StopPATH WV

Some people think I'm a scrooge because the only Christmas music I'll listen to on any other day besides December 25 is from that pile of Bob Rivers Twisted Christmas CDs I unearth every year.

This is one of my favorites.

Or maybe this one.

At any rate, to survive the Christmas stress, you've got to maintain your sense of humor (if you're a guy, you have no idea what I'm talking about here, so just move along and go sit in your recliner until 5:00 p.m. on December 24th, at which time you'll rush to the mall and impulsively buy a bunch of crap that nobody wants or needs and color yourself "stressed").

In order to keep it fun...

I like to find just the right Christmas card to send to certain groups of friends.  

And I like to make Christmas crafts to give as gifts to my friends.

I've been busy crafting lots of creative holiday gifts for everyone on my list... stay tuned to see more...

Ignoring The Citizens McKinney-Tomblin Chip ice cream leaves a nasty, bitter taste in your mouth.  I wouldn't recommend it.

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.

Four former FERC Commissioners give their opinions about building new transmission to enable midwest renewables to reach population centers on the coasts in The Chairmen Weigh In - ASSESSING INVESTMENT AND TRANSMISSION LEADERSHIP.

Of course, you've got to consider the source.  All four of them are now involved in the energy industry whereby they will personally profit from a renewable energy transmission renaissance.

Joe Kelliher works as Executive Vice President for Federal Regulatory Affairs for NextEra Energy.

Curt Hebert is CEO of Lexicon Strategy Group, an outfit that helps the industry with their "regulatory strategies."  Before that he worked for Entergy.

Pat Wood has his finger in a bunch of industry pies through his Wood3 Resources energy infrastructure development company.  He also sits on the board of SunPower Corp., First Wind Holdings and Quanta Services and has close ties to the American Wind Energy Association.

James Hoecker works for industry law firm Husch Blackwell and also opened his own lobbying firm, Hoecker Energy Law, which is a registered lobbyist for WIRES - The Voice of the Electric Transmission Industry.

The value of some opinions doesn't add up to much.

Ever wondered what AEP CEO Michael Morris is going to do with himself in retirement (besides turning into a powerless, useless, old man)?  Well, wonder no more... now he's Steamboat Mikey!

I just got this barf-a-licious press release about AEP River Operations dedicating a towboat in his honor.  The M/V Michael G. Morris will be dragging coal down the Mississippi so that it can be burned in order to continue to pollute the air you breathe for years to come!

He may retire, but he'll never really be gone  :-)

Due to many recent high-profile cases, the West Virginia Public Service Commission has become common dinner table talk in the mountain state.  Many residential utility customers involved in recent cases have not found their Commission to be consumer friendly, nor accessible to the general public.  The mission of the WV-PSC begins with this statement:  "We support and promote a utility regulatory and transportation safety environment that balances the interests of all parties and pursues excellence through quality."

The WV-PSC is composed of three commissioners, serving six year terms, who are appointed by the Governor.  If the commissioners are to equitably balance the interests of all parties, they should rightfully begin their terms without bias toward any party.  Historically, many commissioners have come from the industries that they are expected to regulate as a Commissioner.  These Charleston industry "insiders" view things differently than the public due to their inside knowledge of the industry and business relationships formed prior to being appointed.  I won't fault them for it; it's simply a fact that they lack the ability to think like a consumer.  Their solutions and decisions are industry-centric because they have oftentimes spent a long career working for the industry before being appointed.

Our current PSC is made up of the following individuals:

Chairman Michael Albert - From Charleston, Albert comes to the PSC from utility and industry law firm Jackson Kelly.  In fact, he had to recuse himself from the TrAIL transmission line case because he had worked on it before being appointed.  Commissioner Albert's term expires in 2013.

Commissioner Jon McKinney - From Charleston, McKinney comes to the PSC from chemical industry companies Flexsys and Monsanto.  Commissioner McKinney's term expires June 30, 2011.

Commissioner Ryan Palmer - From Charleston, Palmer was most recently Deputy General Counsel to Governor Manchin.  Prior to that he has a history as Attorney/Advisor to Commissioner  Charlotte R. Lane of the United States International Trade Commission and Law  Clerk to the Honorable W. Craig Broadwater of the United States District Court,  Northern District of West Virginia.  Commissioner Palmer's term expires in 2015.  It is refreshing to see that his background is free of industry influence.

All our Commissioners should have a background like Palmer's.  Ultimately, the Public Service Commission is accountable to the public, and not the utilities they regulate.  We need to send a message to Governor Tomblin before he makes his first PSC appointment this July 1.  The public wants to be served by a fresh, new, consumer friendly, accessible Commission, and not more of the same, old industry insiders whose prior experience alienates them from the public they are sworn to serve.
 

If you haven't yet, be sure to read the testimony of Brad & Carol Castle, linked in this post on TPL.  The Castles made absolute mincemeat out of TrAILCo's expensive, unprepared attorney during cross-examination (pages 68-84 of the pdf), and it happens because, in the words of Brad Castle, "I have some common sense."

We're talking about, of course, Jackson Kelly's Melick, who has been such a delight to all the PATH intervenors over the past two years.  He has harangued pro se intervenors, told the Commission what other parties are thinking and plotting (which has been entirely a creation of his own sick mind), directed the Commissioners to go read internet blogs and even quoted a comment from a blog in one of PATH's motions.  You know, he's just not normal (and there are 2 people who read this blog who know EXACTLY what I mean by that, but it wouldn't be nice to embarrass Melick by publicly sharing it here).  I've long had the opinion that "someone" would benefit immensely from a little professional psychiatric help for his "issues."

But, back to the Castles... they consistently clobbered Melick (and thereby TrAILCo) with the truth.  I'm sure we can all agree with Brad Castle's opinion when it comes to power company attorneys, "...frankly, I don’t
like lawyers..." and that's because, "...what Mr. Melick may not realize is we did not solicit them to come onto our property. We did not invite them onto our property. We did not invite this whole line to come to us. It came to us like a bulldozer and bulldozed us over."

Despite Melick's best histrionics and objections to the Castle's testimony and exhibits, the Commission sided with the plaintiffs and allowed it into the case, perhaps because Brad Castle asked them point blank, "But do you want the truth or what he wants you to hear?"

Other familiar power company themes emerge in the Castle's testimony:

Carol Castle: "We feel like they used an arrogance in not responding to our concerns, by sending a message like, well, why should we?"

Brad Castle:  "And lots of times it looked like the left hand didn't know what the right hand was doing."

See?  Common sense.  The Castles saw right through TrAILCo/Allegheny/FirstEnergy/attorneys-who-can't-think-their-way-out-of-a-paper-bags' shoddy, last-minute defense. 

Here's some advice to Melick and the power companies from the Castles:

"But you know, they got to stand good for their word."

and

"Treat people with the integrity that they would like to be treated with."

And from me:  Psychologists are listed under "P" in the phone book.  Don't make me have to embarrass you.

Gosh, I just love political season!  Okay, I'm being sarcastic.  I HATE it!  So much disgusting schmoozing, it's enough to make your eyes roll back in your head, your head spin 360 and to begin speaking in tongues (hey, don't laugh, it gets me out of political fundraisers and functions)!

The first batch of campaign finance reports have been filed for the Governor's primary.  No real surprises there, but a few familiar friends.  Here in WV it helps to read the campaign finance reports before voting so that you can put your vote behind the corporation, oops, I mean candidate you want to run our state. 

Here's a news story about AP's analysis of the reports.  It pretty much checks out with what I got from skimming the reports, but just doesn't give the personal detail I like.  So, here's what I've dug up that I found interesting:

Tomblin's donors include:

Coal, gas & drilling companies, including Massey
The American Electric Power Committee for Responsible Government (yes, the irony here always makes me laugh)
West Virginians 4 Coal (sounds like a front group, doesn't it?)
Dominion's PAC
Other energy PACs
Charles Town Races and Slots (I thought they were a "casino" now?)
Now, here's where it gets really entertaining for us PATH opponents: 
Jon McKinney, PSC Commissioner
Jackson Kelly's PAC and a personal donation from our favorite drama queen, Phil Melick
Bill Raney & Chris Hamilton from the WV Coal Assoc.
a Charles Ryan Associates employee
and a personal donation from the owner of their little front group facilitator Brown Communications

Kessler's donors include:

Some oil & gas reps.
Consol's PAC
Dominion's PAC
AEP's "responsible government" PAC
Labor union
Health care employees

Tennant's donors include:

A ton of small individual donors
AEP's "responsible government" PAC
Chesapeake Energy's PAC
Insurance company PAC

Perdue's donors include:

A bunch of small individual donors
A whole bunch of State Treasurer's office employees -- either they really love him or they really love the idea of getting rid of him if he's elected Governor.

Thompson's donors include:

Teachers' unions
Labor unions
Jackson Kelly PAC
Quite a few donations from individuals employed by Waco Oil & Gas
Lots of attorneys
and, of course, those "responsible" guys at AEP's PAC

As far as the Republicans go, I only skimmed Ireland's.  The rest aren't raising serious money and probably don't stand a chance anyhow.  The only interesting thing in Ireland's report was.... wait for it.... the American Electric Power Committee for Responsible Government PAC.  They want to be sure they can own our state, no matter who wins!  Well, unless that AEP-bashing John Perdue gets elected...

Remember to vote, folks!

Citizen action is what temporarily shut down the PATH project.  PATH's talking heads have been trying to claim opposition had nothing to do with it, however they're only lying to themselves.  We all know that if citizens had not stood up and fought this project, it would be approved and being constructed right now.

The citizens know this, and their validations have been pouring in.  Here are some of the comments we have received.  I have omitted the author's name for the sake of efficiency, because I just don't have time to seek permission from each person... I've got other fish to fry.  If you'd like to contribute some of the comments you've received to this effort, please send them to me and I will continue to post them.

Spirit of Jefferson article where PATH denies that citizen action had anything to do with the shelving of PATH. 

Hey, PATH, can you hear us now?

"Congrats and Thank You for all of your passion, energy and leadership. I wasn't sure about the peoples' chance of success in the face of major corporate forces. I am glad to have been proven misguided. "

"I would like to personally thank you both for all of the hard work you have given our community to STOP Path. You were instrumental in getting this dismissed.  We could not have done it without you!!!   Again my thanks for everything!!!"

"I told you time was on your side with the PATH!!  I think that's great news.  I don't think the further study is going to indicate a need for the project."

"OMG - I can't believe it. This is amazing!!!!!!! Congratualtions to everyone who worked so hard!!!!"

"Congrats i just heard karyn on npr thanks to all your efforts!"

"Yippee!!! You folks have done amazing work!! Thank you, thank you, thank you!"

"Thanks and congratulations to the many citizens who fought against PATH."

"Congratulations!!! You guys are a great example to all citizen action groups."

"CONGRATULATIONS!!! Everyone benefits from YOUR hard work!!"

"Every victory is worth celebrating. Catch a breath and get ready for the next round.
Best wishes!"

"This is such great news!! Let's hope that this will lead to its complete and total demise!"

"Amazing! A big thank you from Terrapin Neck."

"Thanks Patience and Keryn and Robin et al- The great rule of politics: informed pressure pressure pressure and the odds and equation will change."

"I'd like to send a BIG THANK YOU to my buddy Steve and all the folks at stoppathwv. These folks worked dilligently to stop a huge corporate boondogle from destroying the state I love so much. As a resident of romney WV I wasn't as involved directly in their battle but I sure appriciate all they have done for me and my state. HOORAY FOLKS, THE CITIZENS WIN!"

"Continue the hard work.  It has paid off to this point.  Thank you for sharing the information with me.  I will check out the website.  All states are experiencing misappropriation of funds and authorities at some level.  We can learn from each other."

"I would have never bet in a million years you all could have done what you have. You have stood up to a huge corporation and won. I have restored faith in the world. Never doubt the power of the people."

"Awesome job, and to you and Patience, a big Thank you for all you do for your community and state, for the people!"

This one comes from our friends in Canada -- See March 2nd post on their blog.

"CONGRATULATIONS! This is an important battle, and we hope it will be followed by other victories. My wife and I would like to express our gratitude to you for your leadership, infatigable drive and seriousness in
fighting past and present battles against the "monster". We believe that without you we would not have achieved the present status. A big thank you goes also to all the colleagues who have fought beside you. You form a
fantastic group that must be the envy of all our neighbouring co-fighters in the surrounding states and counties.  A big BRAVO and thank you again."

"You and Keryn should really feel good about your battle with PATH! I know you had many people helping you, but its takes good leadership and stamina to get a job done like this. I just was to say to you and Keryn you were outstanding! ! I am there many feel the same way. Many thanks."

"The efforts that you and your group put into STOPPATH has been laudable and the results astonishing."

"Congratulations! - Just wondering whether it's worth filing a class action suit to recoup the $$$ they've charged WV ratepayers.  GREAT that StopPATH got the law in place so the Utilities can't sneak in and try to ramrod this again."

"Thank you very much for all your efforts.  It is a great thing but I will continue to monitor because the ugly head may rise again."

"We, the citizens of Jefferson Co., are so proud of you and the work you have done!  Keep it up!!!"

"Thanks, your input to the cause is impressive."

"I would like to thank you and appreciate all the hard work you have done for all of us.  Well done !!!!!!!!"

"Congratulations! Your efforts, and the efforts of other Stop PATH leaders on the behalf of all of us are greatly appreciated! Thank you! Thank you!"

"Great job to you and Karen for spearheading the battle!  Thank you for all your hard work!"

"YAAAAY!! Its the most awesomest news.... I don't have to be physically sick every time I see pictures of my little plot in Tucker County. Thanks for all your hard work, Keryn! And just like those slasher movies, we have to make sure its head is TOTALLY detached so it doesn't come back 3 times in the last five minutes."

I'm thoroughly disgusted that the state of West Virginia and its people continue to be viewed as a sacrifice zone by their neighbors in the population centers to the north and east. 
News Flash!  We are not your sacrifice zone!

In an email to the Virginia State Corporation Commission, Mark Tate, a former town council member and mayor of Middleburg, Virginia, in his (power company coerced?) support of the PATH project, attempts to convince the SCC to approve the PATH project because:

"This project that you are considering, which totals approximately 275 line miles, only impacts a small section of Virginia. The majority of the line will be in neighboring West Virginia with about 30 miles in Virginia and 20 miles in Maryland. Certainly, we can support roughly one-tenth of a project that would be so vital to our region."

So, Mark, what you're saying here is that Virginia should approve the PATH project because there is little effect there (and certainly none in your backyard in Middleburg) and it's okay to run 225-miles of transmission line through West Virginia?  Is that because you think of West Virginia as your own personal sacrifice zone in order to get all the electricity you need to live your comfortable, Middleburg lifestyle?  How very arrogant of you.  Sorry to be the bearer of bad news, Mark, but PATH will not provide you with electricity.

UPDATE:  It turns out that our friend Mark appears to be the epitome of NIMBY.  See this article where Mark's "Virginians for Sensible Energy Policy" was involved in the fight against TrAIL.  Mark thought TrAIL was a very bad idea for all of the same reasons we now think PATH is a very bad idea.  The only difference between TrAIL and PATH appears to be that TrAIL was in Mark's backyard, while the majority of PATH is in Mark's personal sacrifice zone, West Virginia.  The Virginians for Sensible Energy Policy seems to have disappeared after TrAIL was approved, or maybe Mark just changed their name to Virginians for Senseless Energy Policy when he developed a sudden affinity for his former enemy, Allegheny Energy, who knows.  At any rate, Mark's reason for fighting TrAIL has now been outed.  It appears that it wasn't about sensible energy policy at all, it was all about NIMBY.  I find that quite repugnant and lacking in character.

Next, let's look at an op-ed in the Baltimore Sun penned by Federico Pena, COMPETE Co-Chairman *cough, astroturf, cough*. 

Pena says, "PJM Interconnection, the regional power grid operator, has authorized a series of investments in new transmission lines that will allow states with excess generation to transmit their surplus power to areas where it's most needed, including Maryland. None of those plants were paid for by Maryland consumers, but they will benefit tremendously."

Thanks, Federico, you're a real pal.  You think it's a great thing that the citizens of Maryland can benefit from coal-fired power shipped from West Virginia via new transmission lines because it doesn't cost them a thing.  What do you think those transmission lines cost West Virginians?  Why do you think the citizens of Maryland should benefit at the expense of the citizens of West Virginia?  Where did you get your sense of entitlement... was it on sale at Williams-Sonoma?  It can't be based on your intelligence because those transmission lines ARE BEING PAID FOR BY THE CITIZENS OF MARYLAND.  The $2.1 billion PATH project is being paid for by Maryland ratepayers, along with ratepayers from 12 other states and D.C., so I guess it is paid for by Maryland consumers after all.  Does this mean the great deal is off?

What makes you arrogant fools believe that it's okay for West Virginia to be your sacrifice zone in order to provide you with all your creature comforts at no cost to you?

Open your eyes!  It's not okay to kill us and ruin our environment for your own convenience!  West Virginia is providing you with coal-fired electricity via an increasing number of high voltage transmission lines hundreds of miles long.  In order to do so, we blast the tops off our mountains, which causes an environmental disaster of monumental proportions.  It not only destroys our land, it fouls our water, poisons our citizens and destroys our communities.  Mountains are not a renewable resource... they won't grow back once destroyed. Those transmission lines take property from our citizens and once constructed, living in close proximity to them causes health problems.   We also mine and export tons and tons of coal for your convenience.  This dirty, dangerous industry is killing us, but it is sometimes the only job that pays a living wage and coal holds our citizens hostage to a lifetime of hard, dirty work that ends up killing them.  We're also home to your chemical plants and dirty, stinking industry that you don't want to be burdened with because you're trying to clean up your own environment, which you fouled generations ago.  We're also home to the latest gold-rush -- Marcellus shale -- which takes our land and fouls our air and water.  We're not personally profiting from all this sacrifice we make on behalf of the rest of you.  Oh no, all the outrageous profits from this rape and plunder go into the coffers of out-of-state corporations.

When are you going to do your part to support your own habits and convenience, Mark and Federico?  We're not going to continue the sacrifice indefinitely.  We're sick of it!  Many West Virginians are working toward putting an end to this continual sacrificing of ourselves for you while receiving nothing in return.  This is being accomplished by cleaning up our political house to get rid of those politicians being paid to look the other way by those out-of-state corporations who are killing us and stealing our property.  We are gathering in increasing numbers to stop the massacre of West Virginia's citizens and environment.  And we're mad as hell!