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Missouri Law Works for New Transmission Projects

9/8/2017

11 Comments

 
Clean Line and its big city environmentalist friends want to change Missouri law for their own benefit.  Changing Missouri law doesn't benefit Missouri.

The problem?  A Missouri law that has been functioning for 100 years.  Sec. 229-100 says
TITLE XIV ROADS AND WATERWAYS Chapter 229 Provisions Relating to All Roads
Section 229.100. Improvements along public roads--location--control.

229.100. No person or persons, association, companies or corporations shall erect poles for the suspension of electric light, or power wires, or lay and maintain pipes, conductors, mains and conduits for any purpose whatever, through, on, under or across the public roads or highways of any county of this state, without first having obtained the assent of the county commission of such county therefor; and no poles shall be erected or such pipes, conductors, mains and conduits be laid or maintained, except under such reasonable rules and regulations as may be prescribed and promulgated by the county highway engineer, with the approval of the county commission.
Missouri counties must assent to the crossing of their roads by linear infrastructure projects.  Missouri counties are responsible for their roadways, so naturally they have control.  Without that control, linear infrastructure projects could block, make useless, and destroy roadways that the county is financially responsible to maintain.  A transmission company could cause all sorts of problems with county roads and skip off into the night, leaving repair costs to burden county taxpayers.

When the Mark Twain Transmission project was approved subject to future county assent, a Missouri court corrected by determining that county assent must come before PSC approval.  Mark Twain found itself in a predicament.  The counties would not give assent because the Mark Twain project proposed new rights of way over county roads.  So, what did Mark Twain do?  Did they have a big, sniveling tantrum and demand that Missouri change its law to allow crossing without county assent?  No.  Mark Twain went back to the drawing board to create a better project for which the counties could give assent.

The revised Mark Twain project used existing rights of way and road crossings for its project, adding new capacity and rebuilding an old circuit.  Eminent domain for new rights of way was minimized.  While not everyone was happy, the revised project was improvement enough to receive the assent of impacted counties.  That's right... Missouri law worked as intended to allow impacted counties to have control over the crossing of their roadways, while still allowing transmission projects to be built.

The Mark Twain Transmission project is a MISO-ordered project.  MISO thinks this project is important and needed.  Perhaps it was important enough that compromise was the best path forward to achieving success.  While MISO didn't get what it originally wanted, it did eventually get county assent to build a project that achieved its goal while also compromising to create a project that the counties could approve.  This is the way the law is intended to work.  Mark Twain changed its project to work within Missouri's law, instead of attempting to repeal the law in order to build its original plan.

Missouri law works to protect Missouri.  There's no reason to toss the baby out with the bathwater and bow to out-of-state interests who don't want to follow Missouri law.

Clean Line's contention that no linear infrastructure projects can be built in Missouri with the 100-year old law in place is completely and totally wrong.  Mark Twain is proof that infrastructure CAN be built in Missouri.  It's testament that acceptable projects can be built.

The problem here is that Clean Line does not want to revise its project to become something acceptable to Missouri counties.  Clean Line has cut off all communication with Missouri counties.  Clean Line is not even trying to compromise for a win-win -- where counties are happy and projects get built.  Instead, Clean Line wants to have its own way, building its project and leaving counties with the tax burden of caring for the roads Clean Line destroys.  This is not in the best interest of Missourians.  It is only in the best interests of Clean Line, an out-of-state company with foreign investors.

Just say no to Clean Line.  Say no to its outside interference in Missouri's legislative process.  Once Missouri cedes control of its fate to the hands of outside influence, it can never be regained.

Clean Line needs to go back to the drawing board and build a better project, one that doesn't require Missouri to cede control to greedy foreign investors or urban environmental groups.  One that works for Missourians.  Put Missouri first!
11 Comments
Ernest T Bass
9/8/2017 07:50:04 am

One would think environmental organizations, like the Sierra Club would hail Ameren with praise for finding a more environmental solution. Missouri laws protected the environment, an unintended benefit of the law. Ameren deserves praise for improving the grid with a minimal environmental footprint.

Reply
Bill
9/8/2017 08:28:52 am

But Sierra kooks didn't invest in Ameren, Ernest!! Wind, good. Coal, bad. Wind, good. Coal, bad. Wind, good. Gas, bad. Wind, good. Gas, bad. Just pretend that wind doesn't exterminate eagles, hawks and bats. Sierra kooks hold the record for pretending, 25 years.

Reply
Wind blows
9/8/2017 10:02:09 am

As if Sierra Club and their ilk know how to plan and operate an electric grid? Nothing but uninformed arm chair warriors playing dangerous games with our country's energy supply. Their interference isn't welcome in Mayberry.

Reply
Keryn
9/8/2017 10:10:04 am

Sierra Club and NRDC continually look away from Missouri municipalities' option to purchase transmission capacity from Missouri into PJM. The munis will use this capacity to sell their fossil fuel based generation into other markets. This does NOT improve the environment in Missouri. It only INCREASES the burning of coal in Missouri and neighboring states. First, do no harm, environmentalists. They're so mired in partisanship and pay to play politics that they don't even realize how their own goals have been compromised by greedy capitalists posing as "environmentalists." These environmental groups are so hooked on corporate dope ($$$) to run their operations that they've become completely irrelevant and detrimental to the public interest.

Reply
Bill
9/8/2017 12:11:05 pm

I'd be very curious to see demographic data on who IS a kook or Not Really Doing Conservation. I surmise that the average salary of a proud card carrying member of either entity ISN'T the national average or even the middle class above that. I surmise that the average member, but more significantly the average member with real influence, pretty much is a product of, by and for corporate America. This is a hunch, just a hunch, but they don't look like McGovernites anymore. Moreover, look at corporate America today with respect to these issues. Coincidence? NO WAY. They got greedy at the same time that they made their government-backed investments good, moral (there's an irony), righteous, progressive, green, clean, sustainable, blah blah blah after they left mommy's mansion basement. And oh, that's big bucks for corporate America. Guaranteed. No risk of loss. We pay for the loss.

Reply
May Berry link
9/8/2017 10:17:38 am

just when you think CLEPtos can't get any lower, they cross another murky line.

Reply
Phil Brown
9/8/2017 02:42:08 pm

Review the records but I recall that the Sierra Club opposed Ameren's Mark Twain transmission line and supported the Grain Belt Express transmission line.

Reply
Floyd link
9/8/2017 04:12:25 pm

Hypocrites. Never, ever seen so many until the CLEPtos came sniffing around.

Reply
Floyd's customer link
9/8/2017 05:47:49 pm

and liars..... Don't forget that one. Liars.

Reply
Joe
9/9/2017 04:49:28 am

Clean Line is like a terrorist group. They just keep trying to impose their will on others. Every time they are defeated, they make another attack. They only have to win once. We have to win 100% of the time.

Reply
Barney link
9/9/2017 08:35:32 am

They seem to think kazillions in somebody else's money and political connections (and whatever else is going on behind closed doors) makes it all ok. It's not. Jail cells are open an' waitin'.

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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