WV PSC Legal Staff Files Motion to Dismiss PATH Application

In my excitement, I was going to title this post “WV PSC Staff Drops the Bomb,” but I decided to be more restrained.

Here is the staff’s motion to dismiss, in all its glory.

The PSC lawyers hit every single issue we have been presenting here on The Power Line for the last month.  In particular, the staff points to Dominion’s Alternative 1 as being far superior to PATH in every respect.  The staff cites the multiple results of PJM’s failure to consider Alternative 1 as being the primary reasons why AEP/Allegheny’s PATH application no longer meets the basic standards for a high voltage transmission line certificate of need as set out in WV statutes.

The motion to dismiss is a recitation of all of the failures of PJM’s transmission planning process.  The motion is a direct assault on PJM’s deceptive, misleading and contorted actions as more and better alternatives to PATH have appeared in the last year.  The staff concludes:

Staff moves the Commission (1) to dismiss PATH’S Application without prejudice; (2) permit for re-filing once a new analysis has been completed that includes all the recent developments; (3) order the Applicants to file updated testimony in regards to the economic and environmental aspects of this project, including a discussion of
the need to rebuild the Pruntytown-Mt. Storm line. [the part of Alternative 1 that is owned by Allegheny]

The staff’s motion effectively requires AEP/Allegheny and PJM to make a fair assessment of all viable alternatives to PATH within any new PATH application.

Now it is up to the Commissioners of the WV PSC to stand up for our state against the self-appointed power company cartel, PJM Interconnection.  The Commission staff has stated the case clearly for all to see.  Their motion is a masterful summary of all that is wrong with the PATH project and PJM’s corrupt “planning” process.