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Virginia State Corporation Commission
eFiling CASE Document Cover Sheet
Case Number (if already assigned)
PUE-2009-00043
Case Name (if known)
Application of PATH Allegheny Virginia Transmission
Corporation for certificates of public convenience and
necessity to construct facilities: 765 kV Transmission
Line through Loudoun, Frederick, and Clarke Counties
Document Type
EXMO
Document Description Summary
Cover Letter, Motion for Modification of Procedural
Schedule, Service List
Total Number of Pages
15
Submission ID
1576
eFiling Date Stamp
11/6/2009 10 :54:20AM
HUNTQNO`~
WHIJAMS
HUNTON & WILLIAMS LLP
RIVERFRONT PLAZA, FAST TONVER
951 LAST BYRD STREET
RICHMOND, VIRGINIA 232194074
TEL
FAX
804 - 788 - 8200
804- 788- 9218
RICHARD D. GARY
DIRECT DIAL 804-789-8330
EMAIL rguy@hUntoncon,
November 6, 2009
FILE NO : 27364 .71
Via Electronic Filing
Hon. Joel H. Peck
Clerk
State Corporation Commission
Document Control Center
Tyler Building, I" Floor
1300 East Main Street
Richmond, Virginia 23219
Application of
PATH Allegheny Virginia Transmission Corporation for
Approval and Certification of Electric Transmission Facilities Under
Va. Code § 56-46 .1 and the Utility Facilities Act, Va. Code §§ 56-265 .1 et seq.
Case No. PUE-2009-00043
Dear Mr. Peck:
Enclosed is PATH Allegheny Virginia Transmission Corporation's ("PATH-VA") Motion for
Modification of Procedural Schedule related to the requested issuance of a Certificate of Public
Convenience and Necessity for the Virginia portion of the Potomac Appalachian Transmission
Highline Project ("PATH Project") . The procedural modifications proposed by PATH-VA will
allow the hearing schedule to be better coordinated with the anticipated hearing schedules for the
West Virginia and Maryland portions of the PATH Project and also allow for the incorporation
into the record of updated information, including the results of PJM's 2010 Regional
Transmission Expansion Plan.
Also pending in this proceeding is the Commission Staff Motion to Dismiss Application and to
Certify Issue to the Commission, filed on October 19, 2009 ("Staff Motion") . The Staff Motion,
to which PATH-VA responded on October 26, 2009 and urged its denial, asked the Hearing
Examiner to certify the request to dismiss the application to the Commission pursuant to 5 VAC
5-20-120B (Staff Motion at 2, 4). As far as PATH-VA knows, the Hearing Examiner has not
certified the Staff Motion to the Commission .
11~",
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N&
WRILAMS
Hon. Joel H. Peck
November 6, 2009
Page 2
This Motion for Modification of Procedural Schedule, similar to the Staff Motion, relates
directly to the Commission's schedule going forward for the consideration of the PATH Project.
For that reason, PATH-VA respectfully requests that if the Hearing Examiner has or will certify
the Staff Motion to the Commission, that the Hearing Examiner also certify this Motion for
Modification of Procedural Schedule to the Commission pursuant to his authority in 5 VA
5-20-120.B.
Upon motion of any party or the staff, or upon the hearing
examiner's own initiative, the hearing examiner may certify any
other material issue to the commission for its consideration and
resolution .
This action will assure that both Motions are considered together, either by the Hearing
Examiner or, if the Hearing Examiner so determines, by the Commission .
Sincerely yours,
1~
-
Richard D. Gary
RDG/tms
Enclosure
cc:
Hon. Alexander F. Skirpan, Jr.
William H. Chambliss, Esq .
Service List
Charlotte P. McAfee, Esq.
BEFORE THE
STATE CORPORATION COMMISSION
COMMONWEALTH OF VIRGINIA
APPLICATION OF
PATH ALLEGHENY VIRGINIA
TRANSMISSION CORPORATION
Case No. PUE-2009-00043
For certificates of public convenience
and necessity to construct facilities:
765 kV Transmission Line through
Loudoun, Frederick, and Clarke Counties
MOTION FOR MODIFICATION OF PROCEDURAL SCHEDULE
PATH Allegheny Virginia Transmission Corporation ("PATH-VA") moves the State
Corporation Commission to modify the procedural schedule established by the June 12, 2009
Order for Notice and Hearing ("Order") for consideration of the Potomac Appalachian
Transmission Highline Project ("PATH Project") . The modifications proposed by PATH-VA in
this Motion will allow the hearing schedule to be better coordinated with anticipated hearing
schedules in West Virginia and Maryland and also allow for the incorporation of updated
information, including the results of PJM's 2010 Regional Transmission Expansion Plan
("RTEP") .
Background
In May 2009, when the applications for certification were filed for approval of the PATH
Project by PATH-VA and the other Applicants in West Virginia, Virginia, and Maryland
(collectively, "Applicants"), the Applicants expected that the procedural schedules in each of the
three states would be reasonably well aligned, that the case processing periods would be roughly
coincident, and that the same testimony - particularly on the issue of need - would be presented
in each of the three jurisdictions at more or less the same time,
The dismissal of PATH-Allegheny's application in Maryland, which was based on the
ruling that The Potomac Edison Company ("Potomac Edison") could not file on behalf of its
affiliate PATH-Allegheny because the latter is not an "electric company" under Maryland law,
has complicated this effort. The decision as to the forum in which to file a new application for
approval of the Maryland segment of the PATH Project with the Kemptown Substation as the
eastern terminus will be announced in the near future. It is anticipated that announcement will
be made within the next six weeks, if not earlier. That new application will likely result in a new
procedural schedule with respect to the Maryland portion of the PATH Project and, if before the
Maryland Public Service Commission, will likely entail evidentiary hearings scheduled in the
second half of 2010, or over six months after the evidentimy hearings now scheduled to begin on
January 19, 2010 in Virginia and on February 8, 2010 in West Virginia.
The aspect of PATH-VA's Application that is most affected by this delay is the data that
supports the electrical need for the PATH Project. PATH-VA believes it would be
administratively efficient to use the same PJM analyses supporting such need in each of the three
proceedings .' Thus, with this Motion, PATH-VA requests a delay in the procedural schedule for
the need portion of the Application in order to coordinate with the projected procedural
schedules of the other jurisdictions . Moreover, this coordination of procedural schedules will
allow the record to be supplemented with the most current transmission planning information
from PJM's RTEP process that will include, among other information, a 2010 load forecast, an
1 PATH West Virginia Transmission Company, LLC, PATH Allegheny Transmission,
LLC, et al., the Applicants in West Virginia in support of the PATH Project, filed their Response
to Staff Motion to Dismiss, etc., and Proposal to Toll Statutory Decision Due Date and Extend
Procedural Schedule on November 4, 2009 in Case No. 09-0770-E-CN requesting a similar delay
in the procedural schedule as requested in this Motion .
up-to-date queue of proposed generation and merchant transmission projects, and the results of
the May 2010 Reliability Pricing Model market auction,
The Proposed Revised Procedural Schedule and FERC Backstop Authority
Applicants believe the revised schedule set forth below will provide much greater
cohesion of the need presentations in the three states than do the current schedules but will also
permit the "non-need" portions of the Application to proceed . If the revised schedule is adopted,
PATH-VA will not seek a construction permit for the Virginia portions of PATH Project from
the Federal Energy Regulatory Commission pursuant to Section 216(b)(1)(c)(i) of the Federal
Power Act based on a claim that this Commission has withheld approval for more than one year
after the filing of the Application in this proceeding on May 19, 2009 if the Commission adopts
the major components in the revised procedural schedule set forth in this Motion and issues an
order on the Application by February 28, 201 1, a procedural schedule that PATH-VA believes is
most achievable.
As proposed in this Motion, the procedural schedule set forth in the Order would remain
in effect for the non-need issues . As was the case in the 502 Junction-Loudoun ("TrAIL")
proceeding, Case Nos. PUE-2007-00031 and 00033, the portion of the proceeding regarding
non-need issues can reasonably be adjudicated separately from the need. Importantly, the nonneed issues are not of the type that require updating, as they deal primarily with routing, EMF
and land value issues. PATH-VA expects that the record developed in the non-need portion of
the procedural schedule to be included fully in the Hearing Examiner's Report issued following
the close of the record on the need issues .
The procedural schedule for the need issues would be modified as follows :
Action
Applicant files supplemental testimony on
issues of electrical need
Respondents file testimony in response to
Applicant's supplemental testimony
Staff files testimony in response to Applicant's
supp ement testimony
Applicant files rebuttal testimony in response
to Staff and Respondent testimony
Evidentiary hearing begins
Proposed Date
July 6, 2010
August 3,2010
August 10, 2010
August 20, 2010
August 31, 201
The table attached to this Motion as Exhibit A identifies the PATH-VA witnesses who
filed direct testimony according to the phase of the evidentiary proceeding in which they are
proposed to appear. To the extent a witness for a Respondent has prefiled testimony that relates
both to need and non-need issues, the Respondent can identify the portions of that testimony that
will be presented in each phase of the hearing . This is no different a process than would have
been required if the procedural schedule were not modified and the hearing beginning on January
19, 2010 were phased between need and non-need issues as was done in the TrAlL proceeding .
This revised schedule ensures that PATH-VA's need presentation will be as robust and
inclusive as possible, and that Staff and Respondents have a reasonable opportunity to process
and respond to it before the evidentiary hearing . The modified schedule also seeks to make the
best use of the parties' efforts to develop evidence, for the Respondents have all submitted their
testimony, which they will not be required to update except as they may wish to respond to
PATH-VA's supplemental need testimony . PATH-VA also requests that discovery requests with
respect to the need case, propounded both to PATH-VA as well as to Respondents, be held in
abeyance until PATH-VA's filing of the supplemental testimony on July 6, 20 10 .
PATH-VA does not take lightly the decision to delay any aspect of this proceeding . The
PATH Project is an important baseline transmission project with a long lead-time for
construction . PATH-VA recognizes that a decision to delay the proceeding carries with it the
possibility that, in 2010 or subsequent years, the appearance of violations of NERC Reliability
Standards will, as Witness Herling testified, move closer in time, making the need for the PATH
Project even more urgent. Yet in view of the current procedural status of this multi-state project,
PATH-VA proposes the modifications to the abbreviated procedural schedule originally ordered
by this Commission,
WHEREFORE, PATH-VA requests the Commission modify the procedural schedule for
the need portion of this proceeding as set forth above and order that discovery on the issue of
need be held in abeyance until such time as the Applicant files its supplemental testimony
supporting the electrical need of the PATH Project. PATH-VA will provide new notices in
conformance with the Commission's Order for Notice and Rearing to change these procedural
dates.
Respectfully submitted,
PATH ALLEGHENY VIRGINIA
TRANSMISSION CORPORATION
Dated: November 6, 2009
Richard D. Gary
Charlotte P. McAfee
Noelle J. Coates
Hunton & Williams LLP
Riverfront Plaza, East Tower
951 East Byrd Street
Richmond, VA 23219-4074
(804) 788-8328 ; fax (804) 788-8218
[email protected]
[email protected]
ncoares@hunton .com
Counsel
Randall B. Palmer
Jeffrey P. Trout
Allegheny Energy
800 Cabin Hill Drive
Greensburg, PA 15601-1689
724-838-6894
[email protected]
[email protected]
Exhibit A
Mark A. Joensen, Ph.D .
Milorad Pokrajac
William Bosta
Jay A. Ruberto
Ronald L. Poff
Cyril Welter
Tim Gaul
J. Michael Silva
Dr. Linda S. Erdreich
Dr. Mark A. Israel
Director of Finance of Allegheny
Description of the PATH Project, its corporate structure
and Allegheny's interest in transmission development
General Manager, Regulatory Finance and Cost
Allocation for Allegheny Power
Impact of the PATH Project on retail rates of Potomac
Edison in Virginia
Director of Regulatory Services for Virginia and
Tennessee for AEP
Impact of the PATH Project on retail rates ofAppalachian
Power Company in Virginia
Director, Transmission Siting for Allegheny Energy
Service Corporation
Processfor selecting the pr~ferred routefor the PATH
Project, relationship of the route to existing transmission
line right-of-way, and the processfor acquiring additional
right-of-way andfee tracts ;
Senior Project Manager for Amefican Electric
Power Service Corporation
Design, engineering, construction, operation and
maintenance qf the PATH Project
Senior Project Manager for the Environmental Studies
and Permitting Division with Bums & McDonnell
LRE for Loudoun County
Senior Environmental Scientist and GIs Manager with The
Louis Berger Group, Inc.
LREfor Frederick and Clarke Counties
President of ENERTECH Consultants
Effects of electric and magnetic,fields, anxI audible noise
from the PATH Project
Senior Managing Scientist for Exponent
Epidemiologic effects of electric and magiteticfieldsfront
the PATH Project
Director of the Norris Cotton Cancer Center at
Dartmouth Medical School
Medical implications (pediatric oncology) of EMF
laboratory studies.
Lawrence A. Hozempa
Takis Laios
Steven R. Herling
Paul F. McGlynn
John M. Reynolds
Senior Engineer for Allegheny Power Description of the PATH Project, the electrical need
therefor, Allegheny Power's involvement in the PJM
planning process, and the relationship of AlleghenyI Power
transmissionfacilitics to the PJM Transmission System
Supervisor, Planning and Engineering, in the
Transmission Asset Management Department for AEP
Description of the PATH Project, the electrical need
therefor, AEP's involvement in the PJMplanning process,
and the relationship of AEP transmission facilities to the
PJM Transmission System
Vice President of Planning for PJM
PJM planning process, the relationship of the PATH
Project to PJM's regional transmission plan, and the
electrical needfor the PATH Project
Manager of Transmission Planning Department
for PJM
The electrical need-for the PATH Project
Senior Engineer for PJM
Loadforecasting in determining the electrical needfor the
PATH Project
CERTIFICATE OF SERVICE
I hereby certify that on this 61h day of November 2009, a true copy of the foregoing
Motion was delivered by hand or mailed, first-class, postage prepaid, to the attached service list,
which was copied from the Commission's electronic service list in Case No. PUE-2009-00043
on November 6, 2009 and to the following :
C . Meade Browder, Jr., Esq.
Office of Attorney General
900 E. Main Street
2nd Floor
Richmond, VA 23219
Wayne N. Smith, Esq.
Frederick Ochsenhirt, Esq.
State Corporation Commission
1300 East Main Street
Tyler Building, 1 Oth Floor
Richmond, VA 23219
27364.000(M EMFUS 28880538v5
9
SERVICE LIST
CASE No. PUE-2009-00043
As OF NOVEMBER 6,2009
Benson, W. T.
90"
Esquire
Piedmont Environmental Council
PO Box 460
Warrenton VA 201 88
Wel
Burger, John D.
39605 Wenner Rd
Lovettsville VA 201 80
Cadden, Kevin F .
1602 Aerie Lane
McLean VA 221 01
Crowley, James K.
PO Box 344
40267 Quarter Branch Rd
Lovettsville VA 20180
Dellano, Josephine B.
2567 E 21st St
Brooklyn NY 11235-2918
13226 Crest Lane
Purcellville VA 20132
~z !_'~
Dunlap, Daniel C .
39593 Sugar Maple Lane
Lovettsville VA 20180
Fisher-Guarino, Taina G.
11771 Folly Lane
Lovettsville VA 20180
Fognano, Kenneth M .
12915 Shady Lane
Purcellville VA 20132
Ghiorzi Baus, Angela
313 Ross St
1- nMIMIW"~~
G hiorzi, Irene A.
Ghiorzi, Theresa
39558 Wenner Rd
Lovettsville VA 20180
39558 Wenner Rd
Lovettsville VA 201 80
29 N Braddock St
PC Box 444
Winchester VA 22604
II - 1
H al 1, Patricia A.
Hodgson, Gordon M.
.
Hoffman, James S.
39540 Quarter Branch Rd
Lovettsville VA 20180
11 820 Berlin Turnpike
Lovettsville VA 20180
W&
39883 Catoctin View Lane
Lovettsville VA 201 80
Hyatt, Franklin J.
39687 Wenner Rd
Lovettsville VA 20180
ohnson, Lauren
190 Hannah Court
Winchester VA 22603
WE-
Kershner, Robert J.
11688 Purcell Rd
Lovettsville VA 20180
1750 Berlin Tpk
Lovettsville VA 201 80
MacHorton, J. G .
12910 Crest Lane
Purceliville VA 20132
Marmet, Robert G .
Esquire
Piedmont Environmental Council
45 Horner St
PC Box 460 Warrenton VA 20188
Matarazzo, William
39625 Sugar Maple Lane
Lovettsville VA 20180
Meiser, Hale A.
~RR-Xik~
8700 Lothbury Court
Fairfax VA 22031
g
Mohler, Nicholas L.
11479 Potomac Heights Lane
Lovettsville VA 20180
Murphy, Timothy
12031 Morningstar Place
Lovettsville VA 201 80
Palmer, Randall B,
Esquire
Allegheny Energy
800 Cabin Hill Drive
Greensburg PA 15601-1689
Randles, Kenneth
39998 Catoctin View Lane
Rimer, Dawn
12001 Morningstar PI
Lovettsville VA 20180
Roberts, John R.
County Attorney
County of Loudoun
-1
Lovettsville VA 20180
00M
I Harrison SL, SE/5th Fl.
Leesburg VA 20175-3102
Rosenthal, Dawn L.
39763 Rivers Edge Lane
Loveltsville VA 201 30
Silverman, Deanna
12011 Morningstar Place
Lovettsville VA 20180
Trout, Jeffrey P.
Esquire
Allegheny Power
800 Cabin Hill Dr
Greensburg PA 15601
Ulmer, Tylee M.
37964 Long Lane
Lovettsville VA 201 80
Vanderhye, Robert A.
801 Ridge Dr
McLean VA 22101-1625
Wallington, Mary L,
11583 Scott Morgan Lane
ROOM-',
qllm~'-
Lovettsville VA 20180-1668
ON 114"MI-111,4111
LEE,