STOP THE TOWERS

WESTERN PENNSYLVANIA CITIZENS SAY NO

Virginia Approves TrAIL, PENDING PA PUC APPROVAL!!!

The Virginia Public Service Commission has granted Dominion and TrAIL Co’s application to build the AP TrAIL.  However, it was approved contingent upon both West Virginia and Pennsylvania approving the line.  The PSC decision was not a huge surprise, but it certainly is a disappointment.  Many groups, elected officials and organizations in the Virginia area fought against the project, led by the Piedmont Environmental Council.  The decision is apparently going to be appealed to the Virginia Supreme Court.  But nothing will be built if the Pennsylvania PUC adopts the 364 pg Recommended Decision issued by Administrative Law Judges Nemec and Hoyer!

PUC Misses NIETC Deadline

On October 5, 2007, the Department of Energy issued a National Interest Electrical Transmission Corridor designation that included most of the mid-Atlantic area.  This designation started a one-year time limit for decisions related to high-voltage transmission lines.  Any project that was not granted a final decision within one year of filing an application could try using a “back-door” clause in the law that allows the utility to ask for federal approval of the project.  Despite missing the deadline, we believe any appeal to FERC will be denied.

The PUC will issue a final ruling in the near future and we feel confident that they will deny the AP TrAIL!   The ALJ’s Recommended Decision was extremely well written, driven by the facts of the case, and provide a sound basis for denying all five applications.  We believe that can and will happen, but TrAIL Co continues to work hard on swaying elected officials to give their approval of the 502 Junction and 1.2 mile line to the south. 

DeWeese Remains Opposed!

House Majority Leader Bill DeWeese continues to stick with us in opposing the AP TrAIL.  TrAIL Co has been working overtime to gain support of their last ditch effort to save the 502 Junction and 1.2 mile line traveling south to the West Virginia line.  TrAIL Co saw the writing on the Recommended Decision and realized that they were in danger of having all five applications denied.  So they have strategically worked to try and “barter” support from the opposition by giving up their plans for the line from the 502 Junction north to Prexy and offering to address the alleged concerns in Prexy with a collaborative.  In return, they asked for support of the “money-maker” that would link existing and new generation upwind of Pennsylvania.  But Bill DeWeese said no, and continues to oppose the line.  He realizes that this is the beginning of terrible energy policy and all the ill affects from constructing that line on Pennsylvanians.  Those affects include higher rates of nearly $50 million dollars per year and increased pollution from additional generation plants.  TrAIL Co testified in West Virginia that four new coal-fired plants could be sited if this line were constructed.   

The Fight Continues
Although much has happened over the last several days, Stop the Towers and the Energy Conservation Council continues to oppose the AP TrAIL.  In fact, most of the recent developments solidify the stance that the TrAIL is a profit-driven project that does not reflect any reliability issues in our region, but instead is about moving cheap, coal-fired generation to the east! 

Reply's to TrAIL Co Exceptions Filed
The Energy Conservation Council as well as several other interveners and elected officials have filed Replys to TrAIL Co Exceptions.  The purpose of the Reply is to counter any arguments offered by TrAIL Co as to why the Administrative Law Judges Recommended Decision was incorrect.  As you recall, the ALJ's recommended a complete denial of the entire application by TrAIL Co!  We thank each of the groups that filed Replys, including House Majority Leader H. William DeWeese, the Office of Consumer Advocate, the Office of Trial Staff and the Washington County Commissioners.  You can read each of these Replys by clicking on the respective icons below.  
The Energy Conservation Council has also published a press release reacting to the TrAIL Co Exceptions.  You can read the press release by clicking here.

TrAIL Co Agreement with Greene County
TrAIL Co has committed to an agreement with the Greene County Commissioners on the TrAIL.  In the agreement, TrAIL Co has agreed to give back the rights-of-ways to landowners in Greene and Washington County in return for support to construct the 502 Junction Substation and 1.2 mile line going south to the WV line.  The agreement is not final, but is expected to be signed on Friday.  The Agreement contains similar language to the Motion for Partial Stay that TrAIL Co submitted to the PUC.  They request that a "collaborative" be formed to address the supposed "reliability" issues in Washington County.  You can read the Agreement by clicking here.
The Energy Conservation Council has responded to the Agreement with the a press release. 

NOTE: The Replys to TrAIL Co Exceptions are due by Monday, September, 22nd.  If you haven't sent yours in, there's still time.  Be sure to mail it to the full-service list, addressed to Secretary McNulty, and with a subject line of Reply to TrAIL Co Exceptions.  The Washington County Commissioners have already filed theirs and you can read it by clicking here.  We are looking to post all the Replys filed by elected officials.  As we get them, we'll post them here. 

ALJ’s Recommendation – DENY the AP TrAIL!!!

The Administrative Law Judges for the Pennsylvania Public Utility Commission have issued a “recommendation” to the Commission to deny all five applications of TrAIL Co.  In the 364 page report, it states “We recommend the denial of all five pending Applications based on our conclusion that TrAIL Co has failed to carry its burden of proof with regard to all.”   In the Conclusions and Recommendations section of the report, the ALJ’s blast TrAIL Co for all the same reasons that Stop the Towers, the Energy Conservation Council, the Office of Consumer Advocate and others have been stating from the beginning.  The ALJ’s agree that this project is about transporting cheaply generated power here is western PJM to the east, that no less-intrusive options were even considered and that the alleged need is “minor or even non-existent.”

Although this is the recommendation of the ALJ’s, the Commission must still issue the final ruling.  We would hope that they follow the well-detailed recommendation, but only time will tell.  However, this certainly validates all the concerns and issues raised by many residents, businesses, civic/environmental groups and all our elected officials.  In fact, the ALJ’s point to the “universal opposition of elected officials” in the conclusions as proof that TrAIL Co did not effectively communicate with residents in this process.  We want to thank all of our elected officials for their hard work and dedication in this effort and we certainly encourage them to continue the fight.  Each of them deserves recognition for standing up for their constituents and making their feelings known.  Be sure to thank:

     Senator Robert Casey

     Congressman John Murtha

     State Senator Barry Stout

     Representative Bill DeWeese

     Representative Tim Solobay

     The Greene County Commissioners

     The Washington County Commissioners

Also, significant credit must be given to the Office of Consumer Advocate.  The Consumer Advocate and his staff spent many, many hours working on this case and represented the residents and ratepayers of Pennsylvania well! 

This process is still a long way from being over as the Commissioners must give a final ruling and then we still have the NIETC designation to contend with.  But, it certainly is satisfying to get confirmation that we were right all along!!!

In Virginia, the State Corporation Commission released a "recommended" decision from the hearing examiner that also supported the TrAIL project.   Once again, it is conditioned upon both WV and PA approving the line.  There were some deals made along the way there as well and a least one major opposition group, CPV Warren, dropped out of the proceedings after the company was purchased by Dominion.  As will happen here in Pennsylvania, this is the hearing examiners recommendation to the Commission.  The Commission will give a final ruling in the near future, so there is still hope.  Piedmont Environmental Council and other groups have also vowed to continue the fight!  If you would like to read the hearing examiners decision, go to the Piedmont Environmental Council website. 

Although it appears that there are no "deals" being made here in Pennsylvania as occurred in WV and VA, you just never know!  That is why it is so important that we continue to talk with our elected officials and encourage them to stay vigilant!  Let them know that we are, and always will be, opposed to this project!  Remind them that the Office of Consumer Advocate, the West Penn Power Interveners, and even the Office of Trial Staff, which is a branch of the PUC itself, are all opposed to this project based upon the facts and evidence presented!  Be sure to thank them for all they have done in the past, but also encourage them as there is still much to do in the future!  This battle is still a ways from being over, and we need them to stay with us all the way to the end.  We also need them to keep a watchful eye on any "deals" that TrAIL Co might try to make!  You can follow this LINK for a list of the elected officials for Washington and Greene Counties.

Although TrAIL Co agreed to abide by a "Code of Conduct" for all of its employees and subcontractors, they're at it again!  Only now, it's at night.  Subcontractors, attempting to complete the environmental surveys, looking specifically for the endangered Indiana Bat, are setting up nets after dark and removing them before daylight.  On at least two occasions, residents have found these employees on their property without permission.  In the "Code of Conduct" contained in TrAIL Co's Answer to the OCA Request for Injunctive Relief, filed on November 7, 2007, TrAIL Co agreed to:

 "Obtain unequivocal permission to enter property for purposes of surveying or conducting environmental assessment or other activities.  Clearly explain to the property owner the scope of work to be conducted based on the permission given.  Attempt to notify the occupant of the property each time you enter the property based on this permission."

Apparently they forgot to tell the environmental surveyors!  Thus, it is very important that we (you) contact the police and file a complaint anytime you find TrAIL Co representatives trespassing on your property.  Also, please help police your neighborhood.  Call your neighbors when you see cars/trucks sitting along the road near their properties.  Because the PUC record is closed, we can not take these issues to the PUC.  But we can file police reports and then tell our stories with Letters to the Editor.  If we can bring attention to this inappropriate behavior, we can stop it, or at least delay it! 

Senate Testimony Overview
The Senate Energy and Natural Resources committee heard testimony last week regarding the misapplication of Section 1221 of the Energy Policy Act 2005.  Specifically, testimony was given relating to the designation of the NIETC areas and the possible impact this could have in the future.  The Pennsylvania Land Trust has been very active in bringing attention to the problems associated with the NIETC designations and continues to work for positive changes to the law.  You can read the excerps by clicking HERE.  We thank the PLT for all their efforts and for providing us with the overview.

Waiting on a (Recommended) Decision

It is expected later this month or in early August that the Administrative Law Judges will render a “recommended” decision on the Allegheny Power application to build the AP TrAIL.  Although this decision is not the final decision by the PUC, it will give us an idea of how the Judges interpreted all the information and testimony presented over the last twelve months.  We certainly feel that we have proven the AP TrAIL is an unnecessary, greed-driven project that will NOT benefit anyone in our region.  Soon we will see if the ALJ’s feel the same way.  As soon as their decision is announced, we will post it here!

If you interested in how others feel about the AP TrAIL, be sure and read the final briefs on our PUC Testimony webpage.

TrAIL Co is Not Waiting for Decision

Although TrAIL Co has admitted to not owning the rights-of-ways, that they are not a public utility and that the project has not been approved by the PUC, they continue to work on various tasks related to the project.  They are currently attempting to get access to properties to conduct bat surveys (for the endangered species, Indiana Bat) as well as historical and environmental surveys.  They have subcontracted a company whose trucks say GAI Consulting, so watch out for them as well.  Please remember that you do NOT have to permit them onto your property and that TrAIL Co has agreed to a “code of conduct” that will respect property owner’s wishes.  Tell them to stay off your land and be sure to report any violations to the Energy Conservation Council Hotline at 724-267-3040. 

Right-of-Way Lawsuits Move Forward

TrAILCo attorneys' attempt to intimidate the Washington and Greene County plaintiffs failed miserably!  Although they thought they could overwhelm the residents with their discovery demands and deadlines, attorneys Dave Fasulo and Judge Richard DiSalle were able to timely deliver not one but TWO BIG BOXES of answers to interrogatories and lots and lots of documents to their attorneys in the Washington County case.   In Greene County, the same attempt is being made, but once again residents are stepping up and completing the requests in a timely manner.  Thanks to all those who worked hard and under the pressure once again!!!!!! 

Energy Legislation Update

In the budget battle, one of the two bills concerning energy was passed by the General Assembly.  SS HB 1, known as the Clean Energy Funding bill, was approved as part of the negotiations to approve a budget.  This bill allocates $650 million for funding clean energy projects in Pennsylvania, including $100 million to help homeowners and small businesses purchase and install solar photovoltaic systems.  Another $80 million will be available through grants and loans for solar energy development projects.  The reminder of the funding goes to deployment and manufacturing of other clean energy technologies, energy efficient heating and cooling systems, and support of early stage activities and research in clean energy.

Unfortunately, the Senate chose not to take action on HB 2200 known as the Energy Savings bill.  This bill would help Pennsylvanians deal with the upcoming expiration of rate caps and potential increases of 50% in their electric bills.  HB 2200 would mandate that electric companies supply consumers with Smart Meters that help to conserve energy and reduce demand during peak periods by supplying real-time data to the users.  There must be a push by all residents to get the Senate to take up this important legislation in September.  Please continue to call and talk with your Senator about HB 2200.

On May 30^th, the Public Utility Commission formally closed the record on the AP TrAIL process.  Intervenors filed their final comments, so now we wait and see what the recommended decision by the Administrative Law Judges will be.  This should occur late this summer with a final decision from the Commission sometime in early fall.  Although there are still “things to do” on other fronts, this part of the battle is through for now. 

We are extremely proud of Wil Burns, who represented the Energy Conservation Council!  Wil has given so much effort and time away from his family to protect each of us in SW PA from this unneeded, unwanted, greed-driven project, and no one could have done it better!  Thank you, Wil.  We are all indebted to you!  We also want to thank the Office of Consumer Advocate, the Office of Trial Staff and the West Penn Power Interveners for their open, fair assessment of the TrAIL project.  They too put in many hours and came to the same conclusions.  The Briefs as they are known, are summaries by each party stating their findings and conclusions about the proposed TrAIL.  The documents are lengthy and in great detail.  You can download and read these documents in their entirety by going to our PUC Testimony webpage.  Here is a quick look at the conclusions of these groups.

According to the Energy Conservation Council….

“The project provides no tangible benefit to Washington and Greene counties.”

 

“The Applicant, Trans-Allegheny Interstate Line Company, has “persistently flouted and defied the Public Utility laws” and is unfit to be a public utility, and therefore they should be denied a certificate of public convenience.”

According to the West Penn Power Interveners….

“Allegheny Energy stands to reap significant financial gains from the approval of TrAIL at the expense of the West Penn ratepayers.”

 

“The evidence confirms that the 502 to Loudon portion of TrAIL is an economic based, profit driven project, and any benefits of TrAIL that might inure to the benefit of customers in the West Penn service territory are outweighed by the costs they would be forced to bear.  TrAILCo has failed to bear its burden of proof under Pennsylvania law.”

  

According to the Office of Trial Staff (a department of the Public Utility Commission itself)….

 …”it is the obligation of TrAILCo to affirmatively prove by a preponderance of the evidence that it has met the applicable Commission rules and regulations regarding the siting of high voltage transmission lines… A thorough review of the record will aptly demonstrate that TrAILCo has simply failed to do so with regard to several areas of inquiry and, as such, its Application should be rejected based on its failure to sustain its burden of proof.”

 “Based upon our thorough scrutiny of all aspects of the instant Application and our responsibility to represent the public interest, OTS recommends that the Commission deny the Application for TrAILCo's failure to meet all provision of the rules and regulations governing the siting of high voltage transmission lines here in the Commonwealth.”
   

According to the Office of Consumer Advocate….

We have two multi-plantiff lawsuits, one in Washington and one in Greene County, concerning the Rights-of-Way issues.  Judge Richard DiSalle is leading our fight in each county.  At this time, we can help Judge DiSalle by continuing our Letters to the Editor to keep the public attention.  Also, if you know of anyone that would like to join the lawsuits, please contact Susan Blank at sfblank@bentcom.net

Here in Pennsylvania, we also have legislation that is “stuck” in the State Senate that could alleviate future demand issues, which is what Allegheny Power claims is the reason for the TrAIL.  The Senate has two bills that need to be approved and sent the Governor for his signature.  You will find additional information on both bills (HB 2200 and SS HB 1) below.  Continue to call your Senators and write your letters to anyone that could help get these bills approved. 

Suit Filed in Greene County
Attorney Richard DiSalle filed a Multi-Plaintiff Lawsuit on behalf of Greene County residents on May 1, 2008.  The suit questions the legality of rights-of-way being referenced by the proposed Allegheny Power/TrAIL project.  The lawsuit addresses concerns about the scope, location and validity of these rights-of-way.  It raises the issue of the rights-of-way being decades old and contends that they were abandoned by Allegheny Power years ago.  This is the second lawsuit that Judge DiSalle has filed regarding the Allegheny Power/TrAIL project.  A similar lawsuit was filed in October of last year on behalf of Washington County residents, and it is proceeding through litigation in the Washington County courts.  If any resident of Washington or Greene County is interested in joining the suit, please contact Susan Blank at (724) 228-5030.

Community Outreach/Education Continues
The effort to protect Western Pennsylvania landowners, rate payers and the environment from the ill-conceived AP TrAIL continues!  A plane pulling a Stop the Towers banner flew over the city of Pittsburgh on Saturday just before the start of the Pirate baseball game.  It is our hope that we can educate and involve as many citizens in our region as possible in this effort.  If you are a new visitor to this website, please read the background information on our fight.  If you agree with us, you can get involved by taking action as suggested below.
We also hope to get on TV next weekend.  The WPXI-TV show Our Regions Business Report has invited representatives of the Energy Conservation Council and Stop the Towers to be on the show.  This offer came after Allegheny Power CEO Paul Evanson was a guest last weekend and he mentioned the proposed AP TrAIL.  Many people contacted Mr. Flanagan and he invited us to give our side of the story.   The show was originally planned for Sunday, April 27th, but has been moved to May 4th.  So, as Paul Harvey would say, tune in on Sunday, May 4th at 10:00 am for the "rest of the story!" 

Keep the Letters coming!
Thank you to the many people that have already written letters of support for this effort.  We continue to see Letters to the Editor in several regional newspapers that keeps the public informed and involved.   We ask that you continue to send letters to our elected officials to thank them for their continued support.  Hopefully all our elected officials will continue to work on fighting the NIETC designation and assist Senator Casey's efforts to repeal Section 1221 of the Energy Policy Act.  And finally, we hope you send a thank you letter to those that actively participated in the PUC proceedings on our behalf.  The Office of Consumer Advocate, Office of Trial Staff and the Energy Conservation Council of Pennsylvania did an outstanding job and continue to work through these proceedings.  All groups are currently working on their Briefs which are due on Monday, May 5th and then will submit Reply Briefs by May 29th. 
Together with these groups, we can accomplish our goal to Stop the Towers!

Evidentiary Hearings May Finish Early
The Evidentiary Hearings in Pittsburgh were scheduled to last until April 12th, but may end as soon as April 2nd!  The Energy Conservation Council, Office of Consumer Advocate and Office of Trial Staff spent many hours cross-examining the TrAIL Co witnesses.  However, TrAIL Co chose to only ask limited questions of the experts that claim the AP TrAIL is an uneccessary, greed-driven proposal!  In fact, when Energy Conservation Council expert George Loehr, whose testimony focuses on the supposed "need" and reliability issues driving the TrAIL project, TrAIL Co didn't ask a single question!  What does this imply?  Could it be that TrAIL Co knew they couldn't defend their position and didn't want the have that pointed out in testimony before the Administrative Law Judges and Commissioners?  Who knows, but it certainly was unexpected!  Loehr has submitted written testimony stating that TrAIL Co has misapplied the National Reliabiliy Standards to create this supposed need that TrAIL Co claims is behind their proposal.   He also states that the TrAIL project is not needed to meet reliability concerns, but rather is potentially driven by economics. 
We also want to thank everyone that was able to attend the hearings.  It was difficult for most people to attend during the work day, but there was always several people there from Washington and Greene Counties.  Thank you to everyone that was able to attend at least one day of the Hearings. 

Help Senator Casey help YOU!
Have you visited the Senators website yet?  Senator Casey has an online petition that opposes the NIETC designation.  The petition states "We need a program to secure clean and reliable energy, not a narrow-minded program that ignores the will of the people. The answer is not the National Interest Electric Transmission Corridors program."  If you agree, please go to Senator Caseys website and sign on today.  Get your entire family to sign, along with your friends, neighbors, and distance relatives in other states.  You don't have to live in Pennsylvania to sign this petition!  The direct link to the petition is http://www.casey.senate.gov/actions/.

Pennsylvania Senate Needs to Hear from You as well!
Although the House passed two important energy bills, earlier this year, the bills are currently sitting in Senate committees and appear to be going nowhere.  Both of these bills would benefit our cause.  HB 2200 is called the Energy Savings Bill and would require that utilities reduce future demand.  One way to accomplish that would be to provide consumers with "Smart Meters" that would save familes up to 20 % on their electricity bills.  S.S. HB 1, called the Clean Energy Funding Bill, would provide funding for developing alternative energy sources and encouraging the construction of "Green" buildings.  PennFuture, and environmental organization here in Pennsylvania, has done a tremendous job of following these developments and is leading the charge to get the bills passed by the Senate.  You can find additional information on their website at http://www.pennfuture.org/campaigns_detail.aspx?CampaignID=43&Home=Y.  Please call or email your Senator and ask them to get these bills moving out of committee and approved by the Senate.  This needs to happen in the next few weeks before the budget battles begin! 

Please go to our PUC webpage and download the corrected document with the starting times.  Post them in your community and pass them out to your neighbors.  Encourage everyone you know to be at the hearings as many days as possible.  Also remind them of the buses that will be provided to help with travel to and from the hearings.  This is a great opportunity to bring the Pittsburgh media and a regional audience into the fight.  Here is the schedule for the buses on the first day.

See you on the bus!!!

1.         The hearings scheduled for January 23-25 and 28 -30, 2008, will be cancelled.

2.         Intervenors’ written surrebuttal due in hand to ALJs and Full Service parties on  February 13, 2008

3.         TrAILCo’s written rejoinder due in hand to ALJs and Full Service parties on March 19, 2008.

4.         Technical evidentiary hearings in Pittsburgh commencing at 10:00 am on March 24, 2008, with subsequent hearing commencing at 8:30 am on March 25, 2008, thru March 28, 2008, March 31 through and including April 4, 2008, and April 7, 2008, through and including April 11, 2008.

5.         Main briefs – all parties May 5, 2008

6.         Reply briefs – all parties May 29, 2008

Thank You, Thank You, Thank You!
We are finishing up our first major fundraising event, the Cash Bonanza Raffle ticket, and we owe many of you a big THANK YOU!  Although we didn't sell all the tickets, we did sell enough to raise some money to help offset the costs of our battle before the PUC.  Specifically, the money will help cover the costs of expert witnesses that have now provided written testimony on our behalf (see below).   So thanks to all of you that bought or sold tickets.  Your determination in the last two weeks before the drawings began showed the same resolve as the testimonies during the public input hearings.  Speaking of which, be sure to see below the motions filed by the OCA in response to your testimonies!

Expert Testimonies Submitted
The Energy Conservation Council of PA (ECCO), which is representing approximately 1,500 residents of SW PA before the Public Utility Commission, has submitted it's written expert testimony.  The experts that provided the testimony were Dr. Robert Hanham, an Associate Professor of Geography at WVU, Dr. Rick Hoch, a Certified Planning expert, and Mr. George Loehr, a 45 year veteran in the area of transmission planning and bulk power system realiability.  Dr. Hanham's testimony focuses on the Uneven Economic Development potential that could arise should the AP TrAIL be constructed.  Dr. Hoch's testimony focuses on the potential environmental impact and the siting procedure that was used by AP to choose the preferred route for the TrAIL.  Mr. Loehr presented testimony that focuses on the "need" for the two parts of the AP TrAIL.  ECCO has also been involved in other procedural events before the PUC including several "discovery" disputes, filing 3-4 motions and fighting with AP to produce the documents that are needed.  

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