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.