NEWS Rebuilding of Transmission Lines 01-15-2012 ------------------------------------------------------------------------------------------------------------------ PSC response to Senator Garagiola 12-12-2011 ------------------------------------------------------------------------------------------------------------------ Letter to First Energy President 10-31-2011 ------------------------------------------------------------------------------------------------------------------ Letter to Delegates 10-31-2011 ------------------------------------------------------------------------------------------------------------------ Sugarloaf Conservancy Update Attached is the memorandum that was filed by Potomac Edison in the Circuit Court on August 3, 2011. Sugarloaf Conservancy, CAKES, and the attorney for the Frederick County Commissioners filed reply memorandums that are also attached. The Circuit Court Hearing will be held on November 14, 2011 at 9:00 AM. Memo of Respondents County Commissioners Frederick County Board of Appeals 09-13-2011 Scott Miller Memorandum to Circuit Court Appeal 09-12-11 ------------------------------------------------------------------------------------------------------------------ Transcripts from the Board of Appeals Hearings September 29 Index ------------------------------------------------------------------------------------------------------------------ Sugarloaf Conservancy filed this reply memorandum ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------------------------------- Sugarloaf Conservancy sent letters to all the states in PJM’s area requesting that they request that the PATH project be abandoned rather than suspended. A sample of the letter follows with replies that have been received. New Jersey ------------------------------------------------------------------------------------------------------------------ Public Service Commission - Douglas Nazarian to Douglas Kaplan 06/16/2011 ------------------------------------------------------------------------------------------------------------------ Sample Letter to State Re: FERC 05/22/2011 ------------------------------------------------------------------------------------------------------------------ Reply from West Virginia to SC's letter months ago. ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ Hearing Examiner Ruling 06/22/2011 ----------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------ FERC Reply to Bartlett 04/28/2011 ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ Bartlett Letter to FERC 04/04/2011 ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ 03-17-2011 PATH VA Opening Argument ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ PJM News Release On PATH Suspention ------------------------------------------------------------------------------------------------------------------ Sugarloaf Conservancy requests 13 states and DC file a complaint
with the Federal Energy Regulatory Commission ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ PATH Follow up - Bartlett Request to FERC for Meeting in Urbana Sugarloaf Conservancy Member Update: I have received questions from members concerned about whether PATH is really gone for good. Because we are unsure of just what they will pull to try to get the 14.3% for PATH, we filed a response asking the PSC to make certain that they do certain things to prove it’s really needed before they can file again. Hopefully it would be part of the PSC’s approval of their withdrawal. We also asked for the new scenario results they had been asked to submit by March 15th, before their abrupt withdrawal. We’re hoping it will show need pushed even farther down the road. Here is my reply to one member, along with the response Potomac Edison made to our request that there be conditions placed upon their ability to again file an application for PATH. The second attachment is our response to their response! I know many of you will not want to read these but we wanted to make them available to those who are not intervenors but are interested. As far as the question of will PATH return… I wish I knew the answer. We think that it will be a while before PATH rears its ugly head again, if ever. Many times before there have been delays because they couldn’t show need, but each time they have only moved the year needed, not stopped the process. This time seems to be different for these reasons: PATH attorneys admitted that with the Mt. Storm to Doubs rebuild and the new natural gas plant, there is no need for PATH in the PJM Regional Transmission Electric Plan (RTEP) window, which is 15 years! That means PATH will definitely not be needed for at least 15 years and may NEVER be needed! The officers of Sugarloaf Conservancy met with Congressman Bartlett last Friday to ask his help with FERC. We explained that with the recent withdrawal of the PATH applications in Maryland, Virginia, and West Virginia, there remain concerns for the citizens involved, particularly due to the company’s assertion that it is held in abeyance, defined as the state of being suspended or put aside temporarily. We stated that this uncertainty leaves many citizens in an untenable position of being unable to move forward with their lives, particularly people who want or need to sell their homes but cannot since no one will buy houses with an uncertain future. There are people who had planned to build on their land and had stopped their plans, but now still do not know whether it is safe to proceed. Other folks had planned additions or improvements, but hesitate, not wanting to throw good money away, if the project will continue and their property value will continue to be depressed. We believe that the only factor keeping the PATH project alive at all is the grant from FERC of a 14.3% ROI. Congressman Bartlett offered to facilitate a community meeting where FERC officials could answer our questions. We sent a list of questions as requested to the Congressman’s office today some of which are included in the attached Press Release also sent out today. We will keep you informed as to the status of the meeting. PATH - Withdrawal Response Letter 03-07-2011 Reply re Notice of Withdrawal PJM Response to Consumer Advocates on PATH 11-24-2010 State Agenices Letter to Board PJM ------------------------------------------------------------------------------------------------------------------ 03-07-2011 Reply re Notice of Withdrawal ------------------------------------------------------------------------------------------------------------------ PATH - Withdrawal Response Letter ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ 03-02-2011 Sugarloaf Conservancy's Response to Notice of Withdrawal ------------------------------------------------------------------------------------------------------------------ MPSC Feb, 28 - PATH - Notice of Withdrawal ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ Based on these latest results, the Board has decided to hold the PATH
project in abeyance in its 2011 RTEP. The Board further directs the
sponsoring Transmission Owners to suspend current development efforts
on the PATH project, subject to those activities necessary to maintain
the project in its current state, while PJM conducts more rigorous
analysis of the potential need for PATH as part of its continuing RTEP
process. This action, however, does not, at this time, constitute a
directive by PJM to the sponsoring Transmission Owners to cancel or
abandon the PATH project. --Robert G. Marmet ------------------------------------------------------------------------------------------------------------------ PRESS RELEASE: February 8, 2011 ------------------------------------------------------------------------------------------------------------------ Sugarloaf Conservancy Files Motion to Dismiss PATH Application Today Sugarloaf Conservancy filed a motion before the Maryland Public Service Commission (PSC) to DISMISS with prejudice or deny Potomac Edison’s’ Application to construct the PATH project through its attorney, Amy C. H. Grasso, of Miller, Miller & Canby, Chtd. As stated in the filing: In light of the ever-changing landscape of the possibility of alternatives, their failure to have been properly considered by PJM and the Applicant, the possibility that PATH may not be needed for many years longer in light of the alternatives, and the Applicant’s repeated failure to provide a complete and satisfactory Application, it seems absurd to continue moving forward in such an uncertain environment where major changes continue to take place, which need to be factored into an assessment of the need for PATH. Allegheny Energy’s current position that the PSC has jurisdiction for the siting of the Mount Airy (Kemptown) substation conflicts with their earlier position in Case number 9018 where they stated, “. . . it is the Company's position that because the Commission has no jurisdiction to consider the siting of a substation…” In their motion, Sugarloaf Conservancy agrees with the position taken by Allegheny Energy in Case 9018. Since the Frederick County Board of Zoning Appeals denied PATH’s Application for a Special Exception, there is no end point for the PATH project and no reason to continue an expensive proceeding before the PSC. Sugarloaf Conservancy members and others have invested countless hours, dollars, and energy in representing their interests in this matter. The time has come to put an end to the unnecessary PATH to nowhere ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ MARYLAND! GOT WIND?
Educational Meeting on Wind Power - January 6th at Centerville Elementary School from 7:00 to 8:15 PM Read the New PRESS RELEASE: December 30, 2010 - Wind power is now a realistic, renewable alternative to coal. We will be hosting an educational meeting with Friends of Frederick, the Sierra Club, and the Montgomery County Alliance – on January 6th at Centerville Elementary School from 7:00 to 8:15 PM. Flyer attached. Feel free to print and distribute! Remember – Wind from the east means no PATH from the west! At a wind conference we have attended before, they had a slide show of photographs similar to the one attached above. A person or people have a sign MARYLAND Got Wind? and have their picture taken at interesting spots all over Maryland. See announcement below. Then they will be sent to the legislature to try to get a bill passed that will force power companies to create long term agreements which will increase the financial certainty for businesses to produce wind power. You can send the photos directly to them as noted in their statement below. Dec 6 - Jan 11 - 1) "Maryland" Got Wind?" Photo Mission push. We'll be rolling out all the pictures as part of our big visibility action in Annapolis on Jan 12th. Help make an impact on the legislators at the beginning of session by getting creative and sending us a picture like those you saw in the slide show at the conference. Send them to: marylandoffshorewind@gmail.com ------------------------------------------------------------------------------------------------------------------ Brattle Group's testimony about the Offshore line ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ Board of Appeals Denies Potomac Edison (Allegheny Energy)'s Request for a Special Exception to Build the "Kemptown" Substation Potomac Edison (Allegheny) had filed to ask for reconsideration of the denial of the special exception for the substation in Frederick. The Maryland Office of Peoples’ Council, six other states and DC have asked for PJM (the regional authority) to do further studies of PATH as they have for the alternatives (Dominion Virginia Power and Liberty). PJM has approved a redo of the Mt. Storm to Doubs line that will fix most of the reasons PATH is supposedly needed for. The West Virginia staff asked their commission to either dismiss this case or require PATH to request a tolling sufficient to allow the Commission to implement further case processing procedures to assure a complete review of the application by the parties and the Commission. Reconsideration denied by a vote of 3-0 with I abstention! Allegheny now has 30 days to file in the Circuit Court. Governor O'Malley Kicks Off Renewable Energy Project ------------------------------------------------------------------------------------------------------------------ Current Status of PATH’s Applications ------------------------------------------------------------------------------------------------------------------ PJM Response to Consumer Advocates on PATH ------------------------------------------------------------------------------------------------------------------ Current Status of PATH’s Applications ------------------------------------------------------------------------------------------------------------------ 11-24-2010 State Agenices Letter to Board PJM ------------------------------------------------------------------------------------------------------------------ 11/01/2010 Maryland: State: On September 28, 2010 a Conference was held in Baltimore to set a procedural schedule and discuss other preliminary matters. A number of issues remained unresolved and the Hearing Examiner subsequently held another Hearing and on November 5th issued his ruling on a number of issues and set the procedural schedule. Maryland: County: On September 15, 2010 the Planning Commission unanimously passed a motion
finding the proposed substation was inconsistent with the County’s Comprehensive Plan and
on October 20th
they unanimously passed a second motion finding the proposed PATH
transmission line was also inconsistent. On November 18th
after hearing from both Allegheny
and citizens, the Zoning Board of Appeals ruled that they would not issue a Special Exception
for the proposed substation. PATH has claimed this is a matter for the Maryland PSC to
decide. West Virginia: On November 24, 2009, the staff’s (PSC) motion to dismiss was denied and PATH’s request to delay the case was accepted. The new deadline of July 28, 2011 was set. Need for PATH and New Options: There continues to be a question whether PATH or any of the other transmission lines, which have been
proposed to PJM (regional authority) as an alternative, are necessary. As can be seen on the enclosed graphs,
PJM’s forecasts are overly optimistic when compared to the US Energy Information Administration numbers;
especially since 2008. Even if their projections were valid, alternative and less expensive solutions would be
more prudent. Dominion Virginia Power’s proposal would cost about 1/3 the cost of PATH. This proposal has
the advantage of phasing in over time various aspects of their projects, costing rate payers substantially less
each year and giving ample time for wind power to flourish. ------------------------------------------------------------------------------------------------------------------ Wind Power: Atlantic Wind Connection On October 12, 2010 Google along with Good Energies and Trans-Elect announced they would construct the Atlantic Wind Connection, a 350-mile long network of underwater cables from Virginia up to Northern New Jersey. It will eliminate the need for offshore wind developers to build transmission lines of their own. This project will enable wind farms to bring clean renewable power to the east coast states, eliminating any need in the future to bring additional power from the west, such as the PATH project. ------------------------------------------------------------------------------------------------------------------ November 24, 2010 State Agenices Letter To Board PJM ------------------------------------------------------------------------------------------------------------------ Copy of Alleghenys Notebook that they submitted. August 15th, 2010, Now the true battle begins. We have two fronts to fight on (Frederick County and the state):
Allegheny Energy must get a "Finding of Consistency with the Comprehensive Plan" (September 15th) and a "Special Exception" to build the substation on Agricultural Zoned land from the Frederick County Government (September 29th). Both of these relate only to the substation. In recent weeks we have attended three meetings with the National Park Service, US Forestry, and Army Corps of Engineers and we have supplied them with a four inch binder of information relating to PATH. They have to develop an Environmental Impact Statement and give permission for PATH to cross federal lands. We met with officers of CAKES this afternoon to discuss how we can best be of assistance to them. Monday, July 26, 2010, the Public Service Commission ruled that the PATH application is complete, that discovery commended with the issuance of the order, and that the matter is delegated to the hearing examiner’s division to set a schedule, set a date for intervention for persons who are not already parties, and hear the merits of the case. 9223-PATH application deemed Complete ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ National Forest and National Park Meetings have taken place.------------------------------------------------------------------------------------------------------------------ Bills for House & Senate Hearings in AnnapolisIn order to file for a CPCN, Maryland statute requires the entity to be an “Electric Company.” We believe the legislators’ intent in crafting this article was to indicate that it was indeed important that an “Electric Company” should be in control of large transmission projects. The company should be the owner of the project, not simply a 5% stakeholder as in PATH. The possibility of the MPSC approving this obvious maneuver to circumvent the intent of the statute raises alarms with Sugarloaf Conservancy and other interested parties. For this reason Sugarloaf Conservancy has proposed modifying the current statute and received encouragement from our state delegates. This legislation, sponsored by Sue Hecht in the House and Alex Mooney & David Brinkley in the Senate, will clarify the definition of an “electric company to include that all owners of a project be electric companies and they exercise the authority to control the day-to-day business decisions of the enterprise, if passed. Letters to the delegates thanking them and asking for them to continue to support the bills will help to stop these types of potential corporate maneuvers! Maryland Virginia West Virginia We, therefore, are soliciting contributions! ------------------------------------------------------------------------------------------------------------------ If You Are Contacted by Allegheny Energy… We would appreciate hearing about any contact folks have from Allegheny particularly since they are only seeking easements at this time. This means the property owner still has ownership, possibly liability, and tax responsibility! We can make a difference if we work together! See the map of final PATH at - pathtransmission.com - click on MAPS, then All Aerial Maps. Signs are available for sale: ------------------------------------------------------------------------------------------------------------------ Intervener |
