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Clean Line Gets Desperate

4/26/2014

6 Comments

 
Things are not going well for our friends at Clean Line Energy Partners.

Opposition to its Rock Island Clean Line, Grain Belt Express, and Plains & Eastern Clean Line projects continues to grow at explosive rates.  This isn't just a handful of NIMBYs in an isolated tool shed, but an active, educated, cohesive, movement numbering in the thousands and stretching across eight states (and beyond!)

Clean Line's biggest problem is its desire to wield the power granted to entities acting in the public interest by the Fifth Amendment of the U.S. Constitution.
nor shall private property be taken for public use, without just compensation
See where it says "public use?"  Clean Line is not a "public use."  It is a privately held investment vehicle that desires to build a for-profit project that has not been found necessary by any transmission planning entity acting under the auspices of our government.  Any yahoo can wake up in the morning and decide to build a transmission line, but the idea does not make it "needed."  Clean Line is a private entity who intends to sell transmission capacity to other private entities through privately negotiated contracts. 

Whether granted by a state, or by the federal government through Sec. 1222 of the Energy Policy Act, giving eminent domain authority to Clean Line is just wrong.  And the people will continue to loudly protest until the threat is removed.

Clean Line is failing in the all-important court of public opinion, which powers the legislative stance that drives approval or rejection of Clean Line's state regulatory applications.  Clean Line hates it when the voters connect with their elected representatives because Clean Line has spent lots of time and money wooing your legislators to support its project with inflated claims about jobs and economic development.  Clean Line has also been busy trying to slant the news coverage of its projects by meeting privately with editors and reporters in order to present them with a one-sided set of "facts" that support the project.  News sources practicing ethical journalism seem to be immune, but every once in a while Clean Line hits the mark with an editor motivated by politics or good ol' boy business glad handing.

Yesterday, the St. Louis Post-Dispatch posted one such editorial, so full of political pandering that it probably didn't require the additional lies that it printed.  The Editorial Board went wandering off about repeal of state renewable portfolio standards, the Koch brothers, foreign oil, commercial hog farms, Keystone XL, and oil subsidies.  None of these topics have anything to do with Clean Line, but the paper tried to use these political topics to paint the opposition it knows nothing about as unacceptable and therefore not worthy of being heard.  The St. Louis Post-Dispatch also quotes Grain Belt Express project manager Mark Lawlor as claiming he has purchased all the land he needs in Kansas:
Mr. Lawlor has been through this before, in Kansas, where he says the company has completed buying the land it needs for that portion of the line.
This is an outright lie.  Did Lawlor really say that?  Or was that the editor's creation?  Clean Line better clear this up before it comes back to bite them in a future eminent domain condemnation proceeding.... because that's the only way Lawlor is going to get his hands on some of the land he needs in Kansas.

The editorial was so bad that it has inspired more than 80 comments, almost all of them from real people knowledgeable about transmission and opposed to Clean Line.  Go ahead, read the comments, and see the people educate Clean Line's sparse supporters in Missouri.

And if you think that editorial is bad, check out this article in the Cherokee Chronicle Times where reporter Loren G. Flaugh tosses journalistic ethics out the window to openly insult one of Clean Line's opponents in Iowa.  The reporter inserts personal opinion into the story, calling Preservation of Rural Iowa Alliance board member Jerry Crew "befuddled," "mistaken," and says his group "doesn't understand" the project's business model.  And the reporter bases his inexpert understanding on talking points from Clean Line.  I wonder, would that hold up in court?

Crew wanted elected officials to tell him what was on the line when the wind doesn't blow.  No one could give him a correct or logical answer.  The reporter concludes that when the wind doesn't blow, the line will be de-energized.  I think the reporter is the one "befuddled" by Clean Line's bullsh*t.  If wind farms are contracted to purchase a certain amount of capacity on the line, and they aren't producing anything, they will most likely re-sell their capacity in the secondary market to try to recover some of their cost.  Who would buy it?  Any generator who wants to connect into the series of regional feeder lines supplying Rock Island Clean Line's starting point converter station, that's who.  And it could be ANY kind of generator -- coal, oil, gas, solar, wind.  Clean Line cannot guarantee that its line will be... "clean."

Jerry Crew is absolutely correct, and the reporter is misinformed.

My, my, my, how desperate Clean Line has become as it stoops to new lows in the media.  A viable project wouldn't require tossing journalistic ethics out the window.  Clean Line is more closely imitating the death throes of a bad project.  Surrender, Clean Line.
6 Comments
Aunt Be a link
4/26/2014 02:57:22 am

We have these little things called truth, laws, and constitutional rights on our side. There is no backing down or going away until "Clean" Line scurries back to Texas and stays there- permanently. Period.

Reply
Susan Inskeep
4/26/2014 06:24:42 am

Thank you once again Keyrn. We just received our postcard to come to the meeting next Saturday to hear the eminent domain lawyers speak. This again kicks me in the gut just when I get my hopes up. Can I copy this and give it out to those who come to the meeting?

Reply
Keryn
4/26/2014 06:46:39 am

Absolutely, Susan! Use however you think it might be helpful. Clean Line has a long, hard, uphill climb through Missouri and Illinois ahead of it, so keep hope alive :-)

Reply
Matthew Stallbaumer
5/2/2014 06:36:37 am

"Mr. Lawlor has been through this before, in Kansas, where he says the company has completed buying the land it needs for that portion of the line."

The landowners know this isn't true. But there was some hope on my end that our land would no longer be impacted, so I called the St. Louis Dispatch and spoke with Deborah Peterson, Editorial Writer, who told me she was involved with writing the editorial. She assured me that what was printed was what Mr. Lawlor communicated to her.

So I tried to call Mr. Lawlor, his reputation for not answering his phone or responding to messages is accurate, so I called Clean Line's office and waited on hold rather than leave a message. I spoke with Grain Belt Express representative Ally Smith. She admitted they are still negotiating easements in Kansas, which conflicts with Mr. Lawlor's statement, and promised to check into the situation and call me back the next day to explain how something so wrong could be communicated/printed.

Three days go by, no call back. I called Ms. Smith again, but had to leave a message, no call back. Finally, this afternoon, Ms. Smith answers her phone, she claims to have tried to call me earlier in the day (I had no missed calls on my phone) but let bygones be.

Turns out there was a "miscommunication" between Mr. Lawlor and the STL Dispatch editorial board. That was the extent of the explanation. No mention of what he really meant or said, but to me it seems pretty hard to confuse anything with owning all the property they need in Kansas. (I wonder if lies count as miscommunication, I guess one could argue they do, I wonder, was Ms Smith miscommunicating to me?).

I asked Ms. Smith about Clean Line's Code of Conduct found on their website and these lines specifically:

I c. Do not misrepresent any fact.
II h. Do not represent that a relative, neighbor and/or friend have signed a document or reached an agreement with Grain Belt Express Clean Line.
III b. Do not discuss your negotiations or interactions with other property owners or other persons.

It's pretty evident that some if not all of those codes have been ignored by Mr. Lawlor. I asked Ms. Smith who is responsible for enforcing those codes and what the penalty is. I was asked to be put on hold. Then she made efforts to dodge the questions, instead offered that they had contacted the paper to report the error, that it may or may not be corrected, and there is nothing else they can do. I asked again who enforces the code and what the penalty is, doesn't seem like that tough of a question for a company who touts their transparency and integrity and efforts to inform every chance they get, but Ms. Smith couldn't answer the question beyond "it's a managerial process". Perhaps Mr. Lawlor will enforce the code upon himself and penalize himself. I was told I must file a complaint regarding the code and their internal managerial process would determine its merits. I thought I was filing a complaint with my initial call, but it turns out it has to be in writing. I asked whether she could file a complain on my behalf as she is aware of the situation now, turns out Clean Line employees can't file a complaint, they aren't in a position to hold themselves or each other accountable regarding their own Code of Conduct. So, how can their managerial process result in any penalty if they can't enforce it upon themselves?

Does anyone still think Clean Line will be accountable for any other promises or statements they make to property owners, commissioners, press, politicians or investors?

Reply
Louis Meyer link
6/17/2015 04:45:03 am

Your simple coherent argument about the 5th amendment of the Constitution is the strongest yet about the flaws of CLEP. All political ideologies understand and support this concept. But why have we not heard more beyond just those immediately impacted?

Reply
Roger Linneman
5/4/2016 05:07:31 am

Have the comments to this editorial been taken down in the St. Louis Post Dispatch article? I am unable to access them.

Reply



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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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