Ameren's transmission spin-off (ATXI) has been trying to build a 345-kV transmission line on new right of way in Missouri for several years. The project was ordered by Midcontinent Independent System Operator (MISO), the federally regulated regional transmission organization for the area.
Strong opposition from affected landowners developed, organized as Neighbors United. The issue was hashed out at the Missouri Public Service Commission, with the PSC ultimately issuing a conditional approval for the project. Missouri has a unique state statute that requires the consent of county commissions in affected areas to allow the transmission line to cross county roadways before a permit can be issued by the PSC. The PSC's conditional approval required ATXI to acquire county consent before beginning construction. When ATXI approached the counties for consent, they were rejected. Neighbors United put intense pressure on their county commissions, and the commissions stuck with the wishes of their constituents.
But there was ATXI, ordered to construct the project by MISO, and they could not simply give up. So ATXI filed lawsuits against each county commission attempting to force consent though the court. Meanwhile, Neighbors United legally challenged the PSC's grant of a permit before receiving county consent, and won. The Court of Appeals ruled that county consent was a prerequisite to PSC approval and must come before a permit was issued. The Court vacated ATXI's conditional permit. Victory to Neighbors United!
However, ATXI was still faced with MISO's order to construct. A compromise has been proposed. ATXI held a press conference yesterday to announce a re-route of the Mark Twain transmission line that would "largely use existing rights-of way." The new proposal is to wreck and rebuild existing circuits owned by others on taller steel monopoles that also carry the new Mark Twain line. A whole new group of landowners will be affected by the rebuild, with something like 12 miles of new greenfield line still being needed to connect to proposed substations. The new proposal was supported by state legislators who participated in the press conference.
ATXI says it will now seek county assets for the re-routed line, and then present the new route to the PSC. If the counties assent to the new route, then ATXI will drop its lawsuits against the counties, and the original route is off the table. However, if the counties hold firm and refuse to grant assent for the new route, ATXI will pursue the lawsuits and the original route. The county commissions are now faced with some really hard choices:
1. Grant assent for the new route and preserve their authority.
2. Refuse assent and risk losing their authority through the courts, or future legislative action, and possibly ending up with the originally proposed greenfield route.
Can compromise be achieved in Missouri? The counties and Neighbors United aren't saying anything just yet. Newly affected landowners are the wild card. How might they think about the proposal? ATXI says it will hold new open house meetings next month to get their feedback.
How much more compromise might the landowners be able to get out of ATXI that may reduce the remaining greenfield segments? Of course, compromise is a two-way street, and compromise is often the only workable outcome in pitched transmission battles. Without MISO cancelling the Mark Twain project, ATXI has no option but to keep trying to construct it. Can the PSC force MISO to re-think the project, or has that ship sailed when the PSC approved the need for the project the first time it issued a conditional permit?
Interesting battle to follow. One thing's for sure... building new greenfield transmission is harder than ever. It's pretty near impossible to simply run over landowner opposition anymore. If transmission really needs to be built, compromise and workable plans must be first on the table, not a secondary last resort. Working with affected communities and landowners to craft the first proposal, instead of approaching them with a fait accompli, is what works. But transmission owners continue to choose the wrong approach every single time. It remains to be seen what newly affected landowners in Missouri think about the re-route, and whether they can organize and raise money for a long, expensive defense against rebuilding an existing line.
Strong opposition from affected landowners developed, organized as Neighbors United. The issue was hashed out at the Missouri Public Service Commission, with the PSC ultimately issuing a conditional approval for the project. Missouri has a unique state statute that requires the consent of county commissions in affected areas to allow the transmission line to cross county roadways before a permit can be issued by the PSC. The PSC's conditional approval required ATXI to acquire county consent before beginning construction. When ATXI approached the counties for consent, they were rejected. Neighbors United put intense pressure on their county commissions, and the commissions stuck with the wishes of their constituents.
But there was ATXI, ordered to construct the project by MISO, and they could not simply give up. So ATXI filed lawsuits against each county commission attempting to force consent though the court. Meanwhile, Neighbors United legally challenged the PSC's grant of a permit before receiving county consent, and won. The Court of Appeals ruled that county consent was a prerequisite to PSC approval and must come before a permit was issued. The Court vacated ATXI's conditional permit. Victory to Neighbors United!
However, ATXI was still faced with MISO's order to construct. A compromise has been proposed. ATXI held a press conference yesterday to announce a re-route of the Mark Twain transmission line that would "largely use existing rights-of way." The new proposal is to wreck and rebuild existing circuits owned by others on taller steel monopoles that also carry the new Mark Twain line. A whole new group of landowners will be affected by the rebuild, with something like 12 miles of new greenfield line still being needed to connect to proposed substations. The new proposal was supported by state legislators who participated in the press conference.
ATXI says it will now seek county assets for the re-routed line, and then present the new route to the PSC. If the counties assent to the new route, then ATXI will drop its lawsuits against the counties, and the original route is off the table. However, if the counties hold firm and refuse to grant assent for the new route, ATXI will pursue the lawsuits and the original route. The county commissions are now faced with some really hard choices:
1. Grant assent for the new route and preserve their authority.
2. Refuse assent and risk losing their authority through the courts, or future legislative action, and possibly ending up with the originally proposed greenfield route.
Can compromise be achieved in Missouri? The counties and Neighbors United aren't saying anything just yet. Newly affected landowners are the wild card. How might they think about the proposal? ATXI says it will hold new open house meetings next month to get their feedback.
How much more compromise might the landowners be able to get out of ATXI that may reduce the remaining greenfield segments? Of course, compromise is a two-way street, and compromise is often the only workable outcome in pitched transmission battles. Without MISO cancelling the Mark Twain project, ATXI has no option but to keep trying to construct it. Can the PSC force MISO to re-think the project, or has that ship sailed when the PSC approved the need for the project the first time it issued a conditional permit?
Interesting battle to follow. One thing's for sure... building new greenfield transmission is harder than ever. It's pretty near impossible to simply run over landowner opposition anymore. If transmission really needs to be built, compromise and workable plans must be first on the table, not a secondary last resort. Working with affected communities and landowners to craft the first proposal, instead of approaching them with a fait accompli, is what works. But transmission owners continue to choose the wrong approach every single time. It remains to be seen what newly affected landowners in Missouri think about the re-route, and whether they can organize and raise money for a long, expensive defense against rebuilding an existing line.
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