Who wants some (MORE) Clean Line whine?

If you hadn't noticed, Clean Line is having a pretty rough go of it these days. I thought I would provide a little update, because I wouldn't want anyone who is interested (*coughINVESTORScough*) to miss out on anything important.

1) Clean Line denied a third time in Missouri:

As many of you probably already know, on August 16, Clean Line was denied for a third time in its bid to become classified a "public utility" (with the added benefit of eminent domain) in Missouri. We wrote about that here so I won't go into much detail, but it definitely put a wrinkle in their plan.

2) Tennessee Valley Authority says "thanks, but no thanks" to Clean Line:

This one speaks for itself.

The cost of meeting TVA's power demand also involves more than just the marginal costs of what intermittent power producers such as wind and solar generators can quote for TVA, Johnson said. 

Clean Line Energy Partners, a Houston-based company that proposes to bring wind-generated power from Oklahoma and Texas to the Southeast along a $2.5 billion transmission line, says it could deliver power to TVA at less than 2 cents per kilowatt-hour. 

TVA signed a memorandum of understanding with Clean Line Energy in 2011 to study the proposal. But the utility has yet to commit to buying any of the 3,500 megawatts of wind-generated power Clean Line Energy will bring to the western edge of TVA's territory along its 720-mile transmission line from near Diamond, Okla. 

TVA said it doesn't need more power generation because of the stagnant demand for electricity in its seven-state region, and Johnson said TVA still would have to maintain or build other generation capacity to make up for the Clean Line energy when the wind doesn't blow.  

Johnson said "it is hard for us to fit that [Clean Line Power generation] in our portfolio," but he said "we are evaluating it closely." 

"Wind comes at night between 2 a.m. and 6 a.m. when demand dips, so for us to take that we have to turn down nuclear plants, which essentially have no fuel costs, and we really don't want to do that," Johnson said. 

The production tax credits that would help keep Clean Line Energy rates lower are declining and will phase out completely for new wind turbines built after 2020, "so we shouldn't be delaying a decision on this great opportunity," Smith said. 

But Johnson said production tax credits "are really not our issue" and TVA must evaluate the price options for wind, solar and other intermittent sources of power based upon the full costs to the agency. 

"The price [from Clean Line Power], in and of itself, is a good price for wind," Johnson said. "But it actually costs us a lot more to import it and to make sure we have gas plants running or capable of running in case the wind doesn't show up." 

Johnson estimates having the additional capacity to make up for when the wind doesn't blow or the sun doesn't shine typically adds at least 2 cents per kilowatt-hour to the quoted price of such renewable energy. 

"At the moment, we have yet to conclude that [buying power from Clean Line Energy] is the right fit for what we are doing," he said.

3) Clean Line denied rehearing at the Missouri Public Service Commission:

This one is pretty simple. Clean Line requested a rehearing after their denial at the MOPSC. This was more out of procedure for Clean Line so (after denial of the rehearing) they could move on to the appeals process. Which is next on the list...

4) Clean Line appeals Missouri PSC decision and hired big, scary (but voted out), ex-governor Jay Nixon to represent them:

I would think an ex-governor would be fairly expensive, but since Clean Line seems to think money can buy their way through anything, they went ahead and hired former Missouri Governor Jay Nixon as their legal counsel for their appeal. I guess they thought having a flashy ex-governor as their legal counsel might in some way sway the opinion of the court. Good luck with that strategy, guys.

It sort of seems like Clean Line has too many fires and not enough firemen to put them out, doesn't it? It's almost like they start trying to implement one PR strategy and then, within days, another fire gets lit that upends arguments they've made previously. We'll see if they continue to attempt to mislead everyone in the various states they're operating in, or if they will begin acknowledging the situation they currently find themselves in. A good example would be:

5) Clean Line acquires "legal hangnail" (Read: Legal Death Knell) in Illinois for its' proposed "Rock Island" project:

Just a few days after Clean Line hired former Governor Nixon and attempted to convince the media and everyone else that Missouri is the only state holding up the process and that they should just get out of the way, the Illinois Supreme Court handed them a decision that could represent a death knell for both their Rock Island and Grain Belt projects in Illinois.

Quite a while back, the Illinois Landowner Alliance filed an appeal with the Third District Court of Appeals contending that the Illinois Commerce Commission (ICC) erred in granting Rock Island public utility status. Later, that court determined that the ICC had, in fact, erred, and the order granting them utility status was reversed. Clean Line didn't like this, of course, so they appealed to the Illinois Supreme Court. The Illinois Supreme Court took the case and handed down a unanimous opinion reaffirming the lower court's opinion that Clean Line does NOT meet the definition of a public utility in that state.

How does this potentially apply to Clean Line's proposed "Grain Belt Express" line in Illinois? Well, the Concerned Citizens and Property Owners group (composed of landowners and citizens opposed to Grain Belt Express) appealed the ICC's order granting Clean Line a CCN for that project at the Fifth District Court of Appeals in Illinois. While that case is still pending, and the arguments are slightly different, it seems like a near certainty that the Fifth District will also state that the ICC erred in granting Grain Belt Express a CCN for that project.

A decision in that case is expected any time, so watch that one closely. So much for a "legal hangnail." As a good friend of mine stated to me: "Clean Line should be given props for being able to find a silver lining in literally anything."

6) On Monday, the Arkansas congressional delegation met with Secretary Perry about its' concerns with the proposed "Plains and Eastern" project:

Early this week, our full Arkansas congressional delegation went to the Department of Energy (DOE) to meet with Secretary Rick Perry about their concerns regarding the department's participation in Clean Line's proposed "Plains & Eastern" HVDC line. More here, as well.

Now, as anyone who has been paying attention to this issue for the last few years is aware, Clean Line was denied utility status at the state PSC way back in 2011. They saw an opening at the federal level with Section 1222 of the Energy Policy Act and they took it.

Over the past few years, there has been plenty of analysis and speculation about why and how a Request for Proposals (RFP) was issued by the DOE with such perfect timing as it applies to Clean Line's project. However, even assuming everything was on the up and up and the sudden "need" for a merchant transmission line was kismet (Ali's word, lol) or simple serendipity, there are issues with the statute and its application to this proposed project.

There are only so many ways you can beat a dead horse, but the process (or lack thereof) as it pertains to Section 1222 has been painfully insufficient and has, quite frankly, sucked. It is nice to see that the desire exists within Secretary Perry's office to revisit that process. Thank you! We stand ready to assist you in providing our experience with it.

7) Cherokee Nation Council rejects resolution to grant Clean Line easement in Oklahoma.

Wow, this is a MUST watch. It sounds like someone sent out a memo that had some pretty threatening language toward the Cherokee Council in it, doesn't it? Classy stuff, guys. It's pretty sickening, if you ask me.

That's all we've got for now! Hope you enjoy. :)

Oops... There it is!

I have to apologize. In my post on the TRA ruling, I mistakenly indicated the Crawford County Quorum Court had approved a resolution in opposition to the Plains and Eastern line. I was wrong... they did it last night. You can read the resolution here.

Sounds like they had an impressive turnout. I wish I could have been there... especially since the rep who was there to argue on behalf of Clean Line was reportedly the same one who answered "No" back in June (outside their Russellville Office Hours) when I asked him if Clean Line had an obligation to contact landowners on the route for the scoping period. Chris probably remembers. He was also the guy who hovered thisclose to landowners attempting to talk to the press at the same event. Funny that for a gent so willing to give his opinion back then, eyewitnesses report he was unwilling to indicate whether or not he'd let his children live under the line when questioned by a young mother... From our Facebook group...

"One of the landowners Name withheld turned and ask "Clean lines" lawyer if he would allow his children to live under these lines....and he couldn't give her an answer...people were getting fired up telling him to answer her question!"

So now we have resolutions from three quorum courts and the Tribal Council of the Cherokee Nation, the letter from Congressman Womack to the Dept of Energy, a letter from the entire Arkansas delegation (plus Senator Alexander) and a swarm of angry Arkansans getting louder by the day... #canyouhearusnow?

At some point, the DoE is going to have to acknowledge the incredible failure of Clean Line to get landowners on board with this thing and recognize that they have much better things to work on than acting as permitting agency for old pals.

P.S. The day after Mario reiterated the same tired, old 10% reduction claim for property values, this video showed up.

Call to Action

© Copyright 2015

**CALL TO ACTION: HELP PROTECT YOUR FRIENDS AND NEIGHBORS**

Wind power has a significant place in the new energy economy. Advances in turbine and offshore technology mean that it will soon be possible to harness greater power from wind closer to East Coast, Southeast, and load centers.

The Department of Energy is determining whether to enter into a partnership with Clean Line Energy Partners, LLC, which would enable the Southwest Power Administration to condemn the property of individual citizens on behalf of Clean Line using federal eminent domain. This, in spite of the fact that Clean Line was denied public utility status by the State of Arkansas.

We need good, permanent jobs in our state, not temporary jobs that come at the expense of our neighbors' rights. We need your help to protect your friends and ensure that projects proposed to “benefit” our state don't hurt the people who make it great.

Tell your Arkansas representatives and the Department of Energy that eminent domain for private gain is not appropriate for our country! 

Here are a couple things you can do right now to help:

1. Make a public comment on the Draft Environmental Impact Statement that begins with “I oppose this project because…”
You can submit your comment here (make sure to check the box to receive email confirmation):

http://www.plainsandeasterneis.com/contact-us/comment-form.html

2. Contact your Congressmen and Senators and tell them that Arkansans deserve to have a say in what happens to the land they’ve worked for and that eminent domain for private gain is WRONG! You can find their contact information here:

http://votesmart.org/officials/AR/C/arkansas-congressional#.VMUhQEc7uSo

3. Sign and share our petition:

https://www.change.org/p/dr-ernest-moniz-protect-private-landowners-from-federal-eminent-domain-abuse-by-clean-line-energy-partners-llc

You can do even more! Just last week we met a couple landowners who still didn't know they were on the route. Please like and share this post with your friends and ask them to share as well. No one should find out they're on the route after it's too late to make their feelings on this matter heard by their government! The deadline for submitting comments and letters of opposition is currently April 20, 2015.

Thank you for taking a stand for your fellow Arkansans. We are always here to listen to your stories and offer community among other affected landowners and members of the public.

Like us on Facebook at: https://www.facebook.com/pages/Arkansas-Citizens-Against-Plains-and-Eastern-Clean-Line/1397073527241617

Or join a BLOCK group:
https://www.facebook.com/groups/blockcleanlinepope/
https://www.facebook.com/groups/BlockPECLOK/
https://www.facebook.com/groups/642766385769035/

Points to Remember:

• Arkansas needs new sources of clean energy that are locally and responsibly generated, utilize the newest technology, do not forcibly take land from Arkansans, do not involve clear-cutting 8,000 acres, and are capable of supporting local, permanent jobs.

• The proposed delivery station in central Arkansas is not a done deal. It is an “alternative” proposed in the draft EIS by the Department of Energy, not by Clean Line. Clean Line is under no obligation to build it at this time.

• New investment in Arkansas is important. However, it is wrong to imply that such investment is only possible at the expense of private property rights.

• This project has already received tax abatement in two Tennessee counties for eleven years. A sister project, the Grain Belt Express, has also received a ten year abatement in Kansas. Furthermore, two Oklahoma legislators filed a bill to change tax incentives for wind farms in that state due to the burgeoning burden developments have placed on the state budget. Billionaire investor Warren Buffet has said, “…on wind energy, we get a tax credit if we build a lot of wind farms. That's the only reason to build them. They don't make sense without the tax credit."

• Both the siting and development of the route and Draft Environmental Impact Statement were conducted without adequate landowner input as evidenced by recent quorum court resolutions against the line, as well as a resolution by the Tribal Council of the Cherokee Nation. In fact, the length of the comment period itself was recently challenged as being insufficient by the entire Arkansas Congressional Delegation along with Senator Lamar Alexander of Tennessee.

• Clean Line was rejected as a public utility by the State of Arkansas. The proposed partnership with the Department of Energy using an untested law in defiance of that decision is an example of federal overreach that will undermine years of careful planning by RTO’s for wind and renewables integration.

• It is absolutely inappropriate for the federal government to condemn taxpayers’ property on behalf of a private, merchant transmission company with no history of successful development or contractually obligated end users.

• Forcing landowners to accept fair market payments for a perpetual easement on a risky project is unconscionable. Clean Line should have to negotiate all easements without the advantage of eminent domain.

A schedule for public hearings can be found here:
http://www.plainsandeasterneis.com/nepa-process/public-involvement.html

The Draft EIS can be found here:
http://www.plainsandeasterneis.com/draft-eis.html

An interactive map of the proposed and alternate routes can be found here: 
http://www.plainsandeasterneis.com/interactive-map.html

The cart is still before the horse...

Yesterday a couple of events occurred that represent a kind of perfect microcosm for the entire debacle that has been Clean Line Energy Partners, LLC's outreach efforts for Plains and Eastern.

First, the Cherokee Nation's Tribal Council unanimously approved a resolution in opposition to Plains and Eastern. Please check out the video from that meeting. The Plains and Eastern discussion begins at minute 46. Possibly the most interesting comment comes from a Ms. Watts, who rightfully calls for an investigation as to why no one in the tribe had heard of the line until recently, when Clean Line claims to have been in contact with the CN for the last three years.

Several hours later, Clean Line Energy Partners issued a press release celebrating their approval as a transmission only utility in Tennessee. As we have not yet been able to review the order from the TRA, we can't comment on the specifics. Experience in Illinois tells us that Clean Line is adept at spinning regulatory approval, but regardless of the details, this is a big deal for them... And probably for those last few holdout landowners in Tennessee waiting for them to get that approval before signing easements.

We knew our efforts in Tennessee were a long shot, but we are so proud of the hundreds of people who signed our letter and sent in letters of their own. And, really, part of what we're fighting for is the ability of state and regional planning organizations to maintain their sovereignty. The TRA's decision to allow Clean Line utility status in spite of the objections in Arkansas and Oklahoma are a consequence of that sovereignty. That's not such a bad thing. Click here to view the docket and the letters in opposition.

How does this relate to the project as a whole? Well, once again, Clean Line has put the cart about 700 miles in front of the horse. They have their endpoint all sewn up, while the people in the middle are throwing their hands up and asking, "Clean who?" And, clearly, they're not all that happy with the answer.

How do we know that? Well, Clean Line makes a big deal about it's involvement with local government. Their goal is to get those guys on board. They've been pretty open about that... But there's a big, huge, honkin' problem with that strategy... You can't expect to get away with it if the people, the landowners, aren't on board, too. The local government is elected by the people. Not the people who live two hundred miles away, but neighbors, friends, and family members. So when the grocer's kid calls his local judge crying because the house he just built two years ago is on the route and NOBODY seemed to know about the scoping period, there aren't enough promises of tax income in the world to ease the queasy feeling that judge is going to get in the pit of his stomach. It also doesn't help when Clean Line's reps roll their eyes at landowners during county meetings (Way to go, Mario!! Listen, you can say we're full of it all day, but the bottom line is that if you guys had gone about this whole thing a little differently, we would not find ourselves the situation that we do.)

Where's the proof? Here, here, and here. Three quorum courts. Three unanimous resolutions in opposition to Plains and Eastern. Are they binding? No, but they're important. You want to take the temperature of the mood of the people? There you go. By the way, Pope is one of the two counties that have been suggested as home to the converter station. I guess taxes aren't everything...

Meanwhile, we continue to hold meetings in an attempt to reach people who still don't know about the line... Though we still get the occasional immediately affected landowner who doesn't know, we've seen a huge increase in pissed off neighbors, if I can be so blunt. People who live next to the proposed route, but not on it. I'll let this gentleman explain...

Before I go, I mentioned blossoming Clean Line opposition in multiple states in my last post. I should have just linked to all the different groups. Come visit us:

https://www.facebook.com/groups/blockcleanlinepope/
https://www.facebook.com/pages/Arkansas-Citizens-Against-Clean-Line-Energy/1397073527241617
http://arblockcleanline.com/
https://www.facebook.com/groups/BlockPECLOK/
https://www.facebook.com/groups/642766385769035/
https://www.facebook.com/pages/Block-RICL-Rock-Island-Clean-Line/133050610203359
http://www.blockricl.com/
https://www.facebook.com/blockgrainbeltexpressmo
http://blockgbemo.com/
https://www.facebook.com/pages/Block-Clean-Line-Energy/474445082622090
https://www.facebook.com/pages/Block-Grain-Belt-Express-Illinois/344837389031181
http://ridiculousricl.blogspot.com/