The power companies behind the Susquehanna-Roseland transmission line made some skimpy details of their "mitigation package" public today in their comments on the NPS Draft Environmental Impact Statement.  Today was the deadline for comments (hope you got your comments in!).

Their comment letter goes on for pages and pages and refers to Exhibits that are nowhere to be found.  If anyone knows where Exhibit 9 is, let me know, that's the one that supposedly contains the "methodology" for their madness.

The letter contains some of the most outrageous lies I've ever heard, and just in case the NPS doesn't believe them, the power companies unleash a couple of veiled threats.  Nice.  And I haven't even read the whole thing yet.

Anyhow, here's what's available on the power company's proffered bribe:

1. The price is now somewhere between $30 - 40M, but the NPS can just fill in the amount with whatever they think is reasonable.  You know, name their price for the $ale of the parks.  Price doesn't matter to PSE&G and PPL, they're using YOUR money for this bribe and collecting interest on the amount they spend.  The more they spend, the more they make!
   
2. The power companies will set up an "endowment" with your money, the Middle Delaware Mitigation Fund.  The "endowment" is supposed to be administered by "a not-for-profit organization with demonstrated expertise in land and resource conservation and successful collaboration with the Department of the Interior."  The "endowment" would be used by the Administrator for the purposes of preserving, restoring and enhancing Delaware Water Gap National Recreation Area, Cherry Valley National Wildlife Refuge, the Middle Delaware Wild & Scenic River segment, and the Appalachian National Scenic Trail within the Delaware River basin, including reasonable costs associated with administration of the Fund.  In other words, this "administrator" is going to be able to take a big chunk of this endowment for salaries and expenses.  Now, who in the heck is going to monitor that for fraud?  "The Administrator would commit Endowment funds solely to projects or activities reviewed and recommended by the Secretary of the Interior, acting directly or through a designee, following appropriate consultation with representatives of the Commonwealth of Pennsylvania and State of New Jersey, and Delaware River basin-oriented conservation organizations and recreational interests."  Oh, I see, Ken Salazar, the person with the loose morals that engineered this bribe, is going to oversee the morals of the "not-for-profit organization" who manages the "endowment."  Ever heard that phrase, "the blind leading the blind"?
   
3. 50% of the bribe would be paid when all permits are issued and land clearing begins, and the other 50% would be paid when construction is complete and the line goes into service.
   
4. So, whose land are they planning to steal?  "We have focused on parcels previously identified by land management agencies and conservation groups as important potential additions to the DEWA-area parks and refuges-- lands with natural values that would be of great value to the public.  We have identified lands potentially for sale (because everything's FOR $ALE), most* already on the market in some fashion, that offer great potential to benefit the public."  *most = qualifying weasel word -- this means that only a very small portion of this land is actually "on the market in some fashion" (another qualifying mush phrase).
   
5. So, who is this "administrator"?  "The Applicants have engaged and provided funds to a nationally respected* land conservation organization to begin acquiring interests in private properties of high value to the Department of the Interior’s conservation mission in the area around DEWA, MDSR, APPA and Cherry Valley National Wildlife Refuge."  *Not anymore, as soon as this crooked bribe is made public, this will be the LEAST RESPECTED land conservation organization in the nation... and that's why the power companies aren't giving out the name of this organization that's already taken your money to start acquiring land for a project and bribe that is completely undecided... or is it?
   
6. The details of the land grab?  Well, that's "proprietary," don't ya know... "The Applicants and their consultants have collected a great deal of very specific information about lands that are for sale (in fee or pursuant to conservation easement) in the DEWA area. Most of the information is confidential and proprietary; all of it is sensitive. The potential to acquire the land for conservation purposes likely would be frustrated if the information were to be publicized.  (here's your cue, project opponents -- go fetch and publicize, publicize, publicize -- hope your neighbor grapevine in PA & NJ works as well as ours in WV, VA & MD does)  To meet the requirements of current owners, a substantial portion of the information has been obtained with the understanding that the Applicants would keep the information confidential. Based on our outreach to conservation partners and other investigations and analyses, we have identified, at this time, an overall universe of 650 parcels or interests in land that merit further consideration for use as compensatory mitigation including 425 tracts (39,500 acres) in Pennsylvania and 225 tracts (20,500 acres) in New Jersey. Of these, there is dialogue with landowners for the following parcels/acreage: 150 tracts (13,500 acres) in Pennsylvania, and 10 tracts (500 acres) in New Jersey. Of the parcels under dialogue at this time the following parcels/acreage are either under option, option pending or active negotiation: 12 tracts (10,700 acres) in Pennsylvania ($34,000,000 fmv est.), and 5 tracts (410 acres) ($2,600,000 fmv est.) in New Jersey.  (that's $36.6M already, with only 17 of 650 tracts of land acquired.)
   
7. I saved the best laugh for last:  "The Applicants are prepared to commit funds in an amount that will fully recognize and show respect for the public value of the resources potentially affected by the Project."  These guys have absolutely no respect for themselves, much less any respect for the public.  What a joke!  And they "will ensure that there can be no basis for any reasonable party to conclude that the benefit to the resources at issue is anything other than substantially greater than the impacts of the Project."  What part of THE PARK IS NOT FOR SALE AT ANY PRICE don't they get?

The Susquehanna Roseland opposition groups did a great job at the National Park Service public hearings held last week.  This link even has a recording of the public comments.

And a representative of PPL has now joined his counterpart at PSE&G in admitting that the $30M "mitigation package" will become the responsibility of the 60 million ratepayers in the PJM region.  However, the only beneficiary of the "mitigation" and the power line itself will be PPL and PSE&G, who will earn a 12.93% profit on the cost of the project every year for the 50 - 70 life of the line.  Both individuals quoted in the article aren't quite accurate though.  The PPL guy claims that the return on equity is part of the state ratemaking process, but this line is under FERC jurisdiction.  The Sierra Club representative only calculates one year's interest in his $4M profit estimate.  Profit is calculated on the remaining balance EVERY year, and the companies also receive a percentage of their investment back every year as well through depreciation.

PPL claims that they haven't "identified precise locations" of the land they propose to purchase for their "mitigation package" yet.  So, PPL, what happens when the owners don't want to sell?  Do you offer them more money, or do you use your state-granted eminent domain powers to take the land from a private individual and give it to the NPS or other conservation group?  I don't see anyone addressing this question yet.

But, this editorial in the Pocono Record is by far the most revealing.  The editor (who drives me NUTS with his poor writing skills -- please, let one of your copy editors edit your editorials!) has had at least one sit-down with Delaware Water Gap National Recreation Area Superintendent John Donahue.  Donahue told the editor, "We've been working with the power company for some time for a mitigation package and are reaching the point where they might come to the public and offer something huge for what they want."

The "mitigation package" is all about Donahue's personal vision for the park.  His vision includes linking the park with state parks and turning Rt. 209 into a "parkway." Maybe someone should tell Donahue the story of the Lenape Indians of Manhattan who entered into what they thought of as a land-sharing pact with the European settlers.  It didn't work out so well for the Indians.

Oh, FirstEnergy, you're such a little fibber!

Yesterday, FE announced the closure of six of their oldest, dirtiest coal-fired generating plants, including the local R. Paul Smith plant in Williamsport, Maryland.  Residents of the town say it's a "devastating blow."

FirstEnergy blames the EPA for the shut down and says that 529 employees will lose their jobs at the six plants.  Aside from early retirement and severance, FirstEnergy has nothing much to offer these loyal employees.  They also have nothing to offer the towns who are losing tax revenue and business generated by the plants.  FirstEnergy says "too bad, so sad, look at what the EPA did to you" to all the "little people" affected by their business decision.

And make no mistake about it, the decision was all about what's best for FirstEnergy's bottom line and stock dividends.  FirstEnergy closed these plants because they are no longer profitable.  That's the real bottom line.

These plants rarely operate because they are obsolete and expensive to run.  The only reason they have remained open this long is that they have been receiving capacity payments through PJM Interconnection's electricity market to remain available to supplement base load plants on a couple days a year when loads are heavy.

"The plant, which has a coal-fired boiler and a fuel-oil fired boiler, hasn’t generated power recently but has been run within the past year, he said.

But Durbin couldn’t say when the plant last generated power, noting that such information would be considered proprietary."

Proprietary?  That's power company double-speak for, "I can't tell you because the answer would make me a liar."

Electrical demand has been down for several years and continues to fall.  This is due to energy efficiency, demand side management and the building of new generation near load centers on the east coast.  The "peaks" in electrical demand are flattening due to demand side management, whereby electricity use is voluntarily curtailed during times of peak demand.  Smaller peaks means that peaking plants like the one in Williamsport are no longer needed.  If they're no longer needed, they're not going to continue to receive capacity payments to sit around idle for 363 days a year.  No money coming in, and FirstEnergy gives them the axe.  This has NOTHING to do with the EPA.

Now, let's take a look at what FirstEnergy says out of the other side of their mouth... the one that speaks to their shareholders, who continually demand an increase in their earnings every quarter.

In this press release on Marketwatch, FE claims that the generating plant shut downs resulted in a .38 per share "charge" to their Non-GAAP earnings, but it didn't do a thing to their overall $2.44 per share GAAP earnings. 

It's all about FirstEnergy's greedy bottom line.  It's not about the EPA, or the well-being of their loyal employees, or the communities they serve.

While looking at the Susquehanna Roseland EIS today, I came across the slide show that the NPS is presenting at their public hearings in Pennsylvania and New Jersey this week.

The slide show obviously uses power company-submitted "photo simulations" to show citizens what the proposed power line will supposedly look like.  These photo sims are created by environmental permitting firms like Burns & McDonnell, who are being paid to produce Photoshopped propaganda.  I saw many just like them in PATH's LRE and EIS application.

These Photoshop phonies take great liberty with perspective, hoping you're dumb enough to fall for their trickery.

Here's a great example.  Notice how the "before" picture only captures the bottom 50 feet or so of the lattice tower structure?  When this 100 foot high structure is replaced with a tubular steel structure twice it's size in the "after" picture, the perspective of the tower suddenly changes, although the background remains the same.  All of a sudden most of the structure is visible in the "photo."  Sometimes they place the new structure further away along the right-of-way in order to make it appear smaller by comparison, but it looks like they didn't even bother in this one.  They placed the out of perspective structure in the same basic location as the existing one.  Fail!

And what's that hiding behind the tower?  Is it a new right-of-way three times the width of the old one (yes, I measured it)?  You're not supposed to notice that!

If you're interested in seeing the entire slide show that demonstrates the damage the new line will do to the parks, you can download it here and view with a great deal of skepticism.

Note to Power Companies and Paid Contractors:  Seriously guys, use some of your ill-gotten booty to invest in a new bag of tricks.  This one has gone stale.

Remember all the fun we had last year with AEP's "Principles of Business Conduct"? 

Well, now it's FirstEnergy's turn to sing, dance and make us laugh with their improbable "Code of Business Conduct."

According to FirstEnergy CEO Anthony "Tony" Alexander,

"Maintaining high ethical standards builds trust with our customers, shareholders, fellow employees, and the communities we serve.  Our Code of Business Conduct communicates the fundamentals of ethical behavior in the workplace and provides important guidelines to ensure we maintain our high standards."

FirstEnergy?  Ethical?

I'm not going to analyze the whole thing this time -- I've got better things to do, but here's a real whopper from Tony the Trickster.

"Corporate Records – Ensure you accurately record all financial transactions in a timely manner in accordance with prescribed accounting principles. Make full, fair, accurate, timely and understandable disclosure of financial and nonfinancial information as required by law and regulation. Never knowingly record false or misleading information on any Company record, report, or document, including those reports and documents submitted to any government agency, including but not limited to the Securities and Exchange Commission."

Their Q & A section is a laugh a minute!

Q: Why do I need a Code of Business Conduct since honesty is common sense?
A: We all must maintain the highest standards of honesty and integrity. Even honest individuals are sometimes not sure of what is appropriate business conduct since not everyone shares the same perspective and values. The Code of Business Conduct provides guidelines for appropriate business conduct and a formal method of establishing accountability for noncompliance.

Does this mean that Mr. Burns and Tony the Trickster are short on common sense?

This one is my favorite:

Q: What are some warning signs that actual or contemplated business activities may be contrary to the Code of Business Conduct?
A: If you hear any of the following types of statements, there could* be a problem:
• "Shred those documents immediately."
• "No one will ever be the wiser."
• "This sounds too good to be true."
• "I know it's not totally above board, but it's the only way to get the results we need."
• "Everybody does it."
• "It never happened. Right?"
• "OK, but just this once."
• "I don't care how you do it, just make it happen within the deadline."
• "A little white lie won't hurt anything."

*This means that you may hear these statements regularly at FirstEnergy, but that doesn't necessarily mean there's a problem.  After all, where do you think they got these quotes from if not from their daily business interactions?

Well, here it is -- the power companies behind the unneeded Susquehanna Roseland 500kV transmission line proposal in Pennsylvania and New Jersey have put together a "mitigation package" that they will present to the NPS at the end of January.

As reported last month, the NPS is expected to bend over and approve destruction of the Delaware Water Gap National Recreation Area in exchange for $30M of new park land.


Read a good article about the situation here:

"Thousands of acres identified as priorities by conservation groups would be preserved at a cost of tens of millions of dollars, PPL and Public Service Electric & Gas Co. said in a press release."

The proposal, however, was met with derision from some environmentalists. The New Jersey Sierra Club accused the utilities of trying "to buy silence from environmental groups and others that should be opposing this line."

"You cannot mitigate for the destruction of a National Park," the organization said in a press release. "This project would ruin the scenic beauty, breathtaking vistas, and critical resources of our national parks" and "allow for the production of more coal-fired energy, creating more coal pollution that will impact people's health while they are using the parks."

The Sierra Club also noted the utilities' ratepayers would ultimately pay for any mitigation, since utilities fold their expenses into rates. Additionally, utilities are entitled under federal rules to a 12 percent profit on transmission line expenditures.

"The utilities cannot make up for his kind of destruction by buying lands in other places," Jeff Tittel, the New Jersey Sierra Club director said. "This is nothing more than blood money."

Because the Susquehanna Roseland Project is within the PJM regional transmission zone and is a 500kV project, this means that every one of the 60 million electric consumers within PJM's 13 state region will pay a portion of the cost of the transmission project.  Even if you're a PJM grid customer in Michigan, Tennessee, Illinois or North Carolina, or any other PJM  state far removed from Pennsylvania and New Jersey, you will still pay for a portion of PSE&G and PPL's payoff of National Park Service officials. 

This $30M of new park land will be paid for by you over the next 50 - 70 years, and PSE&G and PPL will make a 12.9% profit on the purchase every year, courtesy of federal transmission incentives granted to the project's owners by FERC.  Here's how it works:  The power companies will purchase the land and claim it's a "regulatory expense" (a cost necessary to obtain regulatory approval for the project).  The cost of the land will be placed into the companies' transmission rate base account for the project, which you will pay down by reimbursing them for their cost of the project in your monthly electric bill over the expected 50 - 70 year life of the line.  Just like a new car, the $30M value of the land-bribe will depreciate a little bit each year.  You will reimburse the power companies for that yearly amount of depreciation, plus 12.9% interest on the remaining value of the land-bribe.  So, let's say that in the first year, the balance of the land purchase is $30M and the depreciation rate is 5%.   You will pay them $1.5M, and the value of the land will fall to $28.5M, but you will also pay them 12.9% of $30M that year - $3.87M.  The amount electric consumers will pay for the power companies "mitigation package" will total $5.37M in the first year alone.  The second year will again reduce the value of the land by 5%, and add in a 12.9% return for the power companies on the remaining value.  The depreciation rate I'm using is only hypothetical, of course, but the profits for PSE&G and PPL are real.  What you can depend on is that this "mitigation package" won't cost the corporations a thing and will, in fact, make them a huge profit.

The end result here is that YOU will pay for the "mitigation" of damage to YOUR park and the power companies causing the damage and making a profit selling electricity over the line will get off scott free!  The power companies behind the transmission line claim that the line will save electric consumers millions of dollars in "congestion costs," but that savings is being whittled away by deals like this and is not taking into account the billions of dollars electric consumers will pay for the line over its lifetime.

Are you angry enough to do something about this yet?  Good, we're going to make this easy!  Send your comments about this rip-off of consumers and citizens (who are the ultimate owners of our national parks) to the NPS through this online form, and tell them that you do not want to pay the cost of PSE&G and PPL's "mitigation package" bribe or have your national park assets squandered in the name of corporate greed!

Do it now!  Comment period closes at midnight on January 31, 2012.  Please share this one with your friends and link on Facebook and other social media sites!

I know there's another topic started for this list, but it's slipped quite a ways down the page, thanks to TrAILCo's shenanigans, so let's start another one because the weeklies are publishing now.

Here's an article in The Shepherdstown Chronicle.  Reporter Kelly Cambrel does a great job with a difficult subject, but contrary to what's stated in the article, the January 2011 Challenge detailed 2009 expenses, and the December 2011 Challenge detailed PATH's 2010 expenses.  We haven't gotten to their 2011 expenses yet.

Here's an article in The Spirit of Jefferson.

"An official with American Electric Power said the company is entitled to recover reasonable
expenses of the PATH project.
"It is certainly their right to intervene. They have a different view on recoverable expenses," said Geri Matheney, a director of corporate communications for Appalachian Power, a subsidiary of American Electric Power. "It is certainly their right to question the expenses.  FERC will decide whether there is merit in their complaints or not. We are entitled to recover
the reasonable and prudent expenses of the PATH project.'"

Well, that certainly blows a few holes in all Randy's legal efforts at FERC over the past 3 months, insisting that we don't have standing and are not interested parties.  Now we find out that AEP doesn't agree with Randy and PATH's legal team.  Isn't that refreshing news?  Maybe Jeri should take a few notes from Todd "the school girl" Meyers and adopt the "no comment" thing.  But then again, she's probably not likely to get stuck in an elevator or accidentally meet up in the Men's Room with Mr. Personality either.  Jeri just doesn't know when to shut up.  :-)

More to come...

According to this "information" hand out from Allegheny Energy created, managed and funded (with YOUR monthly electric bill) astroturf front group, The Marylanders for Reliable Power, the "rolling blackouts" were to begin in Maryland in 2011.  This was because "Maryland is running out of electricity!"

Now here we are on the other side in 2012 and none of Allegheny Energy's cries of "wolf" have come true.  There never was any wolf, just an investor-owned utility who set out to make a bunch of money.

And they did it in a duplicitous fashion.

If Allegheny Energy had publicly owned all their fear-mongering, ridiculous claims of predicted future "rolling blackouts" and "frequent and extended loss of power in less than three years," while applying for approval of their for profit endeavor, they would have been in a lot of regulatory hot water.  So, they created "... a coalition of businesses and organizations working to ensure that Maryland's future electricity needs are met through conservation, additional generation of electricity from traditional and renewable energy sources, and improvement of transmission capacity," so that blame for the lies and unnecessary public panic would be pinned on some phantasmic, "grassroots" group completely lacking in verisimilitude.

And they used millions of dollars of ratepayer funding to perpetrate their consumer fraud.

But, it looks like the Sierra Club's experts and the citizen opponents were right way back in 2008... dropping demand, conservation and demand side management obviated any "need" for Allegheny Energy's great transmission rip-off.  There have been no "rolling blackouts," Maryland has not "run out of electricity," and no shortages are predicted for the near future.  In fact, Dominion has recently shut down their Mt. Storm-Doubs 500kV transmission line, one of two major 500kV lines transporting dirty coal-fired electricity to east coast load centers, while they rebuild it to increase its capacity, but no current electricity crisis in Maryland has resulted.

However, electric customers are never going to get their millions back.  That money is gone for good, into the pockets of perfidious public relations companies, charlatan former public service commissioners and other paid "experts" who parroted Allegheny Energy's lies in exchange for personal gain, industry and trade groups such as Chambers of Commerce and the WV Coal Association that joined in perpetrating Allegheny Energy's "grassroots" fraud and helped them spin it, and into the pockets of lobbyists like WV Democratic Party Chairman Larry Puccio, whose support is for sale to the highest bidder.

The claims of "rolling blackouts" were nothing but a lie.

A second Formal Challenge to PATH's 2010 Annual Transmission Revenue Requirement was filed at FERC this morning by Keryn Newman and Ali Haverty.  As you will remember, they also filed a Formal Challenge to PATH's 2009 Revenue Requirement back in January of this year.

The new Challenge disputes revenue collected from all PJM electric ratepayers in the amount of $2,437,540.94.  If you're one of the PATH victims, not only does this represent money out of your pocket, but it is a documented history of PATH's activities that directly affected you in 2010.  The Challenge details PATH's activities running "reliable power coalition" front groups, their PEAT "team" who told the media that they had "the real facts" about the project (insinuating that you didn't), PATH's memberships in various Chambers of Commerce and lobbying groups, including their antics with the Maryland Chamber of Commerce that culminated in the Chamber petitioning to intervene out of time in the Maryland PSC case to support PATH's application.  There's also more about what Access Point Public Affairs was up to in Loudoun County, Virginia, attempting to influence the Board of Supervisors to release the conservation easement by playing neighbor against neighbor.  And more NWTF -- the National Wild Turkey Federation -- a favorite of people last year due to its rather unfortunate acronym.  New this year are the expenses of PATH lobbyist Larry Puccio, former Chief of Staff of our "friend" Joe Manchin.  Puccio is the one who signed up as a lobbyist a week after leaving his job at the Governor's office, which triggered a new state law about waiting periods for lobbyists coming out of state government jobs.  Puccio also got a mention in the federal investigation going on last year about road contracts and shady deals in WV.  Finally, our friend Larry is also the Chairman of the WV Democratic Party.  That's convenient, isn't it?  Another new section deals with R.L. Repass & Partners -- the ones responsible for those phone surveys and focus groups in Jefferson County last year.  I know lots of you got the phone calls (and some actually attended the focus group) so if you're remotely curious about how much that cost you, it's all in the Challenge.

The Challenge also includes a section about PATH's advertising in 2010 and details how Charles Ryan Associates utilized recognized propaganda techniques, and NOT "education," in PATH's advertising.  If you saw or heard those commercials and print or internet ads and felt your skin crawling but weren't exactly sure why, you'll probably find this pretty interesting.

We'll have much more about this after the holidays, but for now, happy holidays and happy reading!

PATH 2010 ATRR Formal Challenge
PATH 2010 ATRR Formal Challenge Exhibits (big file of Exhibits used in the Challenge)

FirstEnergy's TrAILCo transmission company (whose books are kept by same crack team of accountants as PATH's) filed a revision with FERC the other day to correct its 2010 & 2011 revenue requirements for merger costs that were "inadvertently" included in the revenue requirements and collected from ratepayers like you.

"On December 19, 2011, Trans-Allegheny Interstate Line Company submitted to the Commission, for informational purposes, a revised reconciliation of the annual transmission revenue requirement for the 2010 Rate Year and a revised annual transmission revenue requirement for the 2011 Rate Year to reflect the removal of merger-related costs inadvertently included in the original version filed in May 2011."

Ooops!  What's a couple million between friends, anyhow?  Is anyone keeping track of all FirstEnergy's accounting mistakes that cost you money?

According to TrAILCo's letter, "As part of an internal review, TrAILCo personnel discovered that merger-related costs were inadvertently included in the original 2010 Reconciliation ATTR and 2011 Forecasted ATTR."

Was that "internal review" FirstEnergy's version of their "oh sh*t" moment when they got busted for including merger costs in PATH's revenue requirement during PATH's Open Meeting conference call back in July.  Yeah, FE, we were there. ;-)

This sentence in the letter creates such a scary visual that I want to simultaneously throw up and laugh hysterically.

"The merger was consummated on February 25, 2011, and, at that time, FirstEnergy Corp. became the ultimate parent of TrAILCo."

Keep the comedy coming, FirstEnergy, we're paying dearly for it, apparently.