Arkansans DEMAND answers on this issue...

Dec 02 2015

Arkansas Senators Will Hold up Obama Nominee Until They Get Answers on Clean Line

WASHINGTON—Arkansas U.S. Senators John Boozman and Tom Cotton today announced they are placing a hold on the confirmation vote of President Obama’s nominee for the Department of Energy’s (DOE) Under Secretary for Management and Performance, Victoria Marie Baecher Wassmer, because of the department’s insufficient response to the Arkansas Congressional Delegation’s letter related to the potential partnership with the Clean Line project. The senators released the following statement:

“The Department of Energy has provided insufficient and incomplete responses to a series of questions from members of the Senate and House related to the Department’s implementation of Section 1222 of the Energy Policy Act of 2005. A requested meeting with the Secretary of Energy to discuss these matters has not yet occurred. We are also deeply concerned by the financial arrangements between the Department and applicants like Clean Line. The Department has still not explained how it avoids conflicts of interest when applicants like Clean Line pay the salaries and expenses associated with pending applications. Before the Federal Government exercises eminent domain over Arkansans’ private property, Arkansans at least deserve a fair process without conflicts of interest. We want to facilitate the consideration of this nomination by the full Senate as quickly as possible, but first we need adequate and complete responses to the questions we’ve asked. Responses received so far, while appreciated, have been partial and largely thematic, failing to address many of the specific questions raised in our September 14, 2015 bicameral letter. We hope to meet with the Secretary soon and we hope this matter can be resolved quickly.”

Click here to read a copy of the letter.

Has the Department of Energy forgotten that they work for US?

Well, except when a private company such as Clean Line Energy Partners, LLC is paying the salaries of the people who are completing and analyzing Clean Line Energy Partners, LLC's application, of course. Could this smell any more like collusion and corruption if it tried? What are you hiding, DOE?

The people you work for want answers, and they want them NOW, Secretary Moniz.

This just keeps getting worse...

When "The Solution" becomes "The Problem"...

Visit Clean Line's website touting the reasons Arkansas landowners should be comfortable with the Department of Energy granting this private company the right of federal eminent domain against unwilling sellers, and what do you find? "The Solution":

So, when does "The Solution" become "The Problem"? When Clean Line says things like this:

Opposition to the Plains and Eastern Project has been screaming for months that, should Clean Line (CLEP) get its way at the Department of Energy (DOE), they will be exempt from paying ad valorem taxes to counties within the state on both: 1) the transmission facilities within the state, and 2) the property that would be taken via federal eminent domain by the Southwestern Power Administration (SWPA). Clean Line has been touting the "ad valorem taxes" they would be paying to counties in Arkansas for at least the last year in an attempt to garner support from someone, anyone, in our state. The examples of Clean Line stating this are numerous: Here, here, here, and here. I am sure there are more, but I don't feel like looking for them, honestly.

The truth of the matter: If Clean Line is approved by DOE under their proposed terms, ALL transmission facilities and property obtained by the SWPA via federal eminent domain would, in fact, be tax exempt.

The Problem:

Clean Line has plainly admitted on the first page of the "Agreement" that their facilities will not only be exempt from any ad valorem taxation, but also that any payments that are given to counties are completely voluntary. Unless, of course, each of the twelve counties agrees to the terms of CLEP's agreement that their representatives have been busy bees distributing to them recently. So, given that fact, why is Clean Line still saying that they are going to be providing "tax revenues" to counties in Arkansas along the route? I don't know, but someone with authority should ask them. 

In addition, what happens to the tax revenues on the actual physical property that SWPA "opens up" via federal eminent domain? The portions of the parcels of land that would be owned by SWPA that property taxes are currently collected on would, presumably, become exempt from taxation as well. So, what happens if a large portion of landowners just say "no" in each county, and the SWPA is required to own a significant amount of parcels in those counties? What does that do to county revenues? Hypothetically, the revenues could either be a wash, or even a net negative.

The Problem:

In addition to plainly stating that they would be tax exempt in all counties, Clean Line is asking your county officials (you know, the ones you elected?) to guarantee them that the county wouldn't pass anything to "prohibit or materially burden the development, construction, or operation of the Project, or the enforcement of this Agreement" once it is signed. Read that a couple times for effect. Let's say landowners get really loud about this if it is approved. If your county has signed this agreement with Clean Line, you are powerless as a landowner to peaceably assemble and lobby your local government to do anything on your behalf against them. That seems important.

Further, Clean Line is setting the terms about how and when the "Agreement" can be terminated:

They do this by defining a "Company Default" and a "County Default" on page three: 

So, if a "Company Default" is defined as a "failure of the Company to pay when due the amounts set forth in Section 2" and "such Monetary Breach continues uncorrected through January 15 of the following year", what is the recourse for the county if Clean Line just doesn't pay? Well, Clean Line tells the county that they can break the agreement, or...? Who knows? Take Clean Line to court to enforce the agreement, presumably spending taxpayer money to do so?

Also, who determines that the county has executed a "County Default"? It appears like Clean Line is attempting to define what that would be, too. So, what happens when Clean Line says the county has "Defaulted"? It appears like Clean Line can terminate the agreement with the county. So, what does the county do? Again, take Clean Line to court, expending taxpayer money to try to attempt to enforce a voluntary agreement from this private company, or just not receive any money from CLEP anymore and they become tax exempt again... just as they would have been had the county not signed their agreement and agreed to shut out a sizable portion of citizens of the county in the first place? That seems important, too.

 Fourth Page:

The moral of the story here: if you are an affected party in any of the counties this monstrous private toll road would cross, if your county officials don't agree to shut you out of your right as a citizen to lobby your local government on your behalf, but instead to always side in Clean Line's favor: the county's not getting squat, PERIOD.

All that glitters isn't gold. Read carefully before signing any "solution" that Clean Line is offering... it may end up becoming the problem.

Germany is requiring new HVDC transmission lines to be buried, so why aren't we?

The German Federal Cabinet just required new HVDC transmission lines to be placed underground. Why? Apparently Germans object en masse to 150' tall, 200' wide transmission lines being constructed within a stone's throw from residences and marring beautiful countryside, too. Imagine that, right? According to the German Energy Blog:

On 7 October the Federal Cabinet (Bundeskabinett) approved changes of draft bill amending various laws concerning power line extension. The draft bill inter alia gives priority to underground cables instead of overhead lines in case of new high-voltage, direct current transmission lines (HVDC). 

Yesterday’s decision paves the way for a faster and supposedly more accepted grid expansion. This shall lead to more acceptance, as in many places residents raised major concerns against overhead lines, Federal Minister of Economics, Sigmar Gabriel said.

1. Priority of Underground Cabling for New HVDC Projects

The draft bill changes the provisions in the  Act on the Federal Requirement Plan (Bundesbedarfsplangesetz – BBPlG). Draft Sec. 3 para 1 BBPlG gives priority to underground cables in case of HVDC projects. Close to residential areas overhead lines shall be in general not admissible (Draft Sec. 3 para 4 BBPlG).

These changes concern primarily the major north-south routes as SuedLink (South Link) or South East HVDC. Both lines – originally planned as overhead lines – have faced substantial protest of the public, especially in the Federal State of Bavaria. With the amendments pubic acceptance shall improve.

2.  Extension of Pilot Projects for Three-Phase Electric Power Lines 

In opposition to HVDC lines the DC cable projects retain their character as pilot projects. The reason for this difference is that the risks (technical risks and costs risks) of underground cable are lower for DC transmission. Furthermore less experience exists.

Nevertheless the pilot projects shall be extended. The draft bill lists four projects in the BBPlG where an installation of underground cables is admissible if certain criteria are fulfilled (e.g. short distance to residential buildings: less than 400m in case of a zoning plan, less than 200m in outside areas). The draft BBPlG stipulates that an installation of underground cables is also possible if the criteria for an installation are only fulfilled for a section of the entire power line. 

3. Next Steps

The bill will now undergo the parliamentary process, including readings in the Bundestag. The aim is to conclude the discussions in  autumn, so that the law can enter into force quickly and the necessary planning of the transmission lines can be started or continued swiftly.

I had to use Google Translate to translate the document into English from German, but, according to the legislation directly: 

With the changes in the federal law requirements plan is for the planning and Construction of HVDC lines a priority of underground cabling in the Bundesfachpla- tion introduced. The broad acceptance of the citizens is a key element for the success of the energy turnaround. In particular, described the construction of HVDC lines There are special challenges. The increased use of underground cables can optionally contribute to the acceptance of these urgently needed Strengthening projects. From a technical point of view, between the AC and the DC area to distinguish. In the power transmission over long distances by means HVDC underground cabling has fewer risks in terms of technical implementation and the costs as a relatively underground cabling of rotation power lines over long distances. In addition, more experience is available with DC current underground cables over longer distances than with three-phase underground cables before.

and: 

In DC area, the existing principle that the route planning Overhead lines based vice versa. In HVDC lines underground cabling is the rule. In the vicinity of residential areas of the overhead line is even always un-admissible. This is the highest level of acceptance for this new Created DC lines. 

and: 

§ 3 BBPlG - new - is the central norm, the prioritization of underground cabling will be implemented for the new HVDC lines.

So, as a country, what are we going to do? Germany is already going through this. The people have spoken there, and they will continue to speak here: the status quo is unacceptable. The people will not be mowed over by a massive overhead HVDC transmission line in Germany that is necessary, and they most definitely will NOT be mowed over by a private LLC in the United States for a massive overhead HVDC transmission line that is absolutely NOT necessary.

Listen, I am a progressive. I don't get any money from the Koch brothers, and I sure don't think the Keystone Pipeline would be a fantastic addition to our country, but at least the states have the option of choosing whether or not to give eminent domain to TransCanada. I am in favor of renewable energy expansion, but it's going to have to be done properly. The technology exists to put things like this underground, despite what Clean Line tells you. One of the proposed transmission lines in Germany that caused this is a 500 mile, 500kV, 4,000mW HVDC line, the SuedLink. Sound familiar? Clean Line has only one reason they don't want to put it underground: return on investment for the executives and their billionaire investors.

But, you know what? I don't care about Clean Line's return on investment. What I care about is being treated with respect, my friends and neighbors being treated with respect, and I want to see our future infrastructure be built properly. There are going to be a lot of projects that come along. Some of them will be good ones, and some of them will be bad ones. Clean Line's projects, in my opinion, are bad ones, and they are being developed by, quite frankly, a few arrogant and potentially corrupt people. The people aren't going to accept that.

To any progressive lawmakers who may be reading this, or any others for that matter: If you want to get any of this kind of stuff done, you're going to have to start listening to the people. Bypassing state authority isn't going to do it, Senator Heinrich. The status quo is over. Social media will not allow the Clean Line model to work. It just won't. Take a lesson from the Germans who are a few years ahead of us.

Why are we all still here? I don't have an answer for you.

Some folks have some explaining to do, and it isn't us...

I am just going to leave this here. It speaks for itself:

When the Moon Hits Your Eye...

No, no, no...

A Transmission Developers' Guide to Developing Deep,
Long-lasting Relationships with Landowners
Using Romantic Analogy

This very lengthy blog post was inspired by 3 things. 

First, I care a lot about what happens with Plains & Eastern, but I’m really looking beyond it, too. Transmission will happen. I don’t want anyone else to go through what the people I’ve met in the last year have. It’s heartbreaking and it’s real. Things have to change.

Second, last week someone said to me, “If I had to explain to someone how not to develop a transmission line, I would point to Clean Line.” Now, that person was talking about more than just landowner relations, but the truth is that the “vocal minority” Clean Line and their allies like to bemoan seem to be the majority of affected landowners and their neighbors.

And lastly, Dave and I were talking about the blog the other day, and the possibility that we might have some readers besides the “vocal minority”, our friends and parents, and of course Clean Line. Readers who might actually invest in or develop transmission. We complain. A lot. But we don’t give a lot of good examples about what you should be doing instead. 

Clean Line hasn’t been all that receptive to our suggestions. Maybe it’s because they see this relationship they’re proposing in a more mercenary light, but the truth is… At some point transmission developers are going have to decide if they want to wade through years and throngs of opposition, or put their big boy/girl panties on and treat landowners (da-dum-dum) the way they would in any other special relationship in their lives. So, let’s try putting that special relationship in romantic language and see if that helps clarify.

The Ten Rules of Woo

1.  To woo or not to woo- This is of the utmost importance. You have to be able to prove a concrete need for your project. A real, actual need. If that need is simple economic development, that’s fine, but don’t expect to be able to access eminent domain without going twelve rounds with the public, the press, and the court system. Yes, you many win, but it’ll cost ya’. And for goodness sake, if you decide to woo, work the rest of the rules. Always remember that no one “owes” you a relationship.

2. Saddle up and be a man/woman- If you’re over 14, notes passed in class are unacceptable. So are vague postcards. And newspapers. Forty years ago, newspapers ads were a fantastic way to reach people. They're still a great way to reach some people, but they’re not enough to reach the most important people: the landowners you’re proposing a long-term relationship with. The same with postcards. It doesn't matter if that's what's legally acceptable or not. You're not trying to get a date with a lawyer, you're trying to get a date with a hottie. Do the work.

Let’s say there’s this person you see at the grocery store every week. Do you tell the guy in the deli how cute she/he is and just hope that he mentions your interest to her/him? Well, you can, but you probably shouldn’t make reservations at Chez Madeline’s for the next night.

I know it can be hard and scary to meet someone for the first time. Especially when there’s something you want from them that they might not be excited to give, but you just have to do it. Be direct. Be nice. Repeat. Be consistent. And, for heaven’s sake, be early. You want to see an angry landowner? Easy. Make them the last to know about a project.

3. Keep the “woo” in your wooing- Yet again, no one owes you a relationship. You might think that they do, but they don’t. If you want to be with someone without getting a martini thrown in your face, you have to work at it. I’m not talking about flowers or candy (although candy is nice), I’m talking about taking the time to get to know someone. You don’t wait until after your wedding to find out if you have shared interests. At least, not anymore. Take the responsibility, and the initiative, to make sure your new friend feels comfortable with you. Be genuine. Call them up. Respect their boundaries. Give them control of the situation. There’s this phrase you see posted in a lot of offices, “A lack of planning on your part does not constitute an emergency on my part.” Give yourself the time and space in your development plan to really work with people. Recognize that they may have had bad experiences with developers in the past. Respect those experiences. Go the extra mile to show them you're not that way. Recognize that courting today isn't done the way it was fifty, twenty, or even ten years ago. Respect the shifting values and work with them. You can't rely on, "Well, this is the way wooing has always been done." Not if you want to get lucky.

Clean Line managed to get most of the easements for the Tennessee segment of Plains & Eastern before they even got utility status from the TRA. I listened to the final TRA hearing. They had a landowner testify about what a great experience they’d had with Clean Line. This was at a time when we were still routinely running into landowners in Arkansas who had no idea they were in the corridor or potentially affected.  Now, granted there is opposition in Tennessee which has been less vocal, but what accounts for the difference in the perception of Clean Line in these two states? Contact. Early contact. A willingness to put themselves out there in terms of risk. They could have wound up with 17 miles of easements they had no use for (still well within the realm of possibility), but they did it anyway. They tried to show the Tennesseans they were valued and important. When asked by the TRA commissioners why there was so much opposition in Arkansas, Clean Line admitted it was because they’d had less contact with Arkansans because the route was less certain. Here’s the thing about that. They’ve always had a preferred route. They’ve always known where they wanted to go. My hunch is that the cost of effectually contacting all those people was an issue... and that it's easier to ask for forgiveness than permission (though more cowardly). I don’t really know though.  What I do know is that people were furious when they found out the project had been in the works for six years without their input… A lack of effective planning and commitment on your part does not constitute an obligation to fall into line on our part.

4. Watch your messengers- We’ve all played telephone. It’s an old story that doesn’t need rehashing. However, the importance of who you pick to represent you can’t be overstated. If you’re going to choose an advocate to lobby your intended on your behalf, at least chose one he/she likes. If you have to remind them not to belittle or minimize the object of your affection, they’re probably not the right person. If you overhear him/her telling your lover that his/her concerns about his/her health and well-being are irrelevant, you probably need to have a heart to heart. If you discover your messenger had planned to try to humiliate your lover into submission, time to rethink your choice. If you find that your advocate has misrepresented you in an embarrassing way, you might not have the right person. Especially if that misrepresentation is something you were (I hope) unaware of (because… dang).

5. The truth will out- In this day and age, the internet is not only forever, but freely accessible to anyone with personal access or a library card. An astounding amount of information is available on everything from RTO studies, to policy development, to real estate and health studies, to resumes. Social networking means that opposition groups across the country can work together to keep tabs on you and share their knowledge. Be honest about yourselves, your company, and your intentions… Lest the jilted lover of your secret lover air your (hopefully false) dirty laundry online. So if you have, say, a ridiculous little graphic showing how energy is transmitted from wind farms to houses, it doesn’t have to be to scale, but it should be at least somewhat reflective of your proposal proportionally. People aren’t stupid as a general rule and they tend to get grouchy when they feel they’re being manipulated.

6. Don’t promise Aunt Pauline the veal before you’ve proposed marriage- You want to see your lover angry? Ask their parents for their hand before you’ve actually asked your intended. Or better yet, promise Uncle Floyd he can live with you after you’re married without the express and full consent of your would be spouse. It’s a pretty common thing to court schools and job seekers as a means to drum up support for a project, but it’s dangerous when you start attempting to leverage that support to force a situation or override landowners. Can it work? Sure, maybe. But when you attempt to divide a community like that there are repercussions. I’m an agnostic, so I’m not talking about the karmic, “judgement of God” kind of repercussions, but the human ones. 

You may believe with all your heart and soul that you’re doing the right thing, but if you’re yanking your lady into your cave by the hair, you’re treating her badly, even if you end up with a wife. The “greater good” is both a fluid and subjective thing. The damage we do to each other is more concrete. If you feel lost or uncertain, or even if you don’t, do a gut check. Go to the mirror and stare at yourself. Imagine yourself as all the other players in your situation. All the players. Try to feel what they’re feeling, think what they’re thinking. Watch to see if you flinch. If the line between your eyes gets deeper. If you start crying… Then decide if you’re on the right path. And if you’re not, think about how you might fix it. By the way, if you don't feel any pangs of conscience, if you're not at all moved by the struggles of others, you need to see a therapist. Immediately.

7. Apologize when you’re wrong- It’s such a simple thing to do and it carries so much weight. I know this is scary, especially for companies worried about lawsuits, but an apology is so, so very powerful. I mentioned the following to one of Clean Line’s big wigs during the EIS hearings. I’m not sure he actually heard me, but it’s worth repeating: the doctors who don’t get sued aren’t the flawless ones, they’re the ones who apologize.

"Mr. Utley, impressed, didn't bother hiring a lawyer. He settled directly with the hospital for an undisclosed amount which he says was far less than he might have been awarded in court. "They honored me as a human being," he explains.

We all want to be honored as human beings. All of us. We want our life’s work respected. Our autonomy, our intrinsic value, our opinions and thoughts to be given weight. We recognize that for developers, this is all business, but for us, it’s personal… and business. 

8. Take her girlfriends/his boys out to dinner- A major bone of contention with this line is that it affects not only the hosting landowners but their neighbors, who go uncompensated. The proposed line is very, very different from a cell tower, so that argument falls flat (although neighbor payments for cell towers deserve their own discussion). There are situations where P&E would pass much closer to a neighbor’s house than it would the hosting landowner. Those people deserve to be compensated. Well compensated. In spite of what Clean Line repeatedly argues regarding property values, the bottom line is that even if the losses aren’t as great as so many people (lawyers, real estate agents, etc…) expect them to be, developers (especially private developers) have a moral and ethical obligation to make people whole. 

I can’t tell you the level of stress this project has caused people. People who’ve sunk life savings into retirement homes and are terrified that this project will make their futures’ financially insecure. And it makes sense that they would be scared. Listen, even if Clean Line is right, and the property value loss is only 10% (which I am not conceding) next to the line, if you had $100 in your pocket to live off of the rest of your life and some stranger came up to you, took $10 and ran away, would you not be furious? Would you not be deeply offended and terrified? Especially if you knew they were going to turn that ten into thousands? It’s wrong. It’s just wrong. I don’t know how else to say it, and I’m kind of amazed that I even have to.

9. Take a frikkin’ shower- Okay.  Put new transmission underground. I know it’s more expensive. I don’t care. Put the damn things in the dirt. You want to see opposition go home? Take away a major bone of contention.  Looks matter. They do. Duke Energy says they do:

"Regarding vistas, we do consider view shed meaning visual impact as opposed to direct impact on a property," he wrote. "I would also say that, based on public input, we will weight certain factors such as view shed more heavily than others.

Senator Ben Cardin said looks matter when he wrote an amendment to the tax extensions package requiring that new transmission go underground to deal with “the NIMBY issue”. The QER talks about it, too. 

Don’t want to deal with NIMBYs? Fix their driving issues. Duh.

People who do the dirty work of hosting the country’s infrastructure deserve to be treated with deference and respect. They deserve to have their needs met. So, when we tell you developers that you need to stop trashing our view, you need to stop trashing our view. And stop trying to shame people for feeling that way. Aesthetic beauty isn’t something that should be the province of only the people who can afford it. Like… investors and wind farm opponents in Nantucket, say. We can keep arguing about this issue or you all can do the work, speed your process, cheapen your overall costs, and make people happy.

10. No means no- I’ve got to finish up because I’m just getting angrier and angrier as I write this, but this, this right here, is the rule you should never get to. If you find yourself considering whether or not to force your project on someone, you better go back and review the other rules because violating this one is not okay. It’s a failure. Once you've taken that step, there is no turning back. That relationship will never be repaired. It will never be healthy, even if it's moderately functional. Just the threat of that kind of violation is enough to irreparably damage a person and a relationship. It's a bell that can't be unrung. It leaves a mark. Not just on the victim, but on the violator. If you are vastly relying on a legal authority to compel acquiescence to your project, you need to take your butt back to the bathroom mirror and perform another gut check. 

I’ve said it before, ad nauseam, but I’ll say it again: allowing a developer blanket eminent domain to force a project is as ridiculous as allowing a single holdout landowner to derail a good project. It’s stupid. It’s ugly, and it’s wrong.  

Happy Sunday.