StopPATH WV

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.

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 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!

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.

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.

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 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.

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. 

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!

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.   

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 

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).
  

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!