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Help!

2/20/2011

2 Comments

 
I wear lots of hats around here.  One that I don't talk about much is the official StopPATH WV, Inc. Treasurer hat, but it's quite an elaborate affair (think Carmen Miranda and her fruit chapeau).  Sometimes it gets kind of heavy and it's hard to keep it balanced properly while dancing around the StopPATH WV office.

I need your help, faithful blog reader.  Yes, there are quite a lot of you, I've noticed.  You may read this blog because:

1.  It makes you laugh.

2.  It gives you a smile of satisfaction watching the high and mighty get knocked down a peg or two quite regularly.

3.  It keeps you abreast of the latest developments in the PATH case.

4.  It's a handy-dandy road map for your own transmission line battle with other power companies; or conversely,

5.  You are one of those other power companies and you use it as a road map for what not to do.

6.  You just enjoy watching your corporate competition get its butt kicked over and over again.

7.  You're a PATH project employee and you think if you read this blog obsessively I'm eventually going to hand you a great big secret that you can use against the opposition and you'll be the first to read it; or

8.  Maybe you're just a creepy freak with nothing better to do...

If you're one of our regular readers in the above eight categories (or another I didn't mention -- I take suggestions!), I'd like to ask you to make a donation to StopPATH WV, Inc. 

I recently received an invoice from one of our experts and it had a lot of zeros in it.  While we won't have any trouble paying it thanks to our many very generous donors, it hurts my anal-retentive, geeky, bean-counting, treasurer's psyche to see our bank account take that kind of hit.  We need a quick infusion of cash before I start acting really crazy (yeah, yeah, I know, how would you be able to tell?)

So, if you find this blog useful, how about showing us a little love of the green variety?  We take checks or credit cards, heck, I'll even take cash, if that's your thing.  Go here to make a donation.


I don't think we'll be the beneficiary of any of PATH's ratepayer-funded "corporate stewardship" any time in the near future (but if we are that's one "membership" we promise not to complain about next year since it actually will benefit the ratepayers).  We depend entirely on donations from folks who want to see us win this battle.  I hope that group will soon include you.  Thanks, guys!
2 Comments

The facts about jobs and the PATH project

2/18/2011

2 Comments

 
What are the facts about PATH's claims that it will provide local jobs and economic benefit to West Virginia?  Despite what PATH promises, the facts don't seem to back it up.

In December, 2009, West Virginia State Building and Trades Council signed a Project Labor Agreement with the PATH companies that provides for "a major portion of work for Trades members".  However, this agreement only covers, "foundation and site preparation for the
substations as well as work on roads and buildings
."

The PATH proposal consists of 276 miles of transmission
line, of which Trades members are guaranteed "work on roads".  Since what PATH calls "most" of the transmission line runs parallel to existing transmission lines with existing access roads, there's a limit on the amount of work on roads needed. 

The "buildings" will exist at the substations.  There are two substations proposed for the PATH project.  One in Welton Springs, WV and one in Mt. Airy, MD.  This leaves only ONE proposed substation in WV.  I don't have details on the Welton Springs substation, but I expect it will be similar to the Mt. Airy substation.  I sat in on hours of hearings regarding the Mt. Airy substation in Frederick County, MD, last fall.  I learned a lot about the proposed Mt. Airy substation.  The "buildings" would be a white metal structure. 

At the Nov. 13 BZA hearing, Robert Dahlin of Kenny Construction claimed that there would be only 130 construction jobs on that substation overall during the 4 years it would take to build, approximately 50 jobs at any one time in each 4 - 20 week separate construction activity.  He said that these jobs would result in temporary, imported workers sprinkling their dollars around Frederick County with their Motel 6 stays, McDonald's meals and shopping trips to Wal-mart.  Kenny Construction, an Illinois company, is PATH's general contractor.  It sounded to me like they are intending to import workers to build the Mt. Airy substation, despite the Project Labor Agreement.

Those are the facts about promised jobs in the future; tenuous, at best.

So, let's take a look at the jobs and economic benefit PATH is currently providing to West Virginia while it's in its application and planning stage.

A look at some of PATH's vendors from their Construction Work In Progress (CWIP) FERC account in 2009, received from the PATH companies in discovery, reveals these vendors:

Burns & McDonnell, Missouri
Aycock, Pennsylvania
Contract Land Services ($11,250,526), Texas
DiGioia, Gray & Assoc., Pennsylvania and Virginia
GAI Consultants, Pennsylvania
KEMA, Inc., Massachusetts
Kenny Construction, Illinois
Louis Berger Group ($1,253,323), New Jersey
Technical Solutions, Inc., Pennsylvania
PAR Electrical Contractors, Inc., Texas
Tri-State Drilling, Inc., Minnesota

I won't say that there weren't any WV companies on the list, but they mostly seemed to be involved with minor work setting up office space for Contract Land Services offices in the state.  Contract Land Services provides those imported land agents that the citizens of West Virginia have come to know and love.  And the more than $11 million that they were paid for services in 2009 does not include the price of the land or rights of way purchased.  It looks like West Virginia isn't receiving many jobs or economic benefit from PATH's current application/planning process either.

However, all the expenses in PATH's CWIP account are paid for, in part, by West Virginia electric customers, along with ratepayers in 12 other states and the District of Columbia, with a 14.3% return on equity payable to the PATH companies every year.

What other PATH expenses are West Virginians paying for?  Being reimbursed by ratepayers at dollar-for-dollar are the PATH companies' "memberships" and "corporate stewardship" (go ahead, look this one up on google) expenditures in West Virginia.  Some notable "memberships and corporate stewardship" opportunities PATH has paid for with money recovered from ratepayers in 2009 include:

WV Business and Industry Council  $300
WV Chamber of Commerce $26,000
WV Economic Development Council $100
WV Manufacturers' Association $2,200

The "memberships" are for the purposes of "education of business leaders about PATH".  Was this ratepayer "stewardship" intended to curry favor with West Virginia industry and trades?  Is it really all about providing good-paying, long-term jobs and economic benefit for West Virginia's working population?  Doesn't look like it to me.

At the September 2009 WV-PSC PATH public hearings in Shepherdstown, a large contingent of union members from Cumberland, MD showed up.  A few of them were allowed to testify before the PSC caught on that the union was an intervenor and therefore prohibited from speaking.  One young man testified how he was out of work and needed the PATH project to put food on the table.  I will assume that the rest of the union crew were also without work at that time, enabling them to spend a weekday to travel 2 hours to another state to testify at a public hearing.  On that same day they were out of work and testifying at the public hearing, the TrAIL transmission line was being constructed by one of the PATH partners in West Virginia.  If there were local union jobs to be had from transmission line construction in WV that would put food on their tables, they would have been hard at work on TrAIL and not cooling their heels in the Shepherd University auditorium.

Read the testimony of two union boilermakers that The Power Line has highlighted in a recent post.  TPL also examines the jobs issue related to the PATH project and compares PATH to Dominion's Alternative One on the jobs issue.  Dominion uses local labor, not out-of-state corporations supplying transient labor for project construction, on their proposed transmission line rebuild projects in West Virginia.

So, what does the average West Virginia working man get out of the PATH project?  Maybe one of a handful of short-term, temporary jobs.  The rest of the citizens get the bill for the project, plus 14.3% return on equity paid to the PATH companies yearly.  And thousands of West Virginia landowners along PATH's route get their property taken by eminent domain or have their property devalued by new rights of way.  Many West Virginians, especially our senior citizens, have a huge portion of their economic worth tied up in their property.  When they are stripped of their carefully planned and expected return on equity on their property built over a lifetime, and in some cases over generations, they will never financially recover.

Are the inflated, pie-in-the-sky promises of a handful of jobs by two out-of-state energy corporations worth what the citizens of West Virginia are going to lose in return?  You decide.

2 Comments

Ratepayer Comments on FERC Docket

2/15/2011

0 Comments

 
The comments from ratepayers regarding the Formal Challenge to PATH's 2010 Formula Rate Annual Update have been pouring into FERC.  I've lost count, especially since yesterday FERC sort of gave up and stopped docketing the letters individually and began docketing them in daily clusters (check out the comments of Barbara Bergman -- they actually contain 18 pages of comment letters from other ratepayers).

This is some great stuff!  It seems that electric ratepayers aren't real keen on the possibility that they may be being ripped off to finance front groups, propaganda, "corporate stewardship", hunting groups, PATH's advertising campaign, and other challenged expenditures.

To read the letters, search the FERC docket here.  In the Docket Number field, type in ER09-1256 and click submit at the bottom.  This will bring up a list of activity related to the Formal Challenge.  Happy reading! 
0 Comments

PATH's answer to Formal Challenge at FERC

2/10/2011

7 Comments

 
Here it is, fresh from Pillsbury Winthrop Shaw Pittman LLP, one of PATH's DC law firms.

I can't comment here, but the rest of you... feel free to knock yourself out in the comments section...

For reference, here's the Challenge.
7 Comments

Risky Business

2/6/2011

2 Comments

 
We all know that PATH has as many different stories as Sybil had personalities.  Depending on the audience, PATH is "needed" to keep the lights on and avoid rolling blackouts; increase the "reliability" of the grid; save Maryland ratepayers money; or, during parent company earnings calls, to make a boatload of money for the company.  But, what would happen if someone doctored PATH's Pink Elephant cocktail with a little scopolamine and they were forced to tell the truth?

That's what happens in Allegheny Energy's Securities and Exchange Commission Form 10-K for 2009.  In this filing, they must reveal any risk factors to their investors.  Here are some quotes:

"The TrAIL Project and the PATH Project are subject to permitting and state regulatory approvals, and the failure to obtain any of these permits or approvals could have an adverse effect on Allegheny’s business.
The construction of both the TrAIL Project and the PATH Project are subject to the prior approval of various regulatory bodies. TrAIL Company has obtained the state siting approvals (subject to a pending appeal in Pennsylvania) necessary to construct TrAIL and is continuing to pursue necessary permits. Allegheny met with substantial political opposition, as well as opposition from environmental, community and other groups, in obtaining siting approval for TrAIL and is likely to encounter similar opposition with regard to the PATH Project. There can be no assurance that Allegheny will be able to obtain the regulatory approvals required in connection with these projects, particularly the siting approvals required to construct PATH, on a timely basis or at all. The inability to obtain any required state approval or other regulatory approval as a result of such opposition or otherwise, may have an adverse effect on Allegheny’s business, results of operations, cash flows and financial condition."

Remember that story about how PATH is "needed" due to increased demand?  Here's Allegheny's revelation on Risks Relating to Allegheny's Operations:

"Decreasing demand for electric power, as well as for certain commodities underlying the production of electric power and the related decline in market prices for power are adversely affecting Allegheny’s business.
During 2009, customer demand for electric power in Allegheny’s region fell significantly as a result of the ongoing economic recession and mild summer weather, among other factors. Overall demand for some of the commodities that underlie the production of electricity, and as a result the prevailing prices for those commodities, have also declined. Although power prices may be influenced by many factors, weakening demand for electricity, together with significantly lower commodity prices, have contributed to sharp declines in market prices for power over the past 12 to 15 months. Partly as a consequence of these declines, AE Supply generated significantly less power in 2009 than in 2008.
Allegheny can make no assurances regarding the impact of any economic recovery on demand and market prices for power. Improvements in demand and market prices for power, if any, may lag any future improvements in overall economic conditions, and it is also possible that the current economic climate could result in long-term reduction of demand for power in our region, particularly among large industrial consumers. It is also possible that changes in customer behavior, as a result of conservation programs such as EmPOWER Maryland and Pennsylvania’s Act 129 or otherwise, could result in long-term reductions in demand for power."

The paradox of this next revealed risk just gives me the giggles.  Remember, laughter is good for your health!

"Changes in weather patterns as a result of global warming could have an adverse effect on Allegheny’s business.  Allegheny also could be impacted to the extent that global warming trends affect established weather patterns or exacerbate extreme weather or weather fluctuations. Although Allegheny’s physical assets are located in a region in which they are unlikely to experience detrimental physical damage from the rising sea levels that have been modeled in various analyses that attempt to predict the effects of global warming, other weather-related effects that could be associated with global warming, such as an increase in the frequency and/or severity of storms or other significant climate changes within or outside of Allegheny’s service territory, may have an adverse impact on Allegheny’s business, results of operations, cash flow and financial condition."

The PATH companies continue to taint their parent companies' reputations with increasingly unsavory business practices intended to win approvals for their project by any means, fair or foul.  No matter how much lipstick they put on this pig, it's still a pig, and therefore:

"Energy companies are subject to adverse publicity, which may make Allegheny vulnerable to negative regulatory and litigation outcomes.
The energy sector has been the subject of negative publicity, most recently in the context of the dialogue regarding climate change. Allegheny has come under some scrutiny in this regard, and also has faced public opposition in connection with its transmission expansion initiatives, as well as certain of its demand-side conservation efforts and ordinary utility rate increases. Negative publicity of this nature may make legislators, regulators and courts less likely to take a favorable view of energy companies in general and/or Allegheny, specifically, which could cause them to make decisions or take actions that are adverse to Allegheny."

Not so sure of themselves, are they?  Fight on, people!
2 Comments

Submit your comments about the Challenge to FERC

2/1/2011

5 Comments

 
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, January 21, 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)

ACTION YOU CAN TAKE!

We are asking for you to add your voices to our FERC Challenge. It will only take a few minutes of your time and/or a stamp but here is the deal.  Comments on the challenge will only be accepted until the 10th of Feb. (20 days after the filing).

You can brave FERC's e-comment system and try to submit comments online  Update:  Nevermind FERC's online system -- it is set to take comments on hydro projects only.  You will have to go with the snail mail option detailed below.

At this link you will find a basic template w/the address and docket nos. for download.  All you need to do is add the date, your comments and your signature. You will need to stick it in the U.S. mail in enough time to be received by the 10th. If you want the FERC Commissioners to know what you think about the challenge and our assertion that PATH has over-collected from you, here is your chance. Ali and I would honored to have you join us.

We spent six months on this thing... please take six minutes and add your voice!

Any questions, let us know, and please feel free to forward this to all your contacts.

We are talking about over 3 million dollars we allege PATH had no business collecting from all of us as electric ratepayers in PJM's region.  If you pay an electric bill, this affects you!   Don't miss this chance to say NO!!

Thanks for your support!
5 Comments

Soap Opera Digest...

1/28/2011

6 Comments

 
In this week's episode of The (not so) Secret Storm, our heroine, Ali Haverty, files a Response to Applicants' Response to Motion to Compel.

Ali asks that counsel read her motion with as much care as she uses while choosing her words.  She then again states that she does not intend to disparage the Applicants in the previously mentioned forums, and adds a new one.  Ali doesn't intend to wear a sandwich board and pass out leaflets on Brooks Street either, just in case someone else does and the Tweedle twins decide to blame her for that too.  Hmmm... the list of things Ali doesn't intend to do, but which the Tweedles may think are possibilities, could be endless (and very entertaining!)  I'll leave the list of things that Ali could intend to do to disparage the applicants that she hasn't included on her list up to all of you readers in the comments section.  Since our Tweedle pals are such fans of this blog, you can help them write their next motion in this battle by giving them ideas!

Ali also doesn't intend to hypothesize the intentions of other parties in the case.  I guess that means she doesn't own a crystal ball, or maybe it's a Magic 8 Ball that Phil the Psychic uses in his mind reading tricks?

She also tries to clear up a little of their confusion regarding just what is being argued here.  I think they got so far off track in their last motion that they're having a hard time recalling what the argument was about before they turned it into a third party whine fest.  Maybe they lost track, but the rest of us haven't, despite their ridiculous antics designed to distract attention from the real issue.  The real issue here is why the Applicants felt the necessity to spend over $300,000 on state and federal lobbyists in 2009 when PATH is such a "sure thing".  Ali asks, “'Why should intervenors and this Commission be constricted so severely to PJM's figuring of future forecasts, as Applicants have repeatedly asked for, when the Applicants themselves have shown such
hesitation to heavily rely on them, as evidenced by their 2009 $300,000 hedge of civic, political, and related activities?' If this issue of need were such a sweet pitch, to be hit out of the park, Applicants would not be constantly reminding this Commission of FERC's backstopping authority. There would be no need, backstops are for the wild pitches."

Why, Tweedle twins, why?

Will the ticked-off Tweedle twins issue a Response to Haverty's Response to Applicants' Response to Motion to Compel?  Will Ali then pen a Response to Applicants' Response to Haverty's Response to Applicants' Response to Motion to Compel?  Or will the PSC Commissioners finally issue their response and cancel this soap opera?  Find out next week on The (not so) Secret Storm...
6 Comments

Formal Challenge Media Links

1/27/2011

1 Comment

 
Here are some of the news links regarding the Formal Challenge Ali and I filed last Friday.

The Hur Herald (this is a great internet news source!)

The Journal (Martinsburg, WV)

The Journal's story got picked up by the AP (great job, Matt!!), and resulted in these two stories so far (sure to be many more to follow).

The Charleston Gazette

WRIC (Richmond)
1 Comment

Prepare for a trainwreck - Upcoming AEP & Allegheny Earnings Calls

1/27/2011

7 Comments

 
Both power companies have fourth quarter 2010 earnings calls coming up.  A little birdie told me that these earnings calls could prove to be very interesting to the PATH opposition.  Perhaps the investment community is starting to suspect that the PATH project is on its last leg?

If you don't listen to them when they happen (sometimes you can find a link to an audio replay), you'll have to wait for transcripts to be posted on the web at a later date... sometimes it's months later.  So, here's a rundown on what I've been able to run down...

AEP's Earnings Call is scheduled for 9 a.m. on January 28 (that's tomorrow).  See this link to listen live.

Allegheny Energy is being a bit cagier with their information.  The only reference I have been able to find says their earnings call is scheduled for January 31 at 18:00 (6:00 p.m. - what an odd time for an earnings call!)  It's almost like they don't want you to listen in and take notes and hear the questions they will be asked by their investors...

Gosh, I wonder why?
7 Comments

Formal Challenge - The quick read

1/24/2011

5 Comments

 
Here's a downloadable quick version of the Formal Challenge for those who are having trouble with file size.  This version strips out the exhibits and is only just over 300kb -- quick and easy.  For those who prefer the entire package, the full version is still available here (or those who read the quick version and want to cross-reference with exhibits afterward).
5 Comments
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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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