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Kansas Landowners Fighting For Their Heritage Against Regulators and Texas Wind Speculators

10/6/2013

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This is Thomas Stallbaumer.  He and his ancestors have been stewards of this land in Nemeha County, Kansas,  since 1854.  He plans to eventually hand the care of this land over to his children, who plan to hand it to their children in turn. This picture was taken by his daughter, Kayla, as he gazed over land that has been virtually unchanged since his grandfather built a home here more than 150 years ago.
But now a company from Texas wants to build a high voltage transmission line less than a thousand feet from Stallbaumer's property.  This is what he will be looking at in the future while relaxing on his swing, if Clean Line Energy Partners gets its way.
That's hardly a fair reward for a lifetime of hard work and dedication to the preservation of this land.  The electricity to be carried by the proposed transmission towers is being touted as "clean" renewable energy for "eastern states."  Next time you easterners flip the switch to waste some of your "clean" energy from Kansas wind farms, remember Thomas Stallbaumer, sitting on his swing and wondering why Kansas regulators and Clean Line Energy Partners don't know the difference between energy that is merely renewable, and energy that is sustainable.

"Sustainable energy is the sustainable provision of energy that meets the needs of the present without compromising the ability of future generations to meet their needs." 

Renewable energy, as defined by Clean Line Energy Partners, is energy that is produced by a renewable source, even if production and delivery of that energy causes permanent harm to humans, animals, and businesses, and removes sustainable farmland from production...forever.  Clean Line Energy Partners' unsustainable energy practices force regulators to make a conscious choice of who must sacrifice so that others may benefit.  Sustainable energy requires no sacrifice.

These cheerful people are the Kansas Corporation Commissioners who will be presiding over an evidentiary hearing this week, where Clean Line Energy Partners will be spinning a web of lies and justifications for its project, and asking these people to silence the objections of Thomas Stallbaumer, and other landowners just like him all across Kansas.
In 2011, the KCC approved the power of eminent domain for a project that had no customers, proclaiming it "needed."  The Commission bought Clean Line's illogical contentions without performing even perfunctory examination of their validity.  None of the Kansans who would eventually be expected to sacrifice for this project were notified or allowed to participate in that hearing.

This year, Clean Line was back with another application, this time for a route meandering across the state, from southwest to northeast.  The only "notice" some affected landowners received occurred at a very late date, in some instances AFTER the deadline to file testimony that had already been set by the KCC.  The "notice" also misinformed landowners of their legal rights to participate in a hearing that could result in the condemnation of their real property.  Further inquiry at the KCC produced more misinformation, with landowners being told that they must hire an attorney to intervene in the case on their behalf.

And the legal errors continue.  Last week, pro se intervenors were prohibited from filing testimony because the deadline for testimony had passed nearly two months prior, weeks before the legal deadline to intervene.  Read the direct testimony of Thomas's son, Matthew, that was filed before the Order denying it.  I dare you to forget Matthew's testimony after reading it and looking at the exhibits.  Intervenors were also told that they would not be permitted to participate in cross-examination, submit exhibits or even call witnesses.  Intervenors will be limited to making opening statements and filing post-hearing briefs.  In essence, intervenors are now being limited to meaningless "participation" whereby they will not be allowed to submit any evidence that may contradict Clean Line, nor allowed to even question Clean Line's evidence.  This is not due process.  This is not justice.

The KCC is in a big hurry to make a decision on this case within an arbitrary 120-day deadline.  They have been hurried along by aggressive Clean Line attorneys who have been doing their best to ban Kansans from the proceeding.  What's the hurry on a project that has no customers and is not needed for reliability or market efficiency reasons?  Why must this project be rushed through approvals in Kansas to such an extent that the citizens are stripped of their right to participate in a legal process that could take their property?

If the KCC and Clean Line thought a quick process would avoid scrutiny, they are mistaken.  In fact, this travesty of justice has attracted nationwide attention, and will continue to do so this week as the case is heard.

Check back here for more landowner stories and updates on hearing progress.
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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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