AEP/FE Want Delay of PATH EIS Process Until 60 Days After Whenever

Keryn took the initiative and dug out this information from the National Park Service.  Go to her post at StopPATHWV for the details.

We reported a couple of weeks ago that the National Park Service December 31, 2011 deadline for the federal PATH EIS process had passed without any activity by either AEP/FE or the Park Service.  Well, the NPS has now posted a letter from AEP/FE dated December 16, 2011 on its Web site.

It appears that the power companies are now asking for an indefinite delay in the EIS process.  They say that PJM might consider the final plight of PATH in May 2012, but they really don’t know when a final decision will be made.  But AEP/FE are requesting a delay of the EIS process again until 60 days after PJM makes its decision.

What?  So you don’t know when PJM will make its decision but you want a delay until 60 days after that date, whenever that may be?  Really?  Translation:  We want a delay until 60 days after whenever.

Here’s the statement directly from the AEP/FE letter:

In light of this most recent PJM report, and in particular, the further analysis that PJM intends to undertake in 2012, the PATH Project remains in suspension as previously directed by the P JM Board at least through the period required for PJM Staff to report the results of the additional analysis described above, and for the PJM Board to take further action. Accordingly, the PATH Companies respectfully request that the NPS continue to hold its review of the pending applications for right-of-way authorizations in abeyance. As indicated by the PJM Staff report, additional analysis will be undertaken after completion of the May 2012 forward capacity auction results. The time required by P JM Staff to perform such analysis thereafter is not yet known. [emphasis added]

In order to accommodate the PJM study process, while providing a measure of certainty [Since when does “whenever” create “certainty”?  That’s a pretty small “measure.”] for both the PATH Companies and the NPS, the PATH Companies respectfully request that the NPS continue to hold its application review in abeyance until 60-days after the PJM Board issues a further decision on the status of the PATH Project. Promptly after being advised of such further decision by the PJM Board, the PATH Companies will notify the NPS of that decision and, within such 60-day period, submit a further request to the NPS with regard to the pending applications.

So now AEP/FE are performing a kind of striptease with NPS, USFS and the public.  They throw out the date May 2012, but then they say, but we really don’t know when the decision will be made.  After they say  they have no idea when PJM will make a decision about PATH, they say they will let NPS know 60 days after that date, but that date doesn’t exist.  They hope by flashing some numbers and dates they can fool the feds into thinking there is something solid there.

Here is a link to the power company fan dance.  I must say, it is quite a remarkable performance.  I’ll ask it again — Do they really think we are stupid enough to fall for this?  AEP/FE’s fancy DC lawyers seem to think so.

We’ll see what NPS does with the 60 days after whenever request.

Thank you, Keryn, for digging out this information.

2 thoughts on “AEP/FE Want Delay of PATH EIS Process Until 60 Days After Whenever

  1. The power companies want the NPS/NFS to believe that playing mystery date “provides a measure of certainty” to them.

    The only “certainty” here is that when a corporate lawyer opens his mouth, crap comes out.

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