WV PSC Getting Fed Up with AEP/Allegheny

It looks like the WV PSC Commissioners are losing patience with AEP/Allegheny’s claims that their delays in the WV PATH case are designed to “align the procedural schedules in all three states.”

Here is the link to the WV PSC order issued this afternoon.

The PSC has apparently gotten tired of AEP/Allegheny’s lawyers’ claims and ordered as follows:

IT IS FURTHER ORDERED that within fourteen days of the date of this Order the Applicants file a description of the current state of the PATH project in Maryland and Virginia, in addition to the other considerations described in the Discussion of this Order.

In this order, the PSC did not grant AEP/Allegheny’s request to delay the final deadline for the PATH case until July 28, 2011.

Here is the PSC’s assessment of what can only be called PATH’s absurd claims that the WV, MD and East Virginia cases are “aligned”:

At the time of this Order, based on a review of public documents of the Maryland Public Service Commission, the Maryland Commission has not yet issued a procedural schedule in its proceeding. There is also no active proceeding on file in Virginia. We are concerned that we are moving forward under a time table that will once again separate the processing schedules in the three jurisdictions resulting in administrative inefficiencies.

In light of the consideration given to the proceedings in Maryland and Virginia in rescheduling the present case and the filing by the Applicants of a proposed revised procedural schedule, the Commission will direct the Applicants to file a brief description of available information regarding the timing of the anticipated  proceedings in Maryland and Virginia and how the potential efficiency of keeping the schedules “reasonably well aligned” will be retained or facilitated by the requests in this case.  The Applicants should also provide suggestions as to how such alignment could be accomplished given the statutory requirements in West Virginia as well as in Maryland and Virginia.

This order also requires AEP/Allegheny to provide land owners with individual notice about two route changes for PATH.  I will cover that topic in another post.

The PSC also cited the Witzman’s trespassing experience with the Berger bat guys in the order.  Land owners should be aware that if you do not send your denial of permission to enter your property directly to AEP/Allegheny and their PATH front companies, the power companies can claim that they did not have notice of your denial of entry.  Just sending your notice forms or letters to the PSC is not good enough.