While this is indeed good news, it is worth noting that we were at about this point with TrAIL. During the evidentiary hearings, we had largely refuted all of TrAILCo's claims. In their final briefs, Staff had recommended against the line. At that point TrAILCo went into high pressure, back room "negotiations" to make a deal. We have no direct evidence that the Governor's Office got involved, but based on the e-mails from PSC Staff, I think it was likely. At any rate, two months later, Staff "agreed" to (or was told to agree to) a Settlement which added a few additional jobs and the TrAILCo line was approved.
I recommend that we keep a constant watch on PSC Staff activity over the next few weeks. As they say, "Fool Me Twice, Shame On Me!"
Jim Kotcon
"Frank Young" 12/10/10 10:58 PM >>>
From Bill Howley's 'The Power Line' blog- available at:
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WV PSC Legal Staff Files Motion to Dismiss PATH Application December 10, 2010
The PSC lawyers hit every single issue we have been presenting here on The Power Line for the last month. In particular, the staff points to Dominion’s Alternative 1 as being far superior to PATH in every respect. The staff cites the multiple results of PJM’s failure to consider Alternative 1 as being the primary reasons why AEP/Allegheny’s PATH application no longer meets the basic standards for a high voltage transmission line certificate of need as set out in WV statutes. The motion to dismiss is a recitation of all of the failures of PJM’s transmission planning process. The motion is a direct assault on PJM’s deceptive, misleading and contorted actions as more and better alternatives to PATH have appeared in the last year. The staff concludes:
Staff moves the Commission (1) to dismiss PATH’S Application without prejudice; (2) permit for re-filing once a new analysis has been completed that includes all the recent developments; (3) order the Applicants to file updated testimony in regards to the economic and environmental aspects of this project, including a discussion of the need to rebuild the Pruntytown-Mt. Storm line. [the part of Alternative 1 that is owned by Allegheny]
The staff’s motion effectively requires AEP/Allegheny and PJM to make a fair assessment of all viable alternatives to PATH within any new PATH application. Now it is up to the Commissioners of the WV PSC to stand up for our state against the self-appointed power company cartel, PJM Interconnection. The Commission staff has stated the case clearly for all to see. Their motion is a masterful summary of all that is wrong with the PATH project and PJM’s corrupt “planning” process. http://calhounpowerline.com/
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I received a copy from the WvaPath yahoo group where it was requested that "Everyone, I mean _everyone_, who is an intervenor needs to file a simple joinder statement to the PSC staff's motion to dismiss. You can put it in the form of a formal filing, or you can send it as a letter." Sounds like we need to do more than just watch PSC activity on this one.
-Jonathan
On 12/11/2010 4:20 PM, James Kotcon wrote:
While this is indeed good news, it is worth noting that we were at about this point with TrAIL. During the evidentiary hearings, we had largely refuted all of TrAILCo's claims. In their final briefs, Staff had recommended against the line. At that point TrAILCo went into high pressure, back room "negotiations" to make a deal. We have no direct evidence that the Governor's Office got involved, but based on the e-mails from PSC Staff, I think it was likely. At any rate, two months later, Staff "agreed" to (or was told to agree to) a Settlement which added a few additional jobs and the TrAILCo line was approved. I recommend that we keep a constant watch on PSC Staff activity over the next few weeks. As they say, "Fool Me Twice, Shame On Me!" Jim Kotcon
"Frank Young" 12/10/10 10:58 PM >>>
From Bill Howley's 'The Power Line' blog- available at: http://calhounpowerline.com/
WV PSC Legal Staff Files Motion to Dismiss PATH Application <http://calhounpowerline.com/2010/12/10/wv-psc-legal-staff-files-motion-to-dismiss-path-application/>December 10, 2010
The PSC lawyers hit every single issue we have been presenting here on The Power Line for the last month. In particular, the staff points to Dominion’s Alternative 1 as being far superior to PATH in every respect. The staff cites the multiple results of PJM’s failure to consider Alternative 1 as being the primary reasons why AEP/Allegheny’s PATH application no longer meets the basic standards for a high voltage transmission line certificate of need as set out in WV statutes.
The motion to dismiss is a recitation of all of the failures of PJM’s transmission planning process. The motion is a direct assault on PJM’s deceptive, misleading and contorted actions as more and better alternatives to PATH have appeared in the last year. The staff concludes:
/Staff moves the Commission (1) to dismiss PATH’S Application without prejudice; (2) permit for re-filing once a new analysis has been completed that includes all the recent developments; (3) order the Applicants to file updated testimony in regards to the economic and environmental aspects of this project, including a discussion of the need to rebuild the Pruntytown-Mt. Storm line. [the part of Alternative 1 that is owned by Allegheny]/The staff’s motion effectively requires AEP/Allegheny and PJM to make a fair assessment of all viable alternatives to PATH within any new PATH application.
Now it is up to the Commissioners of the WV PSC to stand up for our state against the self-appointed power company cartel, PJM Interconnection. The Commission staff has stated the case clearly for all to see. Their motion is a masterful summary of all that is wrong with the PATH project and PJM’s corrupt “planning” process.
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