Koonsmans appear to have won the battle of The Big Tree

Jon Koonsman is breathing a cautious sigh of relief.

For now, it appears the electric transmission line that threatened to uproot a piece of his family's heritage - a massive oak tree believed to be at least 200 years old - has been rerouted.

An embattled Koonsman said he was surprised to learn Monday a proposal that was pulled from the table in early March, may be the final route of the 300-mile line that will cut across 11 counties including Erath and about 100 local properties.

"I believe we have an agreement," Koonsman said Tuesday. "But no contracts have been signed. It would be nice to have it in writing, but I don't know if we ever will. It makes me nervous, but I am obviously enormously relieved."

And the agreement may have come just in time.

"They told us a while back (site preparation and construction) would begin May 18," he said. "That's why the fight took on such an urgency."

The battle started in June 2011 when Lone Star Transmission began acquiring easements and rights of access from local landowners.

For Koonsman, an Empire-Tribune columnist, the battle has been spelled out through a series of columns chronicling efforts to protect the 'big tree."

"Heritage is not a house on a cul-de-sac and moving every few years," he said, adding his family has called the Duffau area ranch home for 140 years. "The tree means everything to us, it's one place my family, even extended family, wanted to protect. When we talk about 'our place,' we aren't talking about the ranch. That spot - and that tree - is our place and it wouldn't be the same without it."

For now, Koonsman said the fight is over.

"I told my kids and the rest of the family we were just going to fight like hell," he said. "But I think it is over, I have no agenda past this and would like to think it is over."

Update

The route that was given to Paul Koonsman to go around The Big Tree was unacceptable. It went north of the tree, which took out hundreds of other trees. There are talks in the works for another acceptable route.

Update from Amy Koonsman Smith: 4/26/12

UPDATE: Apparently, a map with a new route to go AROUND "The Big Tree" is being delivered to my father right now. It will involve having a neighbor give permission to slightly alter the placement of one of the poles on his property. It is not over yet but we have reason to be cautiously optimistic. I want to thank you you all so, so much for all of your support, letters, phone calls and most of all your prayers. I woke up yesterday morning madder than hell. I told Jon, "we are going to make it "RAIN FIRE" today." I know he thought I had lost my mind...and I had. :) Jon, I think it did!!!!!

The Big Tree

Lee Anne Roberts LTE

Dear Editor,

I am an ex-Koonsman, so I suppose if someone were going to complain about the family, it might be a person like me. I support Jon Koonsman and all members of his family one hundred per cent. They are some of the finest people on the face of this planet.

I've been doing a little reading of my own regarding Lone Star Transmission and NextEra. I decided to see what kind of companies they are and how their employees feel about their jobs. What I found was almost heartbreaking. Their employees are stressed out and depressed. Many of them have been living on unfulfilled promises for years. These companies are understaffed, their employees overworked and underpaid; well, except for the big wigs. The employees opinion of their company is not good. Many of them don't like what they're doing, but they need to keep their jobs. This is not difficult to find..just get online and start typing their corporate names. You'll find more than you bargained for.

 So, Mr. Shiny Penny, you've been demoted to a two-bit liar. Your company is lame, your people are miserable, and you're letter is little more than a fairytale.

 You're going up against people like you've never encountered before. Good luck with that. You're going to need it.

 Amy Koonsman is right; these good folks are sitting in a boat with a big hole in it. Good thing for them their boss walks on water.

Lee Anne Roberts

Longmont, Colorado

(817) 584-1063

4/25/12 - Update

UPDATE: We have movement! Supposedly, PUCT and LST are talking about "The Big Tree" issue. (Yes, we are officially a thorn in someone's side.) This is by no means a resolution. But, whatever you are doing....keep doing it. We need to keep the heat on them until we have something in writing. We thank you all so much for all of the phone calls, emails and FB messages. Time to git'r done!

Paul Koonsman LTE

I retired almost two years ago as Director of Alumni Relations at Tarleton State University and have

since tried to remain free of those controversies or conflicts which were once a part of my daily life. I

spent more than fifteen years simply making things work, helping bring individuals or organizations

together to arrive at a workable solution to almost any issue. I was good at it; I thought that no problem

was too big or small that I couldn’t get people to cooperate at some level. Well, Lone Star Transmission

has finally burst my bubble. I have tried to be understanding, I have tried to be flexible, and I have

tried to believe that they have the best interest of our citizens in mind, but I have never found an

organization as difficult to work with. If they had kept their word, you wouldn’t be hearing from me and

you wouldn’t be enduring all of those missiles from Jon Koonsman. Lone Star is like the governor in “The

Best Little Whorehouse in Texas”, they’re a song and dance man. You can never speak to anyone who has

the authority to make a decision. What’s true today is not true tomorrow, what they giveth today is gone

two weeks from now; the easement location is here today and fifty feet to the south next week. Now

you tell me that the line will carry power from other generating sources when you persisted in claiming

that it was only from wind generation.

Jon Koonsman is my son. He is brilliant, he is opinionated, he is hardheaded, and he even wears on his old

dad occasionally, but he is dead right about Lone Star Transmissions. They are showing us the dark side

of capitalism; they are the poster child for the erosion of business ethics in corporate America. I have

been personally involved in the negotiations for the utility easement across our land but have tried to

stay out of the more public part of the controversy; however, the recent letter to the editor from Lone

Star stirred me to write. It seems like a simple thing, but really, signing a letter “Lone Star

Transmission”… are we dealing with real people or have we finally reached the point where a non-human

is in control? Until I reached the bottom of the letter, I thought that I might have finally found

someone in authority to talk to.

You may be tiring of “The Big Tree” but to my family, friends, and neighbors it has become a rallying

point. It may be us today but it may be you tomorrow. Unfortunately we have become so comfortable and

complacent that someone else’s problem is simply … “someone else’s problem”. I am thankful for those

other landowners who have had the backbone to stand up and fight what is simply a perversion of the

concept of Imminent Domain. This is not for the “common good”. When you choose to destroy a gift that

probably witnessed the birth of this nation, you simply subvert the notion that this nation was founded

on the basis of the “common good”.

I have tried to avoid being too cynical about this issue. It will have a positive outcome, my children have

learned what it means to support a cause, to have to defend something that you really belief in, to have

to make personal sacrifices because something is just not right. These are things that cannot be

taught… you have to simply learn them.

A man once said that “technology is what we use to bring back what we had before technology”. I am not

sure that I understand all of the implications of that statement but I don’t think that any amount of

technology will bring back the “The Big Tree”; instead technology seems determined to destroy her. I

guess being born before anyone perceived the whole concept of technology doesn’t really mean anything.

I am a patient man, but I have had enough. Lone Star Transmission, you have refused to keep your word

to me, you have prolonged a situation that could have been resolved months ago, and you have destroyed

my belief that you will eventually do what’s right. So, if you’re still determined to grind “The Big Tree”,

you may just get to grind me with it.

Paul Koonsman

Karen Koonsman LTE

When are we, as Americans, going to stop big government from taking over our country? When

is the greed going to stop? When are going to take a stand? Stop the apathy? Stop the

complacency? When are we going to get back to realizing the American Dream? It is time to

stand up and fight for what we believe in………and that is not “Big Government” or “Big

Business” against the “Little Man” or “Small Business”.

It starts when it becomes personal. Otherwise it is only “someone else’s problem”……today. It

might not be your fight today, but tomorrow, it could easily become yours. The saying, “It takes

a village to raise a child,” applies in so many ways in our lives. It‘s just about being a good,

honest person; Keeping your word. Doing what you need to do because it is the right thing to

do………not because “I’m going to get something out of it” attitude; Doing it because it makes

you feel good inside.

My father used to say, “If a man will lie, he will cheat. If he’ll cheat, he’ll steal. If he’ll steal, he’ll

kill.” As a child, I asked why. He said because they have to keep covering up the lesser wrong.

Well, folks, Lone Star Transmission [LST] fall into this category. LST is a company given

imminent domain to run a high voltage electric line to carry wind power through the state of

Texas by the Public Utilities Commission of Texas [PUCT]. We have tried to negotiate [using the

term loosely here] with them for over a year. However, what they tell you today will not be the

same the next day, week, or month. [On 4/17/12, in the Stephenville Empire-Tribune, LST

stated that the line would also carry other sources of generated power. When asked this

question in an appointed commissioners hearing on March 14, 2012, they said only wind

power.]

PUCT granted this endeavor but does not seem to be regulating or monitoring LST very closely.

Originally, they were to take the shorter route that affected the fewest landowners, the fewest

habitable structures and had the least change in elevation. They showed this in their initial

contact with us. Problem: It was to go through Flat Top Ranch. Now, it is not. The new route is

longer [costing you more] and affects many more landowners. Why? Ask Governor Rick Perry.

It seems that the owners of Flat Top Ranch are big contributors and supporters of the

Governor.

So, now, we are dealing with LST. We are not alone in this fight, but we seem to be the most

vocal publically. We are trying to get them to go around a 250+ year old live oak ‘The BIG

TREE’ that has stood as a part of our family heritage as this home place passes from generation

to generation. [One of their routes showed that it would go around and miss the BIG TREE and

then they took it off the table.] The BIG TREE has stood as a symbol of the love we have for

the land, its history of what was here before us. It is also the cemetery for our pets. If taking

out the tree isn’t bad enough, they are GRINDING down everything in their path and leaving it!

What about the water ways? Are these tree remnants going to end up in our tanks and ponds?

Get into our streams and creeks? We will not be able to use the wood from any of these trees

for fire wood. But most importantly, we will not be able to save the BIG TREE’s wood……… will

not be able to make anything out of it as a keepsake for the family.

LST – “leaving it in good condition”, “cleaning up after we leave” – are these just words of

appeasement? You have represented so many untruths in this whole process. We don’t get

replies from e-mails. We call and get an answering machine. You never call us back. How can

you ever be trusted? Man is only as good as his word.

Karen Koonsman

Garrett Koonsman's Reply to LSTs LTE

Let me first thank LST for clearing up some confusion. However, let me quickly follow that by pointing out that the entire issue of The Big Tree is completely

ignored in their response. As a Koonsman this tree does in fact directly affect me. Even living 1000 miles away in Colorado, I intend to do what I can to help save

my family's tree. I will not go into the many details of the meaning of our tree as my father has done so already through his columns, however I will pose a question

in a forum that is not closed door as the meetings have been thus far. My understanding is that the transmission lines being put in must follow a fairly straight line.

However, in this case, straight does not mean zero degrees of difference. Again, my understanding is that approximately 8 degrees of change is considered

acceptable and safe. This brings me to my question. How many degrees would the lines have to move in order to miss the tree all together? Is it greater than 8? If

so by how much is it greater? Has this even been measured out properly? If so, by whom? I'll tell you what I know. It has been measured out and plotted. By a

man that has worked construction for many years and knows his way around a math equation or two. And by his calculations, it is within 8 degrees. If this is

incorrect, LST, please correct me and show the plot and math to prove it. If not, please give me a reason as to why you would gather so much negative publicity

and ignore an entire family's and community's wishes instead of simply moving those 8 degrees. This is all I ask. A simple explanation for what I see as a

wrongdoing. I have grown up with this tree. I have taken family portraits under it, buried some of my best friends under it and spent time with my wonderful family

in its shade. I will have a wife and kids of my own in the not-so-distant future. And if I have to look them in the eyes and tell them that where your power lines stand

was once a tree that was beautiful and meaningful beyond belief, yet it no longer is there, it will nearly kill me. But what would be worse is, if I have no explanation

as to why it needed to be done this way. So give me the decency of an explanation, an honest, full explanation. And once you have done that, look deep into that

explanation and ask yourself, "Does this justify my/our actions and lack of care?" Let me know what answer you find.

Garrett Koonsman LTE

As of this moment, I am 872 long miles away from The Big Tree. I have spent most of my 21

years 872 miles away from it. Yet, I have never felt so strongly about a living thing that was not

human. 21 years ago when I was born, there was no mistaking me for what I am. I was born

with a full head of thick black hair, Hazel/Green eyes and a tough attitude. I was born a

Koonsman. Growing up I always took The Big Tree for granted. It was where we took family

pictures, spent time together and buried some of the best friends I have ever had. My first dog,

Rook, a black lab is buried under that tree. He is joined by a number of pets that were different

members of my family’s best friend at one point or another. But this tree is more than just a

burial ground. In fact, as I look up from my desk there is a picture in a frame. In this picture are

four people. On the outside is my father, Jon Koonsman and his wife, my stepmother, Jennifer

Koonsman. In the middle is my brother Cody and myself. This picture was taken a couple years

ago under The Big Tree. It amazes me how much has changed since then. My brother is now

serving our country in The United States Army, my sister Brazos who wasn’t even in the oven at

this point, is now 6 months old. And now, our tree is under attack. Wow, how things have

changed.

This fight has gone on for months now. After many broken promises, much run-around and even

more secrecy, it seems to be coming to an end. I have spent my morning attempting to do some

research. I set out with the desire to understand the plotting that goes into these lines and their

path. Unfortunately, Lone Star Transmission and NextEra energy are not easy to get ahold

of. After over an hour of phone calls I have received several voicemails, been hung up on twice

and have yet to speak with anyone who knows how these paths are plotted. You see, I am

convinced that this line can miss our tree. I am convinced they could go around it without

breaking any of their codes or guidelines. I know that is the case, because we have been told that

is the case multiple times. However, I believe LST is scared. They are scared that their ability to

buy trust and cooperation has run out. LST fears a slippery slope, and they see the Koonsman

family as the ones who will make that first push down the mountain. However, LST truly

believes that they can get through this with minimal damage and continue on if they just put their

heads down and keep moving. Well LST is wrong. There will be bumps every single step of the

way. They will have to go over one Koonsman after the other until there are none of us

left. And then they will have to go through our friends, our supporters and all those who truly

believe in the greater good. They may make it through all of us, but that will not be the

end. Even if they do get through all of those bumps, it will become more of a public matter than

it already is. This transmission line does not end on our land; LST still has a long ways to

go. So this is my promise to LST. Even if you get through all of the bumps on our land, and get

through The Big Tree, I will keep fighting. I will fight for the other landowners who you plan to

walk over. I will fight for their land and their memories, just as they are fighting for mine. I will

not give up on what I believe.

As I reflect on The Big Tree and what it means to me I am reminded of something. Last summer

I spent a month in the country of Belize leading mission trips. During my second week I was in

the village of San Ignacio near the Guatemalan boarder. In this village there was a tree. It sat on

top of a hill that had a catholic school built all around it. Every day the students and teachers

would rest under the tree, as it was the only place that had a constant breeze. The tree had stood

there since the village was very small and unpopulated. Now, San Ignacio is a very large village

due to tourism. Passing right by this tree is a power line. A line that was added probably 150

years after the tree had begun its life there. Had this power line followed a perfectly straight line,

it would go right through the tree. Yet, instead it makes a turn and goes around. This was not

the easiest route; it was not the cheapest route. Yet, it was the route taken. Someone made a

decision to move that power line and leave the tree alone. Why, with all of the millions in tax

payers’ money LST and NextEra energy have at their disposal will they not make the same

decision? Why can they just not go around? And better yet, why do they refuse to talk with us

about it and give a reason? These are the questions I pose to you LST. Will you give me the

answers and do the right thing, or am I going to have to travel 872 miles to stop you myself? So

it seems to be for me just as my grandfather put so well, LST if you’re still determined to grind

“The Big Tree,” you may just get to grind me with it.

Garrett Koonsman

Becky McMichael Koonsman's Reply to LST's LTE

We are in desperate need of your help. As I am writing this letter, my family is in danger of losing our most

sacred and cherished place. The "Big Tree" has stood on our home place in Erath County for hundreds of years

and is about to be destroyed, as well as the surrounding homestead, by Lone Star Transmission. On two

separate occasions they have assured us (lied to us) that they would be able to go around our tree. They have

since (last week) told us that they plan to go right over it. They have bullied us as well as other land and

homeowners in the area. Although not ideal, we have not fought them on using our property for the

transmission lines, we have only asked that they go around the tree (at little or no cost to them).

The "Big Tree" has been in our family for generations. We have passed on the lessons of love and loss to our

children as it is the place we have buried our beloved pets. On Sunday, April 15th, my family hosted a picnic

under the "big tree" so that others could experience what we have known all of our lives. (The follow up story

will be in the Tuesday edition of the Stephenville Empire-Tribune.) I watched people of all ages crawl up on

her limbs, some that extend to the ground like an open arm welcoming them home. What a shame it would be

to look out and see a concrete pole planted in its place.

My brother, Jon Koonsman, writes a column for the Stephenville Empire-Tribune. He has researched Lone Star

Transmission in depth. Their tactics and corruption are unbelievable. His columns concerning this issue can be

found on

well as heartfelt and entertaining.

We would love to meet with you and show you our special place and would be eternally grateful if you could

help us with our mission to save the "big tree". Maybe along the way exposing LST for what they truly are

would not hurt either?

Regardless of an ongoing court battle, LST is due to be in our area any day to start work, so time is of the

essence. We have great respect for the law but have no intention of backing down. We are standing up for our

tree and for what is right. The "big tree" is a perfect representation of who we are as a family. Please, help

us! Thank you so much for your time.

Sincerely,

Becky McMichaelwww.savethebigtree.com and on www.yourstephenvilletx.com. They are extremely informative as

Becky Koonsman McMichael LTE

Dear Editor,

I spent Easter Sunday with family and friends on the home place. Home is where my Grandparents raised four children,

where my father grew up and where, as youth, my siblings, cousins and I spent time traipsing through pastures exploring

things left behind by generations before us. Home is where the 'Big Tree' lives.

Some of you may be under the impression that my family does not believe in "green living". Wrong. We believe in

environmental responsibility. We believe in protecting nature in its' truest form. We believe in the "greater good" and we

believe in telling the truth. We also believe that you "don't mess with Texas." Lone Star Transmission is not acting in the

best interest of our environment. They are working for a profit that benefits only a select few. Neither you nor I are

included in that. If you question it, research it.

Ironically, LST's idea of going green involves uprooting a tree that has withstood hundreds of years of this environment

only to plant a concrete pole in its place (makes sense). To me the resolution is simple....GO AROUND THE TREE!

We all have something that is sacred to us, something that we cherish. Imagine that being taken from you and

destroyed. Not out of a quest for the "greater good" but out of greed.

I have a "best friend", Jackie (a Boxer/Lab mix). In her world she's about 119 years old. It saddens me to think that when

her time comes I will not be able to lay her to rest alongside our other beloved pets under the shelter of the 'Big

Tree'. She will have earned her spot.

Lately, I've been facing each day with a heavy heart. While confiding in a dear friend of mine he reminded me that

although the 'Big Tree' is a beautiful symbol of our heritage, he has no doubt that my family's love for one another and our

roots run deeper than those of our tree. He's right. In my family we stand up for one another, we fight for one another

and we show up for one another. I am asking you to show up for us as well. Our tree is the perfect representation of who

we are and we plan to fight for it.

I am proud to be from such a deep rooted community and although at different times in our lives we scatter, we all call the

same place home.

Please join us at our home place for "The Picnic Under the Big Tree" on Sunday. Directions will be on

savethebigtree.com or you can follow the signs on south 281.

Thank you!

Becky McMichael

Fort Worth, TX

beckylbr@yahoo.com

817-793-9412

Amy Koonsman Smith's Reply to LST's LTE

Dear Editor,

Well, doesn't Lone Star Transmission just look like a shiny penny? If they are as interested as they sound in

doing the right thing for the environment and the people of Texas, why use such underhanded tactics when

negotiating with property owners? There is NO negotiation....who are they kidding?

I am sure that everyone has tired of this subject so I will keep this very short. Jon Koonsman does an incredible

amount of research for his columns. The volume of his research on LST is incomprehensible to most of us as it

is would just give us brain damage. He speaks the truth and believe me, he has held back in an attempt to keep

the columns enjoyable to read.

I have firsthand knowledge of this subject matter. I am a Koonsman. As the time grows near our phones are

ringing off of the wall, emails are coming in, Facebook messages of support and despair just do not stop. The

unfortunate thing is that way too many of these folks are not just well-wishers sending their support. They are

sitting in a boat with a hole in it as big as ours.

We thank you for your prayers and support.

Sincerely,

Amy Koonsman Smith

Amy M. Smith

Cell: 817-929-0442

amymsmith1025@yahoo.com

LST Letter To Editor

Over the last several months, Jon Koonsman has written quite eloquently about family and his love of the Big Tree. In telling the story of the Big Tree, he has also written a great deal about Lone Star Transmission and NextEra Energy. I’d like to share with you some information about our companies that you might find of interest.

We’re proud of our position as the nation’s leading renewable energy generator. We think a power generation source like wind that doesn’t negatively impact the air we breathe or use any water is important and needs to be part of our energy mix both in Texas and across the nation. We believe in the environmental and economic benefits that renewable energy provides, and we believe most Texans do as well. That’s why Texas leads the nation in wind energy generation. But that is not all that we do, nor is that all we do in Texas. You see, we’ve been generating power to serve Texan’s energy needs for more than a decade. We’ve invested more than $5 billion in power plants in the state and that includes both wind and natural gas-fired power plants. We also employ approximately 250 men and women that safely and reliably operate these plants, and they all call Texas home.

We’re equally proud of Lone Star Transmission and the work that company is doing to enhance the overall reliability of the transmission system in Texas, and at the same time, providing much needed jobs and economic stimulus throughout Texas. Contrary to what you may have read, the transmission line we are building is not a “wind only” line. All forms of power generation will flow across this line, and the overall reliability of the transmission system will be enhanced. That’s good for all Texans. We also believe that once our line and others like it are built, all Texans will benefit from lower electric rates that will more than offset the cost to build the new lines.

Our transmission line project will create approximately 900 construction jobs during the roughly three year construction period. Once the transmission line is operational, we estimate it will generate tens of millions of dollars over its life in property tax revenue, which will enhance the communities and school districts of the counties the project is located in.

It is true that our transmission line is a large and complex construction project, and as with any project like this, there will be some impacts. We have worked for more than 16 months with dozens of stakeholders to site our line in such a way as to minimize the impacts to the greatest extent possible, and that includes the Big Tree. Through dialogue and a healthy dose of give and take, we have been able to resolve most of the concerns related to our transmission line. Over time, we have made a number of modifications to the line to accommodate concerns raised by a number of stakeholders.

It is understandable that some people do not welcome a transmission line because it will change the landscape. However, we are confident that once operational this line will have a positive impact on the reliability of the electric system in Texas for decades to come.

Lone Star Transmission

Happy Earth Day

Getting Weary From The Battle

I’ve worried at times that E-T readers have grown weary of hearing about our battle with Lone Star Transmission. I have struggled to find humorous anecdotes or political topics that might be a refreshing diversion. But I’ve had to resign myself to one simple truth. This has become my life.
I spent a few hours Thursday afternoon with some new friends near Iredell. I met them after receiving an email with a photo of their ‘Big Tree’, a tree ‘J’ had spent the last year trying to save. Much like our experience with LST, ‘J’ has been bullied, appeased, misled, and lied to. He quit work for a full year and made it his mission to stop LST from destroying his land and his ancient trees. He assembled a coalition of almost 150 landowners, testified numerous times in front of the Public Utilities Commission of Texas, hired his own engineers and biologists, and garnered hundreds of pages of documents suggesting conflict of interest and wrongdoing. For his efforts, LST has forced him off of his own land once (along with his consultants and hunters) and as late as Wednesday threatened to do so again if he continued his legal efforts to save his cherished trees. This is LST’s “healthy dose of give and take”.

I arrived at J’s place to find him standing under his big tree while his daughter sat in the tree with tears streaming down her face. We could hear the giant tree grinder not far away as it turned hundreds of years of history into mulch. J quickly wiped his eyes, shook my hand, and tried to make me feel as if I wasn’t intruding on a very personal moment. I saved my emotions for the drive home.

We did our best to film the destruction of J’s trees, but strangely video cameras cause tree grinders to stop working. We honored their wishes and moved back 500’ – but oddly the cameras had the same effect. I posted some of the video on Facebook. I sure hope they get that glitch worked out of their tree grinders.

I’ll admit that I’ve grown a bit battle weary at times, but something always seems to slap some sense into me. On Thursday, it was J’s lovely college-age daughter. Even as she watched her own trees being destroyed, she took a moment to tell me, “I really admire what your family is doing.”
Well, I really admire what her father did; he fought it to the bitter end. He invested his time, money, heart and soul - and he lost. I couldn’t quit now if I wanted to.
Most of you probably read this week’s letter in the E-T from Lone Star Transmission. Though I was glad to hear them acknowledge the issues we’ve been discussing, I would like to make a couple of clarifications. But first, since they signed the letter “Lone Star Transmission,” I would like to tell you who it was really from.

The president and founder of LST is Mike Grable, an attorney and former General Counsel to Barry Smitherman, former Chairman of the Public Utilities Commission of Texas. Mr. Grable was instrumental in the establishment of CREZ (Competitive Renewable Energy Zones) as evidenced by Docket No. 33672 ‘Commission Staffs Petition for the Designation of Competitive Renewable Energy Zones’. CREZ is what made this wreck possible. Ironically, the study quoted in this document was done by GE – the country’s largest producer of wind turbines. Even GE acknowledges some of the shortfalls of wind power in this document.

Mr. Grable held this position from 2008-2010; the two years prior he was an ‘Advisor’ to Chairman Smitherman. After leaving the employ of Chairman Smitherman, Mr. Grable founded LST. He quickly went to NextEra Energy in Florida to get funding, access to stimulus funds, political clout, and a seat on President Obama’s knee. It’s not much of a stretch to see how a company that had never built a transmission line in the state of Texas might get such an enormous contract with a guaranteed rate of return. In case you were wondering, Chairman Smitherman still headed the PUCT. However, in July 2011, Governor Perry promoted Smitherman to Chairman of the Railroad Commission of Texas for his fine work at the PUCT.

As LST pointed out, I’m sure some really good Texans work for their company. I’ve even met a couple of them. However, it seems with all those millions of your dollars, they can’t afford a receptionist to answer the phone. I have called dozens of times and have never received anything other than an answering machine.

To my knowledge, LST’s letter was the first public acknowledgement that other sources of energy would be serviced by these high voltage transmission lines. Though the announcement was politically expedient, this project was sold to Texas ratepayers as a strictly ‘green energy’ project. It was pushed through the Texas Legislature and received stimulus funding boasting the same rhetoric. I’ve not yet had time to read the entire bill, but certainly its intent has been misrepresented.
While the tax benefits touted by LST may seem true on the surface, they will likely be offset when every affected landowner appeals his property taxes - based on diminished land values and property rights along the corridor. However, a friend of mine (also affected by LST) recently raised a question that begs an answer. For those landowners who have a lien against their property (most of them), what happens when the reduction in property value falls below the balance of the lien. In an already depressed real estate market, will LST guarantee that their “fair compensation” will close the gap between the lands current appraisal and its diminished value with the powerline easement? When the lien holder calls their note based on insufficient collateral - will LST be there?
LST informed us again this week, through our attorneys, that they would not consider moving their route and not honor their original promise to us. They have no intention of compromising.
Well, Mr. Grable, neither do we.

Jon Koonsman is a local builder and rancher and 6th generation Erath County resident. He is married with two sons and resides on his family's ranch near Duffau. He is also a member of the Empire-Tribune's community columnists. His column appears on the second and fourth Sunday of every month. He can be reached at jonkoonsman@yahoo.com.

4/24/12 Update

"SAVE THE BIG TREE" Update: We have seen the surveyors down the road so the time is near. Jon worked on a letter to PUCT for the last two days that went out yesterday afternoon. It is thorough and includes information that could be a career-ender for some of these folks. He gave them until 12pm today to contact us with a resolution. The resolution has to be nothing other than LST going arou...nd the tree. If our demands are not met he will be releasing the letter and supporting documents to the public, news media, social media, and public officials. We will be asking everyone to send it out to their friends and email contacts. We are on full time watch over the tree and are prepared for a standoff. Please, please pray! We will keep you informed.

Letter to PUCT

23 April, 2012

Public Utilities Commission of Texas

Chairman Donna Nelson,

My name is Jon Koonsman and I am 6th generation rancher in Erath County, Texas.  I am also an opinion columnist for the Stephenville Empire Tribune.  Though I’ve been a relatively popular writer in this area for some time, it seems that lately I’ve developed a growing but somewhat less enthusiastic readership in your neighborhood as well.

Beginning in October, 2011, I’ve written a series of columns about my family’s dealings with Lone Star Transmission and our efforts to save a place that is sacred to my family.  This area contains a magnificent live oak tree that is 200+ years old (some estimates place it over 300 years old) and my writings have chronicled our dealings with LST in an effort to save it.  We have buried our pets there for generations and taught our children lessons of love and loss, and of celebrating life.  It is our most cherished place.

LST initially assured us that, by their own estimation, the ‘Big Tree’ was a full 50’ south of their proposed ROW.  Weeks later, and without notification of any kind, the ROW was moved south where its path would take it directly over the big tree.  When contacted LST initially feigned surprise, then gave us a variety of conflicting explanations before ceasing contact.  This has been their standard operating procedure. 

Following the publication of my column on October 23, 2011, LST immediately contacted my family and proposed an alternate route that would move the ROW to a location south of the big tree.  We asked that the route be surveyed, but when we didn’t agree to LST’s proposed settlement for surface damages the proposal was subsequently retracted.  This took place shortly before our March 14, 2012 Special Commissioner’s (Condemnation) Hearing.

Ironically, the Special Commissioner’s Hearing was our first real opportunity to have an extended conversation with a representative of LST.  We found LST’s attorney, Ms. Sue Ayers, to be professional, cordial, and even likeable.  However, the day’s proceedings only served to reinforce the fact that LST had been not only been disingenuous and inconsistent, but blatantly deceptive.  LST’s first witness, Mr. Johnnie Melton, repeatedly made false statements under oath concerning the necessity for moving the ROW to the south – and even eventually was forced to admit that the boundaries for the existing pipeline ROW had never been determined.  Mr. Melton’s testimony was interrupted when Special Commissioner David Dickerson asked for a short recess.  After the recess, Mr. Melton was no longer made available for questioning.  

Incidentally, the Special Commissioners (all Erath County appraisers) assessed damages of almost 4x those offered by LST.  As you are aware, the Commissioners were compelled to work with LST’s own appraisal (we did not present one).  LST is currently appealing the decision.

Chairman Nelson, I’ve read the PUCT’s mission statement.  The first three words are “we protect customers”, and I have no reason to believe that you don’t take that statement seriously.  However, I believe we have some cause for concern as LST’s incestuous beginnings took place in the very office that you now hold.  I’ve compiled hundreds of pages of documents concerning the creation of CREZ, the PUCT, ERCOT, and the origins of LST.  I’ve bored myself to sleep at night reading draft minutes of the ERCOT Board of Directors Meetings and CREZ legislation, and there is one thing for certain.  When you look at these things retrospectively, the appearance of impropriety by Mike Grable and former PUCT Chairman Barry Smitherman is overwhelming.  I believe that prudent Texas voters, already sensitive to issues concerning conflict-of-interest, would draw the same conclusion.

As I am aware that Mr. Grable and Mr. Smitherman are familiar acquaintances of yours - I will attempt to clarify the situation without the inherent fogginess that comes with familiarity and insight into their good intentions.  Mr. Grable and Mr. Smitherman, by their own estimation, have been instrumental in implementing CREZ legislation through their positions at both the PUCT and ERCOT. These same positions were influential in establishing the state’s self-imposed green energy mandates.  Mandates from which Mr. Grable stands to reap significant profits. 

When Mr. Grable returned to the private sector and went to NextEra Energy for financial backing, it must have been a pretty easy pitch.  Not only was NextEra looking to expand cronyism to the grass roots level, but Grable’s old boss was still at the head of the PUCT and instrumental in choosing utilities to build the CREZ system.  It must have been too much for Lew Hay to resist.
It would appear that not only has Mr. Grable exploited his positions at the PUCT and ERCOT, but he is profiting from a market that he helped create.  The Certificate of Convenience and Necessity for this project was based largely on satisfying self-imposed mandates, not on ensuring or improving reliability for Texas ratepayers.  Most reasonable Texans understand that wind energy does nothing to improve or protect electric reliability; if anything, winds inherent intermittency does just the opposite.  In fact, if the political climate changes and subsidies for wind energy cease; the public perception will go from that of a bad investment with taxpayer money – to the appearance of government sponsored cronyism in an industry with a very predictable lack of commercial viability.

In a recent written statement to the Stephenville Empire Tribune, LST noted that “Contrary to what you might have read, the transmission line that we are building is not a ‘wind only’ line.  All forms of power generation will flow across this line …”

The reason it is contrary to what we might have heard, is because it is contrary to what we have been told by LST, PUCT, ERCOT, CREZ, and Texas Lawmakers (I’ve spoken to county officials in Erath County, and they were not aware of this information either).  This is contrary to the stated intent of CREZ and undermines the integrity of both ERCOT and PUCT.  Though it is probably necessary to meet reliability standards, it creates a significant credibility problem for both agencies and cast an even more ominous shadow on the relationship between LST and Mr. Smitherman.  This information could have implications for everything from the bid process and award, to a half billion dollars in federal stimulus funding.  It’s a pretty big deal – Texas voters don’t like being lied to.

I’ve become somewhat of a “reluctant advocate” for other landowners affected by LST.  I have spoken with dozens of landowners and chronicled cases of deception, bullying, and even retaliation on the part of LST.  I would consider my family among those that have experienced each of these.  I’ve been contacted by other newspapers along the corridor for requests to reprint my columns and have recently begun granting permission.  We’ve been contacted by both print media and television media, and to date have declined speaking with them.  I suppose that my family was foolish enough to believe that LST would eventually honor their original promises to us and we would just return to our otherwise peaceful existence.  I’ve precious little faith that is going to happen. 

Chairman Nelson, I don’t envy your position.  You’re left with only three real choices.  You can police your colleagues.  You can allow the PUCT to appear negligent.  Or, you can allow the PUCT to appear complicit.  Citizens of this great state are tired of cronyism, and this is a fairly sensational case of it. 

By the way, I certainly don’t intend to imply any wrongdoing on your behalf and I understand that you were appointed to this position by Governor Perry.  Re-election is not a concern for you, but it is for Barry Smitherman and Gov. Rick Perry – and this case bleeds conflict-of-interest.

I’m not an ideologue; this issue has a simple solution.  LST can go around the big tree and honor their original commitment to my family.  And they can pay us a fair sum for the easement and surface damages.  Pretty simple.  But if that big tree falls, it’s going to wreck a couple of promising careers beneath it.

I am not a man of exceptional means, but I am a man of extraordinary determination.  As folks in our neck-of-the-woods might say, “I just ain’t got no quit.”  I will expect a resolution or a phone call by 12:00 p.m. (noon) tomorrow, April 24.  At that time I will begin sending a copy of this letter and supporting documents to every media outlet in the Austin and Dallas/Fort Worth area.  Thank you in advance for your prompt attention.

 Best Regards,

Jon Koonsman

(254) 967-2157

jonkoonsman@yahoo.com