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New Jersey Wants Other States to Pay for its Environmental Laws

10/5/2022

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As Gomer Pyle used to say:
RTO Insider reports:
New Jersey officials hope to engage in “horse trading” with other PJM states over the cost allocation of transmission needed to meet their climate goals, a key state regulator said last week.

“The other clean energy states and PJM are looking at billions of dollars of transmission upgrades if we do it the way we’re doing it now, when we can meet all the needs of the entire PJM region at approximately the same price,” he said. “So there’s a lot of room for horse trading, if we can get the parties to the table.”

The SAA leaves New Jersey “almost in a hostage situation at the moment,” Silverman said. “The transmission projects that we are planning benefit many states in PJM; they will see lower production costs as a result of these upgrades. But because of the way the system works, we are solely responsible for the cost. That needs to change.”

Oh, please, you're a hostage of your own actions, New Jersey!

New Jersey asked PJM to solicit transmission proposals that would support offshore wind under PJM's "State Agreement Approach" that allows a state to put new transmission in PJM's plan, but only if they agree to pay for it.  ALL OF IT.  One hundred percent!

But now that New Jersey has "estimated costs would be $5 billion to $34 billion" it suddenly wants other states to pay for some of it because they may receive some fake "production cost" benefits that they never asked for and don't need (if they did, PJM would plan a transmission line outside the SAA).

Benefits are not "benefits" when you don't need them.  It's like charging you for a dessert you don't want or need, but it looks good on the table and you might just take a bite.

So, what do you think?  Did New Jersey honestly intend to pay for these offshore wind lines itself before it found out how expensive it was going to be, or was it just pretending all along?  Did New Jersey think that it could influence other states to take a bite once the dessert was on the table?

Sneaky, sneaky, but I'm sure some PJM states won't have any problem at all saying "no" and letting New Jersey pay for its own legislative boondoggles.

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"Wolf!", Cried Sierra Club

1/2/2020

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Ya know how I suspect you don't have a cogent argument?  You make crap up to try to scare people to support your position.  And that seems to be what happened when the Federal Energy Regulatory Commission ordered a re-vamp of PJM Interconnection's capacity auction.

PJM's markets are a confusing mess that not a lot of folks understand.  Regular people understand pretty much nothing about PJM's electricity markets that supposedly serve their electric needs and provide power at prices that save consumers money.  That's what PJM says anyhow, and since most consumers don't even know that PJM exists in the first place, it's pretty much an "I don't care" situation.  But, in the energy world, PJM's markets are a big deal, a real big deal.  PJM's markets have been gamed and influenced to provide the most profits to energy suppliers forever.  That's why PJM has a Market Monitor to keep an eye on things to try to outsmart the gamers.

Over the last decade, states who have authority over their own electric generation mix, have attempted to encourage the generation source of their choice by providing subsidies.  But when those subsidies interfere with PJM's regional electric market, it becomes non-competitive.  One time, a state wanted to provide subsidies to a new generator that made up the difference between the generator's revenue and the PJM market so that it could offer and be accepted into PJM's capacity market.  The courts said that was not permissible.  State subsidies cannot be tied to PJM's market.  Since then, numerous states have found ways to subsidize their generation of choice without overtly tying it to PJM's market.  But the subsidies DO affect PJM's market, making that generation source "cheaper" so that it can offer a lower bid into the capacity market because the state is covering some of the generator's costs.

You only need a rudimentary knowledge of how PJM's capacity market works to understand this.  Capacity isn't electricity.  Capacity is the ability to produce electricity when called upon to do so.  Generators are paid for their capacity separately from the actual power they provide.  Because PJM has a need for a certain amount of electricity to keep the power on, it has to know that it will be available.  PJM sets its resource number for each year three years in advance, then holds an auction of sorts.  Generators with available capacity submit sealed bids.  PJM stacks the bids by price.  It then accepts bids, starting with the lowest, until it get up the stack to the amount of generation that meets its resource requirement.  All generators accepted in this process are paid the top clearing price.  Say the generator supplying the last bit of capacity bid $50, that means that every generator accepted gets paid $50, even though they may have bid in at a lower amount.  It pays to be a lower bid in the capacity market.  A generator can provide a lower bid because it receives subsidies.  Without subsidies, it would have to bid in at a higher cost, and that could mean that it doesn't clear the auction.  It would also mean that the ultimate price for all the capacity would rise if all generators had to bid in at their unsubsidized cost.  This subsidy gaming of PJM's market has been going on forever, but in such small amounts that it didn't really affect the market.

But in recent years, states have gone wild with the subsidies for renewables and other favored generation, such as nuclear.  With all these new subsidies, the market price tanked and the unsubsidized resources were forced out of the market.  Many have closed.  A market made up of subsidized resources is artificially priced and not really a competitive market at all.

So, FERC has been trying to fix this.  One fix is to strip subsidies from offered resources to make them bid in at a realistic price.  That's what FERC did just before Christmas.  It ordered PJM to revise its MOPR (Minimum Offer Price Rule) to nullify the effect of state subsidies.

And then all hell broke loose.

The self-serving environmental groups and renewable and other generators benefiting from subsidies freaked out.  And this happened.
“Trump and FERC are selling us out to the fossil fuel industry. They are adding billions of dollars in subsidies for coal, oil, and natural gas at the expense of green jobs and our health. They will now be getting over $6 billion a year just from our PJM grid alone, in addition to $15 billion a year in direct federal subsidies and all types of indirect subsidies. These dirty industries cannot compete with cheaper and cleaner renewable energy, so they are looking for a massive subsidy at our expense. This will hurt green jobs and public health,” said Jeff Tittel, Director of the New Jersey Sierra Club.
Honestly, what rubbish!!!  He says that FERC added billions of dollars of subsidies for coal, oil and natural gas.  They did no such thing.  That's an outright lie.  FERC did not give new subsidies to any generators, it simply mitigated the existing subsidies for renewables and nuclear.  If all generators exist on an even playing field, it is not instituting new subsidies.  And then he whines about "federal subsidies."  The FERC order didn't touch federal subsidies, like the production tax credit for new wind generators.  FERC felt it had no authority to nullify federal subsidies, just state subsidies.

The environmental groups have been whining about subsidies for a number of years.  As subsidies for renewable generators took off into a billion dollar industry, environmental groups chose to defend that by pointing to what it calls existing subsidies for fossil fuel generation.  Try to have a debate with any cleaniac about renewable energy subsidies, and they deflect by claiming other generators are getting just as much in other subsidies.  It's not true, but it serves to change the argument to one about dueling subsidies and away from public outrage at the juicy subsidies filling the pockets of renewable energy companies.  There are no overt subsidies of fossil fuel generation that come even close to those provided by the federal government for utility scale wind and solar.  Big Green insists renewable subsidies are no greater than those provided to fossil fuels.

But when FERC removed all state subsidies for all generators, Sierra Club whines that renewables are hurt by it.  If the subsidies are equal, then removing them all doesn't change anything.  Apparently there are more subsidies for renewables than there are for fossil fuels, or renewables wouldn't be hurt by their removal.  Big Green's favorite argument has flamed out.  It no longer has any relevance.

I'm going to guess that the Sierra Club guy crying about shameful giveaways didn't even bother to read the FERC Order before beginning to bellow.  That's pretty shameful in itself.  I actually did read the order, hard as it was to stomach, and I can't find any basis for the nonsense spewing from Sierra Club.  What I find interesting is the whole state v. federal thing.  If states are providing subsidies to certain generators, those subsidies are coming from state consumers and/or taxpayers.  The subsidies are affecting a regional market, not just one contained within the borders of the state.  So, if New Jersey subsidizes nuclear generators and that lowers the regional capacity market price, I would get a price benefit here in West Virginia.  Thanks, New Jersey!  And now, if New Jersey is still providing a subsidy to generators that does not lower prices in the regional market, and market prices go up, New Jersey citizens are sort of paying twice for the same subsidy.  Maybe they should rethink their subsidy, instead of trying to visit it upon everyone else?

Some claim FERC's Order will cause a great exodus from PJM and its regional market.  Buh-bye, don't let the door hit you on the way out.  If a state wants to subsidize certain kinds of generation that fits with its political goals, then it needs to keep that subsidy within its own borders.  Go ahead, subsidize what you want.  That's a state issue.  I could be selfish and parochial here, since New Jersey and other states are subsidizing the regional capacity prices I have to pay, and only worry about my own bottom line.  But the continued (and increased) state subsidies are causing existing generation to drop out of the market as uneconomic.  That's generation that we've all paid for over the years, replaced by new generation that we're all going to have to pay for over the next 50 years.  At some point, this kind of a market is going to explode.  Regional capacity prices will be pure fiction, totally influenced by individual state policies.

So, do we really need a regional capacity market?  Do we really need to know that sufficient generation will be available 3 years from now to keep the lights on, or should we depend on state generation policies to provide adequate generation for their own state?  Or, maybe we should just cross our fingers and hope the lights come on three years from now, when existing baseload generators are all gone and we're depending on a new crop of intermittent generators whose capacity factors are quite small?  Remember, capacity is a generator's ability to generate power when called.  Those coal and gas generators have high capacity factors because they can generate any time from stockpiled fuel.  Wind and solar, however, have very small capacity factors because they rely on the vagaries of weather and sunlight to supply their fuel in real time.  If we add huge battery capacity to create a stockpile, that has a huge additional cost.  Because the capacity factors of renewable generators are so small, we need to hugely overbuild them to guarantee any amount of capacity.  How would this end up being "cheaper"?  State generation subsidies are merely skewing the market for now, with big problems down the road.

Let's see what FERC's Order does to PJM's capacity market, and if we're actually getting some surety from the "increased" costs it imposes.  Today's prices aren't really lower, they're subsidized and being paid outside PJM's market through state subsidies.  What if you added up the current capacity market costs and all existing state subsidies that will now be nullified?  That's the actual true cost of capacity.  This order won't so much increase prices as it will re-allocate who pays the cost of capacity.

The sky isn't falling.  There's no slobbering wolf wandering through town.  It's just Sierra Chicken Little and all his chickie friends telling us once again that the world is ending because they didn't get their way.  Thank goodness there are energy professionals that actually understand these markets and don't base their decisions on a bunch of propaganda and whining.
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New Jersey Regulators Say "NO" to FirstEnergy and PJM Interconnection

6/22/2018

3 Comments

 
There will be some celebrating going on in New Jersey tonight after the New Jersey Board of Public Utilities adopted the recommendation of one of its administrative law judges and denied the transmission application of JCP&L this morning.  JCP&L, a FirstEnergy affiliate, had filed an application to build an insane transmission proposal inside a commuter rail right-of-way and just feet from thousands of homes.  It called its project the Monmouth County Reliability Project.  As if it was ever about "reliability."

Although one news outlet called today's decision "stunning" and claimed "State boards often approve such requests from utility companies. Friday's unanimous rejection by the New Jersey BPU was stunning to many who follow energy markets and the energy industry," it's not at all surprising to transmission opposition leaders.

Today's victory is the just result of hard work and determination by Residents Against Giant Electric (RAGE).  RAGE completely owns and deserves this victory!  I'm not sure when I've ever seen a citizens group work so hard and so cohesively toward a common goal.  They are an inspiration to transmission opponents everywhere!  Although they'll never get back the two years and half a million dollars they spent in pursuit of their goal, they achieved something invaluable -- a sense of community and the knowledge that a small group of committed individuals can change the world.  The next generation who watched their parents wage this battle will grow into adulthood with the knowledge that they can win if they stand up and fight.

Today's rejection of JCP&L's plan is not only a defeat for FirstEnergy, but also a rejection of PJM Interconnection's planning process.  PJM insisted the project was needed, and even provided witnesses to support it.  JCP&L continually hid behind PJM and used PJM's claims of need like a shield to deflect criticism.  Perhaps that's why the industry might be so "stunned."  Does the industry believe if they can coerce PJM to work a transmission project into its regional transmission expansion plan that will ensure the approval of state utility regulators?  It doesn't.  Not even.  The only and final judge of whether a transmission proposal gets built is the state utility regulator, not PJM.  The days of state utility regulators following meekly in PJM's footsteps are over.  PJM has been wrong, dead wrong, about numerous transmission proposals that found their way into its regional plan.  MCRP is just another to add to the growing list.  And you know how that old story goes about the boy who cried "wolf?"  At what point will PJM's credibility about transmission planning tank completely?  The more unneeded transmission projects PJM orders and continues to support, even in the face of better alternatives, the more damage it does to its credibility.  Pull yourself out of the gutter, PJM, and start doing your job impartially and with the best interests of electric consumers in mind, instead of the financial interests of your utility members.

Bravo to the New Jersey Board of Public Utilities for being brave enough to agree that, yes, the emperor is naked.  PJM is a paper tiger.  PJM's endorsement of a transmission project is not proof of its necessity.  The BPU is a shining example for other state regulatory commissions that may be faced with other PJM-ordered projects that are unnecessarily costly and damaging to the citizens they serve.

The citizens saved the day in New Jersey.  They didn't wait for someone else to act, they didn't hope that someone else would represent their interests, they didn't bank on someone else providing the funds necessary to wage this war.  In this case, the citizens found that the someone who could stop this project resided within each one of them.  Congratulations, RAGE!

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NJ Judge Denies FirstEnergy Transmission Plan

3/9/2018

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Congratulations, RAGE!  You did it!

Residents Against Giant Electric (RAGE) formed several years ago to fight FirstEnergy affiliate Jersey Central Power & Light's insane plan to construct a 10-mile, 230kV transmission line in a narrow commuter railroad right of way abutting dense residential development in Monmouth County.  As the judge recognized in her decision handed down yesterday, "RAGE took up the predominant oar in mounting the opposition to the MCRP, understandably, in light of the fact that the Project is in the back yards of its members."  This victory is yours, RAGErs!  The citizens group was incredibly well-organized and managed and its members worked incredibly hard toward denial.  The effort put forth was nothing less than stellar, but effort alone cannot always guarantee victory.  RAGE also worked an incredible strategic game and left no stone unturned, no task undone, and no decision left to chance.  They worked this case in an aggressive, take no prisoners fashion.  They assured their own victory.  Bravo, RAGE, well done!

JCP&L's response to having their ass handed to them whined:
"We strongly disagree that JCP&L failed to prove the need for the Monmouth County Reliability Project," the utility said. "The initial decision contradicts the findings made by the regional grid operator and industry experts."
Clearly, the judge did not feel that the regional grid operator and "industry experts" were credible.  Is that going to be JCP&L's thing on exceptions to the BPU?  That the judge who spent hours and hours evaluating testimony and exhibits failed to recognize the superiority of utility arguments?  That the BPU should disregard her "in the trenches" view of the case and substitute their own judgment of whether or not JCP&L met their burden?  That is truly unlikely.  Judge Cookson was very thorough, carefully evaluated the evidence, and made a reasoned decision.  JCP&L couldn't even point to an error she made, it simply whined that it didn't win.

PJM was not credible.  RAGE presented evidence that JCP&L had begun working on this project, and its preferred route, months before PJM even found a "problem" for it to fix.
I FIND that the preponderance of credible evidence proves that JCP&L commenced studies to justify the MCRP as its preferred route months before any “problem” was even identified as needing a solution.
PJM and its utility members suffer from a serious case of chicken/egg.  This isn't the first time a utility came up with a solution for a problem that PJM had not identified and then used PJM's planning process as a "vehicle" to advance a utility plan by finding a "problem" for it to fix.

Judge Cookson also recognized that failure to kowtow to PJM as an omnipotent grid planning oracle who must be obeyed isn't really a big deal at all.
During the hearings, PJM concurred that JCP&L will not suffer any financial penalties if the Board rejects the MCRP. Both PJM and JCP&L agree that if the MCRP is not approved, they will return to the planning stage and find another way to solve the P7 contingency.
Bravo!  This is the first time a state has recognized that denial of a PJM transmission proposal won't make the lights go out.  Such a simple thing, buried under mounds of rhetoric and projections of doom and gloom.
New Jersey can be a shining example in recognizing that states have the ultimate say in whether or not a RTO planned transmission project is constructed.  Instead of cowering and simply accepting regional grid plans as beyond question, states can say "no."  A regional grid authority was never intended to be the final arbiter of transmission plans.  If it were, there would be no purpose to state transmission permitting authority.  States need to stop acting like a rubber stamp and assert their authority under the law.

The judge also questioned the veracity of every RTO and utility's favorite word, "robust."  Personally, I hate that word.  It means nothing.
There were four alternative 230 kV lines into Red Bank on the narrowed list but apparently no technical studies were undertaken of them because they were considered by JCP&L to lack the appropriate level of “robustness.” Palermo could not find any definition for that term and was unfamiliar with its use generally in the transmission industry.
Let that term go back to the world of salad dressings.
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Now let's talk about those "industry experts" JCP&L wants us to believe.  Because I knew the outcome of this Order before I read it, I didn't have to skip to the ordering paragraphs first.  I was able to start at the beginning and read through the synopsis of the evidence before getting to the judge's conclusions.  There was some pretty ominous foreshadowing in the way the judge presented her statement of the evidence.  And once I got to the findings, there were no surprises.  As far as JCP&L's "expert," who found no effect on property values, the judge opined:
Applying these standards, I FIND that Dr. Moliver’s expert opinion is entitled to greater weight than that of McHale. I FIND that McHale’s credibility was undermined by his careless quotation of synopses of studies he never read. He utilized a general search engine that returned results for terms “effect of HVTL at 15 ft” and followed a link to a New Hampshire Siting Commission webpage, copied the summaries, and deleted the attribution footer from his reprint. As reluctant as I am to express this, in my opinion, such “scholarship” by a student would produce an “F” and subject one to claims of plagiarism. It is certainly not the work product of a professional entitled to much weight to count the number of supportive studies versus the number of unsupportive studies without regard for the study criteria and quality. The merits, depths, sampling size, and commonality must be taken into account before a study can be cited as persuasive to a novel setting. I also FIND that his opinion as an expert witness was blended with several lay perceptions that fell outside the scope of his presentation for the Company and were unverified.
The utilities need to quit using this guy.  It sure appears that he put little effort into his testimony, but yet he most likely billed the utility thousands for his "work."  Because utilities believe their expert's opinions are beyond question, apparently some of the "experts" believe likewise.  JCP&L should ask for its money back.  Of course, it's not really JCP&L's money... they paid this guy with funds they will recover from ratepayers.

While the judge did not make a finding on the EMF issue, I got the distinct impression that maybe she believed that the industry has influenced science and that "experts" like Dr. Bailey make a tidy living being utility "experts" and making the same denials over and over.  Perhaps Bailey made a grave error by trying to make the opponent's witness look like a quack.  The judge mentioned that she didn't find him "eccentric" at all.  All those delicious ad hominem utility arguments tossed out to avoid any real debate of the EMF issue... wasted!

The best expert witness overall was clearly RAGE electrical engineer Jeffrey Palermo.  It's obvious that he developed an early rapport with the judge that the other engineering witnesses just couldn't touch.  The technical aspects of electric transmission are extremely difficult for laypeople.  Utility witnesses are usually more about complicating things with unfamiliar words and technical terms in an effort to make the judge give up and simply just trust his opinion because they can't put everything together to devise their own.  From reading this decision, I surmise that Palermo approached it differently and was able to explain the technicalities in a way the judge could understand and equip her to make an informed decision on the technical merits of "need."  He also presented a workable alternative that could be much cheaper and less invasive to the community.  And he clearly explained this alternative to the judge, who adopted it as a possible future solution.  Well done!

JCP&L needs to take a look at its own failed regulatory strategy at this point.  It didn't work on this judge.  She saw right through it all.
The evaluation directed by JCP&L was both pre-emptive in the timeline of the “need” for the Project and created an unlevel playing field tipped in its obvious favor. This is not a close case of general public interest versus parochial interest, with a tie going to the public utility company. I CONCLUDE that JCP&L’s application for municipal waivers pursuant to N.J.S.A. 40:55D-19 must be denied because the Company has not supported its application by the preponderance of the relevant and admissible evidence. The MCRP is not a safe or reasonable response to the potential P7 violation.
Any transmission opposition group that seeks to have a transmission regulatory application denied has to show up and play ball.  RAGE played hard, but more importantly it played smart.  It gave the judge the tools to deny this application.

But the regulatory process isn't the only game transmission opponents need to play.  Public opinion and politics also play a huge role in driving a denial.  RAGE rocked this game as well.  In her summary of the public hearings, the judge remarked:
The prepared summary of written statements indicates that eighty-three (83%) percent were opposed to the MCRP; and, seventeen (17%) percent in favor. Approximately twenty-five (25%) percent of the statements opposing the Project were form letters; and ninety-two (92%) percent of the statements in favor of the Project were form letters, of which eighty-eight (88%) percent were not from the impacted area.
And where did those 92% favorable form letters come from?  The judge elaborated:  "Those backing the MCRP primarily based that support on reliability and economic concerns, and were primarily from businesses not in the five impacted municipalities on a form letter prepared by the New Jersey Chamber of Commerce for its members."
The utility popularity contest was a flop in this instance.  Regulatory public comment hearings are intended to give voice to the community.  The utility's opportunity to make its opinions known comes during the hearing process.  But yet utilities consistently attempt to intrude in the public's opportunity by coercing supportive statements from entities who care little about the project.  It's strictly a numbers game to the utility -- how  many supportive comments can they coerce, and how "important" are the supporters?  RAGE completely drowned these shills out by showing up in record numbers and making honest, heartfelt, personal testimony opposing the project.  Perhaps JCP&L had a hand in its own defeat here by enraging the community to counteract JCP&L's underhanded efforts to set up its numbers game.  Utility efforts to coerce supportive comments from the community is a tactic that has backfired on more than one occasion and it needs to be jettisoned from the utility bag of tricks.

RAGE's victory should be celebrated and admired.  They not only accomplished their goal, but they provided an example that will be studied over and over by transmission opponents on other projects (and dare I say utilities, if they ever pull their heads out of their own behinds long enough to recognize they have a serious problem with opposition groups).
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
Well done, RAGE!  You changed the world!
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JCP&L Feels the RAGE

11/6/2017

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Bravo, RAGE!  The Residents Against Giant Electric (RAGE) have identified a cheaper, less invasive alternative to JCP&L's Monmouth County Reliability Project (MCRP), currently before regulators.

At a press conference last week, RAGE shared its initial brief to Administrative Law Judge Gail Cookson at the New Jersey Board of Public Utilities in the matter of the MCRP.  The brief is a summary of evidence leading to legal conclusions, and RAGE's brief was stunning.  JCP&L "expert" witnesses were systematically unmasked and dispatched to the Land of Corporate Biased Quacks.  JCP&L was demonstrated to have mislead the public about the MCRP, including hiding the true evolution of its project.  The MCRP was dreamed up and a route chosen before PJM Interconnection found a need for it and ordered it to be built.  And speaking of PJM, they didn't escape the dead-eye scrutiny of RAGE's legal team, who remarked:
The participation of Mr. Sims [PJM witness] in this proceeding as an enthusiastic cheerleader for an expensive and blighting transmission project even after being presented with a feasible non-generation solution to the P7 contingency raises very serious questions about the neutrality of PJM. As is the case with other RTOs, PJM is by law and FERC decisions supposed to be scrupulously neutral.  While this is ordinarily taken to mean that it cannot discriminate in favor of one or more member utilities or independent power producers, it also means that PJM cannot be in the business of advocating a solution that has been given an “exclusive” to one of its member utilities. The Board should express condemnation of PJM’s role in this case.
Lots of transmission opposition groups have demonstrated that utility (and RTO) solutions to purported violations are massively expensive overkill that cannot be supported with transparent and accurate calculation, but RAGE took it one step further.  They proposed a fully formed and vetted alternative solution that would not only cost $80M less than PJM's solution, but also would not require new greenfield transmission sandwiched between dense residential neighborhoods and a congested rail corridor.
During testimony, RAGE unveiled its alternative to the transmission line plan — an alternative the group says would cost 70 percent less, and present less danger to the community.

The group’s solution, backed by a power flow analysis and an engineering expert, includes the addition of two STATCOM devices — each about the size of an RV — at the Red Bank substation. It also calls for updating 11 of the existing 34.5 kV lines coming out of Red Bank.

“That’s it — all you need to do is update some existing lines that probably need replacing anyway, and add two big boxes to Red Bank, Kanapka said. “Do these two things and the P7 violation goes away, for a total estimated cost of just $30 million.”

In its most recent estimate, JCP&L said their project could cost $111 million, and that does not include the fee for usage of NJ Transit’s property.
Never underestimate your opposition, JCP&L!  RAGE is obviously composed of a bunch of overachievers who leave nothing to chance.  What was it General Yamamoto was supposed to have said [Hollywood version]? 
I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.
The RAGE giant isn't going away.  Isn't it time for JCP&L to fall on its sword?

Not only has RAGE excelled at the regulatory game, it's also on top of its political game.  Numerous candidates for elected office have fully endorsed RAGE and voiced their opposition to the MCRP.  Good luck on election day to RAGE and its supporters!

What's next for this wildly successful transmission opposition group?  Reply briefs to the BPU judge, an opinion on the MCRP from the judge, and then the entire case record is forwarded onto the BPU Commissioners for final decision.

My money's on RAGE for the win!
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Democracy in Action (Ut-oh, FirstEnergy!)

3/31/2017

10 Comments

 
New Jersey BPU Administrative Law Judge Gail Cookson called a public hearing on FirstEnergy affiliate Jersey Central Power & Light's plan to build a new transmission line in Monmouth County "democracy in action" on Wednesday night.

More than 3,000 people showed up for the hearing at a local community college over the course of the evening, all of them opposed.  The comments were heart felt and heart wrenching.  The people told their stories to the judge.  The people rocked this hearing!

Everyone was wearing a sticker.  The stickers said, "My name is..." followed by that particular person's distance to JCP&L's proposed transmission line.
 Among the sea of red t-shirts, jackets, hats and signs were small, blue stickers, each handwritten with a different number. It was a description, in feet, of how far their home was situated from a proposed JCP&L power line poles. For some, it was a couple thousand feet. For others, it a few hundred feet. And there were those whose number was expressed in two digits.
That's how these people may be seen by FirstEnergy and regulators... just a number, a statistic, a casualty of a project the company insists must be built.  Putting faces and personal stories on these numbers made it real.  Brilliant!

But let's go back to those numbers... two digits?  People will be living less than 100 feet from power line poles if this project is built?  How could that happen if a transmission line is properly sited on sufficient right-of-way?  JCP&L's proposed project is 230kV.  A quick google search shows that "typical" right-of-way width for 230kV transmission lines is 100-160 feet.  Utility American Electric Power gets a little more specific in its "Encroachments on Transmission Rights of Way" document.  AEP says typical rights of way for 230kV lines are 120-150 feet in urban areas, and 150 feet in rural areas.  AEP also cautions:
Buildings, building extensions and additions (homes, businesses, garages, barns), swimming pools, above ground fuel tanks, tall signs or billboards, tall trees, obstructions and mounding of soil in the right of way are encroachments that are prohibited.
Transmission lines are usually sited in the center of the right of way, with equal distance on either side from the pole holding conductors, to ensure proper clearance for the line.  Therefore, a 120 ft. right of way would create a buffer zone of 60 feet on either side of the transmission pole.

Now let's look at JCP&L's proposal.  The company proposes:
[a] minimum of a 60 ft. wide corridor will be cleared (30 ft. from either side of conductor or approximately 45 ft. from centerline of the poles on the rail side and 15 ft. from centerline of the poles on the opposite side/vacant side of pole).
JCP&L believes it can site its project on a 60 ft. right of way, half the size used by other utilities for a project of that voltage.  And JCP&L won't even center its project in the narrow right of way.  It allows 45 feet clearance between the centerline of the poles and the commuter trains passing along nearly directly underneath 230,000 volts of electricity on one side, and a mere 15 feet clearance between the centerline of the pole and the backyards of thousands of people on the other.  The pole itself is at least 8 feet wide, so the distance from the edge of the pole to a person's backyard may actually be around 10 feet.  Here's what that looks like:
Picture
Go here to view the entire slide show in a larger format, as well as a JCP&L photo simulation of what the finished product would look like.
Lots of those residential properties have sheds, pools, and other backyard structures located near the property line that would ordinarily be within a typical sized right of way.  The properties also have vegetative buffers abutting the commuter train right of way.  Here's how JCP&L plans to deal with all that stuff within feet of its new monopoles.
JCP&L will clear the NJT and JCP&L ROW to the specified width in accordance with the FirstEnergy Initial Clearing of Transmission Lines Specification and the FirstEnergy Detailed Property and Provision List. Trees located outside the ROW which are deemed Priority Trees shall be removed. Priority Trees are defined as trees located adjacent to transmission corridors that are dead, dying, diseased, structurally defective, leaning or significantly encroaching, where the transmission facilities are at risk of arcing or failing should the tree or portions of the tree (1) fall into or near the transmission facilities; or (2) grow into or towards the transmission facilities. JCP&L will obtain the necessary rights from applicable property owners before removing trees and vegetation both on and off the ROW.
JCP&L proposed a "vegetation right of way" over the residential properties, and if landowners don't voluntarily agree to this violation of their backyard sanctity, JCP&L proposed using eminent domain to obtain a legal right to encroach upon the residential properties.

Watch a video featuring views of the actual rail right of way here.  Does it look like there's room to install a transmission line on that right of way?  It doesn't to me.

JCP&L's plan is insane!  This isn't your typical "not in my backyard" reaction to a transmission line. 

And consider that the "violation" this project is supposed to fix is rather minor -- to provide a third back up in case existing lines fail.  There has to be a better way!

What were you thinking, JCP&L?  It's only a 10-mile line... it won't gather much opposition... and these folks already live next to a set of train tracks.  They won't notice or care?

They do care, very much.  Opposition has been huge and fierce.  FirstEnergy's usual playbook tactic of creating the appearance of support for a transmission project to "balance out" opposition before regulators has massively failed.  At Wednesday night's public hearing, not one person giving comment supported this project.  JCP&L said,
“This meeting tonight was to hear what the public had to say,” said JCP&L spokesman Ron Morano. “We elected to not have any supporters speak at this event.”
How is it that JCP&L controls all public support for its project?  If JCP&L controls support, than it's not truly independent support, it's paid advocacy -- people acting as puppets to spew JCP&L talking points.  And this lack of grassroots support came after JCP&L spent buckets of money on door-to-door petition gatherers.
Picture
And misleading mass mailers with postage-paid return cards
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And yet not one person was inspired enough to show up at the public hearing to voice support for this project.  JCP&L told them not to come.

I'm having a hard time believing that.  Did JCP&L waste all this time and money trying to buy advocacy only to submit a sanitized list of names of "supporters" to the BPU at a later date?  Or did the BPU finally call JCP&L out on all this nonsense and suggest that it not "elect" to have its supporters speak at the public hearing for fear that it may cause a riot?

So, public hearing safely in the can.  JCP&L lost big time in the court of public opinion.  Was democracy in action enough to sway the judge to recommend modifications to, or outright denial of, JCP&L's project?  Time will tell.  Formal evidentiary hearings before the judge begin next week.

You can follow along to find out the ultimate disposition of this horrific utility plan by liking Residents Against Giant Electric (RAGE) on facebook here and here.  And you just might find yourself wanting to join in this community's RAGE against FirstEnergy.
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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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