NOTE: LONGVIEW HAS BEEN ORDERED BY THE P.S.C. TO RESUBMIT ITS TRNASMISSION LINE CERTIFICATE APPLICATION, TO INCLUDE A CORRECTED MAP, ETC.
LONGVIEW IS TO REPUBLISH AN ANNOUNCEMENT IN THE NEWSPAPER PROVIDING FOR A 30 DAY COMMENT PERIOD. PREVIOUS PROTEST LETTERS NEED NOT BE RESUBMITTED. NEW PROTEST LETTERS WILL BE ACCEPTED BY THE P.S.C.
THE FULL ORDER IS PRINTED BELOW. PLEASE FORWARD THIS NOTE TO ANYONE INTERESTED NOT ON THE MVCAC MAILING LIST.
THANK YOU. DUANE.
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051467com121605.wpd
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 16th day of December, 2005. CASE NO. 03-1860-E-CS-CN
LONGVIEW POWER, LLC Application for a Siting Certificate to Authorize the Construction and Operation of a Wholesale Electric Generating Facility. CASE NO. 05-1467-E-CN LONGVIEW POWER, LLC Application of Longview Power, LLC for a Certificate of Public Convenience and Necessity Authorizing the Construction and Installation of a 500 kV electric transmission line and to Satisfy Conditional Siting Certificate for Exempt Wholesale Generating Facility in Monongalia County, West Virginia. COMMISSION ORDER On September 30, 2005, Longview Power, LLC, (Longview or the Applicant) filed an application for a Certificate of Convenience and Necessity pursuant to West Virginia Code § 24-2-11a to construct and operate a high voltage transmission line in Monongalia County. This filing was docketed as Case No. 05-1467-E-CN. The Applicant previously published a Notice of Filing of this application. By a letter dated and filed December 2, 2005 the Applicant noted that the previously published notice contained an error in the map of the area where the transmission line will be located. The Applicant provided a corrected Notice of Filing for use in this matter. By a Commission Order entered August 27, 2004 in Case No. 03-1860-E-CS-CN the Commission conditionally granted Longivew's application for a Siting Certificate, pursuant to West Virginia Code § 24-2-11c, to authorize the construction and operation of an electric wholesale generating facility. Conclusion of Law No. 4 of that Order read as follows: In a future filing, Longview will be required to submit its transmission line application and provide further information which addresses the conditions hereinafter set forth, all of which will be subject to further public hearings and Commission decision. At those future hearings, in addition to presenting an adequate case concerning the proposed transmission line and related issues, the burden is on Longview to demonstrate that it has fully addressed and met the concerns embodied in these conditions.
DISCUSSION Case No. 03-1860-E-CS-CN will be reopened for the limited purpose of addressing the contingent aspects of the Siting Certificate and will be consolidated with the transmission line application for the purpose of hearing and decision. Additionally, the Commission shall require Longview to publish the revised Notice attached hereto. Protestants who submitted letters in protest to the previous, incorrect publication will not be required to resubmit their respective letters of protest. All previously submitted letters of protest will be considered applicable to the corrected publication. Likewise, all previous intervenors in Case No. 03-1860-E-CS-CN shall retain their party status and shall be considered as intervenors in Case No. 05-1467-E-CN as well. Finally, the Commission shall issue a subsequent order to address outstanding petitions to intervene as well as to set a procedural schedule for use in these cases. ORDER IT IS THEREFORE ORDERED that Longview Power, LLC provide notice by publishing a copy of the attached Notice as a Class II legal advertisement in newspapers duly qualified by the Secretary of State, published and of general circulation in Monongalia County, and in Kanawha County, making due return to this Commission of proper certification of publication immediately after publication.
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2 ____________________________________ IT IS FURTHER ORDERED that anyone desiring to protest or intervene should file a written protest or notice of intervention within 30 days following the second publication date unless otherwise modified by Commission order. Failure to timely protest or intervene can affect your right to protest aspects of these certificate cases or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention. ____________________________________
IT IS FURTHER ORDERED that Case No. 03-1860-CS-CN is hereby reopened for the limited purpose of addressing the contingent aspects of the Siting Certificate. IT IS FURTHER ORDERED that Case Nos. 03-1860-CS-CN and 05-1467-E-CN are hereby consolidated. IT IS FURTHER ORDERED that the Commission's Executive Secretary serve a copy of this order upon all parties of record by United States First Class Mail and upon Commission Staff by hand delivery. JJW/klm 051467c.wpd
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PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON
CASE NO. 03-1860-E-CS-CN
LONGVIEW POWER, LLC Application for a Siting Certificate to Authorize the Construction and Operation of a Wholesale Electric Generating Facility. CASE NO. 05-1467-E-CN LONGVIEW POWER, LLC Application of Longview Power, LLC for a Certificate of Public Convenience and Necessity Authorizing the Construction and Installation of a 500 kV electric transmission line and to Satisfy Conditional Siting Certificate for Exempt Wholesale Generating Facility in Monongalia County, West Virginia.
[LONGVIEW TO INSERT APPROPRIATE MAP HERE PRIOR TO PUBLICATION]
ADDITIONAL NOTICE OF FILING On September 30, 2005, Longview Power, LLC, whose address is 1040 Great Plain Avenue, Needham, Massachusetts 02492-2517 (the Applicant) filed an application for a Certificate of Convenience and Necessity pursuant to West Virginia Code § 24-2-11a to construct and operate a high voltage transmission line in Monongalia County. This filing was docketed as Case No. 05-1467-E-CN. The application and exhibits are available for public inspection at the Commission's offices at 201 Brooks Street, Charleston. Upon its completion, the transmission line will be used by the Applicant to transport electricity to the grid for the competitive wholesale market in West Virginia and other locations. Longview previously published a Notice of Filing of this application. This Additional Notice of Filing is made to correct an error in the map which was included in the previously published Notice of Filing and to provide additional information regarding the above-listed cases.
____________________________________ The Applicant proposes to construct a 500 kV electric transmission line to interconnect its electric generating facility to the Allegheny Power (Allegheny) 500 kV Kammer Fort Martin transmission line near Morgantown, Monongalia County. Longview will construct a new 500 kV Substation in Greene County, Pennsylvania. The Applicant estimates that construction of the transmission line will cost less than fifty million dollars ($50,000,000). Neither the Facility nor the transmission line is a public utility providing service to the public and there will be no impact to West Virginia ratepayers. Rates charged for electricity sold by the Facility will be subject to regulation by the Federal Energy Regulatory Commission (“FERC”) pursuant to Section 205 of the Federal Power Act. The Applicant intends to file a market-based rate schedule with FERC that will allow sales from the Facility to be at negotiated rates. The Applicant will be the entity responsible for the construction and operation of the transmission lines. The Applicant will enter into an interconnection and operating agreement with PJM which will govern the Facility's interconnection at the new Substation. The Applicant, or the purchasers of the electricity generated by the Facility, will enter into transmission service agreements with Allegheny to govern the transmission of the electricity across Allegheny's facilities. Such transmission of electricity will be subject to the terms of PJM's Open Access Transmission Tariff on file with the FERC. The transmission line will not compete with other utilities and will be for the sole purpose of transmitting the electricity generated at the Facility onto the grid for the wholesale market. The black line on the above map indicates the location of the corridor in which the transmission line will be located. The Applicant asserts it is not a public utility within the meaning of West Virginia Code § 24-2-11 and requests a waiver of the Public Service Commission's filing requirements to provide certain information including proposed rates, project construction costs, project financing and estimates of operating revenues and expenses, and the information required by Tariff Rule 42. Other waivers of information filings are also sought.
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2 ____________________________________ By a Commission Order entered August 27, 2004 in Case No. 03-1860-E-CS-CN the Commission conditionally granted the Applicant's application for a Siting Certificate, pursuant to West Virginia Code § 24-2-11c, to authorize the construction and operation of an electric wholesale generating facility. Conclusion of Law No. 4 from that Order read as follows: “In a future filing, Longview will be required to submit its transmission line application and provide further information which addresses the conditions hereinafter set forth, all of which will be subject to further public hearings and Commission decision. At those future hearings, in addition to presenting an adequate case concerning the proposed transmission line and related issues, the burden is on Longview to demonstrate that it has fully addressed and met the concerns embodied in these conditions.” Case No. 03-1860-E-CS-CN will be reopened for the limited purpose of addressing the contingent aspects of the Siting Certificate. A copy of the Commission's Order in Case No. 03-1860-E-CS-CN is available from the Public Service Commission. Intervenors granted party status in Case No. 03-1860-E-CS-CN shall retain their party status in the reopened proceeding. Anyone desiring to protest or intervene in these cases must file a written protest or notice of intervention within 30 days following the date of this publication unless otherwise modified by Commission order. Failure to timely protest or intervene can affect your right to protest aspects of these certificate cases or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention. Protestants and potential intervenors who submitted letters in response to the previous, incorrect publication need not resubmit protests or requests to intervene. All previously submitted letters of protest and petitions to intervene will be considered applicable to the corrected publication. Requests to intervene in these cases must comply with the Commission's rules on intervention set forth in the Commission's Rules of Practice and Procedure. All protests and requests to intervene should be addressed to Sandra Squire, Executive Secretary, P. 0. Box 812, Charleston, West Virginia 25323. If no protests are received within said thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with said application and its review thereof.
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