Capon Valley Coalition

U.S. Reps. Frank Wolf and Tom Davis, who represent residents in the path of TrAIL in Northern Virginia, have introduced legislation to prevent the Federal government from taking over the siting of power transmission lines from state and local authorities — a very real threat with TrAIL.

Wolf and Davis are Republicans, but they noted in a press release that the Democratic chairman of the Domestic Policy subcommittee of the House Government Reform Committee has agreed to hold a hearing on the matter.

You can read their Feb. 5 press release here.

Meanwhile, Potomac News.com reported on the Wolf-Davis legislation and efforts by two Virginia state lawmakers on the power line issue under the headline, “Bill to provide power line information”.

We need West Virginia lawmakers to get involved like this! Write them and tell them to get going.

This letter came in today’s email from Lew McDaniel of Independence, WV, (west of us in Preston County). Lew gave us permission to put his letter on our Web site.

Good day:

I am a member of the Laurel Run Community Watershed Association. We are a small group of folks who watch over Laurel Run, our local stream in a small part of Monongalia, Preston, and Taylor counties. Web site: www.laurelrunwatershed.org.

Two of the proposed Allegheny TrAIL routes would pass through the Laurel Run watershed near Gladesville, WV and across the property of some association members and others in the area.

To date, we have protested via petition signed by area residents sent to Allegheny. We intend to also file protests with the state Public
Service Commission once AEP files . We requested a meeting with Jay Ruberto, the power line siting director and were rebuffed. He is
apparently not interested in discussion until route possibilities are
more defined. He said the siting map at this location should be updated in a week or two and filing with the PSC is anticipated near the end of March:

http://www.aptrailinfo.com/downloads/Allegheny%20Energy%20TrAIL%20500%20kV%20Extended%20Project%20Area.pdf

We also emailed our area legislators, but received minimal response. We do not feel county commissioners in our area will be supportive due to power plants in our area and their support of them. We also contacted the WV Public Service Commission. Among other things, the executive director stated:

“contrary to the assertion found in some letters received by the Commission, this Commission’s initial jurisdiction over such transmission line construction and siting has not been removed by any provision of the Energy Policy Act of 2005.”

There is information that may be useful at the Federal Energy Regulatory Commission site regarding power line siting.” The information below suggest FERC has a different view over
jurisdiction. See:

FERC Proposes Rules for Federal Eminent Domain in National Interest Electric Transmission Corridors:
http://energylegalblog.com/archive/2006/06/26/230.aspx

This one contains info that might be useful in protesting directly to
FERC. It appears a docket number is needed:

A Guide to the FERC Electric Transmission Facilities Permit Process:
http://www.ferc.gov/EventCalendar/Files/20070129190117-guide-transmission.pdf

My personal opinion is that this issue has many components:

* Rural America does not want power lines through our property or
scenic areas; urban areas do not want generation facilities in their areas
* The value of our scenery and ecologically sound areas here is as
great as buildings and parking lots in Baltimore/Washington.
* Federal law, with FERC acting as the agency, should not have
eminent domain rights when a private concern (AEP) will profit
* AEP will dot every “i” and cross every “t” in all areas to assure
permitting of the line, thereby making defeating them very
difficult.
* The “build a power line” approach may be the quickest route to
Return on Investment for AEP, but it is very 20th century and does
not take into account supply side management or alternative energy
sources.
* AEP will pay a flat cost for right of way easement, but reap
profits for generations to come with no benefit to the private
landowner.
* The same issues will arise when AEP tries to build a similar line
from the John Amos plant near Winfield on the Kanawha to New
Jersey in 2008. This line is supposed to pass south of Clarksburg.

I will pass along info about our activities as they occur.

Lew McDaniel
Independence, WV