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Visit StopPATH WV Blog for the Latest Transmission Rants!


Feds Order Refund of Transmission Line Advertising and Advocacy Costs
PATH Project Wrongly Recovered Costs of Influencing Public Officials

Washington, D.C., January 23, 2017 – Electric customers in 13 states will soon
be receiving more than $7M in transmission credits on their bills thanks to the
efforts of two women from West Virginia who have spent the past 6 years pleading
their case to regulators in Washington, D.C.
 
Last week, the Federal Energy Regulatory Commission (FERC) ordered the failed
Potomac-Appalachian Transmission Highline (PATH) project to refund more than $7M
it had incorrectly recovered from electric ratepayers for an advertising,
lobbying, and advocacy program designed to persuade state regulators to approve
its project.  FERC affirmed an earlier ruling by one of its Administrative Law
Judges that the company had made an accounting mistake when it added the costs
of its advocacy program to consumer rates.  The Commission ruled that $2.6M in
advertising costs, and more than $3M spent on advocacy groups supporting the
project, were not accounted for properly.  FERC’s Opinion No. 554, released
during a FERC meeting on January 19, also ordered refund of several hundred
thousand dollars of PATH’s costs to lobby government officials for approval of
the project.
 
Keryn Newman of Shepherdstown, and Alison Haverty of Chloe, started back in 2010
what would become a 6-year odyssey, ultimately taking them to the nation’s
capital for a 15-day administrative hearing.  The women wanted to find out who
was paying for PATH’s extravagant advertising campaign, and who was behind the
numerous groups supporting the project that had suddenly sprung up.  Although
neither one had any legal training, they investigated and took advantage of
existing regulatory processes to satisfy their curiosity.  What they found was a
stunning paper trail documenting paid advocacy and lobbying intended to drown
out grassroots opposition to the project.  The real problem, however, turned out
to be that electric ratepayers in the 13-state PJM Interconnection electric
region had paid for the company’s scheme.
 
“While going through the hundreds of thousands of PATH documents provided in
discovery, it started to read like a John Grisham novel about power, money,
influence and corruption,” said Newman.  “Then I reminded myself that this was
real life – it actually happened!”
 
Newman and Haverty initially tried to work with the company to resolve the
issues, but in January 2011 ended up filing formal legal complaints with FERC,
who regulates interstate electric transmission rates.  Over the next six years,
the women filed dozens of legal pleadings and attended numerous conferences at
FERC headquarters in Washington.  In the spring of 2015, the matter was finally
heard by FERC Judge Phillip Baten, where the women represented themselves by
filing testimony, introducing exhibits, cross-examining PATH’s witnesses and
filing numerous post-hearing briefs.  Their hard work paid off when the Judge
issued his decision in September of that year, finding that all costs challenged
properly belonged in an account that is not recoverable through the rates PATH
charged to consumers.  Last week, FERC’s appointed Commissioners affirmed the
Judge’s ruling and ordered a refund.
 
“The powerful energy companies were using our money to sell us and convince us
we needed their project. Anyone who learned this was happening said the words,
‘That's not right.’ It's not every day I get to show my kids that when we stand
for what is right, we can win.  It was a good day!” said Alison Haverty, a
mother of four and first-grade teacher in Clay, W.Va.
 
“There comes a time when you need to put down your protest sign, put on your
business suit, and go inside,” said Newman, a former accountant.  “It was an
enormous commitment of time and resources, but I wouldn’t change a thing,” she
added.
 
BACKGROUND:  The PATH transmission project was a 275-mile high voltage electric
transmission line proposed in 2007 that was slated to run from St. Albans, West
Virginia, to a new substation in Mt. Airy, Maryland.  The project drew fierce
opposition from citizens all along its route and was eventually cancelled by
regional grid planner PJM Interconnection in 2012 when a reevaluation determined
there was no need for the project.

FERC's Opinion No. 554




PJM OFFICIALLY KILLS PATH PROJECT

"On August 24, 2012 the PJM Board of Managers met to consider the PJM staff
recommendation to remove the MAPP and PATH projects from the Regional
Transmission Expansion Plan (RTEP). PJM staff reviewed results of analyses
showing reliability drivers no longer exist for the project throughout the
15-year planning cycle. The analyses incorporated the continued trends of
decreasing customer load growth, increasing participation in demand response
programs and the recent commitment of new generating capacity in eastern PJM.

The PJM Board of Managers considered the communication received from
stakeholders, and results of the reliability analyses completed by staff and
decided to terminate the MAPP and PATH projects and remove them from the RTEP
effective immediately."

Come do the victory dance with us over on the blog!




FERC ORDERS HEARING INTO PATH RATES
TWO CONSUMERS CHALLENGE $5.7M CHARGED TO RATEPAYERS

The recently terminated Potomac-Appalachian Transmission Highline project is now
facing another legal battle, this time over who will pay for a portion of the
failed project.

On September 20, the Federal Energy Regulatory Commission issued an order
granting formal challenges to PATH’s rates totaling $5.7M and setting the matter
for hearing.

The challenges, filed in January and December of 2011 by two West Virginia
electric consumers, Keryn Newman of Shepherdstown and Alison Haverty of Chloe,
were found by the Commission to raise serious doubt regarding the prudence and
accuracy of PATH’s expenditures in 2009 and 2010.
 
Newman and Haverty challenged PATH’s recovery of lobbying, advertising, public
relations advocacy, membership and donation expenses, as well as the accuracy of
PATH’s calculation of rates, including instances where the company recovered
more than it paid for services.

“We are gratified that FERC has confirmed our doubts about the accuracy of
PATH’s accounting and the nature of project expenses recovered from ratepayers,”
Newman said.  “We applaud the Commission’s unanimous commitment to just and
reasonable rates for consumers.”

In its order, FERC also upheld consumers’ right to examine and challenge
transmission rates that are passed to them in their electric bills.  PATH had
argued that end-user customers do not have standing to examine and challenge
rates.  FERC’s order determined that any electric customer who pays some portion
of a transmission rate has standing under section 206 of the Federal Power Act
to examine and challenge that rate.

"It is a huge victory for regular people,” said Haverty.  “FERC has made it
clear that we have the right to ask questions, receive answers and be involved
in the process that decides how big or small our electric bills are.”

In keeping with usual practice, FERC ordered PATH and the two consumers to
attempt a negotiated settlement before the matter proceeds to hearing.

FERC’s Order may be viewed here.


PJM STAFF RECOMMENDS PATH PROJECT BE CANCELLED!


Grassroots activism has triumphed over corporate propaganda!  On August 9, 2012,
grid manager PJM Interconnection staff will recommended to the PJM Board of
Managers that the PATH Project be cancelled.  The Board of Managers is expected
to meet and make the final decision on the project's fate on August 24.  We will
publish news as it happens.  Meanwhile, keep up-to-date on energy policy news by
reading our StopPATH WV Blog.




DOMINION POWER REBUILDING MT. STORM-DOUBS LINE


Work has recently begun in Jefferson County on the rebuild of the Mt.
Storm-Doubs 500kV transmission line.  This is NOT the PATH Project!  In 2010,
Dominion Power proposed the rebuilding of their transmission line that runs
through Summit Point, south of Charles Town, Millville, and up over the mountain
into Virginia.  The proposed PATH Project would have paralleled this existing
line, but the two projects are not related.  Dominion needed to rebuild their
transmission line because the towers were deteriorating to the point that they
were in danger of collapse, and a rebuilt line will increase the thermal
capacity of the line by 66%.  The increased capacity of a rebuilt Mt.
Storm-Doubs was a factor in the suspension of the PATH Project.  In early 2011,
Dominion personnel made a promise to StopPATH WV leadership that they would
treat landowners affected by the rebuild with fairness and respect.  Some feel
that Dominion is not living up to their promise.  StopPATH WV will continue to
monitor Dominion's progress and provide information.  If you need more
information, feel free to email us.




CITIZENS GROUP SAYS CANCELED PATH PROJECT WILL COST CONSUMERS $225M

FOR IMMEDIATE RELEASE
August 9, 2012
Contact:    Keryn Newman (304) 876-3497 keryn@stoppathwv.com 

The organization that originally approved a 765-kV transmission line to carry
“coal by wire” across three states will be voting in two weeks whether to kill
the project for good.

The Transmission Expansion Advisory Committee (TEAC), tasked by regional
transmission grid operator PJM Interconnection with prioritizing prospective
transmission projects, today will make a recommendation to the PJM Board of
Managers that the Potomac-Appalachian Transmission Highline (PATH) be dropped
from the TEAC list and canceled. The board will consider the recommendation to
kill PATH at its Aug. 24, 2012 meeting.

“Our mission was validated when we learned today, Aug. 8, 2012, that PJM has
decided the PATH transmission line is no longer needed, and they will recommend
to the board that the project be canceled outright,” said Robin Huyett Thomas,
president of StopPATH WV, a Jefferson County citizens’ group.

The $2.1 billion PATH transmission line was planned in 2007 to deliver
electricity from a coal-fired generation plant to east coast load centers.  The
275 mile-long project was to run from the John Amos plant in St. Albans, WV, to
a new 42-acre substation in Frederick County, Md., passing through West Virginia
and Virginia on the way.

After more than four years and multiple hearings in three states, the project
was suspended in 2011 by PJM after opponents demonstrated it was not needed, and
the Virginia State Corporation Commission ordered PJM to perform an updated need
analysis.  Though the utility companies then withdrew their applications before
state regulatory agencies, the project has continued to charge project expenses,
including a 12.4 percent return on equity (ROE), to all 60 million PJM
ratepayers in its 13-state region.

StopPATH WV, Inc. was formed in 2009 to protect the interests of Jefferson
County, W. Va., citizens and landowners.  The organization used more than
$50,000 in donations for attorneys and experts to oppose the project at the West
Virginia Public Service Commission before the application was withdrawn.

“We thank all those who, from the first state filing for this project in 2009,
stood up and voiced their opposition, asking our politicians, federal and state
agencies, and the energy generation, distribution, and transmission fields to
look to the future, rather than build for the past,” Huyett Thomas said.

Keryn Newman, a StopPATH WV member from Shepherdstown, has been tracking PATH
expenses being billed to ratepayers. By the end of 2012, Newman estimates, PATH
will have collected over $95 million in annual revenue requirements from PJM
ratepayers since PATH was awarded the 12.4 percent “incentive” ROE authorized by
the Federal Energy Regulatory Commission in 2008.

FERC also granted PATH an incentive that allows it to apply to recover an
additional $130 million in capital investments for the project, with the
prospect of additional ROE billed to ratepayers, in the event that it is
abandoned and not built.  PATH must convince the Commission that it had no fault
in the abandonment and that all expenditures were prudently incurred.

“The PATH project could end up costing electric consumers nearly a quarter of a
billion dollars by the time it’s all said and done, when you add interest and
carrying costs over perhaps four decades. The consumers, however, will see
absolutely no benefit from the money they have spent,” said Newman.

Both Newman and Alison Haverty, of Calhoun Co., W. Va., have filed formal
complaints with FERC alleging that PATH has billed ratepayers at least $5.8
million in imprudent expenses. The complaints seek a refund, plus interest.
Newman said they would be monitoring abandonment expenses PATH seeks to be
repaid by ratepayers.

The PATH project, along with the Trans Allegheny Interstate Line (TrAIL)
completed in 2011, was integral to “Project Mountaineer,” a 2005 PJM initiative
focused on building transmission to carry coal by wire from Western to Eastern
PJM, claimed by PJM to be “needed” on the East Coast.

StopPATH WV, along with other opponents of the project, has always maintained
that PATH was not needed.  PJM staff’s recommendations echoed opponents’
arguments that decreased electricity demand, improved peak-use demand
management, and new generation planned for the East Coast eliminated arguments
for PATH’s construction.




THE PATH PROJECT HAS BEEN "SUSPENDED" BY REGIONAL GRID PLANNER PJM
INTERCONNECTION, HOWEVER ELECTRIC CONSUMERS IN 13 STATES CONTINUE TO BE CHARGED
FOR THE PROJECT'S CONTINUING EXPENSES!



  FERC COMPLAINT ALLEGES PATH TRANSMISSION PROJECT IMPROPERLY RECOVERED AN
ADDITIONAL $2.5M FROM RATEPAYERS IN 2010


Two West Virginia citizens have filed a new complaint with the Federal Energy
Regulatory Commission (FERC), alleging that the PATH Transmission Company
subsidiaries of FirstEnergy (formerly Allegheny Energy) and American Electric
Power have continued to improperly charge millions of dollars in promotional
expenditures to ratepayers in 13 states and the District of Columbia.  With this
complaint, PATH’s overcharges total nearly $5.8 million over the past two years,
when combined with the first complaint filed in January 2011.

Keryn Newman, a Shepherdstown resident, and Alison Haverty, of Chloe, filed
their second Formal Challenge to the Potomac-Appalachian Transmission Highline,
LLC 2010 Annual Transmission Revenue Requirement, on December 23 with FERC.
Their review of 2010 project costs reveals a propaganda pattern, using funds
inappropriately recovered from ratepayers, to influence state regulators, as
well as a large number of simple accounting errors.  The complaint asks that
FERC reject PATH’s Annual Update filing and begin a broader investigation of
more overcharges by the power companies.

“We contend that the Commission never intended to hand PATH a blank check signed
by electric ratepayers in 13 states to use as they see fit to promote their
for-profit endeavor,” said Newman.

The PATH Companies recovered expenses of nearly $1 million for an advertising
campaign utilizing recognized propaganda techniques and more than $1 million to
create and manage fraudulent “grassroots” groups and an advocacy program carried
out with private groups and inappropriately billed as “public education.”  The
recovery of these costs from electric ratepayers violates FERC regulations.

Bill Howley, of The Power Line blog, has been covering PATH for the last three
years.  “The fact that ratepayers in PJM Interconnection are being charged for a
dead PATH project is bad enough.  The PATH companies should not be allowed to
get away with sloppy accounting and dishonest representation of their
promotional costs as 'public education,'” Howley said.

The citizen complainants discovered improperly recovered expenses related to
lobbying by West Virginia Democratic Party Chairman Larry Puccio, and attempts
to exert influence on the Loudoun County, Va., Board of Supervisors to release a
conservation easement along PATH’s proposed route – by creating a more
destructive route around the easement and pitting neighbor against neighbor. 

Also detailed in the complaint are efforts by PATH lobbyists to interfere in the
Maryland Public Service Commission’s consideration of PATH’s application through
the intervention of the Maryland Chamber of Commerce, which received a $20,000
“platinum sponsorship” from PATH that was charged to ratepayers’ electric
bills.  The Challenge also details generous payments to former state regulators
and prominent local businessmen along PATH’s proposed route in exchange for
their support of the project, as well as over $100,000 spent on public opinion
surveys and focus groups. 

“This Challenge is not about the contemptible acts which PATH performed as they
were trying to get approvals for their project.  This Challenge is about who
should pay for those acts.  The electric bill which my family works to pay every
month should not include these charges, and neither should yours,” said Haverty.

Newman and Haverty have been examining PATH’s costs for the past two years using
rules designed to provide public transparency.  Despite PATH’s attempts this
year to suppress the release of information, the women have persisted in
examining the company’s accounting practices, and support for their efforts was
recently expressed in comments filed by regulators from both Illinois and
Maryland, and an amicus letter from the Sierra Club, EarthJustice, Piedmont
Environmental Council and National Resources Defense Council.  On December 30,
FERC issued a decision finding that, “…the consumers have demonstrated that they
have a direct interest in the PATH Companies’ rates that will be flowed through
to them.”

The PATH Companies have 20 days from the filing date to produce their answer to
the Commission. Exhibits to the Formal Challenge can be found here.

Background

The Potomac-Appalachian Transmission Highline (PATH) project originally was to
run 275 miles from the John Amos coal-fired generation plant in St. Albans, WV,
to a new 42-acre substation in Frederick County, Md., passing through Loudoun
and Frederick counties in Virginia. After more than two years and multiple
hearings in three states, the project was “suspended” in 2011 by regional grid
operator PJM Interconnection after opponents demonstrated it was not needed. 
The utility companies then withdrew their applications before state regulatory
agencies.

Despite PATH's suspension, AEP and FirstEnergy are allowed to recover project
costs, collected since 2008 from the 54 million ratepayers in the PJM region –
all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New
Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia
and the District of Columbia. This cost recovery will continue at a level
“necessary to maintain the project in its current state” until the project is
officially abandoned at FERC.  PATH also was guaranteed the right to apply for
100% recovery of abandoned project costs as part of an incentives package they
were granted by FERC in 2008.

A copy of the recent complaint and related filings can be viewed on FERC dockets
ER08-386 and ER12-269.




BREAKING NEWS:  PJM URGES POWER COMPANIES TO "SUSPEND EFFORTS" ON PATH PROJECT!


FOR IMMEDIATE RELEASE
March 1, 2011
Contact:    Keryn Newman (304) 876-3497 keryn@stoppathwv.com 
                Patience Wait (304) 876-1515 pwaitster@gmail.com

The fight is not over!

Yesterday's announcement by PJM directing AEP/FirstEnergy to suspend efforts on
the Potomac-Appalachian Transmission Highline is a major victory and vindication
for the thousands of landowners and ratepayers who have been fighting a David
vs. Goliath battle with the corporations and government for nearly three years. 
We are pleased at the subsequent requests by the companies to withdraw their
permit applications in West Virginia, Virginia and Maryland.

Our opposition has always been based on our determination that the PATH project
is not needed.  Instead, the project was motivated by Federal Energy Regulatory
Commission (FERC) incentives, including recovery of all project costs and a
14.3% return on equity.

The claims of need for the project have shifted so far out into the future that
it has put the project "on hold" for now.  We call on PJM to be forthcoming and
promptly release results of new analyses and forecasts for the PJM region.  It
is unacceptable that PJM's and PATH's unwillingness to accept the changing
landscape for energy policy could continue to hold landowners in three states
hostage while they continue to entertain an unneeded project endlessly.

While we celebrate this victory, we also realize that this battle is not over. 
PJM Interconnection will be conducting what it calls "more rigorous analysis of
the potential need for PATH."  AEP's CEO Michael Morris told the Energy Business
Review, "We remain convinced that the project will be needed and plan to move
forward with it when PJM completes its review."  We are surprised that Mr.
Morris would say this when it has been proven there is no need and the project
has no terminus.

We also note that the suspension of this project in lieu of abandonment ensures
the PATH companies will continue to spend ratepayer money to maintain the
project.  They will continue to hold real estate purchased and collect a 14.3%
return on equity from electric ratepayers through their FERC Formula Rate for a
project that has no projected in-service date and for which the companies are no
longer seeking permits.  We ask that the project be properly abandoned now, and
if a need for PATH or a similar project materializes in the distant future, the
companies reapply for FERC incentives at that time.  Jeri Matheney, a
spokeswoman for AEP  said the utilities also would suspend efforts to purchase
land for the right of way, however she failed to acknowledge that funds
recovered from ratepayers have financed this project to date and will continue
to do so under their current scheme of holding of the project in abeyance
indefinitely.

The Formal Challenge to PATH's 2010 Formula Rate Annual Update detailing PATH's
over recovery of more than $3M from ratepayers in thirteen states and the
District of Columbia in 2009 remains open before FERC.  Complainants Keryn
Newman and Alison Haverty plan to continue pursuit of the refund due to
ratepayers.

StopPATHWV, Inc. thanks our intervenors, volunteers, financial supporters and
friends for their participation over the past 2 1/2 years.  We urge everyone to
remain vigilant as we continue our fight against corporate greed.  We plan to
continue, and expand, our efforts and welcome your involvement.

In addition, we will be continuing our efforts to ensure West Virginia's and the
region's needs for reliable power are met through rebuilding of aging high
voltage transmission infrastructure through our involvement with the Coalition
for Reliable Power.

We've come too far and learned too much -- the fight is not over!





THERE IS NOW A CLEAR ALTERNATIVE TO PATH!



Dominion's PATH Alternative One, reinforced by the WV PSC approval of the Mt.
Storm-Doubs rebuild changed everything.  We now have a simple, economic plan for
re-building existing transmission lines to provide increased capacity and the
infrastructure we need to provide the citizens of West Virginia with safe,
reliable electricity without building new transmission lines like PATH! 

This alternative is better than building PATH in for three simple reasons:


 * Rebuilding takes no new land from West Virginia landowners.
 * Rebuilding costs less than 1/3 the cost of PATH.
 * Rebuilding can be completed faster than PATH and is the best solution to West
   Virginia's aging transmission grid.


1.       What lines should be rebuilt?

Dominion's Alternative One says Mt. Storm to Doubs (already approved by PJM and
WV PSC and can be done by 2015) and Pruntytown to Mt. Storm (which is owned by
Allegheny, one of the PATH owners).  Allegheny will probably resist its
responsibility to fix its power line, so the WV PSC must pressure Allegheny to
do it.

2.        Why can the rebuilds be done faster? 

Because they are essentially repairs of existing 500 kV lines and require no new
rights-of-way across private or federal land so the permitting process is much
less involved than PATH's.  The WV PSC approved the Mt. Storm-Doubs rebuild only
two days after their engineers gave the project their support.

3.        What are the cost estimates? 

Dominion estimated Alternative One's cost at $620 million.  Even with
construction overruns, it probably won't be more than $800 million. 
AEP/Allegheny claim PATH will cost $2.1 billion, but PJM has a different cost
estimating method that shows PATH's projected cost may actually be $3.22
billion.  With cost overruns in actual construction, PATH's cost could be up to
$4 billion, more than four times the cost of even the higher estimate for
Alternative One.

4.        How do both alternatives compare in terms of land needs? 

Current rough estimates say that PATH would take about 7000 acres of NEW
rights-of-way, most of it productive timber and farm land which could no longer
be used productively for that purpose.  Alternative One, because it rebuilds
only existing power lines, requires NO new land for rights-of-way, except for a
few temporary access roads for construction.

5.        What about jobs? 

We know from the TrAIL project that AEP/Allegheny will probably use Kenny
Construction from Illinois for PATH's construction and Supreme Industries from
Connecticut to clear land.  Both companies bring their own specialized workers
and hire few West Virginians.  Dominion has already said that its rebuilding of
Mt. Storm to Doubs can be done with a lot of their own workers and local
companies.  This is quite likely also true of Allegheny's rebuild of Pruntytown
to Mt. Storm.  Therefore, rebuilding will probably mean more jobs for WV than
PATH.

6.        Will the rebuilding be as good as PATH at fixing the problems PJM has
identified? 

Rebuilding will fix all but a few of PJM's problems.  Those problems would
appear only at the end of PJM's 15-year planning period, so there is lots of
time to fix them individually, and, with the cost savings from the rebuild,
there is lots of money to fix these few problems, if they appear.

7.            Will WV ratepayers still pay for the rebuild? 

Yes, it is likely that FERC and PJM will still make us pay for the rebuild
project, but its cost will only be 20 to 30 percent of PATH's cost.  Like PATH,
the cost of the rebuild will be spread over all ratepayers in PJM, not just
those in WV.

For more information, visit the Coalition for Reliable Power





FERC COMPLAINT ALLEGES PATH WRONGLY RECOVERED OVER $3M FROM RATEPAYERS

January 25, 2011

Two West Virginia citizens have filed a formal complaint with the Federal Energy
Regulatory Commission alleging that the PATH Company subsidiaries of Allegheny
Energy and American Electric Power have wrongly charged over $3 million in
improper expenditures to electric ratepayers in 13 states and the District of
Columbia.

In their Formal Challenge to the Potomac-Appalachian Transmission Highline, LLC
2010 Formula Rate Annual Update, filed Friday with the Commission, Keryn Newman
of Shepherdstown and Alison Haverty of Chloe say their review of 2009 project
costs revealed a pattern of misleading marketing efforts using funds
inappropriately charged to ratepayers and a range of accounting errors.  The
complaint asks that the FERC not accept PATH’s Annual Update and begin a broader
investigation.

Newman and Haverty allege that the PATH Companies wrongly recovered expenses for
a $2 million advertising campaign and over $1 million for creation and
management of front groups and a propaganda program carried out with private
groups and inappropriately billed as “public education.”  The women describe
improper lobbying and charitable donations, and actions to suppress citizen
opposition in Loudoun County, Va.

“This Challenge tells the story of PATH’s public relations war against the
customers they are supposed to serve, as revealed to us by the money they spent
-- our money,” said Newman.

The 275-mile PATH electric transmission project is currently being considered by
state regulatory commissions in West Virginia, Virginia and Maryland.   Regional
grid operator PJM Interconnection has collected an annual revenue requirement
for yearly PATH expenses from PJM’s 51 million ratepayers every year since 2008.

"We all see our rates going up, but rarely do we understand why.  It is
extremely upsetting to know PATH spent almost 20 percent of their collected
costs on front groups and advertising for a project they can't get approved.
They just asked for another delay in the approval process.  It's a nightmare for
the thousands of West Virginians whose lives are in limbo.  When you see
injustice like this, you have to try to do something," said Haverty.

Bill Howley, who writes The Power Line blog that has focused on the PATH project
for the last three years, said, "The FERC challenge reveals just how out of
control FERC's cost recovery system has become.  This rate increase scheme for
PATH was created by FERC almost four years ago, and now Dominion Virginia
Power's Alternative One has made PATH completely unnecessary.  Ali and Keryn are
right, and all West Virginia consumers should stand by them in their fight
against this crazy system."

Newman and Haverty have been examining PATH’s costs since last summer using
rules designed to provide public transparency.  The two citizens filed a
Preliminary Challenge on the PATH Companies last November, which was not
answered to their satisfaction.

“The burden has now shifted to the PATH Companies to prove the accuracy of their
accounting and the prudence of their expenditures,” said Newman.

The PATH Companies have 20 days from the filing date to produce their answer to
the Commission.

A copy of the complaint can be viewed on the following FERC docket: 
ER08-386-000

Or downloaded here (small file - complaint only) or here  (large file -
complaint and exhibits)

How much do PATH's dumb ads cost you?


WHAT'S THE STATUS OF PATH?


The PATH case was recently tolled for the fourth time at the WV Public Service
Commission.  This means the case has been delayed again, with a total delay of
almost two years so far since their original application was filed in May,
2009.  These continual delays result from PATH's "Need" case falling apart again
and again, requiring them to ask for delay after delay.  As it stands now, the
case will resume in the spring, with evidentiary hearings scheduled for October,
2011 and a decision on February 9, 2012.

In Virginia, PATH's recent request to toll the case was denied by the VA State
Corporation Commission.  The Virginia case will proceed on the schedule that has
already been set, with public hearings in Winchester and Purcellville on
February 2 & 3, and evidentiary hearings in Richmond in April, 2011.  A decision
will be rendered in Virginia before September 20, 2011.

The Maryland PSC is still contemplating PATH's recent request to toll the case
in that state.  The current schedule calls for evidentiary hearings to begin in
May, 2011.  The Maryland case is an unknown at this time.



PATH SEEKS DELAY IN THREE STATES
"I SMELL DECEPTION!", SAYS WELL-KNOWN BLOODHOUND


There's deception here somewhere. I can smell it!
The deadline for a response to the West Virginia PSC Staff's motion to dismiss
the PATH case was Monday, December 20.  At the last minute, PATH fell to its
knees and begged for another 6-month delay in the case.  They followed by
issuing a press release claiming that the delays are necessary because PJM has
come up with new load forecasts that may change PATH's required in-service date
and these new forecasts won't be ready until late-March 2011.  Wow!  What a
coincidence!  PJM's numbers changed on the very same day that PATH was forced to
ask for a fourth delay of the case in West Virginia because their case for
"need" has once again fallen apart.  On December 21, they also filed for delays
in Virginia and Maryland.  The Commissions in all three states will be
considering whether to grant PATH's request.  It's not looking good for them. 
Viable, less expensive and less intrusive alternatives to PATH have recently
come to light and will be considered, despite PATH's and PJM's attempts to sweep
them under the rug.  Another delay so that PJM can attempt to remake PATH's case
for them is unconscionable and deceptive. 

It's all up to the three state Commissions now to do the right thing for their
citizens.


--------------------------------------------------------------------------------


WV PSC FILES MOTION TO DISMISS OR TOLL PATH CASE


On December 10, the staff of the West Virginia Public Service Commission filed a
Motion to Dismiss the Filing as Insufficient or in the Alternative, Require PATH
to Request a Tolling and Implement Further Case Processing Procedures.  For more
see StopPATHWV blog.



THE PATH TO NOWHERE


PATH is once again without an end point.  Isn't that how we ended 2009 as well? 
The Frederick County Board of Zoning Appeals recently turned down PATH's
application for a Special Exception to construct their proposed 42-acre
substation in an agricultural zone surrounded by over 1300 homes in Mt. Airy,
Maryland.  PATH can now engage in a lengthy court battle with Frederick County
and the Maryland Public Service Commission over siting of the substation, a
delay that could take years.



PATH/LOUIS BERGER GROUP SURVEYS IN JEFFERSON COUNTY


If you're looking for information about PATH surveys in Jefferson County
currently being conducted by employees of The Louis Berger Group, see this blog
post.  PATH needs your permission to conduct these surveys and if you have not
signed a survey permission form, they are TRESPASSING!



VA SCC SETS PROCEDURAL SCHEDULE FOR PATH APPLICATION


Yesterday, the VA SCC issued two orders regarding the PATH application in that
state.  One order denies the staff's motion to hold the application in abeyance
BUT orders that Dominion Virginia Power's rebuild proposal be fully developed in
the PATH case.  The second order sets a procedural schedule for the case, with
hearings in late April, 2011.  Read an excellent analysis of the orders at
Calhoun Powerline.



VIRGINIA SCC STAFF DEEMS PATH APPLICATION "INCOMPLETE"
MARYLAND OFFICE OF PEOPLE'S COUNSEL REQUESTS DELAY IN MARYLAND PATH CASE


I hope you have perfected your "I told you so!" smile, because here's your
opportunity to use it!

The staff of the Virginia SCC have filed a motion seeking to have PATH's recent
application in that state suspended until it is complete.

Also, the Maryland Office of People's Counsel cannot agree to the setting of a
procedural schedule in that state due to the piecemeal way in which the
application was submitted, as well as PATH's failure to provide requested
information.

No need to reinvent the wheel -- The Power Line has a very good analysis already
posted.  Please go there for details.



PATH RE-FILES IN VIRGINIA - CITIZENS ARE READY!


On September 20, PATH finally re-filed in Virginia, after an almost 10 month
delay to try to get their act together.  The Virginia opposition groups are
well-rested and ready to go after them again.  See this article.  The complete
application can be found at the Virginia State Corporation Commission's website
or on PATH's website.  Did PATH actually follow the instructions for re-filing
they were given by the Virginia State Corporation Commission when they were
granted dismissal of their original application in January (see articles at the
bottom of this page for details)?



PATH PROJECT DELAYED AGAIN!


NEW DECISION DATE JULY 28, 2011

On September 10, the WV PSC issued an Order granting another toll requested by
PATH, which delays the deadline for a commission decision to July 28, 2011. This
time, the excuse was that PJM had made a mistake in the base case analysis that
the applicants submitted as proof of "need" on July 8. PJM's credibility
continues to decline. The PSC ordered the applicants to submit a response
detailing the status of the PATH case in Virginia and Maryland, and the
applicants submitted a narrative fantasy full of "assume" and "expect" that
lacked any solid facts. Fact: There is no application in Virginia at this time.
The Maryland application has still not had a procedural schedule set. Despite
this, the WV PSC feels confident that the procedural schedules in all three
states will be reasonably well-aligned and granted the toll. Practice saying
these words with a smile on your face in front of a mirror: "I told you so!".
You will have a chance to show off your new skill in the very near future.




LAND AGENTS ARE COMING! 
STOPPATH WV HOSTS PROPERTY OWNER INFORMATION MEETINGS


We have received information that PATH land agents will be back in southern
Jefferson County within the next month and will be pushing harder than ever to
get property owners to sign purchase option agreements, sell their property
and/or sign survey agreements.  StopPATH WV will be holding another series of
landowner meetings designed to give you the tools and information you need to
protect your interests and negotiate effectively with these paid professionals
who want to separate you from your property as quickly and cheaply as possible. 
Find out the truth about other property owners' experiences with transmission
line land agents, the code of conduct these agents must follow, get a look at
one of PATH's Purchase Option Agreements, find out how your can protect your
interests and much, much more.

The first meeting will be held on Saturday, August 21st at 2:00 PM at the
Chestnut Hill United Methodist Church, 1497 Hostler Road, Harpers Ferry, WV. 
Parking available behind the church -- meeting will be held on the first floor
adjacent to the parking area.  The meeting and materials are free and all
concerned property owners are encouraged to attend.

Additional meetings will be held at other locations in southern Jefferson County
in the coming weeks.  Watch this website for details or sign up for our email
newsletter to receive meeting notices electronically.



IT'S ALIVE!





Allegheny Energy and American Electric Power (with the help of their Ygor, PJM
Interconnection), have reanimated their monster!

The West Virginia Public Service Commission PATH application process has once
again started the clock. PATH submitted new testimony on July 8. They claim that
PATH is now needed in June, 2015, according to PJM. Important changes to note in
the new testimony include a new estimated cost for PATH of $2.1 Billion and the
first two re-routes for the PATH project. These re-routes are in Grant, Tucker
and Hampshire Counties and will fall outside PATH's 2,200-ft. 'preferred
corridor'. If you are outside PATH's currently identified 2,200-foot wide
corridor, take this as the warning it is -- PATH's location can and will change
many, many times before it is actually built and could end up anywhere. The good
news here is that because of the new landowner notification law the citizens
worked so hard to have passed at the legislature early this year, PATH now has
to notify landowners via certified mail at least 30 days before the deadline to
intervene has passed.

Because of delays, filing issues and dismissals of PATH's Virginia and Maryland
applications, West Virginia's is now set as the first one of the three state
cases to be heard and decided upon. This means we need to put our best foot
forward as we proceed, and we're going to need everyone's help along the way. If
you haven't already, contact us to sign-up for our email newsletters and action
alerts so you will know what to do and when to do it. Right now, we are asking
folks to submit their comments regarding the scope of the Environmental Impact
Statement that must be completed for PATH. Calhoun Powerline has a good article
that explains what you need to do. If you have further questions, feel free to
contact us.

In Maryland, the PSC seems to have settled the issue of the proper entity to
apply for the PATH permit and have accepted PATH's application. The case has not
had a procedural schedule set yet, so the clock has not yet begun to run in that
state. In Virginia, there is currently no PATH application filed. PATH claims
that they will file a new application in the third quarter of 2010. PATH will
continue to pursue their plans, no matter how illogical or flimsy they are --
there's a huge profit to be made by these corporations and money is like the
carrot on the end of the stick to them.

We are also in desperate need of donations to help fund expert witnesses and
legal fees necessary to present our case before the PSC. The case is moving now,
and we have to pay these professionals for their work. As much as I hate to step
onto the 'Hey, buddy, can you spare a dime?' soapbox, we're going to need
financial help from as many folks as possible. Please, please seriously consider
donating whatever amount you can afford -- see our 'Make a Donation' page for
details on how to contribute. There is no one in Jefferson County who can say
with certainty, 'PATH won't affect me'. This thing will be visible for miles and
will devalue property and lower our tax base, resulting in higher property taxes
for everyone. PATH will also increase the amount everyone pays for electric
service; pollute groundwater resources due to our Karst topography combined with
construction activity and application of herbicides; degrade Harpers Ferry
National Park, the Appalachian Trail and the C & O Canal; increase dangerous EMF
levels on the exposed population (which will include the staff & students at
South Jefferson Elementary School); threaten the Blue Ridge Mountain Volunteer
Fire Company location; and subject us to serious environmental consequences.
None of PATH's electricity is for us, and for the first time, PJM's future plans
show new lines transporting PATH's power to New Jersey. Stop the sacrifice of
West Virginia - Stop PATH!


PSC CASE SET TO RESUME JULY 8, 2010

After two different delays, the West Virginia Public Service Commission PATH
case is set to resume on July 8, 2010 with the applicant's submission of updated
need information.  If the case stays on schedule, a decision in West Virginia is
expected on May 16, 2011.

PATH must receive approval from all three states through which it is proposed to
pass before the project can proceed.  Their application to the Maryland PSC has
still not been accepted, and there is no application filed in Virginia, and one
is not expected before third quarter 2010.


PATH INSERVICE DATE SLIPS ANOTHER YEAR INTO THE FUTURE

On June 18,  in a calculated public relations move, the PATH companies fanned
the flames by making some "big announcement" that PJM has determined that PATH
will be needed in June 2015.  This is not news to those who have been following
this case.  Calhoun Powerline broke this news on June 10.

Past PJM analysis of the need for PATH was thoroughly dissected by grid experts
on behalf of the State of Virginia and The Sierra Club and proven false early
this year, which resulted in PATH's Virginia application being dismissed.  We
don't expect that PJM's latest analysis will hold up under closer examination
either.  Demand for PATH has become even shakier and we have confidence that the
regulatory bodies in all three states will make a careful determination of need
by weighing all the evidence presented by both sides.

The real story here is that dropping demand has pushed even a created need for
PATH another year into the future.

Join us in exposing the truth about PATH and supporting the opposition through
your participation in StopPATH WV events, keeping up-to-date with balanced news
reports, and with your greatly appreciated donations toward our expert witness
fund.  This is our county, this is our land, these are our neighbors, and for
some of us, this could be our health and future. Thanks for your support,
everyone!







PATH BEHIND R.L. REPASS & PARTNERS, METRO RESEARCH & MCMILLION RESEARCH SURVEY
PHONE CALLS AND FOCUS GROUPS

PATH partners American Electric Power and Allegheny Energy have found a new way
to waste the ratepayers' money on their PATH marketing campaign.  The money to
fund this is most likely coming out of your pocket if you're one of the 51
million ratepayers in the PJM region.  If PATH's out-of-control spending makes
you furious, just think about how the PJM ratepayers in North Carolina, Indiana
and Michigan feel about it.

Communications counsel & opinion research firm R.L. Repass & Partners, Inc.. has
been hired by AEP & Allegheny Energy (see client list on page 6)  to "take the
pulse" of the public in West Virginia through phone surveys and focus groups.
 Repass also provides marketing-communications strategy development and
strategic and tactical communications for their clients dealing with complex
issues and intense media scrutiny.  They also offer crisis communication
research designed to enhance, protect and restore company reputations and
evaluate strategies for improved community support.  In short, they're the go-to
guys when your company's reputation is in the dumper and you are the most hated
and least trusted corporation on the block.  For a fee, Repass promises to get
into our heads, find out what makes us tick, come up with ways to control our
thought process and turn us into the docile, accepting sheep that AEP &
Allegheny Energy need to get their unneeded transmission project approved.

Citizens have been receiving phone calls from either Repass affiliates Metro
Research or McMillion Research, and in some instances even from Repass itself,
for phone surveys or invitations to attend focus groups for which you will be
paid $100.  Of course, you will pay that $100 back in your electric bill, plus a
14.3% FERC incentive, so it's really not at all like winning your own
mini-lottery.

If you didn't read the R.L. Repass brochure linked above, here's something you
should be aware of:  Repass offers "remote monitoring of interviews from the
client's home or office telephone" while they are doing their survey phone calls
through their affiliates.  I assume this means without the knowledge of the call
recipient.  So, be aware that while you're talking to the survey person on the
phone, "big brother" at AEP or Allegheny headquarters may be eavesdropping on
your conversation.

We encourage you all to participate when you get the call.  If you ask too many
questions about who is paying for or conducting the survey or focus group, they
will usually hang up on you, so be a sport and play along.  Ask your friends,
neighbors, family members and others you know to play along, too -- spread the
word!  Whether you answer their questions honestly, or choose to give random or
untruthful answers, is entirely up to you.  Write the questions down and let us
know about any new material by emailing keryn@stoppathwv.com

Likewise, if you get invited to one of Repass's focus groups, contact us to find
out what we learned at the ones they held last week, methods and messages, and
how you will be observed and recorded during the session.

Here's a sample of some of the questions they have been asking, if you want to
think about what your answers will be in advance:

Do you feel we need to improve/build more:  roads, gas lines, jobs, transmission
lines?

Is the cost of electricity too high?

Should we protect the environment or build new transmission lines for cheaper
power?

Would we need new transmission lines to bring alternative energy sources like
wind & solar to market?

Have you heard about any of the following:  Long list of items, including TrAIL
& PATH.
If you indicate that you have heard about PATH, they want to know what you think
about it, what you know about the status of the project and what you have heard
about it and from whom.

Rate your opinion of the following companies:  Toyota, coal companies, other
major corporations, Appalachian Power, Allegheny Energy and American Electric
Power.

What is your opinion of The Sierra Club?

What is your opinion of West Virginians for Reliable Power, (PATH's phony
"grassroots" front group that you're also paying for)?

Where do you get your information about PATH?  Choose TV, radio, newspapers,
friends, public meetings or the internet.

Have PATH land agents been fair to landowners?  Agree/Disagree

What is your opinion of the Public Service Commission?

Will new transmission lines lower our electric rates?

Is PATH a pipeline to the northeast with no local benefits?



What advice do you suppose Repass will give to AEP & Allegheny after the survey
is complete?   It's entirely up to all of you!






WV PSC DELAYS PATH CASE AGAIN
NEW DECISION DATE  MAY 16, 2011

On June 3, the WV Public Service Commission granted PATH's motion to toll the
case for another 3 months.  The new decision date has been set for May 16, 2011.

PATH claims that the delay will more closely align the PSC case schedules in the
three affected states, but that's the same specious argument they've been using
over and over.  The application in Maryland has not been accepted yet, and there
is no pending application in Virginia.  What the delay actually does is give our
side more time to review the additional data that PATH will submit on July 8,
2010.  This delay was requested of PATH by the PSC staff.

Also in this order are rulings on a plethora of other issues; from motions to
compel to land agent activity to complaints about dangerous PATH helicopters and
PATH marketing schemes.  Everyone should read the order.  Also see our
StopPATHWV blog for additional comments and things you can do and ways you can
protect yourself from PATH abuse.






RESOLUTION OF APPRECIATION PRESENTED TO SENATOR UNGER



To show their appreciation for his faithful efforts toward the passage of West
Virginia Senate Bill 614, members of StopPATH WV presented Senator John Unger
with a Resolution of Appreciation during their meeting on April 19th.  SB 614
provides for greater protection for West Virginia landowners during the siting
of high-voltage transmission lines.  In the future, applicants for a
transmission line will be required to notify landowners within their specified
"preferred corridor" that their property is subject to eminent domain taking at
least 30 days before the deadline to legally intervene in the case before the
Public Service Commission.  This will give landowners a voice in the process for
approval.  As of this late date, there are still property owners who are not
aware that PATH is a threat to them, according to a recent filing in the case by
the applicants.

Senator Unger heard our collective voice and worked with citizens to draft the
bill, was instrumental in re-building the bill after it was initially gutted,
worked to gain support in the legislature, and finally shepherded the bill
through final approvals and signature by the Governor.

StopPATH WV President Roger Eitelman presented Unger with this Resolution of
Appreciation, signed by 96 citizens from a number of counties across the state. 
The group also presented Unger with a "Stop the PATH of Destruction" t-shirt and
glow-in-the-dark bracelet reading "Oh No!  We won't glow!", referring to the
adverse health effects that are expected to be experienced by the exposed
population.

Senator Unger told the crowd that he wasn't the hero in the passage of the bill,
but that the title of hero belongs to all the citizens who have worked so hard
on its passage and continue their efforts to halt the PATH project.   That the
bill passed on the first attempt was called "amazing" by Unger and he credited
the constant pressure on the legislature by concerned citizens for its success.

"You are giving hope to a lot of people throughout the State that are being
trampled on by corporations making a huge profit", said Unger.

Unger stated that he represents people, not corporations.

"You are an example to others", continued Unger.  "Citizens banding together to
change their government is what built this country", he said, referring to the
Boston Tea Party. 

Senator Unger closed with encouragement to persevere and stick together while
the power companies attempt to wear us down.


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LANDOWNER NOTIFICATION BILL SIGNED BY GOVERNOR MANCHIN

The landowner notification bill (SB 614) was signed into law by Governor Joe
Manchin on April 2.  The bill will become effective on June 11, 2010.


This important law provides for notification of landowners in the preferred
routing corridor of a new transmission line by certified mail no later than 30
days before the period to intervene in the case before the PSC closes.  The new
law also requires the PSC to consider the best interests of West Virginians when
making a decision on a proposed project.


While this won't have any effect on the current PATH case, at least property
owners affected by future transmission line proposals will have a chance to
become involved in and attempt to influence PSC decisions regarding need,
effects and routing of new transmission lines.


The success of this grassroots effort is due to the tireless efforts of many of
the current intervenors in the PATH case, as well as the many concerned citizens
who made the effort to let the legislature know their wishes.  Together, we can
change the world and leave it a better place than we found it!




STOPPATH MARKS CLEAN AIR DAY

Scouts plant trees marking Clean Air Day
StopPATH WV marked The Sierra Club's National Clean Air Day on March 16 in
Summit Point by donating and planting several Arborvitae Green Giant trees at
South Jefferson Elementary School, assisted by members of Charles Town Cub Scout
Pack 42 and Boy Scout Troops 42 & 33. The trees will provide a screen for a
fence on the school's grounds and contribute to clean air efforts in Jefferson
County.


The Sierra Club's National Clean Air Day supports efforts by the Environmental
Protection Agency (EPA) to strengthen safeguards against smog under the Clean
Air Act.  With a 40-year track record of successfully reducing pollution while
allowing economic growth, the Clean Air Act proposal will bring significant
reductions in dangerous smog. EPA’s proposal calls for the primary limit for
ozone, or smog, to be lowered to between 60 and 70 parts per billion—within the
range that doctors and scientists say is protective of human health. The agency
is also proposing to lower the secondary limit, which helps to lessen
environmental problems like haze.

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StopPATH & Boy Scouts team up to promote clean air in Jefferson County
South Jefferson Elementary School is situated less than 1,000 feet from PATH's
proposed route in Jefferson County.  Thousands of trees could be lost to PATH's
proposed new 200 foot cleared right-of-way.  StopPATH WV recognizes the
importance of clean air in Jefferson County and the benefits of local community
action to protect and preserve our schools and community.


We thank the local scouts for their assistance with this effort.   Assisting
were Samuel Smith, Tommy Carte' and Gavin Megonigal, all Webelos from Charles
Town-based Pack 42.  Also assisting were Johnny Campbell, Bear Scout from Cub
Scout Pack 42, Connor Campbell, Boy Scout from Troop 42, Kelly Campbell from
Troop 42 and Jake Newman from Troop 33 in Shepherdstown.  


Participating from StopPATH WV were Patience Wait, Steven Smith, Sharon Wilson,
Keryn Newman and Robin Huyett-Thomas. 

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STOPPATH WV ATTENDS E-DAY AT THE CAPITOL


Steve Smith, Keryn Newman, Patience Wait and Roger Eitelman traveled to
Charleston on February 24 to attend the West Virginia Environmental Council's
E-Day events.  From 9:00 to 3:00, they took turns staffing the StopPATH WV table
in the lower rotunda and visiting various legislators.  We had lots of visitors
at our table and educated both citizens and legislators alike about PATH.  In
the afternoon, Roger and Steve attended the House Energy, Industry and Labor
Committee meeting to witness HB4403, the PSC reform bill, being voted on its way
to the Judiciary Committee, who will hopefully send it to the floor of the
House.  It was thanks to the many citizens who called and emailed legislators
that the vote was an overwhelming majority!  Please keep up your efforts to get
this bill through Judiciary.  Together, we can make a difference!

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Roger and Keryn took a break and drove over to the West Virginia Public Service
Commission's office where Roger delivered 2,276 petition signatures opposing
PATH to executive secretary Sandra Squires.  Although probably none too happy to
see us with a huge folder of papers her staff would have to scan and docket, Ms.
Squires was very gracious and met us personally and posed for a photo.


You can see the petitions on the PSC's online docket by clicking this link.   

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In the evening, we attended the Environmental Council's E-Day Awards Dinner and
Banquet.  Bill Howley of Calhoun Powerline was honored with the Laura Foreman
Grassroots Activist award for his hard work and dedication in educating the
public with "the real facts" about PATH.  Congratulations, Bill, and thanks from
all of us here at StopPATH WV for all you do to bring truth and balance to
PATH's propaganda campaign!


If you aren't a regular reader of Calhoun Powerline, check it out here 

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VA SCC GRANTS PATH MOTION TO WITHDRAW 

From the SCC press release
    Yesterday (Jan. 27) the Virginia State Corporation Commission (SCC)
dismissed the case in which PATH Allegheny Virginia Transmission Corporation was
seeking approval to build the Virginia portion of the proposed PATH high voltage
transmission line. The SCC granted PATH’s motion to withdraw its application and
terminate the proceeding. The segments in Virginia were part of a high-voltage
line planned from the existing Amos substation near St. Albans, West Virginia to
a new substation at Kemptown near New Market, Maryland.

Should the company re-apply in Virginia, the SCC directed that, in addition to
the other requirements attendant to a transmission line application, any future
application must include information regarding:


 * PJM Interconnection’s Regional Transmission Expansion Plans of 2010 or later
   and PJM’s 2010 or later Reliability Pricing Model auction.
 * Updated load flow analyses in the form requested for this case (which showed
   no need for the PATH line in 2014).
 * An analysis of changes in circumstances, including changes in generation,
   demand response, and energy efficiency resources.
 * The PATH Project’s original routes (including routes that do not impact
   Virginia) consistent with the information provided regarding other proposed
   and alternative routes.
   
   This is good news - but we can't let our guard down. In newspaper articles
   today about the dismissal, PATH representatives are saying the application
   will be resubmitted in the third quarter of this year (July-August-September
   time frame). This clearly puts the lie to their argument in Maryland that
   they're trying to get all three states on the same procedural calendar, but
   it means it's not dead.
   
   We owe a great deal of thanks to the dedicated opponents in Virginia, and the
   expert witnesses for the Sierra Club, Earth Justice, and the SCC staff, who
   did such great work!
   
   Now attention will turn to Maryland, where that state's Public Service
   Commission has not yet decided if it will accept the OLD "new" PATH
   application (all the original need arguments, so thoroughly discredited in
   the Virginia case, wrapped into a new application).
   


UPDATED: VA SCC WEIGHS LETTING PATH WITHDRAW APPLICATION

The VA State Corporation Commission (SCC) is weighing the recommendation of its
hearing examiner in early January to allow PATH to withdraw its application
there. Following oral arguments Dec. 30 on PATH's request to withdraw, the
hearing examiner attached possible conditions to his recommendation, including a
requirement that any new PATH application include the most up-to-date forecasts
incorporating demand response programs, energy efficiency, any changes in
generation capability (new plants added, old ones closed), and more information
on routing decisions.

This is noteworthy because PATH was forced to file an amended motion to withdraw
in late December; the amended motion included PATH's acknowledgement that PJM
(the regional organization that blesses all such projects) has started making
new need forecasts based on better information, and has already concluded that
PATH will NOT be needed in 2014!

Here’s a link to the amended motion, so you can read it for yourselves.

What does this mean for PATH in West Virginia?

IF Virginia either dismisses the application or allows PATH to withdraw it, it
raises interesting questions about the project in West Virginia. After all, in
the current design there’s no way to get from West Virginia to Maryland without
crossing Virginia. And if they try to reconfigure the route to avoid Virginia,
(a) they might very well have to file a new application anyhow, since it would
be such a significant change, and (b) they’d have a VERY hard time arguing the
project is needed in these two states when they already acknowledged in Virginia
that it’s not needed. But stranger things have happened …

Anyhow, it’s very possible that we’ll know the Virginia SCC’s decision in the
next few days.

Keep your fingers crossed and your prayers flowing!

Copyright 2010 StopPATH WV, Inc.