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:
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:
http://calhounpowerline.files.wordpress.com/2009/12/pathamendmotionwithdraw.pdf
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!
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:
http://calhounpowerline.files.wordpress.com/2009/12/pathamendmotionwithdraw.pdf
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!
StopPATHWV in the Christmas Parade

StopPATH on parade!
The Harpers Ferry Christmas parade was a great success! Clissy Funkhouser sang "The Wrath Against PATH" the length of the parade route, and we could see people tapping their feet and bobbing their heads along to the music. We had six or eight people walking alongside the float handing out almost a thousand information cards and glow-in-the-dark bracelets that said, "Oh No, We Won't Glow!" Many of the parade-goers thanked us for our efforts to stop the project - there were only a handful of people who rejected our message.
The parade organizers did a fabulous job, especially when the parade grew from 20 to almost 120 floats in just a week! It was the biggest parade Bolivar and Harpers Ferry ever held, and they kept everything organized and moving along.
Many thanks to the people who helped make the float, assemble the handouts and walk through Bolivar: Steve Smith and his wife Shirley and son Sammy, Keryn Newman, Scott Tatina and his daughter Amy, Dawn Goings, Robin Huyett Thomas, Sandie Henry, Roger Eitelman, Bob Montgomery - and if I forgot someone, my most humble apologies!
~ Patience Wait, Outreach Chair
The parade organizers did a fabulous job, especially when the parade grew from 20 to almost 120 floats in just a week! It was the biggest parade Bolivar and Harpers Ferry ever held, and they kept everything organized and moving along.
Many thanks to the people who helped make the float, assemble the handouts and walk through Bolivar: Steve Smith and his wife Shirley and son Sammy, Keryn Newman, Scott Tatina and his daughter Amy, Dawn Goings, Robin Huyett Thomas, Sandie Henry, Roger Eitelman, Bob Montgomery - and if I forgot someone, my most humble apologies!
~ Patience Wait, Outreach Chair
PSC Denies Dismissal, Extends Deadlines
November 24, 2009 PSC Orders:
1) Motions to dismiss this proceeding are denied.
2) The Applicants revised proposal to toll is granted. The statutory due date in this matter is tolled until Thursday, February 24,2011.
3) A new procedural schedule is established - see below.
4) Applicants must notify the Commission within five days of the date of this Order if they disagree that their proposal to delay a decision in this case by tolling the West Virginia statutory suspension period is also an agreement by the Applicants that they will not avail themselves of the Federal permitting process pursuant to §216(b) of the Federal Power Act of 2005.
Commission will adopt the following schedule for use in this case (dates are shown below each event).
Discovery reopens on issues of electrical need: Monday, February 1, 2010
Applicants file supplemental testimony on issue of electrical need and any other issues requiring supplementation: Noon, Tuesday, June 29, 2010
Deadline for propounding discovery on supplemental testimony due June 29, 2010: Noon, Tuesday, July 13, 2010
Staffs and Intervenors’ prepared direct testimony and rebuttal to the direct testimony of Applicants: Noon, Tuesday, August 31, 2010
Deadline for propounding discovery in response to testimony due August 31, 2010: Noon, Tuesday, September 7, 2010
Applicants’ rebuttal testimony to the direct testimony for Staff and Intervenors, and Staff and Intervenor rebuttal testimony to the direct testimony of one another: Noon, Tuesday, September 28, 2010
Deadline for propounding discovery in response to the rebuttal testimony due September 28, 2010: Noon, Tuesday, October 5, 2010
Written opening statements: Noon, Thursday, October 14, 2010
Evidentiary hearing begins: Monday, October 18, 2010
Evidentiary hearing ends: Tuesday, November 2, 2010
Initial briefs and proposed orders: Noon, Tuesday, November 30, 2010
Reply briefs: Noon, Thursday, December 16, 2010
Deadline for Commission decision: Thursday, February 24, 2011
1) Motions to dismiss this proceeding are denied.
2) The Applicants revised proposal to toll is granted. The statutory due date in this matter is tolled until Thursday, February 24,2011.
3) A new procedural schedule is established - see below.
4) Applicants must notify the Commission within five days of the date of this Order if they disagree that their proposal to delay a decision in this case by tolling the West Virginia statutory suspension period is also an agreement by the Applicants that they will not avail themselves of the Federal permitting process pursuant to §216(b) of the Federal Power Act of 2005.
Commission will adopt the following schedule for use in this case (dates are shown below each event).
Discovery reopens on issues of electrical need: Monday, February 1, 2010
Applicants file supplemental testimony on issue of electrical need and any other issues requiring supplementation: Noon, Tuesday, June 29, 2010
Deadline for propounding discovery on supplemental testimony due June 29, 2010: Noon, Tuesday, July 13, 2010
Staffs and Intervenors’ prepared direct testimony and rebuttal to the direct testimony of Applicants: Noon, Tuesday, August 31, 2010
Deadline for propounding discovery in response to testimony due August 31, 2010: Noon, Tuesday, September 7, 2010
Applicants’ rebuttal testimony to the direct testimony for Staff and Intervenors, and Staff and Intervenor rebuttal testimony to the direct testimony of one another: Noon, Tuesday, September 28, 2010
Deadline for propounding discovery in response to the rebuttal testimony due September 28, 2010: Noon, Tuesday, October 5, 2010
Written opening statements: Noon, Thursday, October 14, 2010
Evidentiary hearing begins: Monday, October 18, 2010
Evidentiary hearing ends: Tuesday, November 2, 2010
Initial briefs and proposed orders: Noon, Tuesday, November 30, 2010
Reply briefs: Noon, Thursday, December 16, 2010
Deadline for Commission decision: Thursday, February 24, 2011