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Call for Comments:  Ask FERC to Deny Valley Link's Request for Financial Incentives

3/29/2025

2 Comments

 
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Regional grid operator PJM Interconnection has recently selected a new 260-mile high-voltage transmission line. The project will stretch across 14 West Virginia counties (including Jefferson) on a new 200-foot wide easement that would be taken from landowners using eminent domain.

The utilities behind this project, FirstEnergy, American Electric Power and Dominion, have created a new shell company to own the projects. That company is calling itself Valley Link Transmission LLC.
​
Valley Link has recently filed a request for a rate template, financial incentives, and an 11.4% rate of return with the Federal Energy Regulatory Commission (FERC). While FERC has no permitting authority for the transmission line, it does have authority over its rates, which end up in our electric bills.

You can file a comment at FERC asking that they reject Valley Link’s request for more financial incentives and to adjust its rate template so it is just and reasonable. See sample comment letter that you can download below. You are encouraged to edit and personalize it. Please add your name, address, phone, email, and the date to your finished comment.

Filing your comment

You can upload it directly to FERC Online yourself. You will need to create an account and then follow the instructions.

If you’re having trouble navigating FERC’s online system to file your comment, forward your comment to [email protected] via email and she will upload your comments to FERC in a consolidated filing of comments.

If you’d rather mail your comment, send to the address in the sample letter. Take note that letters sent via U.S. mail take a long time to be processed.

FERC has set a comment and intervention deadline of April 4. However, FERC will not be deciding on this matter until at least May 14, so if you are not intervening feel free to continue to send your comments until mid-May.

Thanks for speaking out! It’s all about the money for these companies, and all their spending ends up in our electric bills!
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Valley Link Transmission Files for Incentives and Formula Rate at FERC

3/18/2025

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On Friday, Valley Link Transmission filed at the Federal Energy Regulatory Commission (FERC) for approval of a formula rate to collect their costs from ratepayers, along with a request to set a Return on Equity (ROE) and additional financial incentives.  They're wasting no time trying to ram their transmission projects through and make a ton of money doing it.
Applying for CPCN/CCNs from the Maryland, Virginia, and West Virginia state commissions is a threshold step for Valley Link during the pre-construction phase, because obtaining CPCN/CCNs will improve Valley Link’s ability to secure the needed land rights to support the Project Portfolio. Because the PJM Board only recently approved the Valley Link Portfolio Project on February 26, 2025, Valley Link has not yet initiated the CPCN/CCN process. Valley Link faces significant time pressure to initiate the CPCN/CCN process within the next few months because CPCN/CCN proceedings in these states can be lengthy.
That's right, Valley Link wants to file its state permitting applications within the next few months, even though we've been waiting 18 months for FirstEnergy to take any interest whatsoever in building their section of the 500kV MARL project in Jefferson County.  They're in an awful hurry on Valley Link and landowners and communities are going to be mowed down if they can't keep up.

"Valley Link is committed to collaborating with residents, local governments and other stakeholders in the project communities at every stage of the process."

Well, except this stage.  Valley Link doesn't want you to "collaborate" on their request for FERC incentives or in their rate process.  All the more reason to do it!

Your first task?  Valley Link's 1500 page rate/incentive filing.  Go ahead, take a look.  I hope you understand FERCish.  You don't?  Fortunately, I do so here's a summary of the important points included in this filing.  You are encouraged to intervene and/or file a comment on this proceeding.  Deadline to do so is April 4.
Valley Link is a 765kV transmission project proposed to connect the John Amos coal-fired power station in Putnam County, WV to Loudoun County's "data center alley."  It will cross 14 counties in West Virginia on its way, including Jefferson.  It will require a new 200-foot wide right-of-way for its entire length.  In Jefferson County it is proposed to expand the existing transmission line corridor through the southern part of the county and add a third transmission line to the existing configuration that is surrounded by hundreds of existing homes, schools, businesses, parks, historic resources and even our national parks!

Valley Link's filing asks FERC to grant financial incentives to the project and set up the rate it will use to collect its costs from captive electric customers across the PJM region.  

First, let's examine the incentives Valley Link has requested.  In order to qualify for incentives, the transmission line must be the product of a fair and open transmission planning process.  Competition is an important and required part of this process so that consumer costs may be reduced through competitive cost concessions.  Except there were no such concessions for Valley Link.  They not only bid their projects in at full price, they also did not include any cost caps.  Consumers will pay whatever it costs to build these projects, even though the initial "competitive" bid may have been much lower.  The sky's the limit!  The idea of competitive transmission is that it allows incumbents and non-incumbents to compete on a level playing field to construct the most cost-effective project.  Incumbents hate it because they'd rather not compete at all, and instead be awarded all new transmission in their territory at whatever price they want to charge.  For years after FERC's Order 1000 required competitive transmission windows, incumbents simply declined to participate in region-wide competitive planning, preferring instead to concentrate on smaller projects in their own territory.  PJM's 2022 Window 3 competitive planning process actually allowed several non-incumbent companies to offer cost caps and financial concessions that actually saved ratepayers money, and those projects were selected, much to the chagrin of the incumbents.  But they weren't about to be fooled again, so they created an incumbent cartel and agreed not to compete with each other so that none of them had to make any financial concessions.  If they didn't compete with each other, they could create ostensibly "joint" projects that shut out all competitors and took control of PJM's Planning Process.  And that's how we got Valley Link's $3B project portfolio, with no limit on how much these projects might eventually cost.  Who does that?  PJM ought to be ashamed of itself!  Valley Link Transmission was not the result of a fair, open and competitive planning process.

Financial incentives for transmission must be rationally tailored to a project's risks and challenges.  "Rational" has long ago left the incentives building... it's nothing but a free buffet where utilities gorge themselves on ratepayer cash.  That's right, ratepayers fund all these financial "extras" that encourage transmission developers to build "much needed" projects.  Except if you attended any of the PJM meetings, you know that these developers are beating each other down to get awarded these projects.  And that's precisely because they want to gorge on the unnecessary incentives.  Even if FERC stopped offering these incentives tomorrow, these companies would *still* be falling all over themselves to build new projects.  Incentives are a give away that is not needed to encourage new transmission.

These are the individual incentives Valley Link has requested, with a brief explanation of each:
  • Recovery of 100% of prudently incurred costs in the event that all or part of the Project Portfolio must be abandoned for reasons outside the control of Valley Link (“Abandoned Plant Incentive”)
This means that Valley Link is guaranteed to be able to collect ALL its prudent project costs from ratepayers if the project is cancelled.  Essentially, ratepayers are providing insurance for the project's success.  If it fails, then the utilities can't lose.  Only ratepayers can lose.  In the case of the failed Potomac-Appalachian Transmission Highline (PATH) project, ratepayers ended up spending more than $250M on a cancelled project that never put a shovel to the ground.  This is outrageous!  Utilities must have some skin in the game and accept some of the risk that they are being rewarded for through incentives.​
  • Inclusion of 100% of construction work in progress (“CWIP”) in rate base during the development and construction of the Project Portfolio (“CWIP Incentive”)
This means that Valley Link will be able to collect a return (interest) on the amount of money it has spent to construct the project while it is building the project.  It begins collecting money from ratepayers as soon as FERC approves the incentive, although the project may not actually be built and serving ratepayers for many years.  It makes ratepayers responsible for paying for projects that are not being used, and haven't even been finished yet.  Ratepayers are being used as the utility's "bank" to pay the companies while they are building.
  • Recovery of pre-commercial costs through establishment of a regulatory asset that will include all expenses, including expenses incurred prior to the filing of this application, that are incurred prior to the time costs first flow through to Valley Link customers under the PJM Tariff, including authorization to accrue monthly carrying charges (“Pre-Commercial Incentive”)
This means that Valley Link can put all its costs from its first idea to make a "joint project" through the time its formula rate is approved into a regulatory asset and collect them from customers in the future.  It's a way to retroactively open the money spigots so that ratepayers pay Valley Link's costs to compete at PJM as well as their costs to create their fake shell company, and ask for incentives and a formula rate.  It makes sure that the utility never has to spend a dime of its own money on this project.
  • Inclusion of a 50 basis point return on equity (“ROE”) adder for Valley Link’s participation as a new member in a Regional Transmission Organization (“RTO”) (“RTO Participation Adder”).
This means that Valley Link's Return on Equity (ROE) will be raised one half of one percent because its "joint venture" will be a separate new member of PJM.  Keep in mind that each one of these three joint venture companies (FirstEnergy, Dominion, and Transource) is an existing member of PJM and collecting their own RTO Participation Adder.  But because they formed a new fake shell company, they can pretend to be "new" and collect again.  This is also outrageous.  It's not a new entity, and it would only encourage utilities to keep creating new shell companies in order to receive financial reward.
Valley Link says it needs incentives to reduce "risk" for its project.  What risk is that?  Valley Link speaks out of both sides of its mouth.  First they say this: "Valley Link Transmission’s joint venture structure allows the Participants to combine their diverse experience and knowledge to successfully develop projects of significant size and scope, while sharing the risks of such projects. The geographic and financial scale of new competitive transmission projects sought by PJM in the RTEP process in recent years lends itself to this structure to adequately manage the risks associated with infrastructure projects of this scale."  Somehow the joint non-competitive project was able to "manage risk" but yet on the other hand, the project is just so risky that it needs a bunch of financial incentives.  "​Valley Link will
face significant permitting, siting, construction, procurement, and financial risks that present challenges to developing and constructing the Project Portfolio."
  So, which is it?  Is Valley Link risky or not?  It can't be both!

Of course, Valley Link plans to lower its risk that you're going to go all torches and pitchforks on them by "collaborating" with you.  Of course, that "collaborating" doesn't mean they will make any adjustments to their plan or anything like that... they just want to pretend they're considering your ideas while they laugh at you behind your back.
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Valley Link is committed to collaborating with residents, local governments and other stakeholders in the project communities at every stage of the process. Community engagement is crucial for making informed decisions that reduce or prevent potential impacts while delivering for the public essential infrastructure necessary to address large-scale reliability needs that the PJM grid faces both in the short term and for years to come.
Valley Link also requests three identical new formula rates, one for each of its state-specific sub-companies (it's like Russian nesting dolls).  A formula rate is a set of calculations that devise a yearly revenue requirement for each company.  It includes O&M, A&G, taxes, and return (interest) on capital expenses that are paid for over the project's useful life (approximately 40 years) as these assets slowly depreciate because we pay for them.  I've long since given up trying to explain formula rates to people who don't understand them, but let's just say it's extremely complicated.  If you don't believe me, take a look at the proposed formula rates in the filing.  I will sum it up by sharing that we pay for transmission much the same way we pay for a home using a 30 year mortgage.  While the bank loans us the cash to purchase the home, we will pay much more than we ever borrowed over that 30 years because the interest is calculated monthly.  We slowly pay the bank back, and they earn a huge profit over 30 years.  It works the same way with transmission, except the utility is "the bank" and the transmission line is our house that we have to pay for over 40 years, with interest calculated every year on the remaining unpaid balance.

And speaking of interest... Valley Link has requested a base ROE of 10.9%.  But they're not stopping there... they are also requesting .5% for their new membership in PJM (see above).  Total Return on Equity for this project is proposed at 11.4%.  That means Valley Link would earn 11.4% on the unpaid project balance every year for 40 years.  Do you earn 11.4% on your investments?  Probably not.  Transmission ROEs are already incredibly generous.

The important thing to think about with the formula rate is transparency so that we can check the utility's math from time to time to make sure they are doing it correctly.  Valley Link's formula rate is not transparent and leaves certain terms undefined.  That's probably because of this.  However, lack of transparency is not just and reasonable and FERC cannot approve a formula rate that is not just and reasonable.

And I think I'll stop there.  If you have any additional questions after reading the filing, I'd be happy to help.

So, let's sum it up:

FERC should not grant transmission incentives to Valley Link because Valley Link was not part of a transparent and competitive transmission planning process.

FERC should not grant the costly transmission abandonment incentive to Valley Link because the project has not been found needed by any state where the public may actually participate in the decision making.

FERC should not grant the CWIP in Ratebase incentive because that starts the money flowing out of ratepayer pockets before any state has approved it.

FERC should not grant the RTO Participation incentive to Valley Link because it is a shell company managed by incumbent utilities that have already been granted this incentive.   The "joint venture" is a charade.

FERC must ensure that Valley Link's formula rate is transparent and allows any person to participate in annual updates, seek information, and file challenges.

And keep this in mind when you file your comments at FERC. (File on Docket No. ER25-1633).  FERC Chairman Mark Christie had this to say about the cancelled PATH project just over a year ago.  (Begin at minute 13:48 and watch for about 5 minutes until he's finished).  Attention must be paid!  Valley Link is a second attempt to build the PATH project, but it also presents FERC with a second chance to correct all the things Christie said they got wrong with the original project.
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Shady Surveys = Skewed Stories

3/18/2025

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Sometimes the special interests get a little carried away with themselves, especially when the young folks who work there think they're saving the world.  The progressive left is still trying to find a way to make transmission lines "less bad" for landowners so that they will happily accept them.

NEVER GOING TO HAPPEN!
I was recently contacted by a gal representing shady far left groups who think paying bribes to community members unaffected by new transmission projects is going to be the solution to transmission opposition. Save your effort.  It doesn't work.  And... as if I would help 

The World Resources Institute
and 
Data for Progress 

with anything at all.

And it went like this:
On behalf of research teams at Data for Progress and World Resources Institute, I’m reaching out to ask if you would be willing to participate in a 30-min or 45-min confidential recorded interview to answer questions about your experiences with community engagement and transmission infrastructure projects. The opportunity to learn from your expertise with the PATH project would be a particularly valuable contribution to our research. 

We are inviting advocates both for and against transmission projects, policymakers, developers, community organizations, and other key stakeholders to these discussions. In the interview, we hope to learn about your familiarity with and views of community engagement efforts around transmission development, including what you view as working well or as areas for improvement. 
These interviews are part of a larger research project designed to examine barriers and opportunities for transmission deployment, including a specific focus on community engagement and understanding the role that community benefits (and tools like community benefits agreements) could potentially play in addressing some of these challenges, or if not, what their shortcomings are. We plan to synthesize what we learn from these interviews into a report which will also include evidence from case studies, focus groups, and survey data.
 
We would be grateful for the opportunity to include valuable insights from your unique expertise in our research. Your interview responses will be confidential and nothing you say will be attributed to you or your organization. Please reach out if you have any questions about the interview format.


If you’d like to participate in this interview, please let us know, and we would be delighted to set up a 30-min or 45-min Zoom discussion in the next few weeks.

Thank you for your time and consideration.

Does this deserve a response?  Not really, but I wanted to have a little fun.
I’m not sure how I can help you with your project.  How many actual transmission opponents are you interviewing?  The fact of the matter is that once a transmission project is sited on private property, the impacted property owner will oppose it.  It doesn’t matter how many “benefits” the government or the transmission owner want to shower on others in the community who are NOT impacted.  For instance, if a transmission line is sited in my back yard and I will have to live with it in perpetuity, it doesn’t matter much to me if somebody wants to fund a new park across town, or in an adjacent community that is not impacted at all.  Community “benefits” are nothing more than a bribe to buy the advocacy of unaffected persons.  It doesn’t make the landowner whole.  “Benefits” to people who are not impacted do nothing to change opposition and only create arguments and bad feelings in local communities.  I wouldn’t throw my neighbor under the bus for my own personal gain, and I hope you wouldn’t either.

Maybe you should change your polling questions to ask people if they support a transmission line ACROSS THEIR OWN PROPERTY that will use eminent domain to take the land if the landowner refuses.  Or if a landowner is willing to sacrifice his home for the “benefit” of people who are sacrificing nothing for the effort.

The only opinions that matter here are the ones of impacted persons.

Have a great day!

P.S.  Transmission opponents are unlikely to give away our strategy to dark money transmission advocacy groups.
Perky young gal was undeterred.  
Thank you for your thoughtful response. I completely understand if you do not wish to participate in this research project. Thank you for sharing your perspective. I respect the time you spent writing this reply and wanted to provide more context to you about this work. 

As an independent non-profit research organization, we hope to present a balanced view of challenges and shortcomings when it comes to how companies have approached transmission development, as well as opportunities to ensure that landowners have a meaningful say in these projects, including when that means organizing to stop them or to improve the conditions under which they do get built. We are representing a variety of perspectives across nearly 100 participants in our interview and focus group research, and have invited transmission opponents to participate in these interviews ranging from directly impacted landowners to county commissioners that have spoken out against projects. Our research included focus groups with rural landowners to understand their views on the important questions that you raise -- such as how they would feel about transmission infrastructure being built across their own property and their views on the use of eminent domain. You make valid points we've also heard during our research about the perceptions of benefits and their limitations, which will inform the analysis in our report. 

In case it is of interest to you, we are also conducting 15-20 minute anonymous surveys as part of this project. We'd welcome your response if you would want to participate in this in lieu of an interview, but we also respect your decision to decline participation in the project. 

Once again, I wanted to thank you for your time and the care you put into your reply. Have a wonderful weekend!
Their research included focus groups with rural landowners to understand their views on the important questions that I raised -- such as how they would feel about transmission infrastructure being built across their own property and their views on the use of eminent domain?

How many actual rural landowners went willingly to a focus group held by these far left groups?  How much were they paid, and were they told the truth about who was paying for the focus group and how their participation would be used?  I doubt it.  It never is with focus groups.  If there's so much lying going on at these groups, who could trust the results?  The ones who paid for the focus group want to use the knowledge gained to skew public opinion.  

Right.  With another biased "report" that promises throwing money at the transmission problem will solve it.  This problem can never be solved until transmission is properly buried on existing transportation rights of way and landowners are not victimized over and over again.

Do these groups know Biden isn't President any longer and they are not running the federal government anymore?  Who are they going to convince with their bogus reports?


Nobody.  

I suggest they redirect their grant money toward other important social dilemmas, like finding out why environmentalists are burning their Teslas and buying gas guzzlers.  Well, if they have any grant money left that is... ;-)
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Here's Why Grain Belt Express Must Be DOGEd

3/11/2025

1 Comment

 
Although DOGE isn't officially a word that refers to cutting the fat out of government yet, I'm turning it into a verb.  DOGEd:  verb - to eliminate from government spending programs. Example - Grain Belt Express has been DOGEd.
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Missouri Attorney General Andrew Bailey wrote a letter last week asking the new Department of Government Efficiency (DOGE) to investigate the U.S. Department of Energy conditional loan guarantee for Grain Belt Express in the amount of $4.9B.
“In the waning, chaotic days of the Biden Administration — when the former president’s mental decline had grown to such a severe state that we now know he was not actually running his own White House and often signed documents without even knowing what they contained — left-wing bureaucrats seized the opportunity to advance their radical ‘green agenda,'” said Attorney General Bailey. “In the shadows of this confusion, far-left deep staters advanced a $4.9 billion green energy federal loan guarantee boondoggle to bankroll the Grain Belt Express (GBE), one of the most egregious abuses of taxpayer dollars in recent memory.”
Grain Belt Express isn't even eligible for the loan guarantee in the first place!  From my recent comments on GBE's draft environmental impact statement:
The first paragraph of the Executive Summary states that in order to qualify for a loan, the project must be eligible under Section 1703 of Title XVII (the Clean Energy Financing Program), which defines eligible projects as those that, “avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases [GHGs]; and employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued” (Public Law [P.L.] 109-58, Section 1703(a)).
The DEIS makes this presumption: “The Project could also help reduce overall GHG emissions by allowing new renewable energy projects to access the electric grid, potentially leading to the replacement of existing fossil-fuel power plants, while providing additional power to expanding renewable energy markets.” (Table 3.1.1). Coulda, woulda, shoulda. This is a wish list that is not backed up by facts. The DEIS does not name or study the projects that could use Grain Belt Express to access the electric grid and the DEIS determines they are not reasonably foreseeable actions and therefore are not included in the cumulative effects analysis. (Sec. 4.3.2.2).


Here’s the bottom line. Without signed legal contracts with generators, it cannot be presumed that Grain Belt Express will transmit renewable energy from wind or solar generators. Under its Negotiated Rate Authority from the Federal Energy Regulatory Commission (FERC), Grain Belt Express may negotiate contracts with customers who will pay the company to use its transmission capacity, either generators or load serving entities.
Grain Belt Express has not made a compliance filing demonstrating to FERC that is has signed contracts with any generators, in Kansas or elsewhere, therefore any generator may negotiate a future contract, including those that use fossil fuels. It is just as likely that a new or existing gas- or coal-fired generator may sign a contract as a new solar or wind generator. Grain Belt Express may not discriminate against generation types when negotiating contracts and cannot evaluate connection requests using generation source as a factor. All sources of generation must be allowed to negotiate contracts under open access transmission rules.
Because potential generators have not signed contracts with Grain Belt Express, it simply cannot be determined that Grain Belt Express will reduce greenhouse gases as required to qualify for the loan. Furthermore, without signed contracts with generators, Grain Belt Express is just a transmission line. Transmission lines, by themselves, do not reduce greenhouse gases. A transmission line that is not connected to a generation source is just like an extension cord that isn’t plugged into anything. Grain Belt Express does not reduce greenhouse gases and therefore it is not eligible for the proposed loan.
And then let's think about GBE's merchant transmission status a bit, shall we?  Merchant transmission is a speculative, supplemental transmission project that is not needed by consumers for any reliability, economic, or public policy purpose.  No regulator or grid planner has ordered the building of GBE.  Therefore, its owners are speculating that it might become useful in the future.  Because there is no need for GBE, it must fund itself.  Transmission that is actually determined to be NEEDED is paid for by captive consumers, however GBE isn't needed and must be fully funded by private investors.  Those private investors speculate that voluntary customers for GBE will materialize at some point in the future and provide enough revenue to pay for the transmission line and create a profit for the investors.  If there are no future customers, then the cost of speculating on GBE becomes the responsibility of the investors who willingly took on the risk of building a project with no customers.

Why is the federal government backstopping this investment risk for private investors to the tune of $4.9B?  Merchant transmission projects can only put risk on their investors, not captive electric consumers, therefore why are the captive American taxpayers suddenly shouldering the risk of this project?  It's too risky for any captive group, whether it's electric consumers or taxpayers, and that explains why it is a speculative venture of voluntary investors.  If it doesn't provide any benefits for consumers, then it's not our responsibility to pay for it.  It's strictly a for-profit speculation for private investors.

As we know, the U.S. Department of Energy hasn't done such a great job vetting speculative ventures in the past.  One of the most famous may be Solyndra, who presented fake contracts to back up its DOE loan and then couldn't produce any revenue to repay.  The taxpayers ended up giving Solyndra $500M in monopoly money to build a factory that never produced a single thing.

News Flash!!!  Grain Belt Express does not have enough signed contracts to make its project financially viable.  The DOE should not be gambling on this historically unsuccessful project to the tune of $4.9B!

And why did the DOE Loans Program Office give GBE a "conditional" approval right after the November election?  Obviously GBE had not completed the required steps to be out right approved, so why was "conditional" approval necessary?  And why is that even a thing in the first place?  It's either approved, or it's not.  Conditional approval doesn't mean a thing, especially when applied in a baldly political context.  Grain Belt Express is not ready for a taxpayer backed loan and its prospects for repaying are slim to none.

Grain Belt Express must be DOGEd.
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How DO You Get Power For New Data Centers?

3/7/2025

1 Comment

 
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Yesterday, the Jefferson County Commission passed a Resolution that nobody seemed to understand, maybe not even the Commissioners themselves.
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I made public comment at the Commission meeting yesterday morning, completely oblivious to the Jefferson County First Resolution that was added to the packet after it was originally posted on Monday.  Unfortunately, nobody involved in the power line battle saw it ahead of time and I left the meeting for other adventures before it was discussed.  My bad.  It sure would have been nice if the Commissioners had been more upfront about their Resolution that will impact hundreds of county residents.  Even when asked before the meeting what the mysteriously-named Resolution was about, a Commissioner professed ignorance.

I addressed the Commissioners yesterday morning before the meeting specifically because I had heard a rumor being spread by state legislators that Jefferson County had no power over the transmission lines and that there was federal authority to approve it if West Virginia rejected it.  It seems this untrue rumor came from Del. Linville, who misspoke about the transmission lines at the February 20 meeting.

Jefferson County has enormous power over the fate of the transmission lines, although it has no direct permitting authority.  Jefferson County's power comes from its ability to influence the future decision about the power lines from the West Virginia Public Service Commission.  The County Commission speaks with a louder voice and can advocate for the county and its people as a whole.  We need and appreciate their support!

THERE IS NO FEDERAL BACKSTOP ON PERMITTING FOR THESE LINES!  I told the Commission that yesterday.  No wonder I got such odd looks.  I do understand the prohibition of having direct dialogue with a public commenter so I can't fault them for not saying anything.  However, you'd think that if they were doing something great for the citizens of the County who will be personally impacted by the transmission lines, they would have wanted to spread the word so we could be there to cheer them on.  It's sad that we can't have that relationship.  We're on the same page, but we're not reading from the same book.  I have been working in both the state and federal transmission planning and permitting realm for nearly two decades now.  I have a wealth of experience and knowledge that I can share with you until your eyes roll back in your head and your brain shuts down.  It is incredibly complicated with a lot of moving parts that need to be fully understood before decisions are made.

Transmission siting and permitting is completely under state jurisdiction, except in the event that a line is sited in a designated National Interest Electric Transmission Corridor (NIETC).  A NIETC was proposed for Jefferson County (and other parts of the tri-state area) last year, however, that potential corridor was ABANDONED by the DOE in December 2024.  There is currently NO NIETC, and therefore no federal authority over the two proposed transmission lines in Jefferson County.  There is no other federal mechanism to usurp the jurisdiction of the West Virginia Public Service Commission.  The two transmission lines will live or die by the decision of the West Virginia Public Service Commission, which is a process where Jefferson County (and its citizens) can participate to influence the outcome.

This morning, we woke up to this.
The County Commission discussed their Resolution and unanimously supported its passage.  Unfortunately, the story doesn't say where the Resolution was sent.  It's not a bad Resolution, until it gets to the end where Jefferson County appears to give up and beg for a transmission owner lobbyist to simply whisper the magic words... "this transmission line will attract data centers to Jefferson County", even though that's not true at all.

How DO data centers get power?  Data centers use enormous amounts of power, equalling the power load of small cities in some instances.  When a county has attracted a data center customer (more on that later), the customer will request power service from the local distribution utility.  In our case, it's Potomac Edison.  The customer estimates how much power it will need, often beginning with a baseline amount that ramps up over time as the data center is built out.  Potomac Edison considers this request and determines if it can serve the load from its local system.  If not, it gets added to Potomac Edison's future load forecast that is subsequently relayed to PJM Interconnection  for planning purposes.  If the local utility cannot meet load requests, then it asks PJM to add it to its planning.  Remember, PJM's only tool is transmission.  It cannot order new generation, which is perhaps the better solution to large new load requests.  PJM uses these local load forecasts to create a regional load forecast.  Once PJM has its regional load forecast, it plugs that into its transmission planning and determines how much new transmission might be needed to meet the load requests (because it can't order new generation).  PJM opens a competitive transmission window to solve load (think RFP) and selects the transmission projects that it believes will meet the load.

This is a multi-year, multi-tiered process.  The two transmission lines through Jefferson County are the product of load forecasts and planning that occurred in 2022 and 2024.  The load that was forecast for PJM in those years is slated to occur in Loudoun and Prince William Counties, Virginia.  It's not for load requests from Jefferson County.  The power that these transmission lines will export is already spoken for by load requests that were made in earlier years by new data centers locating in Virginia.  Just because a new line will travel through Jefferson County doesn't mean it will serve new growth here.  

Attracting data centers to your locality is about much more than welcoming new transmission extension cords designed to serve data centers in other states.  It's about offering the data center companies incentives to locate here and providing the infrastructure they may need.  Just as crucial as a local supply of electricity, data centers need a fiber connection.  When Frederick County, Maryland, wanted to attract new data centers to a local campus, they arranged for a fiber backbone connected to Virginia's data center alley.  Jefferson County doesn't have this kind of infrastructure.  Data centers also need a vast supply of water for cooling.  If Jefferson County is going to allow a California company to come in here and pump and sell our water supply to outsiders, we won't have enough left for data centers.  Frederick County located its data center campus at the site of a former aluminum smelter.  Aluminum smelters use a lot of power (but nothing approaching data center proportions) so the site already had a 230kV transmission connection and substation.  Frederick County is using the existing lines to power its campus, not building new ones.  Frederick County maintains that its data center campus is not the reason for new transmission lines.  However, it is curious that both the new transmission lines proposed through Jefferson County land at substations in Frederick County before routing south along the river to make connections in Virginia's data center alley.

If Jefferson County wants to have data centers here, it needs to create a realistic plan, not just throw wide the doors for transmission extension cords for data centers in other states and hope that data centers develop through osmosis.

However, Jefferson County should also spend a great deal of time investigating how data centers have changed other communities that initially welcomed them for economic development purposes.  People are migrating here to live precisely because Jefferson County doesn't have data centers.  Citizens in Virginia hate living with them and can't wait to get out of the hellscape they have created under the guise of economic development.  Jefferson County is the peaceful, rural environment that has disappeared from Northern Virginia.  A good and affordable place to buy a home and raise a family.  Jefferson County needs to be very careful and deliberate with planning for new data centers so it doesn't turn itself into Loudoun County West.  Attracting data centers is something the West Virginia legislature should be studying as well.  State incentives are needed to attract data centers, not just local economic development efforts.

Does Jefferson County currently have any interest from companies wanting to locate new data centers here?  Have those companies developed their plans enough to make a request for service from Potomac Edison?  Or is this Resolution simply a blind expression of hope?  If so, it is unlikely to get to the right place.
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Landowners Come Last

3/1/2025

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Transmission companies use the same playbook every time.  By now, I know it by heart.

Projects are planned by the regional grid operator that many people don't even know exists.  Although the process is open to "stakeholders," those stakeholders have no idea that such an organization is planning a new transmission project that is going to cross their land and, perhaps, take their home.  Once approved by the grid operator, the utilities conduct secret meetings and grease the right palms.  They engage with your state agencies and elected officials to convince them that the project is a good idea.  It's all one big, happy party... SECRET happy party.  Your elected officials and your state agencies don't engage you or send notice.  They leave that up to the utility, and the utility doesn't want you to know until it's so far into the routing process that you can't have any real impact on where it goes.  You're supposed to remain dumb and happy until the last minute.  Then the utility springs it on you as a fait accompli and conducts a farcical public information and notification process.  At this point, they hope you're out of options and that you will jump into action to push the project off yourself and onto your neighbor.  That's the first reaction of the vast majority of people, until someone finally figures out it's not about where it goes, it's about whether it goes.

But, until you finally receive notice, you should know that the utility has been very busy consulting with everyone except the landowner who would be forced to host the transmission line on his property.  And don't you know it, NextEra has been very busy trying to schmooze a path for its portion of the MidAtlantic Resiliency Link (MARL).  This presentation recently surfaced, although it's been common knowledge to a bunch of people who were hiding it from you for months.
marl_schmooze.pdf
File Size: 4634 kb
File Type: pdf
Download File

Perhaps your most important take away from this little peek into what's been going on behind your back is this slide.  Click to download the above file to see a larger version.  
Picture
This is the roadmap of NextEra's routing process.  The red box is where "we" are.  It's a point called "Engage Counties and KEY STAKEHOLDER With Preliminary Route."  Right... KEY STAKEHOLDER... but that doesn't include the most important KEY of all... the landowners who will be asked to host this project.  When are impacted landowners notified?  Three turns away at "Open Houses", which is nearly the last pit stop on this highway to hell.  By that time, everyone else that won't see it from their house has been consulted about the route and brought on board.  Landowners come last on this journey.

Landowners are presented with a couple of routing options and are expected to spend all their time fighting each other over where it goes, instead of joining forces against the real enemy.  And they call this "community consultation"... when the decision has already been made.

DAD - Decide, Announce, Defend.  DAD is a top-down, minimally participatory method of public management.  You're sheep and they are the sheepdogs.  This never works on a smart, engaged public because the last "D" never ends.  People won't give up when their very home is on the line.  And when the utilities are put on the defensive, they say and do the stupidest things, most of them dishonest.  Nobody is buying it.  We all know how to smell a rat.  Propaganda is a useless waste of money.

​So, what else is in that power point?  Well, there's a full map of the MARL project, including FirstEnergy's portion.  NextEra has been pretending that the eastern part of the project doesn't exist and that their project simply ends in Frederick County, Virginia.
Picture
But it's clearly shown on a map that the end of NextEra's MARL is simply the HANDOFF POINT.  That's where their transmission line connects directly to FirstEnergy's transmission line.
Picture
We're all in this together, folks!  Landowners and communities impacted by NextEra's MARL are in the same boat as landowners impacted by FirstEnergy's MARL.  Neither one of these line sections can happen without the other.  Kill one, kill them both.

Here's what the landowners impacted by NextEra's MARL are facing:
Picture
Landowners on FirstEnergy's portion are facing the tear down of an existing 138-kV transmission line, expansion of the existing easement at least 100 feet, and the building of a new 500kV line with a 138kV circuit on the same new towers.

Pay attention, people!  It's coming!  Although the most FirstEnergy has done is threaten to "survey" its existing easements on its part of this project, you should also know that they are working behind the scenes, much like NextEra, to schmooze KEY STAKEHOLDERS to accept the project before you even realize that they've decided on a route across your property.  The announcement will come later, with Open Houses of our own.  By that time, the route is set in stone.  Be prepared to fight!
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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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