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An Extraordinary Motion Prompted by Extraordinary Circumstances Dear Donna,

With _demand dropping_ (http://citizen-networks.org/ct/qd_mD8Y19uF_/) , the SCC should have to take another look. When the State Corporation Commission decided to approve the 500 kV transmission line project, it relied on PJM's forecasts regarding future electricity use. Turns out PJM's forecasts were way off the mark. Demand for electricity dropped this year, and according to PJM, it's going to drop further. We've filed _a motion with the Virginia Supreme Court_ (http://citizen-networks.org/ct/q7_mD8Y19uFA/) asking them to vacate the State Corporation Commission's approval and send the case back for further review. Electricity Demand is Down Demand for electricity was down this past summer --PJM's 2008 unrestricted _peak was down_ (http://citizen-networks.org/ct/a1_mD8Y19uFN/) over 10,000 megawatts from 2007. PJM expects further declines this coming summer. For reference, the average coal plant generates 600 MW and the average 500 kV transmission line carries 3,000 MW.

In light of this precipitous drop in demand, the State Corporation Commission has more time to properly evaluate both need and alternatives. In their decision this past fall, the SCC Commissioners discounted alternatives presented by respondents like PEC, Fauquier County and Virginia's Commitment. The Judges ruled that the alternatives we presented were not certain to be in place in time to avoid potential overloads in 2011. Now that demand is dropping, that 2011 time frame should no longer constrain the Commission's decision making process.

With Falling Demand, the SCC Should Take Another Look Our _VA Supreme Court Motion_ (http://citizen-networks.org/ct/q7_mD8Y19uFA/) was filed by Richmond attorney Patrick McSweeney. Here's a short excerpt from the introduction:

"This is an extraordinary motion prompted by extraordinary circumstances. The facts and assumptions upon which the State Corporation Commission predicated its decision to approve the construction of the [transmission line] have changed dramatically since the Commission entered its October 7, 2008 order, from which the appeal is taken. The drastic decline in the national economy and the economy of the relevant multi-state region has significantly affected the demand for electricity in the area to be served by the transmission line at issue. There is no present of near-term need for the new transmission line if the reduced level of demand for electricity that is now projected by disinterested expert sources and the expert on whom the applicants relied is substantially accurate."

West Virginia Case Still Open, Pennsylvania Group Files Appeal While we continue the fight in Virginia, other citizens and groups are pushing for a better result in Pennsylvania and West Virginia. In PA, the _Energy Conservation Coalition_ (http://citizen-networks.org/ct/qp_mD8Y19uFM/) has filed an extensive and compelling appeal. In West Virginia, a number of PSC conditions have not been met by TrAILCo, and no final order has been granted.

In the meantime, we're working on our grounds for appeal and expect to file "assignments of error" with the Virginia Supreme Court shortly.

Very best,

Bri West Piedmont Environmental Council _bwest@pecva.bwe_ (mailto:bwest@pecva.org)