Category Archives: Consumer protection

Consumer protection

Finally, Tobacco Commission Gets Reforms

Feinman

Feinman

By Peter Galuszka

Virginia’s infamous tobacco commission appears to be finally getting needed reforms 15 years after it went into existence.

Gov. Terry McAuliffe announced today that he was appointing a new executive director, Lynchburg native Evan Feinman, ordering a slimmed down board of directors and requiring a dollar-for-dollar match on grants the commission doles out to support community development in Virginia’s old tobacco belt.

In another break with the past, McAuliffe is renaming the old Virginia Tobacco Indemnification and Community Revitalization Commission as the Virginia Tobacco Region Revitalization Commission.

That might sound cosmetic, but any change is welcome given the commission’s history.

Since its formation after the 1998 Master Settlement Agreement between 46 states and four large cigarette makers, the commission has been spending millions of dollars won from the tobacco firms supposedly to help tobacco growers in a region roughly following the North Carolina border wean themselves off of the golden leaf toward economic projects that are far healthier.

Instead, the commission has been racked by scandal after scandal, including the conviction of a former director, John W. Forbes II, for embezzling $4 million in public money. He is now serving a 10-year jail sentence.

The commission also figured in the corruption trial of former Gov. Robert F. McDonnell since it was suggested my McDonnell as a possible source of funding for businessman Jonnie R. Williams Sr. during McDonnell’s trial for corruption. Williams, who was the star prosecution witness against McDonnell, got help from McDonnell in promoting one of his vitamin supplement products. McDonnell was convicted of 11 felonies and is now appealing.

The old commission also has been criticized by a major state audit for funding dubious projects and not keeping track of whether the money it has doled out has done much good. It had been criticized for acting as a slush fund for projects favored by Southside and southwestern Virginia politicians.

McAuliffe’s reforms include reducing the commission’s board from 31 to 28 members and requiring that 13 of them have experience in business, finance or education.

Feinman has been deputy secretary of natural resources and worked with McAuliffe’s post-election team.

It’s too soon, of course, to know if these changes will bring results, but anything that moves the commission away from its past and the grasp of mossback Tobacco Road politicians is welcome.

Blankenship’s Incriminating Tapes

don-blankenship By Peter Galuszka

It may sound like something out of the Nixon White House, but embattled coal baron Donald L. Blankenship regularly taped conversations in his office, giving federal prosecutors powerful new ammunition as he approaches criminal trial in July.

According to Bloomberg News, the former head of Massey Energy taped up to 1,900 conversations that often go to the heart of the case against him. Blankenship was indicted last Nov. 13 on several felony charges that he violated safety standards and securities laws in the run up to the April 5, 2010 blast at the Upper Big Branch mine in West Virginia that killed 29 miners.

The revelation of the tapes came about in a circuitous way. The tapes were given to federal prosecutors in 2011 by officials of Alpha Natural Resources, which bought Richmond-based Massey Energy in 2011 for $7.1 billion.

After reaching a non-prosecution deal with federal prosecutors, Alpha hired a powerful New York law firm to investigate Massey for any possible violations.

Alpha, based in Bristol, was required as part of a non-prosecution order it signed to surrender all evidence, including the tapes.

Earlier this year, Alpha declined to continue paying Blankenship’s legal bills since he was under criminal indictment. Blankenship, claiming Alpha was required to indemnify, him, sued Alpha in a Delaware court. The existence of the tapes was revealed in that venue.

According to court documents filed in Delaware, Blankenship seemed to know that his disregard and hardball management practices could hurt him.

The tapes show Blankenship’s disdain for the U.S. Mine Safety and Health Administration (MSHA), which regulates mines but also reveal Blankenship knew Massey’s practices were risky.

According to testimony, a tape has Blankenship stating, “Sometimes, I’m torn up with what I see about the craziness we do. Maybe if it weren’t for MSHA, we’d blow ourselves up. I don’t know.”

“I know MSHA is bad, but I tell you what, we do some dumb things. I don’t know what we’d do if we didn’t have them,” Blankenship said on tape in the Delaware case.

So far, little has been revealed about what evidence the U.S. Attorney’s Office in Charleston, W.Va. has against Blankenship. Irene Berger, a U.S. District Judge in Beckley, W.Va., issued a massive gag order forbidding lawyers and even family members of the 29 mine victims from discussing the case, now scheduled for July 13 in Beckely.

The gag rules were order modified after the Charleston Gazette and the Wall Street Journal among other news outlets challenged them before the U.S. Fourth Circuit Court of Appeals in Richmond.

In some cases, apparently, the tapes cut both ways. In Delaware, Blankenship’s lawyers played a tape from 2009 which has Blankenship urging executives to tighten up on safety. “I don’t want to go to 100 funerals,” he is quoted as saying. He allegedly told Baxter Phillips Jr., then Massey’s president, that if there were a fatal disaster, “You may be the one who goes to jail.”

According to Bloomberg, Alpha initiated the internal probe after reaching a non-prosecution deal with federal prosecutors. It hired Cleary Gottleib Steen & Hamilton of New York to handle it.

Since Alpha refused to continue paying Blankenship’s legal bills, Blankenship reportedly has paid his lawyers $1 million himself.

The writer is the author of “Thunder on the Mountain, Death at Massey and the Dirty Secrets Behind Big Coal,” 2012, St. Martin’s Press. Paperback , West Virginia University Press, 2014.

Dave Brat’s Bizarre Statements

 By Peter Galuszka

Almost a year ago, Dave Brat, an obscure economics professor at Randolph- Macon College, made national headlines when he defeated Eric Cantor, the powerful House Majority Leader, in the 7th District Brat Republican primary.

Brat’s victory was regarded as a sensation since it showed how the GOP was splintered between Main Street traditionalists such as Cantor and radically conservative, Tea Party favorites such as Brat. His ascendance has fueled the polarization that has seized national politics and prevented much from being accomplished in Congress.

So, nearly a year later, what has Brat actually done? From reading headlines, not much, except for making a number of bizarre and often false statements.
A few examples:

  • When the House Education and Workforce Committee was working on reauthorizing a law that spends about $14 billion to teach low-income students, Brat said such funding may not be necessary because: “Socrates trained Plato in on a rock and the Plato trained Aristotle roughly speaking on a rock. So, huge funding is not necessary to achieve the greatest minds and the greatest intellects in history.”
  • Brat says that the Affordable Care Act (Obamacare) is a step towards making the country be more like North Korea. He compares North and South Korea this way:  “. . . it’s the same culture, it’s the same people, look at a map at night, half the, one of the countries is not lit, there’s no lights, and the bottom free-market country, all Koreans is lit up. See you make your bet on which country you want to be, right? You want to go to the free market.” One problem with his argument:  Free market South Korea has had a single payer, government-subsidized health care system for 40 years. The conservative blog, BearingDrift, called him out on that one.
  • Politifact, the journalism group that tests the veracity of politicians’ statements, has been very busy with Brat. They have rated as “false” or “mostly false” such statements that repealing Obamacare would save the nation more than $3 trillion and that President Obama has issued 468,500 pages of regulations in the Federal Register. In the former case, Brat’s team used an old government report that estimated mandatory federal spending provisions for the ACA. In the latter case, Politifact found that there were actually more pages issued than Brat said, but they were not all regulations. They included notices about agency meetings and public comment periods. What’s more, during a comparable period under former President George W. Bush, the Federal Register had 465,948 pages, Politifact found. There were some cases, however, where Politifact verified what Brat said.
  • Last fall, after Obama issued an executive order that would protect up to five million undocumented aliens from arrest and deportation, Brat vowed that “not one thin dime” of public money should go to support Obama’s plan. He vowed to defund U.S. Citizen and Immigration Services but then was told he couldn’t do so because the agency was self-funded by fees from immigration applications. He then said he would examine how it spent its money.

The odd thing about Brat is that he has a doctorate in economics and has been a professor. Why is he making such bizarre, misleading and downright false statements?

Pulitzer-Winning Series Exposed Richmond Firm

HDL LogoBy Peter Galuszka

There’s been plenty of discussion about the evils of rising health care costs, but unfortunately, one only hears of government wrong-doing.

Private industry actually spearheads a lot of the price gouging — sometimes with government complicity.

And it just so turned out that a high-flying Richmond firm — Health Diagnostic Laboratory  — was at the heart of a scandal that involved ripping off the Medicare program.

The Wall Street Journal on Monday was awarded a Pulitzer Prize for investigative reporting for exposing Medicare fraud. As a result of a front-page story published last Sept. 8, Tonya Mallory, the chief executive and co-founder of HDL, resigned. A few weeks ago, HDL was fined $47 million (while admitting no wrongdoing) after  their Sept. 8 story last year, for paying doctors kickbacks to use their blood tests.

The Journal broke the story after a court battle. It fought to lift a 33-year-old injunction that kept private data regarding Medicare patients. Once the data floodgates were opened, reporters pieced together all kinds of juicy information about health care firms, including HDL.

I have the story here on my “The Deal” blog in Style Weekly.

The upshot? Unlike what you often read on this blog, the problems of rising health care costs may not exactly be government sloth and inefficiency. It can be the private sector gaming the system to their benefit.

The Fifth Anniversary of Upper Big Branch

A memorial to the Massey Energy miners at Upper Big Branch

A memorial to the Massey Energy miners at Upper Big Branch

By Peter Galuszka

Five years ago this morning, miners near Montcoal, W.Va. clambered into low, truck-like vehicles called “mantrips” for a nearly-hour-long ride to their positions at Upper Big Branch, a coal mine owned by a subsidiary of Richmond-based Massey Energy.

Some of the miners were queasy because the mine, known as UBB, was especially gassy, had substantial air ventilation problems and lots of coal dust. Even worse, the chief executive of Massey Energy, Donald L. Blankenship, was known as a hard-charging bean counter who liked to cut corners and maximize profits, investigators say.

As the shift neared its end, a “long wall” machine that rips into coal seams hit a clump of slate. Sparks flew from the badly-maintained long wall device. A jet of methane flame about the size of a basketball flared out. Safety measures, such as streams of waters designed to extinguish such flames, didn’t work. As miners scrambled for their lives, an enormous blast, fed by high levels of coal dust, roared through seven miles of shafts, blowing apart or suffocating 29 miners.

It was the worst disaster in this country in 40 years. Several investigations gave scathing reports of Massey’s lax attitude about mine safety. One report was titled “Industrial Homicide.”

So what’s been done to improve mine safety lives? Not very much.

Federal legislation such as the Robert C. Byrd bill that would give federal regulators subpoena power when probing safety violations has gotten nowhere in Congress.

Worried about slumps in coal production caused by as flood of natural gas from fracking drilling methods, the West Virginia legislature has come up with the “Creating Coal Jobs and Safety Act.” You read that right. The bill puts “jobs” first and “safety” second.

As W.Va. Del. Barbara Fleischauer of Monongalia County puts it: “There’s not anything in this bill that improves safety, nothing. And I can’t believe, after all the fires and explosions we’ve had in this state, recently, we would, and you know what they are; Upper Big Branch, Aracoma, Sego, that we would ever consider rolling back safety protections.”

The Associated Press reports that while mine deaths are down, thanks because of the competition against coal by natural gas. Mine inspections spiked after UBB and accidents, while they still occur, are down.

But, the AP says, the coal dust problem hasn’t been resolved. Massey had been fined continuously for not keeping levels of coal dust low. There was so much coal dust in the mine that autopsies of dead miners (at least the ones that had enough long tissue that could be recovered after the massive blast) all showed evidence of black lung disease, which was supposed to have been rooted out years before by regulatory upgrades.

Coal dust problems are still evident. In January, federal officials found excess methane and coal dust at Mill Branch Coal Corp’s Osaka mine in Wise County, Va. Another mine, Camp Creek in Wayne County, W.Va., had been cited 64 times in the last two years for failing to follow ventilation plans. And, a miner was recently killed at a showcase Virginia mine.

What do these mines have in common? They are owned by Bristol-based Alpha Natural Resources, which bought failing Massey Energy in 2011 for $7 billion. Alpha tried to absorb Massey miners and retrain them in its “Running Right” safety program, but it obviously has lingering problems.

Alpha has been lying off many miners because of the production downturns and lack of demand for both steam and metallurgical coal. After enduring millions of dollars in losses, its stock has trading at a dollar and a penny. Cash short Alpha has had to sell its new headquarters building just off of Interstate 81 in the Bristol area.

Blankenship, meanwhile, is slated to go on trial for criminal charges related to UBB in Beckley W.Va. on April 20. It is the first time a coal chief executive has been so indicted. Blankenship’s lawyers are trying to get a change of venue, claiming that he is so well-known and disliked in southern West Virginia that he can’t get a fair trial. For a time, he won a gag order preventing anyone, including families of the deceased UBB miners, from discussing the trial but it was overturned by the U.S. Fourth Circuit Court of Appeals in Richmond.

His trial may be delayed, but it won’t be much of a victory. Alpha Natural Resources, meanwhile, is refusing to pay his legal bills.

Note: Peter A. Galuszka is author of “Thunder on the Mountain: Death at Massey and the Dirty Secrets Behind Big Coal.” It was first published by St. Martin’s Press in September 2012 and is now available in paperback from West Virginia University Press.

 

NRDC Says Clean Power Plan Benefits Virginia

coal plant burnsBy Peter Galuszka

In a sweeping contradiction of the positions of Dominion Virginia Power and assorted politicians and regulators, the Natural  Resources Defense Council has issued a report saying that Virginia will benefit by following a proposed federal plan to cut carbon dioxide.

The U.S. Environmental Protection Administration has put forth a proposed plan for comment that would cut carbon dioxide pollution intensity — measured in pounds per megawatt hour of electricity– in the state by 38 percent by 2030.

The draft plan brought on protests from Dominion, the State Corporation Commission, Gov. Terry McAuliffe, The Virginia Department of Environmental Quality and many legislators who say compliance with the plan would cost ratepayers an extra $5 billion to $6 billion in rate hikes and force the closure of some coal-fired plants.

The situation was considered so dire that Dominion convinced the General Assembly to pass a bill letting it freeze its rate base and avoid audits by the SCC for five years.

Reading the NRDC document is like reading an instruction manual from another planet. The key point:

“The Commonwealth is already 80 percent on the way toward achieving the EPA Clean Power Plan’s carbon reduction for the state,” it says. The remaining 20 percent goal could be reached by pressing on with renewable energy and energy efficiency while developing a robust new work force that would total about 5,600 “and the state’s households and businesses would save $1 billion on their electric bills by 2020.”

One reason for the progress in achieving the goal is that Dominion has converted coal plants to natural gas or had announced plans to shut down some aging coal plants .

The NDRC notes that the Clean Power Plan does not specifically target coal-fired plants or other fossil fuel units and leaves it to the utilities to choose how they want to achieve the goals. Among ways to do this are to make coal plants more efficient, use natural gas plants more effectively by switching them on before coal plants and increasing renewables and efficiency.

Deutsche Bank reports that by 2016, solar power (which only just beginning to be tapped) will be cheaper than the average retail power, the report says.

The NRDC report brings up another topic that rarely is discussed in Virginia. Switching to cleaner power can “usher in climate and health benefits worth an estimated $55 billion to $93 billion by 2030. This could prevent from 2,700 to 6,600 premature deaths — a topic rarely broached in Richmond.

As for concerns of base loaded reliability, the report says that PJM, the regional grid to which Virginia belongs, can kick in during a major and unexpected plant outage with 3,350 megawatts of backup electricity.

Another interesting fact: NDRC reports that coal’s share of Virginia’s generation is now only about 20 percent. Dominion had reported it as being up to 49 percent of its mix a few years back. It is hard to understand given that Dominion has been shutting down coal-plants that are 50 or 60 years old. Opponents of the EPA’s new rules claim the plants are being shut down because of EPA’s “War on Coal” but simple age is the more logical reason.

In any event, it is amazing that hardly any of the points raised by NRDC were part of the harried discussion against the proposed Clean Power Plan and Dominion’s almost hysterical need for rate freezes and freedom from audits so it could have time assessing just how damaging the proposed Clean Power Plan would be.

What’s needed is an honest and transparent discussion and review of what the plan really is, how much it will really cost and how its goals can be achieved. That debate cannot be held captive by bankrolled legislators and regulators bullied by utilities.

A New, Improved Ken Cuccinelli?

ken-cuccinelliBy Peter Galuszka

Is one-time conservative firebrand Ken Cuccinelli undergoing a makeover?

The hard line former Virginia attorney general who lost a bitter gubernatorial race to Terry McAuliffe in 2013 is now helping run an oyster farm and sounding warning alarms about a rising police state.

This is remarkable switch from the man who battled a climatologist in court over global warming; tried to prevent children of illegal immigrants born in this country from getting automatic citizenship; schemed to shut down legal abortion clinics; tried to keep legal protection away from state gay employees; and wanted to arm Medicaid investigators with handguns.

Yet on March 31, Cuccinelli was the co-author with Claire Guthrie Gastanaga, executive director of the American Civil Liberties Union of Virginia of an opinion column in the Richmond Times Dispatch. Their piece pushes bipartisan bills passed by the General Assembly that would limit the use of drones and electronic devices to read and record car license plate numbers called license plate readers or LPRs.

Cuccinelli and Gastanaga say that McAuliffe may amend the bills in ways that would expand police powers instead of protect privacy. “The governor’s proposed amendments to the LPR bills gut privacy protections secured by the legislation,” they write. The governor’s amendments would extend the time police could keep data collected from surveillance devices and let police collect and save crime-related data from drones used during flights that don’t involve law enforcement, they claim.

When not protecting Virginians from Big Brother, Cuccinelli’s been busy oyster farming. He has helped start a farm for the tasty mollusks on the historic Chesapeake Bay island of Tangier. According to an article in The Washington Post, Cuccinelli got involved when he was practicing law in Prince William County after he left office.

He would visit the business and get roped into working at odd jobs. He apparently enjoyed the physical labor and the idea that oysters are entirely self-sustaining and help cleanse bay water.

Environmentalists scoff at the idea, noting that as attorney general, Cuccinelli spent several years investigating Michael Mann, a former University of Virginia climatologist who noted that humans were responsible for the generation of more carbon dioxide emissions and that has brought on climate change.

Some have pointed out that if Cuccinelli had had his way, he would have helped quash climate science, generated even more global warming and sped up the inundation of Tangier Island by rising water levels.

It will be interesting to see if Cuccinelli intends to rebrand himself for future political campaigns and how he tries to reinvent himself.

The General Assembly STILL Doesn’t Get It

By Peter Galuszka

Gov. Terry McAuliffe is right to amend the latest ethics bill to close a loophole that would have allowed legislators to collect $99.99 worth of gifts every day of the year.

After all the uproar over the Bob McDonnell scandal, one would think that the General Assembly would have the sense and maturity to take responsible corrective efforts.

Well, no. First they went to little scenes that would ban gifts over $250, but “intangibles” which often are the real goodies such as trips to the Master’s golf tournament in Augusta, Redskins Games, and so on, are not included.

Then, they had to be browbeaten to lower the gift limit to $100. And no intangibles.

But, “nooo,” as the Blues Brothers used to say. They made it no more than $100 in gifts per day. That means they could take something like $36,496.35 a year, not $99.99. Multiply that by the number of senators and delegates and it adds up.

Never mind that the General Assembly wouldn’t consider real ethics reform, such as setting up a true ethics commission with subpoena power.

McAuliffe should ratchet this down as much as possible. After the worst public ethics scandal in the state’s history – one that drew international attention, they still don’t get it.

Cruz, “Liberty” and Teletubbies

AP CRUZ A USA VA By Peter Galuszka

Where’s the “Liberty” in Liberty University?

The Christian school founded by the controversial televangelist Jerry Falwell required students under threat of a $10 “fine” and other punishments to attend a “convocation” Monday where hard-right U.S. Sen. Ted Cruz announced his candidacy for president.

Thus, Liberty produced a throng of people, some 10,000 strong, to cheer on Cruz who wants to throttle Obamacare, gay marriage, abolish the Internal Revenue Service and blunt immigration reform.

Some students stood up to the school for forcing them to become political props. Some wore T-Shirts proclaiming their support of libertarian Rand Paul while others protested the university’s coercion. “I just think it’s unfair. I wouldn’t say it’s dishonest, but it’s approaching dishonesty,” Titus Folks, a Liberty student, told reporters.

University officials, including Jerry Falwell, the son of the late founder, claim they have the right as a private institution to require students to attend “convocations” when they say so. But it doesn’t give them the power to take away the political rights of individual students not to be human displays  in a big and perhaps false show.

There’s another odd issue here. While Liberty obviously supports hard right Tea Party types, the traditional Republican Party in the state is struggling financially.

Russ Moulton, a GOP activist who helped Dave Brat unseat House Majority Leader Eric Cantor in a primary last summer, has emailed party members begging them to come up with $30,000 to help the cash-strapped state party.

GOP party officials downplay the money problem, but it is abundantly clear that the struggles among Virginia Republicans are as stressed out as ever. Brat won in part because he cast himself as a Tea Party favorite painting Cantor as toady for big money interests. The upset drew national attention.

Liberty University has grown from a collection of mobile homes to a successful school, but it always has had the deal with the shadow of its founder. The Rev. Falwell gained notoriety over the years for putting segregationists on his television show and opposing gay rights, going so far as to claim that “Teletubbies,” a cartoon production for young children, covertly backed homosexual role models.

Years ago, the Richmond Times-Dispatch published a story showing that the Rev. Falwell took liberties in promoting the school he founded in 1971. Brochures touting the school pictured a downtown Lynchburg bank building with the bank’s logo airbrushed off. This gave the impression that Liberty was thriving with stately miniature skyscrapers for its campus.

Some observers have noted that Liberty might be an appropriate place for the outspoken Cruz to launch his campaign. The setting tends to blunt the fact that he’s the product of an Ivy League education – something that might not go down too well with Tea Party types – and that he was actually born in Canada, although there is no question about his U.S. citizenship and eligibility to run for question.

Hard-line conservatives have questioned the eligibility of Barack Obama to run for U.S. president although he is likewise qualified.

With Cruz in the ring and Liberty cheering him, it will make for an interesting campaign.

Carbon Cuts: Why PJM Has a Better Idea

pjm-region-1024x657By Peter Galuszka

Amidst all the gnashing of teeth in Virginia about complying with proposed federal carbon dioxide rules, there seems to be one very large part of the debate that’s missing.

Several recent analytical reports explore using regional, carbon marketplaces to help comply with proposed federal Clean Power Plan rules that would cut carbon emissions by 2030. They conclude that the carbon goals can be attained more cheaply and efficiently by using a regional approach.

The lead study is by the PJM Interconnection, a grid that involves all or parts of 13 states including most of Virginia. Its March 2 report states that “state by state compliance options – compared to regional compliance options – likely would result in higher compliance costs for most PJM states because there are fewer low-cost options available within state boundaries than across the entire region.”

The same conclusion was made by another report by the Washington-based consulting firm Analysis Group on March 16. It states: “PJM’s analysis of compliance options demonstrates that regional, market-based approaches can meet Clean Power Plan goals across PJM states at lowest cost, with retirements likely spread out over a number of years.”

PJM set off in its analysis by setting a price per ton of carbon dioxide emissions with an eye towards the entities being exchanged among PJM-member utilities in a new market. The PJM report shows that electricity generation varies greatly among members. Some are farther along with renewables while others are greatly reliant upon coal.

By exchanging carbon units, some coal plants might actually be kept in service longer while overall goals are still achieved. EnergyWire, an industry news service, quotes Michael Kormos, PJM’s executive vice president for operations, as saying that the market-based carbon exchange, somewhat counterintuitively, might keep coal plants running longer.

“With the renewables and nuclear coming in as basically carbon free, we’re actually able run those coal resources more because they are getting credit from renewables and the nuclear as zero carbon.”

In December, PJM had 183,694 megawatts of generation. Some 67,749 megawatts are from coal-fired units.

Kormos says that a number of coal-fired units are going to be retired in the 2015 to 2030 timeframe regardless of what happens with the Clean Power Plan, whose final rules will be prepared by the U.S. Environmental Protection Agency later this year. The retirements of older coal plants are expected to involve a minimum of 6,000 megawatts of power.

It is curious that very little of this report is being heard in the vigorous debate in Virginia about complying with the Clean Power Plan. What you hear is a bunch of humping and grumping from Dominion Virginia Power and its acolytes in the General Assembly, the State Corporation Commission and the media.

This is not a new concept. Carbon trading is active in Europe and has worked here to lessen acid rain.

It is amazing that one hears nothing about it these days. It is shouted down by alarmists who claim that Virginia ratepayers will be stuck with $6 billion in extra bills and that there’s an Obama-led  “War on Coal.” The New York Times has a front-pager this morning about how Kentucky’s Mitch McConnell is taking the rare step of actually leading the “War on Coal” propaganda campaign.

Also strange, if not bizarre, is that this approach is precisely market-based which so many commentators on the blog claim to worship. Where are they on the PJM idea? Has anyone asked Dominion, which is running the show in this debate?