30 Parties Intervene in PATH Abandonment Case at FERC

Keryn has a great summary of the parties who filed to intervene in the PATH abandonment case at FERC.  Thirteen state public utilities commissions and consumer advocate agencies have file to intervene, along with 12 electricity consumers.  And yes, the WV PSC and Consumer Advocate Division both intervened either individually or jointly with other states.  Keryn’s post over at StopPATH WV has links to the various petitions to intervene, so you can check them out yourself.

I must say, it is refreshing to finally see state officials expressing the exact same criticisms of PATH that citizens have raised now for four years, such as:

  • The power companies rushed into all kinds of unnecessary spending, including paying $30 million for substation property, before they had gotten any regulatory approvals because they thought they could just pass all these costs onto rate payers.
  • As noted in my post last week, the ICC reminds FERC that the federal 7th Circuit Court has still not ruled on whether PJM’s “postage stamp” rate recovery system is even legal in the first place.
  • AEP/FE are claiming costs because of regulatory delays, but the companies were the ones who caused all those delays, including their blatantly illegal first application in MD.
  • Almost all intervenors referred to the sloppy and incomplete presentation of their case by AEP/FE.  Of course, this is nothing new to those of us who have been in regulatory cases over PATH in the past.
  • All intervenors, in one way or another, state that AEP/FE’s claims that no hearing is necessary and that FERC should just approve their $121 million, is completely absurd and that a full examination of every PATH cost is required.

Several state PSCs note in their petitions to intervene that the $121 million that AEP/FE want from us to pay for their PATH folly is TEN TIMES the amount the FERC has allowed any other transmission projects like this to recover for abandonment costs.  TEN TIMES.

Here is how AEP/FE concluded their filing at FERC:

Finally, PATH LLC and the PATH Companies request that the Commission accept the proposed revisions to the PATH Formula Rate to permit recovery of the Abandonment Costs as requested, effective December 1, 2012.

There was no mention of a hearing, just “give us what we want by December 1, 2012.”  Well, we now know that won’t happen.

Now we’ll see if AEP/FE, has they have in every regulatory case for PATH, will try to keep the four WV citizens and the eight MD citizens from participating in the case by challenging our rights to intervene.

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