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FERC responds... again

5/26/2011

12 Comments

 
It's getting a bit more interesting now.  Chairman Wellinghoff responds to Representative Bartlett again in this letter.

Wellinghoff confirms that there are two outstanding matters currently pending.  One is the rehearing that's been going on regarding PATH's 14.3% ROE.  Don't bother looking at the settlement judge's report referenced, it merely says that settlement is ongoing, it doesn't give any details.  You're going to have to wait for the order to come out to read any of that.  The amount PATH is going to cost you isn't public information right now.

The other is the Formal Challenge, submitted back in January, which "alleges imprudence, fraud, and improper accounting by booking costs to more than one FERC Account."

These are things we already know (although I don't recall using the word "fraud" anywhere in the complaint -- that must be FERC's characterization).

If PATH is canceled or withdrawn, they can request recovery of 100% of the cost of their abandoned project, one of the incentives granted to them back in 2008 to "promote transmission investment through pricing reform."

We know that too.

Wellinghoff tells Bartlett that cancellation or withdrawal is up to PJM.  PJM is a cartel of energy companies whose impartiality has been questioned. 

However, this paragraph is interesting:

"Regarding your question concerning changing the end point of the PATH transmission line and its affect on the rate, please note that with respect to rates, Order No. 679 provides guidelines for review of transmission rate incentives if the design of a transmission project changes materially. Specifically, when an applicant files to recover the incentive in its rates from a changed project, other interested persons may challenge that filing at that time, and those other interested persons may also file a complaint."

You know, the PATH project that received the incentives back in 2008, based on its former inclusion in PJM's RTEP and its fix for reliability issues that have since disappeared, has been reconfigured.  The original PATH project consisted of a 765kV line from Amos to Bedington and two 500kV lines from Bedington to the "Doubs" substation in Kemptown, MD.

Is Wellinghoff insinuating that someone should file a complaint and make all the recent comments on the docket official?

Wellinghoff says that a public meeting is only necessary when the Commission needs to supplement the record.  He doesn't get it.  Bartlett's requested meeting is for an increasingly irate public to have their questions answered, not for the Commission's benefit.  Instead, FERC wants to remain ensconced in their ivory tower and leave public servants like Bartlett in the line of fire from disgruntled consumers.  How many times and in how many ways can you blow off a Congressman before he gets offended?  I guess we'll find out.

Wellinghoff advises that FERC has no authority over siting and therefore cannot answer the questions about property values.  That is true.

Let's end with this:  "the Commission's role in this type of proceeding is mostly limited to regulating the transmission rates associated with proposed facilities..."

Indeed.  I think that was Representative Bartlett's point.
12 Comments
bh link
5/26/2011 07:16:54 am

This is classic regulator pass-the-buck obfuscation. We're helpless and can't do what you want us to do, but we won't do what we are legally required to do.

And we aren't accountable to anyone.

This is how we make energy policy in this country. The power companies do everything behind closed doors (ex parte anyone?) and then the regulators wring their hands and claim they don't really have any power to change anything.

What a sock puppet.

Reply
Da Hillbilly
5/26/2011 06:29:48 pm

WHAT A JOKE! Who's minding the store??? A Federal agency blowing off A state Representative is inexcusable! Here we have someone who is actually trying to represent the citizens and we have a Fedral agency saying we can't do anything about it. Not even be accountable to answer the questions. This is a grossly appalling example of pass the buck on and on and back and forth until the waters are so murky nobody can find anything. Well ... I have a feeling Bartlett will not rest on this one. The people of Maryland WON'T let that happen!

Reply
b-i-n-g-o
5/26/2011 07:08:28 pm

PATH + fraud. now there's a great sherlock holmes moment by FERC. Waaandy probably cried himself to sleep last night.

Reply
bh link
5/27/2011 02:47:15 am

I did like the way Wellinghoff worked the word "fraud" in there, when no one else had mentioned it before.

Reply
Pond Scum
5/27/2011 05:53:49 pm

If it walks like a duck and quacks like a duck, it must be a DUCK! (or fraud)

Reply
Scrooge McDuck
5/27/2011 08:49:27 pm

QUAAAAAAAACK! Watch me swim through my piles of rate payer money! QUAAAAAAAAAAAAACK! I love a good fraud!

Reply
JustMe
5/30/2011 09:43:54 am

ACTUALLY, the Chairman was quite diligent in his reading of the Formal Challenge. Page 5, Demand #7 and footnote 7 quite clearly provide a whole string of Energy Policy Act violations that alone or in combination, amount to fraud. The Challengers provide ample evidence of these behaviors throughout their opus.

Wellinghoff's inclusion of the word "fraud" ties this all together rather neatly, I think. Seems Mr. Wellinghoff is stepping up to his predecessor's statements (Kelliher's statments about the FERC's enforcement power over fraud -- a type of market manipulation -are part of the quote in the footnote)-- Punishable by the fines and penalties the Challengers suggest in item #7.

Also, Challengers brought up violating consumer protection laws in footnote 116. Fraud is in that category as well and each state has its own definition under its consumer protection laws. I don't think PATH can slip out from under this - particularly now that the Chairman seems comfortable with the connection between the activities complained of and 'fraud.'

In fact, if Wellinghoff sees the connection so clearly, it may be time for him to shake some trees at his Investigations Unit to see if anything falls out (Perhaps he could peek into early May of 2010? -- or was it 2009?).

I think the Challengers more than adequately made a case for "a scheme or artifice meant to defraud made with the requisite scienter." ['scienter' means: "Knowingly. Guilty knowledge that is sufficient to charge a person with the consequences of his or her acts."] The PATH guys are the definition of guilty knowledge of their nasty schemes!

These are FERC's own words and standards...the Challengers properly invited FERC to use its independent authority over this kind of very bad behavior...now the Chairman has confirmed that "fraud" is a part of this case. I'm just sayin'...

(BTW, so sorry I was too hammered with other commitments to come to the party, but I did spend this Mem. Day weekend in the magnificent mountains of WV - truly almost heaven - and thought about y'all and your contributions to keeping it that way.)

Reply
JustMe
5/30/2011 09:51:30 am

And just another question that came to me. If PATH is reimbursed for the cost of abandoned projects, can the ratepayers take title to the property that PATH would then own without having paid a penny for it? (Thinking most specifically about the Kemptown Substation farm). . . just putting that out there for you brilliant minds to ponder.

Reply
Keryn
5/31/2011 05:33:23 am

So, how was the big weekend, JM? Did it drive you nuts to be completely out of touch? Since you missed the party... we'll have to do a get-together sometime soon to celebrate. Just got the new patio finished... and it needs to be christened. I'll send you an email when I get something planned. Not exactly mountain paradise, but it IS WV and cell phone reception is guaranteed to be really crappy.... but it's a lot closer!

I believe the way abandonment works is that they would have to sell the property and credit the proceeds back to the project. We know nobody is going to pay one tenth of what they spent to get that property, so get in line and make a bid. C.A.K.E.S. Park?

And they're only reimbursed if project costs are prudent and abandonment is through no fault of their own.

Ha hahahahahahahahahahaaaaaaaaaa! :-)

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Da Hillbilly
6/1/2011 05:15:26 am

SEVERAL new parks? ... HMMMMMM?

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JM
6/1/2011 09:03:38 am

Remember my fixation on dreams? Well, its time to make them take shape into reality. Can anyone say "Dream Team?" Workin' on it... :) I like the park idea but y'all know me. I think BIG and BIG does not have to mean destroying the view or environment...nor does it mean cost to ratepayers...just sayin' I think our biggest enemies are the really bad (totally sorry-a**)consultants and lobbyists who are a net loss to energy leadership...as you, Keryn, have shown. Just want to make a one-time once-in-a-lifetime shout out to either FirstEnergy or Consetellation, or any one of them BIG GUYS who wants to take the lead in some really good ideas. I'm available for a lunch date, but no flunkeys and no fake hair (sorry MM, you are out). After that, back to the war. Didn't we have a contact at a really hot french place in Georgetown? Going once... going twice...

Reply
Keryn
6/2/2011 09:32:25 am

Did you just use the words "FirstEnergy" and "really good ideas" in the same sentence? How silly!

Ummm..... you had to mention the French place, didn't you? Best lunch I've had in... forever! Make sure Martin charges them double -- it will pay for my lunch :-)

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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