EC September 2007

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Fwd: TrAILCo - PSC Case No. 07-0508-E-CN Staff Witness Information
by William V. DePaulo, Esq. 21 Sep '07

21 Sep '07

FYI - RE SCHEDULE, FOR SUNDAY NIGHT DISCUSSION ---------- Forwarded message ---------- From: Gregg, Billy Jack <BGregg(a)psc.state.wv.us> Date: Sep 21, 2007 2:30 PM Subject: RE: TrAILCo - PSC Case No. 07-0508-E-CN Staff Witness Information To: "Melick, Phil" <PMELICK(a)jacksonkelly.com>, "Short, Caryn" <CShort(a)psc.state.wv.us> Cc: "Watkins, Joe" <JWATKINS(a)psc.state.wv.us>, "Hitt, Richard" <RHitt(a)psc.state.wv.us>, "Auville, John" <jauville(a)psc.state.wv.us>, "DeHaven, Carrie" <CDeHaven(a)psc.state.wv.us>, "Williamson, Derrick" <DWilliam(a)mwn.com>, "sriggs(a)spilmanlaw.com" <sriggs(a)spilmanlaw.com>, "rodecker(a)wvdsl.net" <rodecker(a)wvdsl.net>, "bradstephens(a)comptonlawoffices.com" <bradstephens(a)comptonlawoffices.com>, "william.depaulo(a)gmail.com" <william.depaulo(a)gmail.com>, "Palmer, Randall B." <rpalmer(a)alleghenypower.com>, "Deaver, Gerald R." <gdeaver(a)alleghenypower.com>, "Callas, Chris" <CCALLAS(a)jacksonkelly.com> Folks- Even if the January dates work out, I continue to prefer letting the pro se intervenors put on their cases first, followed by TrAILCo and other parties ending with Staff. This will let the pro se intervenors, who may not be able to attend for very many days, put on their cases and get back to their real lives. Billy Jack -----Original Message----- From: Melick, Phil [mailto:PMELICK@jacksonkelly.com] Sent: Friday, September 21, 2007 2:20 PM To: Short, Caryn Cc: Watkins, Joe; Hitt, Richard; Auville, John; DeHaven, Carrie; Gregg, Billy Jack; Williamson, Derrick; sriggs(a)spilmanlaw.com; rodecker(a)wvdsl.net; bradstephens(a)comptonlawoffices.com; william.depaulo(a)gmail.com; Palmer, Randall B.; Deaver, Gerald R.; Callas, Chris Subject: RE: TrAILCo - PSC Case No. 07-0508-E-CN Staff Witness Information Caryn, TrAILCo intends to oppose the Staff motion in Virginia, which will not be fully briefed until October 4. However, if that motion is granted, then TrAILCo would not oppose your suggestion, provided (i) that all other prehearing dates to which we last agreed remain in place and (ii) that the parties agree to move up the dates for briefs. TrAILCo would like to complete the briefing sooner than we last discussed, in the hope of enabling an earlier Commission order. Phil Melick Jackson Kelly PLLC P. O. Box 553 Charleston, WV 25322 (1600 Laidley Tower, Court and Lee Streets, Charleston, WV 25301) pmelick(a)jacksonkelly.com 304.340.1289 (voice) 304.340.1080 (fax) Pursuant to the requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended or written to be used and cannot be used by any taxpayer for the purpose of (i) avoiding Federal tax penalties that may be imposed on the taxpayer or (ii) promoting, marketing or recommending to another person any tax-related matter. CONFIDENTIALITY NOTE: This e-mail message from the law office of Jackson Kelly PLLC is for the sole use of the intended recipient or recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure, distribution, or other dissemination of this e-mail message and/or the information contained therein is strictly prohibited. If you are not the intended recipient of this e-mail message, please contact the sender by reply e-mail and destroy all copies of the original message. ________________________________ From: Short, Caryn [mailto:CShort@psc.state.wv.us] Sent: Friday, September 21, 2007 01:43 PM To: Melick, Phil; Watkins, Joe; Hitt, Richard Cc: Auville, John; DeHaven, Carrie; Gregg, Billy Jack; 'Williamson, Derrick'; 'sriggs(a)spilmanlaw.com'; 'rodecker(a)wvdsl.net'; 'bradstephens(a)comptonlawoffices.com'; 'william.depaulo(a)gmail.com'; 'Palmer, Randall B.'; 'Deaver, Gerald R.'; Callas, Chris Subject: RE: TrAILCo - PSC Case No. 07-0508-E-CN Staff Witness Information Joe and others, Please see the news article below where the Staff in VA has sought a delay of the January 14, 2007 evidentiary hearings. If the Virginia State Corporation Commission grants a continuance to the VA Staff and hearings are not to be held in VA, it seems to me that the dates the WV Staff proposed for hearings in WV in its Motion of September 11, 2007, will be available. Assuming the VA SCC grants the continuance, do any of the parties have an objection to hearings in WV in the January 9-18 timeframe? Please advise. Thanks Caryn Staff Seeks Delay in Hearing on Proposed Power Line By Sandhya Somashekhar Washington Post Staff Writer Friday, September 21, 2007; Page B06 Virginia utility regulators have asked for more time to study whether Dominion Virginia Power should be allowed to build a high-voltage power line through a 65-mile stretch of rural Northern Virginia. The staff of the State Corporation Commission has asked the commission, which approves power lines, to postpone arguments scheduled for Jan. 14 Dominion's application is "voluminous" and "both complex and novel," according to a four-page staff request released Wednesday. The staff asked that the Richmond hearing be delayed until Feb. 25. In addition, staff members said they want additional time to consider whether a high-voltage line proposed for Maryland would affect whether the Virginia power line is needed. Dominion, which contends that the Virginia line is needed to guard against blackouts, is reviewing the commission staff request, a spokeswoman said. If the commission delays the project for more than a year, the company might be allowed to bypass the state and appeal directly to the federal government under a new federal law. The Piedmont Environmental Council, a nonprofit organization that is leading opposition to the line, said it is pleased with the staff's request. They recognize it's not as simple as the scare tactics of, 'Your lights are going to go out if you don't get this line,' " council spokesman Robert W. Lazaro Jr. said. "It is very significant." The 270-mile, 500-kilovolt transmission line, a joint project of Dominion and Pennsylvania-based Allegheny Power, would carry electricity from coal-fired plants in the Midwest to fast-growing Northern Virginia. Dominion would be in charge of the eastern part of the line, which would begin in Frederick, Va., and end in Loudoun County, slicing through parts of Fauquier, Rappahannock, Culpeper, Warren and Prince William counties. The estimated cost of that portion of the line is $243 million The other project the commission staff wants to study is a $1.8 billion, 300-mile high-voltage line proposed by Allegheny and American Electric Power. It would start in West Virginia and end in Frederick County, close to the Montgomery County border. Both proposals have provoked an outcry from preservationists and landowners, who worry that the cables and lofty steel towers will mar the landscape and bring down property values. In addition, the environmental council has argued that Virginia does not need the Dominion line. On Monday, the organization published a report that says Dominion and Allegheny misrepresented the data to prop up the case for the line and that they ignored "less costly and less environmentally damaging solutions." In April, Dominion released a report that warned of "significant problems in the system that will require new transmission facilities by 2011." This week, the utility company announced energy conservation initiatives to help meet the growing demand for electricity in Virginia. A hearing examiner for the State Corporation Commission is to decide this fall whether to delay arguments in the case. If the examiner agrees to a delay, anyone who wants to testify Jan. 14 would be allowed to do so. -----Original Message----- From: Short, Caryn Sent: Monday, September 17, 2007 10:43 AM To: 'Melick, Phil'; Watkins, Joe Cc: Auville, John; DeHaven, Carrie; Gregg, Billy Jack; Williamson, Derrick; sriggs(a)spilmanlaw.com; rodecker(a)wvdsl.net; bradstephens(a)comptonlawoffices.com; william.depaulo(a)gmail.com; Palmer, Randall B.; Deaver, Gerald R.; Callas, Chris Subject: RE: TrAILCo - PSC Case No. 07-0508-E-CN Staff Witness Information Joe, In accordance with Commissioner McKinney's directive, at the hearing on Friday, I have confirmed that the Staff witnesses will be available for the February hearing dates. The Staff understands that for the February hearing dates TrAILCo will proceed with the presentation of its witnesses first, any remaining intervenor witnesses next and finally the Staff witnesses, both in-house and Consultant. The Staff is willing to work with TrAILCo and any intervenors that have witnesses remaining to be called at the February hearings in order to accommodate the calling of out of town witnesses in an efficient manner. Further it may be appropriate to group the presentation of witnesses by their area of expertise. Please provide this information to the Commission and let me know if they require anything further. Caryn Caryn Watson Short Supervising Attorney WV PSC P.O. Box 812 201 Brooks Street Charleston, WV 25323 Ph. (304)-340-0338 Fax: (304) 340-0372 -----Original Message----- From: Melick, Phil [mailto:PMELICK@jacksonkelly.com] Sent: Monday, September 17, 2007 9:47 AM To: Watkins, Joe Cc: Short, Caryn; Auville, John; DeHaven, Carrie; Gregg, Billy Jack; Williamson, Derrick; sriggs(a)spilmanlaw.com; rodecker(a)wvdsl.net; bradstephens(a)comptonlawoffices.com; william.depaulo(a)gmail.com; Palmer, Randall B.; Deaver, Gerald R.; Callas, Chris Subject: TrAILCo - PSC Case No. 07-0508-E-CN Joe, As you requested on Friday, here is what the attending lawyers agreed to with respect to a procedural schedule, in the event that the Commission determines not to proceed as per the previous Staff memoranda. Public comment hearings week(s) of October 8 or 15, 2007 Status hearing and Charleston public comment hearing - November 1, 2007 Deadline for Staff and intervenors' testimony, including rebuttal to TrAILCo's testimony - December 5, 2007, 12:00 p.m. Deadline for propoundment of discovery - December 12, 2007 Deadline for TrAILCo's rebuttal testimony and other parties' cross-rebuttal of each others' testimony - January 7, 2008, 12:00 p.m. Evidentiary hearing, first phase [everyone's case but TrAILCo] - January 9-11, 14-15, 2008 TrAILCo will pay for expedited transcription of proceedings Evidentiary hearing, second phase [TrAILCo's case, including oral surrebuttal to evidence adduced in first phase; possibly Staff's witnesses unable to attend first phase] - February 12-15, 19-22, 2008. TrAILCo will pay for overnight transcription of proceedings Initial briefs and proposed findings/conclusions - March 10, 2008 Reply briefs - March 21, 2008 The Commission might also wish to reflect in an order TrAILCo's stipulation as to how it would expedite discovery. With the understanding that it will not be asked to do anything more expeditiously, TrAILCo has committed to accelerating its responses to discovery as set forth below. (As stated on Friday, discovery outside this protocol will be addressed pursuant to Commission Rule.) 1. Requests should be directed via email to each of rpalmer(a)alleghenypower.com, gdeaver(a)alleghenypower.com, hriddle(a)alleghenypower.com, bmill11(a)alleghenypower.com, ccallas(a)jacksonkelly.com, and pmelick(a)jacksonkelly.com, with the requests in an accompanying document published in Microsoft Word. 2. Requests received before 12:00 p.m. on a business day will be deemed served that day. Requests received thereafter will be deemed served on the subsequent business day. 3. TrAILCo will file and serve its objections within seven calendar days, and its responses within 14 calendar days; provided, that if that day is not a business day, then the time is extended to the subsequent business day. TrAILCo must reserve the right to take the position that sheer quantity of requests or other circumstances preclude this accelerated response protocol, just as might be the case under standard Commission Rule. By copy of this correspondence to the lawyers who attended our hearing on Friday, we respectfully reiterate our request that parties propound discovery as soon as they are able. In that regard, TrAILCo's case in chief has been of public record since March 30, and TrAILCo has already responded to discovery from the Staff and the WVEUG. We would expect that TrAILCo, and not the other parties, will be the principal server of discovery in the week ending December 7, 2007 (if the Commission adopts the stipulated schedule above). Joe, please let us know if the you or the Commission have any questions or concerns. Phil Melick Jackson Kelly PLLC P. O. Box 553 Charleston, WV 25322 (1600 Laidley Tower, Court and Lee Streets, Charleston, WV 25301) pmelick(a)jacksonkelly.com 304.340.1289 (voice) 304.340.1080 (fax) Pursuant to the requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended or written to be used and cannot be used by any taxpayer for the purpose of (i) avoiding Federal tax penalties that may be imposed on the taxpayer or (ii) promoting, marketing or recommending to another person any tax-related matter. CONFIDENTIALITY NOTE: This e-mail message from the law office of Jackson Kelly PLLC is for the sole use of the intended recipient or recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure, distribution, or other dissemination of this e-mail message and/or the information contained therein is strictly prohibited. If you are not the intended recipient of this e-mail message, please contact the sender by reply e-mail and destroy all copies of the original message. -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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US Climate Change Science Program
by duane330＠aol.com 21 Sep '07

21 Sep '07

US CLIMATE CHANGE SCIENCE PROGRAM PANEL GIVES U.S. PROGRAM MIXED GRADES. The National Research Council is pleased that the Bush Administration has advanced the science of climate change, but?has serious concerns about the management, funding, and emphasis of the? $1.7 billion a year Climate Change Science Program.? ? http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=11934 ? http://books.nap.edu/catalog.php?record_id=11934 ? http://www.gcrio.org/ipcc/ar4/wg1/faq/index.htm ? Chapter from which Questions have been taken [PDF files] Questions [PDF files] Multiple chapters All Questions in Single File? [7Mb] 1. Historical Overview of Climate Change Science 1.1. What Factors Determine Earth's Climate? [392Kb] 1.2. What is the Relationship between Climate Change and Weather? [514Kb] 1.3. What is the Greenhouse Effect? [2.7Mb] 2.Changes in Atmospheric Constituents and in Radiative Forcing 2.1. How do Human Activities Contribute to Climate Change and How do They Compare with Natural Influences? [298Kb] 3.Observations: Surface and Atmospheric Climate Change 3.1. How are Temperatures on Earth Changing? [3.7Mb] 3.2. How is Precipitation Changing? [296Kb] 3.3. Has there been a Change in Extreme Events like Heat Waves, Droughts, Floods and Hurricanes? [412Kb] 4.Observations: Changes in Snow, Ice and Frozen Ground 4.1. Is the Amount of Snow and Ice on the Earth Decreasing? [254Kb] 5. Observations: Oceanic Climate Change and Sea Level 5.1. Is Sea Level Rising? [139Kb] 6. Palaeoclimate 6.1. What Caused the Ice Ages and Other Important Climate Changes Before the Industrial Era? [549Kb] 6.2. Is the Current Climate Change Unusual Compared to Earlier Changes in Earth's History? [79Kb] 7.Couplings Between Changes in the Climate System?and Biogeochemistry 7.1. Are the Increases in Atmospheric Carbon Dioxide and Other Greenhouse Gases During the Industrial Era Caused by Human Activities? [701Kb] 8.Climate Models and their Evaluation 8.1. How Reliable Are the Models Used to Make Projections of Future Climate Change? [183Kb] 9.?Understanding and Attributing Climate Change 9.1. Can Individual Extreme Events be Explained by Greenhouse Warming? [129Kb] 9.2. Can the Warming of the 20th Century be Explained by Natural Variability? [601Kb] 10.?Global Climate Projections 10.1. Are Extreme Events, Like Heat Waves, Droughts or Floods, Expected to Change as the Earth's Climate Changes? [79Kb] 10.2. How Likely are Major or Abrupt Climate Changes, such as Loss of Ice Sheets or Changes in Global Ocean Circulation? [100Kb] 10.3. If Emissions of Greenhouse Gases are Reduced, How Quickly do Their Concentrations in the Atmosphere Decrease? [211Kb] 11. Regional Climate Projections 11.1. Do Projected Changes in Climate Vary from Region to Region? [1.2 Mb] U.S. Global Change Research Information Office, Suite 250, 1717 Pennsylvania Ave, NW, Washington, DC 20006. Tel: +1 202 223 6262. Fax: +1 202 223 3065. Email: information(a)gcrio.org. Web: www.gcrio.org. Webmaster: webmaster(a)gcrio.org. ________________________________________________________________________ Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com

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Fwd: Coal: Cheap, Abundant, Cheap
by Paul Wilson 20 Sep '07

20 Sep '07

good for a few laughs. pass it around. best,paul ---------- Forwarded message ---------- From: Alice.McKeown(a)sierraclub.org <Alice.McKeown(a)sierraclub.org> Date: Sep 18, 2007 12:39 PM Subject: Coal: Cheap, Abundant, Cheap To: bruce_nilles(a)prodigy.net, Baumling(a)aol.com, pjgrunt(a)gmail.com, Pat.Gallagher(a)sierraclub.org This video parody of coal is hilarious: http://www.youtube.com/watch?v=71kckb8hhOQ ________________________________ Alice McKeown Sierra Club Clean Air & Coal Campaigns tel: 202.675.6271 fax: 202.547.6009 -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-6975

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creativity needed for bumper sticker
by Barbara Fallon 20 Sep '07

20 Sep '07

We need to get bumper stickers....and we need to decide on our slogan. Who is creative and would be thrilled to take on the bumper sticker project. I would like to have bumper stickers ready to go within the next two weeks.... ____________________________________________________________________________________ Check out the hottest 2008 models today at Yahoo! Autos. http://autos.yahoo.com/new_cars.html

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[Fwd: [forestcouncil] [hw-issues] Dominion subpoenaed on plants Richmond Times Dispatch 9/19/07]
by Regina Hendrix 20 Sep '07

20 Sep '07

I wanted to be sure Energy Committee members saw this one. Regina

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Draft Resolutions for Presentation at CCL Meeting
by Regina Hendrix 20 Sep '07

20 Sep '07

I will be leaving for the 2007 CCL meeting on Saturday and am interested in having input and comment from the energy committee membership, esp. on the one about the Environmental Protection Act. I would appreciate it if you would take a quick look and feed me your comments either today or Friday. Regina

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TrAIL power point presentation
by duane330＠aol.com 20 Sep '07

20 Sep '07

Attached is the power point presentation of John Balasko, as presented at the last meeting of the Monongahela Chaper of the WV? Sierra Club. Be sure to provide proper attribution to John Balasko? if you use these slides. From:? Jonathan and Duane ________________________________________________________________________ Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com

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Bill Clinton in Charleston on Oct. 13th
by Duane330＠aol.com 20 Sep '07

20 Sep '07

FOR IMMEDIATE RELEASE Contact: Nick Casey August 29, 2007 (304) 345-2000; (304) 610-4941 PRESIDENT BILL CLINTON TO KEYNOTE ANNUAL DEMOCRATIC DINNER -Record-breaking crowd expected for Jefferson-Jackson Dinner- CHARLESTON, WV – West Virginia State Democratic Party Chairman Nick Casey today announced that President Bill Clinton will be this year’s keynote speaker for the Jefferson-Jackson Dinner, which will be held on Saturday, Oct. 13 at the Charleston Civic Center. President Bill Clinton officially accepted Gov. Joe Manchin’s personal invitation earlier this week. “I am truly honored that President Clinton has accepted my invitation to be our guest speaker this year,” Gov. Joe Manchin said. “Anytime we can get a former president, who still enjoys such high popularity, in our state, it is a positive thing. I join my fellow Democrats in welcoming President Clinton and look forward to his visit.” The Jefferson-Jackson Dinner is an annual fundraising event that is spo nsored by the Democratic Party every fall in Charleston. The Party is expecting to shatter any previous crowd records and pack more than 2,000 Democrats into the Civic Center this year. “The Party has tried for several years to get President Clinton to keynote our annual dinner,” Chairman Casey added. “We feel very fortunate that he has accepted the invitation this year, and we are confident that we will have a great crowd. Democrats won’t want to miss this event.” Tickets are $125 for floor seating and $75 for first-level seating and will go on sale Tuesday, Sept. 4, at 9:00 a.m. Individuals may purchase tickets by calling the Democratic Party headquarters at 304.342.8121. ### ************************************** See what's new at http://www.aol.com

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The "No-TrAIL March on Charleston"
by Duane330＠aol.com 19 Sep '07

19 Sep '07

In a message dated 9/19/2007 1:08:44 P.M. Eastern Daylight Time, william.depaulo(a)gmail.com writes: WHAT IS THE BIGGEST NUMBER OF PEOPLE YOU THINK WOULD BE WILLING TO COME TO CHARLESTON IN EFFECT TO MARCH AGAINST THE PROPOSED TRAIL LINE. 100, 1,000, 10,000, MORE" We will need some active coordination work to get 1,000. As you know, plenty of property owners have written letters to the PSC. A few hundreds have signed petitions; but, to get them together for a long trip will require a plum at the end of the rainbow, i.e. there needs to be a real payoff at the end.......... We would need a celebrity to make a speech, or do a concert........ The Commissioners of the PSC are not going to be standing on the steps at the Capitol, waiving cheers to the crowd. The Governor will not likely be serving apple cider or handing out picket signs. A tootsie-roll from Bill dePaulo will not draw people from Preston County. If we can attract a nationally known leader...........Wow, that could be huge. Duane ************************************** See what's new at http://www.aol.com

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REAL HEALTH ISSUES from TrAIL
by duane330＠aol.com 19 Sep '07

19 Sep '07

See the attachment for some real health issues from TrAIL. ................. Duane ________________________________________________________________________ Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com

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