To:  MVCAC
 
Testimony was entered by Duane Nichols,  Charles Yuill, and Adam Polinski
 
to the WV Public Service Commission yesterday regarding the environmental
 
impacts of the proposed changes to the Longview power plant.
 
Our attorney,  Phillip Gaujot, did an excellent job of presenting our case
 
and of posing questions to the single Longview witness, Chris Colbert.
 
Colbert gave what we consider to be vague and incomplete answers,
 
but the two Commissions present, were not apparently concerned about
 
his lack of specificity and meager amount of information.   Mr. Shaw has
 
resigned from the Commission.   [The Governor must appoint a Republican
 
lawyer to replace him, since both major parties must be represented and
 
since at least one must be a lawyer....neither Chairman Jon McKinney nor
 
Edward Staats  are lawyers.]
 
............The PSC Staff recommended that the changes be approval, with
 
a list of 10 or 11 stipulations.  Our position is that the increased steam
 
plumes are significant and should be the reason for greater evaluation,
 
i.e. a "material" modification.    Neither the Staff nor the Commissions
 
are particularly inclined to side with us.  
 
In any case, the final decision will not be made until after a Briefing
 
Schedule has transpired:  Initial Briefs due Jan. 29th,  Reply Briefs
 
due January 31st, and  Final Briefs due February 2nd.
 
.......................We are very unhappy with this schedule,  because
 
Briefs are to be submitted without the benefit of the Transcript, which
 
will not be ready in time for use during this schedule.
 
...............  Duane Nichols, Convener, MVCAC