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Interesting hearing at the WV PSC on Friday.  TrAILCo produced several witnesses in their defense... all on the TrAILCo payroll.

Jay Ruberto lived up to his landowner-given nickname of Snidely Whiplash by stating that he was "very proud" of the job TrAILCo did.  He's "very proud" of the way he treated John & Janie Ives, whose lives were turned upside down by TrAILCo's shifty land agents and the deceitful way they were treated?  In that case, I hope some greedy corporation treats his own parents in kind.  Karma is a cruel task master.

When asked what lesson the company had learned from TrAILCo, he said it was to keep the same land agents as a point of contact for landowners throughout the project.  Problems arose because landowners didn't hear land agents correctly and none of the land agent promises were in writing.  "It has to be in writing," said Ruberto.  Take a lesson, landowners -- TrAILCo has admitted how it was that they fleeced people.  A series of different land agents making promises that are never put into writing on the purchase agreement isn't a mistake.  It's done on purpose.  It's no coincidence that a land agent in a Canadian transmission case got busted for doing exactly what was done to landowners during the TrAILCo project.  A series of shifty land agents lying to landowners is an industry-wide transmission siting "Best Practice."  I guess TrAILCo hasn't really learned any lesson at all... yet.  Perhaps the WV PSC will stand up for West Virginians and teach the out-of-state TrAILCo corporation that they can't treat people that way.

TrAILCo also produced a trio of goofy kids from construction contractors and subcontractors who looked guilty as hell while testifying that all the destruction was caused by loggers hired by individual landowners, and the individual landowners themselves.  Next time, TrAILCo needs to hire some mature managers that look like they actually have some experience and not a bunch of kids who look nervous and guilty and treat the whole thing like a big, ol' funny joke.

TrAILCo's expert witness was a botanist, not a forester,  who shared that his contract with TrAILCo to evaluate the destruction in the ROW came after the March hearings and was subject to conflict between himself and TrAILCo.  I wonder what was in that contract?  He also testified that all the damage was done by landowner-hired loggers, but admitted that all his knowledge of these phantom destructive loggers came from TrAILCo (the guilty, smirking kids).  It's no wonder Commissioner Palmer demanded that TrAILCo submit a document stating their proof of independent loggers causing destruction at each contested site along the ROW.

The complainants entered a stack of DEP violation notices of individual incidences of environmental destruction for the TrAILCo project.

We gave TrAILCo's drama-queen, jack-in-the-box lawyer a new name after watching him pop out of his seat like it was spring-loaded with annoying regularity to object to everything and anything.  Me-me-me-me-me-lick (because it's all about "me") actually whined that TrAILCo's previously supplied map indicating which portions of the ROW were cleared by TrAILCo vs. which portions were cleared by landowners might not be correct because it was "only concerned with the 8 original sites identified in the complaint."  So, did TrAILCo lie when they submitted it, or are they lying now?

The Commission gave TrAILCo 30 days to submit their "proof" that all the instances of destruction in the ROW were caused by these mysterious "others."  The complainants will then have another 20 days to submit their rebuttal (which me-me-me-me-me-lick objected to and lost).  Then the Commission will issue its decision in the case.

Meanwhile, TrAILCo had best get busy repairing all the damage they did to private property while they built their transmission line and quit whining about how much it's going to cost.  Maybe if they hadn't offered all those bribes, like the new "transmission headquarters" and donations to energy assistance programs, in order to get their project approved by the PSC in the first place, they wouldn't be so hideously over budget now.  What do they care anyhow?  The ratepayers are footing the bill for all of it, and TrAILCo makes a pile of profit in yearly returns on the money they have invested in the project.  As a ratepayer, I'd much rather see my money being spent to return the private land to its former state, instead of leaving a trail of destruction and angry landowners as a legacy.  But then again, I must have a different definition of "proud" than the shysters at TrAILCo.
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Read this article in the Edmonton (Canada) Journal.  A third party land agent representing the Heartland Transmission Project was recorded by landowners saying that leaders had already made up their mind about the project and that it was "going ahead", despite the fact that hearings had not yet been held.  They were also told that if they didn't sign at that time, the monetary offer "wouldn't be available" after project approval.

In their defense, power company Altalink's engineer, Darin Watson, said he was "absolutely appalled" by the actions of the land agent.  He said the land agent in question was terminated and that an investigation is underway into this land agent's activity with other property owners.  The third party company that the land agent worked for has also been "suspended" from further work for Altalink on the project.

Sound familiar?  That's also exactly what happened in Pennsylvania during the TrAIL case.  Land agent intimidation and misrepresentation was dealt with in the exact same fashion by Allegheny Energy.  The power company denied responsibility for their third-party contractor, terminated guilty land agents, and canceled their contract with the land acquisition company.

We have also seen evidence of the same kind of land agent strong arm tactics and deception in the PATH case (just read the WV-PSC docket, Case No. 09-0770-E-CN).

Third party land acquisition companies are just another tactic in the power company playbook.  The power companies know that the only way to coerce landowners into signing agreements that are not in their best interest is through trickery and intimidation.  They purposefully use third party contractors to do it so that they can bat their eyelashes and play innocent when land agent tactics are exposed.  They can "punish" the contractor/land agent and absolve themselves of any responsibility in the matter.  No wonder these land acquisition companies are so well paid, the risk of being caught in deception and "fired" is probably a known part of their contract, and certainly part of the overall game.

Read more about the citizens' struggle with the Heartland Transmission Project here.  You will recognize many similarities between their struggle and ours.  The Power Company Playbook is international, however it is also getting much too familiar and therefore easier to subvert by citizens affected by transmission line projects.
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Here's a copy of a letter PATH has been sending out to landowners they have been harassing to sign easements and options for the past 2 years.  Not only are they not telling landowners the whole story of their "suspension", but they're using weasel words, just in case they "accidentally" do something they claim they won't do.  The letter tells landowners that they have "suspended nearly all activities on the project including efforts to acquire easements, survey work and other field activities involving the proposed route."  So, if you take them at their word, they're not going to be bothering you anymore.  But the weasels just can't resist throwing in the word, "nearly."  We know that their land agents are still in our communities, more than a month after their "suspension."  Why?  I've heard lots of reasons why from various people.  I guess those activities are covered by "nearly."

Meanwhile, back at the PATH ranch, the "Status Update" sent to FERC states that, "some non-development activities and non-capital cost expenditures will necessarily continue..."

It seems that quite a few of PATH's Option Agreements are due to be renewed (at PATH's discretion, of course, remember PATH wrote these Options and coerced landowners into signing them without the benefit of legal advice).  Renewal of an option requires another payment to the landowner.  The option payments to landowners are a capital expense.

Is PATH lying to the Federal Energy Regulatory Commission, or are they going to let the options expire?  Or, the most likely explanation -- Will PATH continue to be an uncoordinated, mismanaged mess where they say one thing and do another and when they're caught, they say, "ooops!"?
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See Bob Weatherwax's response to the West Virginia Attorney General's office regarding the "business opportunity" Ardent 360 "identified" in West Virginia.  Bob and Rob are now running for the state border as fast as their little legs can carry them and have "decided not to pursue the opportunity any further in West Virginia."

Notice how Bob chose those words very carefully?  Virginia and Maryland citizens are still fair game.  The West Virginia landowner who did the work here and filed the complaint has given you all a clear game plan to pursue in your individual states.  We need one landowner from Virginia and one from Maryland to file complaints with their Attorney Generals' offices.  Can we get some volunteers?

Only through citizen action will scammers like this be sent a clear message that affected landowners are not a "business opportunity" that can be further disenfranchised by opportunists like Weatherwax.  Isn't the threat that PATH is going to take your land and/or home enough without providing a "business opportunity" for a third-party parasite to line their own pockets with cash that should rightfully go to the landowner?

So, is this case over in West Virginia as the Attorney General's office suggests?  We'll see....
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Once again the citizens take the lead in protecting the interests of landowners targeted by PATH's greedy scheme.  The conscientious landowner who shouldered the burden of taking the first step to protect thousands of affected landowners received this letter last week.  It is because of this landowner's efforts that it is now made easier for the rest of you.  If you received one of Ardent360's letters, or talked with them either over the phone or in person, please contact the Attorney General's office toll free at 1-800-368-8808 and let them know about your experience with this "company".

We know Ardent360 is not licensed to do business in at least two of the states that it is operating in and from information received by landowners it appears that they are scammers.  It is up to you to send a clear message to these guys and any others who think taking advantage of WV landowners affected by PATH is going to be their financial windfall.  It will only take a few minutes, and you can feel good about yourself that you have done a good thing.

I spoke with a couple of landowners regarding their concerns about Ardent360 at Dominion's Open House last week.  They tell me that Ardent360 is no longer answering their phone or returning calls to landowners.  Ut-oh, Bob & Rob!

I really hope PATH was telling the truth about not being involved in this scam, although I hear that when a landowner contacted them about it, they were less than helpful.  Thanks, PATH, you're a real pal.

We all owe a real debt of gratitude to the landowner who stepped forward and took swift action.
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Here's how PATH is dealing with Ardent Ventures LLC/Ten Stone LLC, the scammers who are trying to take advantage of landowners along PATH's proposed route to insert themselves into your land deal and skim off some cash to line their own pockets.  Even after saying that they "find the tone to be pretty misleading" and "Ardent360 is a private party seeking to aggregate property interests for negotiations with PATH-VA in order that Ardent360 might obtain some portion of the negotiated amount,"  behind the scenes, PATH still publicly performs an action that can only be called impotent.

They don't mention the company involved, they don't mention what landowners are being told, they don't mention these scammers are representing to landowners that they can get "a higher price" for their property.  It's like Vern and Archie aren't really saying anything at all, and this "action" on the part of PATH is about as useful for discouraging scammers as teats on a bull.  Very ineffectual and completely worthless -- but that's about what we can expect from PATH.

Fortunately, I know of at least one citizen who has her complaint paperwork all ready to go to the Attorney General.  PATH has once again squandered an opportunity to receive at least a modicum of respect from the affected landowners.  And this makes me wonder...  is PATH behind the Ardent Ventures Scam, despite their protests to the contrary?  It wouldn't be the first time we've suspected we were being lied to; but we'll leave that up to the Attorney General to determine.
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Landowners in Jefferson County have been receiving this letter. It's from a company called "Ardent360".  This same group has also been calling themselves "Ten Stone LLC".  The three names of individuals that we have are Rob Dickinson, Mark Krom and Bob Weatherwax.

UPDATE:  A quick investigation by a few astute citizens has clearly revealed this to be a scam.  Read further in the comments section and at The Power Line here, here and here.

We urge you to contact your Attorney General's office (or equivalent) and file a consumer complaint.  Don't sit around and wait for "someone" else to do it.  You are "someone" and only through the collective action of many citizens will quick results happen.  In fact, why isn't PATH filing a complaint of their own?  Not only do the Brobbsey Twins seem to be on the wrong side of state law, they have also inserted themselves into a Federal process by trying to skim off profits for themselves through PATH's Formula Rate cost recovery system.  Ut-oh, Bob & Rob!  Looks like you failed to do your homework and could receive detention!

The Brobbsey Twins probably won't be the last opportunists that smell a tasty morsel to be had by scamming landowners and the power companies.  Only if we make an example of them can we hope to discourage future opportunists.

Signing a deal with these guys is NOT in your best interest.  Put quite simply, they want to steal a portion of your piece of the pie and make money for themselves by inserting themselves into your deal with the power companies.  Ardent360 has invited themselves to a free lunch at your expense.  We urge you to check with an attorney before even speaking with these guys.

They cannot "increase the price you receive".  You can do that yourself by refusing to sign a deal with the power companies and forcing them to take your property via the eminent domain process in the courts.

Just say no to Ardent360.

Now that the important business has been taken care of...

Dear Bob,

Thank you for reminding me of why I continue to do what I do.  It's to protect my friends and neighbors from reprehensible parasites like you.

It is with great restraint that I refrain from detailing my opinion of you personally.  However, I will sum up what I think of your "PATH is going to happen" rhetoric in your letter -- PATH IS NOT GOING TO HAPPEN!  I know that saying it is furthers your goals, but quit lying to people.  We all know that the PATH project is on shakier ground than ever and is not needed.

You really shouldn't have called attention to yourself, Bob.  Just ask your friends at the power companies what happens to liars who try to take advantage of people they feel are weaker than they are.  Go away, Bob.

Sincerely,

Keryn
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The Power Line has a great analysis of one of the first right-of-way purchase agreements that we have found between PATH and an owner of a large parcel of land in Jefferson County.

Prepared by the same attorney who is responsible for PATH's Option for Real Estate Sale and Purchase, this agreement also gives every legal advantage to PATH and strips rights from the landowner.

The average citizen is not equipped to deal with the PATH land agent and attorney sharks who are taking advantage of their lack of knowledge.  Be smart -- always demand to have your own attorney review any documents before signing.  If you think you can't afford an attorney, reality is that you can't afford NOT to have an attorney when dealing with PATH.

 
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Overconfident PATH land agents are getting sloppy -- we now have one of PATH's Option for Real Estate Sale and Purchase contracts.  This is the form they want landowners to sign and then, "The Parties agree to not record this agreement.  A separate Memorandum of Option may be recorded."  In other words, the form they file with the county clerk gives very little detail, but still preserves their option rights to the property.  And you know what they say, the devil is in the details, and the details in this unfiled Option look like they were penned by Satan himself (or one of his attorneys).

Please, property owners, do not sign one of these without your own legal counsel!  It appears to be written to give every legal advantage to PATH and strip every legal advantage from the property owner and leave them responsible for a bunch of potential future headaches and financial obligations.

Think of it this way -- if you were selling your property to any other individual or entity in the open market, would you allow the buyer to create all contracts, and then sign them at your kitchen table without an attorney present and then hope everything works out okay?  No, in the real world, both parties have an attorney representing their own interests present at settlement as a safeguard against underhanded or illegal practices.  Try not to get distracted by that wad of cash the land agent is waving around, because surely he's a snake and that cash is the apple that tempted Eve.

We will be adding more details about this contract (along with explanations of some of its provisions which may not be in the best interests of the property owner) to our Landowner Resources section very soon.  Please, protect your rights!
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