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FirstEnergy Customer Education Community Meetings Across West Virginia This Week

10/12/2013

The Coalition for Reliable Power, the Jefferson County NAACP and The Mountain Institute are partnering to host three educational meetings for Potomac Edison and Mon Power customers across the state this week.

The meetings are a prelude to the WV Public Service Commission public comment hearings on meter reading and billing practices of the FirstEnergy affiliate companies scheduled for October 23-25.

The educational meetings are designed to:

1.    Bring you up to speed on the PSC's General Investigation.

2.    Inform you about the structure, process and participation at the public hearings.

3.    Explain a typical FirstEnergy electric bill and how you can become a proactive customer to protect yourself from future billing problems. Bring a copy of your most recent bill so you can participate in our group exercise to find out how to calculate exactly how much you should owe, and what to do when your bill isn't accurate.

4.    Provide an opportunity to ask questions and share your concerns with others who may be experiencing the same issues.

Listen in on Monday morning, October 14, at 9:45 a.m. when the Coalition's Keryn Newman will be discussing the upcoming meetings on WRNR Talk Radio.

And be sure to attend the meeting closest to you!

Charles Town, WV
October 16, 6:30 p.m., Fishermen Hall, Corner of South West and Academy streets

Morgantown, WV
October 16, 6:00 p.m., Morgantown Public Library, 373 Spruce Street

Arnoldsburg, WV
October 17, 7:00 p.m., Arnoldsburg Community Building, Arnoldsburg

See you then!

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How Bad Transmission Projects Die

10/11/2013

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This recent editorial in the Concord (NH) Monitor gives a look at the death throes of a rather tenacious merchant transmission project. Northern Pass has hung on long past the tipping point, where a prudent investor would have given up and written it off as a loss.

Just how much profit is expected from this project that its owners can continue to spend money hand over fist trying to influence necessary approvals?

As the editorial opines, "...it’s time to acknowledge the obvious: The wheels have fallen off the bus." Northern Pass is politically unpopular in New Hampshire, and there's nothing the company can do to change it, try though they may.

In recent weeks Democratic Gov. Maggie Hassan and state Senate Republican Leader Jeb Bradley have weighed in and signaled that, contrary to PSNH’s unrelenting public relations campaign and full-page newspaper ads, the Northern Pass is not a done deal.

Still, Northern Pass persists, like Rumplestiltskin having a tantrum. "Support Clean Energy" is just greenwashing of the real truth, which goes more like this: "Support Transmission Owner Profits." Of course, the latter just doesn't have the same ring to it, does it?

There has also been some clear evidence in the past week that nearly all the Northern Pass supporters are those with a direct financial interest, including those at the Department of Energy hearing in Concord wearing “Support Clean Energy – Support Northern Pass” T-shirts. One estimate of the audience at the Sept. 24 hearing in Plymouth was 650 opposed to Northern Pass, eight in support.

When it couldn't convince the people of New Hampshire to willingly drink its koolaid, Northern Pass resorted to intimidation and bullying, and when that didn't work, it was time to simply create an appearance of public support, hoping it would be enough to convince regulators.

Northern Pass offered only bogus informational sessions, with a police presence at the door and no unscripted questions or comments allowed. Citizens were ushered out the door if there was even a hint of skepticism on their lips, and the follow-up was always the same boilerplate letter to the editor from Northern Pass, thanking the locality for the chance to “clear up any misconceptions you may have had about the project.

Ultimately, these tactics don't work. The public wants Northern Pass to bury the line, or not build it at all. Of course, burying the line will eat up all Northern Pass's profits.

This is the lesson to be learned about imported renewables. They're not cost effective and, ultimately, merchant business plans that rely on importing renewables long distance via overhead transmission lines must fail. Localized, small-scale, sustainable renewables are more cost effective and widely supported by the public.

It's time to kill this project for good.

2 Comments

AEP, Wild Animals, Eminent Domain and Cyber Stalking

10/9/2013

6 Comments

Looks like one of those "what doesn't belong" puzzles, doesn't it? Unfortunately, it's not.

This story comes from Gentry, Arkansas, home to the Wild Wilderness Drive Through Safari. AEP's engineer drew a transmission line through a portion of the safari on his power line routing etch-a-sketch. Perhaps the engineer didn't understand that a drive through safari means that there are wild animals roaming loose through the area? Or maybe he just doesn't care. After all, he's not the one who may be eaten by a lion while constructing this project.

The people of Gentry have taken up the fight to save or replace the portion of the safari that will be made useless by the new 345kV power line running through it. See their website here.

AEP says they can't move the power line out of the park because the route has already been approved by the PSC. Instead, they are dragging the safari owner (a former AEP employee who didn't initially object to the route for fear of retaliation) through expensive and contentious eminent domain proceedings that will exceed the cost to AEP of simply filing a revised route at the Arkansas Public Service Commission. It's pure and classic utility behemoth stupidity, where the tail regularly wags the dog.

Instead, AEP is trying to fix things through intimidation and censorship. Local media has been avoiding this story because they also fear retaliation from AEP. Hey... AEP... censor this... :-)

In addition to efforts to effect a media blackout, AEP has been cyber stalking the community members leading the movement to save Safari 4. One of them recently found this notification when logging into her Linked In account.

There's no reason a "Manager of Public Relations and Communications" at AEP would be looking at this woman's profile, except for the fact that she started a petition to save the Safari. Why, AEP, WHY? Why are you cyber-creeping on this woman? Planning to use her professional information for future intimidation? Or is AEP's manager just some kind of random cyber-creep doing his dirty deeds on company time and with company equipment?

Can't you just see the inter-office memo that may have gone out last week?

To:            All AEP Transmission Employees
From:        Nick Akins, CEO
Subject:    Cyber-stalking Opponents of Our Projects

It has come to my attention that some of you have been gathering information for our AEP transmission project opponent dossiers while signed in to your personal Linked In accounts that bear your job title and AEP's logo. Please be aware that your profile views show up on the opponents Linked In pages! In the future, please make up a fake Linked In profile to use for AEP-authorized cyber-stalking. I suggest using the name Neil Peart, drummer for the band Rush. He's way, way cool and I want to be just like him when I grow up!

Remember: Safety and Transparency First!

Embarrassed yet, AEP?

You should be. What do you think the jury hearing the safari eminent domain case next week is going to think of your heavy-handed tactics?

6 Comments

Kansas Landowners Fighting For Their Heritage Against Regulators and Texas Wind Speculators

10/6/2013

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This is Thomas Stallbaumer. He and his ancestors have been stewards of this land in Nemeha County, Kansas, since 1854. He plans to eventually hand the care of this land over to his children, who plan to hand it to their children in turn. This picture was taken by his daughter, Kayla, as he gazed over land that has been virtually unchanged since his grandfather built a home here more than 150 years ago.

But now a company from Texas wants to build a high voltage transmission line less than a thousand feet from Stallbaumer's property. This is what he will be looking at in the future while relaxing on his swing, if Clean Line Energy Partners gets its way.

That's hardly a fair reward for a lifetime of hard work and dedication to the preservation of this land. The electricity to be carried by the proposed transmission towers is being touted as "clean" renewable energy for "eastern states." Next time you easterners flip the switch to waste some of your "clean" energy from Kansas wind farms, remember Thomas Stallbaumer, sitting on his swing and wondering why Kansas regulators and Clean Line Energy Partners don't know the difference between energy that is merely renewable, and energy that is sustainable.

"Sustainable energy is the sustainable provision of energy that meets the needs of the present without compromising the ability of future generations to meet their needs."

Renewable energy, as defined by Clean Line Energy Partners, is energy that is produced by a renewable source, even if production and delivery of that energy causes permanent harm to humans, animals, and businesses, and removes sustainable farmland from production...forever. Clean Line Energy Partners' unsustainable energy practices force regulators to make a conscious choice of who must sacrifice so that others may benefit. Sustainable energy requires no sacrifice.

These cheerful people are the Kansas Corporation Commissioners who will be presiding over an evidentiary hearing this week, where Clean Line Energy Partners will be spinning a web of lies and justifications for its project, and asking these people to silence the objections of Thomas Stallbaumer, and other landowners just like him all across Kansas.

In 2011, the KCC approved the power of eminent domain for a project that had no customers, proclaiming it "needed." The Commission bought Clean Line's illogical contentions without performing even perfunctory examination of their validity. None of the Kansans who would eventually be expected to sacrifice for this project were notified or allowed to participate in that hearing.

This year, Clean Line was back with another application, this time for a route meandering across the state, from southwest to northeast. The only "notice" some affected landowners received occurred at a very late date, in some instances AFTER the deadline to file testimony that had already been set by the KCC. The "notice" also misinformed landowners of their legal rights to participate in a hearing that could result in the condemnation of their real property. Further inquiry at the KCC produced more misinformation, with landowners being told that they must hire an attorney to intervene in the case on their behalf.

And the legal errors continue. Last week, pro se intervenors were prohibited from filing testimony because the deadline for testimony had passed nearly two months prior, weeks before the legal deadline to intervene. Read the direct testimony of Thomas's son, Matthew, that was filed before the Order denying it. I dare you to forget Matthew's testimony after reading it and looking at the exhibits. Intervenors were also told that they would not be permitted to participate in cross-examination, submit exhibits or even call witnesses. Intervenors will be limited to making opening statements and filing post-hearing briefs. In essence, intervenors are now being limited to meaningless "participation" whereby they will not be allowed to submit any evidence that may contradict Clean Line, nor allowed to even question Clean Line's evidence. This is not due process. This is not justice.

The KCC is in a big hurry to make a decision on this case within an arbitrary 120-day deadline. They have been hurried along by aggressive Clean Line attorneys who have been doing their best to ban Kansans from the proceeding. What's the hurry on a project that has no customers and is not needed for reliability or market efficiency reasons? Why must this project be rushed through approvals in Kansas to such an extent that the citizens are stripped of their right to participate in a legal process that could take their property?

If the KCC and Clean Line thought a quick process would avoid scrutiny, they are mistaken. In fact, this travesty of justice has attracted nationwide attention, and will continue to do so this week as the case is heard.

Check back here for more landowner stories and updates on hearing progress.

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Citizens' Groups Host Potomac Edison Customer Meeting Oct. 16

10/2/2013

3 Comments

LET’S GIVE THE PSC AN EARFUL ON ELECTRIC BILLS in Advance of PSC “Public Comment” on Meter-reading, Billing Practices!

The West Virginia Public Service Commission has announced “public comment” hearings will be held in Shepherdstown Oct. 23-24 and in Fairmont Oct. 24-25, to give citizens a chance to speak about problems they have been having with their electric bills.

We are asking ratepayers to turn out in force to hold Potomac Edison and Mon Power accountable for their failure to read meters every other month – as required by the PSC – and the resulting problems ratepayers have had with bills.

But first we are asking citizens to attend our meeting, to hear the problems that the PSC has turned up in its general investigation of FirstEnergy (the owner of the two utilities), the explanations and excuses being offered by the company, and how ratepayers can use their own bills to identify problems.

Two meetings, you say? Why is that necessary?

Because the PSC has decided that before it listens to any citizens about their problems, the citizens first have to wait through an hour-long presentation by the utilities. We want ratepayers to have the knowledge to decide for themselves if the presentation provides answers – or excuses.

Our training meeting will begin at 6:30 p.m. (doors open at 6) at Fisherman’s Hall in Charles Town. We will explain what the investigation has uncovered so far, go over a sample electric bill and show how you can spot the problems you have experienced, and invite meeting participants to identify any new problems that have come up. For instance, there have been reports that Potomac Edison has been contacting some long-time customers and requiring a security deposit, even when the customers have been prompt in their payments. Or perhaps you're still having problems with too many estimated bills? Maybe you're one of the customers whose current bills are being over-estimated based on prior year incorrect data?

We will give ratepayers information they can use to prepare to speak at the PSC hearing.

Where:     Fisherman’s Hall
                Corner of S. West and Academy streets
                Charles Town, WV

When:       6:30 p.m. Wednesday, Oct. 16th (doors open                 at 6 p.m.)

Sponsors: Jefferson County NAACP
                The Coalition for Reliable Power

Please bring your most recent electric bill for use in our electric bill interpretation group exercise.

See you then!

Download a meeting flier to share or post

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"America's" Power Plan Greenwashes Transmission Profits - No Actual "Americans" Involved

10/1/2013

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Big coal, big gas, big tobacco, big pharma, big wind, big green... what do they all have in common? A desire to control your thoughts and actions to increase their own financial gain.

Now big wind has joined with big green to push an agenda they have dubbed "America's Power Plan."

What's the surest way to tell you're the victim of propaganda? Use of the word "America" as a shroud to hide financial or political goals and make you think that everyone else is on board with it. It's deployment of the most classic propaganda devices in an attempt to control you. Just say no.

"America's" Power Plan has been developed by environmental groups and transmission developers to inform the public what landowners and consumers want in an attempt to influence energy policy. No actual landowners or consumers were consulted in the creation of this "plan." "America's" Power Plan doesn't represent the plan of "America." It's simply a vehicle for environmental group leadership to check a few renewable energy boxes and for transmission developers to make money. Lots of it.

This farce has been perpetrated by funding from the Energy Foundation, which is a shady front group whose own source of funds is unclear. What is clear, however, is how much this "foundation" meddles in both foreign and domestic policy in order to meet goals that may not be shared by "America." They've got plenty of money to give away to groups who agree to do their bidding, including the creators of "America's" Power Plan.

The greenwashers leading the pack here are the NRDC (Natural Resources Defense Council). Stop supporting this organization. It stopped listening to the public a long, long time ago and now merely exists inside its own little political echo chamber where its well-paid employees tell themselves that greenwashing greedy corporate initiatives that may not be in the best interest of "America" is "saving the planet." After all, their big salaries are paid for by the very energy interests whose initiatives they facilitate with their support and "green" promotion.

And here's NRDC's gushing praise of their own big lie. NRDC insists that their plan for siting "120 megawatt-miles" (that's enough to almost completely replace all existing transmission) of new transmission at a cost of "$6B per year until 2050" (that's $220 Billion dollars of electric ratepayer debt) will make ranchers and farmers see the light and welcome the destruction of their businesses by new transmission lines.

The siting plan, entitled "Finding a Home for Renewable Energy and Transmission" (aww, sounds like a huggable pound puppy who just wants your love, doesn't it?) pretends that landowners are on board with this "plan." However, no actual landowners or consumer groups were consulted in its development, despite the plan's claim that:

"Reform must reflect a new approach to siting — one that recognizes the effect wholesale power markets have on transmission planning, and one that meets the needs of landowners, wildlife and society as well as project sponsors and investors."

It seems that they managed to get everyone else to the table to approve this plan, except the landowners, which can only mean that the landowners are the ones getting the shaft here. Without buy in of affected landowners, "America's" Power Plan fails.

This is not a Landowner or Consumer Plan!

Co-authors and reviewers of this plan include representatives of environmental groups, the benighted Center for Rural Affairs (who has strayed far afield from its original focus on independent farmers, in favor of corporate financial interests), political and business interests, and transmission owners and developers, such as Jimmy Glotfelty from Clean Line Energy Partners. Ooops... sorry.... did I say a bad word?

Where are the landowners and consumers? They aren't part of this "America."

I could go on for pages about the stupid contentions, condescending clap trap, and sheer arrogance contained in the siting plan, but instead I'm just going to concentrate on the "plan" to have landowners clamoring to host new transmission infrastructure.

"Additionally, decision-makers must pay special
consideration to private land owners. Private landowners
play an invaluable though often overlooked role in
the siting and construction of both generation and
transmission infrastructure. Particularly in the Eastern
Interconnection, transmission projects are built almost
exclusively on private land. How landowners are treated
throughout this process can determine whether projects
are more rapidly approved and developed or delayed
and even halted."

Here are the plan's six new options for willingly giving up your property for transmission development. All six of them read like ways for transmission developers to simply swoop in and collect the gold after neighbors have been pitted against each other in a greedy battle to assemble rights-of-way, where the financial wants of the few trump the property rights of the many. If you find anything in here that you, as a landowner, think is viable, please let us know. The landowners who've looked at it so far think it's just more unworkable, heavy-handed land theft. Maybe if the authors had actually consulted some landowners affected by transmission projects when writing their "plan," they would have found that out before publishing this, instead of after.

• Special Purpose Development
Corporations (SPDCs) focus on providing
landowners with another option for
just compensation. The condemning
authority creates an SPDC, allowing
the landowner to choose between two
options. Landowners can either opt
to receive the traditional fair market
value for the parcel or they can elect to
receive shares in the SPDC. The value
of these shares is commensurate with
the fair market value of the parcel the
landowner has committed to the project.
The condemning authority then sells
the SPDC to a transmission developer
at auction. The sale increases the value
of the SPDC, and the landowners’
shares are transferrable on the open
market. Each shareholder is entitled to
project dividends. The result is that the
landowners’ compensation is tied directly
to market value, unlike traditional “just
compensation.” By giving landowners
a stake in the project’s success, things
can move more quickly and fairly. This
framework is applicable to utility-owned
transmission projects; a merchant
developer does not have a mechanism
for recovering equity dilution from
rates and may instead prefer to offer
landowners annual payments tied to
project royalties.

• Landowner Associations refer to groups
of landowners that come together with
a shared interest. These associations
have been particularly successful
for wind development, and are also
suitable for shorter transmission lines.
Each participating landowner is given
a proportional share of ownership in
the association based on the amount
of land they want to make available
for development. As an association,
landowners then approach developers
for projects. Members of the association
that physically host turbines or
transmission infrastructure are given
a premium, but all members of the
association receive a portion of profits.

• Tender Offer Taking enables developers
to test landowner interest in several
corridors by drawing proposed
boundaries for a given project, and
offering an above-market price for all
landowners within the boundary. The
developer then confidentially monitors
acceptance, and goes forward with the
project once a predetermined threshold
is met (applying eminent domain
authority to any remaining holdouts). If
the threshold is not met, the developer
shifts attention to a different corridor.
Tender offer taking is well-suited to large
projects that can be broken into discrete
segments.

• Good Neighbor Payments represent
ongoing payments to landowners that
are near enough to a new project that it
affects them even if it does not require
taking over their land. For example,
wind farm opposition sometimes comes
not from direct landowners but from
neighbors who are affected; thus wind
developers often pay neighbors annually
for noise impact. This concept could be
applied to transmission development
by providing annual payments to
aesthetically affected landowners and
neighbors. In the case of a landowner,
good neighbor payments would be in
addition to any easement negotiation
made. Developers could also pay bonus
payments to farmers who are affected by
infrastructure on the land they cultivate.

• Self-assessment enables landowners
to report the value of their land once
a plan to condemn is announced. The
landowner’s tax liability is then adjusted
to the reported value. The condemning
authority then decides whether to
take the land at the reported price
or look elsewhere. If the developer
chooses to look elsewhere, the
landowner is thereafter prohibited from
transferring his land for less than the
announced value. This solution allows
the landowner to assign a personal
value to the benefit or deterrent of
hosting new infrastructure. A variation
of self-assessment involves an opt-in
mechanism whereby a landowner can
choose to receive a property tax break in
exchange for agreeing to be subjected to
condemnation.

• Annual payments allow landowners
directly impacted by transmission
projects to receive compensation tied
to the amount of power transmitted on
the line. Under this scenario, payments
are distributed each year the project is
in service. Payments can be adjusted
yearly, to account for inflation, and
can be augmented in the event that
the agreed upon right of way is used
for an additional purpose. Annual
payments could provide the landowner
with a greater sense of ownership in
the project, decrease the incidence
of landowner holdouts and ensure
compensation commensurate with the
growing value of land. The Colorado-based
Rocky Mountain Farmers Union
has proposed a version of this concept
for both transmission and wind farm
development.

Anything in that list change your mind about having to operate your business around transmission lines and towers? Anything in there that makes the taking of private property by eminent domain for the private profit of transmission developers more palatable? Didn't think so.

Did you see anything in there about how consumers or regulators have agreed to pay even more for new transmission in order to compensate landowners to their satisfaction? Or about the cost effectiveness of land-based utility scale renewables when landowners are compensated satisfactorily? Nope, me neither.

FAIL, "America," FAIL!

I just can't resist pointing out the plan's recommendation that we "improve interagency, federal-state and interstate coordination." Right. This comes on the heels of the environmental groups unsuccessfully filing for injunctions to stop the Susquehanna Roseland transmission project from plowing through the Delaware Water Gap National Recreational Area. These environmental pietists are the worse abusers of federal and state process to hold up projects that they don't like. So, at this time, I must say... stuff it, you hypocrites!

The plan also says if cooperation fails, then it's time to threaten states with a process that no longer functions:

"FERC backstop siting authority can play an important
psychological role in encouraging states to coordinate
and lead in transmission planning, making it a useful
siting tool. The best value of backstop siting is not in
its exercise, but in the possibility of its exercise."

Wow... it wasn't too many years ago when these environmental hypocrites were lined up against FERC backstop siting threats. What a difference a little corporate money makes in environmental priorities.

"America's" Power Plan is just another expensive failure because landowner resistance to new transmission is growing and coalescing into a coordinated, knowledgeable movement that will not be denied. Time for a new plan.

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Koolaid & Quaaludes - WV PSC Schedules Mass Public Consumption of FirstEnergy Billing Bungle Propaganda

9/30/2013

6 Comments

The anticipated WV PSC Order scheduling public comment hearings on the Potomac Edison/Mon Power Billing Bungle case was issued today. Mark your calendars as follows:

October 23, 2013 - 5:30 p.m.
Location: Shepherd University, Frank Ctr., Shepherdstown, WV
October 24, 2013 - 9:30 a.m.
Location: Shepherd University, Frank Ctr., Shepherdstown, WV

October 24, 2013 - 5:30 p.m.
Location: West Chester Village, Stafford Room, Fairmont, WV
October 25, 2013 - 9:30 a.m.
Location: West Chester Village, Stafford Room, Fairmont, WV

But... despite being promoted as public comment hearings, the PSC has ordered FirstEnergy to pump you full of koolaid and quaaludes before allowing you to speak:

...the Commission directs FirstEnergy to provide a representative that will make a presentation at each hearing, lasting approximately one hour. The presentation should, at a minimum, discuss (i) the circumstances that gave rise to the current customer meter reading and billing problems, (ii) how the merger and severe storms in 2012 affected customer meter reading and billing, (iii) changes implemented to improve customer meter reading and billing, (iv) planned changes to improve customer meter reading and billing and (v) services available to customers continuing to experience meter reading and billing problems.

FirstEnergy should arrange for its representative(s) to have access to customer records at each hearing to the extent possible and be available to speak with customers individually after the completion of public comment.

So, you must first drink the koolaid (listen to a FirstEnergy public relations spokesflack make excuses and tell you that you don't have a valid complaint for at least one hour), and then swallow the quaaludes (talk one-on-one with a FirstEnergy representative to remove any lingering doubts about how you deserved to be treated like that). If you still have something to complain about after your dose of FirstEnergy "happy," then you can make a public comment (but the PSC and FirstEnergy bet that you won't!).

Fortunately, several citizen/consumer organizations will be distributing special enrapturement resistance tools called "education" and "citizen action" at a community meeting BEFORE the PSC and FirstEnergy's magical mesmerizing road show.

Mark your calendars to attend a Jefferson County community meeting on the evening of Wednesday, October 16. More information will be coming before the end of the week, so check back here soon!

6 Comments

Clean Line Energy Partners Continues to Deny Opposition

9/27/2013

0 Comments

Dear Jerry,

I understand that your show helps people who are denying their problems by allowing others to confront them.

I would like to propose that you invite Clean Line Energy Partners to be a guest on your show. This could be really big, maybe even bigger than your "I Married A Horse" episode.

Clean Line Energy Partners, owners of the Grain Belt Express, Rock Island Clean Line, Plains & Eastern Clean Line and other HVDC transmission projects totaling thousands of line miles, have stated that:

"Successful project development requires substantial and widespread participation from a diverse group of entities and stakeholders. Clean Line strives to establish and maintain close relationships with landowners, communities, local and state officials, customers and suppliers and deeply values stakeholder input and involvement."

However, when the rubber meets the road, Clean Line has recently resorted to having landowners physically dragged out of public meetings in their own communities. They have had legal tantrums insisting that affected landowners be banned from participating in permitting cases. They have been caught offering money and other consideration in exchange for supportive public testimony. In short, Clean Line has been behaving like an immature bully.

Sincerely,

Thousands of Landowners and Ratepayers All Over the U.S.A.

0 Comments

Kansas Officials Afford Affected Landowners Due Process - Grain Belt Express Has a Tantrum

9/27/2013

2 Comments

The wheels have started to come off Clean Line Energy Partners' Grain Belt Express project Crazy Train in Kansas. Ut-oh, Grain Belt Express! That's what happens when you try to rush your project through approvals without allowing public participation.

As you may recall, notice to affected parties was carried out in a rather haphazard fashion at the last minute, the Kansas Corporation Commission staff misinformed the public about their rights to participate in the legal process, and Clean Line was beating the KCC like a rented mule.

At a public meeting early this week, the Commissioners discussed the outstanding petitions to intervene from pro se individuals, a landowners' group, local government and an electric co-op.

The KCC voted to allow all of those wishing to intervene to do so but directed its staff to draft a letter explaining to the interveners that they would have to articulate a specific interest that is affected by the case and asking them to clarify what they want the KCC to do. If the interveners fail to do that, the KCC could elect not to allow them to speak at the relevant hearing in October.

It sort of reads like the KCC couldn't be bothered to make an actual decision at the meeting, but is expecting to do so as the case winds its way through pre-hearing conferences and evidentiary hearings. Although it may read like the Commissioners are affording a chance to be heard to these intervenors, it's actually a baited trap for the intervenors, who can be silenced or have their party status revoked at any time. Maybe that's because:

Normally, landowners are represented by an attorney who is familiar with KCC procedures, but this case is unusual in that some landowners are choosing to represent themselves, KCC spokesman Jesse Borjon said, adding the letter would provide landowners some guidance about how to pursue their part in the case.

KCC Chairman Mark Sievers said some of those who asked to intervene had used “boilerplate” language that didn’t clearly explain how their rights would be affected by the proposed siting.

Sievers also suggested the KCC adopt a procedural order to calm proceedings where members of the public were noisy, applauded and created a “circus atmosphere.” The order cited regulations requiring people presenting to the KCC to follow the same rules of decorum as attorneys in courtrooms, and said people who failed to do so could be denied the opportunity to speak.

A circus, you say? Oh, that's what all the PSCs say when faced with pro se individuals protecting their legal interests. Scary, isn't it? Don't worry, KCC, so far all pro se individuals participating in transmission line cases have behaved like ladies and gentlemen, not circus monkeys.

The KCC also had concerns about:

Sievers also said parties “trying their case in the press” had become a problem, but Commissioner Thomas Wright raised the point that rules against discussing a case in the media exist to prevent potential jurors from developing prejudices in cases they could be called on to decide. The commissioners determined talking to media therefore wasn’t likely to be misconduct in its cases.

And then a non-party began trying their case in the press for real. Check out the 2-page spread that appeared in the Russell County News. Page 1. Page 2.

Grain Belt Express has been routed through someone's oil field interests. Notice was not given to this business. This could cost GBE millions!

So, what does Grain Belt Express do? They have a big tantrum and demand that the KCC reconsider its decision to allow the parties to intervene. They accuse the KCC of not ordering what was discussed at the public meeting. Not too smart.

Clean Line Energy Partners' actions are getting pretty desperate, and their public and legal dialogue is increasingly shrill. That's what happens right before a badly conceived transmission project dies. Adios.

2 Comments

FirstEnergy and the WV PSC Spin a Web of Lies for Legislature

9/25/2013

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It appears that FirstEnergy and its apologists at the WV PSC believe that our legislators are dumb and forgetful.
That's the only explanation I can come up with for that regurgitated pack of lies legislators were fed during the Gov. Org. discussion of the study regarding electric utilities' billing practices on Monday afternoon. I do realize that it was late in the day and our legislators wanted to go home, instead of grilling the company and its regulators. However, only a few legislators managed to ask questions, and they could have done a better job with more information. Nobody expects legislators to have read all the documents in the case, but a little preparation would have been nice. It's up to each one of you to get your legislators up to speed here so that they can do a better job following up on your concerns next time.

Next time? Although Chairman Snyder made noises that the committee "may not pick it up again," let's not kid ourselves. The people haven't lost interest and, in fact, a whole new wave of billing problems is beginning to form. Ut-oh!

Karen Short, PSC attorney, began the festivities by apologizing and making excuses for FirstEnergy again. Her litany of excuses was almost verbatim to those offered by by PSC Communications Director Susan Small back in May. When Small's list of excuses for the company was read aloud at the Citizens' Public Hearing, Senator Snyder went ballistic, shaking his fist and proclaiming that making excuses for FirstEnergy "wasn't their [the PSC's] job!"   It must have been the delivery, because I didn't hear Senator Snyder object to:

1.    FE had billing problems related to its merger.
2.    FE made bad decisions about these changes.
3.    Storms! Storms! Storms!
4.    Renumbering.
5.    Last winter was 30% colder than the one before.

Here's what Short told legislators the PSC was doing or had done to remedy the problems:

1.    Ordered FE to make monthly data filings.
2.    The General Investigation will evaluate the systemic problems.
3.    FE has changed its collection policy to be more customer-friendly.
4.    The Commission will render an Order setting public comment hearings.
5.    The Commission can order the company to meet specific metrics.

She also asserted that the Commission is concerned about new estimates perpetuating last year's errors. Great... but is she going to read my meter every month now to correct this problem? No. Your "concern" is greatly appreciated, Ms. Short, but why not make the company correct its previous errors and estimation routine to keep it from perpetuating this winter. It's already begun, and we're hardly into the heating season.

Short says FirstEnergy has been "responsive." Maybe that's what it looks like from a seat on the Commission's bench, but the view is so much different from my house.

Byron Harris, Consumer Advocate, stopped by on his last day of work to be congratulated and thanked by the legislators. Even with all that going on, Byron was the only presenter who tried to stick up for you, however, he admitted that he has no data on your complaints because that is handled by PSC staff, and not the Consumer Advocate. The Consumer Advocate has asked for public comment hearings in Charles Town, Martinsburg and Morgantown. If you want one in your town, you need to call the new Consumer Advocate, Jackie Roberts, at 304-558-0526 and let her know.

Byron touched on topics such as pay for performance, making the problems an issue in a future rate case; that the company should have internal controls to flag an account with too many estimates; that he would have to go to hearing to get any remedies the Consumer Advocate might suggest, or FirstEnergy could fight improvement and take the case to hearing. He mentioned that the company has hired a consultant to analyze their billing program, and Byron hopes it will be an independent and honest process. He was asked what the customer remedy would be for the company's failure to follow the tariff and responded that the customer could file a complaint with the PSC.

Byron said the public hearings will be very important. The PSC and the Consumer Advocate needs to hear from you!

Excuses made for FirstEnergy:

1.    The company spends $6M/year on meter reading. Having good service will cost too much.
2.    Customers can read their own meters.
3.    FE "works with customers" and is responsive.
4.    There has been some improvement, but there is a long way to go.

In response to Senator Snyder's questioning about an effective legislative remedy, Byron wasn't very helpful, except to shoot down Herb's suggestion to add the meter reading frequency to statute (and perhaps with good reason). If Herb wants some real suggestions, he knows who to ask... or maybe he'll just get told ;-)

FirstEnergy trotted out WV "Director of Operations" Holly Kauffman. Where has this woman been? Nobody has seen or heard from her since this debacle began. Maybe she's just a do-nothing figurehead whose job is to run boring power point presentations and use up valuable discussion time?

Anyhow, Holly said she takes pride in how FirstEnergy supports "our customers." Well, I guess that explains it then. Holly went on to say that FirstEnergy will fix their problems "as a company." Then she made all the same old, tired excuses as Karen Short. Do you think they rehearsed this together while exchanging recipes and doing each other's nails?

Holly wants us to believe that FirstEnergy launched its own "internal investigation." Was that before or after they blew off the Citizens' Public Hearing in Charles Town? Let's save Holly some embarrassment and admit that we sent her a personal invitation. She never responded. Instead, lobbyist Sammy Gray merely "respectfully declined" the invitation for a second time. I guess Holly just does what Sammy tells her to do.

Holly says FirstEnergy's estimation process is fixed! You believe her, don't you? No? Okay then, she also admitted that the EPRI analysis of FE's billing system has not yet been completed... but why should they bother, when it's already fixed? And, one more point to ponder -- who is paying for this study? Surely not the ratepayers, since the problem was caused by the FirstEnergy merger.... and no merger costs are billable to customers. Well, at least that's what the merger stipulation says, but it also says that FirstEnergy's merger would be a huge benefit to electric consumers in West Virginia. We're still waiting, FirstEnergy. Your merger has been nothing but misery and agony for your captive customers.

FirstEnergy did one good thing! I know... shocking, isn't it? Supposedly they have hired 7 roving meter readers to fill in during absences and help the meter readers catch up on those impossibly heavy meter reading schedules. Wow! Did they call in Sherlock Holmes to figure out that they need some sort of back-up system because life happens? They have also supposedly begun calling customers to alert them in advance of a renumbering double billing event about to happen. Is that because that tiny line of text on the bill just wasn't effective? Right.

But then she got carried away and insisted that FirstEnergy is responsive to customers and that no customers had their power disconnected due to the billing fiasco. This is just plain NOT TRUE!

A few legislators asked questions, but Holly batted them all away as insignificant or unworkable. A very unintelligent discussion of smart meters ensued, but Holly's bottom line was that we could either have cheap electricity or good service, but not both.

And make note of this... in the event that you overpay the company due to an over estimated bill, you can call and request that they send you a check instead of being stuck with a huge credit.

To sum it up, FirstEnergy is a company that "continues to improve" and "continues public outreach." After all, when you've hit rock bottom with customer service, the only direction to go is up.

Please write to your legislator and let him/her know that you are not satisfied with Monday's performance.

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