Transource "Respects" Landowners by Filing for Court Order to Trespass and Damage Property

Transource Urges Court to Deny Due Process for Landowners

Transource has sunk to new lows this week.  Hard to believe they could go any lower, right?

Transource filed petitions in Pennsylvania and Maryland courts asking the court to order landowners along its proposed route to permit entry for "surveying," including "geotechnical surveys (including soundings and drillings for testing soil and bedrock)," and "civil surveys (including trimming or cutting vegetation necessary for survey purposes)."  That's right, in addition to all the other things it wants to do to private property, Transource wants to clear cut your trees and bring large equipment across your place so that it may drill into your bedrock.  And guess what you're going to get for this intrusion?  A promise that Transource will give you money to repair the damage they do.  You believe them, don't you?

I couldn't think of a more certain way to demonstrate to landowners how little they matter and how much this company disrespects them than this statement in a court filing:

Defendants will suffer no damage as a consequence of granting immediate possession, because any damage to the land will be remedied by the payment of money, per the statute.

Money can't put 100 year old trees back where Grandpa planted them.  And it probably can't fix compacted and mixed soil, not really.  And if your horse steps into a random drill hole and breaks a leg, maybe you can buy a new one with your free Transource horse voucher.  It's just a possession, right?  It's almost as useful as getting a free $10 meal voucher for having to spend 11 hours at an airport waiting for a cancelled flight to be rescheduled.

So what's the problem here?  The problem is that Transource has no legal authority to enter private property to "survey," and landowners have refused to voluntarily give permission to enter.  Transource is in a big, giant hurry to get its project built.  In fact, they're in such a hurry that they can't seem to wait for the state public utility commissions to find their project necessary and they want to pretty much "move forward" on building their project ahead of state approval.

​Transource spokespuppet Abby Foster tried to pretend it's just a few landowners holding up progress:

Transource appreciates that many landowners have granted them access to conduct surveys, Foster said. 
​
"Transource and its representatives are committed to treating landowners and their properties with respect," Foster said. "While reaching a voluntary agreement with property owners is a high priority, it is imperative for Transource to continue through the phases of the project as the company seeks regulatory approvals. The approval of this filing will allow Transource to proceed with field work for those landowners who have not yet granted the company access.”

How many landowners have granted them access on the proposed Eastern right of way?  Well, Transource's application says there are 38 owners in York County.  The media says filings were made against 36 landowners.  Two out of 38 is "many?"  No, it's not.  If it was only a few landowners, Transource could go around them and wouldn't need to file these desperate, reaching petitions.

It is not "imperative" for Transource to continue through the phases of its project before it has been determined needed by the state utility commissions.  Just because Transource and PJM signed an agreement setting pretty impossible deadlines is not reason enough to trespass upon private property, damage it, and then take away any due process for landowners to object.

​Transource says:

Transource PA will not be able to begin construction in time to allow the Project to be completed to meet the in-service date set by PJM.  If Transource PA misses the PJM-mandated in-service date, the public will suffer irreparable harm in the form of continued electric gridlock, and delay or ultimate failure  of the project.  Furthermore, Transource P A will suffer irreparable harm as Transource Energy has invested considerable time and money in attempting to obtain access rights to the route.

In fact, Transource PA has invested more than $6.0 million to date in siting, design and engineering. The foregoing harms would also result if Transource PA's access is obstructed by Landowners, or other unauthorized and untrained third parties who are present on the Property in the vicinity of the work corridor at the invitation of Landowners

Suffer?  The public will suffer?  How about those landowners whose property you've commandeered?  I mean, it sure sounds like you want to take over the place and make sure no "untrained parties" are allowed to use their properties while you are surveying.  Hey, guess what?  I read Transource's attachment on how to survey for bog turtles.  Complete instructions included.  Maybe landowners can do their own surveys?  Seems simple enough.  Either you see one or you don't.  And, by the way, can you define "electric gridlock" and list the actual harms that will be experienced by the public because of it?  You make it sound like people are going to drop dead if you're not allowed to trespass on private property.

And as far as your whining about how much money you've "invested?"  You act like this is your own money, Transource, and if you don't complete the project you'll lose your "investment."  That's absolutely not true!  Transource is guaranteed to recover its prudent "investment" in the project, plus 10.4% interest, even if the project is cancelled.  If the project is delayed and/or cancelled, Transource won't be harmed at all.  Transource will be made whole (plus 10.4% for its trouble) by electric ratepayers across the PJM region.  No harm to Transource.

But you know what's most galling of all?  Transource's attempt to prevent due process for affected landowners in Maryland.

Accordingly, this Court may issue an Order, granting this petition and authorizing Transource MD to enter onto the Subject Property to conduct surveys, and obtain information in connection with the acquisition and project, without the need for a hearing prior to the issuance of the Order.

Not only is Transource's legal pondering in its petitions unsound, but they want a judge to wave his magic wand and grant them the right to trespass without the landowner being able to question the company's facts and legal conclusions.  Only a lawyer who knows his work is shockingly wrong would insist that no other parties be allowed to participate and expose him for the corporate shyster that he is.

This just can't happen.

This is a train wreck waiting to happen.  You can't bully your way onto private property with the intention of destroying it just because you *want* to build something on it, maybe, later on, if you get actual permission.  Seems to me that cutting vegetation and drilling ARE construction.  Construction without a permit.

Tick tock, Transource!