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Grain Belt Express "Victim" Cries to Court

8/31/2023

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Remember a couple weeks ago when the Fifth District Appellate Court in Illinois issued a stay of implementation of GBE's Illinois Commerce Commission CPCN?  Well, Grain Belt didn't like that.

In response, GBE filed a Motion for Recosideration or in the alternative clarification of the Appellate Court's Order staying implementation of Grain Belt Express LLC's Certificate of Public Convenience and Necessity.  Say that five times real fast.  And if you think the title of the motion is wordy, you ain't seen nothing yet!  The motion itself clocked in at a record 746 pages.  I think I filed a Joint Appendix once that had less pages.

First of all, no court likes hearing how it got things wrong.  Strike 1.  Courts also don't like reading a lot of stuff. They simply don't have time.  Strike 2.  This particular Court is protecting the citizens of Illinois from what may be an unconstitutional law that Grain Belt passed which greased the ICC approval.  Whining that some billion dollar corporation is the true victim here is pretty tone deaf.  Strike 3.

Because I know you don't have time to read 746 pages of pure nonsense, here's what the Motion says, in as few words as possible.

Grain Belt is the victim because, in the words of our misspeaking friend Brad Pnazek,
Grain Belt Express LLC engaged Contract Land Staff LLC (“CLS”) to assist with negotiating voluntary easement agreements with landowners on the approved route. 

CLS remains engaged. Pursuant to the terms of the engagement, Grain Belt Express LLC is paying CLS approximately $50,000 per week and must continue to pay that amount for the duration of the stay. Grain Belt Express LLC is receiving no services due to the stay Order. Grain Belt Express LLC must, and intends to, keep CLS engaged or it will not have staffing available for land acquisition services when the stay is lifted.
The answer to Brad's dilemma is simple... fire CLS if they won't allow a stay on their contract while the court case works its way out, and then hire a different land acquisition company later... assuming you will even need one when GBE's special purpose legislation is overturned.

Meanwhile, GBE claims that landowners will not have to spend any money on surveys and appraisals, lawyers, and other professionals to assist in negotiations with GBE because 
“The landowner will not need to pay for an ‘updated title search, appraisal and ALTA survey’ to evaluate GBE’s offer during voluntary easement negotiation . . . because GBE will provide those or comparable materials in support of its easement offer.” 
Oh, right.  The landowner is just supposed to accept GBE's documents and not get his own counsel.  This is almost worse than the land agents trying to negotiate easements during the appeal in the first place!

So, what is it that GBE wants the Court to do?

GBE seeks the following relief:
1. That this Court reconsider the Order, as the requested stay is not supported by any evidence of great or irreparable damage to the Landowner Alliance. To the contrary, the only verified evidence in the record is that GBE will suffer damage as a consequence of the injunction.
2. Moreover, that this Court reconsider the Order because the stay violates GBE’s constitutional rights and is not supported by any applicable legal principle.
3. That this Court failed to address the requirement for a bond, and, if this Court determines that any portion of its Order should remain in place, that this Court require the Landowner Alliance to post a bond in an amount adequate to secure the damages to be incurred by GBE.
4. In the alternative, if this Court elects to not reconsider its Order, that it clarify that the Order does not (and legally cannot) enjoin GBE from engaging in voluntary land acquisition or easement negotiations with landowners along the approved route for the transmission line project, as such an injunction would exceed this Court’s jurisdiction and violate GBE’s constitutional rights. 
5. That this Court clarify the “specific finding[s] based upon evidence submitted to the court, and identified by reference thereto, that great or irreparable damage would otherwise result to the [Landowner Alliance], and specifying the nature of the damages,” as required by the Illinois Public Utilities Act, 220 ILCS 5/10-204(b). 

Not going to happen.  GBE needs to find its binky and take a nap.
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The Climate Blame Game Has Jumped The Shark

8/27/2023

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Green energy policies have caused the closing of many baseload fossil fuel electric generators, and we're not building an equal amount of new baseload generators to replace them.  This means we're constantly bombarded with warnings to reduce our electric use and in the worst case, rolling blackouts to prevent the grid from crashing.

Many have said that we need to increase the amount of wind and solar we bring onto the grid, but is that really a long-term solution?  Wind and solar can only be modeled as "baseload" at a fraction of their capacity because they are intermittent and only Mother Nature controls how much power they produce at any given point in time.  Therefore, we'd need 3 - 4 times as much wind and solar as we expected to use in order to produce a reliable fraction.  Also, wind and solar require vast amounts of land to house their sprawling generators.  There's a reason we were relying on fossil fuel generators -- because they take up very small amounts of land for the amount of power they produce, and they can produce power when we provide their fuel.  We decide when they run and how much they produce.

But this logic doesn't work with green energy policies.  Instead of admitting the real problem -- wind and solar aren't reliable sources of electricity -- the green propagandists sell the idea that the reason we don't have a reliable grid is because the weather has become "extreme."  Although it's normal for summer temperatures here to average in the 90's, now a day in the 90's causes alerts and warnings to cut usage.  We're told the big lie -- that climate change and extreme weather is the cause of electric grid reliability issues.  And stupid people believe it.

I guess we should have expected that the utilities have been watching the success of this stupidity and have now adopted extreme weather reasons for their own failures.  Check.it.out.
A grass fire near 199th and Lone Elm Olathe was likely caused by a downed power line. 
An Evergy representative reports the "excessive heat was likely a contributing factor" to a crossarm breaking, falling and igniting the grass fire.
About 1,900 customers were affected. Their power was restored within an hour of the incident.
What?  Heat causes wooden cross arms to snap off (or worse yet, metal ones)?  Sorry, but heat does not cause wood or metal to spontaneously deconstruct without any contributing factors.  If it did, all our houses would be falling down when it's hot.  It's so stupid, it's completely unbelievable!

You know what does cause crossarms to break?  Lack of maintenance.  That crossarm had to have other issues, like cracks, warping, or rot, to have fallen.  Heat had nothing to do with it and lack of maintenance has everything to do with it.  So, why aren't utilities properly maintaining their facilities using preventative maintenance before things break and cause fires or other disasters?  Because they're using that money for something else.  Let's explain...

Most utilities use what are known as stated rates for their distribution systems.  A utility files for a rate (or rate increase) by showing regulators a list of its costs over a certain period of recent history.  They call it a "test year."  The regulator examines the costs in the "test year" and determines the allowable rate the utility may charge.  It will also determine the allowed rate of return for the utility.  Utilities are allowed to earn a return on their investment in the infrastructure that serves us.  It's in the neighborhood of 10% right now and headed upwards.  Once the regulator determines the just and reasonable rate for the utility, it sets the rate at a certain amount per year.  The utility receives that amount every year until it files a new rate case at its own initiative.  Once the rate is set, the utility can spend the money it receives any way it likes.  Nobody is checking.  As long as the lights stay on and people don't complain too much, all is well.  A utility may spend some of the money in its Maintenance account on other things.  Those other things may be bonuses for its executives, lobbying, shoring up its pension plan, or increasing its profits.  Anything goes.

Therefore, things like tree trimming or replacement of aging crossarms, transformers, insulators, conductor, towers, and the like may be deferred for another year or two to free up Maintenance dollars that can be used elsewhere.  However, if a utility does this too much, eventually the system begins failing and the utility is left playing "catch up" trying to maintain its system before it causes disaster.  It's impossible to catch up and eventually the whole system is on the verge of failure.

A damaged crossarm that probably should have been replaced BEFORE it failed has caused a fire.  This same scenario has caused many other fires, both big and small.  The utilities deal with this by shutting off power when the weather is predicted to be windy so that its rickety, unmaintained system doesn't break and start fires.

This isn't the way to run a utility.  We have to insist that utilities open their books to show us that they have actually spent their maintenance money on maintenance.  This blame game has now jumped the shark.
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What Will Be On New PJM Lines?

8/25/2023

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PJM Interconnection is the grid planner for the Mid-Atlantic region.  PJM's job is to keep the grid reliable and the electricity markets competitive.  When load increases in PJM's region without a corresponding increase in generation of electricity, reliability suffers.  When reliability is threatened, PJM springs into action and plans new transmission to solve the impending crisis.  If PJM did not act, we'd soon experience brown outs and black outs and the whole PJM system would crash.  The most logical solution for PJM would be to order new generation near sources of increased load.  However, PJM cannot order new generation, it can only order new transmission.  Electric generation is a market-based, competitive endeavor.  If demand increases prices in a certain load pocket, then the generation market receives a signal that it would be profitable for new generation to build for that load.  It works, in theory, but sadly not in practice.  PJM's  reliability focused transmission planners never let the market work to spur new generation.  When prices increase, or reliability issues crop up on the horizon, PJM orders new transmission to solve the problem before any new generators are even contemplated.  PJM complains about the loss of baseload generation without replacement, but fails to acknowledge its own role in creating the problem.

Over the past decade or so, Northern Virginia has become the data center capital of the country.  Data centers use a LOT of electricity.  This recent article says that Amazon data centers in Northern Virginia use half as much electricity as New York City every day, and 35% more than the entire power grid of the company's hometown city of Seattle.  That's a huge electric load currently being built out in Northern Virginia without a corresponding increase in electric generation.  PJM says the data centers are creating a reliability issue and it has opened a request for proposals to solve it using transmission.  The goal is to export a whole bunch of electricity to Northern Virginia, and PJM's utility members wasted no time in creating new transmission lines that would connect the generators they own to Northern Virginia.
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One such proposal from FirstEnergy envisions two new 500kV lines from West Virginia to a substation in Frederick County, Maryland.  Other utilities have proposed new lines from that substation to Northern Virginia, completing the new extension cords.

Extension cords are exactly what these new transmission lines are.  They plug in at struggling FirstEnergy-owned electric generators in West Virginia and provide a pathway for additional electricity generated in West Virginia to power the data centers in Northern Virginia.

The map shows the northern line of this proposal beginning at Fort Martin, West Virginia.  Fort Martin is the location of FirstEnergy's coal-fired Ft. Martin Power Station.
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The plant uses more than 2.8 million tons of coal annually and at full capacity the plant’s generating units can produce more than 26 million kilowatt-hours of electricity daily.  Read more here. 

Of course, nobody wants coal-fired electricity any more and FirstEnergy has been toying with closing or selling some of these plants.  And then the PJM serendipity fairy arrived!  PJM needs transmission to bring a new supply of power to No. Va., and FirstEnergy can bolster the future economic success of its failing generators by connecting it to data center load.  And FirstEnergy's proposal was born.

The southern line of FirstEnergy's proposal is shown on the map as beginning at Pruntytown, WV.  Pruntytown is a gigantic substation where many electric generators in the area connect to the grid.  One such plant is FirstEnergy's Harrison Power Station in Haywood, West Virginia.

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Harrison uses more than five million tons of coal annually and at full capacity the plant’s generating units can produce over 47 million kilowatt-hours of electricity daily.  Read more about Harrison here.  FirstEnergy's bottom line wins again with this proposal!

But did anyone ask Northern Virginia if they wanted to import dirty coal-fired electricity from West Virginia to power their data centers?  PJM?  FirstEnergy?  Dominion?  These entities are going to have a really hard time selling this to a community with clean energy goals and aspirations.  The D.C. metro area is so worried about climate change that they have closed many fossil fuel generators in their own neighborhoods.  Why would these people just look the other way and shrug about increasing their carbon footprint every time they turn on the light switch?  Would local governments in Northern Virginia keep approving new data centers that need power if they knew they were increasing regional air pollution?  Where's the tipping point here?

In addition to the burning of more coal to produce more electricity in West Virginia, FirstEnergy's proposals also plan on hundreds of miles of new transmission rights of way across private property between West Virginia and Northern Virginia.  None of these affected landowners need this new electric supply.  It's simply passing through on its way to corporate users in D.C.'s growing urban sprawl.

Of course, FirstEnergy's proposal is only one of 72 that PJM received.  Other utilities have proposed connecting their nuclear and gas fired power stations in south eastern Pennsylvania to the data center load via new transmission lines.  Numerous proposals begin at the Peach Bottom Atomic Power Station in Delta, PA and the gas-fired York Energy Center in the same town.  Still other proposals want to connect the data center load to American Electric Power's massive 765kV transmission system in the Ohio Valley, where numerous fossil fuel plants are struggling to survive.  See the 765 lines on this map:

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The endpoint of AEP's 765kV system in Virginia is at a substation called Joshua Falls.  New lines beginning at Joshua Falls connect to the data center load as shown on this proposal map submitted to PJM by AEP subsidiary Transource.
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Northern Virginia communities need to go into this new power supply for their data centers with their eyes wide open.  Are all the "benefits" they are receiving from the massive data center build out worth increasing their carbon footprint?  Why are other communities in rural areas hundreds of miles from the data centers being forced to sacrifice their land and in some instances, the very air they breathe, so that Northern Virginia counties can increase their tax revenue and their sprawl?  If these counties are receiving all the benefits from the data center buildout, shouldn't they also step up and shoulder the negative impacts by building new coal, gas, and nuclear power stations in their own communities?

There has to be a better solution than this!
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How the Community Consultation Sausage is Made

8/23/2023

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Utilities, regulators, elected officials, grid planners, environmental groups, and pretty much everyone else not personally affected by a new transmission line or substation tell us that "early consultation" with impacted communities makes projects better.  You're supposed to go away happy with the new infrastructure clogging up your backyard because you were "consulted."

Consultation is a chimera.  It's an act.  They make a big deal out of pretending that your input and concerns matter, but they really don't.  You don't matter one bit and nothing you say, or any suggestions you make, have even a ghost of a chance of changing their predetermined plans.  Oh, sure, they give you a bunch of busy work to do, maybe a committee or other place to be creative, or just vent, but nothing you produce will ever be good enough to pass muster.  Why is that?

It's because utility planning is done behind closed doors.  The utilities and the grid planner, like PJM, create a fully-formed project before informing the public and beginning their fake "community consultation."  The community is approached with a fait accompli and the only options for the community is where to put it.  This is intended to cause community clashes between neighbors over siting, while the real enemy, the utility, gets no pushback at all.  Don't fight with your neighbors over where to put new transmission, direct your ire toward the real enemy.

When utilities finally roll out their set-in-stone proposals to the community and pretend to "consult", the community will set to work finding new routes, new ideas, new sources of energy, new ways to build transmission without community impact.  The community is industrious, creative, and usually right.  But when the community's suggestions are presented to the utility, the utility has 1,001 excuses why none of these solutions can ever work.  Where's the "consultation"?  It's a one-way street and the utilities simply bat away any new ideas.  They don't have to accept, or even consider, your ideas.  They're betting they can convince regulators that their ideas are better than yours because they are "experts" and you're just an uneducated peon.

The utilities then present documentation of their fake "community consultation" to regulators and say that the community prefers their plan to other alternatives.  The conclusion is that, after consultation, the community is on board with the utility's original plan and therefore regulators should approve it.

This exact scenario is played out in this recent article about a new substation in Fayette County, West Virginia.  The utility planned a new substation along Rt. 60 at one of two sites.  One of these sites was the desired site all along, but to pretend to give the community a choice, a second dummy site was added to the mix.  The community didn't want a new substation at either site.  It wanted the utility to put the substation somewhere away from the highway.  But, "...the company determined the other suggestions were not viable for the scope of what the project needed to house."  Gee, imagine that!  None of the other suggestions were viable at all.  There was absolutely no way to make them work, or for the utility to compromise at all with what the community wanted.  The utility's community consultation consisted of "...outreach and providing simulations of the project’s infrastructure."  The utility showed the community photoshopped representations of how the project would look next to the highway if they built it their way.  That is not "consultation."  It's propaganda.  The utility pretended that its picture show made the community happy.
“I think that sort of input that we got from the community and then also doing that modeling to show folks what it was going to look like when it’s constructed both helped along the project,” he said.
And the PSC said that the utility's preferred site was favored by more community members.
The commission observed that while many residents were still opposed to both the Garage Site and the Post Office Site, which is adjacent to the Victor Post Office on Route 60, they seemed more accepting of the Garage Site over the Post Office location.
Oh, they "seemed" more accepting?  Was that finding based on some hard evidence?  That's like asking the community if they would rather be flooded or burned.  Neither one is an acceptable option.  The community wants to be left alone and not put in "pick your poison" position.  The community actually chose neither of these options, but how would they prove the PSC's conclusion was wrong?

Community consultation is a performance.  Unfortunately, it's one in which the community must participate.  But a smart and cohesive community knows how the sausage is made and plays their own games with the utility during community consultation simply to document the community's road to victory in the regulatory process.  The utilities are not your friends.  The regulators are not your friends.  The only ones you can trust are your fellow impacted landowners, your friends, and your neighbors.  That's where grassroots action starts and succeeds.
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Illinois Court Issues Stay on GBE Landowner Contacts While Appeal Proceeds

8/22/2023

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The Fifth District Appellate Court in Illinois has issued a stay of implementation of the Illinois Commerce Commission CPCN issued to Grain Belt Express on March 8, 2023.  This means that GBE has to cease its land acquisition efforts until the appeal runs its course.

Read the Court's Order here.
order_from_appellate_court.pdf
File Size: 91 kb
File Type: pdf
Download File

The ICC permit was appealed by a group consisting of the Farm Bureau, Concerned Citizens and Property Owners, Concerned People Alliance, Nafsica Zotos and York Township Irrigators.  Let's just call them the Landowners.  The appeal has yet to be decided.  However, GBE has begun sending out packages containing eminent domain threats to landowners, which causes the landowners to have to spend money on appraisers, lawyers, etc. to defend their properties.  If the appeal is successful, then this would be a complete waste of landowner cash that could never be recovered.  The Landowners filed a motion asking the Court to issue a stay.
...the odds that any affected landowner will ever recover from a penniless project finance limited liability vehicle the costs and expenses they will have incurred in consequence of GBE's premature attempts to obtain easement rights will range somewhere between slim and none.
Read the Landowners motion here.
motion_to_stay.pdf
File Size: 6595 kb
File Type: pdf
Download File

A stay of an ICC order is warranted when it is likely that the appealing party may be harmed, and when there is a likelihood that the appealing party may prevail on the merits.  That's right.  The landowners think their case is so strong that it is likely they will win.  Since the Court granted the stay, apparently they think so also. 

The landowners have a very strong case that rests on several different arguments.
Special legislation is expressly prohibited by our state constitution: “The General Assembly shall pass no special or local law when a general law is or can be made applicable.
Whether a general law is or can be made applicable shall be a matter for judicial determination.”

Section 8-406(b-5) benefits only GBE as opposed to all other potential applicants because GBE is the only entity that can take advantage of its specific requirements. There is no rational basis for the General Assembly to require that any application for a “qualifying direct current project” be filed by December 31, 2023, except to specifically favor GBE against all other applicants. In fact, the sponsor of the legislation that added Section 8-406(b-5) to the Act specifically admitted during the debate on the amendment that the new law was for “the transmission line [G]rain [B]elt.”
The legislature passed special purpose legislation just to grease GBE's approval by the PSC.
Section 8-406(b-5) also arbitrarily discriminates against landowners, including the Landowner Alliance, who own land within Pike, Scott, Greene, Macoupin, Montgomery,
Christian, Shelby, Cumberland and Clark Counties, Illinois (the “Enumerated Counties”), to the benefit of landowners that own real estate outside of the Enumerated Counties. Section 8-406(b-5) arbitrarily and unfairly deprives the landowners in the Enumerated Counties of the same legal threshold for the involuntary transfer of their private property by eminent domain as landowners in non-Enumerated Counties enjoy.
This violates the equal protection guarantee. 

"The equal protection clause provides a basis for challenging legislative classifications that treat one group of persons as inferior or superior to others, and for contending that general rules are being  applied in an arbitrary or discriminatory way."

The legislation violates separation of powers whereby the legislature declared GBE to be a public utility.
It is well settled under Illinois law that "…the determination of whether a given use is a public use is a judicial function."

Section 8-406(b-5) takes out of the hands of
the courts the determination of whether a particular use is a public one. Article II, Section 1 of the Illinois Constitution states that "[t]he legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another."
Only a court can determine if GBE is a public use.  The legislature cannot make such a determination, nor should it.  Just look at how stupid the enabling GBE legislation was -- would you want people who passed this hot mess also determining whether private companies can take your property?  Legislators are often not the brightest bulbs in the string, but they don't have to be because that's what lobbyists are for.  Lobbyists write legislation that favors their employers and legislators pass it.  That's probably what happened with Grain Belt Express.  Nobody with any legal knowledge could have written that legislation.  Thank goodness for our courts!

In addition, the ICC issued a 5-year CPCN when they are only permitted by statute to issue a 2-year CPCN.

The ICC should not have approved GBE because it failed to demonstrate that it could finance its project.  It was all coulda, woulda, shoulda.  The mechanics are in place to receive financing IF and only IF GBE signs customers.  GBE has not yet found enough customers to receive financing for its project.  That's like saying I could buy a yacht, if I only won the lottery.  First I would have to win the lottery and the chances of that are looking about as good as GBE finding customers.
Though GBE asserts that it is presently capable of financing the Project, this is false. GBE’s own witnesses testified that financing for the Project will not be in place until it has secured transmission contracts with customers whose credit ratings are acceptable to lenders willing to lend to GBE on the strength of those customers’ creditworthiness. As GBE stated in its Initial Brief before the Commission, it will not be able to obtain financing for the Project until customer contracts are executed.
All the special purpose legislation, gladhanding, and influencing in the world can't produce customers for GBE.  A merchant transmission project without customers is NOT NEEDED.

Keep your fingers crossed while this appeal is considered and decided.  Will GBE have to return to Go and not collect $200?  Is it possible to unfairly influence the Illinois Appeals Courts?  Will justice prevail?
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PJM's Implausible Deniability

8/18/2023

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 Regional grid planner/operator PJM Interconnection says that it selects proposed projects based, in part, on their "constructibility."  Other factors PJM considers are cost, and whether or not the proposal solves all the grid issues in the RFP (which PJM calls an "Open Window').

PJM's credibility goes right out the window, though, when it ignores "constructibility" issues and pretends the projects it selects are "constructible."

What is "constructibility"?  It's the likelihood of permitting problems, the ease of getting equipment and supplies, and OPPOSITION.  Let me say that again... the likelihood of opposition to a transmission proposal developing makes it less likely that the project will actually ever be built.  That's why utilities should never site new projects on old routes from abandoned projects that developed opposition.  If a transmission project was opposed at that location in the past, there's a 100% chance that opposition will develop there again.

If PJM really cared about "constructibility" it would conduct public outreach before selecting new transmission projects.  But what if PJM is simply erecting a smoke screen of "plausible deniability" so it can pretend unconstructible projects that it favors are actually viable?

And if PJM was constructing a "plausible deniability" constructibility scenario, it would rely on the most implausible claims of the utilities that have proposed the projects.

Here are some actual claims made by project proponents in their proposals to PJM.
A large scale set of projects that solve the growing congestion issues in the southern Pennsylvania/northern Virginia/Maryland/West Virginia area. The project involves strategic rebuilds, substation upgrades, and greenfield transmission lines that primarily follow existing corridor. This strategic use of existing corridor greatly reduces the risk of projects being delayed due to opposition.

Colocating the line with the existing transmission line helps mitigate viewshed issues and permitting risk.
No.  It does not.  Cutting a new corridor next to an existing one does not prevent opposition.  Those folks with existing corridors on their property don't want another, and they don't want to lose more land to an electric line that provides no benefit to them.  You can't expect the same people to make the same sacrifice over and over again for the benefit of others who never make any sacrifice.
A cultural resource professional assisted with the routing process to identify and minimize impacts to known areas with historic sensitivities.
The utility hired the right contractor who didn't find what he was paid not to find.  Why should anyone believe a paid utility consultant?  This contractor's idea of "historic" is probably not the same as yours.  If it's not on the Historic Register or preserved in some way, it is likely to be destroyed.  Opposition doesn't care about some contractor's opinion.  Opposition forms and acts based on it's own opinion.  Hiring a contractor does not increase constructibility.
There are no unique or sensitive environmental concerns or impacts with the proposed transmission line that cannot be addressed.
But you didn't ask the landowners who live there what they think and they are the ones who control opposition.  What does "addressed" mean?  It means the utility blows a lot of smoke and nonsense and plows ahead according to its own plan.  Then the utility can say it "addressed" your concerns... by telling you your concerns are stupid.
The combination of these three elements provides a comprehensive solution for the current requirements in the area.  Four documents are attached to show the progress already made on this...
Except you forgot to mention that the PA PUC already denied your application for this project the first time it was ordered by PJM.  Ordering it a second time does not change the PA PUC's mind.  And it certainly does not change the minds of the impacted landowners who created massive opposition.

But, but, but....
The Rice-Ringgold 230kV Route is the result of a robust siting and outreach process which included input from landowners, local officials, and key stakeholders on a multitude of study segments. The proposed route will be 130 feet in width, parallels existing rights-of-way including interstates, roads,railroads, and existing transmission lines for 42% of its length, and best minimizes potential impacts to the natural and human environments. The extensive Siting Study is available for review under PA PUC docket A-2017-2640200. In addition, the Proposing Entity has been able to obtain 70% of the required ROW, via option agreements or easements, for the Rice-Ringgold 230kV line route.
Oh, you mean the PA PUC docket where they denied your first permit application?  The landowners refused to go along with the transmission plan.  What good is their "input" when it consisted of a firm "no."  And speaking of "robust" how many of those landowners have you consulted about bringing this project back from the dead?  I'm going to bet it is ZERO.  They will oppose this project again.  Guaranteed.

But, but, but...
The project will use steel, monopole structures with foundations. The use of steel monopoles was determined during the siting of the Proposed Solution due to significant landowner opposition to lattice towers, particularly in agricultural areas.
That flat out never happened.  Landowners objected to the project itself, not just the tower structures.  The utility simply made up a landowner preference for monopoles.  It's sort of like asking... would you rather be shot or stabbed?
As the Proposed Solution continues to move forward, representatives will continue to be available throughout construction to answer questions from landowners.
And that stops opposition how?  Landowners have long ago stopped believing any of the lies the utility tells them.
The Peach Bottom - Doubs Route is mostly in rural areas. Northern portion of the route is located in southern Pennsylvania with rural and farmed properties and then the route heads to the west. The route is to the north and west of Westminster and then heads in a south-westerly direction to Doubs.
Rural people hate transmission at least as much (or more) than suburban/urban people.  This is because those rural farm folk depend on their land to make a living.  When portions of the land are removed from production and devoted to new transmission lines, it reduces the farm's income.  Just think... what if a transmission line in your back yard took part of your paycheck away from you every pay day?  Rural siting does not make a project more constructible.
PSE&G will coordinate all outreach, real estate-related requests, and efforts to identify environmental and non-environmental conditions affecting the properties along the proposed Project route. Working collaboratively with our internal Outreach Team, PSE&G will coordinate stakeholder engagement and public outreach with land acquisition planning. This level of collaboration will help to ensure proactive and cohesive stakeholder communications in order to better serve landowners and impacted individuals and entities. PSE&G contemplates the need for access roads and areas, as part of any lands to be acquired
 
PSEG has identified several properties that are suitable for this proposed solution. The Project Team has initiated contact with the property owners and will continue to work to acquire site control in the event of award. The Project Team will work with impacted stakeholders, municipalities, and local authorities to obtain the necessary property rights to construct and maintain its facilities. While this solution is located outside of PSE&G territory, PSE&G is committed to a transparent, timely, and efficient land rights acquisition process for any site control required. PSE&G intends to utilize the same land acquisition professionals from start to finish, ensuring landowners have the same team assigned to their negotiations throughout the process.
You get the same annoying land agent showing up unannounced at your home, and maybe your job, and calling you incessantly.  Maybe they'll even contact other family members, neighbors or friends and ask them why you're resisting.  Land agents are aggressive jerks.  Having the same one bothering you is not a benefit.

Outreach is just another word for outrageous lies and one-way information.  Any suggestions you make will be ignored.  You will be promised all sorts of stuff (but never in writing).  Reality is going to be very different.

It doesn't matter how much "information" you spew, landowners still don't want your project and will form a wave of opposition.
The greenfield transmission line between North Delta station and Northeast station will require an ROW with a width of 85 feet in residential areas and 100 feet farmland.
But it's the same project in both places!  Why take more land if it's a farm?  Do you think farmers have more to spare?  Inequitable treatment fuels opposition.
ROW will be acquired to widen the existing transmission line corridor from 150 feet to 200 feet.  Approximately 102 acres of additional ROW will be acquired, which is all privately owned.  Negotiations with private landowners will be based on fair market values determined by a third-party  appraiser. Negotiations with private landowners will be conducted by PPL ROW Agents and PPL contracted ROW agents.
That third-party appraiser?  He's just another hired utility contractor paid to find what the utility wants him to find.  He likely lives in another state and has never even set foot in your county.  His job is to research land sale prices in your county and find the lowest ones he can so the utility can offer you rock bottom and tell you it is "fair market value."  The utility only pays you for the value of the land in the easement.  It does not pay damages to the remainder.  It does not pay for decreased property value.  It does not pay for permanent loss of income.  This is nothing more than standard procedure for ROW acquisition.  There's nothing special about it that makes it more likely the project can be constructed without opposition.
PPL Electric is committed to open communications and transparency throughout the project lifecycle. As such, PPL Electric develops a project-specific Community and Outreach Plan based on the unique conditions associated with each project. To communicate clearly and transparently, PPL Electric utilizes a wide variety of strategies including, in-person meetings with local municipalities and regulators, direct mail, project websites, fact sheets, frequently asked questions, and public open houses. For example, during previous projects, PPL Electric has developed a strategic public outreach program that served as the cornerstone of project success. The program included soliciting input from, and providing timely updates to, external stakeholders from the onset of the project through to completion. This was achieved using face to face meetings, direct mailings, multiple rounds of open houses, fact sheets, press releases and an interactive website.
Sounds just like every other transmission "outreach plan."  It's a flurry of secret gladhanding meetings with public officials, a lot of lies, and a complete lack of compromise.  Landowners aren't fooled by this.  Opposition will develop.  There was never a "success."  Landowners were harmed and they hate you.
Most high-voltage transmission projects will require a state siting approval. To begin the siting approval process, Proposer plans to hold pre-application meetings with the regulatory agency to introduce Proposer and the Project, as well as confirm its understanding of the process. Shortly thereafter, Proposer will simultaneously begin collecting siting data and start its outreach efforts so that public siting input is incorporated at the earliest stages of the Project. Once the Proposer identifies a preferred site/route and at least one viable alternative site/route, Proposer will carry out environmental and detailed engineering work in order to establish a highly- detailed Project plan to support the siting applications.
Oh yes, secret meetings with their friends at the regulatory commission before they file an application and before the landowner or the public knows about it.  "The earliest stages of the project" has long passed by the time the public finds out about it and starts making suggestions for alternatives.  That's the one thing that scares these clowns the most... you finding out about their plans before they want you to know... and trying to change the project in publicly beneficial ways.  There are many ways to build transmission (or not), but the utility wants to do it THEIR way on YOUR property and they doesn't want to hear any suggestions from you.

And finally, here's the ultimate word salad about "robust public outreach" that only begins after all the important decisions have been made and the only role left for impacted landowners and the public is to comply.  This is how opposition forms.  Landowners matter!
The Company is committed to working with all interested stakeholders through a robust public outreach program to address/respond to community concerns and inform the public about the project to the greatest extent practicable. The Company believes a well-designed public outreach program can have numerous benefits, including fostering a cooperative relationship with landowners and other stakeholders, expediting the regulatory permitting process, and assisting with project development. In general, the purpose of the community outreach plan is to gain community support for the project. In the affected communities, the Company’s public outreach plan will educate the public and relevant stakeholders on specific project details to enable timely regulatory approvals and construction activities. Elements of the public outreach plan will include the following:1) Identify potential issues at an early stage by engagement with key community stakeholders at the outset; 2) Broaden the community engagement process to identify potential and relevant community benefits that can facilitate community support for the proposed project; 3) Develop a broad base of community support for the proposed project before the regulatory agencies; and 4) Develop a comprehensive administrative record documenting the community outreach process that can be presented to the regulatory agency or, in the event of a legal challenge, to the appropriate court.  The outreach plan proposes to dedicate considerable time and resources in engaging the community, and specifically the affected community during the planning process to identify highly sensitive areas that have the least amount of cultural, environmental, and social impacts on the community. The plans will reflect avoidance of impacts rather than mitigation. However, in some cases, if avoidance is not possible, then the Company will involve the community in providing appropriate and practical mitigation measures. The Company will commence its public outreach activities following project award.
Landowners will NEVER cooperate or support the transmission project.  This old public relations schtick has been tried over and over again and it is always a miserable failure that starts a wildfire of opposition that makes a transmission project unconstructible.

"Community benefits"?  What's that?  It's rewarding the larger community unaffected by the transmission project with trinkets and gifts for their cooperation.  The "community" loses nothing and makes no sacrifice.  It's all gain and no pain.  The landowner, however, takes one for the team and is not comforted at all by the new library across town.  "Community benefits" attempts to split your community into sacrificial lambs and greedy pigs.  Landowners must be compensated by law because they are losing something tangible.  "The Community" isn't compensated because it's not losing anything.  There's a reason for that.  Not all communities can be bribed to throw their neighbors under the bus.  In fact, it may actually increase opposition.

This is the reality that PJM does not want to hear.  It prefers to live in the land of lies created by the transmission companies where it can claim plausible deniability because the transmission companies filled their proposals with lies about constructibility.

Isn't it time you gave them a little reality so that they have to evaluate these projects honestly?
1 Comment

New FirstEnergy Transmission Proposal at PJM Interconnection

8/15/2023

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Here it is... all in one place.
2023_firstenergy_transmission_plan.pdf
File Size: 264 kb
File Type: pdf
Download File

If you've been looking for more information about FirstEnergy's proposal for TWO new 500kV transmission lines from northwestern West Virginia to suburban Maryland, this is all the information currently available.

Spread the word!

PJM is currently evaluating 72 transmission proposals to find the ones it thinks will work best to bring more electricity to power more data centers in Northern Virginia.  FirstEnergy's proposals oh so conveniently supply coal-fired electricity from their Ft. Martin and Harrison power stations in northern West Virginia.

PJM is expected to finish its evaluation in September and has promised to hold a special Transmission Expansion Advisory Committee Meeting in October to reveal its choices and discuss before it recommends approval from the PJM Board of Managers.  Lots of PJM activity coming up for your participation.  Keep checking back for more instructions!
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How Transmission Developers Plan To Use "Early Engagement" To Strip Landowners Of Their Rights

8/10/2023

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The Big Green Transmission fans have been spewing into every regulatory venue they can find about how "early engagement" with "communities" solves transmission opposition.  This idiotic idea even found its way into law in the Infrastructure Investment and Jobs Act (16 U.S. Code § 824p (e)(1)).
...the permit holder has made good faith efforts to engage with landowners and other stakeholders early in the applicable permitting process...
It sort of tells you everything you need to know about who is writing our new laws, doesn't it?  It's nobody that should be directing energy policy for our country.

I've asked in several places... what good is "early engagement"?  It just gives the developer more time to tick off landowners and more time for landowners to educate themselves and put together opposition. 

However, this article finally lays their scheme bare.  The purpose of "early engagement" is to find out which wheels squeak and to apply enough oil so that a squeaky wheel keeps quiet until it no longer has any rights.

The article goes on about “Powerline: The First Battle of America’s Energy War,” which is a seminal work about an epic transmission opposition battle that was waged in Minnesota in the 1970's and 80's.  It is also a "must read" book that is passed among transmission opponents.  The message opponents have taken from the book, however, is much different.  The book teaches that transmission developers and their government flunkies create various time wasting processes for opponents to participate in.  It's the same thing as giving a crying child a lollipop.  Just a distraction so they stop behavior you don't want them to engage in... like actually stopping your transmission project.  If opponents are focused on various make-work tasks or achieving promised scenarios that are dangled like carrots on sticks, they aren't forming opposition and they aren't gumming up your regulatory approvals.  If you tell landowners that maybe you can move the project off their property if they do what you direct, how many landowners will comply because they simply have no other hope?  Is separating the sheep from the herd and neutralizing them really that easy?  Apparently they all think so.
Taking the time today to listen to property owners and adjust plans in response to their concerns, they hope, will lessen the likelihood of drawn-out legal or political battles delaying the project later.

Christina Hayes, executive director of Americans for a Clean Energy Grid, said the two Minnesota utilities are following the best practice of early stakeholder engagement to avoid later potential litigation.

The third powerline was the last straw for Marla Britton.  Her and her husband’s 40-acre farm near Brainerd, Minnesota, is already framed by electrical wires on the east and south. When she learned of plans for a new project running along the north end of her property, she took action.  Britton wrote to state utility regulators and contacted the companies behind the planned Northland Reliability Project. The 180-mile line will eventually make it easier to move clean electricity between central and northern Minnesota.  Soon, a utility representative was at her doorstep to discuss her concerns and ideas for rerouting the line where it would have less impact on her and her neighbors.

“They listened to me and wrote down what I said,” Britton said. “They agreed it was way too much for my property.”
Here's the punchline:
It’s yet to be seen how Britton’s feedback will be reflected in the final route, but the interaction illustrates the type of engagement that project backers say they are aiming for with the project. Taking the time today to listen to property owners and adjust plans in response to their concerns, they hope, will lessen the likelihood of drawn-out legal or political battles delaying the project later.
If Britton keeps believing the transmission promises, she might not bother to intervene in the state permitting process.  If she doesn't intervene, she loses her right to participate in the process and to appeal it later if it doesn't go her way.

It looks like this is the apparent aim of "early engagement."  Separate the irate landowners from the herd so they don't organize.  Once isolated, promise them whatever you need to promise to make them behave.  If you promise to route it off their property perhaps they won't cause trouble, believing they are getting "special" treatment that their neighbors are not.  Maybe the transmission developer promises a bigger pay out if you keep quiet.  Whatever it is, don't expect that the transmission developer will actually keep its promise after the deadline to intervene in the permitting process expires.  Once there is no longer anything you can do to hurt them except whine that you didn't get the special treatment you were promised (but never in writing), you may be cut adrift, tossed away like so much trash.  Then the transmission company is free to proceed with its plan and there's nothing you can do to stop them.

Don't let this happen to you.
0 Comments

Game on, PJM!

8/9/2023

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I just sent the following to PJM TEAC facilitators Sami Abdulsalam and David Souder.
PJM’s Reliability Analysis presentation at the August 8, 2023 TEAC demonstrates a marked concern for routing/siting/permitting/scheduling risks of certain component segments submitted in 2022 RTEP Window 3.  I appreciate that PJM is considering these factors.  After all, what good is a transmission project that cannot be built due to opposition?

My review of the projects submitted in Window 3 finds that several of these projects are reinvention of old projects, either in whole or in part, that PJM approved years ago and then later abandoned or suspended.  Three of these historic projects are the Potomac-Appalachian Transmission Highline (now FE-23 and FE-837), the Mid-Atlantic Power Pathway (now Exelon-691), and the Independence Energy Connection (now Transource-487).  These projects have cost PJM ratepayers hundreds of millions of dollars in development and legal fees despite never being built.

No matter what reason PJM recorded for the suspension and abandonment of these three transmission projects, the fact remains that each of these projects was met with a wall of resistance from landowner groups, state/local governments, elected officials, public interest groups, and impacted communities.  Opposition to PATH, MAPP and IEC prevented approval and construction of these projects and added considerable delays to their schedule.  Entities that opposed these projects the first time around are knowledgeable and prepared to oppose them again.  The impacts of these projects, which made them objectionable in the first place, have not changed.  The only difference now is that the opposition is better educated and better prepared to win this battle.

I asked during the TEAC how PJM could receive comments from impacted communities to consider as part of their constructibility studies for the projects.  I heard from you that stakeholders could voice their concerns during TEAC meetings, as I was doing, or contact something called “Stakeholder Engagement Group.”  Neither option actually incorporates the stakeholder comment into the constructibility report outcome.

I have read some of PJM’s “constructibility reports” in the past.  The one for the Independence Energy Connection particularly stands out in my mind, as that constructibility report found significant opposition would not occur because the project was routed on “undeveloped land.”   That “undeveloped land” is prime farmland, important to its owners and the community it supports.  The owners of this “undeveloped land” are highly educated, well connected, and capable of preventing this project from being constructed as originally ordered by PJM.  In conclusion, PJM’s constructibility report was dead wrong because the entity that prepared it was woefully uninformed about transmission opposition and real conditions on the ground.  These are areas where public comment and consultation can be incorporated into the constructibility report to improve its historic lack of accuracy.

The presentation at yesterday’s TEAC mentioned “Utilization of existing ROWs and brownfield development/expansion.”  Existing ROWs include more than just transmission or utility ROWs.  New technologies and policies are opening existing transportation ROWs to new transmission infrastructure.  These ROWs are ideal for burying HVDC for the purpose of transporting electricity from one market to another, not serving communities along the way.  Window 3 seems to concentrate on importing new power supply to the data centers.  HVDC buried on transportation ROWs may be a solution supported by impacted communities. See more: https://theray.org/technology/transmission/

Expansion of existing transmission ROWs by adding parallel lines is NOT a solution to routing issues.  PJM needs to re-think this unworkable approach.  While existing transmission built in the last century may have been routed on agricultural land, aka “undeveloped land”, the land use conditions that existed when the transmission line was built in 1950 will not be the same in 2023, especially in the growing PJM region.  Many former farms have been sold and re-developed into new housing communities and other uses.  The community has built itself up around the existing transmission line, often with new homes, schools, and other expansion right up to the edge of the existing ROW.  Expanding the existing ROW cannot happen without destroying this new development.  This was one of PATH’s biggest problems in Jefferson County, West Virginia.  Housing developments had sprung up to surround existing transmission lines and expansion of the ROW would begin to destroy portions of these communities.  This problem has not changed in the 15 years since.  In fact, it’s gotten much worse.  However, FirstEnergy’s submitted projects depend on expanding these ROWs to build new lines parallel to existing ones.  While I recognize PJM does not design the routes for its projects, it still must be cognizant of the project’s shortcomings and risk in order to be successful at what it does do.

There’s a lot that PJM (and its member utilities and constructibility report contractors) do not know about the dynamics of transmission opposition.   Much can be learned from study of scholarly research on the social aspects of opposition.  It is not simply a “NIMBY” issue that can be solved by routing elsewhere.  Impacted people need to examine the problem and be involved in the creation of a solution.  PJM has historically ordered transmission and left the designated entity to approach the community with a pre-determined transmission solution and consult with them about where to put it.  This is not a choice for the impacted community and they will reject it every time.  While investigating the basis of the need for the project, the community will develop other solutions to solve the problem, such as use of existing rights-of-way, upgrading of existing lines, burying lines, allowing the market to demand new generation before building transmission, as well as other demand side solutions such as energy efficiency and distributed generation.  The designated entity and PJM have resisted any and all suggested modifications to their plans, and as a result the project never gets built.  Is PJM about building workable solutions, or spending eternity trying to foist its will on a public that doesn’t want or need it?

PJM prides itself on its “transparency”, but lacks any avenue for true stakeholder participation.  Stakeholder consultation should begin in the project planning phase so that PJM doesn’t waste time and money pursuing projects that are not constructible.  Allowing stakeholders to make comments that are never considered or acted upon is a parody of democracy.  I ask that PJM create a way to accept public comments and incorporate them into its planning, particularly for such an enormous undertaking as Window 3.  I have tried to find the “stakeholder engagement group” you suggested during the TEAC, but cannot find anything like that on PJM’s website.  I would appreciate a substantive response to this comment/suggestion, not just an acknowledgement it has been received (and ignored).
As you might have guessed, I participated in yesterday's TEAC by telephone.  It has been many years since I attended a PJM meeting or raided its free M&M dispensers (plain or peanut?).  But PJM is now at the beginning of a new initiative that makes yesterday's Project Mountaineer look like child's play.  PJM wants to import insane amounts of power from the east and the west to power new data centers in the DC-metro area.  PJM received more than 70 proposals from greedy transmission developers to make this happen.  Many of them simply recycled old projects (or parts of them) that were cancelled years ago, such as the old PATH project in Virginia, Maryland and the West Virginia eastern panhandle.  Take a quick browse through these maps to get an idea of the magnitude.

As you read above, I asked where PJM might consult with the public about some of these projects while evaluating them to see how feasible they are before we waste another 10 years and hundreds of millions trying to build something impossible like PATH or MAPP or IEC.  I was pretty much blown off and told that PJM does its own constructibility evaluations.  In other words, comments from impacted communities are not part of the process.  Because I continued to push, I was told to send a follow up email.  This is the result.

Currently, anyone concerned about a PJM proposal is welcome to make comment at PJM TEAC meetings.  You get unlimited time to speak over the phone at a PJM meeting, where you have a captive audience for your thoughts and ideas.  What a great opportunity!  All you have to do is sign up for a PJM account and register for the meeting of your choice.  Call the phone number, and when the question part arrives, push a button.  Instant audience.  Of course, hearing unlimited public comment from hundreds of concerned people at each PJM TEAC is going to make the meetings just a bit longer.  Soon, it's just going to be one long, continuous meeting where the commenters never stop making comments and the party never ends.

Or, PJM can find a constructive way to welcome and make use of public comment.

Next TEAC is September 5.  Are you in?
1 Comment

Hawley Grills Invenergy About Grain Belt Express

8/1/2023

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Everyone's a bit excited over the video that's currently circulating that shows Missouri Senator Josh Hawley grilling Invenergy representative Kelly Speakes-Backman.  No information is provided about where or when this exchange took place.  It looks like Congress, but what was the topic?
First of all, who is Kelly Speakes-Backman?  You've probably never heard of her, but I have.  She used to work for the U.S. Department of Energy in the renewable energy department.  But she was hired away from there in December 2022 to work as Invenergy's Executive Vice President of Public Affairs.  Check out her linked in profile to see her rise to chief government schmoozer for a governmental office she once worked for.  Nice connections, Kelly, such as the Director of Loans Program Office at the DOE.  This just so happens to be the same office where GBE applied for a guaranteed, taxpayer funded loan to construct its project in December of last year.  Coincidence?  What is that smell?  I think it might be the stink of regulatory capture.  Government employees are highly prized in the private sector so that they may leverage their recent relationships with former co-workers in the government to get favorable treatment for their new, private-sector employers.

First, Kelly tries to pretend that Grain Belt Express will be bringing energy to all the communities through which it passes and "keep the lights on." 

WRONG!  GBE is a high voltage direct current line that needs a very expensive DC/AC converter station to connect to our AC grid.  Only three of these will exist... one in Kansas to convert AC to DC and load it on the line, one in Missouri to convert DC to AC to serve to customers in Missouri, and one in eastern Illinois to convert DC to AC and load it onto lines headed for the east coast.  Currently, there is only one customer for less than 5% of the line's capacity and that customer is paying less than it costs GBE to provide the service.   Because Grain Belt Express is a MERCHANT transmission project, it can only sell its transmission service to voluntary customers at market based rates.  Nobody in Missouri will be getting electricity from GBE unless they sign a contract with GBE to buy transmission, along with a separate contract with a generator in Kansas to supply the energy that would be transmitted on the line.

Kelly also tries to blather on about how Invenergy is all about "community engagement" and forming relationships with the landowners it crosses.  Senator Hawley isn't buying that for one second... he knows GBE is legally condemning the land it needs for its project.

Kelly doesn't seem to really know much at all about Grain Belt Express, except she tries to blow a lot of smoke around the room pretending she does.

Of course, Hawley doesn't seem to know much about GBE either, so the discussion kind of reminded me of Dumb and Dumber.
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If he did, he'd be asking Kelly about GBE's application to her former co-workers at DOE for a guaranteed loan for up to 80% of GBE's $5 BILLION dollar cost.  That's a taxpayer guaranteed $4B loan to build a project that doesn't have enough customers to make revenue to repay the loan.

That's exactly what happened with Solyndra, when DOE loaned the company $500M to build a solar factory based on bogus contracts.   DOE employees said they were under enormous political pressure to approve the loan and not look too closely at Solyndra's contracts with fictional customers.  There never were any customers for Solyndra, and the company went bankrupt after spending all that taxpayer money building a factory that never produced anything.

The parallels between GBE and Solyndra are stunning.  GBE is in line to become Solyndra 2.0, only this time taxpayers stand to lose $4 BILLION, not just $500 Million.  That's 8 times the loss!

Maybe Senator Hawley should open an investigation into what's going on between Invenergy and the DOE regarding a $4B loan guaranteed by taxpayers so he could prevent the next Solyndra.

Publicly arguing with Kelly makes great theater, but ultimately it doesn't solve anything.  I'm sure we'd all love it more if Senator Hawley stepped up to take action on the Grain Belt Express issue.
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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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