Menu:

 
What is it about "no" that industry lobbyists don't understand?  HR 3280, the Powering America for Tomorrow Act, was introduced by electric utility pet Rep. Jim Sensenbrenner (R-Wis.) last month.

I finally got around to reading this legislative Charlie Foxtrot.  Here's what it intends to do for you!

It establishes "Regional Transmission Planners" as approved by FERC.  In our region, that would be our biased friends at PJM Interconnection, who lied about the "need" for the PATH project for years.

These "Regional Transmission Planners" would apply to FERC for a federal Certificate of Public Convenience and Necessity for the projects they "approve," and "substantial deference" by FERC would be given "to any proposed finding of public convenience and necessity by a regional transmission planner in a regional transmission plan" during a FERC "notice and opportunity for hearing."  This completely cuts out any role for your state public service commission for any lines 230KV or higher.  The bill says your state PSC still has "siting authority," unless they "den[y] a complete application seeking approval for the siting of the transmission facility."  In other words, if your state PSC says "no," then FERC can overrule them and issue a permit.  What kind of a role is that for the states?

Once FERC issues their permit, "A proposed finding by a regional transmission planner of public convenience and necessity regarding a regional transmission project is excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), provided an environmental assessment or environmental impact statement is required to be prepared by the Commission under such Act."  That's right, FERC is going to do away with any environmental reviews and allow transmission projects to plow right through your backyard, or wherever else they please.

Well, isn't that special?  This bill allows FERC, Regional Transmission Planners and Electric Utilities to operate outside the law, usurp existing state authority, and make sure you don't have a voice in what happens to your property.  You also get to pay for these transmission projects as well, with delightful double-digit rates of return for the electric utilities.

According to this article, "Rob Thormeyer, a spokesman for the National Association of Regulatory Utility Commissioners, said his group opposes the legislation. “It takes the local element out of siting, shutting out consumers and landowners,” he said in an email. “It would create a larger federal bureaucracy likely resulting in the unnecessary and inefficient building of transmission.”

The bill is currently in the House Subcommittee on Energy and Power (second committee listed on the page).  Entertain yourself by calling up the members of this Committee and letting them know that you think this bill is a very bad idea.  These representatives and the electric utilities must think we're morons.  What a hoot!


Add Comment
 
 
I'll give the investor owned utilities credit for their persistence.  They simply refuse to give up on the idea of putting FERC in charge of high voltage electric transmission permitting and siting.

Less than three weeks ago, the Department of Energy declined to officially delegate their authority to designate National Interest Electric Transmission Corridors to FERC.  This stunningly bad idea was the brainchild of former FERC Commissioner and current NextEra Energy lobbyist Joe Kelliher as a way to provide free transportation for his company's wind power resources to coastal load centers.  Transmission lines aren't paid for by the utilities who invest their capital in the project, they are ultimately paid for by the ratepayers, with delicious double-digit incentive rates of return for the energy companies.  Building unneeded new transmission lines is a cash cow for the utilities.

Today, Platts reports that new House legislation has been introduced that will give FERC the authority to site transmission lines and repeal the DOE's NIETC authority and replace it with a new FERC authority to designate transmission planning regions.  Same stupid idea, different game plan.

This version of the game is credited to Jim Hoecker, former FERC chairman and lobbyist for the WIRES front group.  Those former FERC Commissioners now raking in the millions by returning to the industry that spawned them in the first place are a dime a dozen.

Here's how it's supposed to work:

"These regions would then propose for FERC's approval high-votage transmission projects already included in the planning process.

Regional transmission planners could propose that FERC grant certificates for specific projects and the bill would require the commission to give these planners "substantial deference" for such requests.

The proposal also would permit FERC to issue permits to build interstate transmission lines.

The issuance of FERC certificates is modeled on FERC's gas pipeline siting authority, but the bill stops short of giving the commission eminent domain to order the construction of any line over the objection of affected landowners.

It also would retain states' authority to make decisions in the siting of local transmission lines."

Okay, so they have given FERC the authority to issue permits, and then "retain states' authority" by making them the bad guys who grant eminent domain to the power companies.  No matter how they sugar-coat it, THIS PREEMPTS EXISTING STATE AUTHORITY, just like the industry lobbyists' last plan!

Once again, the investor owned utilities who stand to rake in huge profits with a new, free and easy, FERC-run, national siting and permitting policy state that:

"Sensenbrenner (who sponsored this wonderful *awful* idea) "appears to recognize that the national interest transmission corridor designation process is broken," Hoecker said."

And

"There is latitude on the part of the agencies but this would be a departure from the broad geographic approach implemented under the Energy Policy Act of 2005 and therefore would likely draw congressional attention," Plaushin said."

Awww... cut the false modesty.  It's going to draw lots more attention than just that of Congress...

Add Comment
 
 
My disappointment with the WV PSC continues to build.  Today, WV PSC Commissioner Jon McKinney, whose term expired on June 30, 2011, will testify before a House Energy and Commerce Committee meeting that enforcement of new EPA clean air rules will cause a reliability crisis and huge rate increases in West Virginia.

As noted earlier over on the Coalition for Reliable Power, McKinney has been accused by Clean Air Watch of sponsoring a NARUC Resolution against the EPA rules that was ghost written by AEP.

The TRAIN Act that McKinney is supporting today has been labeled "lobbyist mischief" and part of an AEP spin campaign to delay implementation of the rules by Reuters.

In his testimony, McKinney relies on a "study" commissioned by the coal front group American Coalition for Clean Coal Electricity:

"The American Coalition of Clean Coal Electricity (ACCCE) recently asked NERA Economic Consulting to model the economic impacts of the proposed CATR and MACT Rule together. Overall the analysis shows that in 2016 electricity rates will increase by 11.5% in the US generally, and by another 12.9% in WV. Moreover, net job losses are projected to be 1.44 million for the total US and 38,500 for WV."

ACCCE is a well-known industry front group that was caught sending fake letters to Congress in 2009 asking them to vote against climate change legislation.

Commissioner McKinney is also confused about what caused the extended power outage in southern West Virginia during a blizzard in 2009.

"The WV Commission is tasked with ensuring that the WV consumers receive reliable power. We have learned recently that reliability is king and that concerns about reliable service are one of the greatest concerns to customers.    During a recent severe blizzard in southern WV over the Christmas holidays, during peak demand, power was interrupted for many residents for an extended period. Obviously, in very cold weather this is a dangerous situation and we and the electric companies were swamped with complaints from ratepayers, county commissions, legislators, and emergency response providers. My concern is that the new EPA rules will denigrate reliability leading to more major interruptions during peak electrical usage."

The blizzard was caused by lack of maintenance on local distribution lines by American Electric Power.  It was not caused by lack of coal-fired electricity generation.

Despite the fact that McKinney is using his position to try to influence legislation on behalf of Ohio-based AEP, PJM recently said there would be little to no reliability problems with the regional grid due to upcoming retirements.  Is he ensuring that the needs of the citizens of West Virginia are being met, or is he ensuring that the corporate earnings needs of an out-of-state corporation are being met?  Are West Virginians really being served by Commissioner McKinney?

Commissioner McKinney's position about a reliability crisis is in direct contrast to other expected testimony from FERC Commissioners.  Check out all the filed testimony for today's hearing here.

Let Governor Tomblin know that you support the appointment of a new PSC Commissioner, who will work for the citizens of West Virginia, to fill the expired seat of Commissioner McKinney and not spend his time lobbying for AEP on Capitol Hill.


2 Comments
 
 
Another epic FAIL for the West Virginia Public Service Commission this week.  Yesterday was the deadline for submitting comments on FERC's Notice of Inquiry on reevaluating transmission incentives.

These incentives have been given out like candy for 5 years and cost consumers billions of dollars in higher electric bills every year.

Numerous other state public service commissions submitted strong comments against current incentives policies and suggesting workable changes.  These states included other PATH-affected neighbors, such as Maryland and Virginia, who are looking out for the interests of their citizens, but West Virginia failed to make any effort whatsoever.

We can only assume that the WV PSC approves of FERC's ridiculous over-compensation of energy corporations that has driven expensive, destructive, unneeded transmission projects in our state, such as PATH and TrAIL, and steadily increases the electric bills of West Virginians.  I'm very disappointed.

West Virginians deserve a public service commission that is working in their interests, and not kowtowing to the profit initiatives of out-of-state corporations.  Let Governor Tomblin know you demand change at the PSC.

Add Comment
 
 
The WV PSC issued an order today denying Staff's petition to require FirstEnergy and American Electric Power to provide an assessment of the condition of their high voltage transmission facilities in the state within 30 days.

The Staff's petition was filed in accordance with a WV legislative Resolution that urged that the West Virginia Public Service Commission act to review the condition of the Pruntytown to Mt. Storm 500kV transmission line owned by Monongahela Power, a subsidiary of FirstEnergy, and order the rebuilding and reconductoring of that transmission line as soon as is practical.  It was also expanded to include all AEP and FirstEnergy facilities in the state in order to seize the opportunity that currently exists to take some lines out of service for rebuilding and modernizing.  This opportunity currently exists due to decreased demand and the recent energizing of the TrAIL line, providing enough slack in the system to get the necessary work accomplished.  This opportunity isn't going to last forever.

Rebuilding of existing lines that are over 40 years old will not only provide a safer environment for the West Virginians who live in the vicinity of this decrepit infrastructure, it will also increase the capacity and improve the efficiency of these transmission lines and save energy that is currently wasted due to line loss on these antique facilities.  Improving transmission lines in West Virginia will also serve as a proactive step toward preventing future proposal of new transmission lines, such as PATH, in the state.

Both of the power companies agreed to evaluate their facilities and provide reports to the PSC, however they wanted more time -- 120 days instead of 30. 

The WV PSC denied the petition and in its place reaffirmed their 2008 decision in the TrAIL case directing TrAILCo and its corporate affiliates to submit a plan for reconductoring or otherwise upgrading their respective transmission facilities within one year of the in-service date of TrAIL.  TrAIL was energized on May 19, 2011, which would make FirstEnergy's report due on May 19, 2012.  Note that the TrAILCo order only applied to TrAILCo corporate affiliates (the FirstEnergy companies) and lets AEP completely off the hook for any responsibility to evaluate the condition of their own aging transmission facilities.

The WV PSC is utterly abandoning their statutory responsibility to ensure that utilities under their jurisdiction provide safe and reliable service to the citizens of West Virginia.  If our current Commissioners don't want to do their jobs, it is incumbent upon our Governor to appoint ones who will serve the citizens of this state.

The term of Commissioner Jon McKinney expired on June 30, 2011.  Obviously, he doesn't want to do the job anymore, so the only responsible thing to do is for Governor Tomblin to promptly name his replacement and relieve him of his duties.  West Virginia utility attorney Robert Rodecker was suggested to Governor Tomblin by The Coalition for Reliable Power and endorsed by members of the legislature back in June, before the expiration of McKinney's term.  Roedecker's nomination was also enthusiastically endorsed by numerous citizens who contacted the Governor's office expressing their support.  Despite this, Tomblin has failed to act, and the PSC is now shirking their statutory responsibilities.

It's time for YOU to act!  Please call or email (or, for good measure, do BOTH) Governor Tomblin and let him know that you support the appointment of Robert Rodecker to fill the expired term of Commissioner McKinney effective immediately.  The Governor's office may be reached at 1-888-438-2731 or by submitting an email at this link.  DO IT NOW!

The WV PSC and Governor Tomblin are clearly ignoring the will of the citizens that has been expressed through their elected representatives and changes need to be made.  Change begins with YOU!
1 Comment
 
 
House Concurrent Resolution 149 was adopted by the WV legislature last night just before the session closed.  This Resolution urges that the West Virginia Public Service Commission act to review the condition of the Pruntytown to Mt. Storm 500kV transmission line owned by Monongahela Power, a subsidiary of FirstEnergy, and order the rebuilding and reconductoring of that transmission line as soon as is practical.  Full text of the Resolution can be viewed here.

Rebuilding and reconductoring of existing lines is the smart solution to any "need" to increase power flows from West Virginia to the mid-Atlantic coastal states.  We don't need new high voltage transmission lines like PATH.  Rebuilding and reconductoring is much less costly to ratepayers, takes no new rights-of-way, and can be accomplished much faster than building new lines.

The power companies and their lobbyists have been fighting this Resolution since it was introduced as HCR 58 in early February.  Speaker Richard Thompson sat on the original Resolution for a month, finally making a few minor changes to appease industry lobbyists, and sending it to the Senate as HCR 149 just one day before the end of the legislative session.

In the Senate, it was assigned to Judiciary, where it was expected to languish and die as the session closed.  However, a coordinated group of West Virginia's PATH opposition spent their Saturday evening on the phone to Charleston, making our displeasure clear.

At nearly the last moment, Senate President Jeff Kessler, Senate Majority Leader John Unger and Senate Judiciary Chairman Corey Palumbo responded to our frantic phone calls and got HCR 149 out to the Senate floor where it was adopted.  Please take a moment to thank these legislators for taking the time to correct the mistakes that were made with this Resolution at the legislature and ensuring that it got to the floor for a vote late last night.

Once again, citizen action saves the day!  Thank you to every West Virginian who participated in the phone campaign last night.

Oh, and to the power companies and their lobbyists -- we remind you once again that YOU CAN'T VOTE!  This will mark the third year that the PATH opposition has either defeated power company legislation or ensured passage of our own.  Give up and quit wasting your (our?) money on ineffective lobbying in Charleston.


1 Comment
 
 
It seems that Dominion's Alternative One is making PATH very nervous, as it rightly should.  Their lobbyists have been hard at work ever since we left Charleston 2 weeks ago, trying to kill House Concurrent Resolution 58.  This resolution has a tremendous amount of support from legislators, so PATH's only hope is to kill it in committee.

First they said Res. 58 was "misleading the public".

When that didn't work, they said PATH would provide jobs.

When that didn't work, it's rumored that they resorted to threatening to withhold their corporate "stewardship" (don't laugh... PATH is serious about this vapid phrase!) from the campaign coffers of legislators running for Governor, including the chairman of the committee where HCR 58 languishes.  See this post on TPL.

Guess what, PATH?  You can't vote!  Hahahahahah!


4 Comments
 
 
Power company lobbyists are telling legislators that HCR 58 "misleads the public".  People in glass houses shouldn't throw stones.

1.  Dominion Virginia Power, described as: "Dominion is one of the nation's largest producers and transporters of energy, with a portfolio of more than 27,600 megawatts of generation, 12,000 miles of natural gas transmission, gathering and storage pipeline and 6,000 miles of electric transmission lines", has proposed a workable alternative to the PATH project.  This isn't some fantasy dreamed up overnight, but a viable plan put forth by an experienced energy corporation.

2.  According to Dominion, the cost of rebuilding existing lines is reimbursed to the power company at dollar-for-dollar.  Allegheny Energy & AEP's PATH project earns them a 14.3% return on equity.  Follow the money -- this is why Allegheny & AEP keep insisting that we need PATH in addition to Dominion's rebuild of Mt. Storm - Doubs.  AEP & Allegheny don't want to miss out on their opportunity for a new profit center with PATH.

3.  AEP & Allegheny continually point to PJM Interconnection as the impartial electrical diety who "ordered them to build PATH".  PJM Interconnection, a cartel of electric companies, has recently had their credibility called into question by state regulatory experts in seven states and the District of Columbia.  Read about PJM's credibility problems here, here and here.

In the end, it all boils down to the almighty dollar.  It's about what benefits two out-of-state energy corporations and not about what's best for the citizens and ratepayers of West Virginia.  Your support of HCR 58 will demonstrate your commitment to West Virginians.
1 Comment
 
 
Five members of StopPATH WV, Inc. traveled to Charleston this week to participate in the West Virginia Environmental Council's "E-Day" grassroots lobbying events and annual benefit dinner.  Steve, Debbie, Robin, Patience and Keryn were met in Charleston by Bill Howley (The Power Line) of Calhoun County. 

In between meetings with our Jefferson County delegates and senator, we staffed a table at the E-Day exhibits area in the rotunda.  The folks who stopped by our table were astonished to hear that a viable alternative to PATH has been proposed by Dominion Virginia Power that costs 1/3 the price of PATH, needs no additional rights-of-way, and can be completed faster than PATH.  This alternative is Dominion's Alternative One.  Everyone was overwhelmingly in favor of this sensible, economic alternative that will provide West Virginia with a secure, updated electrical transmission system by simply rebuilding aged, existing transmission lines with the latest technology.

Our legislators were also impressed with this concept, and House Concurrent Resolution 58 was introduced.  Briefly, the Resolution, ""...urge[s] the West Virginia Public Service Commission to halt all consideration of the PATH application currently before it, and move rapidly to approve the reconstruction/rebuilding of Monongahela Power's Pruntytown to Mt. Storm 500kV transmission line, completing the majority of the Dominion alternative to PATH which is in the best interests of West Virginia electrical customers and citizens."

Governor Tomblin was also surprised to hear all about Alternative One when we met with him.

Now is the time to contact your representatives to ask for their support for this Resolution!  If you need direction in this area, please contact us!

Allegheny's paid lobbyists are telling legislators that Resolution 58 is "misleading the public."  Funny, coming from someone who is paid to mislead the public, but if that's what you've heard, please see this article which backs up the facts in Res. 58.

In the evening, we attended WVEC's E-Day Benefit and Award Dinner.  I was honored to receive the Laura Foreman Grassroots Activism Award, presented to me by Patience Wait, as a board member of WVEC.  Patience gave a great intro. that more closely resembled a roast where she brought up some of the more entertaining moments we've had in this fight.  While I am honored to receive this award, it is most properly shared with ALL the PATH opponents in three states who have stood up to two huge corporations and government on all levels and done their best to fight for what is right.  No matter what crazy idea I think up, there's always one or more of you who jump right in with encouragement and full participation so this award rightfully belongs to all of us.  Ali Haverty was individually recognized for all her hard work on the FERC challenge -- no small feat!  I have met and befriended so many wonderful people in the nearly three years I've been involved in this fight and no matter what we face together, we rise to the occasion and persevere until we are victorious!

And now Dominion's Alternative One has been handed to us for use as the silver bullet.  Lock and load, folks!
10 Comments
 
 
This report comes from WV intervenor Tim Higgins from Upshur County.  It seems that Tim showed up at our beloved Senator Manchin's "Call for Common Sense" tour this morning and laid in wait for his turn to address the Senator.  Allegheny Energy staff lobbyist Charlie Friddle tried to interrupt and take over, and our pal Joe pretended like he didn't know anything about PATH.  Really, Joe?  Do I have to post that ridiculous picture I received from you after we educated you at a hotel room in Charles Town last year, just to prove you're full of crap?  Anyhow, Tim challenges the rest of you WV citizens to pick up where he left off and attend one of Joe's tour events.  His groupie, Charlie, will be there, won't you?  Tim tells me that today's event was the first, the ones earlier this week were postponed due to snow, so there's lots more tour dates coming up.  Keep track of Joe's tour schedule here.  And now I turn it over to Tim:

Hi everyone,

Since I proposed this thought early enough today so I could get to Elkins by 10:30am, off I went! A google search directed me to the Wood tech center in Elkins, the only give away that Manchin was around
were the 2 state police cars. The one end of the building with the same address did not even know that Senator Manchin was in the other end of the building. No security but the 2 police officers. I bring this up for one reason. At least in Senator Manchin tours he will use low profile sites to do these town hall meetings. This one was in the Elkins industrial park. Total capacity for the room was less the 80 people and it was well attended. The link above will give you a starting place to find out where he will be next.

Now for the meat of the meeting:

After an intro from someone connected to the center, the senator gave a brief take on INSIDE Washington, telling us that he is renting a small apartment and plans to be in WV whenever possible to listen to what we are concerned about. Saying "Expect many more meetings like this one, I'm here to listen to what you have to say this is a common sense tour and West Virginans have common sense". He then went on to blast the FEDERAL EPA for pulling the clean water permit for spruce.

After an hour or so I finally got his attention. I asked that given the fact that HIS APPOINTED PSC commissioners had approved the Mt Storm to Doubs 500kv rebuild that would all but eliminate the need for PATH and the the WVPSC only need approved the
Pruntytown to Mt. Storm section to satisfy almost all of PJM's load forcasts would he be in favor of that?
His reply:
I thought PATH was dead.
That's when Charlie Friddle jumped from his seat saying that the rebuild was not to replace PATH but to add to reliability.  I came back with Charlie, you need to read the PSC docket for the last 10 days or so and see the Dominon is calling this rebuild Alternate 1 for a reason, Manchin broke in and started to talk about the deal he had brokered with TraIL. In the end Manchin made sure I got together with his staff members so my concerns would be "noted".  Was it worth the trip from Buckhannon to Elkins? I think so, now it up to all of us to follow anyone running for Govenor to
do the same thing.

What to do:

Do a google search on anyone running for governor, find out where they will be speaking and get there to make it clear WV citizens support Alternative 1 --- do you? keep after them till they agree it's a better solution.
Alternative 1 is the way to go. Don't take no for an answer.

Tim
2 Comments