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Misdelivered Mail From The Great Beyond

10/9/2021

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The GBE propaganda from Invenergy is getting pretty thick on the ground.  One landowner received this mailer yesterday, along with a 60-day notice to sign an easement or else eminent domain may be used.
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Does Invenergy really think this landowner is going to visit their little website to share why they support having their property taken by eminent domain in order to make way for a speculative transmission project that has no customers?  I continue to ask... what's the point of wasting millions of dollars on garbage mailers, radio & TV ads?  The whole thing is whack and can only work in the mind of Invenergy's PR hucksters.  Sort of like "Positive Energy."  Did the same team that was responsible for that PR disaster think up this one?  Looks like it to me.

Invenergy even has the wrong address for this landowner in its files and keeps trying to send notices to an address that hasn't been used for more than a decade.  Speaking of wrong addresses, a couple of responses to GBE's advertising binge that asks recipients to visit a website to share why they support GBE seem to have been delivered to the wrong place.  Perhaps their delivery got scrambled on the way from the great beyond?  I think I'll forward them to GBE via this blog, since GBE is one of my biggest fans.
Dear GBE, 

Here’s the thing… I don’t support you. I think you are an opportunistic thief without a moral compass. I would never treat people that way. Don’t compare yourself to me. I made millions smile, but you have made millions cry. Your hundreds of threats of eminent domain to take private property has turned Missouri into The Unhappiest Place on Earth.

Never yours,
Walt Disney
Rolling in my Grave

Hello Folks!

When it comes to disaster for Missouri, we've got a lot in common!  I may have turned a whole town into an environmental disaster, but you da man, turning an entire STATE into an environmental disaster! 

I support Grain Belt Express because of its potential for both environmental and financial disaster for Missouri.  We disasters gotta stick together!

At first, everyone thought I was harmless, but when I got sprayed all  over the place to control dust, it soon became apparent that I was a bad idea, much like you.

Times Beach would be a great place to build GBE.  The landowners there no longer mind.

Love,
Dioxin Contaminated Motor Oil
Former Superfund Site

Dear Grain Belt Express,

I was once quoted as saying, "Our job is only to hold up the mirror - to tell and show the public what has happened." 

When the mirror is held to GBE, I'm afraid it looks like a speculative energy project without enough customers that is having way too much fun playing with its new eminent domain toy unwisely gifted by a misguided, and perhaps biased, politically-poisoned institution.

Last time I checked you didn't have enough commercial interest to make your transmission project economically viable.  But yet you seem to be in a big, big hurry to take land for a project you can't build.  Is there something else going on here?

Please stop using my name in your insultingly facile advertising.  As the former "most trusted man in America", I do not support you.

And that's the way it is,
Walter Cronkite
Reporting from the Great Beyond

Rumble, tumble, Invenergy!  You shake things up more than I do, and not in a good way.  That's why I support the Grain Belt Express!

Sincerely yours,
New Madrid Earthquake
Soon to be Born Again if They Keep Pumping Things Deep Underground

To Whom It May Concern,

On the off chance that your misguided advertising campaign actually produces more than a handful of self-interested "supporters," I advise that whenever you find yourself on the side of the majority, it is time to pause and reflect.  But I don't think you'll get much of a response from the Missouri people.  They know manure when they smell it.

I propose a grand deal... if you don't find any new supporters, then you abandon the Grain Belt Express.  What do you say?


In the first place God made idiots. This was for practice. Then he made public relations hacks.

The more I learn about people, the more I like my dog,
Samuel Clemens (my REAL name)


Sirs:

A competent leader can get efficient service from poor troops, while on the contrary an incapable leader can demoralize the best of troops.

You have demoralized the people of Missouri with your selfish, greedy scheme.

General John J. Pershing
No Longer At War In The Afterlife

Lovely, Contentious, Disastrous GBE,

We support you and look forward to adding you to our repertoire.

All the best,
Fire, Disease, Flood, Bad Weather and Pestilence, Inc.

Dear Invenergy,

Stop it!  You're making things tough on us.  We need the cropland you're taking out of production to stage our own disasters.

Not a fan,
Plague of Locusts

Hey Hucksters,

You don't really think people are going to go out of their way to support massive eminent domain takings across Missouri so that you can build a power line without any clear benefits for Missouri, do you?  Your "Way of the American Genius" campaign is a ship without a rudder.

What are you going to do with your manufactured support?  Push it under the noses of Missouri utilities and hope they see the light and sign up to become your customer?  Don't you know that utilities want to build and own infrastructure of their own because it's highly profitable?  Should Missouri close its own electric generators that employ thousands in good-paying jobs and replace them with energy imported from other places?

Or is this campaign just cover so you can make up "supporters" and then try to leverage your kingdom of make-believe for political purposes?

Failure looks good on you,
John Q. Public
Scanning a QR Code Because I Have Nothing Better To Do
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Kleptomania

10/6/2021

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Grain Belt Express has finally filed a condemnation case in Missouri.  It wants to
...condemn land and interests therein for any public use or purpose, and to acquire perpetual easements in, over, and across lands in which defendants have an interest, together with rights of ingress and egress to said lands.
Here's the gory details
The property interests and easement rights which Plaintiff seeks to condemn and are necessary for the Project include and are described as follows:
rights to develop, permit, construct, reconstruct, repair, improve, alter, replace,
operate, use, inspect, maintain and remove a transmission line, which transmission
line may include poles, towers and structures, such wires and cables as Grain Belt
shall from time to time suspend therefrom, foundations, footings, attachments,
anchors, ground connections, communications devices, and other equipment,
accessories, access roads and appurtenances, as Grain Belt may deem necessary or
desirable in connection therewith and to study or inspect in preparation therefor,
including survey, soil sampling, geotechnical evaluation, environmental tests,
archeological assessments, and transmission and interconnection studies. The
permanent rigbt-of-way may be used for the transmission of electrical energy and
for communication purposes, whether existing now or in the future in order to
facilitate the delivery of electrical energy. The easement rights include the nonexclusive
right of ingress and egress over the Easement Property itself in order to obtain access to the permanent right-of-way,
and over the Defendant's property adjacent to the Easement Property and lying
between public or private roads. Grain Belt shall, without being liable for damages,
have the right from time to time, including after the initial construction of the
transmission line, to clear the Easement Property of any improvements or other
structures to the extent that they interfere with Grain Belt's use of the Easement
Property as described herein, except fences (provided Grain Belt shall at all times
have access through any such fence by means of a gate); control, cut down, trim
and remove trees and underbrush from the Easement Property; and cut down and
trim any tree encroaching upon the Easement Property or the transmission line that
in the reasonable opinion of Grain Belt may interfere with the safety, proper
operation and/or maintenance of the transmission line.
What for?
...to construct and maintain a high voltage, direct current transmission line and associated facilities commonly referred to as the Grain Belt Express Project.
Yeah, well, I'm betting it has a more common name, but I don't use such language here.

But GBE says this won't be burdensome to the landowner

The use of the foregoing Property Interests, including any expansion of its facilities within the Easement Property by Plaintiff, upon condemnation thereof, does not impose an
unreasonable burden or impact on Defendants' property or Defendants' activities thereon, and
Defendants shall retain the right to use the Easement Property in any manner not inconsistent with the rights of Plaintiff described herein, including use of the Easement Property for agricultural or other similar purposes.
So, what happens next?  The Court
Appoint[s] three disinterested residents of Buchanan County, Missouri as the Commissioners to ascertain and assess the damages, if any, that the Defendants may sustain and the just compensation, if any, to which they may be entitled by reason of the appropriation of the Easement Property and
Property Interests;
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It could get expensive.

But why now?  GBE says it needs to take this property NOW to construct a merchant transmission line that only has one known customer.  If GBE does not have enough customers to create a revenue stream adequate to pay its costs to build and operate, then the project will not be built.

Why would any court authorize a taking for a speculative project?  If GBE doesn't find enough customers, the line won't be built and it will have acquired property that is NEVER put into public use.  This may keep lawyers in Missouri busy for years to come...

Is this what the Missouri Public Service Commission envisioned?

What if you build it and they don't come?
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Hubris is a Renewable Resource

10/6/2021

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...a wise man once said.

I guess Invenergy is expanding its renewable resource portfolio then.  What else explains this:
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Yes, right there in North Missouri the locals are going to erect a new Mt. Rushmore to their homegrown heroes.  Mark Twain, J.C. Penney, Walt Disney... and... Michael Polsky?  Don't hold your breath, Mikey, old boy.

First off, these three are from Missouri, born and bred.  Michael Polsky is not.  Invenergy isn't even a company based in Missouri.  Its headquarters are in Chicago.

What the heck, Invenergy... "our legacy"?  Invenergy has no legacy in Missouri, aside from the absolute misery it has put thousands of landowners through over the past decade trying to build a merchant transmission project that doesn't have enough customers to be viable.

Invenergy has no "legacy" as a genius, American or otherwise.  It's a company.  It's not human.  It has no brain of its own.  The real heroes that Invenergy used in its latest round of shameless propaganda were actual real people who did things to entertain or sustain people.  They didn't take private property from Missourians to fill their own pockets.

Does the crackpot PR team at Invenergy headquarters really think this kind of trash is going to impress "the locals"?  It's more likely to just... well... piss them off.

Besi menya.

Invenergy has been busier than a well-funded political candidate mailing out the oversized glossy card stock ads that fill everyone's mailbox in the run up to election day.  Ya know what happens to all that stuff?  Right in the trash can.  Nobody reads it.

But what if they did?  Would some random person who got one of these glossy ads in their mailbox really take the time to go to a website and tell them why they support something they know nothing about?  Not.  Happening.

Ya know... I'm going to take a guess here that the only people who sign up may be the dead and gone Mark (who had a real name that all Missourians know), J.C. and Walt.  In fact, it wouldn't surprise me if they signed up many, many times over the coming weeks and told Invenergy just why it is that they support the taking of private property for corporate profit.

Invenergy missed the boat though... Maya Angelou might have been a better choice of native Missourian.  They could have even quoted her...
I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.
Invenergy makes Missourians feel pissed off.
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Who's Ready For Another Round of Permit Whack-a-mole?

9/23/2021

1 Comment

 
Let's take a look at the Grain Belt Express shenanigans that have transpired while I was on blogging break...

Perhaps the most significant thing is the way Invenergy wormed its way into a crucial energy bill in Illinois.  Illinois was facing the closure of numerous baseload nuclear generators that were no longer financially efficient to operate, but could cause reliability issues if closed.  It's never just about the issue at hand when legislation is created  to fix a particular problem, though.  Instead, all the grifters showed up to cut themselves a huge piece of the energy $$$ pie, tagging their particular want onto a piece of legislation that was needed.  Before you knew it, Illinois had created a monster energy bill, with plenty of money to be had for all the players who could afford entry to the party.  And, of course, Invenergy used the legislation as a vehicle to favor Grain Belt Express in the state.

Remember all that blather about not changing the law to impede a project that was already under development?  Well, apparently that does not apply if the changed law BENEFITS a project already under development.  Missouri was prevented from changing its laws because Invenergy didn't like the change, but Illinois was encouraged to change its laws because Invenergy liked the change.  What's the change Invenergy inserted into the Illinois energy bill?  It granted Grain Belt Express eminent domain authority to take property in nine Illinois counties.  Not only that, it also requires that the Illinois Commerce Commission make certain findings "if demonstrated in the application" and "without the taking of additional evidence."  So, now the Illinois legislature is dictating the decisions a supposedly independent regulatory body will make?  And it is removing due process for other parties who may participate in the regulatory process?  Who knows if this is even legal... I'm sure it will end up in the courts at some point.  Seems like a stretch to me.

So, GBE got what it wanted in Illinois.  I'm sure it's busy scribbling its "demonstrated" application as I write this.  Does anyone know where I can get a kangaroo to bring to the public hearings?

Meanwhile, GBE has been busy trying to be liked in Kansas and Missouri by sprinkling a little money around.  I had a dream last night that sort of went something like this:

*Insert Wayne's World dream sequence music here*
                  *Diddly-doo, diddly-doo, diddly-doo*
Citified PR Person:  These local yokels think it's fun to gather at the end of the growing season and throw big festivals that they call "fairs" to display the things they have wasted their time growing over the past year.  They give out awards and everything!  Here's where we come in:  The locals auction their projects off for money at the end of the festival.  It appears that purchasing one of these food things garners great respect for the purchaser.  Our idea is to have GBE bid on these things!

Executive:  Why would we have to compete to own one of these animals?  Can't we simply take it from the local using eminent domain?  Besides, what do we want with farm animals?  I can't keep those kinds of animals at my home in Chicago.

Citified PR Person:  Well, sir, it appears that the locals send these animals to the butcher and then feed off their flesh over the winter.  Also, our eminent domain authority does not cover the taking of farm animals, however, if you want that changed I'm sure it can be done, but maybe not as cheaply as buying a cow.

Executive:  *screams*  That's barbaric!  I demand allegiance from state legislatures everywhere!  Besides, everyone knows that meat is manufactured at supermarkets, not created by killing things. And you must know that eating meat is causing climate change.  Everyone must stop eating meat in order to save the planet!

Citified PR Person:  I was prepared for that... so I also have another option.  Sometimes they auction off vegetarian options, such as pies.  But pies don't cost as much or earn as much respect for the purchaser.

Executive:  I like pie!  But you may also purchase animals for the express purpose of disposing of them in order to end their planet-warming flatulence.  Here's $10,000.  Now go forth and buy some goodwill.
Wow, I need to find a sleep aid that stops such crazy dreams!  But GBE did manage to purchase a stunning array of farm critters at fairs across the region, however that decision was actually made.  Maybe Polsky can potty train a few and make them into family pets?  I'm just wondering what purpose Invenergy sees in trying to be liked.  It's not like purchasing animals at fairs will change the mind of any landowner to voluntarily sell a transmission easement.  So, what's the purpose of trying to buy favoritism with everyone else?  Invenergy must have some scheme in the works, because it is also trying to manufacture likeability by sending out pointless propaganda in the mail.
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Genius?  Sort of like Positive Energy?  I'm pretty sure the only people who care about GBE have already joined their neighbors... in opposition.  What's the point, Invenergy, what's the point?  What if you threw a party and nobody came?

GBE has also been busy making political contributions in Missouri.  What's next?  Special jackets for legislators with "Invenergy" embroidered on the lapel?  Hey, maybe they can hold a legislative barbecue to dispose of all those unwanted farm animals they purchased at the fair!  Whatever....

It's apparent that GBE still doesn't have enough customers to make its project economic, or it wouldn't be trying so hard.


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How would a new application in Illinois change things?  It would bleed Invenergy of even more cash trying to get GBE approved, that's for sure.

What if Invenergy stopped throwing good money after bad and re-imagined its project into something everyone didn't hate?  What if it could build a transmission line that didn't require eminent domain, and contentious siting battles?  It could if it went back to the drawing board and routed its project underground on existing rights of way.  Other developers have been smart from the start, and feel confident that the additional costs to bury will be offset by avoiding legal and regulatory battles caused by opposition, as well as avoiding costly project delays.  That business plan is a win for everyone!  Do you suppose Invenergy (and before them Clean Line) has already spent MORE trying to build above-ground transmission on new rights of way using eminent domain than it would have spent designing a better project in the first place?  It's never too late to do the right thing.
1 Comment

Shenanigans and Malarkey

7/15/2021

2 Comments

 
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Just like unsupervised children, our elected representatives get up to all sorts of hijinks when left unsupervised in Washington, D.C.  What have they been doing lately that you should care about?

A "bi-partisan" energy bill was reported out of the Senate Energy and Natural Resources Committee yesterday.  This proposed legislation, hundreds of pages long, does two things that may affect you personally.

Ranking Senator John Barrasso took issue with these two provisions.  His statement is available here.  Bravo, Senator!

Title I, Section 1005, allows the Federal Energy Regulatory Commission to site and permit an electric transmission project in the event that a State Utility Commission rejects or denies an application.  It usurps state authority to make the decision.  Just like the dreaded eminent domain authority, it demands that a state "voluntarily" approve the project, or else FERC will do it for them.

On this provision, Barrasso stated:
“To that end, the bill would empower the federal government to override states’ decisions on the siting of high voltage electric transmission lines. 
Last week, the president of the National Association of Regulatory Utility Commissioners, wrote to this committee saying: ‘this new provision simply gives the state an ultimatum: ‘Approve the project or FERC will approve it for you.'

At a minimum, a change of this significance should be the subject of its own hearing before this committee." 

Sen. Roger Marshall from Kansas proposed striking this offensive provision, but his amendment failed on a party line vote.

Also, Title I, Section 1007, requires that the Secretary of Energy to enter into capacity contracts for service on transmission lines.  It's not that the Secretary is going to use this capacity for delivery of energy, it's that the Secretary is going to pay for the capacity and then try to resell it to others.  The Secretary is going to use your money to financially support transmission projects that are so unnecessary that they cannot find any customers to use them. 
...the Secretary shall seek to enter into capacity contracts that will encourage other entities to enter into contracts for the transmission capacity of the eligible project.
Say what?  If an entity wanted to enter into a contract, it would do so.  It doesn't need "encouragement" from the Secretary of Energy to take a white elephant off its hands.  The legislation presumes everyone will step up to want a contract after the Secretary gets one.  Sorry, transmission capacity is not Tom Sawyer's fence.  What happens when no one is "encouraged?"  Well, looks like the Secretary is stuck holding the hot potato... for 40 years... paying for transmission capacity nobody uses.  Yes, it's as dumb as it sounds.

Senator Barrasso's take:
“This bill also gives the federal government the authority to buy electric transmission capacity. 

There is no shortage of private sector investment in transmission capacity. 

There is no reason to make the federal government a transmission buyer or seller. 

Au contraire, Senator.  There's 200 million reasons for this stupid, expensive and pointless provision.  One reason for every investor dollar Michael Skelly* wasted on his Clean Line projects that failed because he couldn't find any customers to buy capacity.  Skelly solves that problem by requiring the Secretary to buy his unneeded transmission capacity so that his unnecessary transmission projects can financially support themselves on the taxpayer dole.  It's pure subsidy for absolutely no reason at all.  A merchant transmission project, like Skelly wanted to build, is a market based project.  If there is market for a project, it will find customers, and the amount of its profits are set by the market.  Creating artificial market demand through captive, taxpayer-funded contracts does not create an actual market.  It only creates the proverbial "bridge to nowhere" while filling Skelly's pockets.

Sen. James Lankford from Oklahoma proposed striking this ridiculous provision from the legislation, but his amendment also failed on a party line vote.

If you like these provisions and their effect that could ram a transmission line down your throat and across your property, you need do nothing.  If, however, you object, get vocal.  Contact your Senators.  Contact Senators Barasso, Lankford and Marshall.  Contact NARUC.  Contact your state public utility commission.  Let them know these provisions are completely unacceptable, and why.  These people/organizations would probably agree with you.  Please let them know you are standing by to take further action and ask them how you can help.  This legislation must be defeated!
*And you won't believe what Michael Skelly is up to lately.  More on that later...
2 Comments

Grain Belt Express Moving Forward With Eminent Domain Threats

6/29/2021

1 Comment

 
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There, fixed the headline of this awful article on NPR that proclaims, "Grain Belt Express Moving Forward With Land Purchases."  How is it that this reporter gets everything wrong?  And I do mean everything.  I'm not sure there's even one sentence in this "news" article that is factual.  It's nothing but Invenergy's propaganda, and this lazy reporter bought it hook, line and sinker.  He did not talk to any other sources to verify any of the information he was given.  Did he learn that at journalism school?  Did he even earn a degree in journalism?  Or did he get a degree in political schmoozing?  Did he develop the lazy habit of simply reprinting corporate propaganda because it was quick and convenient?

Here's where the facts don't support the narrative in the article:
A project to generate electricity using wind turbines in Kansas and distribute the power in the Midwest and east coast is moving forward.
Invenergy has purchased nearly half of the land it needs in northern Missouri for the construction project that will begin in earnest in 2023. All of those deals have been the product of voluntary negotiations with landowners willing to sell, according to the company, although Invenergy could have used eminent domain to acquire the land.
Moving forward?  What does that even mean?  It's not fully permitted, it has no interconnection agreement to connect to the rest of the grid, and it has no customers.  It's been that way for pretty much the last decade.  It's not moving anywhere.

I seriously doubt that Invenergy has purchased nearly half the land it needs in northern Missouri.  Qu'est-ce que c'est "nearly," Invenergy?  Wasn't it something like 45% of the land in both Kansas and Missouri in Invenergy's recent letter to landowners (with nearly all of it in Kansas)?  So, 45% is "nearly" half?  Nearly only counts in horseshoes and hand grenades, Invenergy.  Did Invenergy really make this claim, or did the reporter misunderstand the information he was given and Invenergy hasn't bothered to correct him because they *like* the misinformation being presented?

What is "earnest" construction?  Is that unlike GBE's current quasi-construction on property purchased outright in order to avoid time and other constraints placed on its permit by the MO PSC in order to "protect" landowners?  Invenergy is currently engaged in apathetically building a bridge to nowhere.  Fact:  Invenergy won't be building anything anywhere until it is fully permitted, has interconnection agreements, and enough customers to make the line economic (GBE's loss leader pricing to Missouri municipalities doesn't count).

Voluntary?  Didn't use eminent domain to acquire land? 

***BREAKING NEWS FLASH for Reporter Ahl***

Invenergy has been sending a vaguely threatening letter to all landowners who refuse to sign.  It says
In certain circumstances, for example when landowners have stated their intention not to
engage in a voluntary negotiation process or have repeatedly refused attempts to be contacted by the Project, the only option available to Grain Belt Express is to pursue a legal proceeding for right-of-way acquisition. Missouri law requires landowners be notified in writing no less than 60 days in advance of the intended initiation of any right-of-way acquisition legal proceeding. Kansas has no prior notice requirement, however the Project intends to inform landowners prior to beginning any legal proceedings. To be clear, this letter is being mailed to all landowners for informational purposes and does not constitute such notice.
That sort of looks like a threat of eminent domain action to me.  I suspect that's Invenergy's intention as well.  You can take your "voluntary" and "willing to sell" and line the manure pit with it.  Landowners are being coerced to sign agreements under threat of eminent domain.

And if that's not factual enough, perhaps Ahl might be interested in one of the actual 60-day condemnation notices being sent to "selected" landowners?  These notices say:
If we are not able to come to terms on an easement agreement within 60 days of this letter, Grain Belt intends to file a condemnation action regarding the referenced property.
Any easement acquired as the result of this letter is in no way a voluntary action by a landowner willing to sell.  It's just another threat, this one more ominous.

Will Invenergy actually file on day 61?  We haven't quite gotten there yet, and the letter only says it will file, not when.  Both letters also sort of insinuate that the condemnation filing ends negotiations and sets the price.  In my experience, the condemnation filing was only the beginning of serious negotiation to acquire property.  The condemning entity would most likely rather not have to engage in the whole process and be willing to settle just to prevent a price for your property being set by a board of your landowning neighbors.  In fact, the letter itself says:
As it relates to the proposed acquisition, under the Missouri law, you have the right to:

b. Make a counteroffer and engage in further negotiations;
The list of landowner rights after condemnation is filed are required to be included in the letter under state law.  Landowners have plenty of leverage and can settle at any time, not just before condemnation is filed.  Maybe Invenergy isn't going to make condemnation filings until some time down the road when it has county assents, a permit in Illinois, interconnection agreements, and customers to pay for the project?  I dunno... just trying to apply a little logic because Invenergy's land acquisition cart is way ahead of its project pony.  I wonder why Invenergy is so interested in signing "voluntary" easements  for a project that is years away from actual construction?  Something smells here...

Maybe it's this?
The issue could come up again next year, but Luckey said the company isn’t concerned with that, as Invenergy is open to talking with lawmakers.
“It’s about coming to the table and letting them know we respect their point of view and the constituents they represent,” Luckey said. “We want to be a partner with them, and we are going to continue education and outreach with citizens and lawmakers.”
Coming to the table with legislators and playing a little footsie?  Respect must be earned.  Everyone knows those legislators are not acting in the best interests of their Missouri constituents, but in the interest of an out-of-state company's profits.  Missourians will vote accordingly.

And then there's this bold faced lie:
Luckey said linking the Grain Belt Express to the power grid could have helped avoid the massive power outage Texas experienced in February.
“The line would have made it possible to import substantial amounts of excess electricity to supply from other regions to address those outages,” Luckey said.

Except Texas has its own grid that is not connected to the rest of us.  They like it that way so they can control their own energy policy and avoid federal meddling.  Texas can't import anything from Grain Belt Express or anyone else, and that's not going to change. 

And let's end with this, which indicates that Invenergy's broadband promises may be going the way of the monopole... just an empty promise that falls to the wayside in order to increase Invenergy's profits.
Invenergy also lists benefits to Missouri including  the possibility of using the infrastructure to improve broadband internet connectivity to underserved areas.
Possibility?  Seems like it's getting less possible as time goes on.  When are Missouri legislators going to wake up and realize they're being played for fools?

This is possibly the worst reporting on GBE... ever.
1 Comment

Eminent Domain In The Wrong Hands

6/17/2021

0 Comments

 
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There's a reason why eminent domain should not be granted to private companies without an obligation for public service.

It's right in the 5th Amendment to the Constitution:
...nor shall private property be taken for public use, without just compensation.
Public use.  Public.  What obligation does a private company planning to build a project "for public use" have to actually put their project into public use after it builds its project?  In the case of merchant transmission, the answer is none.  A merchant transmission builder may sell its transmission capacity "to the public" using negotiated rates after it builds the project.  Or it may change its mind and decide to keep the transmission line it built for its own private use.  Just because the Federal Energy Regulatory Commission may grant Negotiated Rate Authority to a merchant transmission company does not obligate the company to sell its capacity to the public.  Plans change.  This is why its a horrible idea to put the cart before the horse and allow such a company to use eminent domain to acquire land before it is legally committed to offering its product "for public use."

Eminent domain for existing public utilities has been accepted for years.  These companies already have an obligation for public service, and must offer their facilities for public use.  Merchant transmission, not so much.  Their rates are not regulated and they can do whatever bolsters their balance sheet.

Public utilities use eminent domain only as a last resort.  They generally negotiate well over 90% of the easements they require without the use of eminent domain.  Condemnation is only filed when construction is imminent, and all permits have been received.  A public utility does not want to encumber property that it may never use.  The cost of such property is passed through in regulated rates.  A public utility condemning property long before it has permits, before its project is engineered, has connection agreements, and is ready to build is pretty much unheard of.

And then there's Grain Belt Express.  GBE has recently sent out one of two letters to landowners in Missouri and Kansas.  One letter is the legally required 60-day notice before condemnation is filed, and the other is a veiled threat that the 60-day notice could be coming if the landowner does not capitulate.  You may have received one of these letters.  Some landowners received both (on the same day!)  Confusion supreme... one letter says it is official notice, and one letter says it is NOT official notice.  It simply can't be both.

The 60-day letter ends with this threat:
If we are not able to come to terms on an
easement agreement within 60 days of this letter, Grain Belt intends to file a condemnation action regarding the referenced property.
But it doesn't say when, does it?  GBE could file a condemnation action at the end of the 60 days, or it could file one in 60 years.  How effective is a 60-day notice that sits around for months, or years, like a ticking time bomb?  GBE could file a condemnation action any time after 60 days have elapsed.  Tick, tick, tick... when will they file it?  Or will they actually file it?  GBE is not obligated to do so.  Is this a real threat?  Or just another empty threat designed to push landowners to sign now?  Nobody knows until GBE shows its hand.

Is condemnation the end of negotiation?  Not in my experience.  I found that condemnation was only the beginning of serious negotiation.  The entity condemning my property made bigger and better offers after its condemnation filing, and the offers continued right up until the day it was scheduled for hearing at the court.  It was worth a lot of money to the condemning authority to avoid that hearing.  Of course, individual appetite for risk will vary.  I had nothing much to lose by continuing.  The offers I had received up until that point were pitiful.

A landowner who signs voluntarily is allowing GBE rights over his property in perpetuity.  However, GBE has generally offered landowners a small percentage of the agreed-upon price at signing.  For 10-30 percent of the value of the easement, GBE is an unwanted tenant with full rights to your property for a number of years.  It may not have to pay the balance if it later abandons the project before beginning construction.

The Missouri PSC tried to prevent GBE from building a bridge to nowhere by conditioning its permit to require financial commitments for the entire project before constructing transmission facilities on easement property.  But what did GBE do?  It bought certain properties in full so that they were not easements, and then the company built random transmission facilities without the financial commitment to complete the project.  Do you think GBE is prepared to purchase all easements in full without a financial commitment from customers?  Nothing says "integrity" like using loopholes to avoid the spirit of conditions designed to protect landowners.

What does GBE intend to do?  It recently told the PSC that it had not decided what it was building, or where it might connect its transmission line.  Nevertheless, GBE appears poised to begin condemnation of more than 50% of the easements necessary to build its project in Kansas and Missouri.  The project has no connection.  It's essentially a bridge to nowhere.  A prudent public utility would never do that.  A prudent legislature would never allow its constituents to be victimized this way.

What's still missing? 

Customers!  GBE has not publicly announced that it has enough customers to make the project economically viable.  Coupled with GBE's recent skirting of the financial commitment condition, it leads me to believe GBE does not have enough customers.  In fact, there's been no public announcement of an open season for potential customers to begin negotiations with GBE under its Negotiated Rate Authority.  Who condemns land for a project that may never be built?

County assents!  GBE still needs the assent of the counties through which it will pass before it begins construction.  No news on this front.  Who condemns land for a project that does not have all necessary assents?

Illinois!  Invenergy's attempt to make legislative change to the definition of public utility has still not passed.  Keep your eye on this ball and keep contacting Illinois legislators!  GBE is years away from a permit in Illinois, if ever!  Who condemns land for a project that has no end point?

Kansas!  GBE cannot begin construction in Kansas without a permit in Illinois, or without making significant changes to permit conditions in Kansas.  Crickets here also.  Who condemns land for a project that cannot be built?

A company playing loose and fast with a new toy named eminent domain, that's who.  A company with no obligation to the public, only to its bottom line, that's who.

Grain Belt Express putting its eminent domain cart before its project horse has created one of the biggest eminent domain travesties in history.

Keep your chins up, folks.  It's far from over.
0 Comments

Build Better Transmission

6/15/2021

3 Comments

 
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Let's build back better, they said.

That political catch phrase has not been applied to electric transmission.

Instead of using science and technological advances to build the grid of the future, this administration seems stuck in the past trying to use more force to build the grid of yesteryear.

Much ado has been made about "infrastructure" and building a "macrogrid."  New policies meant to spur this along abound.  However, all of these "new" policies are meant to enable building an electric grid that Thomas Edison would easily recognize.

I'm talking about overhead transmission wire strung on lattice steel towers, approximately 4 per mile.  Even the promises of sleeker monopoles (5 per mile) is something left over from last century.  These linear transmission projects are most often routed on new rights of way across privately owned land.  Farmland is a favorite "undeveloped land" target.  This is how electric transmission has been planned and built since its inception in the early part of the 20th century. 

This kind of transmission is ALWAYS opposed by local landowners and communities.  ALWAYS.  Battles are long and fierce, and opposition never gives in.  The stakes are simply too high to capitulate and accept new transmission.  While transmission companies are fighting for profits, the people are fighting from the heart.

All over the country, people have stood up and spoken out against new transmission across their properties and through their communities.  Today, transmission opposition is organized online, and new groups have access to successful strategies and tactics used by others.  It's easier to get a group up and active than ever before.  Transmission opposition is also more successful than ever before.  Most long-distance transmission of questionable need has been denied or abandoned in the past decade.

This kind of due process simply takes too long to suit transmission profiteers and "clean energy" groups these days.  Historically, transmission proponents have met citizen opposition with propaganda and a muzzle -- a hugely expensive and sadly unsuccessful attempt to drown out or silence the opposition.  I think we can all agree now that transmission developer tactics to quell opposition simply are not working any longer.
Renewable energy profiteers and their political enablers have suggested any number of "solutions" to the problem of public opposition to new transmission.  Everything from throwing more (taxpayer) money at it, to usurping state/local authority permit it has been suggested.  Here's one misguided "solution" to opposition hurdles:
Congress should consider legislation to provide greater federal siting authority to the Federal Energy Regulatory Commission for projects like these that are clearly in long-term national security, climate protection and consumer interests. A recent National Academy of Sciences report on achieving net zero U.S. greenhouse gas emissions by 2050 found that new siting and permitting for transmission must be pursued to “put in place, in a timely fashion, the kind of high-voltage interstate transmission system that is needed for deep decarbonization.”
None of these new policies does a thing to dampen opposition to new aerial transmission.  They simply attempt to run opponents over with greater force.  These tactics are simply a waste of time and money. 

Opposition will continue until the promised "better" projects happen.

What's a "better" transmission project?  It's buried on existing linear rights of way.  Alternatively, it could involve rebuilding overhead transmission on existing rights of way.  Key to the success of both of these "better" projects is the fact that they don't use new rights of way that cause new landowner or community sacrifice, and therefore they don't rely on eminent domain to take property from unwilling sellers.  Because there is no sacrifice and destruction of local communities, there's no one to oppose "better" projects.  If a tree falls in the forest and no one hears it, does it make a sound? 

If you're going to "Build Back Better" you should first make sure that what you're building is actually "better."  Why not encourage "better" transmission that won't be opposed by local communities, and discourage governmental sledgehammering of due process and property rights?

Opposition isn't going away until better projects emerge.  Take the sensible path and live your slogan.
3 Comments

Invenergy Wants To Change Illinois Law To Give Grain Belt Express Eminent Domain

6/5/2021

3 Comments

 
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Was it just last month that Invenergy told the Missouri legislature that it wasn't fair to change state law if it hurt their project?  Well, guess what?  Invenergy is busy trying to change state law in Illinois to help Grain Belt Express by allowing it to become a public utility so it may use eminent domain to site the project across Illinois.  Hypocrisy at its finest!

As many of you may remember, the Illinois courts vacated Grain Belt's permit (and eminent domain authority) several years ago because Grain Belt Express did not own any utility property in the state.  Because it did not own utility property, it was not a public utility, and because it wasn't a public utility it was not allowed to use eminent domain to acquire easements across private property.  Clean Line was unsuccessful in overturning this decision. 

However, Invenergy is attempting to change the law upon which the court's decision was based.  As part of an extensive new energy bill in Illinois, the following language changes have been proposed to the statute.
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By changing the definition of public utility, Invenergy could be be a public utility now, if it only intends to own property later.  It merely has to apply at the ICC and receive a permit.  Our private property rights are under attack all across the Midwest by greedy merchant transmission developers who want to use your private property to make money on speculative renewable energy projects.

Illinois Governor J.B. Pritzker says utilities did not write this energy bill.
Pritzker, who vowed in the wake of the ComEd scandal that utilities and energy companies would no longer write the state’s energy policy, declined to comment on the specifics of his offer, saying that negotiators were “still working on the bill.”

“Utilities did not write the bill that we have worked on. That is clear,” Pritzker said. “We have done everything that we can to stand up for clean energy principles, to make sure that we’re expanding renewables in the state. I have set out the principles, I have stuck to those principles, and so my hope is that we’ll end up with a good energy bill.”

So, we're supposed to believe that Invenergy did not have its thumb on this rather opportune language change?  Illinois is still reeling from a recent utility scandal where ComEd exerted undue influence on the state legislature.  It sure looks to me like Illinois has simply traded one utility master for another.  Instead of the legislature being under ComEd's thumb, now it's under Invenergy's thumb.
Something sure stinks in Springfield!

Invenergy wants to take the most profitable route for GBE, and that's using eminent domain to take private property across three states.  It doesn't want to fairly negotiate with landowners without the sledgehammer of eminent domain.  Here's another news flash:  eminent domain is not necessary to build merchant transmission!  When eminent domain for overhead merchant transmission was outlawed in Iowa several years ago, a better project emerged.  SOO Green Renewable Rail is developing a merchant transmission project buried its entire length on existing railroad rights of way.  No eminent domain!  No changing state law, no sacrifice from landowners.  It's a complete no-brainer!  Maybe Invenergy should make a better project instead of using its influence to manipulate state law for its own benefit?

Fortunately, the Illinois energy bill did not pass before the legislative session ended, however, there's talk that it may come to a vote in a few days, or maybe this month, or next month, nobody is really sure and reports change day by day.  If it does come to a vote, the public utility definition change needs to be stripped out.  Let Illinois legislators know!

Does Invenergy's legislative hypocrisy stick in your craw?  Want to do something about it?  Well, you can!  It's quick and easy, and probably extremely satisfying as well!  You don't have to be an Illinois resident to contact Illinois legislators.  The bigger the voice, the more impact it has! For complete instructions on who to call or write, visit BlockRICL or send an email to [email protected].
3 Comments

Macropropaganda

6/1/2021

1 Comment

 
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It's a new word for the bloviating nonsense spewed by Bill Gates' Macrogrid Initiative.

Bill Gates became rich selling crappy computer technology that enslaved the vast majority.  Now he thinks he's an expert on absolutely everything and dreams of taking over the world and remaking it to his own liking.  Money doesn't equal intelligence.  The only ones buying his schtick are the ones Bill is buying to carry it out.  The ordinary man is not impressed.  In fact, the ordinary man is positively revolted by the rich and powerful dictating every aspect of his life and finances.  The ordinary man will dig in his heels and oppose Bill's brain farts simply on general principles.  Bill's energy vision is no different.

Bill gathered all the best dreamers and schemers he could buy to sell his vision of top down big energy to the new Big Government bureaucrats hungry for power and prestige.  Obviously Bill isn't interested in selling his plan to the masses.  Perhaps he thinks that his Big Government can be used to stomp on the masses and drag them into an increasingly expensive and unreliable energy future controlled by the global elite?

Sorry, we're not on board.  In fact, we're going to fight, kick and scream the whole way.  And we're going to keep speaking truth to power until we get our way.

Big Government agency U.S. Department of Energy held a "summit" last week under the auspices of its ARPA-E program.  There, our Big Government "partnered" with Big Transmission and its bastard child "The Macrogrid Initiative" to tell us what we need "as a society."

The four words no for-profit industry should ever utter:
WE AS A SOCIETY
You're not part of our "society."  You have your own "society" of filthy rich folks who want to use us as a stepping stone to even more riches.  Any elite blowhard who utters these words is displaying his own arrogance.  It is SOCIETY that decides what we need "as a society," not elite dictators.  Saying these words guarantees that society will fight you tooth and nail.

And that's exactly what's going to happen to Bill's Macrogrid Initiative.  Having a dream to build a gigantic, new electric grid is one thing; getting there is another.  There's a fork in the road, and Bill and his cabal have veered off onto the wrong path.

Two options:

1.  Innovate new energy solutions that would be accepted by society.

2.  Use old energy solutions that are highly profitable and attempt to force them on society.

One path requires more money upfront but guarantees smooth sailing on the back end.  The other requires no effort in the beginning, but will flounder endlessly when rejected by society.  You'd think Bill would be smart enough to know the difference, but perhaps his arrogance gets in the way?

The only way we as a society are going to allow an energy transition is if it does not impact the sanctity of our homes and empty our wallets.  Otherwise, get ready for eternal, entrenched opposition from society.  We're not docile sheep, in fact you're probably going to be surprised by the virulence we can muster when threatened.
The panelists agreed that regulatory entities will need to alter their policies to accelerate transmission projects and facilitate their interconnection to the grid.
Alter regulation to increase your profits and decrease society's rights?  I don't think so.  In fact, you might even get surprised by some regulatory virulence if you keep trying to stuff your arrogant ideas down that pipe.

Regulation is for benefit of society.  It's not for the purpose of increasing utility power and profits.  Regulators serve ME, not YOU.  We as a society have created a regulatory paradigm that cannot be dismantled or it will cease to exist and become nothing more than a political-corporate dictatorship that does not protect consumers.  Regulation was formed to protect consumers from corporations, not the other way around.  Are we going to need regulators to protect us from the regulators?  Or are we going to need a revolution?

It's not that great a stretch these days for the people to disconnect from the bloated energy bureaucracy and make their own energy.  What good is a kingdom with no subjects?

Game on, Bill!
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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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