Capon Valley Coalition

This is simply NOT good news.

From today’s front page of the Washington Post:

U.S. Plan Could Aid Disputed N.Va. Line

By Sandhya Somashekhar
Washington Post Staff Writer
Friday, April 27, 2007; A01
The federal government said yesterday that it would give power companies special rights to build their lines in the Washington region and some other parts of the country, permitting the companies to bypass state authority if necessary in the interest of bolstering the nation’s electrical grid.

The change could give Dominion Virginia Power greater authority to build a controversial line through Northern Virginia. The company says it has no plans to bypass the state’s authority but won’t rule it out.

During an afternoon briefing, U.S. Energy Secretary Samuel W. Bodman announced that the networks of high-voltage power lines in two regions — the Southwest and the mid-Atlantic — are so inadequate that fixing them is a national priority.

As a result, he said, he has named the areas “national interest” corridors. That means that if state officials deny or delay power line projects, companies can appeal to the Federal Energy Regulatory Commission, which can overrule states and force the projects through. The department will finalize the corridors after two months of public hearings and discussions.

The move will “set us on the path to modernize our constrained and congested electric power infrastructure,” Bodman said in a statement. “I am confident the department’s actions will help facilitate the infrastructure growth necessary to meet the demands of our growing economy.”

Some energy specialists lauded Bodman’s announcement, saying that power line construction nationwide has been slow in the past few decades, partly because of local opposition. That has left the grid vulnerable to the kind of blackout that occurred in New York in 2003, they say.

The mid-Atlantic region identified by Bodman would include parts of Virginia, Maryland, Ohio, Pennsylvania and New York and all of New Jersey, Delaware and the District.

A spokesman for U.S. Rep. Frank R. Wolf (R-Va.), who has opposed Dominion’s effort to build a 500,000-volt transmission line, said the decision intrudes on the rights of states to decide what is best for their residents.

“Shouldn’t a state have a say instead of being run roughshod over?” spokesman Dan Scandling said. “That’s the crux of the issue. While there may be a need in New England, does that mean the pristine areas of Virginia should be destroyed for the sake of New York City?”

Wolf and U.S. Rep. Thomas M. Davis III (R-Va.) support a bill that would do away with the “national interest” designations, which were called for by the 2005 Energy Policy Act. They have penned a second bill that at least would require the federal government to consider the impact on private property, historical sites and other factors before designating a national interest corridor.

Scandling said he thinks the bills will gain traction with yesterday’s announcement.

Energy officials will hold public meetings on the subject over the next two months, including one in Arlington County on May 15, before finalizing the decision, perhaps later in the year.

But opponents of the power line proposed for Northern Virginia are alarmed. They say that Bodman’s plan threatens open space, private property and historical sites that could be ruined with the introduction of cables and steel towers.

Dominion officials say the line, which would wind through Rappahannock, Fauquier, Prince William and Loudoun counties, is necessary to avoid blackouts in Northern Virginia in the next five years.

For now, Dominion has backed away from a more controversial proposal that would have cut through some Civil War and environmentally sensitive sites. Instead, power company officials said, the line would wind along existing power line corridors in those areas, a plan that still does not please critics.

Company officials said they hope to gain swift approval from the Virginia State Corporation Commission and complete the project by 2011.

“We’ve determined the best avenue for us to take is to go through the state process,” Dominion spokeswoman Le-Ha Anderson said. “It’s proven, we know that it works, and we know it’s very fair.”

The state has approved every power line ever proposed by Dominion, Anderson said.

Opponents of Dominion’s project say they will redouble their efforts to stop it in the wake of yesterday’s announcement.

Robert W. Lazaro Jr., spokesman for the slow-growth Piedmont Environmental Council, said the federal government would be less sensitive to Virginia’s plight than the state.

“Now, the state — which knows its social, natural and cultural resources better than anyone — can be bypassed,” Lazaro said. “If the SCC agrees with us and says the line is not needed, Dominion can turn around and say: ‘Well, we don’t like that answer. We’re going to go ask someone else.’ ”

Another issue is eminent domain. The new label would allow power companies in “national interest” areas to have greater rights to condemn private property.

Lazaro’s group says that Dominion’s purpose is to serve lucrative markets in New York and New Jersey. Virginia regulators might be swayed by that argument, but it might not have much influence with national regulators, who are seeking to coordinate the grid across state lines.

We have feared that Allegheny Power’s plan to run its TrAIL power line through the Capon Valley would just be the first of many.

But we did not think the new power line would be announced so soon!

Michael Lee Biedler from the River Ridge Property Owners Association sent us the press release below from PJM today.

NOTE: The Capon Valley is right along the line from St. Albans, WV, to Kemptown, MD.

WE NEED TO STOP TrAIL TODAY … SO WE CAN STOP THIS NEW LINE TOMORROW.

Allegheny Energy and American Electric Power to Form Joint Venture to Build 765-kV Transmission

PJM Planning Study Calls for Transmission Expansion

GREENSBURG, Pa.–(BUSINESS WIRE)–April 18, 2007–Allegheny Energy, Inc. (NYSE:AYE) has signed a memorandum of understanding with American Electric Power (NYSE:AEP) to form a joint venture company to build and own new electric transmission assets within PJM Interconnection.

Under the terms of the memorandum, Allegheny and AEP will build 765-kV transmission lines and related facilities to link AEP’s Amos substation, near St. Albans, W.Va., with Allegheny’s proposed Kemptown station in Maryland. The joint venture will build and own approximately 250 miles of 765-kV transmission lines from AEP’s Amos station to the Maryland border. An additional estimated 40 miles of 765-kV transmission line from the Maryland border to the Kemptown substation will be developed and owned by Allegheny.

Based on current plans, the proposed project is estimated to cost approximately $1.8 billion, some of which would be owned by the joint venture, with other portions owned by the respective companies. Allegheny currently estimates that its total investment in the project will exceed $1 billion. The board of the joint venture company will determine the scope of any additional transmission investments.

A PJM study released today indicates that the Amos-Kemptown 765-kV line is the preferred solution for ensuring the long-term reliability of the region’s transmission system. Allegheny and AEP anticipate that the Amos-Kemptown line will be included in the next PJM Regional Transmission Expansion Plan (RTEP) scheduled for release in mid-2007. Once the project is included in the RTEP, the joint venture will seek regulatory recovery consistent with the Federal Energy Regulatory Commission’s declaratory orders made July 20, 2006 for Allegheny’s Trans-Allegheny Interstate Line Project and the AEP Interstate Project. The in-service date for Amos-Kemptown will be determined by PJM, with the earliest possible completion in 2012.

“We stand ready to strengthen the transmission system in accordance with PJM’s findings. Its latest study confirms that further investment is critical to providing dependable electric service and keeping pace with growing demand,” said Paul J. Evanson, Chairman, President and Chief Executive Officer of Allegheny Energy. “Joining forces with AEP leverages both companies’ strengths for this essential project.”

The joint venture will operate as a transmission utility and be subject to the rules and regulations of the Federal Energy Regulatory Commission and PJM. It will be managed by a board that includes two representatives from AEP and two from Allegheny. AEP will have lead responsibility for engineering, designing and constructing the 765-kV elements of the project. Each company will provide services to the joint venture for siting, acquiring rights-of-way, regulatory approvals, and operations and maintenance of the project.

Allegheny’s Trans-Allegheny Interstate Line (TrAIL), a separate, 210-mile project scheduled for completion in 2011, would not be part of the joint venture. The agreement also does not preclude either company from pursuing other transmission opportunities in PJM.

Allegheny and AEP expect to execute definitive agreements for the joint venture by mid-2007 and anticipate the joint venture will begin operations in the second half of 2007.

Over Easter weekend in Wardensville, we ran into someone who asked if Capon Valley Coalition was giving up, now that Allegheny Power has proposed a single route for its 500-megavolt power line.

Heck, no. We’re just getting started … and we’ve had a very good start.

• More than 750 supporters in our database
• More than 700 people have signed the petition to stop Allegheny Power
• More than 225 email addresses

Both the Hampshire County and Hardy County commissioners have passed resolutions opposing Allegheny Power.

We have met with the staffs of Sen. Robert Byrd, Sen. Jay Rockefeller and Rep. Shelley Moore Capito. We are providing them with information, and we are making it clear we expect them to support their constituents in Eastern West Virginia.

We have also met with the local staff of Gov. Joe Manchin and conducted numerous phone conversations with staff at the West Virginia Public Service Commission.

We have received news coverage from the newspapers in Moorefield, Romney and Cumberland as well as West Virginia Public Radio.

We have a Web site up and running and a bulk email program that can reach all of our supporters who have email addresses.

That’s in just three months, folks, on a budget of absolutely ZERO!

Bottom line: On Dec. 30, the day before Allegheny Power shut off comment on their plans to run this power line through our communities, no one in the state knew how the residents, property owners and businesses of Hampshire and Hardy Counties felt about this invasion of our land. Now everybody knows: We say NO to Allegheny Power and TrAIL.

And we’re just starting.

You think Alleghey Power hasn’t noticed? They have! That’s why they ran the full-page ad in the Hampshire Review “thanking” people for input. Never mind that they ignored the input.

NEXT STEPS

With Allegheny Power’s formal filing of the application to build the power line in West Virginia, our focus is turning to the W.V. Public Service Commission, the various state offices that will work on the application … and Gov. Manchin.

CVC Cochairman Bill Golemon — Bill was volunteered for the post at a meeting of the steering committee on Saturday — and member Grady Bradfield hope to exchange a few words with the Governor on Wednesday at a function in Charleston.

CVC is also planning to hire an attorney to represent our interests before the Public Service Commission. We have culled our list of potential lawyers to two and expect to make a decision in the new week or so.

We have also begun the process of incorporating the Coalition as a non-profit entity so that we can accept donations. (We have actually collected $500 in checks already, and steering committee members have spend more than $1,000 out of their own pockets on expenses.)

WE NEED YOU …

To write letters.

We know we sound like a broken record, but you do have power. Politicians and bureaucrats alike pay attention to voters.

Write to the West Virginia Public Service Commission and tell them you oppose Allegheny Power’s TrAIL project. Be sure to send a copy to Gov. Manchin as well.
It does not have to be a long letter. It does not have to be technical. It carries more impact when it comes in your words.

If you feel tongue-tied, we have letter-writing tips on our Take Action page.

Down the road, we will be asking for donations. Not everyone will be able to donate even a few dollars, but everybody can write a letter.

On Friday, Allegheny Power filed its application to run the 500-megavolt power line known as TrAIL through our lovely communities.

The filing is huge — 656 pages. You can find it online at: http://www.psc.state.wv.us/imaged_files/Docket/2007_03/dck20070330155749.pdf.

There is a vaguely defined map on page 656 of the filing.

Starting on page 637, there is a more specific description of how the line will cross West Virginia.

Hardy County starts on page 642. (See text below.)

Hampshire County starts on page 644. (See text below.)

You can find the Allegheny Power press release at www.aptrailinfo.com/downloads/West_Virginia_Filing_Release.pdf.
THIS IS NOT THE FINAL ROUTE.

THE FIGHT WILL GO ON TO STOP ALLEGHENY POWER AND TrAIL.

The following text is taken directly from the Allegheny Power filing. We have bolded some landmark terms to help people follow the route:

HARDY COUNTY

The proposed Line Route continues to the east across Patterson Creek Mountain, where, at the ridge top, the proposed Line Route crosses into Hardy County.

In Hardy County, the proposed Line Route continues to the east along the existing right-of-way crossing Never Ending Road adjacent to the existing right-of-way. Fish Hatchery Road is crossed at a point 1,200 feet west southwest of the intersection of this road and Old Fields Road.

East of Fish Hatchery Road, the proposed Line Route diverts to the north about 200 feet away from the existing right-of-way to cross Wisteria Lane and avoid two residences and a barn on the west side of Old Fields Road. After crossing Old Fields Road, the proposed Line Route returns to the adjacent alignment on the north side of the existing 500 kV right-of-way. The total length of this diversion is 4,100 feet.

US Highway 220 is crossed about 2.3 miles north of the Old Fields community area. Immediately east of the highway, the proposed Line Route crosses Reynolds Gap Road 1,000 feet north of the west end of Reynolds Gap.

Continuing along side the north edge of the existing right-of-way, the proposed Line Route crosses the southern reaches of Mill Creek Mountain and spans across the canyon of the South Branch of the Potomac River at a point about 2.8 miles northeast of Old Fields. East of the river the proposed Line Route continues alongside the existing 500 kV right-of-way across Sawmill Ridge and a narrow valley known locally as The Trough.

Trough Road is crossed about 1.6 miles north of the McNeill site. On the east side of Trough Road, the proposed Line Route enters the western slopes of South Branch Mountain and crosses local roads that provide access to residences in the area.

At the summit of South Branch Mountain, the proposed Line Route starts down the gradual east side of the mountain following the north side of the existing 500 kV right-of-way. The proposed Line Route crosses Mount Olive Road at a location 3,500 feet southwest of Mt. Olive Church.

East of the road, the proposed Line Route continues alongside the existing right-of-way crossing several small ridges and twice crossing an unnamed road 1,900 feet south of the Mt. Olive Church. Continuing eastward the proposed Line Route next crosses the North River and North River Road, about 3,000 feet north of the community of Inkerman.

The proposed Line Route continues to the east crossing various irregular ridges as the proposed Line Route passes through the south edge of the gap formed by the North River in Short Mountain. In this location the proposed Line Route is 1,800 feet south of Rock Oak and south of the North River and Ford Hill Road (Hardy County Highway 53).

The proposed Line Route crosses Needmore Road about 1,800 feet south of the North River and Water Lick Road about 1,000 feet south of the river. East of Water Lick Road, the proposed Line Route diverts away from the existing right-of-way to avoid a sawmill and several residences farther to the east along the existing right-of-way.

At a point 1.5 miles west of Rio, the proposed Line Route angles to the northeast away from the existing line and crosses Ford Hill Road at a location about 1.2 miles west of Rio and 1,500 feet west of the existing line crossing. The proposed Line Route crosses the North River a second time and passes into Hampshire County.

HAMPSHIRE COUNTY

In Hampshire County, the proposed Line Route continues to the northeast, remaining north and west of the existing right-of-way at distances of approximately 1,100 to 1,800 feet.

About 2.0 miles northeast of Rio the proposed Line Route turns to the east and crosses North River Road (County Road 29) about 2,500 feet north of the crossing by the existing transmission line and 2.4 miles northeast of Rio. East of the road, the proposed Line Route crosses the North River a third time and passes about 1,000 feet north of a fish hatchery on an alignment about 1,500 feet north of the existing 500 kV right-of-way.

East of the fish hatchery the proposed Line Route continues to the east gradually returning to an alignment adjacent to the existing right-of-way, which is reached 1.46 miles east of North River Road. The total length of this diversion is 5.19 miles.

The proposed Line Route continues to the east adjacent to the existing right-of-way crossing North River Mountain and Baker Mountain. East of Baker Mountain, the proposed Line Route crosses State Highway 259 and the nearby Cacapon River, both 3,000 feet north of the community of Cacapon Lake.

The proposed Line Route next crosses Milk Way and Bucks Way adjacent to the existing right-of-way.

About 4,900 feet east of Milk Way, the proposed Line Route again diverges from the existing 500 kV transmission line this time to the east to avoid residences in the area.

The proposed Line Route crosses Back Creek Road 1,300 feet east of the crossing by the existing line and continues to the southeast passing to the east of the residences along Capon Woods Resort Road. The proposed Line Route rejoins the existing right-of-way 3,000 feet south of the south end of Capon Woods Resort Road. The total length of the diversion is 1.9 miles.

Lew sends us these observations:

The Public Service Commission of Maryland has released “ELECTRIC SUPPLY ADEQUACY REPORT OF 2007″ . Pages 33 and 34 at http://www.psc.state.md.us/psc/Reports/2007SupplyAdequacyReport_01172007.pdf are of particular interest.

In a nutshell, WV generates over 90% more electricity than it uses. Delaware, Maryland, Virginia, New Jersey, and the District of Columbia import about 20% or more than they generate. Those states and DC lack the resources to not only maintain present electricity levels at their current state of development, but to expand.

By the way, in 2004, the states with the highest net electricity exports were Pennsylvania, West Virginia, Texas, Alabama, and Illinois. Failing some national paradigm shift in how electricity is generated, WV’s coal - and natural gas - are likely to be in high demand for the foreseeable future.

I Don’t Want To Light Your New Urban Development

As a landowner, I consider the notion onerous that my land can be taken - and I do consider it taking when I do not want to sell, even were I to receive market value - to support unbridled development and citizen convenience in another state. To me, this is not a Not In My Backyard Issue; it is an I Don’t Want To Light Your New Urban Development issue.

Aesthetics and ecological issues aside, if I am going to be forced to sell my land as part of a way to provide electricity in high priced Washington, DC, I want [to be] paid for the land at the fair market value in the location where the electricity is delivered. Better yet, I want [to be] paid a portion of the value of the electricity that flows through the line that runs across the right of way on my property every minute of every day.

I know - that is not the way things work. But it should be. The bottom line is electricity for urban sprawl is being financed at rural America’s expense. To me, that means a battle of broader scope than the energy corridor concept is at hand.

Will TrAIL, the Wyoming County - Jacksons Ferry, and John Amos lines be the last shot or just the beginning? Will Big Volt power company return somewhere down the road and want more land for more or bigger lines? As long as urban America has no responsibility to do anything other than flip on the light switch and pay the bill, someone is betting our ranch on it.