Let's have a phone conference Friday, July 27 at 7:00 p.m. to start the plan for intervention. If you cannot make this time please let me know beforehand.
Karen
1 (866) 501-6174
Conference Code: 1005700
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From: Stephen M. Walker [mailto:stephenwalkeresq@gmail.com] Sent: Monday, July 23, 2007 11:02 PM To: Grubb, Karen Cc: James Kotcon; Barbara Fallon; Jonathan Rosenbaum Subject: Re: two emails from National concerning Intervention
I'm available pretty much any time this week.
Steve
On 7/23/07, Grubb, Karen <kgrubb@fairmontstate.edu > wrote:
I am leaving this weekend and will be gone for a week. Who wants to have a phone conference this week to get started on the plan?
I spoke with David Herring last Friday and just sent that form, too. Below are the two emails from Erin Chalmers.
Karen
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From: Erin.Chalmers@sierraclub.org [mailto: Erin.Chalmers@sierraclub.org mailto:Erin.Chalmers@sierraclub.org ] Sent: Wed 6/27/2007 8:09 PM To: william.depaulo@gmail.com; pjgrunt@gmail.com; Grubb, Karen; jkotcon@wvu.edu Subject: Allegheny Transmission Line intervention
Hi Bill and all,
On behalf of the national Sierra Club, the WV chapter has authorization to intervene in the PSC hearing in the Allegheny transmission line case. It looks like a great issue and I'm glad the chapter is taking it on!
I think this case presents many opportunities and also some difficult issues. You all are obviously already working with other chapters and groups on the larger issue, but to the extent I can be of assistance in getting resources, please let me know. For instance, I may be able to find testimony from other PSC hearings that addresses the true costs of coal or potential rate savings from efficiency. In terms of issues, my concern on this case is mostly financial - as you well know, the chapter will have to decide how much it can put into the case and plan accordingly. Bill has generously offered to carry out this case on a reduced fee basis. My understanding from talking with Bill today is that he expects the chapter to make good faith efforts to raise funds to pay for part of his time but that there is no specific fee cap or arrangement. Because you are a chapter member, Bill, I'm sure you'll work closely with Karen and others to make sure they understand how much time you are putting in and how much payment you expect.
I bring this up just because I have seen similarly lax fee arrangements go awry in other cases, and I don't want any surprises for the chapter or for Bill down the road. So I strongly encourage Karen and the chapter to work very closely with Bill and to make sure he is comfortable with what the chapter is raising for funds for him. The new matter form I received noted that $5000 would be allotted to legal expenses - I don't believe this was expected to be a fee cap of any sort, but rather just an estimate of possible and reasonable costs that the chapter would fund as needed. Again, I expect that Karen and Bill, and others, will work out their expectations as to paying for Bill's time. An little work now in terms of figuring out your funding expectations is worth it to avoid big headaches later. I have seen big fights in chapters over fee issues and just want to make sure that doesn't happen here.
As another reminder, any settlement (which doesn't seem likely at this point) would require separate national authorization. Also, please keep me informed of any major developments in the case and feel free to ask if you have any questions I might be able to help with.
Best of luck and thanks for your hard work on this issue!
thanks, Erin
Erin Chalmers Environmental Law Fellow Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 phone (415) 977-5793 fax
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From: James Kotcon [mailto: jkotcon@wvu.edu mailto:jkotcon@wvu.edu ] Sent: Tue 6/26/2007 10:00 AM To: Grubb, Karen; Erin.Chalmers@sierraclub.org Cc: Fallon, Barbara; Paul Wilson; 'Dave Muhly'; Glen Besa; Peter.Martin@sierraclub.org; 'James Kotcon' Subject: RE: Allegheny Transmission line deadline - WVPSC Intervention
Thanks for the leads. We (I) have already contacted Synapse, as they worked with us on the Longview case. Unfortunately, they have already been retained by other state parties, and due to the potential conflict of interest, are unable to assist us. I will follow up with the other leads.
JBK
Erin.Chalmers@sierraclub.org 6/25/2007 8:49 PM >>>
Hi Jim, Karen and all,
Thanks for the detailed new matter form that Paul just sent. I wanted to get back to you with some potential financial and expert resources for this case.
First, it looks like the national law program is interested in contributing up to about $3000 toward the case. This case fits well with our ongoing energy work, so we'd love to support it. Also, you may have already tried, but if not, it might be worth your while to ask the Club's national Global Warming and Smart Energy Committee - Joan Saxe is chair. I have no idea if they have money, but they might have either money or interest in helping in other ways (finding other resources, helping with
media, etc). Ditto with the Sustainable Planet Strategy Team. I'll also alert our media dept that this is happening, and they might be able to offer some assistance as well in the form of advising, writing press releases or looking over ones you have.
Second, I have a couple potential leads for expert witness/analysis help.
1) Synapse Energy Consultants. We have used them before in other cases, including in Florida. We have worked with David Schlissel (tell him Kristin Henry referred you) before, who was very good. Their website is: http://www.synapse-energy.com/aboutus/
2) ACEEE: http://www.aceee.org/ We don't have a specific contact there, but they may be able to help
3) HP Energy Associates, in Massachusetts - Hale Powell is the contact, who we have worked with before. hpenergy@aol.com 978-392-8442
Folks in our office also recommended that you might be able to get more bang for your buck if you were able to partner with a local university who could then work with one or more of the experts. The hired expert could
do some big picture research and could potentially assign some discrete tasks to university researchers, thus stretching your money as well as getting more local buy-in and support.
Lastly, I attached a memo one of our interns recently compiled - it lists existing research and papers addressing costs and other issues of demand-side management and energy efficiency. Some of those reports could be helpful.
thanks, and I'll work with Jim DePaulo to get national authorization in time for him to file on the chapter's behalf,
Erin
(this is a report mentioned in the other attachment that can't be easily found online)
Erin Chalmers Environmental Law Fellow Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 phone (415) 977-5793 fax