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Wishful Thinking Won't Get Transmission Built

1/16/2023

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

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

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

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

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

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

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

1/13/2023

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

The Court found that Grain Belt's notices to the landowners did not disclose the exact location of the easement area; did not give a description of all of Grain Belt's proposed uses of the land; and that Grain Belt's required appraisal of the land omitted a significant portion of the easement rights sought by Grain Belt and also omitted a portion of the owner's land from consideration.
It is therefore the ORDER of this Court that Plaintiffs Petition in Eminent Domain is DISMISSED without prejudice. The Court, pursuant to the requirements in Section 523.256 RSMo, orders Plaintiff to reimburse the owners for their reasonable attorney's fees
and costs incurred with respect to this condemnation proceeding. Defendants may file appropriate motions requesting the same.
You can read the Court's Findings of Fact and Conclusions of Law here:
monroe_co_gbe_findings.pdf
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The Court found Grain Belt's notices to the landowners did not meet the requirements of Missouri law because they never mentioned "ingress and egress" rights over the owner's land outside the easement on which GBE wanted to construct roads, crossings and culverts, and install gates.  The ingress/egress rights were mentioned for the first time in the condemnation petition, therefore the landowners were not given adequate notice. 

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

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

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

1/5/2023

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

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

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

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

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

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

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

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

Shame on you, FirstEnergy!

And shame on you, FERC, for trusting an admitted liar to tell you the truth in the future.  Obviously FirstEnergy doesn't fear FERC, only jail time.
liar_settlement.pdf
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Grain Belt Express Wants a Taxpayer Handout

12/23/2022

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Or maybe we should call this "Solyndra 2.0"?

A week ago, the U.S. Department of Energy published a notice in the Federal Register entitled, "Notice of Intent To Prepare an Environmental Impact Statement for the Grain Belt Express Transmission Line Project."

You can read the whole thing here, or see the less technical version on GBE's brand new website.

To summarize, GBE has applied for a federal loan guarantee to build "Phase 1" of its project.  This taxpayer-funded gravy train is administered by the DOE, and because it now involves the federal government in the GBE project, the government is required to conduct an Environmental Impact Study under federal law (National Environmental Policy Act, or NEPA).
Title XVII of the Energy Policy Act of 2005 (EPAct) established a federal loan guarantee program for certain projects that employ innovative technologies. EPAct authorizes the Secretary of Energy to make loan guarantees available for those projects.  Grain Belt Express, LLC (Applicant), has applied for a loan guarantee pursuant to the DOE Renewable Energy Project and Efficient Energy Projects Solicitation (Solicitation Number: DE-SOL-0007154) under Title XVII, Innovative Energy Loan Guarantee Program, authorized by the EPAct. The primary goal of the program is to finance projects and facilities in the United States that employ innovative and renewable or efficient energy technologies that avoid, reduce, or sequester anthropogenic emission of greenhouse gases (GHGs).
When did this happen, you may wonder?  Nobody knows.  DOE conducts its guaranteed loans of taxpayer dollars in complete secrecy.  You don't get to comment about that, but they do have to let you comment about the environmental effects of GBE because of NEPA.

But I'm much more concerned about the federal government "loaning" GBE billions of dollars to construct a project that doesn't have an adequate revenue stream to pay back the loan.  What kind of a government geek thought this would be a good idea?  What kind of due diligence have they performed?  Doesn't sound like it was much... and that's how Solyndra happened.  The government loaned taxpayer funds to a company it didn't really investigate and the company went belly-up before repaying the loan.  That means that the taxpayers were never repaid.  But Solyndra lived high on the hog on taxpayer funds before the bill came due.  All that money... gone with the wind simply because some government functionary was lazy or under political pressure to approve a loan that any rational banker would run away from.  And here's another worry... what if GBE also has applied for a taxpayer-funded "capacity contract" from the DOE?  In that instance, DOE would pay GBE for its project (although it wouldn't actually USE it) for a period of 40 years.  So, what if GBE repays the taxpayer loan with taxpayer capacity contract funds?  Does that mean that we would repay the loan we made to GBE?  This is the epitome of bloated government waste.  Just throw around a bunch of taxpayer funds and "clean energy" will magically happen!  Or  maybe a bunch of well-connected rich guys will simply fill their pockets and zoom off into the sunset.  That's probably more like it!

Meanwhile, the DOE must evaluate the environmental effects of GBE, and it wants to do it in record time.

The first step of this process is what they call "scoping."  The scoping process collects public comment and uses that to set the parameters of what will be studied.  They want to hear your thoughts on
Potential impacts on resources include, but are not limited to, impacts (whether beneficial or adverse; short term or long term) on air quality and GHG emissions; soils and paleontological resources; water resources, including surface and groundwater and floodplains; vegetation, wildlife, and special-status species; land use and recreation; socioeconomics and environmental justice; public health and safety; cultural resources and Native American traditional values; transportation; visual resources; and noise.
And DOE plans to gather your comments before the end of February, 2023.  You may comment:
LPO will hold six public scoping meetings for the project, four in-person and two virtual meetings, at the following dates and times (Central Time). Registration for the virtual public meetings may be completed at the following web links:


• Wednesday, January 25, 2023, 11:30 a.m.-1 p.m., virtual meeting on Zoom ( https://us06web.zoom.us/​webinar/​register/​WN_​NOQzgumNTpOAIL5UoLVIeA)
• Thursday, January 26, 2023, 5 p.m.- 6:30 p.m., virtual meeting on Zoom ( https://us06web.zoom.us/​webinar/​register/​WN_​D619NGe1TGqMH0fcHx5SSA)
  • Tuesday, January 31, 2023, 11 a.m.-1 p.m. and 4 p.m.-6 p.m., Dodge House Hotel and Convention Center, 2408 W Wyatt Earp Blvd., Dodge City, KS 67801
• Tuesday, January 31, 2023, 11 a.m.-1 p.m. and 4 p.m.-6 p.m., Municipal Auditorium, 201 W Rollins St., Moberly, MO 65270
  • Thursday, February 2, 2023, 11 a.m.-1 p.m. and 4 p.m.-6 p.m. Corinthians Hill Event Center, 464 NE 20 Ave., Great Bend, KS 67530
  • Thursday, February 2, 2023, 11 a.m.-1 p.m. and 4 p.m.-6 p.m., Fairview Golf Course, 3302 Pacific St., St. Joseph, MO 64507


All meetings are open to the public and free to attend.
DOE will gather this information and then present a number of "alternatives" that they will study.  There are currently only two alternatives -- to build the project as proposed, or to not build the project at all.  There is no middle ground, such as building the project buried on existing highway or rail rights of way so that it doesn't affect the environment at all, certainly to a much lesser degree.  However, the DOE is also asking for your thoughts on possible alternatives that they have not yet thought of (such as burial on existing ROWs).

Once DOE has its alternatives and study parameters, it will study how each alternative effects the environment, and publish a draft study (estimated to be September 2023).  The public will once again be asked to comment on the draft study to tell DOE what they got wrong, or what they excluded.  DOE will take those comments and revise its study to produce a final Environmental Impact Study (estimated to be July 2024).  Once DOE has the final study, it will make a decision on which alternative to pursue no sooner than 30 days after publication.

Seems kind of quick, doesn't it?  Especially the scoping period, which begins just one short month after announcing the process on December 16.  As if you don't already have enough to do with the holidays and participating in your own state's public utility commission  hearings on GBE.  Now you just got a whole bunch more work dumped on you.  If you can't keep up, then DOE doesn't have to consider your comments and will just give GBE what it wants -- billions of your tax dollars.

I'm not going to go into a long narrative of what you should do here.  Please check in with your group leadership to see what the plan is. 

Ho Ho Ho from greedy GBE, who doesn't seem to have enough customers to pay for its project and now wants YOU to pay for it.  Santa is putting coal in GBE's stocking this year.
2 Comments

Urban Special Interest Groups Pretend to Represent Rural Landowners

12/23/2022

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It takes real audacity to claim to speak for people you've never met, never talked with, and know absolutely nothing about.  But that never stopped a well-funded, urban, special interest group before.  They think they know everything about everything because they wish it to be so.

It's almost comical -- a bunch of urban special interest groups got together and wrote a letter to their oracle, Joe Biden, and told him what rural landowners affected by new transmission want.
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Now more than ever, we need strong environmental review and public engagement processes to avoid harming communities while effectively speeding up development of much-needed infrastructure to enable a rapid clean energy transition.
"Public engagement".  What does that mean?  Simply giving landowners "notice" and allowing them to blow off steam with "input" doesn't solve the problem.
A recent study from MIT concludes that a significant hurdle in developing clean energy infrastructure projects is local opposition --and early community engagement can avoid delays or cancellations. To address this major slow down and to ensure that our new transmission is developed in an equitable manner, we must work with the very communities that our infrastructure is supposed to serve and not against them.
But yet these special interest groups are working against rural landowners by creating some "public engagement" fantasy that did not "engage" the landowners in the first place.  Hypocrite much?

About that MIT study... it's pure garbage.  The study makes  up a completely unsupported conclusion for why certain transmission line projects studied were abandoned:
  1. Public Participation: Local residents (their legislative representatives and public agencies) oppose projects in which they believe their worries are not adequately being attended to by the developer.

These projects were stopped because of opposition.  There is no education deficit that can quell opposition by "adequately attending to worries."  The only thing that stops opposition is to stop bad projects.  Landowners impacted by new electric transmission towers and lines across their working land and adjacent to their homes aren't deterred from opposition by being told that their worries are unfounded.  That just makes the landowners even more angry and determined to stop the project.

The only thing that can end opposition to a transmission project is not to engage the landowners in the first instance.  If you don't site overhead transmission across private property, then landowner opposition never forms.  Planning new projects buried on existing highway or rail rights of way, or underwater, is a guarantee that no landowners are affected in the first place.

Of course, a bunch of special interests that live in the big cities and think they should be provided with "clean energy" produced elsewhere have absolutely no idea what people that live and work in rural areas want.  If the cities want "clean energy" then they need to find ways to produce it themselves.  Build a new nuclear power plant in your own city.  It is not the responsibility of rural America to provide for all your needs.  Self-sufficiency is highly valued in rural areas.  You should try it sometime because rural folks will continue to resist.
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FERC Engages in Political and Special Interest Narrative Building

12/17/2022

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At the end of the week, the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking entitled, "Applications for Permits to Site Interstate Electric Transmission Facilities."  Yes, it's just what it sounds like.  FERC is developing rules for applying for a federal permit from the agency.  This was made possible by last year's "Bipartisan Infrastructure Act" that gave FERC permission to issue a permit for interstate transmission in the event that a state denied one.  FERC's new rules are going to guide the process for a transmission developer to usurp state authority and use federal eminent domain to site a new transmission line on your property.

The NOPR itself contains a plethora of really awful ideas, and your job is to comment on them and advocate for something different.  Yes, it's a federal agency and you may find that daunting, but ultimately you are the one who is going to have to live within these rules so don't give up your only opportunity to say your piece.

One of FERC's absolutely ABSURD ideas is to allow a developer to engage in a pre-application process at FERC at the same time as it is engaged in a state application process for the project.  FERC reasons:
"The purpose of the pre-filing process is to facilitate maximum participation from all stakeholders to provide them with an opportunity to present their views and recommendations with respect to the environmental impacts of the facilities early in the planning stages of the proposed facilities."
FERC thinks you have nothing better to do than "participate" in its permitting process while you are also engaged in a state permitting process.  Double your time, double your effort, double your money!  And while we're doubling things here, it also costs the transmission developer double their costs to participate in two different permitting processes at the same time.  In many RTO-planned, cost allocated transmission projects, ratepayers (that's you) pick up the tab for all the permitting costs.  So this double permitting process costs you double!  The epitome of waste here is that if the transmission project is approved by the state (which it is in a vast number of instances) then the FERC permitting process becomes completely unnecessary!   Instead, FERC should sit back and wait until a state either approves or denies a project before giving transmission developers the green light to proceed with the FERC application.  It should wait until it knows whether the FERC process is even necessary before spending all that time and money on it.  FERC has not given a plausible reason for having to run these two permitting processes simultaneously.

Another FERC brain fart is titled "Eminent Domain Authority and Applicant Efforts to Engage with Landowners and Other Stakeholders."  This proposed rule governs how the applicant will "engage" with you.  FERC suggests:
...an applicant may demonstrate that it has met the statutory good faith efforts standard by complying with an Applicant Code of Conduct in its communications with affected landowners.
FERC purports that if a transmission developer files a "Code of Conduct" and promises to abide by it, then so it shall.  There is no enforcement, no investigation, no public forum to keep the developer honest.  FERC just takes the developer's word for it that you are treated well and that you will be all aboard for the transmission project if you are only "engaged with" early on.  We all know that transmission developer "codes" are not worth the paper they are written on.  They are nothing but a fig leaf.  There is no place to report a violation of the "code" and absolutely no enforcement of it.  This is utter garbage and serves no useful purpose.  If FERC needs to ensure that landowners are treated fairly, it needs to roll up its sleeves and get its hands dirty actually engaging with the public in an effort to keep the developer honest.

There's also some "environmental justice" box checking going on here.  An applicant must provide an Environmental Justice Public Engagement Plan.  This plan requires the developer to "meaningfully engage with potentially affected environmental justice communities."  What is an environmental justice community?
...the term “environmental justice community” includes disadvantaged communities that have been historically marginalized and overburdened by pollution. The term also includes, but may not be limited to, minority populations, low-income populations, or indigenous peoples.
These communities are rarely found along transmission routes in rural areas that all the interstate transmission projects traverse.  Despite the word "justice", it is not dispensed equally to all persons.  Are you an environmental justice community if you already have a transmission line or two (or a gas or oil pipeline, or a highway, or other visually polluting infrastructure) sited across your property?  We should definitely find out because they don't have a real definition here.

Perhaps the best part of this train wreck are the "concurrences" of Commissioners Danly and Christie that are attached at the end of the document.  Despite voting for this rulemaking, they both manage to find ways to criticize it.

Commissioner Danly wonders:
... whether the proposed rule constitutes good policy, such as, for example, whether it will be beneficial in determining whether to site electric transmission projects when the states have not done so, or whether the rule will tend to ensure almost nothing is ever sited.
But Commissioner Christie sums it up like this:
State regulators are much better prepared to deal with that myriad of local concerns, including concerns over routing and costs, than FERC. Furthermore, state processes are far more convenient and user-friendly than processes at FERC, if for no other reason than geographic proximity. So, waiting one full year to allow a state to “go first” and make its decision makes sense for a lot of reasons. One obvious reason is that if the line is truly needed, the state regulators will in all likelihood approve it, and no FERC staff time and resources will need to be expended at all. The whole mantra that goes “the states are blocking needed transmission all over the country!” is simply a political and special-interest narrative. The steadily mounting increases over the past decade in transmission rate base nationally, with concomitant skyrocketing increases in transmission costs to consumers, blows up the narrative that states are systemically blocking needed transmission lines. Contrary to the narrative, states need more authority to scrutinize transmission projects for need and prudence of cost, not less, to protect consumers.
Ignorant special interests writing legislation that they believe will help them fill their pockets is never smart.  It always results in dumb stuff like this.

If you want to be involved in a group effort to comment on this Rulemaking, let me know.

Happy Holidays!  Krampus had delivered a bulging bag of evil for good little landowners this year while they're distracted with family activities.  More to come...
2 Comments

GBE Won't Commit to its Project

12/11/2022

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If you're a person in the Grain Belt Express target zone who is currently being harangued and pursued to sign an easement, or perhaps a utility regulator being told that GBE is a sure thing, you might find this interesting.

About a month ago, Invenergy filed with FERC a "Request of Grain Belt Express LLC for Prospective Tariff Waiver, Expedited Action, and Shortened Comment Period."

The gist of this filing is that MISO has tendered an interconnection agreement for GBE and Invenergy only has 60 days to negotiate and sign it, or to file it unsigned.  GBE's negotiation period ends December 31.  GBE wants FERC to grant a waiver so that Invenergy can wait until some time next year to sign the agreement and make two large deposits for the transmission upgrades its GBE project will cause.

GBE has applied at MISO for both interconnection of its project and injection rights.  Interconnection and injection rights are two separate things.  Interconnection allows GBE to connect to MISO's existing system, but injection rights allows GBE to inject a certain amount of electricity into MISO at the interconnection site.  Both the interconnection and injection rights require MISO study to identify and plan any upgrades to the system that they will cause.  Interconnection and injection rights run on two different study tracks.  MISO determined that GBE's interconnection will require approximately $144,248,000 worth of work to the existing system to support the interconnection.  However, MISO has not yet completed the study that will determine the cost of the injection rights work, although GBE estimates it will be an additional more than $177 million.  GBE wants to know the injection rights number before it negotiates and signs the interconnection agreement, because once it signs the agreement it is obligated to make non-refundable deposits totaling approximately $77 million before it knows the injection rights number.

Let that sink in... Invenergy doesn't want to spend money on a project without knowing its full cost.  As Invenergy puts it
Otherwise, GBX will be placed in the position of having to decide whether to commit millions of dollars in security or cash pursuant to the executed TCA before it understands its total upgrade cost exposure associated with the Injection Rights.
This would have absolutely no relevance if there was not the possibility that Invenergy would cancel this project if the injection rights end up costing too much.  If Invenergy is going to proceed with GBE no matter how much injection rights cost, then the deposits don't matter.  The deposits would only represent a loss for Invenergy if it cancelled the project.

Apparently Invenergy is not going to know whether its project is going to proceed until at least the end of April, 2023.  But yet there are reports that Invenergy is filing eminent domain suits and taking landowners to court.  And, of course, Invenergy is pushing state regulators to approve its project in a big ol' hurry, even though Invenergy wants another 5 months to decide if its even going to proceed with interconnection to the existing transmission system (and that's if MISO's study gets completed on time, which in these days of clogged interconnection queues may not happen). 

Invenergy says having to put up cash as surety for its project is "too risky" for the company but taking your land via eminent domain isn't risky at all for Invenergy.  It's all about who bears the real risk, isn't it?
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The Fossil Fuel Phantom

12/5/2022

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I laughed so loud when reading this op ed that it shot to the top of the blog pile.  Have you ever read a more ridiculous and contradictory notion?
Data shows the public, including communities hosting wind and solar projects, approve of renewables and want more of them.
But then...
Unfortunately, proposed wind and solar projects have faced an avalanche of local opposition in recent years...
If local folks love living in industrial energy generation facilities so much, why do they oppose them so vehemently?

It's the Fossil Fuel Phantom, of course!  Ya know how the "clean energy now" folks were so quick to accuse anyone who questioned their unicorn utopia of being on the fossil fuel payroll?  It used to be the Koch brothers purportedly sending me checks to think logical thoughts and give voice to them on the internet, but then they died.  So now the clean energy nutbags have invented a Fossil Fuel Phantom to take their place (and send me phantom checks).  This new entity is indeed a phantom because nobody can actually point to a real person or company who is responsible for these phantom payments.  It's just concocted out of thin air because "clean energy now" needs a boogy man to oppose its unicorn utopia ideas.  It goes like this:
Unfortunately, proposed wind and solar projects have faced an avalanche of local opposition in recent years, often based on misinformation or outright fallacies. Opposition groups, following a playbook organized by a fossil-funded think tank, spread fallacies about impacts to wildlife, property values, health, and more, sowing fear and anger.
All the "proof" of the existence of a Fossil Fuel Phantom is questionable in itself.  There is no proof.  Just a bunch of accusations and mysterious "associations" drawn where there is no actual evidence.
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So what's the unicorn solution?  "Permitting Reform."  They're really unclear about how this should go, but it might involve increased federal power to simply mow down local opposition and usurp permitting authority.  It may also include some phantom "fact checker" or truth police that would attempt to shape public opinion to believe only "clean energy" propaganda. 

How in the world is that supposed to fix things?  These folks live in a dream world, drunk on their own power.  Real people will continue to resist being forced into industrial energy generation installations.  The more "big government" tries to shut down their sharing of information, the deeper underground it goes.  They seem to forget that they are trying to perpetrate this on rural America, where local community information is shared at the grain elevator, not on Fakebook.  They seem to forget that rural Minnesota farmers carried out a legendary transmission opposition campaign in the 1970's using telephones, snail mail, and local meetings to communicate.  Nobody is afraid of the thought police.  The federal usurpation of local permitting is also not going to work.  It's just going to bog things down while the fight becomes about permitting in general, not actually building anything.  And it's probably not quite legal.  If "clean energy" wants to spend all its time and money in courtrooms, instead of building things, this is indeed the path forward.

However, the only thing that will work to speed up building "clean energy now" is to stop bothering people.  Stop trying to take what they worked for.  Stop trying to force your unicorn utopia on people who don't want it. 

Because they really don't.  Phantoms don't exist and most people don't believe in them.  Go build your crap somewhere else, like in the backyard of the dolt who wrote that op ed in Forbes.
2 Comments

Taxpayer Funded Astroturf

11/17/2022

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No, I'm not talking about fake grass.  I'm talking about the other kind of astroturf.
Astroturfing is the practice of masking the sponsors of a message or organization (e.g., political, advertising, religious or public relations) to make it appear as though it originates from and is supported by grassroots participants. It is a practice intended to give the statements or organizations credibility by withholding information about the source's financial connection. The term astroturfing is derived from AstroTurf, a brand of synthetic carpeting designed to resemble natural grass, as a play on the word "grassroots". The implication behind the use of the term is that instead of a "true" or "natural" grassroots effort behind the activity in question, there is a "fake" or "artificial" appearance of support.
Astroturfing has been used for decades to create artificial support for unpopular proposals or projects.  The energy industry loves it.  In the context of new electric transmission projects, utilities have deployed astroturfing to create "coalitions" of project supporters.  In exchange for labor and supply contracts, "donations" and other quid pro arrangements, unions, chambers of commerce, social and civic organizations, local businesses and others will sing the praises of the project in the media and at regulatory and other project meetings and hearings.  A group's enthusiastic participation in astroturfing is closely correlated to their proximity to the project.  The less impact the project has on the group/individual, the more likely they are to accept utility gifts to participate in astroturfing.

And now the federal government wants to get into the act and use your tax dollars to buy unaffected, fake "advocates" that are supposed to outweigh, outshout, and outrule your objections to the project on your land.

This rather long article says that up to 39 million acres are needed for new generation and transmission infrastructure in just 11 western states.  Just 11 states, out of 50!  It goes on to opine about how our government will attempt to take control of that much privately-owned land. 
“Local community opposition is real and will likely continue to make siting and permitting a challenge,” but might be addressable, said University of Notre Dame Associate Professor of Sustainable Energy Policy Emily Grubert, who has worked with federal agencies on related issues.

To earn a community’s trust, development proposals “should explain why a project is needed, why the community’s resources are needed, and how the community can benefit,” Grubert said. They should also “assure the community its concerns have been heard and it will be protected,” she added.

DOE’s formal Community Benefits Agreements, which are used for new infrastructure development and stipulate the benefits a developer will deliver for the community, “could also have a powerful impact on streamlining siting and permitting,” Grubert said.

“No project should go ahead without a Community Benefit Agreement to assure real benefits for the host community,” agreed NRDC’s Greene. But in many places, “political polarization has turned reasonable project development questions into obstructive, misinformation campaigns,” Greene said. “Overcoming that will take a lot of work,” he added.
Community Benefit Agreement?  What's that?  Little did you know that your federal government has been busy adapting tired, old utility astroturfing tactics as a new plan to silence you so it can build infrastructure on your land and tell the world that you "benefited" from it.

According to the DOE's Community Benefit Agreement (CBA) Toolkit, the federal government is getting involved in spreading propaganda and paying off certain "community" groups in exchange for their support of a project that only tangentially affects them but is hotly opposed in a community.  What groups does DOE propose could negotiate these agreements?
neighborhood associations, faith-based organizations, unions, environmental groups and others representing the interests of a community that will be impacted by development(s).
I don't see landowners on this list, although the landowners whose land is taken from them using eminent domain are the only group that is sacrificing something tangible to enable new energy projects.  Landowners are also the force behind transmission opposition groups.

Instead, DOE advises that communities should consider any threatening infrastructure project as an opportunity that requires the formation of an organization to take advantage of CBA payouts.  There are no requirements that the signatories to CBAs actually have to sacrifice anything at all.  Just be willing to advocate for an infrastructure project that is impacting another group or individual.
A CBA is an agreement signed by community benefit groups and a developer, identifying the community benefits a developer agrees to deliver, in return for community support of the project.
Here's a list of the things the opportunistic community "groups" should do to attract a CBA
1.  Research development proposals in their region to identify any that have the potential to offer benefits to the residents they will be operating near;
2. 
Organize a broad-based coalition of community interests and recruit stakeholder organizations;
3. 
Hold public meetings and maximize turnout with help from local leaders; and
4. 
Engage the developer with sustainable community objectives, via open dialogue as well as transparency.
But how do these unaffected community opportunists guarantee the "support" of the entire community?  They can't!  And the more eager they are to cooperate with developers, the less support they are going to get from the community at large. 

Transmission developer astroturf groups have been spectacular flops over the years.  At best, astroturf groups have amused intervenors and regulators alike with their clueless comments about how much we "need" this (or sometimes the wrong) project.  At worst, astroturf groups have visited public scorn, boycotts, and flooded phone lines on community businesses who turn on their neighbors to become project advocates.  Deployment of utility astroturf destroys trust and hurts communities, instead of helping them.  Going back to that wordy Utility Dive article:
“People, especially in smaller communities, can get very passionate, and even exchange death threats, which shows how important and undervalued trust is,” Grubert agreed.
I really hope the death threats part is exaggerated.  I've never seen that happen before, however I've also never seen the federal government get involved in what can only be called astroturfing before.  If someone is injured because the federal government has been chumming for sharks in your community, who is liable? 

The bottom line is that this plan has never worked for utilities.  It is quickly outed as a fake and the ones participating back slowly away in the face of community anger over their mutiny.  Let's think for a moment about the kinds of entities who shall act at the "groups" that sign CBAs.  Neighborhood associations have enough to do without spending time looking for "opportunities" to throw their neighbors under the bus.  Faith-based organizations (aka churches, even if saying it is no longer politically correct for some reason) are not going to get involved in such a divisive community issue.  Love thy neighbor, not stab him in the back.  Unions don't live in the community.  My experience with union advocates is that they ship in busloads of members from distant cities, hardly convincing for people who actually live there.  Environmental groups... they're always looking for a free lunch, but again, not from your community.

This plan will never work.  The ones actually impacted by the project aren't going to be distracted by a handful of colorful beads, and they aren't going to be intimidated by opportunistic sellouts.

Here's how the federal government *thinks* it's going to work:
[community] support would raise the probability of state or local government approvals for zoning variances, state permits, and other regulatory approvals.
That's the same reason transmission developers have used astroturf in the past, although it has rarely worked out to their advantage.

Our federal government is engaging in taxpayer funded astroturf.  Be on the lookout for opportunists in your own community!
1 Comment

The Two Biggest Clean Energy Lies

11/16/2022

2 Comments

 
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Gaslighting is one of today's most popular political buzzwords.  It means to manipulate someone by psychological means into questioning their own sanity.  Unfortunately, most of the clueless babies that use it incessantly have no idea what it really means, although many of them may be quite insane.

The environmental movement, which may have been a good thing 50 years ago, has grown into an entitled brat that lies constantly.  In this blog, we're going to examine the two biggest lies the "clean energy" brat tells you.  While it doesn't make me question my sanity, it can make your logic center feel like you've just eaten a bad  mushroom.

Clean Energy fills up its gas tank like this.
This summer, the Midwest faced a heightened risk of blackouts due to a supply shortfall that could’ve been filled if only a fraction of the projects stuck in limbo had been online.   Luckily, we made it through the summer without major incident, but no one should be complacent—new supply is urgently needed. Fossil fuel dead-enders complain that we’re shutting down dirty power plants too quickly. In reality, the clean energy to replace them is ready and waiting, stuck in utility bureaucracy.
Lie number one:  All the renewable energy projects waiting in regional transmission interconnection queues will deliver 24/7 at their nameplate capacity.

Nameplate capacity is the amount of energy a generator could produce if it produced at its maximum capacity.  No generator produces its nameplate capacity all the time, however, some generators are better at it than others.  Fossil fuel and nuclear generators run very close to their nameplate capacity, only being forced to shut down for repairs or maintenance.  Renewable generators, on the other hand, can only produce electricity when their fuel is available.  It's never 100% of the time.  In fact capacity factors for wind and solar average 36%, and 24.5%, respectively.  That means that wind and solar only produce their maximum capacity one quarter to one third of the time they operate.  So, even if we thought we could add 13,000 gigawatts of renewables to the grid if all interconnection requests were granted by magic today, the reality is that less than a third of that capacity would actually produce electricity.

Lie number two:  We need to build more renewables and transmission to shore up reliability.

If you want to increase reliability, you need generators that can run when called.  That means when needed, not when there is fuel available.  You cannot count on a wind turbine or solar panel to produce power at the exact moment you need it.  Storage is not yet mature enough to provide more than a brief backup.  Adding renewables will not increase reliability. 

We ARE shutting down "dirty" power plants too quickly... much quicker than renewables can backstop.  And this  creates a problem for the unicorn utopia idea that supposes that an area where renewables fail to produce enough energy to meet demand can simply "borrow" extra electricity from the renewables of another area.  What happens when those renewables are also failing to produce?  Pass the buck until you find an area with excess power.  But when all the "dirty" power plants have closed, there will be nothing but endless buck passing while you shiver in the dark eating your healthy government-issued insect protein.

The reliability crisis has been created by too many government-subsidized, unreliable renewables that put financial pressure on reliable "dirty" power plants to close.  More unreliable renewables and less reliable "dirty" power plants equals unreliable power.  Adding more unreliable sources of power isn't going to fix that.

If that doesn't sound logical to you, you may be insane.
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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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