THE EVIDENCE IS IN THE FACT THAT THEY ENGAGED IN THE POST HEARING LOBBYING AT PSC. HAVE MOVED ONE SENTENCE TO SHOW MORE CLEARLY. SEE ATTACHED.

On Fri, Aug 1, 2008 at 1:33 PM, Jim Sconyers <jim_scon@yahoo.com> wrote:

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@yahoo.com
603.969.6712

Remember: Mother Nature bats last.

----- Original Message ----
From: "William V. DePaulo, Esq." <william.depaulo@gmail.com>
To: James Kotcon <jkotcon@wvu.edu>
Cc: Duane Nichols <Duane330@aol.com>; WV Chapter Energy Committee <EC@osenergy.org>; Jim Sconyers <jim_scon@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@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@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@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@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@gmail.com
www.passeggiata.com