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Shame on you, Wall Street Journal!

1/1/2022

2 Comments

 
Happy New Year!  My wish for the year is that the news media quits behaving like a political commentator and begins investigating and reporting actual news while allowing the reader to make up his own mind without plowing through a bunch of biased hogwash and meaningless buzzwords.

Case in point:  The Wall Street Journal.

How in the world did the mighty fall so far?

It looks like WSJ hired a bunch of biased and uniformed energy reporters with a political agenda.  Not really surprising, based on the history, but it's actually getting worse!

These two political hacks masquerading as reporters think that Joe Biden can do something to speed up electric transmission permitting and siting. 

No, he can't.  Adding new layers of government control SLOWS things down, it does not speed them up.  But never-you-mind, these two gals believe!
The changes—which include giving the federal government more authority to intervene in state-level permitting decisions—are meant to expedite the approval of new transmission lines, which often encounter regional opposition and face years of delays.
What?  The federal government is going to file a petition to intervene in each state transmission permitting and siting process?  That's what she wrote.  Of course, that's not anywhere near accurate.  She just has a general idea that the feds can somehow force a state to permit, so she makes up some feel-good sounding crap that means absolutely nothing at all.  You know, a REAL reporter would have investigated this matter, found the enabling legislation, and then asked questions of the federal agencies involved.  This lazy reporter just made crap up.

Here's reality:  This is NOT a new process.  It's one that became law back in 2005.  What is new is a change to the wording of the statute that supposedly gives FERC the authority to site (and grant federal eminent domain authority) for a transmission line that is denied a permit by a state utility commission.  The old law only gave FERC authority if a state failed to act on a permit application. 

There's also a whole lot more to this process, such as a congestion study and designation of NIETCs.  This MUST happen first because the only transmission projects eligible for federal usurpation of state authority must be in a NIETC.  Even with a NIETC designation, the state process must play out before it could bump to FERC.  Also, add years of rulemakings and governmental bureaucracy (environmental reviews) to the mix.  And, does Congress actually have the authority to claim a role in electric transmission siting?  Our Constitution says the feds can't step into an area that was left to the states.  Add years of court challenges to this list.  Why didn't the reporter mention ANY of this?

You know, the whining of developers should have tipped a reporter off that there was more to this picture.
Developers expect the new measures to streamline approvals but say they might not be enough. Companies proposing transmission lines say they often face local opposition, protracted state-level study processes or pushback from rival companies that don’t want new sources of electricity coming into regional markets.

“You look at the history in the U.S., and it’s very tough,” said Mike Garland, chief executive of transmission and renewables developer Pattern Energy Group, which recently started operating a 155-mile transmission line in New Mexico that took about seven years to finish.

“A couple of people can stop a transmission line, and that’s really bad news,” Mr. Garland said. “For us, the infrastructure bill provides a number of benefits that can help. It doesn’t solve the problem.”
Of course it doesn't.  It does nothing but throw tax money at a problem and attempt greater force to crush people who object.  The harder the government stamps its boot on the neck of rural America, the more entrenched and creative the opposition will become.  Acting like a bully is never the way to get someone to cooperate.  Waving a big stick and threatening to beat someone with it if they don't get in line is not the way to solve a problem.  What the hell is wrong with you, Rob Gramlich?
Rob Gramlich, founder and president of power-sector consulting firm Grid Strategies LLC and executive director of advocacy group Americans for a Clean Energy Grid, said the Energy Department’s expanded ability to resolve and perhaps override state-level decisions could have a significant effect on efforts to expedite projects. But he said it remains unclear how the agency would use the new tools.
“It may just be the big stick they carry around while speaking softly in these regional transmission efforts and state siting proceedings,” Mr. Gramlich said. “But when everybody knows that stick exists, their behavior might change.”

Who is this clown?  What does a "power-sector consulting firm" actually do?  The reporter wasn't the least bit curious to uncover that Gramlich appears to be Bill Gates' energy investment lackey in his evil plan to take over the world.  Muhahaha, as Dr. Evil would say.

But let's get back to Mike Garland and his affront that a couple of people can stop a transmission line.  Ya know what, Mike?  There's a really simple solution to your problem.  If you bury your transmission line on an existing right-of-way, nobody is even going to want to stop your project in the first place!!  It's a miracle!  Maybe if Mike quits trying to take land from other people upon which to build his profit-making power line, we could make some real progress here.  No sticks, no made up propaganda, no reporter bullshit needed.

And where did the reporter get this notion?
Critics of transmission projects over the years have cited various concerns including the use of eminent domain, environmental impacts and potential effects on property values, among other factors.
Poor little city gal.  She doesn't know where her food comes from!  She completely misses one of the biggest concerns:  Transmission interferes with farming and lowers the yield.  There's actually a lot more to it that the reporter *could* find out, if she bothered to actually contact a rural transmission opposition group.  But she doesn't have time for the folks who grow the food she stuffs in her pie hole.

This whole article is full of derogatory presumptions, such as bringing up NIMBY, and blaming opposition on the fossil fuel industry.
Transmission line projects often face pushback during the permitting process, including opposition from established power providers. Companies that own nuclear and fossil-fuel plants have raised concerns about their ability to compete with wind, solar or hydropower delivered from other markets.

Maine residents last month voted to reject a $950 million transmission line under construction by Spain’s Iberdrola SA that would carry Canadian hydropower into the New England market. NextEra Energy Inc., a power company that operates a nuclear plant and an oil-fueled power plant in Maine, donated about $20 million to a political-action committee opposing the project and was joined by several other companies with plants in the area.NextEra declined to comment. Avangrid Inc., the U.S. subsidiary of Iberdrola that is behind the project, is fighting the ballot measure in court.

“This is really about the transition from the old to the new, and how we manage that,” said Avangrid’s deputy chief executive, Bob Kump.
Some Maine residents also raised concerns about the project’s potential harm to state forests and questioned whether the developer overstated its environmental benefits.
Sandi Howard, a music professor and Registered Maine Guide who leads a grass-roots opposition group, said the removal of tree canopy could hurt tourism and pose environmental and wildlife harms, including disturbing deer wintering areas and hurting native brook trout.
“Sometimes people throw up NIMBY,” said Ms. Howard, referring to the acronym for “not in my backyard.” “It’s bigger than that.”

These thoughtful committed citizens changed the world.  It wasn't about preserving fossil fuels.  Those companies did their own thing because they were protecting their own financial interests from competitor Avangrid.  If the shoe were on the other foot, Avangrid would do the same.  There's no honor among thieves.  I'll give you another analogy to go with it:  The enemy of my enemy is my friend.  If these companies wanted to dump a bunch of money into defeating the power line, are the grassroots groups supposed to stop their opposition?  Think about it, little city gal, and realize what you're "reporting" is presumptuous garbage.

And let's talk about Bob Kump's assertion regarding what this is really about.  Bob gets it wrong.  What it IS about, at its very core, is money.  Piles and piles of big green money!  Kump and his company stand to get very, very rich if they can build a transmission line through rural Maine and pretend to sell "renewable" power to Massachusetts.  It's always about the money.

The comments on this article are numerous.  Perhaps the most infuriating is this one:
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Bribing local communities in exchange for quietly accepting economic, health, and environmental impacts?  But how does that change the impacts?  It doesn't.  Not one bit.  This is the epitome of urban arrogance.  "Oh, let's put our nasties in some place far away where the people are poor and grateful for our crumbs."  Ya know, some states, like West Virginia, are tired of being urban toilets in exchange for a handful of colorful beads.  How about avoiding those impacts in the first place?  Burying the transmission project on existing rights-of-way means that nobody has to suffer, or be paid off to do so.  We're really not grateful for your beneficence.  Take your bribes and shove them.  Maybe if you put your big stick up there first, it can pave the way.

However, the comments overall seem to be telling the reporters the same thing... that Big Government is never the solution.  In fact, it's more likely to be the problem.
Chris Miller, the council’s president, said he remains concerned that the federal government could override state-level decisions on transmission projects without having to consider alternatives with potentially less environmental impact.
“You’re basically taking state and local self-determination and exchanging it for the administrative fiat of FERC,” he said. “If your goal is to protect the environment, that is not acceptable.”
It seems to me that this article could be summed up in one sentence.

Some People oppose transmission, but Most People need new transmission.

Some People are rural.
Most People are urban.

Did the reporter actually count everyone to see which should be labeled "some" and which should be labeled "most"?  How many is "some"?  How many is "most"?  Or are the words "some" and "most" propaganda words used to subliminally sway reader opinion?  Doesn't look like it's working.

This article is nothing more than a bundle of glittering generalities that mean absolutely nothing at all.  What a complete waste of time and effort.  How about reporting the facts for a change and leaving the opinion on the editorial page?  Shame on you Wall Street Journal!
2 Comments

...and Justice for All

12/29/2021

4 Comments

 
Time to myself has been a little scarce around here lately.  After nearly two weeks of hosting kids, grandkids, spouses, and assorted pets, I waved tiredly as the last car pulled out of the driveway yesterday morning.  I put a mountain of food-smeared table linens in to wash, picked up my purse, and was headed out the door to market because the only food left in the house was a crumb that was even too small for a mouse.

And then my email chimed.  "Probably just junk," I thought.  I turned to leave.  But the pull was too great... I simply had to see what it was.  When I woke up the screen, I saw a notice from the Court that an Opinion had been issued in my case. I might have panicked a bit and dropped my purse.  "This is it.  The end of our 12-year journey," I thought.  I almost didn't want to open the email.  After a few deep breaths, I screwed up my courage and opened it.  I could scarcely believe my eyes!  I immediately sent a text to my partner-in-justice Ali Haverty, who was visiting family in Seattle.  I'm not going to tell you what that text said.  Not ever.  She read the text as soon as she woke up, and let out a whoop that woke the whole family and, frankly, scared the crap out of them.

It's been a little crazy around here ever since.  I've talked to and exchanged messages with dozens of folks who played a part in this journey, as well as assorted friends and relatives.  Ali and I did a long interview with a reporter this morning.  And I finally had time to read the Court's Opinion through in a relaxed and thorough manner.  Now I can blog about it.

The email said, "Docket Text:  PER CURIAM JUDGMENT [1928333] filed that the petition for review be granted; FERC's Opinions 554-A and 554-B be vacated; and the case be remanded for further proceedings, for the reasons in the accompanying opinion. Before Judges: Srinivasan, Pillard and Randolph. [20-1324].

This means, of course, that we won.  An accountant and a school teacher beat a federal agency in court.  As Bloomberg Law said in the public portion of an article that's mostly behind a paywall, "Plaintiffs without counsel rarely are successful as these ratepayers were in their suit against the Federal Energy Regulatory Commission."  Makes us wonder how many other pro se litigants have been successful against FERC?  Who are these people?  If they exist, we need to meet up for drinks!

Of course, we're pleased!  We're happy!  We're thrilled!

But, we also worked hard for this victory.  Legal work isn't for the faint of heart.  And pushing yourself to make your work as perfect as the high-priced attorneys who practice in the D.C. energy world (and maybe in some instances, dare I say... better?) is probably silly.  But... how else can you get the system to take you seriously?  Ever since Ali and I started looking at PATH's formula rate process in the summer of 2010, we've had a very steep learning curve.  Fortunately, teaching myself complicated stuff I desperately want to know is a coping mechanism I developed early in life.  The internet is a great teacher!  We've also been very fortunate to be around some pretty great attorneys while this case has progressed.  And we've been soaking it all in.  And we soaked up a lot from FERC's enormously talented professional staff right up until things went south in January 2020.

So what did the Court's Opinion say?  It pretty much boiled down to a plain language argument.  In Opinion 554-A, FERC added the word "direct" to the language of its Account 426.4, which altered the text and meaning of the regulation.  The regulation says "for the purpose of influencing the decisions of public officials," but FERC interpreted it to say "for the purpose of directly influencing the decisions of public officials."  Then FERC claimed that PATH's expenditures to influence the decisions of public officials were "indirect" and therefore didn't belong in the account.  The Court said,
To so depart from "the regulation's obvious meaning" would "permit the [Commission], under the guise of interpreting a regulation, to create de facto a new regulation." Christensen v. Harris Cnty., 529 U.S. 576, 588 (2000); accord Chase Bank USA, N.A. v. McCoy, 562 U.S. 195, 211 (2011) (internal quotation omitted)
One of my favorite cites, and one I memorized while writing a mountain of briefs.  Who determines what a regulation means?  Is it the language of the regulation, or is it subject to the varied interpretations of a string of appointed bureaucrats who enforce the regulation over the years?

But I think maybe my most favorite sentence in the Opinion is this one.
Petitioners initially succeeded—twice—on those claims.
We worked incredibly hard to get to the Commission's original Opinion No. 554.  It was the product of 7 years of effort on our part -- from our first initial look at PATH's formula rate to our Brief on Exceptions.  And then FERC reversed itself and threw all that away.  We had no choice but to try to set things right again.

And justice prevailed.  We are incredibly thankful.  Also incredibly tired.  But don't worry... A woman is like a tea bag - you can't tell how strong she is until you put her in hot water. -- Eleanor Roosevelt. 
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4 Comments

It's Been No Bed of Roses

12/28/2021

0 Comments

 
This song has been with me for a long time.

Let's play it again!
0 Comments

It's All About the Adjectives

12/20/2021

0 Comments

 
I don't write a lot about gas pipeline issues, but this article in Marcellus Drilling News deserves an exception.

The adjectives used are exquisite (and of course unnecessary).  Someone's knickers are in a hard twist over this court case.  As if the judges could be swayed by ad hominem arguments in an industry newsletter.
Radicals Using MVP Case to Void Eminent Domain for All Pipelines
In 2019 a group of Virginia landowners filed a lawsuit against the Equitrans Mountain Valley Pipeline (MVP) project, because they didn’t like how the pipeline left a mark across their horse pastures. The landowners arrogantly argued Congress improperly delegated its legislative powers to FERC and that ALL pipeline approvals made by FERC that have led to property being “taken” against a landowner’s wishes, including MVP, should be invalidated. In May 2020 a federal court dismissed the case. Using money from Big Green groups (who are funded by foreign countries like Russia and China), the uppity landowners appealed once again and, unfortunately, the case remains active and live, now in a higher court.

Radical, arrogant and, my personal favorite, UPPITY are adjectives used to describe landowners in the opening paragraph.  The rest of the article is behind a paywall, but I can guess that it probably contains more derogatory adjectives and arrogant observations about the gas industry's opponents on this matter.

Landowners "don't like how the pipeline left a mark across their horse pastures."  So, all affected landowners have horses, and pastures?  Or only the moneyed few who spent their own hard-earned cash on a legal battle?  Not sure if gas rates are like electric rates in this way, but if this pipeline were a transmission line, the landowners would also be paying for the gas company's legal fees, propaganda, and lobbying, to get this project approved. 

But there's always the courts, and the buck stops there.

In case you're curious about the eminent domain aspects of this case, here's another news article without the adjectives (or maybe creative adjectives for the gas company, instead). 

And if you're really interested in stripping the biased media crap from this issue, you can listen to the Oral Argument at the Court here.

Do companies get genuinely angry at the citizens who rise up to challenge their arrogant presumptions?  Yes, but they normally don't demonstrate it in such a public fashion.  But I guarantee your company overlords are talking about you in derogatory fashion in internal emails, if you've managed to get under their skin far enough.  Been there, done that.

The energy industry is frustrated, both the fossil fuel industry and the clean energy industry.  One because they suddenly can't build anything at all, and the other because it can't build things fast enough to suit.  Landowners are the target of both.  How DARE landowners actually fight back to keep what they rightfully own?  The adjectives are probably going to get a lot more creative in the future.
0 Comments

Undergrounding Transmission Is The Only Option

12/17/2021

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West Coast utility PG&E recently announced plans to underground 10,000 miles of its electric transmission lines.
PG&E will unveil plans in February to bury about 10,000 miles of electric power lines across California in a bid to curb wildfire risks in the scarred North Bay region, the utility giant’s chief executive told The Press Democrat Monday.
Patti Poppe said the San Francisco-based company will build upon the efforts of burying almost 100 miles of electric distribution lines by year’s end. That includes 4 miles within Rincon Valley that now allows 11,000 customers to avoid preventive power outages during wildfire season. Projects in other North Bay counties haven’t yet been identified.
“Even 100 miles makes a difference. You know 200, 300, 500, 1,000 miles makes a huge difference in our highest-risk areas,” Poppe said. “We are getting great feedback on our ability to do it at an affordable cost for customers, which a lot of people doubted at first.”

Underground transmission lines don't start fires.  What's it worth to put a stop to the continuing wildfires caused by electric transmission?  Burying the lines will be expensive, but not burying the lines will be even more expensive, and could cause a loss of life.

The Tennessee Valley Authority, a federal power marketer, said that at least 100 electric transmission towers were damaged by recent tornadoes. 
According to the TVA, at least 100 transmission towers and poles were damaged and destroyed; with 29 TVA transmission lines knocked out of service. More than 20 customer connection points – where the TVA power system meets with local power companies – went offline leaving more than 250,000 customers without power amid and after the storms.
Repairing these lines to get power flowing again is going to be time-consuming, difficult, and expensive.  Perhaps the money would be better spent undergrounding transmission lines, but that would take way too long at this point.  TVA will repair what it already has and then hope it doesn't happen again.  But it probably will.

Missouri Governor Mike Parsons has applied for federal disaster relief to repair "extensive damage to power delivery systems" after recent tornadoes hit the state.
The Missouri State Emergency Management Agency (SEMA) found the heaviest damage to electric cooperatives infrastructure occurred in the bootheel counties of Dunklin and Pemiscot, where more than 20 large transmission towers and lines were destroyed or heavily damaged. 

Utility crews have rerouted power from other sources until a permanent repair can be made. At its peak, more than 30,000 people were without power.

More than 20 large transmission towers were destroyed or heavily damaged.  Repairs will be lengthy and expensive.  And then Missouri waits until the next weather event takes down the same towers again.

Don't you think it's time to begin undergrounding new transmission lines?  Making electric transmission ambivalent to weather events would be a HUGE step towards ensuring increased reliability.

Maybe Parsons can start by ordering bargain basement utility wannabe Invenergy to find a route to construct its Grain Belt Express underground on existing rights of way?  That would be a huge first step and a truly innovative solution.

Weather is going to happen.  But we don't have to have massive electric failure every time it does.
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ACEG Finds Something Nasty in its Punch Bowl... again!

12/13/2021

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Hats off to you, Ellen Barfield... whoever you are!  Ellen had the nerve to ask a relevant question during one of "Americans for a Clean Energy Grid's" recent proganda-inars.  I haven't been to one of their ridiculous "events" in years, ever since I had the nerve to ask a relevant question myself, which got me deleted from their mailing list and dis-invited to future "events."  I'm sure Ellen will find herself similarly blacklisted soon, but I have a feeling she, like me, absolutely doesn't care.  I mean, it's not like average Americans actually tune into these events to be educated... it's usually just to have some fun with the schmucks and ask questions they would rather not address.

ACEG might need to tighten up its list though... because random Americans keep getting in.  One such American tuned into the recent propaganda-inar for giggles and then sent me a report and screen shot.  It seemed like when Ellen asked her rather pertinent question, the chat was subsequently shut down.  I guess they were afraid they might get even more questions they didn't want to answer from, you know, Americans?

Ellen asked this:
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And when the idiots got to the Q&A part of their propaganda-inar they said something ridiculous and inapt like transmission is necessary to provide renewables from afar when local ones aren't working.  So, when offshore wind isn't producing (which is like, never) then solar from California could save the day for east coast states.  Idiots, indeed.  The narrative goes something like this... when the sun is up in California, it produces more than they need so they could share.  But, as soon as it sets, California finds itself in need of imports from elsewhere, like east coast offshore wind.  The idiots assure that renewables are producing more than needed somewhere at any time of day.  Except when it's night, and California needs a replacement for its solar.  The sun has set to the east hours ago, and night is long and dark.  It's not like wind generators elsewhere can pick up all this load, plus their own solar-dependent load after sunset.  I guess there just won't be any electricity after dark anymore.  Adjust, it's the new normal.

Who is even fooled by this silly, swiss cheese narrative?  The idiots talk a lot about "resilience," which is a new concept that began happening right about the time fossil fuel baseload power began shutting down.  How come "resilience" is a new concept?  Why hasn't it become an issue during the past 100 years?  The problem is that as we become more renewable dependent, variable renewables simply can't keep up with maximum generation events.  When we had plenty of baseload power that could run when called, those generators were there to pick up the slack during weather events.  Now we don't have that luxury.  It's not like weather has changed much, it's that the new normal generators simply can't keep up when anything out of the ordinary happens.  And then they need to "borrow" generation from other regions shipped on new transmission "for resilience."  But as more and more baseload generators get priced out of market and shut down, the pool of "resilient" generators gets smaller and smaller.  Soon, it could cease to exist at all.  What good are "resilient" transmission lines that are  not connected to any producing generator?    Building new transmission for "resilience" is idiotic.

I was also humored by ACEG's last minute addition of some guy from Google supposedly representing "consumers."  Google is about the biggest consumer there is, but it doesn't represent the average American consumer.  If I was allowed in the room I might have asked him why he thinks Americans should pay more in their electric bills to build more transmission and renewables so that his company can meet the corporate goals it sets for itself?  It's not like the average American consumer had any say in Google's corporate goal setting, therefore they should not pay for it.  I might also ask him why Google doesn't site its energy gulping data centers in the Midwest, close to all these renewables it is demanding, and save the rest of us the cost of new transmission?  Why junk up the Washington, DC suburbs with a bunch of new data centers and then demand everyone else pay to supply them with renewable energy?  I mean, what Google employees would want to live THERE when they could live in Kansas, or Oklahoma, and have wind turbines and solar panels in their own backyards?

The arrogance is simply stunning.

And the idiocy.

How about Americans for Reliable and Affordable Generation of Electricity?  Think about it.

Ta-ta until the next propaganda-inar, when Americans will infiltrate and ask pertinent questions.
0 Comments

Invenergy Insults Missourians

12/11/2021

1 Comment

 
Who do you think you're fooling, Invenergy?  In response to a puffy, propaganda editorial touting the "genius" of Grain Belt Express, Monroe County Missouri Associate Commissioner Marilyn O'Bannon speaks for Missouri in a response op ed, Misleading Missourians is the real aim of the Grain Belt Express.

O'Bannon says,
Plundering the land of Missouri landowners for private gain is not heroic nor commendable, but rather a shameful abuse of eminent domain laws by an out-of-state billionaire who aims to ship government subsidized wind energy across our state’s borders and profits into the pockets of investors. It does not benefit the state when private companies manipulate our eminent domain laws to serve only their bottom line and not our citizens.
It looks like Invenergy's "Way of the American Genius" public relations campaign hasn't fooled anyone... anyone at all.
... the author’s attempt to equate the corporate behemoths behind Grain Belt Express to true Missouri trailblazers like Mark Twain, J.C. Penney and Walt Disney is an insulting attempt to mislead, misguide and distract readers from the facts. 
First, the Grain Belt Express is not a product of a Missouri genius, but rather an outdated idea of a Chicago billionaire whose intent is to drive profits for investors. If Grain Belt Express was truly innovative they would be taking notes from the SOO Green which delivers renewable energy underground on existing rail rights of way through Iowa to the Eastern U.S., eliminating land and environmental impacts of above-ground merchant transmission lines.
New transmission without landowner sacrifice?  Now that's REAL American genius!  But GBE is a bargain basement, leftover idea that Invenergy bought at fire sale prices from defunct Clean Line Energy Partners at the time it went belly-up after wasting $200M of its investor's money.  Instead of making GBE better, and making it welcome by everyone, Invenergy continues to spend as little as possible trying to make this bad idea work.  It's not like Invenergy cannot bury this project on existing rights of way, it's that it simply chooses not to.  The people of Missouri are not respected in the least by Chicago-based Invenergy and its super-rich CEO Michael Polsky.  Any flimsy excuses by Invenergy that it cannot bury its project should fall on deaf ears because the company has demonstrated that it CAN bury new transmission when it demonstrates a bit of respect for landowners in its path.
Even the Clean Path NY project (of which Invenergy is a partner) is buried underground. One would think an actual genius could modify the Grain Belt Express project to provide all of the “benefits” of clean power without the major disruptions. But corporate greed stands in the way of actual progress.
Corporate greed?  That's right!  Instead of building a more expensive project that doesn't require landowner sacrifice, Invenergy seeks to squeeze maximum profits out of its project idea through the use of eminent domain to acquire land as cheaply as possible.  It's not like the use of eminent domain creates cheaper rates for GBE's customers.  GBE's rates will be market-based; that is it will charge the maximum amount it can negotiate with customers based on the market value of the transmission capacity.  The market value will not change if GBE uses eminent domain.  The market value depends on the value of the service to voluntary customers.

Customers?  GBE only has one, and that contract is priced below cost, a loss leader, signed for the purpose of Public Service Commission approval.  The claims of savings are based on numbers at least 5 years old, and that pie-in-the-sky figure was created based on overpriced contracts with Prairie State that have since expired.  Isn't it time for Invenergy to do a re-calculation based on current contracts and market prices, instead of spending its time creating fake "American Genius" marketing campaigns that serve no foreseeable purpose?  Who is Invenergy marketing to with this campaign?  Is it supposed to be the landowners?  Is it supposed to be the County governments, who have yet to grant assent for the project to cross county roadways?  Is it supposed to be potential future customers that Invenergy has not even attempted to negotiate with in a fair and open manner?

Invenergy isn't fooling anyone, except maybe itself.  Missourians know that there's a very real possibility that the project will never be built.  Instead of seeking customers and financing for its project that would assure Missouri's elected officials that the land taken by eminent domain would actually be used for a public purpose, Invenergy wastes its time and money pretending to be a genius.
... it may surprise some readers to learn the Grain Belt Express is a purely optional merchant transmission line which has not been ordered or required for any ratepayer need. Instead, it is a private, supplemental, profit-making endeavor as a merchant transmitter of electricity that is not restricted to wind energy. It is NOT funded by ratepayers because it is not for them. It is funded by investors who receive the benefit from the project. As an optional project, Invenergy can cancel the Grain Belt Express at any time. In fact, the project may never be built if the economics do not translate into returns for investors. For this reason, the project should not be allowed to take land “for a public use.” Landowners deserve certainty, not smoke and mirrors, and Grain Belt Express should not interfere with landowner rights before it even has customers and financing for their project.
If Invenergy takes land using eminent domain now, there's no guarantee that the land will actually be used for a public purpose.  What happens if Invenergy takes land now and later cancels its project?  Will it have to give the land back when it doesn't serve a public purpose?  Or will it be able to keep the land it took under the guise of public purpose and use it for its own private profit?

Missouri's elected officials are understandably cautious, and they're not fooled in the least by Invenergy's smoke and mirrors.

Read the whole editorial for yourself.
1 Comment

The Elephant in the Room

12/6/2021

0 Comments

 
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Consumer Organizations filed reply comments on FERC's Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection proceeding last week.

The Consumers pointed out
... landowners and community groups represented solely by the undersigned Consumer Organizations are the elephant in the room that is ignored by nearly all other commenters.

No matter the new rules implemented through this proceeding, the Commission cannot avoid the elephant. All commenters support their own version of transmission utopia, with very few acknowledging that the transmission the new rules are designed to encourage can be made more expensive, delayed, or perhaps even cancelled, through opposition from affected landowners and communities. No rule made by the Commission can overcome the will of the people to join together to protect their interests against what may be seen as an invasion that jeopardizes their homes, health, heritage, and ability to earn a living.
The "problem" of transmission opposition is being approached incorrectly by numerous other parties to the proceeding.  Instead of curing the reasons that foment opposition, some parties wrongly insist that opposition can be thwarted by devising new ways to force unwanted transmission on affected communities.  It's about power, not compromise or innovation.

Transmission opposition has existed as long as there has been transmission.  It's not going away if transmission builders are given more power over affected communities; in fact, that is the recipe to increase entrenched opposition.  Opposition is motivated and creative and will continue because the alternatives are simply unacceptable.  The more transmission that is proposed, the greater the opposition.

True innovation to build transmission that provides benefit without sacrifice is the only way forward.  Let's hope the Federal Energy Regulatory Commission recognizes the solution that is within their grasp.
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Better Building of Roads To Nowhere and Better Usurpation of State Authority

11/18/2021

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Special interests have successfully pushed through their plan to make two important changes to federal law regarding transmission.  The "Infrastructure" bill is chock full of lots of stuff, but I'm only going to concentrate on two things that are going to waste an enormous amount of time and a whole bunch of taxpayer funds trying to build electric transmission roads to nowhere and usurp state authority to site and permit new transmission.

Let's look at the second issue first.  Congress amended Section 216(a) of the Federal Power Act (16 U.S.C. 824p) to give the Federal Energy Regulatory Commission authority to issue a permit for a transmission project for which a state "has denied an application seeking approval pursuant to applicable law."  See the law that was amended here.  See the amendments to the law here in Section 40105.

But there's a whole bunch more to it that's going to practically guarantee more than a decade of process and court battles.

In order for FERC to exercise its newfound authority, the transmission project must be sited in a National Interest Electric Transmission Corridor (NIETC).  These corridors may be designated by the U.S. Department of Energy after it performs a "study of electric transmission congestion."  The law was amended to add that "the designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid."  Looks like it's not limited to renewables, although why should we designate corridors that would take private property to transmit "intermittent energy"?  Only if we want our electricity to work "intermittently"?  Also, "the designation would result in a reduction in the cost to purchase electric energy for consumers."  Must result in cheaper energy.  Renewables, with all costs included, are not cheaper.  But never fear, our heroes in Congress have included a protective guardrail for landowners whose private property would be taken by a new FERC permit...  "...in the determination of the Commission, the permit holder has made good faith efforts to engage with landowners and other stakeholders early in the applicable permitting process..."  There, that solves everything.  As long as transmission company land agents begin pestering you with incessant phone calls and by showing up at your property unannounced at their own whim early in the process, you're protected.  This is just so much undefined garbage that it does absolutely nothing to protect landowners.

However, the congestion study and NIETC designation would take years to accomplish at DOE, where well-fed bureaucrats stumble lackadaisically through their work days.  And then guess what?  Any designation is a federal action that requires an Environmental Impact Study under NEPA.  That can take perhaps 5 years... because bureaucrats, you know.  After that, it's a surety that any corridor designation would be challenged in federal court.  Add at least one year, possibly two.  Also, these DOE congestion studies are only performed every 3 years (although DOE has never delivered like there is any deadline whatsoever).  The last one was performed in 2020.  It remains to be seen whether shifting political winds will cue up another study before the three-year deadline is up.  It also requires that, in order for FERC to "permit" a transmission project, the project must first go through a state permitting proceeding and be denied.  That will take another year or more.

So, let's put this on a timeline:  2023 - congestion study.  Perhaps a designation a year later, after "consulting" with states and Indian tribes - 2024.  Add EIS - 2029.  Add court challenges - 2031.  Meanwhile, the transmission project must first seek state approval.  It remains to be seen whether this will occur before or after they try to establish a corridor.  Most likely, the corridor designation will precede state application because what good is having FERC backstop authority if you can't threaten state utility commissions with losing jurisdiction if they deny?  So, let's add another year for state permitting, and then how many years do you think it may take FERC to site and permit if it decides to use its new authority?  I'm going to estimate at least three, because first FERC has to come up with regulations for its permitting process, which means a rulemaking and then possible court challenge on the rulemaking.  And even if it manages to jump all these hurdles, FERC's permit and siting can still be, once again, appealed in federal court.  Add another year.  I think we're up to like 2036 now, but who's counting?  Yup, this is REALLY going to help with immediate building of transmission for renewables.  You morons!  You've tied yourself up with new layers of Big Government process that's going to take at least 15 years to untangle. This is going to be a colossal waste of time and resources.

And then let's get down to basics... is this move to usurp state authority to site and permit new transmission even Constitutional?  The Tenth Amendment to the Constitution provides that the “Powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people.”  Can the federal government simply mandate a takeover of state power to site and permit electric transmission like that?  This is going to be an interesting slog through the federal court system.

Think that new law is stupid?  You ain't seen nothing yet!  Congress also added a new section creating a "Transmission Facilitation Program."  (See Section 40106 of the new law linked above).  In a nutshell, this is a federal effort to use our tax dollars to build transmission roads to nowhere.  Lots of our tax dollars!

This new provision establishes a "fund" of $2.5 Billion for the Secretary of Energy to "
enter into a capacity contract with respect to an eligible project prior to the date on which the eligible project is completed."  What's a capacity contract?  It's a contract to purchase capacity (use) of a new transmission project.  A merchant transmission project is a market-based project.  Although there is no regulated "need" for new transmission, an investor may propose to build one at his own expense with the hope of selling capacity to a voluntary market.  If there are no volunteers to buy the capacity, then there is no market need for the transmission project and no one will use it.  In that instance, the project is not built and the investor eats the cost of his own failure to attract market interest.  However, this stupid new law props up unneeded projects using your tax dollars!  If a proposed merchant project cannot attract any voluntary customers to pay for and use its project, then the federal government could buy the capacity, even though it is not going to use it.  Because the federal government is underwriting this private profit project with your tax dollars, the merchant can go ahead and build, even though it has no customers of its own.

A transmission road to nowhere with no customers, paid for by you.  We're going to build unneeded electric transmission across your property using eminent domain, and then let it sit there and rot because nobody is using it.  Have we reached the pinnacle of stupidity yet?

Oh, but wait, the federal government has a solution... it can only "enter into capacity contracts that will encourage other entities to enter into contracts for the transmission capacity of the eligible project... for not more than 50 percent of the total proposed transmission capacity of the applicable eligible project."  So, it's sort of like painting Tom Sawyer's fence.  The federal government thinks that if it underwrites the cost of a transmission project that nobody wants to use or pay for, that will somehow "encourage" those customer to change their mind?  If it wasn't economically attractive in the first instance before the government stepped in and added a bunch of additional costs and interest to the cost of capacity, it certainly won't be attractive to customers at an increased price.  Did these folks fail elementary school math?  A transmission project that did not attract any customers when it was first offered it not going to magically attract interest after the Secretary of Energy starts painting Tom Sawyer's fence using your tax dollars.

So, what's going to happen when the customers aren't "encouraged?"  The federal government will continue to prop up the transmission road to nowhere that nobody uses "for a term of not more than 40 years".  

How much of our money might the Secretary pay for this capacity that it isn't going to use?
the fair market value for the use of the transmission capacity, as determined by the Secretary, taking into account, as the Secretary determines to be necessary, the comparable value for the use of the transmission capacity of other electric power transmission lines; and (B) on a schedule and in such divided amounts, which may be a single amount, that the Secretary determines are likely to facilitate construction of the eligible project, taking into account standard industry practice and factors specific to each applicant, including, as applicable-- (i) potential review by a State regulatory entity of the revenue requirement of an electric utility; and (ii) the financial model of an independent transmission developer.
It's going to buy 50% of the project's capacity at a rate that will support 100% of the project's construction.  There's nothing "fair market value" about that calculation.  The federal government is going to underwrite the entire cost of unneeded transmission roads to nowhere and then try to sell capacity to a third party that didn't want to buy it in the first place.  It doesn't matter if anyone is ever encouraged to buy the capacity from the federal government.  That unused transmission line is going to sit there rotting for 40 years... or maybe forever.   And what happens if the Secretary doesn't manage to sell the capacity to anyone else over that 40 year contract?  It simply forgives the entire amount it paid to the private party over the life of the transmission road to nowhere to be used by nobody.  What does the government care?  It's not their money... it's yours.

There must be a need for every transmission project.  We can't just build them because we think they're pretty, or they provide jobs, or maybe someone might want to use them someday.  Need is determined either by a regional planning organization or a market need for the project demonstrated by signed capacity contracts.  The federal government can't create a "need" by signing fake contracts for capacity that may never be used.

This craziness tap dances all over the current rate model of merchant transmission.  FERC may grant a merchant transmission project the authority to negotiate rates with voluntary customers in order to pay for its project.  The negotiation process must be fair and is subject to regulatory scrutiny.  In addition, there may be no captive customers for a negotiated rate project.  All participation is voluntary.  When the federal government starts signing capacity contracts without any market competition that would serve to keep contract prices at fair market value, it is no longer a market-based process.  In addition, when the federal government starts trying to resell unwanted capacity it has purchased, it would have to meet the same scrutiny as the original project owner.  Not sure that can even happen without a whole bunch of new rules.  FERC is going to have to have a huge, regulatory reckoning with its negotiated rate authority process and precedent before any of this nonsense happens.  So, another time consuming, money-wasting dead end.

Also, a state may deny to approve a government-funded merchant project.  Then they'd have to go back to square one designating a NIETC corridor.  Round and round the regulatory revolving door they go!

Never let advocacy groups make new laws.  They're not smart enough not to harm themselves and others.

The only drawback here is that fighting all these battles is also going to be time-consuming and expensive for affected landowners.  But we never give up!  Game on!
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New Transmission Will Enable More Fossil Fuels

11/12/2021

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Well, this might knock the "clean" wind out of some environmental group sails.  What if all this new transmission "for renewables" actually enables more fossil fueled electricity production?

On their best day, these clean energy advocates aren't as smart as the fossil fuel industry is on their worst day.  No matter all the new policies and rules developed to give a leg up to new renewable energy production, the fossil fuel industry will develop ways around them.

Maybe the environmental advocates should reconsider their love of big transmission after reading this opinion piece?
If natural gas pipelines are difficult to permit and build, and if the federal regulatory process has a durable bias for transmission, and if gas-fired generation will be a necessity especially as nuclear power plants and coal-fired generation retire at alarming rates, it seems reasonable to assume that eventually, companies are just going to start building power plants at natural gas wellheads and hooking up to the grid from those sites.
To assume otherwise is to assume that the people who run energy companies are incapable of second-order thought. It also requires one to assume that traditional fuels, which made up around 80% of primary energy use in 1970, 1995, and last year, will vanish in the next few years.
Clearly, both assumptions are likely to be wrong. So, it seems likely that we are heading towards a world of — throwback warning — gas by wire.
The lesson for this and pretty much everything in life? Be careful what you wish for.

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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.

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