EC September 2007

ec@lists.wvsierraclub.org

13 participants
50 discussions

intervention meeting number 2
by Grubb, Karen 19 Sep '07

19 Sep '07

Barbara has graciously offered her home for a second meeting on the PSC Intervention at 4:00 Sunday, September 23. We will be discussing the plan and expert witnesses. Bring your snack and/or beverage of choice. Can someone please tell me where to find the document that Paul had which gave the outline for making a campaign plan. He said it is on the clubhouse, but I don't know where to look. Barbara and I signed the fundraising letter today and it will be mailed as soon as it is copied and stuffed. Great work everyone! Karen

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TRAIL - PSC STATUS HEARING FRIDAY, SEPT 14, 2007
by William V. DePaulo, Esq. 18 Sep '07

18 Sep '07

The parties at the PSC hearing Friday agreed to the following procedural schedule subject to PSC approval, which is expected. 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 propounding 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* * 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. ** Initial briefs and proposed findings/conclusions - March 10, 2008 Reply briefs - March 21, 2008 In general, TrAILCo has agreed to shorten the time for its responses to discovery 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 has reserved the right to assert that the sheer quantity of requests or other circumstances preclude this accelerated response protocol, as under standard Commission Rule. TrAILCo has already responded to discovery from the Staff and the WVEUG and expect thats TrAILCo, rather than the other parties, will be the principal server of discovery in the week ending December 7, 2007 Obviously, there is a premium on getting discovery out first. In that regard, however, we need to know what, if any, additional information any expert we retain may need. The expert's testimony will need to be filed by December 5. The status hearing set for November 1 is intended, in part, to deal with any pending discovery disputes, again reinforcing the idea of propounding discovery earlier rather than later. I will begin drafting a data request aimed at a range of financial and environmental issues and will forward it for suggestions. Bill 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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Re: [EC] ...no new towers .........
by Barbara Fallon 17 Sep '07

17 Sep '07

Yes, I had considered this point (windpower). How about "WV is Ours,, STOP Allegheny Towers." ----- Original Message ---- From: Beth Little <blittle(a)citynet.net> To: Barbara Fallon <brbr_fallon(a)yahoo.com>; "Grubb, Karen" <kgrubb(a)fairmontstate.edu>; EC(a)osenergy.org Sent: Friday, September 14, 2007 6:47:24 PM Subject: RE: [EC] ...no new towers ......... Folks in my area would probably think it was referring to wind towers. -----Original Message----- From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org]On Behalf Of Barbara Fallon Sent: Thursday, September 13, 2007 2:58 PM To: Grubb, Karen; EC(a)osenergy.org Subject: Re: [EC] ...no new towers ......... I think we need to keep it simple "WV is Ours, No new towers." In fact I think we need to get bumper stickers made with this slogan and send it out to those who respond to our fundraising letter. B ----- Original Message ---- From: "Grubb, Karen" <kgrubb(a)fairmontstate.edu> To: EC(a)osenergy.org Sent: Thursday, September 13, 2007 1:31:47 PM Subject: Re: [EC] ...no new towers ......... I prefer keeping “WV is ours, no new towers at the end”, but the beginning can be altered to clarify its meaning, such as “Stop Alleheny’s TrAIL from gouging the ratepayers” or “Stop Allegheny Power from gouging the ratepayers.” We could use the rhyme between power, towers and ours somehow. From: ec-bounces(a)osenergy.org [mailto: ec-bounces(a)osenergy.org ] On Behalf Of duane330(a)aol.com Sent: Thursday, September 13, 2007 10:49 AM To: ec(a)osenergy.org Subject: [EC] ...no new towers ......... "Stop Allegheny from Gouging the Ratepayers. WV is Ours, No New Towers" This is good. However, since there are a number of companies with Allegheny in the title, including Allegheny Wood Products with whom we are now working, so could we use the word TrAIL instead of Allegheny................ Might we consider the following modification.... "No New TrAIL Towers , WV Is Ours, Stop Ratepayer Gouging" Need a vacation? Get great deals to amazing places on Yahoo! Travel. ____________________________________________________________________________________ Catch up on fall's hot new shows on Yahoo! TV. Watch previews, get listings, and more! http://tv.yahoo.com/collections/3658

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FW: More Information on PATH
by Grubb, Karen 17 Sep '07

17 Sep '07

________________________________ From: MJLippe(a)aol.com [mailto:MJLippe@aol.com] Sent: Monday, September 17, 2007 9:22 AM To: Grubb, Karen Subject: More Information on PATH Karen, Here is some additional information. Michael http://caponvalleycoalition.com/2007/08/23/path-the-other-trail-ep-and-a llegheny-formalize-joint-venture-to-build-transmission-line/ ________________________________ Michael, Yes PATH is the other southern line I was referring to. But since, as the attached email says, this line will go to New Jersey, it could go through Jefferson County. I believe the electric lines are up to the PSC, although if the local commission and your representatives in Charleston come out against it, that could carry some weight with PSC. Unfortunately, our governor mostly seems to favor the lines since that means WV will sell more coal. If NIETC if approved by Congress, what the states say may not matter, as the federal government would have the power of eminent domain. NIETC includes the whole top half of WV, and states north and east of it. This federal designation is what has given Allegheny and American Electric the impetus to propose these power lines. Karen: I think you are correct, the Allegheny TrAIL project was at first proposed as indicated, but has since been changed to the current more southern route. The other project to watch is the joint AE-AEP 765-kv line (PATH) from the John Amos plant near Charleston to somewhere in New Jersey. If TrAIL is approved, I suspect that PATH will be next. Furthermore, if the NIETC is approved, Jefferson County could easily be in the route for this or other lines. Hence, stopping TrAIL is important, even if this particular line is not in your back yard. JBK ________________________________ Dear Karen, I had first thought so myself, but now think that there must be two separate lines, TRAIL and PATH, so I googled Bedington, which is the electric substation near us mentioned in the 2006 Allegheny Power letter and found the following, http://www.alleghenyenergy.com/Newsroom/NewsReleases/2007/PJM_Bd_Approva l_0607.pdf, I am going to try and follow up this week to see where this stands with the local county planning commission. Do they have any jurisdiction over this, to your knowledge, or would it all be up to the WV Public Service Commission? You mentioned an NIETC. Do you know if this includes Jefferson and Berkeley Counties, I assume it does, and whether it includes anything that Allegheny wants to do anywhere in it? Thank you! Michael Lippe In a message dated 9/16/2007 7:25:06 P.M. Eastern Daylight Time, kgrubb(a)fairmontstate.edu writes: Dear Mr. Lippe, In looking at your attachment, I see it is dated March 6, 2006. I believe that the proposed route has been changed to the more southern route and no longer is planned to go through part of Maryland and Jefferson County. I have also heard that Allegheny Power is avoiding all federal lands along the route. http://www.marstellerclientarea.com/Trail_Map/TRAIL_Map_animation.html I will consult with our Energy Committee to see if they have more information I can give you. The actual eastern NIETC covers at least 2/3 of WV (Mid-Atlantic Area National Corridor includes counties in Ohio, West Virginia, Pennsylvania, New York, Maryland, Virginia, and all of New Jersey, Delaware, and the District of Columbia.). The Allegheny TrAIL is the actual proposed route of one transmission line, with another being proposed much farther south in WV by American Electric Power. http://www.oe.energy.gov/DocumentsandMedia/4.26.07_National_Corridors.pd f The WV Sierra Club is fighting all additional power lines, regardless of where they are placed. We welcome your help and involvement. We are currently conducting a funding drive to collect money to pay for expert witness testimony for our intervention against Allegheny Power with the WV Public Service Commission. Karen Grubb WV Sierra Conservation Chair ________________________________ From: MJLippe(a)aol.com [mailto:MJLippe@aol.com] Sent: Saturday, September 15, 2007 10:02 PM To: Grubb, Karen Subject: Allegheny Power Transmission Lines Dear Ms. Grubb, There was a recent article in the Shepherdstown Chronicle about an Allegheny Power request for designation of a National Interest Electric Transmission Corridor to go through the Eastern Panhandle and Jefferson County, apparently quite near to where we live. Looking at the rough map on the proposal, which I downloaded at http://www.oe.energy.gov/DocumentsandMedia/allegheny.pdf, it appears that the corridor might go through the nearby National Conservation Training Center (where there is a pair of nesting bald eagles) and then cross the Potomac very near if not through Antietem National Battlefield Park. When I started to look this up, I quickly came to your site and the battle concerning the transmission lines being planned, apparently along another route, further to the South. I am assuming that the two corridors are not related, at least geographically, but am not sure and am wondering whether the Sierra Club has looked into the issues concerning the Eastern Panhandle corridor. Thank you for any light you can shed on this and any assistance you can provide in directing me in the right direction to try and find out more about all of this. Perhaps needless to say, we are quite worried about the implications of this proposal. Best regards, Michael Lippe

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FW: Allegheny Power Transmission Lines
by Grubb, Karen 17 Sep '07

17 Sep '07

Intervention Subcommittee, Please let me know if my reply to Michael Lippe below was correct, or if you know of any additional information I can send him. Thanks, Karen ________________________________ From: Grubb, Karen Sent: Sunday, September 16, 2007 7:25 PM To: 'MJLippe(a)aol.com' Subject: Re: Allegheny Power Transmission Lines Dear Mr. Lippe, In looking at your attachment, I see it is dated March 6, 2006. I believe that the proposed route has been changed to the more southern route and no longer is planned to go through part of Maryland and Jefferson County. I have also heard that Allegheny Power is avoiding all federal lands along the route. http://www.marstellerclientarea.com/Trail_Map/TRAIL_Map_animation.html I will consult with our Energy Committee to see if they have more information I can give you. The actual eastern NIETC covers at least 2/3 of WV (Mid-Atlantic Area National Corridor includes counties in Ohio, West Virginia, Pennsylvania, New York, Maryland, Virginia, and all of New Jersey, Delaware, and the District of Columbia.). The Allegheny TrAIL is the actual proposed route of one transmission line, with another being proposed much farther south in WV by American Electric Power http://www.oe.energy.gov/DocumentsandMedia/4.26.07_National_Corridors.pd f The WV Sierra Club is fighting all additional power lines, regardless of where they are placed. We welcome your help and involvement. We are currently conducting a funding drive to collect money to pay for expert witness testimony for our intervention against Allegheny Power with the WV Public Service Commission. Karen Grubb WV Sierra Conservation Chair ________________________________ From: MJLippe(a)aol.com [mailto:MJLippe@aol.com] Sent: Saturday, September 15, 2007 10:02 PM To: Grubb, Karen Subject: Allegheny Power Transmission Lines Dear Ms. Grubb, There was a recent article in the Shepherdstown Chronicle about an Allegheny Power request for designation of a National Interest Electric Transmission Corridor to go through the Eastern Panhandle and Jefferson County, apparently quite near to where we live. Looking at the rough map on the proposal, which I downloaded at http://www.oe.energy.gov/DocumentsandMedia/allegheny.pdf, it appears that the corridor might go through the nearby National Conservation Training Center (where there is a pair of nesting bald eagles) and then cross the Potomac very near if not through Antietem National Battlefield Park. When I started to look this up, I quickly came to your site and the battle concerning the transmission lines being planned, apparently along another route, further to the South. I am assuming that the two corridors are not related, at least geographically, but am not sure and am wondering whether the Sierra Club has looked into the issues concerning the Eastern Panhandle corridor. Thank you for any light you can shed on this and any assistance you can provide in directing me in the right direction to try and find out more about all of this. Perhaps needless to say, we are quite worried about the implications of this proposal. Best regards, Michael Lippe

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Re: [EC] ...no new towers .........
by Barbara Fallon 14 Sep '07

14 Sep '07

I think we need to keep it simple "WV is Ours, No new towers." In fact I think we need to get bumper stickers made with this slogan and send it out to those who respond to our fundraising letter. B ----- Original Message ---- From: "Grubb, Karen" <kgrubb(a)fairmontstate.edu> To: EC(a)osenergy.org Sent: Thursday, September 13, 2007 1:31:47 PM Subject: Re: [EC] ...no new towers ......... I prefer keeping “WV is ours, no new towers at the end”, but the beginning can be altered to clarify its meaning, such as “Stop Alleheny’s TrAIL from gouging the ratepayers” or “Stop Allegheny Power from gouging the ratepayers.” We could use the rhyme between power, towers and ours somehow. From: ec-bounces(a)osenergy.org [mailto: ec-bounces(a)osenergy.org ] On Behalf Of duane330(a)aol.com Sent: Thursday, September 13, 2007 10:49 AM To: ec(a)osenergy.org Subject: [EC] ...no new towers ......... "Stop Allegheny from Gouging the Ratepayers. WV is Ours, No New Towers" This is good. However, since there are a number of companies with Allegheny in the title, including Allegheny Wood Products with whom we are now working, so could we use the word TrAIL instead of Allegheny................ Might we consider the following modification.... "No New TrAIL Towers , WV Is Ours, Stop Ratepayer Gouging" ____________________________________________________________________________________ Building a website is a piece of cake. Yahoo! Small Business gives you all the tools to get online. http://smallbusiness.yahoo.com/webhosting

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Fw: Governor Rendell: Enhancing National Security through Energy Independence
by Allan Tweddle 14 Sep '07

14 Sep '07

Jeff I presume that you get the Governor of Pennsylvania's regular newsletter. It is interesting to note that as a coal mining State, his emphasis is on jobs from renewable energy...and no mention of CTL. He claims to have developed 1500 jobs already and anticipates 35,000 jobs in renewable energy industries. And his emphasis is on Energy Independence. There is also a bit of a sleeper out there in the shale oil of Utah, Colorado and other sites. There are those stating that the real stealth energy strategy of the US Government, as expressed in the current energy bill before Congress and the one passed in 2005, is empowering companies to begin serious drilling to extract oil from these Western oil shale deposits. The sites are almost all public lands. The estimates are that the reserves there are the largest deposits of crude in the world...and while there has been a hold placed upon these deposits since the late 30's, they are now being developed rather quietly by the Bush Administration as a hedge against energy security threats. The current estimates is that the oil there can be recovered for anywhere from $25 to $45 per barrel. I am sure that you would agree that we must take this into consideration as we develop our energy plan. Allan ----- Original Message ----- From: PA Governor's Newsletter<mailto:ra-govnews@state.pa.us> To: allantweddle(a)msn.com<mailto:allantweddle@msn.com> Sent: Friday, September 14, 2007 4:54 PM Subject: Governor Rendell: Enhancing National Security through Energy Independence September 7, 2007 Governor's Homepage<http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=KkvT…> | Contact the Governor<http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=vij5…> In The News: More than $1 Million given to protect, enhance PA's Coastal Zones, Shorelines <http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=64sO…> PCCD Awards Grant to Assess Needs of Latino Juveniles in 7 Counties<http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=Ur3X…> Health Department Survey shows impact of Income, Gender, other Factors on Health and Access to Health Care <http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=xBfO…> Email to a Friend Would you like to send this email to a friend? Enter their email address here: Click here for a large text version of this newsletter<http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=51Nf…>. Enhancing National Security Through Energy Independence After five years at war in Iraq, most experts are asking if our national interests can be protected given the level of our nation's dependence on oil from the Persian Gulf. In fact, last week, former CIA Director James Woolsey said America’s growing dependence on foreign oil is one of the greatest threats to the nation’s security and economy. His views are echoed by many of our nation's most trusted former military and political leaders. To say that the oil producing nations have us “over a barrel” is an understatement. To get out of this precarious situation, federal and state governments must pass legislation and appropriate resources to accelerate the production of domestic sources of renewable energy and fuels. To this end, I’ve called a special session of the General Assembly on energy independence, which begins Sept. 17th. This special session will address my Energy Independence Strategy<http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=L/gY…> as well as debate other proposals that achieve similar ends. My strategy will reduce the nation's dependence on foreign fuels and save consumers $10 billion in energy costs over the next decade by dramatically increasing Pennsylvania’s alternative and renewable energy production capacity. Instead of Pennsylvanians sending $30 billion each year to the Persian Gulf to buy oil, we can invest that money in Pennsylvania by paying our farmers for the crops that produce ethanol and biodiesel. My PennSecurity Fuels program will require 1 billion gallons of biofuels to be produced and consumed within Pennsylvania by 2017. This proposal puts Pennsylvanians to work and makes our nation safer. In addition to decreasing our reliance on foreign fuels, our state's energy infrastructure needs to become more efficient and diversify in order to ensure that electricity is affordable for our residents and our industries. Already, some Pennsylvanians have suffered the sticker shock caused by the expiration of caps on electricity rates. Over the next three years more Pennsylvanians will see their rates increase as these caps expire. My strategy can soften the impact of the cap expiration by investing $850 million in solar and wind energy production as well as in conservation improvements in the electricity distribution systems. My proposal rewards consumers who purchase energy-efficient appliances and those who decrease energy usage in their homes. My Energy Independence Fund will attract new companies to Pennsylvania and help grow those already here in the alternative energy sector in our state. And, it will mean our consumers save money on their electricity bills. I believe it is urgent that the members of the General Assembly debate and pass a sound energy package that: (1) increases our national security by addressing our reliance on foreign oil; (2) invests funds to ensure Pennsylvania has the best alternative energy and conservation companies; and (3) rewards consumers who conserve energy. By adopting a strategic approach, Pennsylvania can declare its energy independence in a way that creates new economic opportunity for our state while also strengthening national security. Sincerely, To find out where the Governor is going to be next, check his Public Schedule<http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=eMvd…>! Governor Rendell's Office, 225 Main Capitol Building, Harrisburg, PA, 17120 Photos courtesy of Commonwealth Media Services. If you are having problems viewing this message, click below http://t.lt05.net/html.asp?email=allantweddle%40msn.com&msgID=795758<http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=xGYx…> Was this message forwarded to you? Sign up<http://www.virtualtours.state.pa.us/newsletter/listrak/remote.html?ltk=5mcG…> if you received this email from a friend and would like to add yourself to Governor Rendell's mailing list. Unsubscribe You have received this email because you subscribed to Governor Rendell's Newsletter. If you no longer wish to receive these emails, please unsubscribe<http://www.virtualtours.state.pa.us/newsletter/listrak/remotehtml?ltk=G0RbH…>. TM & © 2007 Commonwealth of Pennsylvania. All rights reserved.

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Re: [EC] Please read over one more time..
by Grubb, Karen 14 Sep '07

14 Sep '07

The Times WV reported yesterday that an alternate route has been proposed: The alternate path, called the Grafton Area Route, follows the proposed route to the southern part of Monongalia County and parallels the existing transline that goes to a substation in Pruntytown, he said. It runs through Marion, Taylor and Preston counties and then continues on the proposed route. "I'm against that power line and the destruction of so much of our pristine countryside," Marion County Commissioner Randy Elliot said. "The new plan needs to go into (review) to have less of a negative impact. West Virginia will not benefit from the power from these lines. http://www.timeswv.com/archivesearch/local_story_255230907.html Is it worth changing the letter and sending it to the additional counties? ________________________________ From: Barbara Fallon [mailto:brbr_fallon@yahoo.com] Sent: Friday, September 14, 2007 12:40 PM To: Grubb, Karen; William DePaulo Esq Subject: Please read over one more time.. Karen, I need your signature today.. Bill, I hope all has gone well at the PSC today...

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Sierra meeting tonight
by Barbara Fallon 13 Sep '07

13 Sep '07

I am going to be at the Sierra Club meeting tonight by 6:30. If anyone wants to join me for energy discussions I will be there. ____________________________________________________________________________________ Fussy? Opinionated? Impossible to please? Perfect. Join Yahoo!'s user panel and lay it on us. http://surveylink.yahoo.com/gmrs/yahoo_panel_invite.asp?a=7

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Re: [EC] Status Hearing on Friday, Sept 14
by Grubb, Karen 13 Sep '07

13 Sep '07

I agree with you. Many people may not immediately know what grid greed is. -----Original Message----- From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of James Kotcon Sent: Thursday, September 13, 2007 8:28 AM To: Duane330(a)aol.com; ec(a)osenergy.org Subject: Re: [EC] Status Hearing on Friday, Sept 14 I second Duane's motion. The initial impetus for this delay in scheduling was the letter from people in the Halleck Road group, and it appears to be independently supported by others. The extension for reply briefs is also warranted, as it takes time to read through the arguments from each side. I also offer a new "sound bite" for our message. We had originally agreed upon the slogan "Stop Grid Greed. WV is Ours, No New Towers" I propose to make the opening line more blunt. "Grid Greed" is cute, but it is not as clear as it could be, and it sounds like name calling, and therefore is easy to dismiss. I think our message should emphasize the phrase "Gouging the Ratepayers". The Dominion Post editorialized on this yesterday, and it is clear that the rules established by Congress in the 2005 Energy Policy Act were a blatant handout to the electric companies by locking in guaranteed profits at the expense of the ratepayers. It is an argument for which Allegheny has no defense, and it squarely confronts the issue to be faced by the PSC. Protecting the ratepayers may be the only argument that can successfully challenge the "reliability" issue. I want the Commissioners, Legislators, and the Governor to think "Gouging the Ratepayers" every time they hear Allegheny speak Hence I propose to modify the slogan to read: "Stop Allegheny from Gouging the Ratepayers. WV is Ours, No New Towers" Whaddya Tink? JBK >>> <duane330(a)aol.com> 9/12/2007 2:55 PM >>> To:? Energy Committee. I have just reviewed the proposed Schedule of the Staff of the PSC, dated September 11th.? This is to be reviewed and acted upon this Friday. Two major comments, that I put into a motion for our Energy Committee, to be acted upon by Bill DePaulo: 1.? We support the addition of 35 days to the original proposed schedule, to provide that the Evidentiary Hearings in Charleston take place after the holiday months of November and December of 2008, the new dates becoming January 9th thru January 18th. 2.? We take exception to the proposal that Reply Briefs be due on February 26, 2008, just 11 days after the due date of February 15th for the Initial Briefs.? We believe that an additional 6 days is appropriate for the due date of the Reply Briefs, as this is an extremely complex and extensive case, and because for the most part the intervenors are relying upon volunteer or part-time assistance in their legal preparations.? This would still leave 60 days for the PSC to render their decision. Respectfully submitted,?? Duane Nichols

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EC September 2007