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)
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William V. DePaulo, Esq.
179 Summers Street, Suite 232
Charleston, WV 25301-2163
Tel: 304-342-5588
Fax: 304-342-5505
william.depaulo@gmail.comwww.passeggiata.com