FYI. What is our status?

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From: MJLippe@aol.com [mailto:MJLippe@aol.com] Sent: Sunday, May 04, 2008 10:05 PM To: Grubb, Karen Cc: mdavis@hsc.wvu.edu; brbr_fallon@yahoo.com; jkotcon@wvu.edu; pjgrunt@lycos.com; william.depaulo@gmail.com Subject: Re: Allegheny Power Transmission Lines

Hi Karen,

Its me again, from Shepherdstown. I guess we are in the end game now with regard to TrAIL. I was appalled by the PSC Staff's change of position. Basically selling out a principled draft order for a few dollars and jobs. In response, I have written to the PSC, and am attaching a copy of that letter.

I am hoping the Sierra Club will continue its fight against TrAIL. I feel I have done about as much as I can, which included going to Moorefield and testifying, donating to the WV Sierra chapter, and writing letters.

The main purpose of this letter to you, however, is to ask whether the Club is planning on joining or leading the fight against PATH. I really hope so.

As you know, Allegheny is now actively looking at alternative routes in both West Virginia and Maryland. I have already had 2 letters published in Maryland papers (the Baltimore Sun and Frederick News-Post) alerting Maryland readers to the potential danger of PATH to Antietam National Battlefield, and I am writing to the Hagerstown newspaper shortly about a misleading article they just published about PATH. However, what is needed is a campaign on the order of the very persuasive one you wagered with the technical data to support the lack of need for this line as well as the environmental damage that will ensue.

By the way, we have 2 eagles and 3 eaglets currently nesting at the National Conservation Training Center here in Shepherdstown, and a dedicated group of online watchers who would be very likely to join a national outcry against any routing that would remotely disturb the eagles!

Hoping for a positive response.

Sincerely,

Michael Lippe

In a message dated 10/22/2007 7:50:31 P.M. Eastern Daylight Time, kgrubb@fairmontstate.edu writes:

This is the contact information on our Treasurer for questions on your gift.

Chapter Treasurer Mary Davis, 599-6384, mdavis@wvu.edu

We are making progress on fundraising and have identified several expert witnesses, so we are feeling positive at present.

As for an intervention on PATH, that would be up to the Sierra Club and whether we would have the funding to mount another intervention after this one for TrAIL Co. It will also depend on how this intervention goes. To my knowledge Path has not yet applied to the PSC.

If TrAIL is defeated, I think it would be easier to stop PATH. Here are the public hearings on TrAIL. Since those of us from this area will probably not make the hearing in Moorefield, it could be helpful for you to recruit people from your area to go to that hearing.

1. On October 23, 2007, at 1:30 pm and again at 6:30 pm, in the Erickson Alumni Center, West Virginia University, Fine Arts and Patteson Drive, Morgantown, West Virginia. 2. On October 24, 2007, at 1:30 pm and again at 6:30 pm, in the Reception Room, 1"' Floor, Taylor County Senior Citizens, Inc., at the intersection of US Routes 119 and 250 South in Grafton, West Virginia. 3. On October 29, 2007, at 1:30 pm and again at 6:30 pm, in the Spruce Room, Canaan Valley Resort & Conference Center, Route 32 North, Canaan Valley, Davis, West Virginia. 4. On October 30, 2007, at 1:30 pm and again at 6:30 pm, in the Conference Room, South Branch Inn, 1500 US Route 220 North, Moorefield, West Virginia.

5. On November 28 and 29, 2007, beginning at 9:00 am on both days, in the HMC Hearing Room, Public Service Commission Building, 201 Brooks Street, Charleston, West Virginia.

Thank you,

Karen

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From: MJLippe@aol.com [mailto:MJLippe@aol.com] Sent: Monday, October 22, 2007 11:34 AM To: Grubb, Karen Cc: jkotcon@wvu.edu; brbr_fallon@yahoo.com Subject: Re: Allegheny Power Transmission Lines

Dear Karen,

Sorry for the delay on this. I am in the process of instructing my Donor Advised Fund, the Michael Lippe Charitable Fund to send you a check for $250.00. They may want to contact the West Virginia Chapter of the Sierra Club concerning certain details. Could you give me the chapter's phone number and the person with whom they should talk, in case they have to do this? Thanks!

I should tell you that with regard to PATH, I have written to our Congresswoman, Shelly Moore Capito, who responded by saying that she forwarded my letter of concern to the WV PSC. I have also talked with the Antietem National Battlefield Director (across the Potomac River in Maryland), who said that they had mobilized and were fighting the proposed PATH route in Maryland and through their national offices of the National Park Service and he seemed guardedly optimistic that at least the lines would not be put through the National Battlefield. The Jefferson County Planning Commission has also apparently weighed in with the WV PSC against the PATH proposal.

You mentioned that you were going to contact your attorney, Bill DePaulo, about a possible intervention concerning PATH. I wondered if you had heard anything back from him. When I wrote to Allegheny Power, they responded that the final route had not been determined, so I am not sure whether that means that a formal application is still to be made or whether the application has been made, but everything is still in process.

Thank you and please let me know how everything is going.

Michael

In a message dated 9/29/2007 1:50:00 P.M. Eastern Daylight Time, kgrubb@fairmontstate.edu writes:

Michael,

I will forward your question about including PATH in our intervention to our attorney, Bill DePaulo. I don't believe that PATH has been submitted to PSC yet, so I don't know if it can be brought up at the Intervention. Here is the fundraising information you requested.

Karen

This is a fight we cannot afford to lose. The expenses are many: expert witnesses who will substantiate these and related arguments, our travel to PSC meetings, educational materials, copying, faxing, and possibly extensive litigation. These are all beyond the West Virginia Chapter's funds. Thus far, we have secured some funds from National Sierra Smart Energy Solutions, and Environmental Law Program, the WV Highlands Conservancy, and private citizens. We are working with the Sierra Club Office of Foundations and Corporate Relations for additional funds. Expert witness costs alone can easily amount to tens of thousands of dollars.

A donation from you will help protect West Virginia. For tax-deductible donations, please make checks payable to "The Sierra Club Foundation," and on the Memo line of the check write "WV Chapter." Do not write anything on the check about "Trail" or "Energy." The Sierra Club Foundation is tax exempt under Section 501(c)(3) of the Internal Revenue Code, and gifts to The Foundation are tax-deductible under Section 170(b)(1)(A)(vi) of the Code. IRS regulations require that you retain a written acknowledgement from The Foundation to support your claim of a tax deduction. A receipt of your gift will be mailed to you shortly. The Foundation confirms that you received no goods or services in return for your gift.

Please send your donation to:

Sierra Club, West Virginia Chapter

P. O. Box 4142

Morgantown, WV 26504

Be sure to include your return address so we can send you a tax-deductible receipt. Thank You.

Barbara Fallon, WV Chapter, Energy Committee Chair

Karen Grubb, WV Chapter, Conservation Chair

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From: MJLippe@aol.com [mailto:MJLippe@aol.com] Sent: Sat 9/29/2007 10:29 AM To: Grubb, Karen Cc: jkotcon@wvu.edu Subject: Re: Allegheny Power Transmission Lines

Dear Karen,

Thank you for this information. I am wondering whether it is possible for the Sierra Club to specifically include and make reference to both the PATH and TRAIL proposals in its testimony before the WV PSC. As well as the potential route going right through our National Conservation Training Center, which Senator Byrd worked so hard to get funded, it is also apparently going to go through Antietem Battlefield in Maryland, which would have a devastating impact on this well-protected national treasure.

I agree with you 100% concerning the need for the companies to make a more compelling case on the need for this line in the first place. We are talking with the Jefferson County planning officials about this, but so far they are saying it is a State level matter, not something they will jump in on, which is too bad.

Please advise where contributions for this fight should be sent.

Thank you,

Michael Lippe

In a message dated 9/17/2007 12:39:02 P.M. Eastern Daylight Time, kgrubb@fairmontstate.edu writes:

Yes PATH is the other southern line I was referring to. But since, as the attached email says, this line will go to New Jersey, it could go through Jefferson County.

I believe the electric lines are up to the PSC, although if the local commission and your representatives in Charleston come out against it, that could carry some weight with PSC. Unfortunately, our governor mostly seems to favor the lines since that means WV will sell more coal. If NIETC if approved by Congress, what the states say may not matter, as the federal government would have the power of eminent domain. NIETC includes the whole top half of WV, and states north and east of it. This federal designation is what has given Allegheny and American Electric the impetus to propose these power lines.

Karen:

I think you are correct, the Allegheny TrAIL project was at first proposed as indicated, but has since been changed to the current more southern route.

The other project to watch is the joint AE-AEP 765-kv line (PATH) from the John Amos plant near Charleston to somewhere in New Jersey. If TrAIL is approved, I suspect that PATH will be next. Furthermore, if the NIETC is approved, Jefferson County could easily be in the route for this or other lines. Hence, stopping TrAIL is important, even if this particular line is not in your back yard.

JBK

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From: MJLippe@aol.com [mailto:MJLippe@aol.com] Sent: Monday, September 17, 2007 9:09 AM To: Grubb, Karen Subject: Re: Allegheny Power Transmission Lines

Dear Karen,

I had first thought so myself, but now think that there must be two separate lines, TRAIL and PATH, so I googled Bedington, which is the electric substation near us mentioned in the 2006 Allegheny Power letter and found the following, http://www.alleghenyenergy.com/Newsroom/NewsReleases/2007/PJM_Bd_Approva l_0607.pdf,

I am going to try and follow up this week to see where this stands with the local county planning commission. Do they have any jurisdiction over this, to your knowledge, or would it all be up to the WV Public Service Commission?

You mentioned an NIETC. Do you know if this includes Jefferson and Berkeley Counties, I assume it does, and whether it includes anything that Allegheny wants to do anywhere in it?

Thank you!

Michael Lippe

In a message dated 9/16/2007 7:25:06 P.M. Eastern Daylight Time, kgrubb@fairmontstate.edu writes:

Dear Mr. Lippe,

In looking at your attachment, I see it is dated March 6, 2006. I believe that the proposed route has been changed to the more southern route and no longer is planned to go through part of Maryland and Jefferson County. I have also heard that Allegheny Power is avoiding all federal lands along the route. http://www.marstellerclientarea.com/Trail_Map/TRAIL_Map_animation.html

I will consult with our Energy Committee to see if they have more information I can give you. The actual eastern NIETC covers at least 2/3 of WV (Mid-Atlantic Area National Corridor includes counties in Ohio, West Virginia, Pennsylvania,

New York, Maryland, Virginia, and all of New Jersey, Delaware, and the District of Columbia.). The Allegheny TrAIL is the actual proposed route of one transmission line, with another being proposed much farther south in WV by American Electric Power.

http://www.oe.energy.gov/DocumentsandMedia/4.26.07_National_Corridors.pd f

The WV Sierra Club is fighting all additional power lines, regardless of where they are placed. We welcome your help and involvement. We are currently conducting a funding drive to collect money to pay for expert witness testimony for our intervention against Allegheny Power with the WV Public Service Commission.

Karen Grubb

WV Sierra Conservation Chair

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From: MJLippe@aol.com [mailto:MJLippe@aol.com] Sent: Saturday, September 15, 2007 10:02 PM To: Grubb, Karen Subject: Allegheny Power Transmission Lines

Dear Ms. Grubb,

There was a recent article in the Shepherdstown Chronicle about an Allegheny Power request for designation of a National Interest Electric Transmission Corridor to go through the Eastern Panhandle and Jefferson County, apparently quite near to where we live. Looking at the rough map on the proposal, which I downloaded at http://www.oe.energy.gov/DocumentsandMedia/allegheny.pdf, it appears that the corridor might go through the nearby National Conservation Training Center (where there is a pair of nesting bald eagles) and then cross the Potomac very near if not through Antietem National Battlefield Park.

When I started to look this up, I quickly came to your site and the battle concerning the transmission lines being planned, apparently along another route, further to the South.

I am assuming that the two corridors are not related, at least geographically, but am not sure and am wondering whether the Sierra Club has looked into the issues concerning the Eastern Panhandle corridor.

Thank you for any light you can shed on this and any assistance you can provide in directing me in the right direction to try and find out more about all of this. Perhaps needless to say, we are quite worried about the implications of this proposal.

Best regards,

Michael Lippe