Morgantown Dominion Post Tuesday 19 September 2006, page 10-B:

Challenge to proposed Longview Power now in the hands of the state Supreme Court ---High court to decide if it will hear appeal of case

BY EVELYN RYAN The Dominion Post

The state Supreme Court will decide Oct. 24 if it wants to hear a challenge to the permits for Longview Power issued by the state Public Service Commission in July.

On June 26, the commission said Longview could build a 600-megawatt coal-fired power plant on 225 acres in the Fort Martin area of Monongalia County, as well as a high-voltage transmission line from the plant.

Just a month later, more than 50 county residents who have been fighting the plant for three years appealed the decision to the high court.

This appeal is on the motion docket, state Supreme Court spokeswoman Jennifer Bundy said. “This means that the people who filed the suit can come and tell the court why they think it should hear the case,” she said.
“At that time, the justices will decide whether they want to hear the arguments.”  If the justices agree to hear the appeal, another date will be set for both sides to present their cases, Bundy said. The court does not make immediate decisions on cases that are argued.

Longview officials said the latest court appeal was not unexpected.
“We’re going to see challenges at every opportunity for these guys to avail themselves of,” Longview Project Manager Tom Wheble said. “We hope the Supreme Court says there was a good and thoughtful process by the PSC and chooses not to hear the appeal.

“We’re still moving forward on other aspects of the development,” he added. “We would love to have our construction begin this fall. We still have a tremendous amount of interest in financing the plant. I can’t say more because everything is confidential.”

Longview Power was established by GenPower, of Needham, Mass., in 2001 to gain all the necessary permits to build a merchant power plant, one that would sell its output on the open power market.

This differs from a plant like Fort Martin Power Station, which was built and is operated by Allegheny Energy, supplying electricity to the utility’s customers in northern West Virginia.

Those trying to stop the plant are challenging the commission’s action on procedural grounds.

“I think our strongest argument is that the Public Service Commission is required by statute to perform its duties within a statutory period of time and they exceeded the time frame in this case,” said Attorney Phil Gaugot, who filed the appeal.

“We believe that in the end, Longview failed to provide sufficient evidence to support the PSC conclusion that it was entitled to a siting certificate and transmission line certificate.

“Most important,” he added, “Gen-Power has not demonstrated that it has the financial viability to do the work or the committed financing to complete the project.”

Gaugot filed the lawsuit on behalf of 20 Fort Martin residents, 30 Monongalia County residents, Citizens for Alternatives to Longview Power, Cheat Lake Environment and Recreation Association, and Citizens for Responsible Development.