Utilities and groups also contend that FERC is infringing on states’ rights because several states already regulate transmission planning. FERC countered that the order would not interfere with state authority, and if the state vetoed a project, it wouldn’t be built.

It is improper for any person interested in a case before the commission to attempt to sway the judgment of the commission by undertaking, directly or indirectly, outside the hearing process to bring pressure or influence to bear upon the commission, its employees, or the presiding officer assigned to the proceedings.

The Alliance is not objecting here to  everything on the two Grain Belt websites.
It recognizes, for example, that it is perfectly acceptable for Grain Belt to provide  nonargumentative factual descriptions of the Line and its supporting towers; to include maps of the alternative routes of the Line; to provide information for potential suppliers of
component parts for the line; and to address any other matter which is not likely to be a
contested issue at the forthcoming  Commission hearings.

As is apparent from all of the above, Grain Belt has engaged and continues to engage in an elaborate PR campaign designed to sway public opinion on matters which it will litigate in the forthcoming Commission proceedings. Their campaign is extensive, it is expensive, and it is professionally managed in all of its various aspects. They have even incorporated Facebook and Twitter into their PR arsenal, and added links in their website to a number of video presentations.

For example, it its Application to the FERC for approvals regarding the proposed Line, Grain Belt refers to their video "that describes the need for the Project and how Grain Belt Express will bring significant economic benefit to states through much-needed transmission expansion for new wind energy projects .... " (Exh. 23, p. 8).

This description of the Grain Belt PR efforts is not intended in the pejorative sense at all. The Grain Belt publicity campaign is undoubtedly effective, and will no doubt accomplishing two of its principal goals: to sway public opinion on the Line in Grain Belt's favor, and to thereby convince members of the public to sign on to the computer-generated letters of support which Grain Belt will file with the Commission.

The letters may have no effect at all with the Commission. However, the ultimate impact of Grain Belt's efforts should not be the deciding question here. If Grain Belt has violated the Commission's ex parte rules, their conduct should not be excused by some sort of "no harm, no foul" escape clause.

We may never know how many people in Missouri were exposed to and influenced by Grain Belt's one-sided presentation on issues which they themselves will raise later at the Commission. Nor could the Alliance ever hope to present its own position to all of the people reached by Grain Belt. Grain Belt has been waging an extensive PR campaign for about four years, and will likely win that battle.

Just how Grain Belt has gone about doing so is illustrated in materials presented at a recent conference in Houston, where participants spent two days learning various techniques for "selling" a transmission project to the public.
A copy of the initial brochure for that  conference is attached here as Exhibit 18.
As noted on the first page, the conference was held this past January, and was to be hosted by Grain Belt's parent company- Clean Line. As noted at page 3 of that brochure, the keynote speaker at the conference was to be the Executive Vice-President of Clean Line.

According to the brochure, this is a sample of what those involved with building and siting transmission lines were to learn in Houston:

• How best to utilize social media to "engage the public", including who you can expect to reach, and how to go about doing it. (Exh. 18, p. 4) Not surprisingly, an expert in social media from Clean Line was to be one of the two speakers on this subject.
• How to deal with people disparagingly referred to as "NIMBYs" and "BANANAs". Ironically, the audience at that session was also told that a driving force behind the emergence of community-based opposition groups has been the push to build more infrastructure to support more renewable energy. (Exh. 18, p. 4).
• In "Marketing to Mayberry" the attendees would learn, among other things, how to talk down to people in small town, rural America, by communicating with them "in a conversational tone rather than corporate tone ... "  Presumably, these techniques were designed with the citizens of rural northern Missouri in mind.
• "How to frame and 'sell' infrastructure projects ... ", and how to use "effective
strategies and tactics, and share in critique of on-camera training ... "
• How to deal with the media, including:  "Getting into a reporter's head"; "How to answer questions you don't want to be asked"; and how to "position" your message to the media. (Exh. 18, p. 6)
• Finally, the Executive Vice President from Clean Line was to explain "how to ensure that our stakeholders feel they are informed and part of the process". (emphasis added). Apparently, it is not important to Clean Line that stakeholders actually be informed, or actually be involved in the process, so long as they are somehow made to feel that they are.

After reading the following short description about the electricity transmission grid, nearly all Americans (99%) think that the grid is important to the United States, the national economy and their local economy.

"As you may know, an important part of our nation’s infrastructure is the electricity transmission grid. The grid is made up of transmission towers and power lines that deliver electricity from power generating sources to the distribution network and the millions of businesses and consumers across the country. It’s often useful to view the transmission grid as the “backbone” to the country’s electricity infrastructure. The pieces that make up the transmission grid are very old and outdated. More than 70% of the nation’s transmission lines are at least 25 years old."

Investing in the electricity transmission grid will ensure reliable access to power, especially during severe storms, for consumers and businesses.
Investing in the electricity transmission grid will help America’s economy by promoting job creation and economic growth.
Investing in the electricity transmission grid will help regional local, regional and national businesses grow and succeed.
Investing in the electricity transmission grid will increase competition by facilitating
access to more efficient forms of energy and thereby reducing costs.
Investing in the electricity transmission grid is important to national security.
Everyone benefits from investments in the electricity transmission grid.
Investing in the electricity transmission grid will accelerate access to all types of power.

To lower electricity prices, helping to save consumers like me money
To reduce the number of power outages, especially during severe storms, making electricity more reliable
To make a difference for future generations, including my children and grandchildren
To give businesses more reliable power and make our economy stronger
To minimize the impact of cyber security risks

• The majority of Americans (61%) prefer investing in the electricity transmission grid rather than building power-generating facilities to increase energy efficiency.

Despite agreement around the benefits of investing in the grid, Americans are divided over who is primarily responsible for actually investing in it.
• More than half (56%) say either federal (Congress) or local/state government is responsible for investing in the grid, while a quarter say electric utility companies are. Small percentages think that President Obama, consumers, or private investors are responsible.

Rock Island wants this Commission to grant its requests for a CPCN and Section 8-­‐503 order despite, among other things, (i) not having any generation, or commitments for the development of generation, to connect to the western terminus of the proposed line; (ii) not yet having any commitments for shippers, or customers, to take service on the planned transmission line; (iii) not having commitments from any equity or debt
providers to construct the Project; (iv) and not having completed interconnection studies and agreements needed with MISO and PJM.

Many along the route worry that a private company could simply take over land that in some cases has been in families for generations.

"We have sacrificed everything for this land," said Jennifer Gatrel, 33, who, along with her husband, Jeff, farms a 430-acre cattle ranch in western Missouri. "We don't go on vacation. We don't go out to eat. Everything we have is tied up in this land. The idea that somebody can come in and take it from us is appalling and it goes against what it is to be an American."

Lawlor said the company prefers not to use eminent domain and wants to reach agreements with landowners. He also cited studies showing that power lines and towers have no effect on property values.

"When they sit down and talk to us and get the information about the reality of the project, I think we're succeeding in clearing the air," he said.

Not as far as Gatrel is concerned.

"There are already significant barriers to farming," Gatrel said. "This would be another major barrier."

In addition, if granted § 8-503 relief, what Rock Island characterizes as “voluntary” easement negotiations with farmers will actually sound something like “Rock Island has been directed by the Commission to construct a transmission line on an approve[d] route, which crosses your land.” Characterizing the easement negotiations as voluntary under these facts is kind of like giving someone the option of jumping off of a cliff before you push them.

The biggest hurdle for these projects is their intent to use eminent domain for pecuniary gain. Traditionally, utilities have been bestowed with eminent domain to build transmission for reliability reasons. But these "renewable" projects are not necessary for reliability or economic reasons -- they are solely an attempt to increase the percentage of "renewable" energy consumed in far-flung areas remote from the generator. And further, these particular "Clean" Line projects are an attempt to corner the market on "renewable" energy so that urban communities are precluded from developing local renewables. Instead of investing in our own communities, "Clean" Line proposes that we send all our energy dollars to midwestern states and into "Clean" Line's pockets. "Clean" Line has publicly stated that its transmission line will add considerable cost to the energy delivered and has provided no proof that the energy it proposes to transport will be economic or competitive with local renewables in the east. Stating that "Clean" Line will "drive down electricity costs" is disingenuous when "Clean" Line has no idea how much its delivered product will cost. It is just as likely that "Clean" Line will drive up electricity costs. "Clean" Line calls itself a merchant transmission company. A merchant transmission company depends on the free market to make itself competitive. "Clean" Line is depending on eminent domain to keep its cost of building the project down (cost of project shows up in the cost of delivered energy) and on renewable portfolio standards in other states to force utilities to purchase its product at any cost. In addition, this company has made noises about passing the cost of its project on to captive ratepayers, or using federal eminent domain authority to override state authority to site and permit its projects. Not the actions of a company depending on fair market competition for its success or failure! Right now, there is no market for "Clean" Line. There are no generators, and no purchase agreements. Opposition to "Clean" Line by affected communities and elected officials is increasing, and with each new opponent, the chance of success decreases just a little bit more.

A memo prepared at FERC in late June for Mr. Wellinghoff before he briefed senior officials made several urgent points. "Destroy nine interconnection substations and a transformer manufacturer and the entire United States grid would be down for at least 18 months, probably longer," said the memo, which was reviewed by the Journal. That lengthy outage is possible for several reasons, including that only a handful of U.S. factories build transformers.

"Today’s publication by The Wall Street Journal of sensitive information about the grid undermines the careful work done by professionals who dedicate their careers to providing the American people with a reliable and secure grid. The Wall Street Journal has appropriately declined to identify by name particularly critical substations throughout the country. Nonetheless, the publication of other sensitive information is highly irresponsible. While there may be value in a general discussion of the steps we take to keep the grid safe, the publication of sensitive material about the grid crosses the line from transparency to irresponsibility, and gives those who would do us harm a roadmap to achieve malicious designs. The American people deserve better."

“To address physical vulnerability, it is also important to focus our efforts on modernizing our electric grid. Building the grid of the future will play a key role in addressing multiple security and reliability threats or situations. We should look to further deployment of phasor measurement units, wide-area management systems and enhanced situational awareness. Furthering efforts in the development and deployment of microgrids and smart grid technology will also greatly assist in addressing grid resiliency. These efforts, along with system-wide planning, are just a few examples of how we can increase our ability to make the grid more reliable and efficient.

Because it is difficult to build new transmission routes, existing big substations are becoming more crucial to handling electricity.

Converter station sites in Calvert and Wicomico County, MD and Sussex
County, DE were acquired;

Takeoff points into and out of the Chesapeake Bay were acquired;

Transition station locations in Dorchester County were acquired; and

Transmission line right-of-way for entire length was acquired, except for one property in Dorchester County where negotiation was pending.