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Wishful Thinking Won't Get Transmission Built

1/16/2023

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If there's anything our government is good at these days, it's bad ideas and making crap up.  For instance, I recently watched a replay of a U.S. Department of Energy webinar I missed back around Thanksgiving.  The supercilious dweeb reading the power point slides with absolutely no interest or elaboration, and certainly no enthusiasm, actually said this in response to a question around  minute 26 of video:
Proactive engagement with all of these stakeholders can lead to stronger projects and better outcomes, increase transparency, and the reduction or elimination of associated risks that can often stall transmission projects before they can be constructed.
The "stakeholders" he's planning to engage with to create transmission utopia? 

Labor unions
Local governments
State energy offices
Tribal governments
Community based organizations that support or work with disadvantaged communities.

Sorry, Utopia Wish Man, but those are NOT the groups that create the risks that stall transmission projects before they can be constructed.  The groups that delay and cause the cancellation of badly planned transmission projects are composed of affected landowners.  Affected landowners are not necessarily members of any of those groups, and I've never seen any of those groups become engaged with the transmission opposition groups that cancel transmission project ideas.  Those groups simply don't care unless somebody pays them to wave signs and recite canned speeches at public hearings.  It's landowners who hire lawyers, intervene in the regulatory process, file appeals, and cause public relations sh*t storms.  Only proactive disengagement with landowners can ameliorate the risks that stall transmission projects.

Proactive disengagement?  What's that?  It means designing new transmission projects so they don't affect or engage landowners in the first place, like routing them on buried existing linear rights of way or under bodies of water.  If you don't engage landowners by threatening to condemn their properties and place a dangerous, ugly obstruction on it, then you will proactively prevent the risks that stall transmission projects before they can be constructed.  I guarantee it!  You won't need any of those peanut gallery folks who are not affected by the transmission project.

What won't work is pretending you care about "community impacts" when you really don't.  That whole equity thing just doesn't work with electric transmission, whose victims are usually large rural landowners who use their land to make a living farming.  Agricultural land is targeted over and over again simply because it's cleared land that has existing pipelines and transmission lines.  When will these folks have done enough?  When their entire property is chopped up and useless for farming?

How about this vapid quote:
It’s thus critical that Congress pass permitting reform legislation that will add to America’s capacity to transmit clean electricity and speed up the approval of clean energy projects that are waiting to be built, while preserving communities’ ability to make their voices heard on the environmental and other impacts of proposed energy projects.
You can't have both these things... adding new transmission while allowing communities to make their voices heard... unless the only thing you want to hear is some screaming and bad words.  I'm not even sure how this is logically supposed to work... speed up approvals for projects that will use eminent domain to condemn private property and then making it all better by allowing these people to "make their voices heard?"  What good is that if nothing changes?  Isn't the whole point of speaking out to effect beneficial change?  What good are community voices when nobody is listening?  Stop saying stupid things like that!  You sound like an idiot!

But here's the thing... no matter what silly things these virtue signalling morons say, affected landowners will continue to stall and cancel transmission projects before they are constructed.  Only proactive disengagement can stop opposition.  Anything else is like pouring gasoline on a fire.  Like showing up on the battlefield with a squirt gun.  Like not knowing your ass from your elbow.  What a complete waste of time and tax money.
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COURT DISMISSES CONDEMNATION PETITION - Finds Grain Belt Express did not negotiate in good faith

1/13/2023

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On December 31, 2022, the Circuit Court of Monroe County found that Invenergy subsidiary Grain Belt Express did not negotiate in good faith with Monroe County, Missouri landowners and did not give them all of the notices required by Missouri law.

The Court found that Grain Belt's notices to the landowners did not disclose the exact location of the easement area; did not give a description of all of Grain Belt's proposed uses of the land; and that Grain Belt's required appraisal of the land omitted a significant portion of the easement rights sought by Grain Belt and also omitted a portion of the owner's land from consideration.
It is therefore the ORDER of this Court that Plaintiffs Petition in Eminent Domain is DISMISSED without prejudice. The Court, pursuant to the requirements in Section 523.256 RSMo, orders Plaintiff to reimburse the owners for their reasonable attorney's fees
and costs incurred with respect to this condemnation proceeding. Defendants may file appropriate motions requesting the same.
You can read the Court's Findings of Fact and Conclusions of Law here:
monroe_co_gbe_findings.pdf
File Size: 3533 kb
File Type: pdf
Download File

The Court found Grain Belt's notices to the landowners did not meet the requirements of Missouri law because they never mentioned "ingress and egress" rights over the owner's land outside the easement on which GBE wanted to construct roads, crossings and culverts, and install gates.  The ingress/egress rights were mentioned for the first time in the condemnation petition, therefore the landowners were not given adequate notice. 

Another problem with Grain Belt's notices is that they never gave the landowners the exact size or location of the easement.  GBE's description of the easements and acreage changed from time to time, as noted on the table the judge included in her findings.  Missouri law requires that the landowner be notified that he may obtain his own appraisal, and the judge found that because GBE never disclosed the exact size and location of the easement, it prevented the landowner from obtaining an appraisal because an appraiser cannot appraise property that is not defined.

The findings revealed that GBE's appraiser did not consider the portion of the owner's property across the highway in his appraisal, and did not include the ingress/easements rights in his written report.  The Court said:
On direct, the appraiser for Plaintiff testified that he took into account the ingress/egress rights, in spite of omitting them from his report. The Court recognizes that it has the authority to consider the credibility of an appraiser's testimony at a condemnation hearing. Planned Indus. Expansion Auth. of Kansas City v. Ivanhoe Neighborhood Council, 316 S.W.3d 418,425 (Mo.App. W.D. 2010), as modified (June 1, 2010). This Court "is not required to take the appraisers' testimony at face value." Id. at 428. With that consideration, the Court gives more weight to the fact that the written appraisal report omits a significant portion of the easement rights sought in the Petition and thus did not include
compensation for the omitted rights. As to the appraiser's testimony to the contrary, the Court attributes bias to the witness who has already obtained significant compensation for his services and stands to gain significantly more in the course of this Project.
If GBE is threatening to condemn your land, you should definitely hold on to this case to give to your own lawyer when the time comes.

I wonder how many other times GBE's crack team of attorneys and appraisers have not negotiated with landowners in good faith?  And why did the Missouri PSC grant eminent domain authority to a company without the requisite skills and experience to negotiate in good faith with landowners?
1 Comment

FERC Trusts Utility Liars

1/5/2023

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How does that old maxim go?  Once bitten, twice shy.  When your trust is broken by lies, the liar cannot be trusted not to lie again.  The Federal Energy Regulatory Commission needs to learn this lesson.

In a settlement approved the other day, utility liar FirstEnergy got fined $3,860,000 and agreed to "submit two annual compliance monitoring reports." 
Each compliance monitoring report shall: (1) identify any known violations of Commission regulations that occurred during the applicable period, including a description of the nature of the violation and what steps were taken to rectify the situation; (2) describe all compliance measures and procedures FirstEnergy instituted or modified during the reporting period related to compliance with Commission regulations; and (3) describe all Commission-related compliance training that FirstEnergy administered during the reporting period, including the dates such training occurred, the topics covered, and the procedures used to confirm which personnel attended.
So FERC trusts that FirstEnergy will endeavor to create these reports honestly?

After FERC determined that
Over the course of several sets of data requests and three site visits, DAA requested various information related to FirstEnergy’s lobbying and governmental affairs expenses and accounting.  FirstEnergy responded to those requests in both written and oral form throughout 2019 and early 2020, and submitted an affidavit from a senior FirstEnergy executive, which stated that FirstEnergy’s responses to the data requests were “to the best of [his] knowledge and belief . . . complete and accurate.”  In March 2020, the DAA audit team previewed its preliminary audit findings for FirstEnergy.

On July 21, 2020, prior to the completion of the audit report but after DAA had previewed its preliminary audit findings, the U.S. District Court for the Southern District of Ohio unsealed a criminal complaint charging the then-Speaker of the Ohio House of Representatives and others with a racketeering conspiracy relating to the passage of Ohio House Bill 6.

While FirstEnergy provided DAA with certain information related to its lobbying and governmental affairs expenses and accounting during the Audit, it did not provide any information related to its efforts on Ohio House Bill 6 and associated payments or payments related to Generation Now, the Speaker of the Ohio House of Representatives, or the Chairman of the Ohio PUC.
In order to cover its dirty tracks on House Bill 6 bribes, FirstEnergy lied to FERC.  It was only AFTER  a racketeering investigation became known that FirstEnergy came clean with FERC and and admitted that it has submitted incomplete data responses.  FirstEnergy LIED.

FERC thinks this is some sort of assurance that FirstEnergy won't lie again:
Each compliance monitoring report shall also include an affidavit executed by an officer of FirstEnergy stating that it is true and accurate to the best of his/her knowledge.
Except that the original lies also included an affidavit.  It didn't stop FirstEnergy from lying in the first instance, why would it deter them from lying again?  The only thing that seems to make FirstEnergy admit at least a few of its transgressions is the threat of criminal prosecution.  Paying a mere pittance to the U.S. Treasury is a slap on the wrist.  FirstEnergy spent way more than that on bribes. 

And where are the refunds to ratepayers who may have paid a portion of FirstEnergy's bribes as a result of accounting "errors" in the company's favors?  Who is going to monitor FirstEnergy's FERC rate filings for the next several years to make sure the company doesn't charge the $3.8M penalty to an account that is recovered from ratepayers, instead of putting it where it belongs in Account 426.3?

If lying about its finances to a regulatory agency was standard procedure, then it bears further investigation.  FirstEnergy didn't get all that bribe money from shareholders... it got it from ordinary people who may be struggling to pay their electric bill.

Shame on you, FirstEnergy!

And shame on you, FERC, for trusting an admitted liar to tell you the truth in the future.  Obviously FirstEnergy doesn't fear FERC, only jail time.
liar_settlement.pdf
File Size: 199 kb
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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.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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