StopPATH WV
  • News
  • StopPATH WV Blog
  • FAQ
  • Events
  • Fundraisers
  • Make a Donation
  • Landowner Resources
  • About PATH
  • Get Involved
  • Commercials
  • Links
  • About Us
  • Contact

FirstEnergy Transmission Open House

6/5/2025

1 Comment

 
Picture
Ever feel like the filling in a tuna sandwich?  The "stuff" inside an Oreo?  Well, that's exactly what you are if you're on the Jefferson County section of PJM's 502 Junction to Goose Creek transmission project.  We're being sandwiched between NextEra's MARL on the western side, and FirstEnergy's Gore-Doubs-Goose Creek project on the eastern side.  We're the one remaining area without any maps or information.  Apparently we're being saved for last because we're the ones FirstEnergy is most worried about.  We're the ones who are supposed to remain compliant and in the dark because FirstEnergy has not given us any notice.  Well, wake up folks, this is your notice!
Picture
FirstEnergy has finally emerged from their bat cave to disseminate public information about the eastern half of the project.  As I told you several weeks ago, FirstEnergy is calling the eastern half of MARL the melodious Gore-Doubs-Goose Creek project.  You can continue to call it MARL if you like.  It doesn't matter what you call it, as long as you don't call it late for the financial incentives buffet (haw, haw, haw).

But, FirstEnergy is only willing to share information about the Maryland part of its project, and says it wants to file an application with the Maryland PSC by the end of the year.

Despite PJM's empty promises about "using existing rights of way" for eastern MARL, FirstEnergy is planning to expand existing easements and acquire more property.
While the project is mainly using existing rights-of-way, there are “some limited areas” where the rights-of-way will have to be expanded to accommodate new transmission structures, according to the fact sheet.
Fact sheet?  What fact sheet?  Maybe it's on their website?  What website?  The only information you're going to get is going to be in person at the ONE and ONLY "Open House" FirstEnergy is holding for this project.

A public information session on the project is scheduled for June 11 from 6 to 8 p.m. at the Upper Montgomery County Volunteer Fire Department in Beallsville.


This is your only chance to get information.  Be there.

Meanwhile FirstEnergy continues to slink around, approaching landowners with predatory proposals before giving them complete information about the project.
Potomac Edison has “approached a handful of property owners in those areas (a mix of commercial or privately owned, undeveloped land) to discuss obtaining those easements for fair market compensation.”

Right now, Potomac Edison is conducting “preconstruction activities” along the transmission rights-of-way, according to the project fact sheet.
​
Company employees might be seen driving or walking the properties where the rights-of-way are, taking measurements, placing boundary flags, and gathering soil or vegetation samples.
Don't just sit there.  Do something!
1 Comment

Somebody Ought To Do Something About That...

5/29/2025

1 Comment

 
Picture
Marilyn O'Bannon and her family on their Missouri farm. Marilyn is in the back row just above the word "For".
Instead of waiting around for someone else to save you, sometimes you have to be that "someone" that steps up.  I met Marilyn more than than a decade ago, right around the time she tried to attend the information meeting at the ABB plant in her story below.  Since that time, Marilyn has become an informed and effective advocate for landowners impacted by the Grain Belt Express project (still unbuilt after more than a dozen years).  Not only has she lead the charge to battle the project on all fronts, she's also served a term as a County Commissioner for Monroe County, Missouri, along the way.

Marilyn is one of my heroes because she's dedicated and fearless.  Here's her story about how she stepped up to the job of leading a transmission opposition group simply because it was the right thing to do (and the only thing for her to do).

Don't wait for some other hero to come along.  The hero in your story is YOU!
This is the story of Marilyn O'Bannon from Monroe County, Missouri.  She didn't see herself as becoming an advocate.  She was just doing what needed to be done.  Here, in her own words, are her thoughts and feelings that guided her incredible journey.  Marilyn continues to fight on.
My story
by Marilyn O'Bannon

 
The day I was informed Grain Belt Express (GBE) merchant transmission had a proposed route to cross our family’s farms, it struck an emotion in me that I had never experienced.   I first thought if I’m just finding out about this project, then others need to know as well.  After searching for information on Google, my emotion immediately changed to anger as how could this happen in our county without people knowing about it?  Within minutes I called my US Representative, Sam Graves.  His legislative assistant informed me Rep. Graves was aware of project and there were constituents in favor of the project.  I was asked to get more information and call back.  I next called my State District Representative, Jim Hansen.  Rep. Hansen had more information on the project, informing me that Grain Belt representatives and lobbyists had been at the state Capitol asking for support of the project.  This was my first contact ever with Rep. Hansen, and he let me know he was not comfortable with the project and said he was willing to support Monroe County landowners.
 
After these initial calls, I felt overwhelmed realizing this was worse than I thought, especially after discovering the company, Clean Line, was planning to file an application with the PSC in March, and it was mid-December.  My younger son, said “Mom, you have to do something.”  I thought, what?  This actually motivated me—yes, do something!  I told my son, let’s visit the county commissioners as soon as possible.  A couple of days later, my son and I showed up unannounced to meet with the commissioners.  My thought previous to speaking with the three commissioners (men), was I need to let them know about this horrible project that is proposed to go through our county because they should do something.  As soon as I told them what I had learned, they smiled and said they had been meeting with Clean Line/GBE for almost two years, and that the county was going to receive a lot of tax revenue from the project.  I asked if they had verified that information, and they looked surprised and said well that is what project owner Clean Line's (CL) representatives told them.  I asked several more questions they couldn’t answer and then was told I should contact Adhar Johnson (from CL), she is really nice and good looking.  They gave me her number.  I reiterated that I could not believe I knew nothing about his project, and the commissioners told me, “you should have gone to the open house last summer.” I said what Open House?  CL had told commissioners all of the landowners were invited to the open house and the commissioners attended.  I asked if they saw any landowners on the proposed route at the open house, got a blank stare, then they recalled one landowner there and they thought he supported the project.  I said I can’t imagine why anyone would support a project like this.  Then one of the commissioners said, “you will get paid well for the easement.”  I replied it’s in the middle of our fields, no amount of money would be enough and asked, “would you want this line in the middle of your farm?”  The commissioner looked down and said no.   I told the commissioners it was evident more information was needed about the project, and I would be back the next week to see if they were able to verify the tax revenue and other project details.  I said I would try to call Adhar Johnson and report back.  

Following this meeting, I contacted several close neighbors and discovered no one was aware of the GB project.   I quickly became more motivated to get some answers and get all of the folks on the proposed route contacted.  My son recalled in a recent visit to his in-laws in northwest Missouri, he saw signs with words Block Grain Belt Express.  I contacted his in-laws to get contact information on Block Grain Belt Express.   I was able to get in contact with someone who was leading opposition of GBE for the past six months.  I returned to visit with the county commission, and discovered the commissioners were not able to verify the $800,000 tax revenue for the county that Clean Line representatives had told them.  Again, the commissioners seemed to think this project was good for the county and I stated there should have been a meeting organized by them in Paris, Missouri, the county seat.  I learned the commissioners had signed a letter giving support for the project.  
 
I knew at this point action must be taken.  I needed to rally support and get a meeting organized inviting all of the folks on the proposed route, neighbors nearby the route, county and state officials, and even our consolidated electric manager.  It’s now just after the first of January and I needed to get a meeting set up quickly.  After calling our local community center, I was informed they would not charge rent for the space.  Dividing the route in thirds, I contacted a landowner on the east end of the route and another landowner to the west, with myself taking the middle, to contact as many of the landowners as possible.  I sent information and the date of the meeting January 25th, to be distributed.  Local newspapers were contacted to inform of the meeting, and I started having conversations with Northwest Missouri opposition—what support!  They had signs and had already been working on lists of landowners to the south and east of them to begin informational meetings.  I think we both were overjoyed to connect the state.  Block GBE-Missouri had been getting advice and support from Block GBE-Illinois.  Joining this network gave the direction I was needing to focus efforts on opposition.  I invited Block GBE to our January meeting in Madison and they were happy to give a presentation and provide information for opposing such as how to contact Missouri PSC.  Prior to the meeting planned in January, I gathered about a dozen neighbors to meet with County Commissioners to let them know they were not aware of GBE, they were opposing the project, and asked the commissioners to rescind their support of the project.  The number in attendance made a huge difference in the attitude of the commissioners and they stated they would attend the meeting in Madison later in January, and also stated they would rescind their support of GBE. 
 
Prior to the meeting in January, I kept working to be more informed about the project to be able to have information for landowners planning to attend.   I was starting a contact list of landowners and folks interested in property rights, and emailing updates on a regular basis.  
 
The meeting was a huge success.  Close to a hundred in attendance.  Russ Pisciotta and his wife, (Block Grain Belt Express-Missouri) from northwest Missouri, gave an excellent presentation.  Strategies going forward were discussed and it was clear the opposition was growing as more people were getting informed and communicated with regularly by email and Facebook.  Two of the County Commissioners attended the meeting, and shared they were rescinding their support of the GBE project.   It was at this meeting that I was informed GBE was planning a media event in a few days in Jefferson City at the ABB plant.  This event was invitation only, but since the county clerk shared it with me, I decided to go and took three other volunteers with me.  Just to park, clearance was needed.  At the door, I was directed to a desk to check-in.  After I checked in, I was immediately swarmed by a few people who asked who I was and why was I there.  I learned quickly two of them were Mark Lawlor, GBE project manager and Adhar Johnson (the nice girl from CL).  Adhar threw her arms in front of me telling me to leave.  I stated I was there as a stakeholder and to learn, not to give any trouble.  Adhar yelled at me, stating you are a landowner and we are not ready to talk with you.  Immediately, this got the attention of the plant manager.  Adhar told him I should leave.  I explained it looked like a lot of people were in attendance, however most were senators and representatives.  He listened to GBE representatives complain about my attendance, and I said innocently, I’ve done nothing to these people.  The ABB manager apologized, telling me to leave.  At that point, I asked if could use the restroom before leaving. Adhar stated don’t let her.  Politely, the manager said he would escort me to restroom.  I was polite, as well, and as I was being escorted, I asked the manager if he did not notice their disrespect.  In fact, I got the manager’s business card and followed up with a letter of my appreciation for the bathroom break and the disrespect I received. 
 
Leaving that encounter with GBE, I was discouraged.  I called John Cauthorn (past state Senator), before leaving the parking lot and reported the treatment.  He asked me what I was going to do and I said, “go home.”   He said no, “go to the Capitol, stop anyone who will listen to you and tell them about GBE.”    
I’m thinking I’ve never done this before, I don’t know what I’m doing?  It’s 10 am, sure maybe we can stop by the Capitol and see how it goes.  This is when the activism kicked in gear.  We went from office to office, getting either appointments or catching a rep or senator to listen to us.  We were told to see office of Economic Development which we did and also see Senator Rupp who was scheduled for an appointment to the PSC in April.  One of the persons with me said his son hunts with Senator Rupp, so we had our connection.   Activism and Advocacy full force.  I think we left the Capitol around 4 or later that day.  My sister-in-law called me to ask how it was going and I said I think we need a lawyer.  Since she lived in Jefferson City, she said let me check into this.  Later that day, she called me with a name of an attorney, who by the way, just completed serving on PSC.  The next day, a meeting was scheduled with attorney.  We were just getting started.
Legislation was filed in next several weeks, and along with support of Block Grain Belt Express-Missouri, landowners were organized to make regular trips to the Capitol to promote the first House Bill which would not give the authority of eminent domain to a merchant transmission private, for-profit company.
 
Advice: Talk to your neighbors, relatives and friends.  Ask for help.  Organize an email list of contacts and follow-up with regular communication.  Work on leads.  People may know someone who will help, then accept any help they will give.  It’s a small world, someone always knows a person with background or expertise, and there are unknown connections you will find once you start reaching out.  As a point of contact, you can disseminate information to others.  Use social media.  
 
 
Become informed and connect with those who may have influence.  In our case, Missouri Farm Bureau, and other ag organizations:  Cattlemen’s, Corn Grower’s, Soybean Association, Pork and Sheep Producers.   Meet with legislators.  They may disagree with you, but keep them informed of your efforts.  
 
It doesn’t matter if you have never done anything like this before.  It’s your property, don’t let some company run over you. 
 
You don’t need a background in energy, find someone who does.  Be the communicator and stay in contact with those who want to help your cause.  You may be asked to be interviewed.  Step up.  If not you—who?   Reporters may edit your comments, but continue to speak out.
 
 
Focus on your constitutional rights!  
 
Be relentless, don’t give up.  It’s easy to find reasons to not get involved.  But for me, if I had to live with a project crossing my family, neighbors and friends’ farms, and chose to do nothing that was not an option.  
 
The base of my motivation has been my father saying, “work to do all you can, never give up until you know you have done everything possible.”  And, my close friend who said to me, “God does not call the equipped, He equips the called”
 
The journey may be long, like nearly 12 years and counting, but the connections with folks along the way, is a gift.  I still have a simple message from one I met early in 2014, “We will prevail!”
 
Find your motivation.  Are you like me?—I wondered for years how did something happen without my knowledge, then complained.   I would have never envisioned myself as an activist, but I could not stand by for this wrongdoing.  You can’t fight all the battles.  I’m passionate about my family, and want a world that is safe and secure for my grandchildren.  
 
My passion for property rights continues to grow, not waver.  At this point, it looks like we will never be done, but that only continues to motivate me.  I have been fortunate to work with some brilliant people, who I can call on for help.  Find your smart people, then do your work.  
 
These are some quotes that always lift my spirits:
 
“Never doubt that a small group of thoughtful, committed citizens can change the world indeed, it's the only thing that ever has.”  -- Margaret Mead
 

"Try your best, then you can let that thing go and try something else. Just be sure to finish what you start. See it all the way through, and don't give up so easily.” ― Queen Latifah
1 Comment

West Virginia Public Service Commission Passes the Buck

5/14/2025

0 Comments

 
Picture
The West Virginia Public Service Commission's mission statement is:
The purpose of the Public Service Commission is to ensure fair and prompt regulation of public utilities; to provide for adequate, economical and reliable utility services throughout the state; and to appraise and balance the interests of current and future utility service customers with the general interest of the state's economy and the interests of the utilities.
However, when a customer filed a general comment with the PSC recently regarding the way FirstEnergy is shirking its duty to provide public information, this is the response she got:
Thank you for contacting the Public Service Commission of West Virginia regarding the transmission line project. We are aware of plans for the proposed transmission line, but have not yet received a filing in this matter. We expect the developer to apply to the PSC for a certificate of convenience and necessity (under code section 24-2-11a) before beginning any construction. Once the PSC receives the application, there will be a public notice (the law requires newspaper publication in counties where the line is proposed to be located) and an opportunity for the public to comment and to file protests and to ask for the PSC to hold a hearing. We encourage you to share your comments once a case has been opened and is available for public input.
The consumer corrected the PSC with this response:
​This section of state code that got amended back in 2010.  It is WV Code §24-2-11a(c) available at this link:  

https://code.wvlegislature.gov/24-2-11A/


It says:  At least thirty business days before the deadline set by the Public Service Commission to file a petition to intervene with regard to the application, the applicant shall serve notice by certified mail to all owners of surface real estate that lie within the preferred corridor of the proposed transmission line. Notice received by a named owner who is the recipient of record of the most recent tax bill that has been issued by the county sheriff's office for a parcel of land at the time of the filing of the application is sufficient notice regarding that parcel for purposes of this subsection.

I have the right to intervene as an impacted citizen. I also have a right to intervene and participate in the case, not just file a comment.
And then the PSC's Director of Communications responded by passing the buck and telling the consumer to go away.
You do have a right, as any citizen does, to ask to intervene in any case before the Commission.
However, in this case, there is no case before the Commission, so therefore we cannot take or act upon your request.
Until the company files a petition seeking our approval of the line, there is no case. That has not been filed by the company.
If such a request is filed, we will be happy to notify you and then you can petition to intervene.
In the meantime, I may suggest you file your protest with the company.
I hope this helps. Please feel free to call me at any time if I can be of assistance.
Aren't there any lawyers at the PSC that can acknowledge that the company has an obligation to notify impacted landowners via certified mail once an application is filed?  That's what the customer was looking for.  She filed a general comment seeking help with the fact that FirstEnergy is approaching landowners to seek Right of Entry on their properties without providing any information about their project.  FirstEnergy has provided no information whatsoever about their project to the impacted communities.  Do impacted landowners have to wait until an application is filed to get basic information about the project and what it intends to do to private property?

Furthermore, a different segment of the same transmission project has absolutely failed to provide effective engagement with other impacted landowners.  NextEra has been holding "Open House" meetings in West Virginia that leave landowners confused and angry.  The meeting setup is loud and confusing.  The maps are not labeled.  The comment cards cannot be filled out later and mailed in.  Attendees cannot have normal conversation with project representatives because they cannot hear what they are saying and answers are non-responsive or misleading.  The company's website is devoid of meaningful explanation or information about this project.

The 500kV MARL project is failing at public engagement on all fronts.

But yet when consumers go to the officials who are supposed to protect them from predatory and outrageous behavior by the public utilities it regulates, they get told their comments cannot be accepted.

In the case of FirstEnergy, impacted landowners and consumers do not even have a contact for the company in order to "file your protest with the company."  Landowners are being preyed upon and nobody is stepping up to protect them.

Keep filing your general comments with the WV PSC, even though they claim they cannot accept them.  And keep a record of your correspondence.  Please forward any refusal of the PSC to accept your comment to your state delegates and senators and ask for their help.    These public servants work for us!

To file a general comment with the WV PSC, go to this link and fill out the form.  Maybe if they receive enough comments about the outrageous behavior of regulated public utilities they will have to do something?

Landowners are not just asking to intervene before an application is filed.  They are commenting on the current process before the application is filed.  Communities deserve an open and transparent process leading up to the filing of an application and they deserve to have their right to information protected by the Public Service Commission.  After all, that is the PSC's mission!

Keep filing your comments with the PSC regarding your concerns with public engagement (or lack thereof).  The PSC has rules that must be followed.  The least it can do is accept and acknowledge your comments about these major transmission projects that have been proposed to cross our state.  Let them know what you think about what's happening now, even if an application has not yet been filed.  Don't let them pass the buck!
0 Comments

Just Say NO To Utility Representatives Sneaking Around Jefferson County

4/16/2025

1 Comment

 
We've had multiple reports recently that FirstEnergy (possibly masquerading as your local electric company, Potomac Edison) has been sneaking around Jefferson County, knocking on doors and trying to get landowners to sign permission forms allowing the utility to perform its "surveys" outside the existing easement, on the landowner's property instead.  It has also been reported that people are being approached by telephone.

One person even reported that the utility representative said the company would be seeking to expand its easement and he would be delivering an offer soon.

Just say NO!

You are not required to permit the company on your property... and that is why they need your permission to do it.  Don't give away your property rights like that!

What's a survey?  In addition to the normal metes and bounds survey you're probably thinking about, transmission developers also want to do environmental, historic, cultural, and geotechnical surveys.  The environmental surveys are looking for the presence of certain bats, or turtles, or other endangered species.  They are also looking for wetlands and other land features.  They are looking for historic resources.  They want to dig and perform archeological surveys.  And they want to bring large equipment on your property and drill core samples to see if it's possible to anchor a giant transmission tower foundation 30 feet down.  Sometimes, they need to cut trees and vegetation to get a line of sight (or so they've told the landowner).  If you want to open your property up to a parade of people using it for transmission development surveys, then go ahead and sign their form.  Otherwise, tell them to get lost and come back when they have a permit from the West Virginia Public Service Commission (WV PSC) in their hand.

FirstEnergy does NOT have a permit from the WV PSC at this time.  In fact, FirstEnergy has not yet even applied for a permit.  In order to apply for a permit, the company is required to undertake community engagement (dissemination of project information to the public such as meetings, routes and maps, newspaper articles, a website, informational mailers).  FirstEnergy hasn't even done that yet.  Instead, it wants to divide and conquer landowners, keep them isolated and uninformed, and get them to sign away their rights for pennies on the dollar.

Why is FirstEnergy so afraid of us?  Because last time they tried to build an unneeded transmission line here, they lost!  There's power in numbers and information sharing between neighbors.  There's power in grassroots community opposition, and we need to circle the wagons to keep our community safe.  Don't let FirstEnergy's representatives cut you from the herd and isolate you from your neighbors.  Tell them to stop calling and/or get off your property until they have a permit to build their transmission line from the WV PSC.

There's a rhythm to planning and building a new (or even re-built) transmission project.  The FIRST thing the utility usually does in your local community is schmooze your local elected officials and try to get them on their side.  That ship has sailed here in Jefferson -- we beat them to the County Commission and FirstEnergy has provided absolutely ZERO information to our local government. 

​The SECOND thing the utility usually does is to schedule what it calls "Open House" public information "meetings."  They really think one trip around this room is all it takes to turn you from transmission skeptic to transmission advocate!
Picture
FirstEnergy has not announced any public meetings yet.  In fact, there's no indication that it ever will happen at all. It seems FirstEnergy has skipped some steps because contacting landowners and asking for permission to survey typically comes AFTER these meetings, the publication of a website, news articles, and community notification through postcards or other mailers.

What kind of dirty deeds and misinformation is FirstEnergy spreading in our community that can't stand the sunlight of public scrutiny?

Over the years, I've assisted communities on so many transmission projects that I've come to know the "utility playbook" for ramming a new transmission project through a resistant community by heart.  However, it seems the utility has updated their playbook lately, and I'm gonna call it "Utility Playbook - Desperation Volume 2.0".  The new volume dispenses with public information and preys on landowners (that's right, I said PREYS) to get then to sign away their rights before they have necessary information to make a reasoned decision.

There's another community to our north in Pennsylvania that seems to be experiencing an identical transmission project information desert populated by the same shady characters approaching landowners and saying the most outrageous things, such as:
“People are trying to take approximately 5 acres of my property and giving me absolutely no information,”  she said. “They’ve called me, and they want to do a survey, but they won’t give me any information.”
Sound familiar?  Or, how about this?
“(PPL) was asking if (residents) would sign a document and if they didn’t sign the document, they couldn’t tell them about the project, I’m being told,” Walsh said. “Other people were being offered crazy low value for property.”
He said at least 10 people told him of instances like this....
Enticement to sign away your rights to get information?  That's plainly criminal.

FirstEnergy needs to pull its camel nose out from under the wall of Jefferson County's tent.  We're not stupid, and we're not for sale.  Creating an information desert is about the stupidest stunt they could perform.  They must have signed with Charles Ryan again to get such stellar advice!  I know how much FirstEnergy loves to read my blog, so here's a word to the wise.  GET BUSY WITH THE INFORMATION.  THE LONGER YOU WAIT, THE WORSE IT'S GOING TO BE.

And while we're waiting... let's hold our own informational meeting for the community!  Everyone is welcome to join us on April 29 at 7:00 p.m.!  FirstEnergy spies at the meeting will be separated from the herd and given last year's Halloween candy and bottled water from Jefferson County's underground pollution plume.  I can spot you guys a mile away.  Dork has a certain fashion sense that's impossible to hide.   See you there, everyone!
Picture
1 Comment

Valley Link Transmission Files for Incentives and Formula Rate at FERC

3/18/2025

0 Comments

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

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

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

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

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

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

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

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

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

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

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

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

So, let's sum it up:

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

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

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

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

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

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

Shady Surveys = Skewed Stories

3/18/2025

0 Comments

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

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

The World Resources Institute
and 
Data for Progress 

with anything at all.

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

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


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

Thank you for your time and consideration.

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

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

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

Have a great day!

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

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

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

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

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

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

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


Nobody.  

I suggest they redirect their grant money toward other important social dilemmas, like finding out why environmentalists are burning their Teslas and buying gas guzzlers.  Well, if they have any grant money left that is... ;-)
0 Comments

GBE's Loan Is Frozen... Or is it?

2/6/2025

2 Comments

 
The trade press is gushing about the possibility that freezes on DOE activity could derail energy projects.  We could only be so lucky!  The money DOE was so eager to give away after the election is yours!

The corporate media is intent on trying to find a way to grease the giveaways so that they are not thoroughly examined by the new administration.

This piece in Utility Dive talks about a lot of transmission projects that are now threatened, but conveniently avoids mention of Grain Belt Express, perhaps the most egregious of the conditional loan guarantees.  Utility Dive says:
Recipients of low-interest LPO loans “incur lower financing costs for their qualifying infrastructure projects than if they had used commercial capital markets [and] will pass along the savings to customers”
Apparently LPO is oblivious to the fact that Grain Belt Express is a merchant transmission project... or maybe it simply doesn't understand what that means.  Any savings from low-cost government financing doesn't get passed along to GBE's customers, it goes in Michael Polsky's pocket!

A merchant transmission project is a speculative, supplemental transmission project.  It isn't needed for reliability, economic or public policy purposes and therefore it has no captive customers at existing utilities.  A merchant's speculation comes from its bet that if it builds a transmission project, it will be so valuable that customers will volunteer to pay for it in the form of capacity contracts.  That contract is like a toll to use the transmission line, much like you pay tolls for private highways.  The price that customers would be willing to voluntarily pay for GBE's transmission capacity is dependent upon the market -- what do other transmission options cost?  How much additional transmission would be necessary to actually get the energy to load?  GBE's contracts don't include energy.  Any transmission customer would have to purchase that separately from a generator near one of GBE's three converter stations.  The cost of the energy also figures into the market price of GBE's transmission.  The amount a voluntary customer would pay for capacity on GBE is set by the market, not the cost to build and operate GBE.

A low-cost government loan may lower the cost of the transmission project, but it cannot change the market price of transmission.  Since GBE's profit comes from the difference between what it costs to build GBE and what customers will pay to use it, lower financing costs will simply lower the cost to build and increase GBE's profits.  GBE is interested in building the cheapest project possible in order to increase its profits.  That's where the money is made.  So, I ask, what is the benefit to the citizens from this taxpayer loan?  There isn't any.

But yet LPO is still on a crash course to get GBE's Environmental Impact Statement completed ASAP.  After all, this guy has to keep to his little schedule...
,Senator Hawley recently sent another letter to new Secretary of Energy Chris Wright asking why the DOE is proceeding with this loan when the Acting Secretary clearly paused all projects.

And about that Draft EIS... time is running short to get your comments in!  Find something within the report that you'd like to address and have at it!

I found it interesting that DOE doesn't seem to understand what merchant transmission is, as well as its discussion of the non-existent generators in Western Kansas.  DOE speaks with forked tongue!

Meanwhile, GBE has filed a bunch of condemnation suits in Missouri.  How did GBE get so far over its skis?  According to the information provided in the Draft EIS, GBE doesn't have any customers except for the Missouri municipalities that agreed to buy less than 5% of the project's capacity.  Obviously that tiny revenue stream will not be enough to make the project economically viable.  And what is our government thinking providing a loan to a company without enough contracted revenue to repay the loan?  Is this some kind of taxpayer-funded charity for one of the richest Democratic campaign donors in the country?  Quick, someone call in the DOGE!!  The Grain Belt Express is the second costliest "conditionally approved" project on LPO's list.  We could save $5B (that's BILLION) by denying GBE's taxpayer funded loan guarantee.

But you know what's really galling?  GBE's biggest fan telling landowners to just give up and sign easements.
Although it may seem profitable for landowners to reject offers and hold out for 150% compensation, going to court may be costly and not worth the risk, said James Owen, director of Renew Missouri, a local clean energy nonprofit organization.
“I do not believe it is going to be in anyone’s best interest to challenge this in court,” he said. “They’re going to have to pay attorney fees on that. It’s going to be dragged out."
Owen is literally the LAST person a landowner should turn to for legal advice.  Who thought he made a credible source for landowners?  He should shut up and sit down because my experience has been that landowners find him to lack character.  And that's being nice (which is more than he deserves).  Don't need to slum in the mud with Owned.

​And let's end with this little blast from the past:
Picture
No customers, no project.
2 Comments

Grain Belt Express Revelations

1/19/2025

0 Comments

 
Picture
Grain Belt Express made several revelations last week at a Kansas legislative committee meeting.  It was quite apparent that GBE realized that the NIETCs severely damaged its reputation and project prospects in Kansas (and any other state where Invenergy is trying to build transmission).  Your complete opposition and swift action on the proposed NIETCs gave GBE a real black eye.  GBE is now rightfully terrified that the welcome mat is going to be yanked out from under them in Kansas.  With such a massive uprising of the people, GBE's golden reputation in Kansas may be waning.  YOU can do it again.  You know how, and you've got the numbers!  The world is your oyster, transmission opponents!

So, GBE showed up at a recent meeting of the Joint Committee on Energy and Water at the Kansas legislature and made an obsequious presentation about the failed NIETCs and how great its project will be for Kansas.  You still love them, don't you, Kansas?  Kansas?  Hello?  Somebody needs a hug!

Remember how Invenergy has been claiming (in multiple states) that its transmission projects had NOTHING to do with the NIETCs and that Invenergy did not request them?  I have been pushing back against that for months because it is a big, fat lie.  Of course Invenergy submitted requests for NIETCs for all the transmission projects it is developing.  DOE asked for suggestions of where to make corridors.  They didn't have a crystal ball.  Invenergy DID request these corridors that so upset and horrified thousands of landowners across the Midwest.  Invenergy admits it at minute 12:00 of its presentation.  Listen carefully.
When DOE first opened this program, we initially submitted applications for all projects in Invenergy's transmission portfolio to be considered.
Right, like I've been saying... Invenergy requested these NIETCs.  Later on, Patrick whines that DOE didn't provide adequate notification and landowners got quite ticked off when they found out.  Invenergy was a huge fan of hiding its NIETC requests from landowners, until they got caught.  Then Invenergy first requested that its corridor be narrowed to half a mile, and in November it says it asked DOE to remove the corridor in its entirety.  Let's see... that's about the time you all got cranked up about the corridors.  Invenergy knew it was beat and threw in the towel.  You did this!  Congratulations!  You have the power!

And one more thing before I get onto the real revelation DOE and GBE is trying to hide from you now...

While Patrick Witty gave the presentation and began answering questions, he made the fatal mistake of calling Brad Pnazek up to the podium to answer a question.  The bombastic Brad took over and it was quite a while before Patrick was able to wrest the microphone away from him at the request of a legislator.  It might not have mattered if our friend Brad wasn't a prevaricator of the highest order.  Remember when Brad "misspoke" at a DOE EIS webinar to say that GBE wasn't necessarily a merchant transmission project and had not yet decided how its project would be structured?  Once again, Brad did not disappoint.  I'm going to be frank with you... Brad has a penchant for making crap up if he thinks it will help his position.  Even when the lie actually matters little, Brad can't help himself.  

Brad told the committee that while GBE pays 110% of fair market value, other utilities only pay 90% of fair market value for their easements.  C'mon, Brad, this lie doesn't even make sense!  All utilities are required by law to pay 100% of fair market value for the easements they want.  He followed that lie by saying that while GBE is only going to use eminent domain on around 4% of the easements needed, other utilities use eminent domain for 20% of the easements needed.  This is ANOTHER made up fact.  Utilities usually take less than 5% of the land they need using eminent domain.  A transmission line that attempted to take 20% would be a public relations disaster of epic proportions (sort of like requesting NIETCs, right, Brad?).

Gotta wonder about Brad.  Is he someone's relative or a political favor?  I understand that the Peter Principle elevates employees to their level of incompetence, but it's not just incompetence here.  Brad just can't help making crap up if he thinks it would sound good (in his own head).  Take note!  He's a ticking time bomb.  Deploy as necessary.

Now let's get to the most important and urgent revelation...
The DOE has published the Draft EIS for Grain Belt Express and set a 45-day comment period.
That's right, Patrick just casually dropped that in his presentation and the press (and everyone but me apparently) missed it.

As you may recall, Grain Belt Express has applied for a $4.9B loan guarantee (of taxpayer money) from the U.S. Department of Energy.  As part of its intent to grant that loan, the DOE is required by federal law to perform an Environmental Impact Statement on the project so that its environmental effects can be made public and taken into consideration when deciding to grant the loan.  Of course, you may also recall that the DOE granted a "conditional" approval of GBE's loan in its panicked, mad dash for the exit after President Trump was re-elected.  DOE has been madly pumping out the taxpayer dollars to its favored companies and projects ever since November.  GBE's "conditional" approval is contingent upon the completion of the EIS.  So does this mean that the EIS is merely a pre-determined exercise at this point, where the report is written to bolster the already granted approval?  Why even bother?

An EIS has several steps that the federal government usually drags out for years.  The first step is Scoping, where DOE shows the project to the public and asks them what it should study.  The DOE engages in the widest notification it can to make sure impacted communities can be engaged to make comment.  The DOE held public "workshop" meetings and accepted a boatload of public comment back in 2023.  Then DOE published a Scoping Report to share what they learned.  

And since then... crickets.  DOE did nothing with GBE's EIS for two years.  Guess they thought they had all the time in the world...  and then the real world intruded.  Now it's apparently a rush-rush, hurry up emergency.  DOE has set the MINIMUM time frame it can get away with to accept comments on its Draft EIS.  You have only 45-days to comment from the date the notice was published in the Federal Register.  You read the Federal Register every day, don't you?  You don't?  Of course you don't!  So, how is that public notice?  Sure, it's available to the public, if you know where to look and your crystal ball lets you know it's there.  Where's all the notice to the public?  Last time, DOE did media and sent notices to landowners.  DOE has a list of people who commented on the scoping in their possession.  Where's the notice?  There isn't any.  Isn't that where GBE and DOE got in trouble on the NIETCs?  Lack of public notice is a serious issue.  How can you tell when your government is trying to pull one over on you?  Lack of public notification of its actions.  DOE has become a very shady agency during the past four years.  Isn't it time to clean house?  At any rate, your deadline to comment is March 3, 2025.  

The EIS is over 400 pages, and has numerous appendices.  You're supposed to read, digest, and comment on all this in less than 45 days, because the clock has already started ticking.  Ask your Senators and Representatives to demand that DOE not start its 45-day clock until it has notified all impacted communities, landowners and the people who commented on scoping.  It's going to take more than 45-days to notify everyone and by that time the comment period is over.  This deadline and lack of public notification is ABSURD!  An extension must be demanded.

And just like the NIETCs, lack of DOE notification doesn't prevent grassroots notification.  Spread the word!  Let everyone know about the Draft EIS and the upcoming public meetings where people can get more information and make oral comments.  The meeting schedule is here.

There are ONLY 2 meetings being held across the state of Kansas.  How far are you expected to drive in the dead of winter to attend one?  100 miles?  200 miles?  300 miles or more?  There's also just 2 meetings for Missouri!  Let your elected officials know that this is an inadequate number of meetings!

And here's something else DOE "forgot" to tell you... you can request your own personal copy of the EIS, whether electronic or on paper.  Each paper copy DOE has to send out costs GBE several hundred dollars.  Request your paper copy by emailing:  
[email protected]
Please also read the Federal Register Notice to scan for other information that DOE didn't include on its EIS page.

Also take note that the EIS is a public recitation of the environmental impacts of GBE, it not a pass-fail test that promises no impacts.  The federal government is required to make the environmental impacts of its action public and allow the public to comment on them.  If you notice things that DOE missed in their report, let them know.  If you think their conclusions are wrong, let them know.  If you think DOE didn't adequately study alternatives, let them know.  And, most of all, let the DOE know that you demand they select the "no action" alternative that means they don't grant the loan.

This is going to be a lot of work, but don't give up.  Remember how your participation in group action cancelled the NIETCs.  You activated your elected officials and their involvement was crucial to your success.  Like the shampoo bottle says... lather, rinse, repeat.
0 Comments

Invenergy Asks To Dismiss Illinois Landowner Suit

1/14/2025

0 Comments

 
Picture
As you may be aware, a group of Illinois landowners appealed a recent decision by the Federal Energy Regulatory Commission to somehow "continue" Grain Belt's Negotiated Rate Authority at the same time it granted completely new authority.  Of course, FERC can't do these completely opposite things at the same time.  The basis for Invenergy's intervention in the case and request to dismiss the case is that the Illinois landowners have no standing to bring the case because they have no interest in the outcome.
20241213_motion_gbx_to_dismiss_petition.pdf
File Size: 301 kb
File Type: pdf
Download File

The landowners responded to Grain Belt's weak motion, asking, "What's it to ya?"  Only Paul Neilan could write a brief with that phrase in it!  His response was engaging and spelled out exactly why the Illinois landowners had an interest to bring this case.  When GBE applied for its Illinois permit, it told the ICC that it had negotiated rate authority from FERC.  The ICC based their approval on that fact, along with others.  If it turns out that GBE did NOT have negotiated rate authority at that time, then that is grounds to have the approval thrown out and GBE would have to reapply.  Of course, GBE's bespoke legislation that allowed it to apply for a permit in the first place has expired.  Therefore, GBE would have to get new legislation passed in Illinois that allowed them to apply again.  Because what FERC did in the Order under review tried to say GBE had "continuing" negotiated rate authority when FERC also claimed to have reviewed GBE's request anew, what happens in the FERC case is pivotal to what happens in Illinois.  Even a dense person could see that the Illinois landowners have standing.  You can read a copy of the landowner's brilliant response here:
20250110_response_petitioners_to_gbx_mtd.pdf
File Size: 964 kb
File Type: pdf
Download File

GBE and FERC are caught between a rock and a hard place, claiming that FERC never needed to approve the sale of GBE from Clean Line to Invenergy under Sec. 203 of the Federal Power Act.  If that's true, then why didn't Invenergy notify FERC when it bought the project?

Neilan writes extensively about GBE's attempt to belittle Illinois landowners by calling them "A group of citizens who roam the country in search of governmental wrongdoing."  How disrespectful can you get?
GBX's Motion states that building an interstate transmission line across their properties does not constitute any “invasion of a legally protected interest.” (GBX Motion at 15). As GBX sees things, Petitioners’ objections to GBX’s likely condemnation actions, its subjection of Petitioners to forced sales of their lands, and its construction of its transmission line across their farms and properties are "purely academic concerns." (GBX Motion at 19).

GBX wants this Court to ignore the Illinois landowners' objections to GBX's entry on their lands because Petitioners’ objections are nothing more than "...general...moral, ideological or policy objection[s] to a particular [FERC] action" (GBX Motion at 15).

GBX’s contempt for the property rights of Petitioners would be bad enough if it stopped there. But having hit rock bottom, GBX begins to dig.  After omitting any mention of its need for eminent domain power and belittling Petitioners’ interest in avoiding forced sales of their properties, GBX tells this Court that Petitioners are a group of “…citizens who … roam the country in search of governmental wrongdoing." (GBX Motion at 3).

But it was GBX, not Petitioners, who lobbied the Illinois General Assembly for custom-tailored legislative changes to provide a glide path for its transmission line project. (Petitioners’ Initial Brief, at 21).

It was GBX, not Petitioners, who inserted in its custom-tailored legislation a route through the nine Illinois counties in which Petitioners’ farms and properties are located. (Petitioners’ Initial Brief at 22).

And it was GBX, not Petitioners, who sent minatory letters to Petitioners stating that, if they didn’t sell their property to GBX voluntarily, GBX would file an eminent domain lawsuit against them to take their property anyway.  See Exhibit B to this Response.

So GBX is partly correct: there is one party to this appeal who has been roaming across the country looking to pick legal fights with strangers. But it’s not Petitioners.
​
FERC’s unlawful order makes possible GBX’s exercise of the power of eminent domain against Petitioners. GBX’s plan to take Petitioners’ lands involuntarily and to build its high voltage transmission line across their properties presents precisely the kind of particularized injury that affects Petitioners in a concrete and personal way required for standing.  TransUnion LLC v. Ramirez, 594 U.S. 413, 424 (2021).
Someone is respecting landowners and their rights, and it's not GBE or FERC.  Let's hope the DC Circuit Court of Appeals can set things right again!
0 Comments

Welcome to Jefferson County, Gateway to Loudoun County's Wealth!

1/8/2025

1 Comment

 
Picture
Jefferson County is going to need a new slogan for roadside signs soon.  I suggest the above, maybe bolstered by some fine print... "All the electricity that makes Loudoun the wealthiest county in the nation comes through here first!"  What is Jefferson County getting from all this?  Homes and businesses taken using eminent domain, multiple huge new transmission lines of the highest voltage built in the U.S. in close proximity to our homes and schools, and higher electric bills.  What does Loudoun County get?  Data centers, lots and lots of new "economic development" data centers.  Loudoun County ended 2024 with a budget surplus of over $250M, thanks to all the data centers it has approved and built.  Loudoun County gets the gold, and West Virginia gets the shaft.  Again.

When are West Virginia lawmakers going to *wake up* and realize that we don't have to export the electricity generated here using our coal and gas resources?  We could use it right here to increase our own economic development!  Instead, we've been shipping the excess power we generate out of state so other areas can get rich using it to attract economic development like data centers.  Why not create incentives for data centers to locate here in West Virginia, right next to our existing generators?  West Virginia could finally start growing its own tech industry and use its plentiful resources to attract new business.  Data centers are hungry, hungry, hungry for steady, dispatchable electricity and promoting West Virginia as the ideal location for new data centers is win-win for West Virginia.  Exporting our electricity to Loudoun County over huge new high-voltage extension cords is lose-lose for West Virginia.

Yesterday, PJM Interconnection's Transmission Expansion Advisory Committee met for more than 4 hours.  A handful of intrepid electric ratepayers and citizens attended to make comment and ask questions.  At the end of the day, PJM stuck with its previous recommendation to order and build another new transmission line through Jefferson County.  Last year, PJM ordered the building of a different transmission line through our county.  Over the past two years, PJM has ordered two new major transmission lines crossing through Jefferson County on their way from West Virginia coal-fired generation stations to Loudoun County's data centers.  Yesterday, PJM informed us that it will be opening two more bidding windows in mid-2025 to solicit even more power lines for Virginia's data centers.  PJM is having trouble keeping up with Virginia's data center demand, and the only place with available power left is West Virginia.  Funny that Virginia hates our coal-fired power stations, and Virginia is on target to meet its VCEA requirement to reduce its carbon emissions to zero by 2045, but Virginia has no problem at all importing more and more coal-fired electricity to use in its data centers and pretending they're still meeting their environmental goals because it is not generated in Virginia.

The project PJM will be recommending to its Board of Managers for approval is a new 765kV transmission line beginning at the John Amos coal-fired power station in Putnam County, and crossing 14 West Virginia counties on its way to data center alley (Putnam, Kanawha, Roane, Calhoun, Braxton, Lewis, Upshur, Barbour, Tucker, Preston, Grant, Hardy, Hampshire and Jefferson) 3 counties in Virginia (Clarke, Frederick and Loudoun) and end in Frederick County, Maryland at a new substation south of Point of Rocks. If you want to see maps of where this project will be routed in Jefferson, find them here.  Here's PJM's awful maps and listing of the project's components.
​
Picture
new_path_765.pdf
File Size: 1024 kb
File Type: pdf
Download File

PJM's awful maps are insisting that the "new PATH" project will be constructed on "existing ROW or parallel to existing ROW" indicated by the pink line on the map.  Elsewhere in PJM's presentation was the statement that the new 765kV development would require 100% new right-of-way.  That's right... the new PATH will require a completely new 200 ft. wide right-of-way (ROW).  PJM and the new PATH sponsors are trying to pretend that they can create a new 200 ft. wide ROW directly adjacent and parallel with the existing transmission line corridor in Jefferson County.  PJM believes there is value and risk reduction in a parallel line siting.  That might be true, if there was actually land available parallel to the existing ROW, but there's not.  The existing ROW is lined with homes, schools, businesses and even new solar farms.  A new 200 ft. parallel ROW will destroy everything in its path.  For this reason, I insisted that PJM at least draw its "new PATH" correctly on its awful, out of proportion map as a new greenfield corridor.  PJM refused.   We can't even get a little honesty.

Who is PJM fooling?  Not us!  PJM is trying to fool its Board of Managers by telling them that nobody will mind this new 765kV transmission line and that it won't be taking any new land.  PJM thinks this will make the Board more likely to approve this project as non-controversial.  We're not going to let that happen, but that's another blog post coming soon -- writing to PJM's Board of Managers to insist they deal with the truth about this project.

As part of its creation of its new transmission plan, PJM is required to create a "Constructability and Financial Analysis Report" for the proposed projects to present to their Board when seeking approval.  PJM's Constructability Analysis is a complete joke!  The report starts out by detailing the "Approach", or method, of performing this study.
constructability_analysis_approach.pdf
File Size: 188 kb
File Type: pdf
Download File

The approach calls for PJM to do an "in-depth" review of each project's ROW acquisition, land acquisition, and siting and permitting requirements, among others.  As part of this, PJM is required to do a "desk top" investigation of each project's land use mapping (using actual maps!) to include:
  • Residences within 100 feet (count)
  • Residences within 250 feet (count)
  • Land zoned conservation (acres)
  • Public land (acres and count)
  • Number of parcels crossed
  • Listed and eligible historic structures
  • Listed and eligible historic districts
  • Listed and eligible archeological sites
These are just a few of the things that must be studied as part of this Constructability study.  Did PJM do that?  No, they didn't.  PJM simply copied the narrative written by the project sponsor in its bid for the project and turned a blind eye to the actual impacts of this "new PATH" 765kV transmission line.

Here's what PJM's Constructability Study concluded about the project:
constructability_report_excerpts.pdf
File Size: 338 kb
File Type: pdf
Download File

There's absolutely nothing in there about any of the development bordering the existing corridor they want to expand.  Perhaps if it doesn't have to acknowledge the destruction of Jefferson County's built community, then PJM can continue to believe that a parallel siting is somehow less risky than a new line somewhere else.
Picture
PJM negligence becomes even more glaring if you read the analyses of the other projects that were not selected.  Some of these other projects have very detailed narratives of how they will affect the built community.  Read it for yourself (full report).
Here's just a couple examples that caught my eye:
  • Page 77 - expansion of ROW would include residences that would "show great opposition."  (Expansion of ROW in Jefferson would include residences, but no mention).
  • Page 64 - mention of historic government and landowner opposition (Jefferson did this with original PATH, but no mention).
  • Page 73 - mention of "affluent community" that would oppose the project.
  • Project #286 is drawn as a greenfield (new ROW) project although its narrative says it is paralleling existing ROW its whole route.  (Compare to Jefferson being drawn as "using existing ROW.")
  • Project #967 was evaluated tower by tower to determine what was adjacent to the existing ROW.
  • Concerns about certain projects because they would be 200-300 miles of 500 or 765kV towers, therefore eliminating those projects.  (New PATH is 261 miles of 765kV towers but was not eliminated).
  • PJM used proposed NIETCs as a factor in its evaluation (projects in NIETCs were preferred).  The NIETCs were cancelled December 16, but the report was not updated to reflect.
PJM also evaluated these projects based on the proposer's experience building similar lines.  In its report, PJM said that FirstEnergy (proposed owner of new PATH) passed this test.  When I questioned PJM about what 765kV lines FirstEnergy has ever owned or built, PJM said they were actually using the experience of another company, Transource (an AEP affiliate).  When asked how many 765kV lines Transource has ever owned or built, PJM again came up empty.  Ditto on Dominion.  The ONLY utility with this experience in the country is American Electric Power (AEP), parent company of Transource.  PJM's constructability analysis is not based on reality and has enough holes in it to drive a truck through.  The truth is that PJM simply FAKED this report based on biased information it was given by the project sponsors and didn't perform any analysis at all.  If this isn't true, then PJM is encouraged to produce the desktop study with all the required data and make a liar out of me.  PJM's Constructability Report is pure, unadulterated CRAP.

I also questioned PJM about whether the "new PATH" project was actually competitively bid.  Since 2011, FERC has required regional grid planners like PJM to open competitive bidding windows when it needs new transmission projects.  The idea is that utilities will compete with each other to create the best project at the least cost.  Bidders often include "cost caps" and other financial considerations that limit the costs to consumers.  PJM has been running these bidding windows for around 10 years now.  The big investor owned utilities did not like these windows because they don't want to have their profits limited by having to compete for projects.  So, the utilities started building smaller, local, supplemental projects that did not have to be approved by PJM as a way to avoid competition.  Because of this, there were pretty much no opportunities to build new transmission using competitive windows.  Therefore the utilities did not have to compete.  If you try to thwart the deep rooted greed of investor owned utilities, they will eventually find a way around whatever roadblock you construct. And now they have figured out a way around PJM's competitive bidding window.  The three biggest utilities in PJM got together ahead of time and came up with a scheme to limit competition and increase profits with their joint bid into this window.  FirstEnergy, AEP's Transource, and Dominion submitted "joint proposals" that did not have any cost caps or financial considerations for ratepayers.  If they didn't have to compete with each other, then they could score a project with an unlimited price tag.  Of course, this kind of behavior to limit competition and fix prices is what's known as a cartel.  Once the three utilities had their project selected, they have now decided to create a shell company "joint partnership" to own the projects because PJM cannot award a project submitted as a joint proposal to individual companies (that would violate FERC's rules!)  Reality is that this "competitive" window was illegally controlled by a cartel.

Last month, I sent an email requesting that PJM come to Jefferson County and give us a presentation about what it is they do so we can find out about their processes.  This was in response to a disparaging comment one of the PJM staff made to a Jefferson County citizen, telling her to "get a basic education" before asking questions at the TEAC.

This month, PJM came prepared with a long list of online "resources" that we can use to educate ourselves.
pjm_resources_for_education.pdf
File Size: 791 kb
File Type: pdf
Download File

I again requested that PJM give us an in-person presentation, hoping that a meet and greet would help PJM get over their disdain for the ratepayers they serve.  PJM said it had not "ignored" my request and that they were busy creating some video tutorial.  I'm not going to hold my breath waiting for it.  And PJM never took one second to respond to my email to let me know they were doing something.  So, it is true that PJM IGNORED my email.  

All that aside, PJM owes us more than a bunch of links to dry, boring crap written by engineers.  We are situated in the middle of the only area in PJM that has been targeted for TWO enormous new transmission lines.  We share our pain with Frederick and Loudoun Counties, Virginia and Frederick County, Maryland.  Why is PJM refusing to explain themselves to communities so profoundly impacted by what they do?  It would probably be more educational for PJM to find out that we're people just like them whose lives are going to be destroyed.  Is PJM so terrified that it might find a little respect and sympathy in its cold, dead heart?  I believe that a little empathy is needed to help PJM remember who it works for so it can do its job a little better.  Want to ask PJM to come to Jefferson County and explain itself?  Send your request to [email protected] and [email protected].

PJM's Board of Managers will be meeting to consider this "new PATH" project, along with other new projects, at the end of February.  We're going to need everyone to send them a letter pointing out all the things that PJM's TEAC got wrong when studying and awarding these projects.  More on that soon!


How many new high-voltage transmission line projects through Jefferson are acceptable?  One?  Two?  More?  The time has come to take action!
1 Comment
<<Previous

    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.


    Need help opposing unneeded transmission?
    Email me


    Search This Site

    Got something to say?  Submit your own opinion for publication.

    RSS Feed

    Archives

    June 2025
    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    April 2010
    March 2010
    February 2010
    January 2010

    Categories

    All
    $$$$$$
    2023 PJM Transmission
    Aep Vs Firstenergy
    Arkansas
    Best Practices
    Best Practices
    Big Winds Big Lie
    Can Of Worms
    Carolinas
    Citizen Action
    Colorado
    Corporate Propaganda
    Data Centers
    Democracy Failures
    DOE Failure
    Emf
    Eminent Domain
    Events
    Ferc Action
    FERC Incentives Part Deux
    Ferc Transmission Noi
    Firstenergy Failure
    Good Ideas
    Illinois
    Iowa
    Kansas
    Land Agents
    Legislative Action
    Marketing To Mayberry
    MARL
    Missouri
    Mtstorm Doubs Rebuild
    Mtstormdoubs Rebuild
    New Jersey
    New Mexico
    Newslinks
    NIETC
    Opinion
    Path Alternatives
    Path Failures
    Path Intimidation Attempts
    Pay To Play
    Potomac Edison Investigation
    Power Company Propaganda
    Psc Failure
    Rates
    Regulatory Capture
    Skelly Fail
    The Pjm Cartel
    Top Ten Clean Line Mistakes
    Transource
    Valley Link Transmission
    Washington
    West Virginia
    Wind Catcher
    Wisconsin

Copyright 2010 StopPATH WV, Inc.