PATH fails to comply with WV PSC Order

12/27/2010

Today was the deadline for PATH to submit their substantive response to the data request submitted by WV intervenor Ali Haverty, as ordered by the Commission on December 17. Ali didn't receive a response.

The Order states: "IT IS FURTHER ORDERED that the Haverty Motion to Compel is granted. The
Applicants will submit its substantive response to the data request within ten days of the date of this order."

It says "ten days", not "ten business days". Ten days from December 17 would be December 27, which is today. So, therefore, PATH has defied the Commission's order. Way to go, boys! I guess PATH has given up on trying to score any more brownie points with the Commission and intends to behave like a stubborn child instead.

Yes, we know how much this one hurts, trust me, but that doesn't mean PATH can or should simply ignore it.

Let's see... what will PATH's excuse be for defying the Commission? It seriously can't be the old "days vs. business days, not including holidays" argument, can it? Really, that one isn't going to fly. It didn't work last time, and it's not going to work this time either.

Isn't it high time that PATH realizes they're no longer driving this train, and that the citizens have taken over engineer duties? Get with the program, fellas.

16 Comments

JustMe

12/27/2010 10:36:36 am

Once again, if PATH wants to go down the road of eminent domain 'government style' then they'd better be prepared for transparency 'government style.' Here's another little tidbit to send PATH scrambling for looking things up. Who can tell me what PJM has to say about the application of the Freedom of Information Act (FOIA) to its activities? Its time everyone figures out that what PATH and its cronies want, is custom made laws that let give them unlimited profit potential with non-existent auditing and unlimited CYA, WITHOUT having to be accountable to ratepayers and taxpayers. Nice deal if you can get it, but the time from the passage of the "gift" Energy Act to regional authorities, up to the present day, is just a blip in time (a mere five years or so) and could go up like a puff of smoke if the right people figure out that handing power to regionals results in lost credibility and lost votes when the critical mass is turning in a different direction.

I get very annoyed when I hear complaints about the lack of transparency in government. Nonsense. Government has much less to do with it than technology does and the questions that are unanswered are mostly the ones that are unasked. The real lack of transparency is among those that have been playing smoke and mirrors with the people while living trying to manipulate the government with every commodity but genuine votes. I would much rather have the GAO looking after transparency than PJM's public relations department. No?

Da hillbilly

12/27/2010 08:10:36 pm

Seems to be one more perfect example that PATH does not have their stuff together. In the inception, the PATHcos seemed to think they would simply walk in and walk out able to do as they please ... business as usual. They have found that this isn't going to work any further. Kinda funny how a bunch of "dumb ol hillbillies" have gotten very educated and organized to see that the right thing is done. If PATH had their stuff together they would answer any and all questions, go forward with the proceedings and not ask for a FOURTH tolling, and we would all live happy knowing that PATH has made our lives better. However, with some dillegence and education the "jig" is up. It's now completely appherant that PATH is an unneccessary project based in corporate GREED! I think it's time they gave up, cut OUR loses and move on to their next multi-billion dollar SCAM. But not-to worry, when all is said and done, the huge corporate power companies will be watched very closely from now on. True transparency will become the accepted norm of doing business. I still maintain that if PATH is "needed" and honest, I would support it. I've been looking for the proof of need for some time now, even asking them to show me. So far I have seen nothing but lies, deciet, wasteful spending of MY money, etc... yet no proof of benefit.
So, in conclusion to my "rant of the day" ... GIVE UP PATH AND QUIT TRYING TO WASTE MY MONEY AND KEEP MY LIFE ON HOLD! We will not give up and back down until the right thing comes to light. It's all up to you guys (PATH) as to how long we play this silly, albiet expensive, game.

Lil Pooper

12/27/2010 08:11:55 pm

The arrogance is often humorous.

12/27/2010 08:47:07 pm

turned it around. citizens in offense position. path playing defense. soon it will be game over.

Fan

12/27/2010 10:00:44 pm

The analogy to a football game is perfect! Somewhere along the line, possession changed hands and the opponents now have the ball and are heading for the end zone.

Touch down is imminent!!!!!!!!! PATH-0 Opposition-1

PowerMAD

12/27/2010 11:35:48 pm

JustMe, you've got it right.

Citizens generally shouldn't grumble about "lack of transparency" until they've looked at the rules (e.g., FOIA) and figured out what actually is available. FERC may have done a "good" job of making their processes murky, but they do allow the public to get some information to be able to fight back.

And that's what we're doing!

Pam

12/27/2010 11:53:11 pm

PATH still hasn't thrown in the towel because when I checked the Jefferson County Commission's Clerk website yesterday, they have obtained options on 3 more properties this month. Oh, how silly of me, I almost forgot, they get "reimbursed" for purchasing property, no wonder my wallet has moths flying out of it.

Bless your lying heart!

12/28/2010 01:08:20 am

My, my, my, the lengths PATH will go to to keep this information "secret". Defying a court order is a very bad idea. I wonder if Melick learned to defy court orders in law school or if that was a talent he learned working with the power companies? I wonder how it feels to watch your career go down the toilet while you've got Randy Palmer's hand up the back of your shirt making your mouth move like that. Can Melick get any dumber?

Keryn

12/28/2010 02:09:46 am

No.

Just no.

:-)

Michael Jackson

12/28/2010 09:26:18 am

Randy's hand up the back of anyone's shirt is even creepier than I am!

Tim HIggins

12/28/2010 04:17:41 pm

I've been thinking of this angle for sometime now, that is property tax. As da hillbilly says PUT MY LIFE ON HOLD will, when tax assessment time comes I plan to tell them my property is worth nothing while it is under the threat of eminent domain. If we all do that what would happen? Remember once that C.O.N. is obtained either by the 400 day clock running out or the WVPSC giving their blessing to this monster project I don't really know what my property is worth and I doubt I can sell it with this eminent domain threat hanging over it.
I don't think the board of equalization would grant my request but if it gets to the media it might make people think.
If my thinking is wrong here let me know why.

Da Hillbilly

12/28/2010 06:15:06 pm

Very goog point Tim! I, along with many others that have been thrown in this mess, have many project around our homes we would like to do. Instead, I have piles of scrap metal lying around and a garage full of yard sale items, in attempts to raise money to fight these dirty Ba$2ard$! None of us want to put any time or effort into our property that we may or may not have in the near future. Thus, we are being held hostage at the hands of a fight we never chose to be in. I like your idea of everone trying to get their property valued at NOTHING until we know the outcome. Like you I doubt this would work but the media could be very valuable.

Pam

12/28/2010 07:14:29 pm

Boy, you guys sure do get up early in the morning to post stuff. I'm with you on this one, we have put our lives on hold for over 2 years, we have a fairly new house but we have put off doing any upgrades because of PATH. This is worth a shot because even if we wanted to sell on the regular real estate market, we all have targets on us and we wouldn't be able to sell to anyone other than PATH.

Tim HIggins

12/29/2010 02:54:01 am

Did not think this would get any response, but something else to consider.
If you list your property without disclosing a threat of eminent domain and it sells, then the C.O.N is granted can you be SUED for anything?

To put this in another light, You sell with house bad something ( water pump, water heater, electrical problems, termites, subsidence issues etc. If the reality agent knew they can they be sued? If they knew, the answer Is YES.

Now back to eminent domain. If I know that can happen and sell to someone that knows nothing about this issue. The PATH line is approved and cuts right through the property I sold
can they now SUE ME for non disclosure?

Keryn

12/29/2010 03:18:18 am

They'd probably sue your realtor, Tim. And if you knew and didn't disclose to the realtor, the realtor would probably turn around and sue you. The realtors are supposed to know about this... and for the most part, they do.

It's horrible for an honest realtor. Like the market isn't bad enough these days, but they have a whole list of properties that are a risky sell, if not just totally un-sellable.

The real estate boards aren't happy about this. It's killing them as well as the homeowners involved.

As far as your first question about assessments -- email me. That goes for the other ones wondering as well. I've got some information that I'm not posting here in the comments.

JustMe

12/29/2010 04:00:28 am

Under basic common law (cases), both the seller and the agent can be liable for intentional failure to disclose -- a/k/a fraud/deceit. The sales/agency agreements can include indemnifications. The law varies from state to state. But the bottom line is that an angry seller who did not get info on PATH could not be accused of bringing a frivolous claim. The only way for a seller and agent to CA is to disclose, disclose, disclose. Here's a good word for a condition that prevents you from full enjoyment and value of your property..."nuisance." Keep going...

PATH fails to comply with WV PSC Order

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PATH fails to comply with WV PSC Order

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