Arkansas Delegation Rolls Out the APPROVAL Carpet for Secretary Perry

I'm late. I meant to have this posted yesterday, but... life. Anyway, we're gonna keep this simple because some things don't need a lot of chatter...

On Monday afternoon, the Arkansas delegation filed the APPROVAL Act. 

On Tuesday, they sent a letter to newly confirmed Department of Energy Secretary Rick Perry. And it really perfectly distills the core issue with the Department of Energy's proposed participation in Clean Line Energy Partner's Plains & Eastern HVDC line:

Our objection to Clean Line’s application should not be viewed as a fight against renewable energy; we each understand the importance of having a reliable electricity grid and are strong advocates of a diverse energy portfolio, including wind, solar, hydropower, renewable biomass, and nuclear energy. Likewise, we do not take issue with the building of national infrastructure; robust infrastructure investments, including the enhancement of the electrical grid, are often productive undertakings.

Instead, our objections relate to the vast overreach the Obama Administration employed, allowing this project to skip the necessary protections which exist to protect state sovereignty and private property rights.

Throughout the history of electric transmission, factors for the approval of these lines have been reviewed and decided at the state level. As the nonpartisan Congressional Research Service has noted:

“The location and permitting of facilities used to transmit electricity to residential and commercial customers have been the province of the states (with limited exceptions) for virtually the entire history of the electricity industry. State and local governments are well positioned to weigh the local factors that go into siting decisions, including environmental and scenery concerns, zoning issues, development plans, and safety concerns”[1]

The rejection of the transmission line by Arkansas’s (PSC) forced DOE and Clean Line to resort to using Section 1222. This is the first time DOE has used Section 1222 to authorize the development, construction, or operation of transmission facilities, and the only partnership the Department has (to date) with an entity to do so.

Sigh. It's so good, right? Love those guys when it comes to this stuff... my Clean Line BFAPs. As to whether 1222 actually does give the DOE room to use eminent domain... I guess we'll wait and see what a judge has to say.

For a deeper dive into all of this stuff, please check out Keryn Newman's most recent blog post. She hits it as only Keryn can.

I should stop right here, but I can't. I promise I'm only going to address one of the reported responses to this legislation, though... And it actually didn't come from Clean Line (because we've all heard everything they say before. I read it and in my head I hear the noises grown ups make when they talk on Charlie Brown).

It actually came from the IBEW... Guys. C'mon.

Let me preface my comment by saying I am a freak for unions. I'm a Utah Phillips listening, Union Thugs following, right-to-work disdaining, union lover. However, "the IBEW strongly disapproves of politics getting in the way of American job creation"... Please. I'm assuming politics are fine as long as they actually create jobs then? It's just a problem when they get in the way?

Seriously, unions have got to stop allowing themselves to be used as corporate pawns. The whole concept of lifting and protecting the middle class goes out the window when you allow yourselves to be manipulated into strong arming regular people. You want jobs, we want you to have jobs... But we want to be kept whole, too. Is that not fair? We want bread, yes... but we want, what? What?? Roses too. Cripes.

 

Fake Newsiness

"A pre-inaugural list of top infrastructure projects, attributed to the transition team of President Donald Trump, doesn't reflect the administration's official views, White House officials say. 

In emails to the Arkansas Democrat-Gazette late Tuesday, presidential spokesman Sarah Huckabee Sanders said the list isn't a White House or a transition team policy document."

In my last solo blog post, I promised I would only write again if something really egregious

happened.

Guess what?

In the grand scheme of things, the 50 project infrastructure document "leaked" last week is not a big deal. Don't get me wrong, it's dubious as all get out. But the more that comes out about it's origins (consulting group= lobbyists), the clearer and clearer it becomes that this is more of a Governor's Association/Industry boner list than a well thought out proposal. If you're interested in reading more about the history of the list and don't have a subscription to Politico Pro, try these:

http://www.dallasnews.com/business/economy/2017/01/24/report-trumps-infrastructure-priorities-include-two-big-texas-projects

http://politics.blog.ajc.com/2017/01/25/donald-trump-tweets-a-motive-for-voter-fraud-claim/

http://m.dailykos.com/story/2017/01/25/1624695/-First-hints-of-just-what-might-be-in-Trump-s-infrastructure-bill-released-maybe-Or-not

Yes, you would expect some of these projects to be under consideration regardless of who was looking, but no... consideration doesn't equate to an action item. And in a time where "fake news" has become the rallying cry for anything one disagrees with, the fact remains (true, not alternative) that some of the reporting on this issue was grotesquely optimistic... I'm lookin' at you Arkansas Times ;) (P.S. If you're gonna quote a girl, call a girl) That witty, snarky banter makes for a nice echo chamber noise, but it's more truthiness than truth, Ernie. Why? Oh, because the truth is boring... and hard to get at... and maybe, just maybe, a little gray.

So, just for fun, let's talk a smidgen about permitting. I'm going to run defense for the entire Arkansas delegation for a minute here. Hold my coffee, Mr. Koch. Just kidding...

Ok, so both of the aforementioned Times articles push the idea that the delegation's support of the Keystone XL is evidence of their hypocrisy in terms of their stance on Clean Line. I understand. I get it. I cried for days after the election and I went to the Women's March in Little Rock. This last weekend was both heartbreaking and inspiring. We all approach issues from our own worldview. I believe there are valid reasons to challenge the delegation's general support of pipelines. And, honestly, if you want to go after them for taking money from the Koch brothers? Have at it. Just make sure you're publishing Clean Line's lobbying expenditures, too (Like you did on the $400 lunch)... And the AWEA... And every other moneyed special interest group that actually moves politics in this country.

If you want to go after them because of eminent domain, I'll pull your collar just a little, even though that's my primary area of interest. Same thing with permitting. Why? Because different types of infrastructure projects have different permitting requirements. Some happen at the state level (like transmission lines) and some happen at the federal level (like natural gas and some aspects of oil lines). Before we let our snark monsters rage at these guys, it's helpful to understand what's going on.

Keystone XL, DAPL, and Diamond require some level of federal permitting to build. Transmission lines, with a very few exceptions, are the providence of the state. Clean Line lost their bid for a CCN at the state level. Why? Because our state laws are not set up to permit merchant transmission lines without instate assets and with no mandate from an Regional Transmission Organization (RTO). This is not necessarily a bad thing depending on which side of the bench you're sitting on. If you're on Clean Line's side, it's a hindrance to development. If you're on the side of landowners, states rights advocates, and existing utilities, it protects the state and its residents from fly by night operations with no real intention of making a positive local impact. Mr. Dumas has no problem with Clean Line running to the Department of Energy (DOE) to kiss their CCN rejection boo-boo. Whatever, that's his prerogative, but the state legislature had a problem with it. So did the impacted landowners... And the federal delegation... because it's a valid complaint. Keep in mind that the legislation Dumas referred to was passed after Clean Line applied to the DOE, not before. They didn't try to fix it instate. They should have.

Now, if the argument is that the "balkanization" (they love that word, and all that it implies) of processes makes permitting huge projects like Plains & Eastern hard, there is every reason to have that discussion as a country, but you better bet your bottom dollar that the states aren't going to just roll over and hand the power that ensures their people are treated fairly to the feds. Especially if that means the feds use that authority to permit private projects that can't demonstrate necessity. Something tells me the RTO's won't be dancing in the streets about it either.

If anyone out there ready to rage against the delegation for their support of Keystone XL and DAPL... or Diamond for that matter, wants to help effectively (instead of just screaming into the abyss) they need to refocus their attention on the laws that govern regulatory agencies and the permitting processes that allow these projects to go through the way they do. Yelling at the delegation, the Corps of Engineers, or the PSC is like trying to put spilled milk back in a cup with a toothpick. If you want to effect change, you've got to change the laws. Bottom line... Or be ready to spend a lot of money on legal. The Diamond Pipeline is a four-hundred mile, 20" crude oil pipeline that was permitted without a comprehensive EIS because it didn't trigger a NEPA process and there is NO STATE LEVEL REQUIREMENT for one. If you're going to be pissed about something, be pissed about that.

Back to Clean Line... To be clear, both Keystone and DAPL were lacking permits that they needed to finish. In other words, there was a clear path the new administration could take to give those projects a push. How is that different from Clean Line? Well, for all intents and purposes, the Plains & Eastern project has been "approved" by the Department of Energy. Whether that "approval", or the process they used to get there, holds up in court is one thing, but the fact that they haven't started construction yet has nothing to do with the feds holding up their project and everything to do with the fact that Clean Line just can't seem to get it done. The Department of Energy set up specific requirements Clean Line has to meet before they will give them the go ahead to start construction on the line... These requirements (Conditions Precedent) for financing, subscription, etc... were established to protect the people of Arkansas, the SWPA, and the taxpayers in general. So what steps exactly could a new administration take to push P&E? Well, I don't know, but they'd have to be pretty creative. (By the way, if the new administration tried to get creative like that with a pipeline, the same people getting all warm and toasty over the possibility it could happen for Clean Line would be losing their marbles). And with all Skelly's bellyaching about changing the rules mid-process regarding the APPROVAL Act, they should be ready for a pretty significant backlash should they try anything sketchy.

While all these things seem kind of academic, it's pretty clear from Mario Hurtado's interview with NewsOK that the truthiness of this list isn't going to stop Clean Line from spinning it in a way they can use to preen (beg?) for financing and to pressure landowners.

"When the Trump campaign was looking at infrastructure, we thought it was a good thing to mention. We're just happy to be part of the conversation."

Like, when did you just happen to mention it? Did you run into them in the grocery store? How much did that conversation cost?

I'm not going to get into the potential psychological damage that comes from all these "nice" conversations my friend Mario claims to be having with people. I'm sure some of them probably are. Some of them probably aren't... and as I mentioned to an acquaintance the other day, we have a word for people who repeatedly contact you in spite of a clear request to be left alone. Who call you all the time and show up at your work and home uninvited. Who pressure you repeatedly into something you don't want to do, threatening you with financial harm. Who contact your family members to try and get in touch with you. Who make you feel alone and at risk... They're called "stalkers" and there is no other situation in society in which this kind of behavior is acceptable. By the way, is a "fair deal" an easement "option"?

This is already too long and I have other things to do today, but... in closing. There are three things everyone needs to remember in this somewhat surreal situation:

1. There is still an outstanding federal lawsuit against the Department of Energy regarding this project.

2. The Department of Energy has yet to announce that Clean Line has met the Conditions Precedent they need to move forward.

3. Lobbyists are constantly working on behalf of their clients. At the federal level and at the state level. So this kind of stuff... this "newsiness" is only the beginning. As the new administration settles in and establishes its goals, the swamp ain't going anywhere without a fight. And you can bet that whatever infrastructure plan, commission, or law finally takes place, it's going to have their greasy little fingerprints all over it. The ONLY way for people to get adequate representation in that process is for them to engage and fight for it. My generation was asleep and at war when the 2005 Energy Policy Act was passed. We've woken up. Stay awake.

Money Changes Everything

I should be writing about everything that’s happened over the last few weeks: the Missouri Public Service Commission turning down Grain Belt Express , the end of the Section 1222 comment period, the introduction of the APPROVAL Act in the House (Big hugs to the delegation), Amazon choosing to go with locally generated, on-shore wind in North Carolina , and the spokesman and CEO of an energy advocacy group, counting Clean Line among its members, who swallowed his entire foot with what might be one of the most insensitive statements ever: 

“There’s no production in Arkansas, so people there just see it as a power line coming through their property,” he said.“It’s understandable, but let’s remember we all see hundreds of power lines every day,” Foltz added. “What’s one more?”

(Holy gag, Batman...)

There was also the announcement of another solar farm in Arkansas, a conference call I’m still totally geeking out over, the final draft of the TVA’s IRP which makes it pretty clear that HVDC wind is either the cheapest or vastly most expensive source of wind they could purchase… because utilities just love that kind of uncertainty. Here's an illustrative graphic Dave sent me:

 And, of course, there was the Attorney General of Oklahoma coming thisclose to accusing Clean Line of lying about state regulatory approvals to other states and, well, the feds. From their 1222 comment:

“As demonstrated in comment 2 above, Clean Line has not been consistent in the statements it has made to DOE, FERC or state regulatory agencies. There are numerous material and substantial incorrect, misleading and/or inconsistent statements and omissions in Clean Line's Application materials. DOE should reject Clean Line's proposal based on these conflicting, misleading, incorrect and incomplete statements. In the alternative, DOE should at a minimum perform an independent review and comparison of all statements made by Clean Line to DOE, FERC, the Oklahoma Corporation Commission, the Arkansas Public Service Commission, the U.S. EPA, SPP, MISO, and all other state and federal agencies, transmission organizations and other entities to whom Clean Line submitted statements and information related to the Plains and Eastern Clean Line Project.”

Sirs, consider yourselves hugged.

There were a host of awesome and substantial comments turned in:

Downwind, LLC

Colorado River Energy Distributors Association (The equivalent to SPRA for the Western Area Power Association)

Southwest Power Resources Association
Center for Rural Affairs (Recommending we reconsider the way we assemble corridors and the use of eminent domain)

If you get the chance, check them out. Either we’re not the only “busload of crazies” out there, or we’re just actually not so crazy. Incidentally, this is our comment, which we wrote with our lawyer Carol Overland, who went above and beyond in working with us. 

I should talk about all that, but I don’t want to. I want to talk about Cyndi Lauper instead.

When I was a little girl I loved Cyndi Lauper. I didn’t just love her, I wanted to be her. I was her actually, for Halloween in second grade. Her voice was so honest and raw… Her songs, too. When I was eight, “Time After Time” was my favorite, but the one that’s resonating with me lately is “Money Changes Everything”. It kind of got lost at the time because money was so huge in the eighties, right? Material girls everywhere, but “Money Changes Everything” isn’t just about the cash, it’s about the damage we’re willing to inflict on each other to get and keep it.

And that’s the bottom line about this situation. Clean Line has poured unspeakable money into these projects. For us, the landowners, we continue busting our knuckles against a brick wall, but the best that we can hope for is to be left alone. 

Clean Line is in this for either a twenty-year return or a quick, profitable sale. We fight and fight, without vast legal or financial resources, and our "preferred outcome" is simply to maintain control of what we have worked to build. We lose no matter what. No matter how "by the rules" we've lived our lives, because we'll never see a "pay day" for what we've been through or the work we've done. 

What's worse is that we're always at risk. Grain Belt Express should be over (by the way, what about the rocks on someone who feels comfortable telling the public service commission that just tossed their project after intense scrutiny that they are “confused” about the benefits? Lol, that’s either total madness or brilliance), but Clean Line can always appeal decisions, as long as they can pay to do so. There are no real consequences for what they put people through (other than failure of one or some of their LLCs).

Which is why it is so incredibly important we have good processes to examine "need", and so intensely infuriating when people (generally with no knowledge of the situation other than what they've been fed by Clean Line or their supporters) feel comfortable shaming landowners for being upset about eminent domain. Especially, I'm going there, when those people are supposed to be "progressive". I have been shocked by some of the ridiculous justifications and knee-jerk judgements and assumptions I've seen come out of the left through this whole process. I thought we were better than that. To argue that eminent domain is appropriate because we've used it before? Please...

Lawlor had likened the conflict to the 1930s, when electric power came to rural America and many farmers didn’t want the intrusion.

“We will always have opposition,” Lawlor said before Wednesday’s vote. “But people opposed to this now turned on their lights this morning and that power came across somebody‬’s land.”

0.o

So in almost ninety years we can't make progress? That makes sense. Because I know people still like to do things the way people did ninety years ago: smoking and drinking through pregnancy, overt legal segregation, compulsory sterilization... Social security was new... and totally suspect.

Sorry, pontificating... again. The bottom line is that Clean Line had an idea that was out of the box. Really out of the box. They just didn't bother to take it all the way out of the box. Because, at it's heart, this idea isn't about saving the world (although that may be part of it) or being truly fair. It's about making money. So it makes sense to minimize landowners. To shove us on "the crazy bus". To make us grasping or greedy, even though this whole situation wasn't of our making. It's easier to hurt people when you can dismiss them as irrational... whether or not that's true.

Just like Principal Vernon, "You see us as you want to see us—in the simplest terms, in the most convenient definitions."

Read more here: http://www.kansascity.com/news/government-politics/article26031445.html#storylink=cpy

Voices from the Route: Brandon's Story

Brandon's brother on horseback

We’ll be doing a post very soon on our awesome Arkansas Delegation, along with Senator Lamar Alexander, and their call to extend the comment period on the EIS. Right now, we really just want to bring you another voice from the route…

On Thursday, President Obama gave his sixth State of the Union speech. Predictably, Clean Line took a snippet on energy:

“America is number one in ‪windpower.”

…and added their own footnote on their Facebook page:

“We need long-haul transmission lines to move America’s vast renewable energy resources to market.”

Now, I know the POTUS talked a bit about infrastructure, but I don’t recall him saying anything quite like that… He did say this though:

“And as a new generation of veterans comes home, we owe them every opportunity to live the American Dream they helped defend.”

So, this is Brandon Bishop from Oklahoma:

"Here’s my story. I didn’t have a lot of direction in my life when I was younger. I joined the Marine Corps when I was 19. I was just trying to get a start. I figured if nothing else, after serving at least I’d have the opportunity to get a better job. Got married two months before I joined. It was hard on us, but we made it. I served for four years and went to Desert Storm.

I don’t feel entitled, but I feel like I’ve done a lot of things that others haven’t. I’ve served my country, worked hard, paid my taxes. I’m a disabled veteran and a productive citizen.

They’re wanting to run that line right down the center of the land where I want to build.  I’m not a rich man, but I’ve got that land out there…That was passed down to me. That’s what we do. I’m setting my kids up for success. I’ve been setting this up for years and years so that they would have something... A place.  We were going to build a retirement home there. A little log home.  My daughter grew up here. She’s really fond of that land, she’s got a lot of memories. She and her grandfather worked horses there.

These people (Clean Line) don’t know anything about me. They want to run through my property and destroy my hopes and dreams. I don’t have any ill intent for anybody, but it’s appalling to me… for them not even give me a say-so. It’s legalized thievery to me. The rich get richer and the poor get poorer.

So many people anymore, they sell out… but we just want to run the cattle and cut the hay, appreciate the beauty of the land. If we got another 200 acre tract of land, what’s to stop them from doing the same thing there? To me it’s abusive to the American people.

How much is enough? Before the people have had enough of it? All I’m telling you is my honest opinion.  And even if I wasn’t on the line, I’d feel the same way. I’d stand up for my neighbors the way I’d want them to stand up for me."