NOTE: LONGVIEW HAS BEEN ORDERED BY THE P.S.C. TO RESUBMIT ITS TRNASMISSION
LINE CERTIFICATE APPLICATION, TO INCLUDE A CORRECTED MAP, ETC.
LONGVIEW IS TO REPUBLISH AN ANNOUNCEMENT IN THE NEWSPAPER PROVIDING FOR A 30
DAY COMMENT PERIOD. PREVIOUS PROTEST LETTERS NEED NOT BE RESUBMITTED. NEW
PROTEST LETTERS WILL BE ACCEPTED BY THE P.S.C.
THE FULL ORDER IS PRINTED BELOW. PLEASE FORWARD THIS NOTE TO ANYONE
INTERESTED NOT ON THE MVCAC MAILING LIST.
THANK YOU. DUANE.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
051467com121605.wpd
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City
of Charleston on the 16th day of December, 2005.
CASE NO. 03-1860-E-CS-CN
LONGVIEW POWER, LLC
Application for a Siting Certificate to Authorize the Construction and
Operation of a Wholesale Electric Generating Facility.
CASE NO. 05-1467-E-CN
LONGVIEW POWER, LLC
Application of Longview Power, LLC for a Certificate of Public Convenience
and Necessity Authorizing the Construction and Installation of a 500 kV
electric transmission line and to Satisfy Conditional Siting Certificate for Exempt
Wholesale Generating Facility in Monongalia County, West Virginia.
COMMISSION ORDER
On September 30, 2005, Longview Power, LLC, (Longview or the Applicant)
filed an application for a Certificate of Convenience and Necessity pursuant to
West Virginia Code § 24-2-11a to construct and operate a high voltage
transmission line in Monongalia County. This filing was docketed as Case No.
05-1467-E-CN.
The Applicant previously published a Notice of Filing of this application.
By a letter dated and filed December 2, 2005 the Applicant noted that the
previously published notice contained an error in the map of the area where the
transmission line will be located. The Applicant provided a corrected Notice
of Filing for use in this matter.
By a Commission Order entered August 27, 2004 in Case No. 03-1860-E-CS-CN
the Commission conditionally granted Longivew's application for a Siting
Certificate, pursuant to West Virginia Code § 24-2-11c, to authorize the
construction and operation of an electric wholesale generating facility. Conclusion of
Law No. 4 of that Order read as follows:
In a future filing, Longview will be required to submit its transmission
line application and provide further information which addresses the conditions
hereinafter set forth, all of which will be subject to further public
hearings and Commission decision. At those future hearings, in addition to
presenting an adequate case concerning the proposed transmission line and related
issues, the burden is on Longview to demonstrate that it has fully addressed and
met the concerns embodied in these conditions.
DISCUSSION
Case No. 03-1860-E-CS-CN will be reopened for the limited purpose of
addressing the contingent aspects of the Siting Certificate and will be consolidated
with the transmission line application for the purpose of hearing and
decision.
Additionally, the Commission shall require Longview to publish the revised
Notice attached hereto. Protestants who submitted letters in protest to the
previous, incorrect publication will not be required to resubmit their
respective letters of protest. All previously submitted letters of protest will be
considered applicable to the corrected publication.
Likewise, all previous intervenors in Case No. 03-1860-E-CS-CN shall retain
their party status and shall be considered as intervenors in Case No.
05-1467-E-CN as well.
Finally, the Commission shall issue a subsequent order to address
outstanding petitions to intervene as well as to set a procedural schedule for use in
these cases.
ORDER
IT IS THEREFORE ORDERED that Longview Power, LLC provide notice by
publishing a copy of the attached Notice as a Class II legal advertisement in
newspapers duly qualified by the Secretary of State, published and of general
circulation in Monongalia County, and in Kanawha County, making due return to this
Commission of proper certification of publication immediately after
publication.
____________________________________
Text Box
2
____________________________________
IT IS FURTHER ORDERED that anyone desiring to protest or intervene should
file a written protest or notice of intervention within 30 days following the
second publication date unless otherwise modified by Commission order.
Failure to timely protest or intervene can affect your right to protest aspects of
these certificate cases or to participate in future proceedings. All protests
or requests to intervene should briefly state the reason for the protest or
intervention.
____________________________________
IT IS FURTHER ORDERED that Case No. 03-1860-CS-CN is hereby reopened for the
limited purpose of addressing the contingent aspects of the Siting
Certificate.
IT IS FURTHER ORDERED that Case Nos. 03-1860-CS-CN and 05-1467-E-CN are
hereby consolidated.
IT IS FURTHER ORDERED that the Commission's Executive Secretary serve a copy
of this order upon all parties of record by United States First Class Mail
and upon Commission Staff by hand delivery.
JJW/klm
051467c.wpd
____________________________________
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
CASE NO. 03-1860-E-CS-CN
LONGVIEW POWER, LLC
Application for a Siting Certificate to Authorize the Construction and
Operation of a Wholesale Electric Generating Facility.
CASE NO. 05-1467-E-CN
LONGVIEW POWER, LLC
Application of Longview Power, LLC for a Certificate of Public Convenience
and Necessity Authorizing the Construction and Installation of a 500 kV
electric transmission line and to Satisfy Conditional Siting Certificate for Exempt
Wholesale Generating Facility in Monongalia County, West Virginia.
[LONGVIEW TO INSERT APPROPRIATE
MAP HERE PRIOR TO PUBLICATION]
ADDITIONAL NOTICE OF FILING
On September 30, 2005, Longview Power, LLC, whose address is 1040 Great
Plain Avenue, Needham, Massachusetts 02492-2517 (the Applicant) filed an
application for a Certificate of Convenience and Necessity pursuant to West Virginia
Code § 24-2-11a to construct and operate a high voltage transmission line in
Monongalia County. This filing was docketed as Case No. 05-1467-E-CN. The
application and exhibits are available for public inspection at the Commission's
offices at 201 Brooks Street, Charleston. Upon its completion, the
transmission line will be used by the Applicant to transport electricity to the grid
for the competitive wholesale market in West Virginia and other locations.
Longview previously published a Notice of Filing of this application. This
Additional Notice of Filing is made to correct an error in the map which was
included in the previously published Notice of Filing and to provide
additional information regarding the above-listed cases.
____________________________________
The Applicant proposes to construct a 500 kV electric transmission line to
interconnect its electric generating facility to the Allegheny Power
(Allegheny) 500 kV Kammer Fort Martin transmission line near Morgantown, Monongalia
County. Longview will construct a new 500 kV Substation in Greene County,
Pennsylvania.
The Applicant estimates that construction of the transmission line will cost
less than fifty million dollars ($50,000,000).
Neither the Facility nor the transmission line is a public utility providing
service to the public and there will be no impact to West Virginia
ratepayers. Rates charged for electricity sold by the Facility will be subject to
regulation by the Federal Energy Regulatory Commission (“FERC”) pursuant to
Section 205 of the Federal Power Act. The Applicant intends to file a
market-based rate schedule with FERC that will allow sales from the Facility to be at
negotiated rates.
The Applicant will be the entity responsible for the construction and
operation of the transmission lines.
The Applicant will enter into an interconnection and operating agreement
with PJM which will govern the Facility's interconnection at the new Substation.
The Applicant, or the purchasers of the electricity generated by the
Facility, will enter into transmission service agreements with Allegheny to govern
the transmission of the electricity across Allegheny's facilities. Such
transmission of electricity will be subject to the terms of PJM's Open Access
Transmission Tariff on file with the FERC. The transmission line will not compete
with other utilities and will be for the sole purpose of transmitting the
electricity generated at the Facility onto the grid for the wholesale market.
The black line on the above map indicates the location of the corridor in which
the transmission line will be located.
The Applicant asserts it is not a public utility within the meaning of West
Virginia Code § 24-2-11 and requests a waiver of the Public Service
Commission's filing requirements to provide certain information including proposed
rates, project construction costs, project financing and estimates of operating
revenues and expenses, and the information required by Tariff Rule 42. Other
waivers of information filings are also sought.
____________________________________
Text Box
2
____________________________________
By a Commission Order entered August 27, 2004 in Case No. 03-1860-E-CS-CN
the Commission conditionally granted the Applicant's application for a Siting
Certificate, pursuant to West Virginia Code § 24-2-11c, to authorize the
construction and operation of an electric wholesale generating facility.
Conclusion of Law No. 4 from that Order read as follows: “In a future filing,
Longview will be required to submit its transmission line application and provide
further information which addresses the conditions hereinafter set forth, all
of which will be subject to further public hearings and Commission decision.
At those future hearings, in addition to presenting an adequate case
concerning the proposed
transmission line and related issues, the burden is on Longview to
demonstrate that it has fully addressed and met the concerns embodied in these
conditions.”
Case No. 03-1860-E-CS-CN will be reopened for the limited purpose of
addressing the contingent aspects of the Siting Certificate. A copy of the
Commission's Order in Case No. 03-1860-E-CS-CN is available from the Public Service
Commission. Intervenors granted party status in Case No. 03-1860-E-CS-CN shall
retain their party status in the reopened proceeding.
Anyone desiring to protest or intervene in these cases must file a written
protest or notice of intervention within 30 days following the date of this
publication unless otherwise modified by Commission order. Failure to timely
protest or intervene can affect your right to protest aspects of these
certificate cases or to participate in future proceedings. All protests or requests
to intervene should briefly state the reason for the protest or intervention.
Protestants and potential intervenors who submitted letters in response to
the previous, incorrect publication need not resubmit protests or requests to
intervene. All previously submitted letters of protest and petitions to
intervene will be considered applicable to the corrected publication.
Requests to intervene in these cases must comply with the Commission's rules
on intervention set forth in the Commission's Rules of Practice and
Procedure. All protests and requests to intervene should be addressed to Sandra
Squire, Executive Secretary, P. 0. Box 812, Charleston, West Virginia 25323.
If no protests are received within said thirty (30) day period, the
Commission may waive formal hearing and grant the application based on the evidence
submitted with said application and its review thereof.
____________________________________