Friday, 11/17/23

Monroe, Audrain, and Callaway Counties

Tiger Connector Landowner Meeting

A meeting will be held Tuesday, November 21 at 6:30 pm in the basement at the Audrain County Courthouse for landowners affected by the Tiger Connector.

Brent Hayden will be attending.  He has been a lead on the hearing with the PSC and has handled a lot of the conversations for many of the landowners to the north affected by the main line.

Josh Hawley and Eric Schmitt’s offices have been contacted to try to have someone in attendance from their offices.  Local officials should be present as well.

Missouri Farm Bureau staff will be present as well to go over what bills will help us move the needle for property rights in the future.

There is an entrance to the courthouse basement on the NW corner of the square that goes directly into the meeting room.


Tuesday, 10/17/23
Monroe, Audrain, and Callaway Counties

Grain Belt Express Update

On Thursday, October 12th, the Missouri PSC approved the Grain Belt Express Tiger Connector.  (Link to the ruling here.)

This approval allows Grain Belt to build the project in two phases.

The Commission’s Report and Order in the Grain Belt Express case essentially approves all of the major requests made by Grain Belt for an amendment to the CCN (Certificate of Convenience and Necessity) granted earlier to Grain Belt by the Commission.  The Order becomes effective on November 11, 2023.

This means that Grain Belt is authorized to relocate the converter station from Ralls County to Monroe County; to increase the capacity of the Missouri converter station from 500 MW to 2,500 MW; to build the Tiger Connector line in Monroe, Audrain, and Callaway Counties; and to construct the segment of the line covering most of Missouri before obtaining financing for the segment located primarily in Illinois.

The Order consisted of 76 pages, plus several additional attachments.  It was approved by four Commissioners, with Commissioner Hahn dissenting.

The majority followed the traditional approach in Commission cases regarding a CCN, examining five primary issues: the need for the project; Grain Belt’s qualifications to build the line; its financial ability to build the line; the economic feasibility of the project; and the public interest.  In deciding each of these issues in Grain Belt’s favor, the Order relies favorably on the evidence on each of these issues submitted during the proceedings by the witnesses for Grain Belt and its other supporters.

The Order attaches a number of “conditions” to the grant of the CCN, including most of the conditions included in the grant of the CCN in the last case.  In addition, it includes the following additional conditions: landowners on the Tiger Connector line have the option of accepting 150% of fair market value for easement property, or 110% plus payment for support structures; annual reports are required from Grain Belt regarding economic impacts of the line on such factors as job creation and property taxes; after construction is completed, Grain Belt must contact every landowner on the right of way to “ensure construction and clean-up has been done properly and to settle any damage complaints”; and Grain Belt is to add to the Landowner Protocol the information needed to contact the office of the Ombudsman for Property Rights.

In addition, the Commission urged Grain Belt to compensate landowners for the use of the easements in providing fiber optics on the structures; and to provide landowners with as much notice as possible, but at least 72 hours, before accessing their property for the first time.

Grain Belt Express Obstacles:
– GBE does not have enough customers to be financed
– The Department of Energy has not yet approved its federal loan guarantee

Once the draft Environmental Impact Statement for the Department of Energy loan is prepared, it is hoped everyone can review and comment.  A notification will be sent once the draft is ready for comment.

While the Tiger Connector Amendment Order is effective November 11, it is possible contract land agents will make contact prior to the effective date.

Currently, Chariton and Monroe County Commissions have lawsuits pending regarding Grain Belt crossing county roads.

Very few landowners have signed with Grain Belt Express.  Most people seem to have a problem with a for-profit company being granted eminent domain for an invasive overhead transmission line that is not wanted or needed in Missouri.

It is strongly recommended that anyone considering signing any documents presented by Grain Belt Express first seek legal advice.

To read the highlights (and lowlights) of this Order from Keryn Newman, who is a wealth of information on this subject, click here.

If you are a landowner interested in fighting this transmission line to the end, please email us at contact@mosaysno.com with your name and the county you are in.  We will get back to you with the appropriate contact person.


Monday, 8/14/23
Monroe, Audrain, and Callaway Counties

Grain Belt Express Update

On 7/26, the Missouri Public Service Commission (PSC) discussed the Tiger Connector amendment.  Here is the video of that meeting.  A decision could be made in the next week or two.  Although we hope the decision is NOT to approve Tiger Connector, we do need to prepare for the alternative.  The next three Missouri PSC regular agenda meetings are scheduled as follows: 8/10 at noon; 8/17 at 10:15; and 8/23 at 10:15.

The PSC decision will be published in a written Order, which likely will become effective 30 days following the decision.  If the Tiger Connector line is approved, landowners should be prepared for contact by Contract Land Agents working for GBE.  The offer to purchase easements by land agents does not constitute the required 60-day notice of intent to condemn property.

At this time, only a survey of the land may be done without a landowner’s permission.  It is especially important to wait before signing any documents from GBE until the PSC Order is issued and becomes effective.  If you decide to negotiate with Grain Belt Express, please seek legal advice.

2019 PSC CCN Order:

In the PSC’s 2019 CCN Order, it states if Grain Belt does obtain any easement by condemnation and does not secure financing for the entire project within five years from the time such easement is recorded, then Grain Belt must dissolve the easement, and may not seek reimbursement for any payment already made to the easement to the landowner.  For easements secured voluntarily without going through condemnation proceedings, Grain Belt made no similar commitment not to seek reimbursement for payments made to the landowner for the easement.

IMPORTANT TO KNOW:

  1. Monroe, Audrain, and Callaway County Commissions have not given GBE assent to cross county roads.
  2. GBE has applied for a federal loan through the Department of Energy.  The loan has not been approved.  Public Comments were made in January 2023, and a draft is expected in November which will have a public comment period.
  3. It has been over nine years since GBE filed the initial application with the PSC for the original line, and over four years since the line was finally approved.  In the meantime, no significant construction has started, relatively little capacity on the line has been sold by GBE, and approximately 40% of the needed easements in Missouri have not been secured.

OPPOSITION:

Decision or not, your support makes a difference.  Continue to fight for your property rights.  Recently Senator Josh Hawley spoke with an Invenergy representative: https://www.youtube.com/watch?v=hcC5Jdf6J4U

Let Senator Hawley know you do not think it is right for Grain Belt Express, a privately owned company, to have the authority of eminent domain and use our taxpayer dollars to fund their speculative project that does not meet the typical public use requirements.

This project would not service all users in a territory and charge the same rates.  Instead, GBE would only deliver power to utility companies at rates it would negotiate separately with each company.  GBE is not necessary to bring electricity to Missouri by carrying wind from southwest Kansas to any area in Missouri or to update the grid in any way.

Contact Senator Hawley:

Capitol Phone: (202) 224-6154

Columbia Office: 1123 Wilkes Blvd., Suite 220, Columbia, MO  65201

Columbia Office Phone: 573-554-1919

Email contact information here.

 


Sunday, 7/30/23
Everyone in the U.S., Monroe, Audrain, and Callaway Counties

DEADLINE for action is Monday, 7/31/23:  The U.S. Department of Energy is planning to let transmission developers request National Interest Electric Transmission Corridors (NITECs) that coincide with financially lucrative transmission projects.

Once the Department of Energy designates a NIETC at the request of a project developer, the project owner will have FEDERAL EMINENT DOMAIN to take your property against your will.

Transmission line developers shouldn’t get to decide when, where, and why they build transmission lines while using our tax funds to do it.

Read more about this at http://stoppathwv.com/stoppath-wv-blog.html and the post ‘Don’t be a Federal Eminent Domain Victim’.  The link to let the Department of Energy know your thoughts is in the article, or you can access it here.

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Also, there is still time, though not much, to let the Missouri Public Service Commission (PSC) know your thoughts regarding the Grain Belt Express ‘Tiger Connector’.  The line is proposed to branch off the main line across Missouri through Monroe, Audrain, and Callaway Counties via eminent domain.

Since this line is being proposed by a for-profit company with no customers and no need for the line, many who are affected are vehemently opposed to their land being taken for this unwanted, unsightly, and unnecessary line that never should have been granted eminent domain by the PSC to begin with.

The Missouri Public Service Commission (PSC) is set to make a decision shortly (first to middle of August) if they will allow the ‘Tiger Connector’ line to happen.  Therefore, it is imperative that they get LOTS of comments soon from concerned citizens who oppose the transmission line being allowed.

Here are the instructions for commenting:

Go to https://efis.psc.mo.gov/mpsc/docketsheet.html.  Enter case # EA-2023-0017 and press <Enter>.  On the next screen, look in the upper right for the blue header titled ‘Public Comments’ and click on it to leave a comment.  Make sure to include the case number at the bottom before submitting your comment.

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Voices for Cooperative Power needs people to contact their legislators regarding the burdensome regulations the Environmental Protection Agency (EPA) has proposed for new and existing power plants.  Read more about how these regulations can affect grid reliability and take action here.


Thursday, 6/28/23
Monroe County

Invenergy/Grain Belt Express Representatives are on the Monroe County Commission agenda for Thursday, June 29th at 2:30pm.  The meeting is open to the public.


Tuesday, 6/13/23
Audrain/Callaway/Monroe Counties

The hearing wrapped up on Thursday, 6/8 with the judge giving the parties until mid-July to get all of their responses and other paperwork in so the Public Service Commission can make a decision by early August.

While it is too late to attend the hearings, you can still comment on the Missouri Public Service Commission’s website up through at least the end of July with instructions here:

To leave a comment, go to https://efis.psc.mo.gov/mpsc/docketsheet.html.  Enter case #: EA-2023-0017 and press <Enter>.  On the next screen, look in the upper right for the blue header titled ‘Public Comments’ and click on it to leave a comment.  Make sure to include the case number at the bottom before submitting your comment.

To watch the recorded hearings, you can click these links for Day 1, Day 2, Day 3, and Day 4.
You can also read an easily digestible breakdown summary of the hearing broken down into two installments of Part 1 and Part 2.

We recommend you at least watch or read the summary of these meetings as they are very telling about how Grain Belt Express operates and the lengths they will go to to try to get their way, even when it isn’t beneficial for anyone except them.

Make sure to tell your neighbors about these options for us to voice our opposition to this gross misuse of eminent domain.  The Public Service Commission is in charge of allowing Grain Belt Express to proceed with their plan, so it is important that they hear from every member of the counties being affected, Monroe, Audrain, and Callaway.

***NOTE***  Other counties in other states have been able to keep these predatory companies out of their counties by showing up in large numbers and being heard.  Once all of the pieces are in place and construction starts, it will be too late.  We need all citizens who oppose our rural country community being turned into an industrial green energy area to join us and let those in power know we do not want this in our counties.  Contact our County Commissioners and comment on the Public Service Commission’s website and get your neighbors to do it also.


Thursday, 5/25/23               UPDATE:  HEARING ENDED A DAY EARLY, THURS. 6/8.  COMMENTS CAN STILL BE MADE UNTIL 7/31/23
Audrain/Callaway/Monroe Counties

The remaining option outside of local intervention from our county commissioners for stopping the Grain Belt Express ‘Tiger Connector’ line is to attend the Missouri Public Service Commission hearing Monday, June 5th- Friday, June 9th (although the hearing may not last the entire week).

The hearing starts at 8:30am and ends at 5pm.  It will be in Room 310 of the Governor Office Building, 200 Madison Street, Jefferson City, MO.  There is a parking garage across the street for parking.

We need as many people as possible to show our overwhelming opposition to this project.  It will be somewhat formal, like a courtroom, so appropriate attire and conduct should be exercised during this observational-only hearing.  There is a side door for easy entry and exit during the hearing, so even if you can only make it for part of the time, you can easily come or go.

***NOTE***  Other counties in other states have been able to keep these predatory wind and solar companies out of their counties by showing up in large numbers and being heard.  Once all of the pieces are in place and construction starts, it will be too late.  We need all citizens who oppose our rural country community being turned into industrial wind and solar areas to join us and let those in power know we do not want this in our counties.

If you can’t attend in person, you can live stream it here,  https://www.youtube.com/@MissouriPSC.   We need overwhelming support to preferably show up or tune in and it be seen that we oppose this line.

Another option everyone needs to take advantage of is to leave a comment on the Missouri Public Service’s website opposing Grain Belt Express using eminent domain as a privately held, for-profit company, to take people’s land for an unwanted and unneeded transmission line.

There is currently no exact deadline for posting comments to the Missouri Public Service Commission’s website opposing the ‘Tiger Connector’ transmission line.  We expect it to probably be later this year, before they make a decision Since we have no idea when leaving comments might be cut off, we recommend leaving comments starting immediately.  More than one comment can be left.

To leave a comment, go to https://efis.psc.mo.gov/mpsc/docketsheet.html.  Enter case #: EA-2023-0017 and press <Enter>.  On the next screen, look in the upper right for the blue header titled ‘Public Comments’ and click on it to leave a comment.  Make sure to include the case number at the bottom before submitting your comment.

Make sure to tell your neighbors about these options for us to voice our opposition to this gross misuse of eminent domain.  The Public Service Commission is in charge of allowing Grain Belt Express to proceed with their plan, so it is important that they hear from every member of the counties being affected, Monroe, Audrain, and Callaway.


Friday, 4/28/23      UPDATE:  NO BILLS WERE PASSED
Missouri

Update regarding House Bill No. 1052 (Prohibits the use of eminent domain for the construction of any plant, tower, panel, or facility used for wind or solar projects) :

MO Farm Bureau supports this bill because a statutory loophole exists in which a landowner could in the future no longer have the right to choose whether or not to put solar or wind energy-producing structures on their land.

It has now passed through all committees and is waiting for House Speaker Plocher to bring it to the floor. Please email him at dean.plocher@house.mo.gov or call at 573-751-1544 and tell him you want this brought to the floor for a vote.

Email or call your representatives and senators and tell them you want this brought to the floor for a vote and that you want it passed.

Missouri House of Representatives
Audrain/Callaway/Monroe County residents contact Kent Haden via email at Kent.Haden@house.mo.gov or call him at 573-751-3649
Callaway (New Bloomfield) residents contact Jim Schulte via email at Jim.Schulte@house.mo.gov or call him at 573-751-5226

Other Missouri county residents can find their representative here.  On the left-hand side of the page is a ‘Members’ area.  Scroll down to the section that says ‘Counties’ and click on it to get the name(s) of your representative and their contact details.

Missouri Senators
Callaway/Montgomery/Lincoln/Pike County residents contact Travis Fitzwater via his contact page here, or by phone at 573-751-2757
Audrain/Randolph/Monroe/Ralls/Macon/Shelby/Marion/Adair/Knox/Lewis/Schuyler/Scotland/Clark County residents contact Cindy O’Laughlin via her contact page here, or by phone at 573-751-7985.

Other Missouri county residents can find their senator and their contact details here.

Time is of the essence now as the legislature dismisses May 12.

This is probably the only hope of solar and wind legislation we can get this year. Do not fail to act. Solar and wind are probably nearer you than you know as all leasing is done with a nondisclosure clause for landowners so they will not tell you.


Thursday, 3/16/23
Missouri/Callaway County

There were about 150 Callaway citizens who attended the Mid Missouri Landowners Alliance meeting on solar and Grain Belt Express that was held at the Callaway Electric Building last evening.

Rep. Haffner talked about HB 1052 which will ensure that solar and wind projects will not be able to use eminent domain to seize land to build upon.  He also explained HB 1044 which changes the number of people on the Public Service Commission from 5 to 11, one being from each congressional district, and including at least 3 members who are engaged in agriculture.  He also talked about HB 992 which prohibits energy companies from using eminent domain if they choose to collocate with other energy entities.

Attorney Steven Jeffery talked about the Grain Belt Express and their application to the DOE for a guaranteed federal loan to build the 3.5 billion dollar line through Kansas, Missouri, and Illinois…………and having the Tiger Connector come down through Monroe, Audrain, and Callaway Counties to tie into Ameren’s lines at the Ranger Power Solar Farm near Kingdom City, MO.  He talked about the Environmental Impact Study that the DOE has required to decide if there is an actual need for this line, what alternatives exist to using eminent domain to cross farmland, and all the environmental issues associated with this line crossing three states to bring electricity to the US Eastern grid in Indiana.  He stated that the Environmental Impact study would not be completed until this fall and that citizens will have the opportunity to provide more input into the feasibility of building the GBX and Tiger Connector.

Senator Fitzwater talked about his bill which is identical to Rep. Haden’s HB 1065 and the reason Callaway County has been “targeted” by these electric giants: no planning and zoning, and the power infrastructure that is already in place.  He talked about his efforts for the past two years to uphold property rights for landowners/leasers as well as property rights for those having to live next to these solar farms.

Rep. Kent Haden talked about his bill, HB 1065, and the need to pass this because Missouri is facing about 100 solar developments or wind farms that will be built within the next few years.  This is not just impacting Callaway County, but many counties, especially in north Missouri because many of these rural counties do not have planning and zoning as well.  His bill provides for setbacks, fair taxation of these solar farms, and provides a legislative framework for county officials to have some say in what happens in their counties.

Commissioner Roger Fischer talked about the need for our county to regulate some aspects of these solar farms to protect citizens who own land, and/or live adjacent to them.  He felt solar should also be required to do environmental impact studies and that solar developers should provide a decommissioning fund to dismantle these solar “farms” when they are no longer profitable to the energy companies.

Citizens were able to ask questions of all speakers and voice their opinions. Overall it was a very informative meeting.

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