discuss. We look forward to being your PATH project opposition provider for many years to come.

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PATH's answer to Formal Challenge at FERC

2/10/2011

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Here it is, fresh from Pillsbury Winthrop Shaw Pittman LLP, one of PATH's DC law firms.

I can't comment here, but the rest of you... feel free to knock yourself out in the comments section...

For reference, here's the Challenge.

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Noooooo! Don't do it! Bad idea!

Virginia recommends PATH withdrawal, with a twist and a sense of humor - Updated

The 711 word sentence

Thank you, citizens!

PATH Answers their own Answer (and your comments) at FERC

Your vote needed!

It's not a matter of if PATH can be beaten, it's a matter of when...

PJM directs power companies to suspend efforts on PATH project!

Let's get this party started!

PATH's answer to Formal Challenge at FERC

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