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Special Purpose Development Corporations Are Just Another Way to Steal Your Land

5/19/2014

3 Comments

 
Congratulations, Mayberry!  Your entrenched opposition to Clean Line Energy Partners' transmission projects across the Midwest has pushed the company into the untenable position of having to perform massive eminent domain condemnations and takings.  Of course, this would never be allowed to happen in reality.  The political and public opinion costs would simply be too high.  As well, Clean Line has not been successful in convincing all state regulators to grant it the ability to effect eminent domain takings.

Check mate!

Clean Line Energy's only hope at this point is to try to trick you into supporting a new scheme to steal your land.

Last year, Clean Line sycophants at the Center for Rural Affairs and the Natural Resources Defense Council, along with other "big green" and "big wind" players, published a self-aggrandizing "report" they arrogantly dubbed "America's Power Plan" (although no actual "Americans" were involved in its creation).  In Clean Line's sponsored "plan," the important folks discussed several new ways to steal your land using eminent domain so that they wouldn't be forced to commit massive eminent domain takings.

One of the ways Clean Line wants to steal your land is called a "Special Purpose Development Corporation" ("SPDC").  A SPDC is a government-sponsored legal entity created especially to become the "bad guy" in an eminent domain situation.  Instead of Clean Line stealing your land, a government-blessed SPDC will steal your land and sell it to Clean Line.  The SPDC and the government that operates it will also profit in the transaction, paying itself a portion of the proceeds from the sale of your land.

Here's how it works:

1.    State or local government, or even a private corporation with government-granted eminent domain power, forms a SPDC for a particular purpose, such as securing new transmission line rights of way across private property.

2.    Landowners in the target area are given a choice:

        a.  Voluntarily deed their land over to the SPDC in return for "shares" in the corporation.
        b.  Refuse to voluntarily turn over your land and have it taken by the SPDC via eminent domain.  You will not receive any "shares" in the corporation.

       This allows your friends and neighbors who choose to join the SPDC to force you to sell your land for their personal profit.

3.    Once all land is acquired, the SPDC sells it to Clean Line and distributes the proceeds to the "shareholders" of the corporation, after first paying all sorts of legal, financial and management fees for the corporation and the costs of its employees.  There is no guarantee that a landowner's "shares" in the SPDC would be worth more at the end of this game than the landowner could expect to receive through traditional eminent domain processes.

It's all just a scam to encourage communities and local governments to take the fall for Clean Line's unconscionable land grab.  It pits neighbors against neighbors in local communities and causes local strife.  It absolves Clean Line from the consequences of its greedy action.

Don't be fooled by legal gibberish, fantastic promises of incredible riches, or empty claims of "better deals."  Just say "no" to Special Purpose Development Corporations.

The coordinated and knowledgeable opposition to Clean Line across eight states CAN stop these projects.  Hold on to your land -- you will be glad you did when Clean Line folds its tent and slinks back to Texas with its tail between its legs.
3 Comments

Yes, In Your Back Yard!

5/15/2014

0 Comments

 
From the "better idea than PATH" files:

An independent company has received state approval to build a 750-MW natural gas fired electrical plant in Loudoun County, Virginia.  The plant is expected to help fuel Northern Virginia's many energy hog data centers.
Virginia regulators have approved construction of Panda Power's proposed 750-MW Stonewall natural gas-fired plant to be located south of Leesburg.

The project was strategically sited in one of the fastest-growing counties in the US, Panda said. The region is home to the Dulles Technology Corridor, a national hub for data storage, defense and technology companies. Dominion, the utility serving the region, said recently that demand from the facilities is expected to reach 1,000 MW annually in 2017.

The project would reduce Virginia's reliance on imported power to fill the gap between in-state production and load growth, Panda said.
0 Comments

Can Grain Belt Express Keep its Big Promises to FERC?

5/14/2014

2 Comments

 
Clean Line Energy Partners is making a big deal out of FERC's conditional authorization of its proposal to negotiate rates for its Grain Belt Express project.  Of course, this isn't surprising -- Clean Line has shown great expertise in "miscommunicating" the actual meaning of its regulatory activities in an effort to make it appear that regulators and other entities "approve" of its project, or require it to be built.

What is surprising is that Clean Line has chosen to further its "miscommunication" that its project capacity is only available for transmission of wind energy.  You'd think they might be thankful to have dodged the discrimination bullet for the time being and show more decorum, but no, not Clean Line.  It appears that the company has interpreted FERC's action of kicking the discrimination can down the road to mean that FERC won't enforce its own regulations later, or simply doesn't care.

Clean Line's press release claimed:
The Grain Belt Express Clean Line (Grain Belt Express) is an approximately 750-mile, overhead direct current transmission line that will connect wind energy from western Kansas with utilities and customers in Missouri,  Illinois, Indiana and states farther east.

Receiving this authority will allow Clean Line to sell transmission capacity to potential customers of the project, including utilities and other load serving entities or clean energy generators.

The Grain Belt Express is estimated to enable more than $7 billion of investment in new wind farms.  Clean Line recently issued a Request for Information (RFI) to wind generators in the western Kansas
region, and results confirmed the need for transmission to access larger markets for renewable energy.  Developers of wind projects totaling over 13,500 MW of potential capacity shared information on high
capacity factors and cost-competitive wind energy prices. The combined capacity of these wind projects under development could fill the Grain Belt Express line over three times.
So, what are you saying here, Clean Line?  That "clean" wind energy will fill your project over three times before you allow any competition from other generators?  Naughty, naughty!

Back in March, when GBE's FERC application was still pending, the Missouri Landowners Alliance filed a protest, informing the Commission that GBE had been soliciting interest in its project exclusively from wind generators in contravention of FERC's open access policies.  FERC requires transmission owners to provide non-discriminatory transmission access to prevent gaming of electricity markets.  A transmission owner is like the highway toll collector, and may not pick and choose which cars can use its road as that would allow the toll collector to give preference to the cars that increase its market share, profits, or any other criteria it values.  Therefore, GBE must offer its capacity to ALL generators equally, not just those producing electricity at wind farms.

In response to the protest, FERC said:
We find that Landowners’ concerns are based on speculation as to Grain Belt Express’ solicitation efforts, which Grain Belt Express  has not fully implemented. Grain Belt Express has not proposed in its application, and we do not approve, selection or ranking criteria based upon the type of generation that a potential transmission customer might seek to interconnect. That Grain Belt Express has posted an inquiry about potential wind development in Kansas does not prove that Grain Belt Express intends to exclude other resources, and it is premature to judge now the totality of its solicitation efforts. As Landowners have recognized, the Commission has previously disapproved of a proposal that would include a preference for renewable resources as part of a transmission owner’s open season criteria where the transmission owner did not justify such preference. [Rock Island Clean Line] As discussed elsewhere in this order, Grain Belt Express is required to make a filing after the conclusion of its solicitation process that demonstrates compliance with the commitments made in its application, and any concerns that Grain Belt Express has unduly discriminated against non-wind resources can be addressed in that proceeding.
FERC has merely kicked that can down the road for the time being.  FERC's Order is only a conditional authorization for GBE to negotiate to sell capacity, contingent upon the company making the required compliance filing after it sells its capacity.  In that filing GBE bears the burden of proving that it complied with its own plan to publish broad notice of its project to ALL generators, and that its selection of customers was non-discriminatory.

FERC's "approval" ain't no big thing.  Any legal monkey could have concocted a "plan" to negotiate transmission rates using prior FERC orders.  As more than one lawyer has told me, creating legal filings is mere mimicry of prior filings that were successful.  The real "approval" from FERC may only come after GBE has properly conducted its negotiations as per the plan and made its compliance filing without attracting protests or complaints that GBE discriminated against certain customers.  Good luck there, Clean Line ;-)

Of course, authorization to negotiate rates does not equate to the ability to do so.  GBE still needs approval from every state in which it intends to build its project, including Missouri and Illinois.  It needs to put a real price tag on the cost of its project so that the fantastical business plan can generate profits by selling its service.  It needs some customers, either generators (that don't exist), or utilities wanting to buy power from the non-existent generators.  It has none, and is not actively seeking any at this time.
“FERC’s jurisdiction is pretty much limited to making sure that the process of selling transmission rights is open and transparent and non-discriminatory,” said Mark Lawlor, director of development for Clean Line Energy. “To make sure we aren’t building lines to give some competitors an advantage that others don’t have access to.”
Company officials don’t expect the line to go into commercial operation until 2018, but with FERC approval the company can begin talks with potential customers, Lawlor said.
The exact method for selling capacity on the line or how it will be priced hasn’t been determined, he said.
In the meantime, the company continues to work its way through state regulatory processes, he said.
This is not a "federal approval" for GBE's project.  Words on paper need to be followed through with actual deeds.  Do you think Grain Belt Express will be able to deliver on its promise to FERC?
2 Comments

Tennessee Congressional Delegation Gives Clean Line the Stinkeye

5/14/2014

14 Comments

 
It looks like the cat is out of the Clean Line Plains & Eastern bag.  Now these Texas snake oil salesmen and their filthy rich foreign investors will no longer be able to operate their scheme under the public radar without scrutiny.  A U.S. Senator and Representative from Tennessee have examined Clean Line's business plan and don't seem to like it.

The elected representatives are taking their responsibilities to provide oversight of federal action seriously.  The congressmen believe they should have a say in the matter because Clean Line's preferred customer for its Plains & Eastern line is federal power marketer Tennessee Valley Authority (TVA). 
Senator Alexander said, “It’s up to the TVA board to decide what kinds of electricity to generate and purchase. But it is the responsibility of members of Congress to provide oversight to TVA policies, and these questions are part of that oversight.”
The TVA recently extended a "Memorandum of Understanding" with Clean Line.  The MOU simply states that the TVA will study a possible interconnection with its system and consider Clean Line's idea in its integrated resource plan, due later this year.  It does not obligate TVA to buy power.  It's really a pretty worthless document -- lots of fluff and bluster about "clean" energy and absolutely no substance.  But, that was probably Clean Line's intent in the first place -- to give the impression that TVA was an eager customer, even though that's just not true.  It doesn't matter what the actual document does or says, it's all about appearances.  Clean Line has used it as something to drop into regulatory applications, public meetings and press releases.... "Clean Line's MOU with the TVA."  Oooooh!  Lots of acronyms, must be important... not.  It's exactly what it appears to be, there is no mystery.

It appears that no one has bothered to inform the representatives that Clean Line is also attempting to utilize Sec. 1222 of the federal 2005 Energy Policy Act to grant the company federal eminent domain power to condemn land for its 750-mile transmission line through Oklahoma, Arkansas and Tennessee.  I think the representatives could be even more effective asking the U.S. Department of Energy questions about this federal process.  This is certainly within their jurisdiction.

But, for now, the reps have set their sights on asking the TVA the hard questions, such as:
1)      Does purchasing electricity from this distance increase security threats to the TVA’s power supply? Former U.S. Secretary of State George Schultz has said we should pay attention to generating more energy where we use it because of national security risks.

2)      What is the cost of purchasing wind electricity compared to TVA generating or purchasing other types of electricity generation?

3)      There is substantial opposition in Congress to the wind production tax credit. Will TVA ratepayers be at risk of increased rates if the wind production tax credit is not renewed?

4)      What is the reliability of purchasing wind power as compared to other types of electricity generated by natural gas, nuclear, coal, or hydropower?

5)      TVA’s peak power demands tend to be between 4 p.m. and 7 p.m. and wind tends to mostly blow at night. How does wind power fit into TVA’s overall demand structure if the electricity isn’t being produced when TVA needs it the most?

6)      At a roundtable in September 2013, hosted by Senators Corker and Alexander, you said that TVA didn’t need additional electricity generation capacity as the result of reduced electricity demand. Has this projection changed?

7)      If the projection for TVA’s electricity demand has changed since September 2013, does it make more sense to purchase this wind power from Clean Line Energy Partners, to build additional nuclear capacity, or to build additional natural gas or coal capacity?

8)      Does Clean Line Energy Partners’ proposal require the use of eminent domain in order to acquire any right-of-way for this project? How many land owners or homeowners will be impacted by the use of eminent domain, what specific lands will be acquired and where are they located?

9)      Can you explain how Clean Line Energy Partners plans to compensate any landowners or homeowners who are affected by eminent domain?

10)  How will the price of compensation be determined? Does Clean Line Energy Partners have a specific formula when compensating for land purchased under the use of eminent domain?

11)  What funding stream will Clean Line Energy Partners use to compensate landowners and homeowners for the land purchased under eminent domain?
In response, Clean Line's spit-tastic president, Michael Skelly, tried some of his best arrogance to insist that his project was the best option for the TVA.  He even included some prices that are pure speculation.  Senator Alexander wasn't impressed.
"TVA should and will make a decision that is in its best interests, but we believe this would provide a clean, reliable and cost-competitive source of power that would not increase in price over the next 25 to 30 years," said Mike Skelly, founder and president of Clean Line Energy.

Clean Line estimates the wind power could be delivered to TVA for 4 cents to 6 cents per kilowatthour, which would make it generally competitive to other new sources of energy for TVA.

But Alexander questioned whether TVA needs more power with the slowdown in the growth of electricity demand. He also questioned whether wind would become more expensive if federal production credits given for new windmills are not extended.
It's about time someone with authority lets a little sunshine into Clean Line's uneconomic business plan.  There's been entirely too much secrecy and too many closed door meetings with the federal government over the past 5 years.  The representatives deserve the thanks of all affected landowners across three states who have been threatened by this company.  Please let them know what you think:

Senator Alexander


Representative Fincher


And be sure to connect with the grassroots group organizing against Clean Line in Arkansas -- Arkansas Citizens Against Clean Line Energy.
14 Comments

Another FERC Nomination Battle Looms

5/14/2014

0 Comments

 
It looks like there's a new wrinkle in Obama's latest nomination for FERC Chairman.  Norman Bay, the current Director of FERC's Office of Enforcement, was nominated after last year's Binz bungle.  The Senate will hold confirmation hearings on Bay's nomination this month. 

Binz got raked over the coals *heh* by the Senate, and our dear Senator Manchin sided with his friend coal, effectively killing Binz's nomination.  I wonder how Norman Bay feels about coal?

But, coal may be the least of his worries, as it appears he has a different group of folks opposing his nomination.

Did Obama's New FERC Nominee 'Criminalize' Energy Regulation? (Forbes)

Going Public: Powhatan Energy Fund’s "Insurance Policy" Regarding FERC Enforcement’s Non-Public Manipulation Investigation Into The Fund’s "High-Frequency" PJM Trading Activity (Mondaq)

With confirmation hearing set, Obama's pick to lead agency faces uncomfortable questions (E&E)

The Investors at War With Political Power:
How a once-obscure federal agency targeted two brothers, and what happened when they decided to fight back in the age of Obama
(Wall Street Journal)

If You Have a FERC Problem, Maybe Don’t Hire a FERC Lawyer (AboveTheLaw)

FERC’s Prosecutorial Tactics (Cato Inst.)

Read more here.
Well... ut-oh.
0 Comments

Attention "Stakeholders":  Don't Miss PJM's Annual Cartel Cotillion This Week!

5/13/2014

1 Comment

 
Remember, little ratepayer and property owner, you're a PJM "stakeholder," too, and you should be participating in the planning process that at some point in the future may require you to sacrifice a right of way through your private property, or pay for big, new transmission lines of questionable benefit to you.

It's another hot time at the expensive, luxury hotel for our "stakeholders," where market power players and their toadies will be turning out in their best "resort casual" wear to partake in free leisure activities sponsored by the corporations that make big profits from the cartel.
You are cordially invited to attend the 2014 PJM Annual Meeting of Members to be held at the Hyatt Regency Chesapeake Bay. Please note that the dress code is “Resort Casual”. The program will be similar to last year's event starting on Tuesday, May 13 with registration and an Opening Reception and ending on Thursday, May 15 with the Members Committee meeting and buffet luncheon.

On Wednesday, May 14 we will have the General Session followed by lunch and leisure activities. Thanks to the generosity of our sponsors, each attendee may select one leisure activity at no cost to themselves. The following leisure activity selections will be available for choosing onsite at the registration desk and will be filled on a first-come, first-serve basis.

Golf
Spa
St. Michael’s Winery/Tour
Fishing
Biking
Kayaking
They forgot to add extracting obscene profits from consumer pockets, but maybe that's not a leisure activity; instead it's one that requires hard work.

So, what do the PJM aristocracy do at these meetings, when they're not participating in leisure activities, receptions and luncheons?
They review the past year of incumbent electricity conglomerate rule.  They "train" your Consumer Advocates.  They eat dinner and hand out golf awards.  Then they have entertainment night with desserts.*  I think it would be pretty entertaining to give a couple of sponsor CEOs a pie in the face, but that's probably not what PJM has in mind.  They also allow the well-funded environmental elite to perform a song and dance for the assembled dignitaries, but no one really pays any attention to it, although that never stops the "public interest group" PIGs from believing that this year's production will be the one that convinces everyone to pay even more for "clean" electricity. 

So much glib self-congratulation at your expense, so little time.  If your electric supplier is one of PJM's meeting sponsors, run (don't walk!) to sign up for one of the free leisure activities.  You're probably paying for it in your electric bill anyhow, might as well enjoy.

And what are the worker bees doing at PJM while the lords and ladies play on Maryland's Eastern Shore?  They're holding PJM's annual capacity market auction, where the prices consumers will pay to have generation resources available in 2017-2018 will be determined.  Where prices may end up seems to be a matter of opinion.  Incumbent generators have been plagued by low prices in previous auctions.  PJM's market monitor says the capacity market is broken and has championed several changes that have been recently approved by FERC to raise prices. 

PJM has instituted a limit on imported capacity that is supposed to stop the flood of bids from generators in other regions that have been gaming the market by receiving revenue for resources they can't deliver, or resources controlled by other regional operators (yes, big wind, they're talking about y-o-u).  Oh, go ahead, read more about it here, but first a little mood music to help you prepare.  Sorry about that, but it was actually a pretty concise explanation of PJM's reasoning for the CIL.

The other change is supposed to "result in the more efficient and flexible use of demand response," but will probably just drive some resources from the market altogether.  Because demand response lowers overall demand at times of peak use by paying participants to reduce their load, this means that more actual generation capacity will be needed.


But some generators aren't optimistic that the changes will do much to raise prices enough to satisfy their greed and save their bacon.  Some generators seem to want more.

And if you think all this capacity auction stuff is about as exciting as watching paint dry, you're not alone.  This blogger so thoughtfully compares PJM's capacity markets to steroids in baseball so that we can understand it:

PJM admits that steroids are endemic to the game but then recalculates the final score of the game based on what they believe the outcome would have been if the players were not on steroids.
Maybe PJM should just be doing more of this, and less of this.

*Update!  PJM has changed its agenda today.  It no longer says "Entertainment night with desserts."  Now it says "Dessert Reception and Lawn Games."  I guess FirstEnergy showed up with the
1 Comment

Another Quarter, Another FirstEnergy Management Disaster

5/8/2014

2 Comments

 
Another excuse-filled, poor performance, quarterly earnings call from FirstEnergy on Tuesday.  How much longer can this company continue to flounder and still stay in business?

The basic story goes like this:  Despite a big profit from the cold weather in January & February, company mismanagement frittered it away.  The Plain Dealer provides a good summary of FirstEnergy's disappointing performance.
FirstEnergy lost two large power plants during January's arctic-like weather -- the 2,490-megawatt coal-burning Bruce Mansfield plant in Shippingport, Pennsylvania, and right next door, one of its 900-megawatt nuclear reactors at its Beaver Valley power plant.

And then the company found it could not buy natural gas for its 545-megawatt gas turbine plant in Lorain. The shutdowns and inability to buy gas forced the company to buy power on the regional grid -- just as wholesale market prices soared.

Power purchases during the 10 days of sub-zero January weather knocked down earnings by 13 cents per share, Leila Vespoli, chief legal officer and executive vice president of markets, told financial analysts during a public teleconference Tuesday and now available on the company's website.

She said power purchases over the entire quarter reduced earnings by a total of 23 cents per share.

Then extra charges levied by PJM Interconnection, the manager of the grid in Ohio and 12 other states, nicked another 10 cents per share out of gross profits, she said, though the company is planning on recovering about half of that from commercial and industrial customers.
This is all despite FirstEnergy's desperate attempts to restructure debt and raise cash over the past year through the sale of hydro assets, and the transfer of its unregulated Harrison power station to its WV regulated subsidiaries for a billion dollar payday.  FirstEnergy still has little cash, and a mountain of looming debt.

FirstEnergy's competitive retail business continues to drag it down, despite an effort to reposition all its eggs in the regulated basket.  It wasn't too long ago that FirstEnergy was all giddy over beating AEP on all the consumer "shopping" going on in the state of Ohio.  Tony the Trickster bragged through previous earnings calls over the number of customers signed up.  Yup, that quantity over quality race to the finish was really helpful over the long term.  When FirstEnergy goes under, Tony can tell his investors that at least he beat AEP.

FirstEnergy now brags that it has filed a rate increase in West Virginia.  The company requested an increase of approximately $96 million, or 9.3%, and an allowed ROE of 11%, an increase of .5% over current return.  Never going to happen.  FirstEnergy neglected to mention the looming General Investigation, or any other number of regulatory venues where it finds itself in hot water, and analysts were just too polite to bring up all that nastiness.

FirstEnergy also brags about its new scheme to "invest" in its transmission system, after years of neglect while chasing big, new build projects.  Just like every other shiny object in FirstEnergy history, management's concentration on transmission blinds it to reality.

And Leila still hasn't learned to pronounce the word exacerbate.
Higher prices exasperated the earnings impact of our power purchases.
I don't know about you, but I'm thoroughly exasperated by these uneducated dolts.  Their money-grubbing, desperate and questionable legal maneuvers, such as foisting polar vortex "fees" off onto fixed rate customers, are not cute or prudent over the long run.  The schadenfreude continues to build as FirstEnergy continues to burn bridges with its customers, employees and regulators.
2 Comments

Code of Conduct for Landowners

5/5/2014

2 Comments

 
Have you been perturbed by Clean Line's violation of its own "Code of Conduct" for land agents?  Are you gasping for breath in clouds of land agent smoke?  Are you unsure how to respond to the outrageous lies and pushy behavior of Clean Line land agents?  Like a lot of Mayberry denizens, you were probably raised to be polite and to take others at their word.  What is a person with morals to do when faced with outrageous land agent schemes?

Scott at RidiculousRICL has got your back.  He has so helpfully put together a Code of Conduct for Landowners to guide you.  We're pretty sure this Code doesn't cover everything, so feel free to make additional suggestions.

Scott's Landowners' Code is just as official and just as enforceable as Clean Line's Land Agent Code.  As recently admitted by Clean Line, and as I've been telling you for the last year, Clean Line's Code is nothing but a "feel good" piece of paper.

Clean Line's "Code" was copied from another transmission line fight that occurred in Pennsylvania in 2008.  In its original form, it was part of settlement of a case where the Pennsylvania Office of Consumer Advocate sought an injunction against transmission owner TrAILCo to end abusive practices.  Read the OCA's Motion for Injunctive Relief for a detailed description of harassing and coercive land agent behavior that sounds hauntingly familiar to stories of Clean Line's current tactics.  In the Pennsylvania case, the Code was enforceable by the court.  In Clean Line's case, nobody is enforcing it, not even Clean Line!

So, landowners should feel free to invent their own "code" and share it freely!
2 Comments

Befuddled Clean Line Executives Spreading "Miscommunication"

5/2/2014

2 Comments

 
Clean Line's latest public relations mantra is to accuse its opposition of spreading "misinformation."  It's a desperate, failed attempt to group its forthright and knowledgeable adversaries as unacceptable and to characterize them as liars, a propaganda technique known as "name calling."

But who is really spreading "misinformation?"  Two of Clean Line's most recent one-sided media excursions contained information and quotes from company executives that were outright lies.

First, the "miscommunication" in Arkansas Business about the Plains and Eastern Clean Line:

It has been in the works for the past half-decade and will build two lines intended to connect the Midwest’s wind resources to surrounding areas with less potential to generate wind, such as Missouri and southern Indiana. About 7,000 megawatts of power in Oklahoma would become available to surrounding states.
Clean Line quickly fell on its sword here, and the publication corrected its article to remove this reference.  Supposedly there is only ONE line on this project, with a capacity of 3500MW.  But then the company turned right around and signed a certain legal document with the same error in it!  How many lines does Clean Line intend to build, exactly?  "Misinformed" minds want to know!

The second lie was apparently just a "miscommunication" in the St. Louis Post-Dispatch editorial.  Matthew Stallbaumer from Kansas has been chasing that one around all week.  What he found was a shocking lack of honesty.  In Matthew's own words:
"Mr. Lawlor has been through this before, in Kansas, where he says the company has completed buying the land it needs for that portion of the line."

The landowners know this isn't true. But there was some hope on my end that our land would no longer be impacted, so I called the St. Louis Dispatch and spoke with Deborah Peterson, Editorial Writer, who told me she was involved with writing the editorial. She assured me that what was printed was what Mr. Lawlor communicated to her.

So I tried to call Mr. Lawlor, his reputation for not answering his phone or responding to messages is accurate, so I called Clean Line's office and waited on hold rather than leave a message. I spoke with Grain Belt Express representative Ally Smith. She admitted they are still negotiating easements in Kansas, which conflicts with Mr. Lawlor's statement, and promised to check into the situation and call me back the next day to explain how something so wrong could be communicated/printed.

Three days go by, no call back. I called Ms. Smith again, but had to leave a message, no call back. Finally, this afternoon, Ms. Smith answers her phone, she claims to have tried to call me earlier in the day (I had no missed calls on my phone) but let bygones be.

Turns out there was a "miscommunication" between Mr. Lawlor and the STL Dispatch editorial board. That was the extent of the explanation. No mention of what he really meant or said, but to me it seems pretty hard to confuse anything with owning all the property they need in Kansas. (I wonder if lies count as miscommunication, I guess one could argue they do, I wonder, was Ms. Smith miscommunicating to me?).

I asked Ms. Smith about Clean Line's Code of Conduct found on their website and these lines specifically:

I c. Do not misrepresent any fact.
II h. Do not represent that a relative, neighbor and/or friend have signed a document or reached an agreement with Grain Belt Express Clean Line.
III b. Do not discuss your negotiations or interactions with other property owners or other persons.

It's pretty evident that some if not all of those codes have been ignored by Mr. Lawlor. I asked Ms. Smith who is responsible for enforcing those codes and what the penalty is. I was asked to be put on hold. Then she made efforts to dodge the questions, instead offered that they had contacted the paper to report the error, that it may or may not be corrected, and there is nothing else they can do. I asked again who enforces the code and what the penalty is, doesn't seem like that tough of a question for a company who touts their transparency and integrity and efforts to inform every chance they get, but Ms. Smith couldn't answer the question beyond "it's a managerial process". Perhaps Mr. Lawlor will enforce the code upon himself and penalize himself. I was told I must file a complaint regarding the code and their internal managerial process would determine its merits. I thought I was filing a complaint with my initial call, but it turns out it has to be in writing. I asked whether she could file a complaint on my behalf as she is aware of the situation now, turns out Clean Line employees can't file a complaint, they aren't in a position to hold themselves or each other accountable regarding their own Code of Conduct. So, how can their managerial process result in any penalty if they can't enforce it upon themselves?

Does anyone still think Clean Line will be accountable for any other promises or statements they make to property owners, commissioners, press, politicians or investors?
Miscommunication is defined as "failure to communicate adequately."  For instance, giving your instructions in French to an employee who only speaks English.  "Miscommunication" is also a weasely synonym for not being truthful.  For instance, politicians and bureaucrats are never dishonest, they simply "miscommunicate."

In Mayberry, we just call that "lying."
2 Comments

Arkansas Says "NO" to Clean Line

5/2/2014

1 Comment

 
Another citizens' opposition group to Clean Line Energy's plan to strike it rich transmitting wind energy from the Midwest to "states farther east" has stepped into the ring swinging.

Introducing Arkansas Citizens Against Clean Line Energy and its companion social media group.  The citizens of Arkansas are banding together to block Clean Line Energy from using their land as a pass-through zone for its Plains & Eastern Clean Line project. 

The group held its first, wildly successful public meeting on April 29, with many more to come.  The group's enthusiasm has also attracted the attention of affected landowners in Oklahoma, some of whom were still unaware that this Houston-based company is planning to acquire a right of way through their property using the eminent domain process.

How could this be possible?  Because Clean Line attempts to bifurcate its permitting process to receive utility status and eminent domain authority and a determination that its project is "needed" long before any affected landowner stakeholders find out about it.  After that, Clean Line files a separate routing application to determine where to put the project, hoping to pit neighbors and communities against each other, intending that they will waste their time and energy fighting each other over placement, instead of the REAL enemy -- Clean Line Energy Partners.

Clean Line will fail when communities come together as one.
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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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