EC August 2008

ec@lists.wvsierraclub.org

12 participants
60 discussions

TRAILCO - Sierra Club Petition for Reconsideration of August 1 PSC Decision
by William V. DePaulo, Esq. 06 Aug '08

06 Aug '08

Aaron Last Friday, August 1, the PSC issued a decision granting Allegheny Energy's TrAILCo subsidiary the authority to build the 165 mi electric transmission line from PA, across 114 miles of WV, to the western side of Va. It's a $1 billion project intended, by TrAILCo's own testimony, to provide the infrastructure for four new IGCC coal-fired electric generation plants. The Sierra Club intervened, participated in the ten-day marathon hearing, and along with a number of others thought we actually may have defeated this thing back in January. Importantly, the PSC staff filed a comprehensive brief against approval after the close of evidence. However, after the close of the evidence, TrAILCo embarked on an extensive course of communications -- ex parte in our view, simply negotiations in theirs -- which resulted in the PSC staff attorney reversing their prior position and supporting the proposed line. We obtained nearly 2000 documents under the FOIA relating to the closed-door meetings, and another 1100 from the Governor's office whom many suspected was orchestrating things off stage. In short, by the time the Aug 1 decision came down, we were no longer surprised to see TrAILCo prevail. Under PSC rules, TrAILCo can begin eminent domain proceedings the moment the decision becomes final. PSC rules provide that the decision is not final if a party files a petition for reconsideration within ten days. I filed a quickly drawn petition for reconsideration yesterday - see copy attached. I could fwd the PSC decision also, but it's 183 pages long and a 13 MB file. Let me know if you'd like to see it. It takes about 20 minutes to download from the PSC site. An appeal goes to the WV Supreme Court and must be filed 30 days after the order becomes final. It will now become final 30 days after the PSC rules on the petition for reconsideration. I plan to prepare an appeal. I was not under the impression that a new matter form was required for an appeal, but some folks suggested I check with you. We'd also probably want to pursue the two FOIA requests in court as both the PSC (with a Vaughn index) and the Governor's office (without a Vaughn index) withheld many documents. I could do the FOIA requests on the basis of whatever fees are awarded by the court, if any. Do we need a new matter sheet for any or all of this? Thanks. Bill (and congrats on the victory in Virginia. Great, great work) -- 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 -- 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

1 0

Sierra Club Petition for Reconsideration filed today - August 5, 2008
by William V. DePaulo, Esq. 05 Aug '08

05 Aug '08

I have attached a Petition for Reconsideraton filed today with the PSC. Under PSC rules, TrAILCo can commence eminent domain proceedings as soon as the August 1 order is final, i.e., within 30 days (the time set for an appeal to the WV Supreme Court. Rule 19.3 allows a party to seek reconsideration within 10 days of issuance of an order, i.e., August 11 here. By filing the petition for reconsideration within the ten day deadline, we extend the time for appeal to 30 days after the decison on the petition for reconsideration. The additional time will be critical to putting together a brief that addresses the 3000 page transcript and the nearly 3000 pages of FOIA documents. The attached document has been filed and served, and can be released to any one who wants it. 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

1 0

ExCom meeting at Shot Cherry info
by Jim Sconyers 05 Aug '08

05 Aug '08

Our next WVSC ExCom meeting is August 22 - 24 at Shot Cherry Cabin in the Mon National Forest. It is near Riverton and Spruce Knob. Information about the cabin, amenities, meals, and a rough schedule is attached. An agenda call will be made soon. Note that the cabin has no electricity - so, among other things, no charging of laptop batteries. Paul - could you post the info on the website, please? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

1 0

The Energy Pander Bears
by Jim Sconyers 04 Aug '08

04 Aug '08

Meet the Energy Pander Bears! There's silly Georgie Pander Bear - drill in the coastal waters - it'll solve the gas problem! There's old Johnny Pander Bear - don't inflate your tires properly - but do hug a radionuclide! And there's little Barry Pander Bear - tap the oil reserve like it was a honey tree - make everyone happy! No more fantastical than Goldilocks, the Three Little Pigs, ... But we knew those stories were fairy tales! Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

1 0

Fwd: who needs power lines...
by James Kotcon 04 Aug '08

04 Aug '08

>>> "Vivian Stockman" <vivian(a)ohvec.org> 8/4/2008 7:25 AM >>> Within 10 years, homeowners could power their homes in daylight with solar photovoltaic cells, while using excess solar energy to produce hydrogen and oxygen from water to power a household fuel cell. If the new process developed at the Massachusetts Institute of Technology finds acceptance in the marketplace, electricity-by-wire from a central source could be a thing of the past. more http://www.ens-newswire.com/ens/aug2008/2008-08-02-01.asp

1 0

Sierra Press Release
by William V. DePaulo, Esq. 02 Aug '08

02 Aug '08

Here is the release issued last night to Ken Ward at the Gazette -- 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

1 0

Fw: A washingtonpost.com cartoon link from: jim_scon@yahoo.com
by Jim Sconyers 01 Aug '08

01 Aug '08

1 0

Re: [EC] PSC DECISION ON TRAILCO DUE
by Jim Sconyers 01 Aug '08

01 Aug '08

attached with some notes in bold Also - I guess it's OK to say we're appealing this to the Supreme Court - but to do so will require approvals from WV ExCom and, maybe, national SC. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> To: James Kotcon <jkotcon(a)wvu.edu> Cc: Duane Nichols <Duane330(a)aol.com>; WV Chapter Energy Committee <EC(a)osenergy.org>; Jim Sconyers <jim_scon(a)yahoo.com> Sent: Friday, August 1, 2008 12:23:40 PM Subject: Re: PSC DECISION ON TRAILCO DUE Ken Ward sent an email asking if we would have comments -- assuming the PSC acts today. I have drafted a press release which is attached. Please respond with any comments promptly. Bill On Fri, Aug 1, 2008 at 9:03 AM, James Kotcon <jkotcon(a)wvu.edu> wrote: I concur. I will bet a six-pack of your favorite legal beverage that Mile Layton of the Dominion Post will call me before I even have a chance to read the decision. Would this be a good time to focus attention once again on the PSC Staff flip-flop? I think it is fair to point out that the Commissioners rely on accurate and objective input from their Staff, and Melton's testimony that the line is not needed till 2014, and that they were influenced by the economic "goodies" offered by Allegheny in determining "need" is clearly inappropriate, both legally and scientifically. (Need to work on that sound bite). JBK >>> "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> 8/1/2008 3:22 AM >>> Technically the PSC is not required to decide TrAILCo until Aug 2, Saturday. But the *probability is that they will issue a decision today in TrAILCo's favor* -- there's no reason to ruin a weekend with a formality that can be dispensed with on Friday. It is very likely we will get calls from some *media*. Assuming the decision is to approve TrAILCo's application -- and I expect nothing else -- I believe we should express *disappointment with the PSC decision, without questioning their good faith*, and indicate that *we will in all probability will appeal *to the WV Supreme Court. And we will continue our fight to stop other unnecessary and environmentally degrading transmission lines in the future, i.e. PATH from AEP in the fal. I also be strongly that we should *avoid anything that could be viewed as personal attacks *on the intelligence or character of PSC Commissioners McKinney and Staats, whom we will appear in front of for many years. There is plenty on the merits to criticize here. We should* focus on the big themes* -- 1. the *temporary, short term character of the purported benefits* and 2. the *permanence of the long term environmental costs*, both physically on the ground in West Virginia and world-wide in terms of global warming. 3. * the alternative energy solutions -- the low hanging fruit of conservation, wind and solar -- simply waiting to be picked*. 4. the risks of *failing to divesify *West Virginia's energy base away a 97% dependence on coal at a time when coal is about to be hit with massive cost increases, increases that W. Va. consumers and businesses will have no way to avoid. In short, let's use this exercise as an opportunity for education. 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 -- 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

4 3

PSC DECISION ON TRAILCO DUE
by William V. DePaulo, Esq. 01 Aug '08

01 Aug '08

Technically the PSC is not required to decide TrAILCo until Aug 2, Saturday. But the *probability is that they will issue a decision today in TrAILCo's favor* -- there's no reason to ruin a weekend with a formality that can be dispensed with on Friday. It is very likely we will get calls from some *media*. Assuming the decision is to approve TrAILCo's application -- and I expect nothing else -- I believe we should express *disappointment with the PSC decision, without questioning their good faith*, and indicate that *we will in all probability will appeal *to the WV Supreme Court. And we will continue our fight to stop other unnecessary and environmentally degrading transmission lines in the future, i.e. PATH from AEP in the fal. I also be strongly that we should *avoid anything that could be viewed as personal attacks *on the intelligence or character of PSC Commissioners McKinney and Staats, whom we will appear in front of for many years. There is plenty on the merits to criticize here. We should* focus on the big themes* -- 1. the *temporary, short term character of the purported benefits* and 2. the *permanence of the long term environmental costs*, both physically on the ground in West Virginia and world-wide in terms of global warming. 3. * the alternative energy solutions -- the low hanging fruit of conservation, wind and solar -- simply waiting to be picked*. 4. the risks of *failing to divesify *West Virginia's energy base away a 97% dependence on coal at a time when coal is about to be hit with massive cost increases, increases that W. Va. consumers and businesses will have no way to avoid. In short, let's use this exercise as an opportunity for education. 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

2 3

Fwd: Final WVNS usage report for Report: West Virginia Drivers Spend Higher Percentage
by Paul Wilson 31 Jul '08

31 Jul '08

pretty good coverage on this WVNS story, paul ---------- Forwarded message ---------- From: Public News Service <wvns(a)publicnewsservice.org> Date: Mon, Jul 28, 2008 at 4:23 PM Subject: Final WVNS usage report for Report: West Virginia Drivers Spend Higher Percentage To: pjgrunt(a)gmail.com Dear West Virginia News Service supporters, Attached is the usage report for a story related to Global Warming/Air Quality that was aired on 7/24/2008. As you will see from the attached report, the story entitled Report: West Virginia Drivers Spend Higher Percentage of Income on Gas was aired by at least 764 stations. Plus 29 stations took both soundbites and ran at least two versions of the story. Additionally, the RSS story text or audio was accessed 4 times. These numbers are conservative since we know stories are commonly run 3-4 times on each station during the course of a day As always, keep sending story ideas to our producer: Rob Ferrett WVNS Executive Producer Toll Free: 800-317-6705 Local: 800-317-6705 Fax: 540.301.0801 wvns(a)publicnewsservice.org The banner or story summary for this story is: Charleston, WV – West Virginians are listed as some of the most vulnerable in the country when it comes to high gas prices, according to a new report from the Natural Resources Defense Council. The study looked at percentage of income spent on fuel, as well as state policies to encourage better gas mileage for cars and trucks. Comments from Deron Lovaas (darin LOH-voss), transportation security director with NRDC. --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org and put the word "remove" in the subject line. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-6975

1 0

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

EC August 2008