In January of 2005, prior to the formation of The C4 Association, rumors began circulating in the Norborne area of Carroll County that someone by the name of McFadden Land and Title was purchasing, and attempting to purchase property west of Norborne, MO. (They refused to identify who they were representing.)  We subsequently, in late February, discovered they were acting as realtors for Associated Electric Cooperative, Inc. (AECI). 

Furthermore, we found that AECI was acting in concert with our Carroll County Commissioners, County Clerk, and the Director of Economic Development. Sad to say, especially in an open government Sunshine Law state, these officials did not see fit to inform the residents of the county that elected them.  In fact, it was our County officials that initiated the invitation for discussion, and early meetings with AECI were held outside the county as far back as early 2004.

In late February, residents met to discuss these developments, formed The Concerned Citizens of Carroll County, and asked the commissioners what was going on. We were only then informed that AECI was proposing to build a new coal-fired power plant.  Carroll County was being “considered” as the new site.

There are four basic issues of concern that C4 will address on this site. They are

• Carroll County government
• Associated Electric Cooperative, Inc.(AECI) proposed project.
• Environmental Factors
• Eminent Domain

“Where secrecy or mystery begins, vice or roguery is not far off”
Samuel Johnson – Poet, Critic, and Writer. 1709-1784

The very word 'secrecy' is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths, and to secret proceedings.
John F. Kennedy

In America today you can murder land for private profit. You can leave the corpse for all to see, and nobody calls the cops. Paul Brooks

AECI keeps telling us what a “good corporate neighbor” they wish to be. Do YOU want a neighbor like this?

Give me a land of boughs in leaf, A land of trees that stand; Where trees are fallen there is grief; I love no leafless land. A. E. Housman

That land is a community is the basic concept of ecology, but that land is to be loved and respected is an extension of ethics. Aldo Leopold (1887-1948)

Associated Electric Cooperative, Inc.(AECI) proposed project

According to the preface of AECI’s history book, “Win-Win”, in 1961 the rural electric cooperatives of Missouri pooled their resources to create the huge power supply organization called Associated Electric Cooperative, Inc. Their headquarters are located in Springfield, MO.

Although they claim such attributes as “Transparency”, “Good Corporate Neighbors”, “Economic Developers”, etc., our experience has shown them to be just the opposite.  If there was, or is a consortium more deceitful, dishonest, arrogant, or greedy than AECI, we haven’t heard of them! What’s worse, they’re quite proud of this well deserved description! Even in their history book mentioned above, “Win-Win” (gladly presented to the public) they brag about their underhanded knavery that violated the Clean Air Act, cost their duped contractors $4 million, and delivered untold health repercussions on the nearby residents.

In this document, “Win - Win – An Informal History of AECI, 1996; Chapter 9 – Page 103”, the then new “New Madrid” facility was operating in violation of the Clean Air Act; resulting in a lawsuit being filed by the federal government to shut down the plant. However, the initial suit was dismissed on a technicality and AECI expected an immediate refilling of the case.

To prevent the shutdown of the New Madrid facility, AECI negotiated with the federal government’s attorneys; the result being that AECI would sue the manufacturer of the pollution control system instead, allowing the plant to continue operating; the federal government agreed to this procedure. This suit was settled a couple of years later for 4 million dollars worth of spare parts from the manufacturer. However, in the interim the New Madrid plant continued operations in violation of the Clean Air Act; the AECI reasoning… economics.

Over 20 years ago AECI attempted to strong-arm their way into Carroll County. We were fortunate to have honest and responsible county government at that time, and AECI was sent packing with their tail between their legs.  But, they learned a valuable lesson they are applying today…secrecy! With the support of our County Commissioners, Nelson Heil, David Martin, & Jim Stewart, (the “Three Wise Men” mentioned earlier.) and the County Clerk, Peggy McGaugh, AECI has gotten everything they asked for! Since our Planning & Zoning Board, Department of Economic Development, etc. are all appointed by the commissioners, they are virtually puppets. Their approval and endorsements of AECI’s requests are no more than a “Kangaroo Court” to dupe the public into believing everything is being done by the books. (What few “books” there may be are conspicuously absent.  Even the out of date Court Library is kept under lock and key.) An example of this “Pea and Thimble” game is as follows:

Once we knew AECI was in apparent collusion with our county officials, we immediately requested, pursuant to our Sunshine laws, any copies of rules and guidelines that described or regulated Carroll County’s rules of land usage, county constitution or charter, and rules and regulations specific to duties of the officers.  There were none produced.  As the clerk, Peggy McGaugh, stated, “We can’t produce something that doesn’t exist.” Yet, a year later, during a public hearing to rezone AECI’s land holdings from agriculture to industrial, during the mid-hearing break, Lo and Behold…there was the official Carroll County’s comprehensive plan (i.e., “Guide Plan For Land Use & Future Development”—dated March of 1992!! Of course, it had never been seen by the Planning & Zoning board prior to this and thus much too late to effect their voting. And if it had changed their voting, it would have made little difference;  the county commissioners are under no obligation to follow Planning & Zoning suggestions…just consider them in reaching a decision.  (It should be noted that industrial development on AECI’s property is in violation of the “Guide”.)

One of AECI’s most successful tactic is to create their own data, and hire outside firms to publish this information as their own studies. This was done to show there was: (a) a need for additional generation, when by AECI’s own data, there is more than sufficient capacity to meet projected demands through 2020; (b) to produce an Environmental Impact Statement to satisfy Federal guidelines; (c) to perform a scanty well study to indicate sufficient water supply, (The study actually stated that, “Based on water usage data supplied by AECI, there may be sufficient water.”  But, the public rarely reads actual reports. It’s easier to take AECI’s word for what’s actually stated.); and (d) to hire geologists to design a solid waste landfill concept, which is quite adequate, but will probably never be constructed as advertised. (“Bait & Switch”)

As mentioned under County Government, above, AECI’s procedure to obtain land through fronting realtors, McFaddon, et al, was most vehemently and publicly denied by their own spokesman, Mike Miller, who stated, “We don’t do business that way!” Well…they did. When confronted with his own words a year later, he blithely dismissed them with, “That was then. This is now.”

Even Michael Morris, CEO of American Electric Power, (AEP), the largest electric utility company in the U.S., stated recently, “No utility with any respect for its shareholder’s money would build a heavily polluting coal-burning power station in America these days, for fear that it would become a liability if the government moved to limit greenhouse gases.” (Emphases added)

Since the government is moving in this direction, why is AECI persisting in this folly? Recent reports cite Missouri as the 12th-dirtiest state in terms of carbon dioxide emissions and No. 46 in energy conservation. Unlike many other cities and states, Missouri has yet to develop a climate-protection plan. And Missouri is continuing to build coal-fired power plants even as other states’ power companies are stopping construction. Kansas in October refused to issue a permit to allow a utility to build two plants in the western part of the state. (It appears that this same utility that was rejected by Kansas, is now turning to AECI’s Norborne project to recoup their profits.)  Another “Win-Win” scenario?

Just remember: Every dollar spent to prop up Big Coal is a dollar that cannot be spent creating good jobs with a real future – renewable energy research and efficient use. Every dollar spent propping up Big Coal is a dollar that cannot be spent renewing the U.S. as a world-class industrial leader. Instead of subsidizing our own deaths, let’s give our well-known “Yankee Ingenuity” a chance!

AECI has no regard for anything beyond their own economic noses.  The alarming fact is that our state and federal regulatory agencies, whose responsibility is to protect us from such rogue egomaniacs, apparently know what’s going on, but choose to ignore it. Have we become a society in which the primary goal is “CYA”!?

Secrecy is the freedom tyrants dream of. Bill Moyers

Environmental Factors

AECI seeks to build a new 780 MW coal fired power plant in Norborne, MO, together with a rail spur, coal storage area, material handling equipment, waste landfill, and approximately 6 miles of pipeline between the plant and the Missouri River, (Pumping 7,400+ gpm water from our aquifer.).  MDNR has proposed granting a Prevention of Significant Deterioration (PSD) air pollution constriction permit to AECI for the proposed project. This following an Environmental Impact Statement stating the power plant would be 660 MW. AECI has stated, and EPA and MDNR seem to concur, that, “To our knowledge, there has never been a coal combustion byproduct that has been determined to be hazardous in the state of Missouri.”  This is, of course absurd!  AECI knowingly perverts the truth and regulatory agencies accept it, disregarding their own statutes.  We wonder who’s in whose pocket?
The following would replace  fertile farm acreage if AECI is successful:
- A rail spur carrying 4+ coal trains to and from the plant per week.  Each train consisting of 115 cars.
- A 650 feet tall smokestack which would be belching out the following pollutants:

Pollutant Emissions* (tons per year) Particulate Matter >10 μm 811.73 Particulate Matter <2.5 μm NA (Note - 1) Sulfur Dioxide - SO2 3,010 Carbon Monoxide - CO 4,814 Carbon Dioxide - CO2 6,845,598 Nitrogen Oxides - NOx 2,408 Volatile Organic Compounds - VOC 114 Hazardous Air Pollutants (HAPs 156 Sulfuric Acid (H2SO4) 115 Arsenic 0.15 Beryllium 0.0075 Cadmium 0.037 Chromium 0.111 Lead 0.18 Mercury 0.23 Thorium NA (Note-2) Uranium NA (Note - 3) Hydrochloric Acid (HCl) 102.84 Hydrofluoric Acid (HF) 32

Carbon is a fascinating element. Normally its black, but in the case of diamonds its a clear crystalline appearance.  However, when oxidized, it forms Carbon Monoxide (CO), or Carbon Dioxide (CO2).  Both are clear, odorless, and tasteless gases. CO is extremely toxic and flammable. CO2 is the leading cause of global warming, and often referred to as a “Greenhouse Gas”.  Since both are invisible, to all appearances nothing is being emitted from the stack. Were these gases the color of elemental carbon, the smoke stack would look about 100 times worse than this photo.
In fact the emissions would completely obliterate the sun.  Remarkably, neither AECI’s permit application nor MDNR’s proposed permit takes account of the proposed plant’s CO2 emissions and contribution to global warming. These 6.8 million tons of CO2 emission will continue year after year for the expected next 50 years!

In the past few weeks alone, while AECI was recklessly moving forward with this project, the following events underscored the idiocy of this project!

• The Intergovernmental Panel on Climate Change (IPCC), comprised of scientists from 130 countries around the world, released “Climate Change 2007 – Synthesis Report”. The IPCC made clear that global warming is “unequivocal”.
   
• The International Energy Agency (IEA) warned, “Urgent action is needed if greenhouse-gas concentrations are to be stabilized at a level that would prevent dangerous interference with the climate system”
   
• The World Resources Institute reported that Missouri led eight Midwestern states in the growth of greenhouse gas emissions from 1990 to 2003. Missouri’s greenhouse gas emissions due to electricity generation grew by 54% during that period, a larger increase than any other Midwestern state and more than twice the regional and national average values.
   
• A U.S. Senate Committee began formal action on bipartisan legislation to cap U.S. emissions of greenhouse gas, notably carbon dioxide.
   
• Ten Midwestern states and the Canadian province of Manitoba signed the Midwestern Greenhouse Gas Accord, committing to reduce greenhouse gas emissions and promote alternative clean energy alternatives.

Even prior to these activities the U.S. Supreme Court ruled that carbon dioxide was a pollutant. Guess AECI, EPA, and MDNR don’t consider the Supreme Court part of our federal government.

All this, just because AECI wants to build another plant to secure an increased percentage of the energy market.(Such as Sunflower Electric who was denied a permit in Kansas!) AECI is promoting this project to further increase its sales of power through additional interconnections to an ever widening market… under the guise of regional market demand. A true example of “Smoke & Mirrors.”

Americans living near coal-fired power plants are exposed to higher radiation doses than those living near nuclear plants that meet government regulations - ORNL

The amount of Thorium contained in coal is about 2.5 times greater than the amount of Uranium - ORNL

The population effective dose equivalent from coal plants is 100 times that from nuclear plants! - ORNL

The energy content of nuclear fuel released in coal combustion is greater than that of the coal consumed.
ORNL

The amount of uranium-235 alone, dispersed by coal combustion, is the equivalent of dozens of nuclear reactor fuel loadings- ORNL

"Think of the climate as a small boat on a rather choppy ocean. Under normal circumstances the boat will rock to and fro, and there is a finite risk that the boat could be overturned by a rogue wave. But now one of the passengers has decided to stand up and is deliberately rocking the boat ever more violently. Someone suggests that this is likely to increase the chances of the boat capsizing.

Another passenger then proposes that with his knowledge of chaotic dynamics he can counterbalance the first passenger and indeed, counter the natural rocking caused by the waves. But to do so he needs a huge array of sensors and enormous computational resources to be ready to react efficiently but still wouldn't be able to guarantee absolute stability, and indeed, since the system is untested it might make things worse.

So is the answer to a known and increasing human influence on climate an ever more elaborate system to control the climate?

Or should the person rocking the boat just sit down?"

- Gavin Schmidt, NASA Goddard Institute for    Space Studies, www.realclimate.org

“Next to the right of liberty, the right of property is the most important individual right guaranteed by the Constitution and the one which, united with that of personal liberty, has contributed more to the growth of civilization than any other institution established by the human race.” William Taft, U.S. President 1909-1913

“Hold your land with pride and care: They’re not making anymore.” Emelie Louise Schifferdecker Wegeng 1898-1999

“Consider the beauty of this land. This alone makes it worth protecting.”

Eminent Domain
(Legal Larceny)

Kelo v. City of New London,  was a landmark case decided by the U.S. Supreme Court, June 23, 2005 involving the use of eminent domain to transfer land from one private owner to another to further economic development. The case arose from the condemnation by New London, Connecticut, of privately owned real property so that it could be used as part of a comprehensive redevelopment plan. The Court held in a 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.

Justice Sandra Day O'Connor wrote the principal dissent, joined by Chief Justice William Rehnquist, Justice Antonin Scalia, and Justice Clarence Thomas. Justice O'Connor objected to the fact that an unelected (therefore voter-unaccountable) private nonprofit corporation was the primary beneficiary of the government taking. As a result, the dissenting opinion suggested that the use of this takings power in a reverse Robin Hood fashion— take from the poor, give to the rich— would become the norm, not the exception: "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms." She argued that the decision eliminates "any distinction between private and public use of property — and thereby effectively delete[s] the words 'for public use' from the Takings Clause of the Fifth Amendment."

This alarming decision was a wake-up alarm throughout the nation for states to protect themselves by reviewing and strengthening their own regulations.

By July 2007, 42 states had enacted some type of reform legislation in response to the Kelo decision. 21 of those states enacted laws that severely inhibit the takings allowed by the Kelo decision, while 21 others enacted laws that place some limits on the power of municipalities to invoke eminent domain for economic development. The remaining eight states have not passed laws to limit the power of eminent domain for economic development

Steven Anderson, the Castle Coalition Coordinator with the Institute for Justice, said it best in his testimony before the Missouri task force...

“The power of eminent domain is awesome, so awesome that in the early days of this country, the U.S. Supreme Court described it as “the despotic power.” Put simply, it is the power to remove individuals from their longtime homes and destroy small family businesses. It is a power that must be used sparingly and only for the right reasons. To protect property owners, the Fifth Amendment to the U.S. Constitution provides: “[N]or shall private property be taken for public use without just compensation.”

The drafters of the Missouri constitution went even farther, at least on paper, in protecting property owners. Missouri’s Bill of Rights, Article I, Section 28 provides that “private property shall not be taken for private use with or without compensation, unless by consent of the owner.” And, to the extent a legislative body, typically a local council or commission, declares that a use is public and not private, Section 28 further provides that “the question whether the contemplated use be public shall be judicially determined without regard to any legislative declaration that the use is public.” The language of the Missouri constitution plainly indicates that the drafters were wary of eminent domain but also clearly committed to protecting private property rights.”

The problem here in Missouri is not with the laws, although all the states need to strengthen them, but with the judges.  Since Congress saw fit to grant them immunity from prosecution for poor decisions, state governments now need to rewrite our statutes so that even the most biased jurist has no room to equivocate or adjudicate in favor of special interests.

 Our farmlands are disappearing at an alarming rate… giving way to urban sprawl and commercial development. At present agribusiness in this region has been able to maintain an increasing supply of produce, with development of new farming techniques and enhanced plant species; yet agribusiness will not be able to sustain this edge for any extended period with a continual decline in productive farmland. This is an important consideration when reviewing the development of any commerce or industry in the midst of farm country!!! And something we have not seen considered in this instance.

Before Missouri’s revisions to eminent domain were finalized, AECI entered into negotiations with Carroll County’s “Three Wise Men” seeking, amongst other gratuities and incentives, Chapter 100 Bond financing for this project. On June 6, 2005, AECI and Carroll County entered into an “Economic Development Agreement” for financing an amount exceeding 1.2 billion dollars. (Now closer to 2 billion dollars.) The financing was approved under an Ordinance enacted on the same date.

The procedure utilized by the Carroll County Commission for the financing of the AECI Project is contrary to existing Constitutional provisions in Missouri, i.e., Chapter 100 Bonds and the means of gaining approval under existing provisions of Missouri law.  (This also prevented challenging “condemnation”.) The only remedy remaining is to secure “just compensation”.

Missouri provisions speak directly to the definition of “public utility” and “industrial development” as they apply to the procedures for Bond approval - the use of “industrial development” as the vehicle for securing the issue of Bonds. However, AECI’s project fails to meet the definition of “industrial development”, yet the project does meet the definition of “public utility” under these provisions.

The difference in the methods of approval for the Bond issue necessitates the following:

• “industrial development” vote of the County Commission;
• “public utility” vote of the people.

It appears by this process AECI and Carroll County were moving in concert… to eliminate legislated public participation, preventing probable public interference with the project; thereby usurping Missouri law.

With the signing of the “Economic Development Agreement” with Carroll County AECI was  “testing the waters” as to the application of “industrial development” for the Norborne project; AECI considering “distribution” as the compliance factor…, notwithstanding the intent of the specific law and its application to other industries.

It is the assumption of the Concerned Citizens of Carroll County that AECI’s modus operandi will continue… if and until this issue is brought before the courts for clarification. The possibility of a court action may be one of the major reasons for AECI seeking financing via federal guarantees at this point in the project.

 AECI’s actions here may be considered wise business practices for economic purposes, but we believe the actions to be deceitful, unethical and contrary to their professed business practices.