The wheels have started to come off Clean Line Energy Partners' Grain Belt Express project Crazy Train in Kansas. Ut-oh, Grain Belt Express! That's what happens when you try to rush your project through approvals without allowing public participation.
As you may recall, notice to affected parties was carried out in a rather haphazard fashion at the last minute, the Kansas Corporation Commission staff misinformed the public about their rights to participate in the legal process, and Clean Line was beating the KCC like a rented mule.
At a public meeting early this week, the Commissioners discussed the outstanding petitions to intervene from pro se individuals, a landowners' group, local government and an electric co-op.
As you may recall, notice to affected parties was carried out in a rather haphazard fashion at the last minute, the Kansas Corporation Commission staff misinformed the public about their rights to participate in the legal process, and Clean Line was beating the KCC like a rented mule.
At a public meeting early this week, the Commissioners discussed the outstanding petitions to intervene from pro se individuals, a landowners' group, local government and an electric co-op.
The KCC voted to allow all of those wishing to intervene to do so but directed its staff to draft a letter explaining to the interveners that they would have to articulate a specific interest that is affected by the case and asking them to clarify what they want the KCC to do. If the interveners fail to do that, the KCC could elect not to allow them to speak at the relevant hearing in October.
It sort of reads like the KCC couldn't be bothered to make an actual decision at the meeting, but is expecting to do so as the case winds its way through pre-hearing conferences and evidentiary hearings. Although it may read like the Commissioners are affording a chance to be heard to these intervenors, it's actually a baited trap for the intervenors, who can be silenced or have their party status revoked at any time. Maybe that's because:
Normally, landowners are represented by an attorney who is familiar with KCC procedures, but this case is unusual in that some landowners are choosing to represent themselves, KCC spokesman Jesse Borjon said, adding the letter would provide landowners some guidance about how to pursue their part in the case.
KCC Chairman Mark Sievers said some of those who asked to intervene had used “boilerplate” language that didn’t clearly explain how their rights would be affected by the proposed siting.
Sievers also suggested the KCC adopt a procedural order to calm proceedings where members of the public were noisy, applauded and created a “circus atmosphere.” The order cited regulations requiring people presenting to the KCC to follow the same rules of decorum as attorneys in courtrooms, and said people who failed to do so could be denied the opportunity to speak.
A circus, you say? Oh, that's what all the PSCs say when faced with pro se individuals protecting their legal interests. Scary, isn't it? Don't worry, KCC, so far all pro se individuals participating in transmission line cases have behaved like ladies and gentlemen, not circus monkeys.
The KCC also had concerns about:
The KCC also had concerns about:
Sievers also said parties “trying their case in the press” had become a problem, but Commissioner Thomas Wright raised the point that rules against discussing a case in the media exist to prevent potential jurors from developing prejudices in cases they could be called on to decide. The commissioners determined talking to media therefore wasn’t likely to be misconduct in its cases.
And then a non-party began trying their case in the press for real. Check out the 2-page spread that appeared in the Russell County News. Page 1. Page 2.
Grain Belt Express has been routed through someone's oil field interests. Notice was not given to this business. This could cost GBE millions!
So, what does Grain Belt Express do? They have a big tantrum and demand that the KCC reconsider its decision to allow the parties to intervene. They accuse the KCC of not ordering what was discussed at the public meeting. Not too smart.
Clean Line Energy Partners' actions are getting pretty desperate, and their public and legal dialogue is increasingly shrill. That's what happens right before a badly conceived transmission project dies. Adios.
Grain Belt Express has been routed through someone's oil field interests. Notice was not given to this business. This could cost GBE millions!
So, what does Grain Belt Express do? They have a big tantrum and demand that the KCC reconsider its decision to allow the parties to intervene. They accuse the KCC of not ordering what was discussed at the public meeting. Not too smart.
Clean Line Energy Partners' actions are getting pretty desperate, and their public and legal dialogue is increasingly shrill. That's what happens right before a badly conceived transmission project dies. Adios.
RSS Feed