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U.S. DOE Box Checks EIS Scoping

9/27/2023

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Remember at the beginning of this year when the U.S. Department of Energy held public meetings to gather scoping comments for the Environmental Impact Statement it must prepare before it decides whether or not to grant deep-pocketed energy conglomerate Invenergy a loan of more than a BILLION dollars to finance its no-revenue Grain Belt Express transmission line?  Did you know that DOE has prepared its Scoping Report that will guide the EIS?  You didn't?  That's because there was no public notice.  DOE didn't send out a mailer, or even an email to the persons on its electronic mailing list.  It simply updated its website and didn't give any notice whatsoever.  If I had not stopped by there to look for something, we'd still be in the dark!

But since the cat is out of the bag, let's talk about DOE's Scoping Report.  The scoping report sets the parameters for the EIS.  It determines what will be studied in the EIS.  Here's what DOE says it will study:
  • Air Quality and Greenhouse Gas (GHG) Emissions
  • Geology, Soils, and Paleontology
  • Water Resources
  • Noise
  • Vegetation
  • Wildlife
  • Cultural Resources
  • Transportation and Access
  • Land Use
  • Recreation
  • Environmental Justice
  • Public Health & Safety
  • Visual Resources
  • Social, Economic, and Community Resources
But according to DOE, these are the most common topics that the public asked to have studied:
  • Limitations on land uses that could potentially result from the Project’s construction and operation
  • Consideration of alternatives to the Project as currently proposed
  • History of the Project, including previous routing studies and past interaction with landowners
  • Concerns about the Project’s proposed route and infrastructure placement
  • Potential impacts on wildlife; social, economic, and community resources; geology and soils; health and safety; and vegetation
The DOE didn't listen to a damned thing you said.  It simply checked the "public participation" box and went on its merry way.  

The most popular comment was for DOE to study alternatives to Grain Belt Express.  Siting new transmission on existing rail and road rights-of-way was the most common form of this scoping suggestion.  However, DOE has absolutely NO INTENT to study any alternatives.  The only "alternatives" DOE chooses to consider are to build, or not to build.
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It's wholly debatable whether DOE's excuse for not studying any alternatives will pass legal scrutiny.  I think it went something like this... DOE is only considering whether to loan money so it's either yes or no and does not involve selecting an alternative.  Pretty lame, right?  That same excuse could be used by any federal agency contemplating using federal resources for a project that could impact the environment.  We're either going to participate or not, we're either going to construct it or not, etc.  See how it goes?  DOE's refusal to study viable alternatives (or any alternatives at all) is NOT legal.
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The EIS is for the purpose of notifying the public of the environmental impacts caused by a government action.  It doesn't mean there can be no impacts, it just means that the public needs to be "aware" of them.  The EIS should rightly study different alternatives that would have differing degrees of environmental impact so that it selects the one with the least impact.  There simply is no legal wiggle room to refuse to study any alternatives.

In addition to the Scoping Report, DOE also published a list of comments it received.  See Appendix J.  In addition to making sure your own comments were received and correctly transcribed into the appendix, you may want to browse and read some of the other comments.  One that stood out to me is the comments of Stephen Jeffery, Counsel for Callaway Concerned Citizens Against Solar beginning on page 68 of Appendix J  (the comments are arranged alphabetically by last name, look under "J").  He did an excellent summation of all the mistakes DOE has made so far, and why the mistakes are not legal. I wonder how much better it could get if he found out how merchant transmission works?  At any rate, he's the one I would hire to sue DOE when their box checking exercise concludes with a fait accompli loan approval.

When will that be?  It looks like the rush, rush hurry up EIS schedule has been a bit delayed.  Originally, DOE said it would publish the draft EIS this fall, open a comment period, and have a decision on the loan by summer 2024.  Now the draft EIS won't be published until winter 2024, and comments are expected to continue into summer.  Looks like the GBE EIS is already around 6 months behind schedule.  Expect further delays.

Here's the big question... will DOE bother to notify anyone when the draft EIS is published, or will it just make another quick upload to its website and stay mum?  DOE has tured NEPA into a travesty.  Shame on them!
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Spin Studies

9/17/2023

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Americans for a Clean Energy Grid is by far the king of spin studies.  Even the name of this industry group is spin!  "Americans"?  It would be more aptly named "Corporations for Building Transmission From Which We Profit".  CBTFWWP.  Has a nice ring to it, doesn't it?  Use of the word "Americans" is a tired, old front group tactic used by corporations to make you think that their front is actually made up of average people who love whatever is being sold.  The only "Americans" here are corporations, and not all of them are actually American corporations!

ACEG is nothing but a transmission industry front group that writes numerous spin studies to promote their product, whether we need it or not.  The studies aren't compiled for regular Americans like you... they are put together and promoted endlessly on Capitol Hill to convince your elected representatives that they should enact enabling legislation for more transmission, and more profits for their members.  If you wrap your propaganda in a "study" it's supposed to have more clout.  Another old propaganda trick!

So, here's the latest Spin Study being spun by CBTFWWP, and it includes a list of transmission projects we need right now to usher in a clean energy future.

The Spin Study names 36 transmission projects that it claims are "Ready to Go."  It defines "Ready to Go" like this:
The determination of whether a project is ready-to-go relied on two criteria: 1) whether the project is at or near the finish line on the various federal and state permits they may need; and 2) whether the project is actively pursuing the cost recovery, allocation, and/ or subscriptions required for the developer to proceed. Inherently some judgment is re- quired. Based on these criteria we excluded over ten significant projects that are in earlier stages of development and not yet far enough along to be considered ready-to-go. 
Has permits?  Has cost recovery?  Then what the hell is "Clean Line" doing on this list?  The Oklahoma portion of the failed Plain & Eastern Clean Line isn't even a real project yet.  What permits does it have?  Who is paying for it? That's some "judgment"!
Clean Line – Originally proposed in 2009 by Clean Line Energy Partners to deliver renew- able energy from the Oklahoma Panhandle to Southeast markets, the Oklahoma portion of this DC merchant line was purchased and is now being developed by NextEra Energy.
The spinners justified their "judgment" for including this project with this article from 2017 that informs NextEra bought the remains of the Oklahoma portion.  It doesn't say anything about permits or cost recovery.  The only place "Clean Line" is ready to go is the trash can.

The spin gets even thicker on the projects that have failed since the first Spin Study.
Lake Erie Connector – DC line under Lake Erie, connecting Ontario with PJM, the grid operator in the Mid-Atlantic and Great Lakes region. The project had been under devel- opment for approximately 10 years, but ITC Holdings, which purchased the rights to the project in 2014, placed the project on hold citing economic conditions.
Oh?  Economic conditions?  How could that be so with all the government handouts to transmission in the IIJA and the IRA?  Here's the "economic conditions" that have caused that project to be shelved... it's a merchant line that can't find customers.
“ITC made the decision to suspend the project after determining there is not a viable path to achieve successful negotiations and other requirements within the required project schedule. External conditions – including rising inflation, interest rates, and fluctuations in the U.S.-to-Canadian foreign exchange rate – would prevent the company from coming to a customer agreement that would sufficiently capture both the benefits and the costs of the project,” an ITC spokesperson said in a prepared media statement. “As a result, the company believes suspending the project is in the best interest of stakeholders.”
Lots of words in that salad when "can't find any customers at the price we need to build this thing" would do.  It's a shame, too.  That project was actually routed underwater so it didn't create any land impacts.

Speaking of word salad, the spinners claim that new transmission will be the key to reaching clean energy utopia.
Not only has investment in regional transmission lines been decreasing, but at the same time the need for regional transmission has been increasing due to a variety of factors. These include increasing demand growth, electrification of transportation and other sectors, higher natural gas prices due to European demand, a changing resource mix due to the economics of new renewable generation, increased customer demand for renewable resources, significant utility commitments for renewable energy expansion and decarbonization, and new public policies from local, state, and federal governments promoting carbon-free generation. The aggregation of these trends suggests a shift in the generation mix and significant load growth over the next few decades, both of which will require new transmission capacity. 
But that's not even true.  The spinners presume that all new transmission will be "for renewables."  PJM Interconnection is the first to make a liar out of them by creating new transmission to feed Northern Virginia data centers from fossil fuel generation in the Ohio Valley.
Transmission capacity is also critical in helping shift national economic policy toward an increased focus on onshoring manufacturing to develop domestic supply chains. De- velopment of new domestic manufacturing along with growth in data centers, partially driven by AI, represents the potential for significant economic growth and job growth for the US.

These new manufacturing facilities, along with new data centers, often require additional transmission to ensure the grid has the capacity to reliably interconnect significant new industrial loads. However, delays are already beginning to occur. Interconnection requests for data centers have dropped across the country and in Northern Virginia – a national hub for data centers – there is a scramble to meet the soaring power demand as current grid capacity is limited. 

Some experts estimate that fully electrifying the US’s industrial load could more than double current US power demand. The current issues are arising even before manufacturing for microchips and additional electric vehicle production and battery manufacturing facilities fully ramp up, along with hydrogen production facilities. If sufficient transmission capacity is not available, these investments could be significantly delayed or even canceled. 
That's right... when PJM was faced with new data center load, it did not propose transmission from renewable generators to meet need.  That's because data centers use as much energy as large cities, and you can't reliably serve them solely with intermittent renewables.  New data center load will INCREASE carbon emissions by ramping up the generation of fossil fuel electricity.  This is what is going to happen when load increases... transmission connecting existing fossil fuel generators will be proposed.  New data centers actually crash our clean energy policies.  

The Spin Study has been produced for one purpose only... to pander to Congress to pass even more enabling legislation for transmission.  Its recommendations to do just that are at the end of this "study."  It recommends special tax credits for new transmission, federal transmission permitting and siting, federal eminent domain, and wider cost allocation.
There are also additional policy levers that Congress and FERC could pull to help facilitate faster and more effective buildout of new transmission. Americans for a Clean Energy Grid’s Legislative Principles outlines a number of these potential approaches.
I'd like to pull a couple levers...  maybe the one that sends this Spin Study to the dumpster.

Enabling new transmission with legislation is the fast track to increasing carbon emissions.
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Is PJM's Competitive Transmission Process Rigged?

9/14/2023

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Something is sure starting to stink!

Since the old PATH days, PJM has been required to revise its transmission planning to put long-lead needs out for bid in a competitive process.  This is supposed to ensure that PJM's 65 million electric consumers pay a lower cost to construct the transmission they need.  It is supposed to give independent transmission companies an opportunity to build projects cheaper than the utility that serves the impacted service area, which PJM refers to as "incumbents."  This is supposed to produce lower electric bills for the consumers.

Does this really work as regulators intended? Over the years I have read about various complaints made by some of the competitors in PJM's competitive "Open Window" transmission bidding process claiming that their project was not treated fairly.  I can see how they might come to that conclusion.  I'm seriously starting to develop the opinion that PJM's competitive process is nothing more than Kabuki theater performed to hide uncompetitive behavior that produces financial windfalls for its incumbents.  PJM's thumb is on the scale... maybe its whole body!  This process cannot be be called transparent and competitive by any stretch of the imagination.

PJM's bidding windows present a problem to be solved with transmission.  Any qualified entity may submit a proposal.  PJM publicly posts redacted versions of all the proposals it receives for a window here.  Select 2022 Window 3 from the list, to see an example.  Next, PJM creates maps for each proposal because a picture is worth 1,000 words.  However, PJM's map-making skills leave much to be desired.  A creative Kindergarten could do a better job making accurate maps with finger paints.  Already for Window 3, we have seen at least 5 different versions of maps for the proposals.  I'm pretty sure the actual number is much higher than 5, but I haven't been keeping track.  PJM has been notified of numerous additional errors in its newest version of the maps, however PJM has not corrected any of the errors, nor even responded to emails pointing them out.

Errors in PJM maps include drawing greenfield transmission lines as brownfield and making inaccurate designations between greenfield and brownfield; creating substations that are not part of any proposal; mismarking the voltage of new substations; leaving components off certain maps... and I could go on because the list of errors is as long as my arm.

PJM chooses not to explain itself, nor why it is attempting to create maps when it does not posses the proper skill set.  Why doesn't PJM simply require the bidder to include an accurate map of its project components using certain parameters?  It would have saved loads of time and money so far for Window 3.

PJM's maps include a completely different legend for each map in the Window 3 series.  In some legends, a 765-kV substation is pink, in others, it is red.  In some maps, the colors in the legends do not match the colors on the maps (go ahead, PJM, find the map where a color not on the legend appears -- I double dare you!). It is impossibly confusing to flip between the different maps to compare different proposals because the maps are not equal.  Some are definitely manipulated and do NOT follow the written proposal or provide an accurate comparison to other proposals.  It's almost like PJM is using the maps as an influencing tool.

Who is PJM trying to influence with its maps?  I have asked PJM repeatedly what it does with these maps, and it has refused to answer.  I'm going to assume they CAN'T answer because the answer may point to the real reason for this map-making incompetence and, perhaps, purposeful manipulation.

Here's another uncompetitive process at PJM...  I wanted PJM to accept public comment regarding the proposals in Window 3 to compile for its feasibility study.  The feasibility study looks at things like routes, environmental considerations, permitting, supply chain, cost of the project and the possibility of delay relating to community opposition to the proposal.  Since a number of the proposals in Window 3 are basic recycling of old projects that were opposed and abandoned, I think it's only fair that the feasibility study acknowledge how and why these projects failed the first time and what may have changed that would make them successful this time around.  But, PJM just gave me the run around instead of being appreciative of more information for its feasibility study.  PJM would only receive verbal public comments at its monthly TEAC meetings, which requires a complicated and frustrating sign up and registration process and then several hours of waiting for the appropriate time to comment.  And even then, PJM was rude and argumentative with the few people that managed to jump all these hurdles in order to comment.  PJM preferred to argue over meeting procedures than the substantive issues.  You blew it, PJM!  This is not what an open and inclusive stakeholder process looks like!  PJM has flat out refused to respond to my many attempts to find a way to accept, compile, and include public comments in its feasibility studies.  

PJM says that it has hired a third-party contractor to prepare feasibility reports for its preferred scenarios.  Will the contractor use the maps for its evaluation?  If so, it will be evaluating something that is not accurate.  An evaluation of an inaccurate proposal results in an inaccurate study.  What a waste of time and money!  Will the contractor use information about routing, permitting, environmental issues, and the possibility of opposition for its evaluation of the feasibility of the preferred scenario?  Signs point to "no" since PJM is trying so hard to make sure any public comment stays far, far away from its contractor.  If the contractor does not know about obstacles, then it won't include any in its feasibility report... smooth sailing ahead (while the people on the ground are swearing vehement opposition).

However, PJM also uses its feasibility reports and maps to inform its Board of Managers about the projects it is recommending for approval.  Therefore, an inaccurate feasibility report gives an inaccurate picture of the recommended projects to the Board of Managers.  How can the Board of Managers accurately evaluate recommended projects when the information they receive is inaccurate, or perhaps manipulated to influence their decision and lead them down the primrose path to making the decision to approve the recommended projects based on pure fiction?

I'm starting to believe PJM's "competitive" process is rigged through the manipulation of mapping and feasibility studies that drives PJM to select and approve a project unfairly.

​Ball in your court, PJM.
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The Haves And The Have Nots

9/8/2023

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Data Centers in Northern Virginia need more power.  They can't get it from local suppliers in Virginia, therefore regional grid operator PJM Interconnection has asked for new transmission proposals to import new electricity supply to serve the Northern Virginia data centers.

But why can't they build more renewables in Virginia to power the data centers, you ask?  First of all, the data centers need as much electricity as a large city.  Imagine taking New York City and plunking it down next to Dulles Airport and expecting to hook up to the existing electric system.  The data centers use half as much as NYC!  The load is just too great to solve with new renewable generators at load.  This is a fact that seems to be escaping the elected officials in Virginia -- they don't realize how much electricity these data centers use.
Bates said he didn’t realize running a power line to a data center was considered a transmission line. 
We all need to educate our local officials on the consequences of building energy sucking data centers in our communities.  It's not just a distribution service line on small wooden poles like homes or businesses use.  The power requirements are so great that data centers need big new high-voltage transmission lines and substations.  They also need big new energy generators to produce the energy used.

Transmission opponent Patti Hankins from Harford County, Maryland, has put together an eye-opening presentation showing the energy supply profiles of several Mid-Atlantic states.  Is your state an electricity importer or an electricity exporter?  Nobody seems to be paying attention to this important fact these days, when everyone seems to be focused on increasing renewable generation and phasing out fossil fuels like coal, gas and oil.  The media drones on incessantly about closing fossil fuel generators, and many people think that renewables like wind and solar supply a huge amount of our energy.  What's really happening up the line when you turn on your light switch?

​This presentation tells you everything you need to know.
comparison_of_pjm_state_installed_capacity_2022.pdf
File Size: 2140 kb
File Type: pdf
Download File

Did you know that Pennsylvania and West Virginia are the only two states in our region that export electricity to other states?  Pennsylvania's electricity is mainly created from natural gas, with coal and nuclear making up the vast majority of the remainder.  In West Virginia, the numbers are even more astounding, with 91% of the supply created by burning coal.  Natural gas makes up the majority of the remainder.  In both Pennsylvania and West Virginia, wind and solar provide so little energy that it's hard to even see their slice of the pie.

On the other hand, states like Virginia, Maryland, the District of Columbia (that imports 99% of the electricity it uses!), Delaware, New Jersey and Ohio are big energy importers.  These states all have renewable energy goals and policies that have served to shut down a big majority of the fossil fuel electric generators that used to supply their energy.  Additions of wind and solar have not kept up with the supply lost by closing fossil fuel generators.  Even in these renewable loving states, wind and solar make up a very small percentage of the power that is used.  The percentage is so small that it cannot support the state's electric load under any circumstances.  So, where do these states get their electricity?  From West Virginia and Pennsylvania via high-voltage transmission lines.  Little do these states know that when they turn on the light switch, they are using good, old-fashioned coal and natural gas.  And they stand ready to INCREASE their use of fossil fuels by building more energy hogs in their areas.  This is the reason PJM is currently proposing a high-voltage transmission build out of epic proportions.

The thought of building the big baseload generators needed to power the new data centers near the data centers isn't even contemplated.  It would never happen!  However, why is it okay to increase the burning of fossil fuels in other states in order to power new data centers?  Don't we all breathe the same air?  Who's the NIMBY now?

We're not as far along on a renewable energy transition as people are being told by the media.  Wind and solar is getting all the attention (and government handouts), but it's actually powering little.  The corporations, utilities, and local governments lie about how "clean and green" they are.  If they actually only used the renewable energy they produce, their lights would be out for a vast majority of the time.  Without West Virginia and Pennsylvania burning fossil fuels, polluting their environments, and sacrificing to build gigantic new electric transmission line extension cords to the east coast cities, these areas would experience rolling blackouts worse than a third-world nation.  

Another lie the media loves is that we need to build new high-voltage transmission to ship renewable energy around the country.  After looking at these graphs and maps, you'll realize this just can't happen.  We are currently stuck in a world of HAVES and HAVE NOTS.  West Virginia and Pennsylvania HAVE the electricity and Virginia, Maryland, DC, Delaware and New Jersey HAVE NOT.  What's really going to be on these new transmission lines is fossil fuel electricity from states with enough to export.  So while the federal government comes up with new programs and taxpayer-funded giveaways to grease the skids for new transmission, they must acknowledge that the only thing they are actually doing is INCREASING emissions.

Elected officials considering new plans for data centers and other big energy hogs that they hope will bring new tax revenue, jobs, and economic development need to recognize that their state does not have enough electricity supply to support this new infrastructure.  New transmission lines from states that burn fossil fuels is not the answer.  The data center boom must be paused until the localities that will reap the financial rewards can build the clean infrastructure they will need to support it.
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Nobody Asked Me

9/7/2023

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...and I'm betting nobody asked you either, but Big Green has now proclaimed that
If care is taken to make sure that host communities benefit in the short and long term from the energy projects in their backyards, they will be less inclined to oppose them, leading to faster timelines for clean energy and transmission projects. 
Of course, this is a baseless statement.  There has never been a transmission project where "communities" received so much benefit that they dropped their opposition (or never started opposition in the first place).

Nevertheless, these Big Green blowhards are courting Congress to pass more legislation greasing new transmission, wind and solar projects.  And they're pretending they speak for impacted landowners.  Their bold new plan has been issued as another tedious "report".

The report says the craziest stuff, like:
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Community opposition to large-scale wind and solar projects is growing across the United States. There are many reasons for this trend, including misinformation about renewable energy, concerns about project impacts, and concern that most of the benefits flow outside of the community while the burdens fall within. Communities often see hosting renewable energy projects and transmission (which touches multiple communities) as an impediment to their goals, such as preserving community identity, land preservation, and in some cases ensuring ecosystem conservation. While some landowners see these projects as a potential source of revenue from leases, others worry that the projects will reduce the value of their land. Finally, in many communities, while there may be both supporters and opponents of clean energy projects, the opponents are often more vocal, better resourced, and more passionate than the supporters. Because of all these factors, an alarming number of communities are adopting restrictive zoning and land use ordinances that effectively ban the siting of clean energy projects.

​This rise in opposition highlights the importance of ensuring that developers and local officials disseminate accurate information about potential projects and that the permitting process allows engagement from a broad range of voices so that decision-makers can accurately assess the environmental impacts as well as benefits of projects. Furthermore, it is important to ensure that host communities share in the benefits of projects in their own backyards.
Misinformation you say?  All the misinformation is coming from project developers and proponents.  Nobody trusts them because they are in hot pursuit of the almighty dollar, not local interests.  The "information deficit" ploy has never worked.  Minds are never changed no matter how much nonsense the developers spew.  We're not stupid, uninformed bumpkins that just need to be "educated."  Is this going to become a free speech issue where "misinformation" is outlawed and the developers are judge, jury and executioner of misinformation?

We're NOT better resourced than deep-pocketed developers.  We're just speaking the truth.  Truth still matters in rural communities.
Several states, including New York, California, Illinois, and Washington, have enacted laws that improve the siting process for large-scale renewable projects and provide potentially powerful models for similar legislation in other states. Among other things, these laws modernize the permitting process and explicitly provide benefits to host communities via mechanisms like utility bill discounts. States should be encouraged to adopt model siting and permitting laws that expand community engagement while limiting the ability of localities to unreasonably ban all wind and solar projects.
The LAST thing rural states want is to be like California or any of those other states.  We live here for a reason... because it's NOT California.

But the best part of this idiotic paragraph is the statement that we can EXPAND community engagement while LIMITING the actions the communities can take.  That's not engaging the communities... it's oppression.
​Bringing communities from opposition to support—or at least to open-mindedness—is a major challenge to renewable energy growth that needs sustained effort, engagement, and thought. Our recommendations provide a starting point.
And also an ending point because rural communities aren't going to fall for any of your B.S.  It is IMPOSSIBLE to undo opposition to big energy projects that benefit far away cities.  Build your own power plant in your own backyard, you sanctimonious morons.
Coalitions should work together to build support for well-sited projects that benefit the host community. In cases where developers have done their due diligence as outlined in the preceding recommendations, environmental and conservation groups, labor groups, local landowners and businesses, and other stakeholders—including, where relevant, environmental justice and tribal groups—should form coalitions and work together to support the project. A key part of this support should be highlighting the community benefit agreements, payments in lieu of taxes or other mechanisms for benefit sharing, the creation of local jobs, and addressing other ways to compensate local landowners for any perceived or actual diminution in property values.
Coalitions of the unaffected?  Utilities have been trying this for decades without success.  These coalitions have always been outed for the greedy, paid off schills that they are.  We don't need these idiots to advocate for "benefits" for us because these "benefits" are really for them.  There is no benefit that can outweigh having a new transmission line in your back yard or across your prime farmland.  What these coalitions actually try to do is simply outshout community opposition and collect benefits for themselves.  It's a tactic that never works.  Regulators aren't stupid, you know, and they've seen this a thousand times.

This new report is complete garbage.  However it has now been made crystal clear exactly which idiots are writing all the new clean energy legislation.  It's not your elected representatives.  It's private interests.
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How To Profit Off The Misery Of Others

9/4/2023

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As I wrote in February, the U.S. Department of Energy has $760M burning a hole in its pocket.  The Inflation Reduction Act created the Transmission Siting and Economic Development Grant Program, which intends to give your tax dollars away to get new transmission built faster.  The program proposes to give grants to state and local siting authorities (your state utility commission) for the purpose of studying new transmission proposals, creating public engagement, and approving them lickety split.  But that's not all... the geniuses have also come up with "economic development" grants for "communities" affected by the construction and operation of new transmission projects.  The grants are available through your local government.  If you want to make some quick cash for "economic development" projects, just form an organization and ask your county to assist you in applying.

But the DOE forgot to define an "affected community."  Who is "affected" by new transmission?  Is it the landowners who are coerced to grant easements for the project under threat of eminent domain?  Is it adjacent landowners who won't have easements but may still have to look at it every day?  How far out from the center line of the new transmission project does an "affected community" spread?  What if it is on the other side of the county, where they won't see or hear any construction or operation?  Is it a nearby city or town that also will not see or hear it?  What is an "affect"?  DOE somehow fails to say in its wordy rules for applying for one of these grants.
Either DOE is going to be flooded with applications from governments and organizations who have only a tertiary relationship to an "affected community" but a huge appetite for government cash, or it is not going to get ANY applications at all.  Landowners and persons living on or near new transmission lines won't be forming organizations and begging for taxpayer cash.  They simply want the transmission project to go away... maybe it can go in the backyards of the grant recipients?  Wouldn't that be ideal?

DOE is holding another one of its ridiculous webinars that almost nobody attends to explain to the public how its new TSED program works and how to apply.  The webinar is scheduled for September 14.  You can sign up here.
Ask them who is eligible, and how "affected" your community must be to receive a grant.

This is nothing but taxpayer funded bribery.  Pretty amusing that DOE will prohibit using any of its grant funds to lobby federal elected representatives (Congress) but has no prohibition on lobbying your state elected officials, your state public service commission, or any other entity that must approve the project before it can be built.  Don't they realize that these grants ARE lobbying at the local level?

And how are these grants to unaffected organizations going to speed up the siting and permitting of new transmission projects?  They won't.  No landowner in his right mind would support a transmission project across his property in exchange for bribe money given to an unaffected person or organization.

This program is headed nowhere but to court, however it's going to waste millions of your tax dollars on the way.  But don't worry, it's reducing inflation, don't ya know?
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Grain Belt Express "Victim" Cries to Court

8/31/2023

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Remember a couple weeks ago when the Fifth District Appellate Court in Illinois issued a stay of implementation of GBE's Illinois Commerce Commission CPCN?  Well, Grain Belt didn't like that.

In response, GBE filed a Motion for Recosideration or in the alternative clarification of the Appellate Court's Order staying implementation of Grain Belt Express LLC's Certificate of Public Convenience and Necessity.  Say that five times real fast.  And if you think the title of the motion is wordy, you ain't seen nothing yet!  The motion itself clocked in at a record 746 pages.  I think I filed a Joint Appendix once that had less pages.

First of all, no court likes hearing how it got things wrong.  Strike 1.  Courts also don't like reading a lot of stuff. They simply don't have time.  Strike 2.  This particular Court is protecting the citizens of Illinois from what may be an unconstitutional law that Grain Belt passed which greased the ICC approval.  Whining that some billion dollar corporation is the true victim here is pretty tone deaf.  Strike 3.

Because I know you don't have time to read 746 pages of pure nonsense, here's what the Motion says, in as few words as possible.

Grain Belt is the victim because, in the words of our misspeaking friend Brad Pnazek,
Grain Belt Express LLC engaged Contract Land Staff LLC (“CLS”) to assist with negotiating voluntary easement agreements with landowners on the approved route. 

CLS remains engaged. Pursuant to the terms of the engagement, Grain Belt Express LLC is paying CLS approximately $50,000 per week and must continue to pay that amount for the duration of the stay. Grain Belt Express LLC is receiving no services due to the stay Order. Grain Belt Express LLC must, and intends to, keep CLS engaged or it will not have staffing available for land acquisition services when the stay is lifted.
The answer to Brad's dilemma is simple... fire CLS if they won't allow a stay on their contract while the court case works its way out, and then hire a different land acquisition company later... assuming you will even need one when GBE's special purpose legislation is overturned.

Meanwhile, GBE claims that landowners will not have to spend any money on surveys and appraisals, lawyers, and other professionals to assist in negotiations with GBE because 
“The landowner will not need to pay for an ‘updated title search, appraisal and ALTA survey’ to evaluate GBE’s offer during voluntary easement negotiation . . . because GBE will provide those or comparable materials in support of its easement offer.” 
Oh, right.  The landowner is just supposed to accept GBE's documents and not get his own counsel.  This is almost worse than the land agents trying to negotiate easements during the appeal in the first place!

So, what is it that GBE wants the Court to do?

GBE seeks the following relief:
1. That this Court reconsider the Order, as the requested stay is not supported by any evidence of great or irreparable damage to the Landowner Alliance. To the contrary, the only verified evidence in the record is that GBE will suffer damage as a consequence of the injunction.
2. Moreover, that this Court reconsider the Order because the stay violates GBE’s constitutional rights and is not supported by any applicable legal principle.
3. That this Court failed to address the requirement for a bond, and, if this Court determines that any portion of its Order should remain in place, that this Court require the Landowner Alliance to post a bond in an amount adequate to secure the damages to be incurred by GBE.
4. In the alternative, if this Court elects to not reconsider its Order, that it clarify that the Order does not (and legally cannot) enjoin GBE from engaging in voluntary land acquisition or easement negotiations with landowners along the approved route for the transmission line project, as such an injunction would exceed this Court’s jurisdiction and violate GBE’s constitutional rights. 
5. That this Court clarify the “specific finding[s] based upon evidence submitted to the court, and identified by reference thereto, that great or irreparable damage would otherwise result to the [Landowner Alliance], and specifying the nature of the damages,” as required by the Illinois Public Utilities Act, 220 ILCS 5/10-204(b). 

Not going to happen.  GBE needs to find its binky and take a nap.
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The Climate Blame Game Has Jumped The Shark

8/27/2023

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Green energy policies have caused the closing of many baseload fossil fuel electric generators, and we're not building an equal amount of new baseload generators to replace them.  This means we're constantly bombarded with warnings to reduce our electric use and in the worst case, rolling blackouts to prevent the grid from crashing.

Many have said that we need to increase the amount of wind and solar we bring onto the grid, but is that really a long-term solution?  Wind and solar can only be modeled as "baseload" at a fraction of their capacity because they are intermittent and only Mother Nature controls how much power they produce at any given point in time.  Therefore, we'd need 3 - 4 times as much wind and solar as we expected to use in order to produce a reliable fraction.  Also, wind and solar require vast amounts of land to house their sprawling generators.  There's a reason we were relying on fossil fuel generators -- because they take up very small amounts of land for the amount of power they produce, and they can produce power when we provide their fuel.  We decide when they run and how much they produce.

But this logic doesn't work with green energy policies.  Instead of admitting the real problem -- wind and solar aren't reliable sources of electricity -- the green propagandists sell the idea that the reason we don't have a reliable grid is because the weather has become "extreme."  Although it's normal for summer temperatures here to average in the 90's, now a day in the 90's causes alerts and warnings to cut usage.  We're told the big lie -- that climate change and extreme weather is the cause of electric grid reliability issues.  And stupid people believe it.

I guess we should have expected that the utilities have been watching the success of this stupidity and have now adopted extreme weather reasons for their own failures.  Check.it.out.
A grass fire near 199th and Lone Elm Olathe was likely caused by a downed power line. 
An Evergy representative reports the "excessive heat was likely a contributing factor" to a crossarm breaking, falling and igniting the grass fire.
About 1,900 customers were affected. Their power was restored within an hour of the incident.
What?  Heat causes wooden cross arms to snap off (or worse yet, metal ones)?  Sorry, but heat does not cause wood or metal to spontaneously deconstruct without any contributing factors.  If it did, all our houses would be falling down when it's hot.  It's so stupid, it's completely unbelievable!

You know what does cause crossarms to break?  Lack of maintenance.  That crossarm had to have other issues, like cracks, warping, or rot, to have fallen.  Heat had nothing to do with it and lack of maintenance has everything to do with it.  So, why aren't utilities properly maintaining their facilities using preventative maintenance before things break and cause fires or other disasters?  Because they're using that money for something else.  Let's explain...

Most utilities use what are known as stated rates for their distribution systems.  A utility files for a rate (or rate increase) by showing regulators a list of its costs over a certain period of recent history.  They call it a "test year."  The regulator examines the costs in the "test year" and determines the allowable rate the utility may charge.  It will also determine the allowed rate of return for the utility.  Utilities are allowed to earn a return on their investment in the infrastructure that serves us.  It's in the neighborhood of 10% right now and headed upwards.  Once the regulator determines the just and reasonable rate for the utility, it sets the rate at a certain amount per year.  The utility receives that amount every year until it files a new rate case at its own initiative.  Once the rate is set, the utility can spend the money it receives any way it likes.  Nobody is checking.  As long as the lights stay on and people don't complain too much, all is well.  A utility may spend some of the money in its Maintenance account on other things.  Those other things may be bonuses for its executives, lobbying, shoring up its pension plan, or increasing its profits.  Anything goes.

Therefore, things like tree trimming or replacement of aging crossarms, transformers, insulators, conductor, towers, and the like may be deferred for another year or two to free up Maintenance dollars that can be used elsewhere.  However, if a utility does this too much, eventually the system begins failing and the utility is left playing "catch up" trying to maintain its system before it causes disaster.  It's impossible to catch up and eventually the whole system is on the verge of failure.

A damaged crossarm that probably should have been replaced BEFORE it failed has caused a fire.  This same scenario has caused many other fires, both big and small.  The utilities deal with this by shutting off power when the weather is predicted to be windy so that its rickety, unmaintained system doesn't break and start fires.

This isn't the way to run a utility.  We have to insist that utilities open their books to show us that they have actually spent their maintenance money on maintenance.  This blame game has now jumped the shark.
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What Will Be On New PJM Lines?

8/25/2023

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PJM Interconnection is the grid planner for the Mid-Atlantic region.  PJM's job is to keep the grid reliable and the electricity markets competitive.  When load increases in PJM's region without a corresponding increase in generation of electricity, reliability suffers.  When reliability is threatened, PJM springs into action and plans new transmission to solve the impending crisis.  If PJM did not act, we'd soon experience brown outs and black outs and the whole PJM system would crash.  The most logical solution for PJM would be to order new generation near sources of increased load.  However, PJM cannot order new generation, it can only order new transmission.  Electric generation is a market-based, competitive endeavor.  If demand increases prices in a certain load pocket, then the generation market receives a signal that it would be profitable for new generation to build for that load.  It works, in theory, but sadly not in practice.  PJM's  reliability focused transmission planners never let the market work to spur new generation.  When prices increase, or reliability issues crop up on the horizon, PJM orders new transmission to solve the problem before any new generators are even contemplated.  PJM complains about the loss of baseload generation without replacement, but fails to acknowledge its own role in creating the problem.

Over the past decade or so, Northern Virginia has become the data center capital of the country.  Data centers use a LOT of electricity.  This recent article says that Amazon data centers in Northern Virginia use half as much electricity as New York City every day, and 35% more than the entire power grid of the company's hometown city of Seattle.  That's a huge electric load currently being built out in Northern Virginia without a corresponding increase in electric generation.  PJM says the data centers are creating a reliability issue and it has opened a request for proposals to solve it using transmission.  The goal is to export a whole bunch of electricity to Northern Virginia, and PJM's utility members wasted no time in creating new transmission lines that would connect the generators they own to Northern Virginia.
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One such proposal from FirstEnergy envisions two new 500kV lines from West Virginia to a substation in Frederick County, Maryland.  Other utilities have proposed new lines from that substation to Northern Virginia, completing the new extension cords.

Extension cords are exactly what these new transmission lines are.  They plug in at struggling FirstEnergy-owned electric generators in West Virginia and provide a pathway for additional electricity generated in West Virginia to power the data centers in Northern Virginia.

The map shows the northern line of this proposal beginning at Fort Martin, West Virginia.  Fort Martin is the location of FirstEnergy's coal-fired Ft. Martin Power Station.
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The plant uses more than 2.8 million tons of coal annually and at full capacity the plant’s generating units can produce more than 26 million kilowatt-hours of electricity daily.  Read more here. 

Of course, nobody wants coal-fired electricity any more and FirstEnergy has been toying with closing or selling some of these plants.  And then the PJM serendipity fairy arrived!  PJM needs transmission to bring a new supply of power to No. Va., and FirstEnergy can bolster the future economic success of its failing generators by connecting it to data center load.  And FirstEnergy's proposal was born.

The southern line of FirstEnergy's proposal is shown on the map as beginning at Pruntytown, WV.  Pruntytown is a gigantic substation where many electric generators in the area connect to the grid.  One such plant is FirstEnergy's Harrison Power Station in Haywood, West Virginia.

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Harrison uses more than five million tons of coal annually and at full capacity the plant’s generating units can produce over 47 million kilowatt-hours of electricity daily.  Read more about Harrison here.  FirstEnergy's bottom line wins again with this proposal!

But did anyone ask Northern Virginia if they wanted to import dirty coal-fired electricity from West Virginia to power their data centers?  PJM?  FirstEnergy?  Dominion?  These entities are going to have a really hard time selling this to a community with clean energy goals and aspirations.  The D.C. metro area is so worried about climate change that they have closed many fossil fuel generators in their own neighborhoods.  Why would these people just look the other way and shrug about increasing their carbon footprint every time they turn on the light switch?  Would local governments in Northern Virginia keep approving new data centers that need power if they knew they were increasing regional air pollution?  Where's the tipping point here?

In addition to the burning of more coal to produce more electricity in West Virginia, FirstEnergy's proposals also plan on hundreds of miles of new transmission rights of way across private property between West Virginia and Northern Virginia.  None of these affected landowners need this new electric supply.  It's simply passing through on its way to corporate users in D.C.'s growing urban sprawl.

Of course, FirstEnergy's proposal is only one of 72 that PJM received.  Other utilities have proposed connecting their nuclear and gas fired power stations in south eastern Pennsylvania to the data center load via new transmission lines.  Numerous proposals begin at the Peach Bottom Atomic Power Station in Delta, PA and the gas-fired York Energy Center in the same town.  Still other proposals want to connect the data center load to American Electric Power's massive 765kV transmission system in the Ohio Valley, where numerous fossil fuel plants are struggling to survive.  See the 765 lines on this map:

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The endpoint of AEP's 765kV system in Virginia is at a substation called Joshua Falls.  New lines beginning at Joshua Falls connect to the data center load as shown on this proposal map submitted to PJM by AEP subsidiary Transource.
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Northern Virginia communities need to go into this new power supply for their data centers with their eyes wide open.  Are all the "benefits" they are receiving from the massive data center build out worth increasing their carbon footprint?  Why are other communities in rural areas hundreds of miles from the data centers being forced to sacrifice their land and in some instances, the very air they breathe, so that Northern Virginia counties can increase their tax revenue and their sprawl?  If these counties are receiving all the benefits from the data center buildout, shouldn't they also step up and shoulder the negative impacts by building new coal, gas, and nuclear power stations in their own communities?

There has to be a better solution than this!
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How the Community Consultation Sausage is Made

8/23/2023

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Utilities, regulators, elected officials, grid planners, environmental groups, and pretty much everyone else not personally affected by a new transmission line or substation tell us that "early consultation" with impacted communities makes projects better.  You're supposed to go away happy with the new infrastructure clogging up your backyard because you were "consulted."

Consultation is a chimera.  It's an act.  They make a big deal out of pretending that your input and concerns matter, but they really don't.  You don't matter one bit and nothing you say, or any suggestions you make, have even a ghost of a chance of changing their predetermined plans.  Oh, sure, they give you a bunch of busy work to do, maybe a committee or other place to be creative, or just vent, but nothing you produce will ever be good enough to pass muster.  Why is that?

It's because utility planning is done behind closed doors.  The utilities and the grid planner, like PJM, create a fully-formed project before informing the public and beginning their fake "community consultation."  The community is approached with a fait accompli and the only options for the community is where to put it.  This is intended to cause community clashes between neighbors over siting, while the real enemy, the utility, gets no pushback at all.  Don't fight with your neighbors over where to put new transmission, direct your ire toward the real enemy.

When utilities finally roll out their set-in-stone proposals to the community and pretend to "consult", the community will set to work finding new routes, new ideas, new sources of energy, new ways to build transmission without community impact.  The community is industrious, creative, and usually right.  But when the community's suggestions are presented to the utility, the utility has 1,001 excuses why none of these solutions can ever work.  Where's the "consultation"?  It's a one-way street and the utilities simply bat away any new ideas.  They don't have to accept, or even consider, your ideas.  They're betting they can convince regulators that their ideas are better than yours because they are "experts" and you're just an uneducated peon.

The utilities then present documentation of their fake "community consultation" to regulators and say that the community prefers their plan to other alternatives.  The conclusion is that, after consultation, the community is on board with the utility's original plan and therefore regulators should approve it.

This exact scenario is played out in this recent article about a new substation in Fayette County, West Virginia.  The utility planned a new substation along Rt. 60 at one of two sites.  One of these sites was the desired site all along, but to pretend to give the community a choice, a second dummy site was added to the mix.  The community didn't want a new substation at either site.  It wanted the utility to put the substation somewhere away from the highway.  But, "...the company determined the other suggestions were not viable for the scope of what the project needed to house."  Gee, imagine that!  None of the other suggestions were viable at all.  There was absolutely no way to make them work, or for the utility to compromise at all with what the community wanted.  The utility's community consultation consisted of "...outreach and providing simulations of the project’s infrastructure."  The utility showed the community photoshopped representations of how the project would look next to the highway if they built it their way.  That is not "consultation."  It's propaganda.  The utility pretended that its picture show made the community happy.
“I think that sort of input that we got from the community and then also doing that modeling to show folks what it was going to look like when it’s constructed both helped along the project,” he said.
And the PSC said that the utility's preferred site was favored by more community members.
The commission observed that while many residents were still opposed to both the Garage Site and the Post Office Site, which is adjacent to the Victor Post Office on Route 60, they seemed more accepting of the Garage Site over the Post Office location.
Oh, they "seemed" more accepting?  Was that finding based on some hard evidence?  That's like asking the community if they would rather be flooded or burned.  Neither one is an acceptable option.  The community wants to be left alone and not put in "pick your poison" position.  The community actually chose neither of these options, but how would they prove the PSC's conclusion was wrong?

Community consultation is a performance.  Unfortunately, it's one in which the community must participate.  But a smart and cohesive community knows how the sausage is made and plays their own games with the utility during community consultation simply to document the community's road to victory in the regulatory process.  The utilities are not your friends.  The regulators are not your friends.  The only ones you can trust are your fellow impacted landowners, your friends, and your neighbors.  That's where grassroots action starts and succeeds.
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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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