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Looks like PATH is planning to have a bunch more trespassing "accidents".  From their website:

Starting in August and continuing through October, multiple contract survey crews will be working in public highway rights-of-way for the PATH project. Each contract survey crew, consisting of two or more people, will be using conventional and GPS (Global Positioning System) surveying equipment. The purpose of this activity is to support preliminary engineering studies for the PATH team. This surveying will not require the contacting of private property owners.


No, this doesn't mean they are considering routing PATH up the median of the interstate.  It means that they will be utilizing what they believe are public road rights-of-way to do their surveying.  Your property has road frontage (it doesn't have to be a highway) and as part of this, your property bordering the road is under easement for operating and maintaining the roadway.  This doesn't necessarily mean that your particular easement is "public" for PATH's purposes.  However, considering PATH's track record with "accidental" trespass on numerous properties in order to carry out their "surveys", be aware that many more "accidents" could reasonably be expected to happen, so keep an eye out and know the width of your particular easement so you can determine when the trespassing begins.  If you have questions about this, consult an attorney.


If you're lucky enough to live in a subdivision with a privately maintained road system, you have every right to ask them to leave immediately.


You could wake up one morning, open the blinds, and come eye-to-eye with a PATH survey crew set up on the edge of your property along the roadside, with no prior notification or request for permission.


There are lots of great dogs on death row at your local animal shelter.  Adopt one... or more!  They truly are a man's (or woman's) best friend.
 
 
Gather 'round kiddies, it's story time!

PATH counsel has filed the description of the current state of the PATH project in Maryland and Virginia, as ordered by the WV PSC last week.

I'm really surprised the first four words weren't "Once upon a time," because it reads more like a fairy tale than a factual description of case status.

Here's how often wishy-washy weasel words were used:

expect - six times
assume - twice
believe - twice
anticipates - four times
intend - once
potential - once

There are very few facts, just wishes.  Let's help them out.

Maryland hasn't set a procedural schedule yet.  There is a pre-hearing conference scheduled for September 28. PATH has no idea what will happen afterward.

They haven't filed an application in Virginia yet.

They have no idea what the procedural schedules will be in either state, therefore, they don't know if they will be aligned.

See how easy that was?  Facts -- short and sweet.

So why should West Virginia continue with this case right now?  Not to "align the procedural schedules in all three states", that's for sure.  Are counsel for PATH trying to mock the WV-PSC?  If the Commission believes PATH's wish list provides any assurance that the case will move forward with no further delays, then I'm 5'8" and blonde.
 
 
While spending a week with other organizations and vendors in the Jefferson County Fair's "tent alley", you get to know your neighbors.  Great for conversation during slow times, borrowing and trading supplies and tools, and getting information about items of interest.


Today, I was sent a copy of an article posted on Jefferson County's Listener web group by fellow fair booth resident Ed Dunleavy that's worth sharing.  Thanks for the kind words of support, Ed!


After accumulating information during the last several years regarding the Potomac Appalachian Transmission Highline (PATH), I attended several informational meetings recently. As many County residents know, PJM, a regional electric transmission operator, created the PATH project and designed it to supply electricity to the NY- NJ market from coal-fired generating plants in the Ohio Valley. After researching this project, I've reached the opinion that the proponents of PATH should be embarrassed by this project. It is travesty being foisted upon the residents of Jefferson County solely to satisfy their corporate greed. 

The economic rationale for PATH is that east coast residents will pay higher rates for the electricity of Allegheny Energy and American Electric Power, two of the partners in PATH. However, the cost of PATH, which is estimated to be $2.1 billion will be paid for by ratepayers in 13 states including West Virginia, while none of the electricity will be delivered to WV ratepayers. 

The proposed route for the PATH transmission line has been changed three times and may be changed again; so if you haven't been interested in this project; watch out - because it could pass by your home eventually. Its present proposed route will deface and despoil the County's landscape and many of its historical sites and homes. 

In my opinion, PATH is a pending disaster for the residents of Jefferson County. Luckily, a coalition of Jefferson County landowners formed StopPATH WV, Inc. to intervene before the WV Public Service Commission. This group of citizens should be congratulated for their tireless dedication to both keeping the public informed and continuing the effort to stop PATH. Last week, I spoke with a number of this organization's members at the Jefferson County Fair. I urge all Jefferson County residents to visit their website at: www.stoppathwv.com. The website provides information needed to understand PATH and its potential to ruin the County's landscape. I also urge County residents to join in the effort to stop PATH, sign their petition, and donate to the cause.

Ed Dunleavy
Independent Candidate for
Jefferson County Commission
www.Dunleavy4CC.com 
 
 
Word from our Maryland and Virginia compatriots is that PATH has donated money to "sponsor" Brunswick Railroad Days on October 2 & 3, and that their logo appears on the program.  PATH seems to be under the impression that they can buy the support and goodwill of the folks who attend the event, as well as the town of Brunswick, and get a little PR equity at the same time.  The Town of Brunswick seems to be under the impression that taking a handout from PATH won't affect the attendance of locals who are being severely impacted by PATH's plans.  Looks like Tweedledee and Tweedledum are going to be very unhappy together.  When you lie down with dogs, you get up with fleas.

I won't be attending this year -- I refuse to give my support to a town and event that is so easily bought by a corporation with ruinous plans, not only for my area -- but their own backyard as well!  If you feel the same way, be sure to let the town of Brunswick know how you feel.

PATH has been quite busy "donating" to the communities it's about to devastate -- to the tune of $53,054 in 2009.  Reminds me of a praying mantis, where the female eats the male's head after mating.  I have heard many tales of organizations that were approached by PATH as donation targets who turned the money down or gave it back when they realized whose name was on the check. In fact, one tale included a quote from the Allegheny employee being handed back a check from PATH as saying, "We can't give this money away!"  Indeed. Who wants any of your dirty money?

Oh, wait, that's really MY dirty money -- because these donations come from electric ratepayers and are used as a deduction to PATH's income (which comes entirely from the ratepayers) for tax purposes.  Who pays PATH's taxes? You do and I do.  It's all part of that great cost recovery set-up they were granted by FERC.

Just say NO to Brunswick Railroad Days this year.
 
 
We've wrapped up another successful fair week here in Jefferson County and we would be remiss if we didn't publicly thank all the folks who made it happen.

Thanks to volunteers Steve Smith, Sharon Wilson, Patience Wait, JP & Donna Burns, Debbie Royalty, Robin Huyett Thomas, Cathy Jackson, Suzin Wright, Sondra Hosey and Bob Montgomery who kept our booth fully staffed and open for the entire week.

Thanks also to the local merchants and citizens who donated merchandise and gift certificates for our silent auction:  Dickinson & Wait Craft Gallery, DISH restaurant, Stan Beall, Sharon Wilson and Cathy Jackson.  Thanks also to our very talented local artists who donated beautiful pieces of art for the auction:  Kenneth Walker, Johanna Grodzicki and Scott Tatina.

The silent auction raised a significant sum to benefit our legal and expert witness fund and the winners were thrilled with their purchases.  Thanks to all who participated!

Special thanks to "Electra" aka Clissy Funkhouser who joined us Tuesday and Wednesday evenings to perform her "Wrath Against PATH" song at the booth and walk through the fair grounds enlightening folks about PATH's destructive plans for our area.  She was a big hit and crowd magnet wherever she went!  Watching heads swivel and seeing the looks on the faces of the crowd as Electra did her thing was quite entertaining -- the smiles were a mile wide and the curiosity went a long way toward getting our message out.  Who can resist a lady in a blinking light-up dress and hat (and, no, she's not Lady Gaga!)?

Special thanks also to our own little "mini-Mays" Samuel Smith who did his thing with the kid's games at the StopPATH booth.  Watch out world -- someday you're going to buy something from this expert salesman-in-training!

Last, but certainly not least, thanks to all the fair attendees who came by the booth over the last seven days and supported us with petition signatures and donations. It was both inspiring and gratifying to hear our own message repeated back to us thousands of times from perfect strangers.  Although the battle is far from over, the groundswell of public outrage at the PATH project and support for our efforts is overwhelming and demonstrates the effectiveness of a true grassroots movement.  While PATH spent currently unknown thousands of dollars (to be recouped from our electric bills) hiring RL Repass to conduct phone surveys and focus groups several months ago to gauge public opinion in Jefferson County, we accomplished the exact same thing for the extremely low cost of booth rental at the fair and a week of my time (free, but not cheap!)  PATH needn't waste any more of our money with additional propaganda campaigns in Jefferson County -- they are sure to be DOA -- PATH is not welcome in Jefferson County!  The public is not the uneducated, easily-swayed patsys they expected.  We're not anything like the stereotype PATH has labeled us with, but instead are knowledgeable, engaged and fed-up with West Virginia being used and abused for out-of-state corporate profits.

I am truly grateful and enjoyed spending time with each and every one of you this past week!

 
 
In an order from the WV PSC yesterday, PATH was directed to individually notify landowners who now find themselves in PATH's 2200 foot "preferred corridor" due to recent routing changes.  These landowners in Hampshire, Grant and Tucker Counties will be given the opportunity to intervene in the case if they file by October 19.  The PSC also provided text for the notice, which will prevent PATH from turning the notice into some sort of marketing/intimidation/half-truth tool similar to what they used in Virginia last year.


Bravo -- to the PSC for providing text for the notice; and to the citizens of West Virginia who worked so hard to get landowner notification legislation passed earlier this year; and to our WV legislators who proved that their interests are with the citizens they represent and not the corporate interests who are always in their face trying to influence or outright buy their votes!


The PSC has also decided to reel in the rope they have been playing out as PATH danced around their "align the procedural schedules in all three states" lie.  The PSC has ordered that PATH file a description of the current state of the PATH project in Maryland and Virginia within 14 days. Seems the PSC is finally losing their patience with the lies, subterfuge and delays coming from the applicants -- welcome to our world, commissioners!


PATH also received another slap on the wrist for the despicable way their land agents and representatives from Louis Berger Group have been lying to landowners, trespassing and attempting to intimidate them.  Keep those complaints coming, folks!
 
 
August 22 - 28 StopPATH WV will have a booth open at the Jefferson County Fair.  Hours are 3 - 11 on Monday, Tuesday, Thursday and Friday.  Wednesday 11 - 11 and Saturday 10 AM - 11PM.  We've got fun games, a new stock of StopPATH t-shirts, fans and glow-in-the-dark bracelets, as well as lots of handouts and information about the PATH project.  We are also hosting a silent auction offering original artwork and crafts donated by local artists, as well as gift certificates and merchandise donated by local businesses.  Bidding closes at 6 PM on Saturday. Come by and put in a bid and get a beautiful piece of art or useful gift certificate for a great price!  All proceeds from the booth will benefit StopPATH WV's legal and expert witness fund.

Don't miss Tuesday night's special event!  StopPATH member Clissy Funkhouser will be performing live at the booth singing her "Wrath Against PATH" song decked out in full costume after 6:00 PM.  Clissy is the original singer/songwriter of this creative musical protest.  If you haven't seen Clissy performing in full costume before, you can't miss this!

Hope to see you all there!
 
 
From our friends in Maryland, check out this post on the Maryland Energy Report blog.  You will most likely end up questioning why PATH has gotten in bed with such a crooked, inept company who is riding the taxpayer (and electric ratepayer!) gravy train for all it's worth.


Birds of a feather?
 
 
More PATH/Louis Berger group lies:

As part of the PATH permitting process, we are seeking approval to route the line across and adjacent to federal lands which include the:

Approval to cross these federal lands falls under the requirements of the National Environmental Policy Act or “NEPA.” The NEPA process provides a thorough evaluation by federal agencies of the environmental impact of PATH. We’re moving forward with efforts to obtain NEPA approval in order to coincide with the three state approvals that are also required for the project.

As part of this process, the PATH team is conducting information gathering studies across a large portion of the area of the proposed route in order to provide data to the federal agencies required for their evaluation. We are seeking permission from property owners along the proposed route and some adjacent land owners to gain access to their property to conduct these surveys and environmental studies.

In particular, we have members of our permitting team working to identify any wetlands, archeological resources, and any rare, threatened or endangered species that are present along the proposed route.

The sentence above highlighted in red is the 
big, fat lie. 
The Federal Environmental Impact Statement, which is being conducted by the National Park Service and U.S. Forest Service, is so early in the process that the scope of the study has not even been defined yet, much less at the field research stage.  The Federal EIS is being conducted by CH2M Hill, a contractor selected by the Federal agencies, and NOT Louis Berger Group.

Meanwhile, PATH contractor Louis Berger Group is conducting their own "studies" at the direction of PATH that have NOTHING to do with the Federal EIS.  I assume they think that the "information" and "data" they gather can be used in the future to influence the Federal study once it is underway.  If they think the Feds are just gonna roll over on this, they have another think coming.  Need I mention that the cost of the REAL Federal EIS is being billed to PATH (who in turn charges you for it in your monthly electric bill).  In addition, PATH's FAKE EIS "studies" conducted by Louis Berger Group are also being charged to you in your monthly electric bill by PATH.  The end result is that you get to pay TWICE for environmental studies!

So, PATH and Louis Berger Group are lying about conducting environmental surveys as part of the Federal process.  Just say NO to PATH and Louis Berger Group -- and yes to the REAL Federal contractor, when the process gets to that point many months from now.

You know what happens when you tell a lie:

When you stretch the truth, watch out for the snapback.

Ouchies!  This one is gonna hurt!
 
The PATH of Evil 08/21/2010
 
by Larry Wright, StopPATH WV member


There is much to be said about the PATH project; the focus of this opinion piece is the Constitutional, legal and moral basis for the PATH companies’ proposal. When considering any proposed government activity, or any "public/private partnership" such as PATH, the first thing one ought to ask is: “What function of government is this serving? Should the government be doing such things?” This leads to- “What are the legitimate functions of government?”

Thomas Jefferson laid this out for all of us in the Declaration of Independence, which reads in part- “That all men are….endowed by their Creator with certain Unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness, and that to secure these rights, Governments are instituted among Men.” This means that the first duty of government is to protect our natural rights, which are pre-existing and not dependent upon anybody else. The right to own, use and dispose of property is the most basic right on which all others depend. This being so, the government’s most important function, it’s ‘Prime Directive’ is to protect property rights. And that is indeed one of the things that our governments are supposed to do. But how does that work? What does the law say? Much of our current legal system derives from English law and tradition, but there are a few medieval concepts which would have been better left behind. One of these feudal vestiges is 'eminent domain', the power of the government to take private property without the consent of the owner.