Legalectric

HA!  The Commission staff from both the state of Virginia and the state of West Virginia have both brought Motions to Dismiss the PATH transmission application.  Hilarious!  About time!  PATH is the Potomac-Appalachian Transmission Highline.

Virginia Commission Staff Motion to Dismiss

West Virginia Commisison Staff Motion to Dismiss

Seems there’s a theme goin’ on…

Potomac Appalachian Transmission Highline

The Washington Post says:

Allen Staggers, a spokesman for Allegheny Energy and the Potomac-Appalachian Transmission Highline, or PATH project, as it’s commonly known, said it was too soon to determine the effect of the ruling. “Our legal staff is reviewing the decision so we can determine how to proceed with next steps,” he said.

Allen Staggers — Ja, I’ll bet he sure does now!!!

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Yes, “transmission from hell” is everywhere… here are some sites for opponents of the PATH line:

PATH of Destruction

People Against Transmission Hell-Lines

Pennsylvania Land Trust Association

Sierra Club’s “Pull the Plug on Coal by Wire”

Piedmont Environmental Council – Transmission

The Applicants who just got slapped up by Maryland:

Potomac Appalachian Transmission Highline

And here’s the TOADIES for PATH – dig the logo, compare with PATH:

Path Education & Awareness Team

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Maryland’s Public Service Commission seems, indeed, to be dedicated to the public!  It has rejected the Potomac-Appalachian Transmission Highline, PATH, transmission project application.

The Baltimore Sun gets it:

PSC right to reject power line

In the Frederick News-Post:

State rejects PATH application

Maryland Commission Rejects PATH Transmission Application

Posted Thursday, September 10, 2009

Commission says state law requires that an “electric company” make the application.

Story by Pam Kasey

The Maryland Public Service Commission has rejected The Potomac Edison Co.’s application on behalf of PATH Allegheny Transmission Co. for authorization to construct the Potomac-Appalachian Transmission Highline for procedural reasons.

“The Public Utility Companies article authorizes us to issue a Certificate of Public Convenience and Necessity (CPCN) only to an ‘electric company,’ a status PATH undeniably lacks,” commission wrote in a Sept. 9 order.

“The law does not allow us to ignore or circumvent this requirement by granting a CPCN to Potomac Edison ‘on behalf of’ PATH when Potomac Edison will neither construct nor operate the proposed line,” the order reads.

The issue fundamentally is about what entity can properly make the application, said Allegheny spokesman Doug Colafella.

“We see it as a procedural decision based on interpretation of Maryland law,” Colafella said.

The situation is analogous to that faced by in West Virginia when it applied to build the 500-kilovolt line now under construction across northern West Virginia.

An analogous situation exists in West Virginia, where the commission has to confer status as public utilities on Allegheny Energy’s Trans-Allegheny Interstate Line Co. and the Allegheny-AEP joint venture PATH in order to grant them Certificates of Convenience and Necessity to construct power lines.

While one of four Maryland commissioners dissented, three judged that their authority is not so broad.

About 20 miles of the 270-mile Potomac-Appalachian Transmission Highline, planned to stretch from the John Amos plant in St. Albans to West Virginia’s eastern panhandle and across Virginia, would run through Maryland, Colafella said.

“The Kemptown substation in Maryland is a critical piece of the PATH project,” he said. “It’s the terminus point of the PATH transmission line for a good reason: It’s the point in the transmission system where several key lines intersect, and PATH will reinforce the grid by tying in at that point.”

Allegheny and AEP will continue to pursue the line in Virginia and West Virginia, he said.

And he emphasized the commission’s note in its order that the decision “should not be read to foreshadow any views on the merits of the proposed transmission line project.”

“We’re looking at what options exist to successfully file an application for PATH in Maryland,” he said.