Potomac Edison Memorandum and Responses

On August 3rd, Potomac Edison issued a “Memorandum in support of the Potomac Edison Company’s petition for judicial review of the December 20, 2010 findings and decision of the Board of Appeals for Frederick County.  C.A.K.E.S., Sugarloaf Conservancy, and Attorney Michael Chomel, Senior Assistant County Attorney all issued responses to the memo.  All these documents can be accessed below.

Potomac Edison Memo : click here

C.A.K.E.S. response: click here

Sugarloaf Conservancy response: click here

Attorney Chomel’s response: click here

Date set for Circuit Court Hearing

The date has been set by the Circuit Court for Frederick County to hear Potomac Edison’s appeal of the Board of Zoning Appeals’ decision to deny Potomac Edison’s request for a zoning exception to construct the “Kemptown Substation”.   The hearing will be held on Monday, 11/14/2011 at 9:00AM.  The location is:

Circuit Court for Frederick County
100 West Patrick Street
Frederick, MD 21701

We will pass along more information as the date approaches.  For now, please mark your calendars and plan to attend this important event.

West Virginia urges FirstEnergy to rebuild Pruntytown line

According to http://calhounpowerline.com/, in March, both houses of the WV Legislature passed a concurrent resolution, SCR149, urging the WV PSC to order FirstEnergy to rebuild the Pruntytown to Mt. Storm 500 kV transmission line.   Note that this resolution is non-binding, so it is not an order by the legislature.   This line is also the only remaining section of the PJM grid that PJM claims will have any problems, under emergency situations, for the next 20 years, once Dominion’s rebuilding of the Mt. Storm to Doubs line is completed.
WV PSC staff attorney John Auville, filed a petition requesting that the PSC order AEP and FirstEnergy to conduct a report on the condition of their high voltage transmission system in WV, with particular focus on the 40 year old Pruntytown to Mt. Storm line.  Auville wants this report submitted to the PSC within 30 days. To further this point, it is Staffs understanding the Pruntytown-Mt. Storm line recently when out of service due to equipment failure and it did not create any problems for the system, with standard operating procedures remaining in effect.
All we have heard from PJM for the last five years that the world will come to an end of one of its high voltage transmission lines goes down.  Keep in mind that Dominion hasn’t even started replacing the Mt. Storm to Doubs line, so PJM’s system is still the same as it has always been, except for the addition of the TrAIL line that was energized on May 19.  Mr. Auville notes that the decrepit Pruntytown went down and didn’t cause PJM to take any unusual actions in response.  This transmission line can easily be taken off line right now to be rebuilt

PATH Application Withdrawn in Virginia

Virginia did allow the withdrawal but with conditions.:
(1) PATH-VA’s Motion to Withdraw should be granted;
(2) PATH-VA should be directed to preserve the analyses underlying the TEAC Slide [A slide from a PJM report on why PATH was not included in PJM’s 2011 Regional Transmission Expansion Plan, also known as the RTEP];
(3) PATH-VA should be directed to file the following information in this docket: (i) the solution of the’Base Case’ and ‘Base Case + Warren’ as text files; (ii) the power flow tests used to identify NERC thermal violations for the’Base Case’ and ’Base Case +Warren’ scenarios in PSS/e electronic format; (iv [sic])) the results of the studies summarized on the TEAC Slide for the ‘Base Case’ and ‘Base Case + Warren’ in a format and level of detail equivalent to Exhibit Nos. 1-3, of Mr. Paul McGlynn’s prefiled direct testimony in this proceeding ; and (iv) tables of generation loaded into the ‘Base Case’ and ‘Base Case +Warren’ and what generation was reduced in the at-risk scenario. [Alternative scenarios that the SCC had required AEP/FE to provide following attempts by PJM to rig comparisons among various alternatives to PATH.]
(4) Any future application for the PATH Project should include information regarding PJM’s 2012 or later RTEP;
(5) Any future application for the PATH Project should include an analysis of changes in circumstances (as measured from the ‘Base Case’ of the TEAC Slide), including changes in generation,demand response, and energy efficiency resources;
(6) Any future application for the PATH Project should provide information on the PATH Project’s original routes (including routes that do not impact Virginia), consistent with other proposed and alternative routes;

Note in particular that item (4) above requires that AEP/FE must include information from “PJM’s 2012 or later RTEP” in any future application.  PJM releases its RTEP for a particular calendar year in February of the following calendar year.  This requirement effectively prevents AEP/FE from re-applying for PATH in East Virginia until after February 2013.  By then, Dominion’s Mt. Storm to Doubs rebuild project might be nearing completion and Dominion’s huge new combined cycle gas-fired power plant will also be nearing completion, all but making it impossible for PJM to justify a new application for PATH in East Virginia, or anywhere else.

PATH application withdrawn in Maryland

On June 22, 2011, the Maryland Public Service Commission (PSC) closed case #9223 based on the withdrawl filed by Potomac Edison.  What is important to note is that they can come back in a year’s time and reapply.  In Maryland there are no conditions placed upon a new application.  Click here to read the full ruling.

Update on legal proceedings

Currently we are “on hold” while Potomac Edison reviews the 1,700 pages on testimony and exhibit from the 27 hours of Board of Appeals hearing.  Once the Frederick County Planning Department and Potomac Edison agree that the 1,700 pages accurately reflect the testimony given during the hearings and the exhibits, they will be turned over to the Circuit Court to start the formal court process.  Briefs will then be presented by Potomac Edison as well as Frederick County Senior Assistant Attorney Michael Chomel, our C.A.K.E.S. attorney, Scott Miller, and the Sugarloaf Conservancy attorney, Amy Grasso.  As this process moves forward, we will keep you advised as to the status .  Please remember, this is a formal Court proceeding and not just a Hearing as we had before the Planning Commission and the Board of Appeals.  Therefore, we all must refrain from any out bursts, signs, pins, T-shirts, etc. or the Judge will clear the Court Room of all observers and it can be held against our cause.

C.A.K.E.S. Yard Sale another success!

The 3rd C.A.K.E.S. yard sale was held on Saturday and was a huge success.  Another huge thanks goes out to the Combs who once again organized and hosted the sale.  The funds raised from this and prior sales is a great help to our efforts.

Thanks also to all the volunteers, donations, and sturdy lifters, and drivers!

PATH responds to recent comments on temporary suspension

On April 14, 2011, PATH has issued a response to comments from C.A.K.E.S., and other groups, regarding the FERC 14.3% ROE which will continue while PATH is ‘suspended’. It is a clear picture of how PATH will continue the plans for Kemptown and how they don’t consider Frederick County to have any say so regarding the location of the substation.  This is a continuing battle and we need to stay vigilent!  Click here for the path response.

Cupcakes for C.A.K.E.S.

Although the PATH project is on hold for now, as we’ve said before, they will be back at some point to try to place a substation at the proposed location.  If its not for the PATH project, then it will be for something else.   C.A.K.E.S. will continue to remain vigilant in fighting the placement of a substation near our homes for ANY project.  As such, we continue to incur legal expenses and need your continued support.

Please come out to the Buzz on April 27th from 7am to 7pm for Cupcakes for C.A.K.E.S.  sponsored by the Kemptown/Green Valley MOMS Club.   Your donations are tax deductible.   Click here for a flyer with more details.

PJM Filing Error

Dear Neighbors and “Kemptown” Substation Opponents,

Thank you, to one and all for your quick response to last weekend’s letter writing campaign/call-to-action for comments to the Federal Energy Regulatory Commission on Docket #ER11-2140-001 filing #20110222-5156.  It was an overwhelming success with more than 200 letters pouring in and it shows the great power of citizens rising together!

We want to let you know that we have subsequently learned that the filing by PJM contain erroneous data regarding a 500kV substation.  PJM used an old PATH plan from three years ago which included a 500kV substation on the proposed substation location.  PJM was actually upset to learn that their filing had old information in it and is not a proper docket or proper filing.   Unfortunately, we did not learn this until after we received letters from so many of you.  We are, nonetheless thankful for your response and regret any inconvenience this caused folks.

Although this particular filing by PJM contains erroneous material, you should be aware that there are still at least THREE plans in PJM’s possession that call for utilizing the proposed Bartholows Road location for a substation.  We will provide more information regarding those plans in future communications.

Our work is far from done.  In fact, our focus needs to immediately turn to sending letters to FERC voicing our objection to PATH’s request to keep the project in ‘suspension’ for years to come and still receive the 14.3% Return on Equity (our money) on all expenditures during that time.  You can bet that PATH will be using their ‘suspension’ time to do rigorous studies of how to determine the ‘need’ and we can’t be asleep at the wheel.  A template for this letter and directions can be found at http://www.stoppathwv.com/1/post/2011/03/who-wants-to-help-nail-the-coffin-shut.html.  If these letters are submitted with the same amazing response as the letters of the past several days, FERC will have no choice but to stand up and take notice!  Please make sure to voice your objections, making it as personal as possible so that they have to read each and every letter they receive!

Meanwhile we still have to confront PATH’s appeal of the Board of Appeals decision which will be heard in circuit Court in Frederick County at a date in the future.  We’ll have more details on this in the days ahead, but we want to thank everyone for their strong appearance, research, time and energy through the many hours of hearings in Frederick!  It made a huge difference as you can see by the full support of the Frederick County Government behind us!

We still have work to do and the need for our lawyer is still ahead of us, so the fundraising efforts continue. Speaking of which, we hope to see you this Saturday evening (March 19th) for the Spring Fling at Linganore Winecellars/Berrywine Plantations.  Let us know if you still need tickets!

Thank you again for a tremendous letter-writing campaign.  Let’s do it again with this next letter to FERC about the 14.3% ROE!  The incredible and quick response shows just how effective we can be!

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