To: MVCAC

Testimony was entered by Duane Nichols, Charles Yuill, and Adam Polinski

to the WV Public Service Commission yesterday regarding the environmental

impacts of the proposed changes to the Longview power plant.

Our attorney, Phillip Gaujot, did an excellent job of presenting our case

and of posing questions to the single Longview witness, Chris Colbert.

Colbert gave what we consider to be vague and incomplete answers,

but the two Commissions present, were not apparently concerned about

his lack of specificity and meager amount of information. Mr. Shaw has

resigned from the Commission. [The Governor must appoint a Republican

lawyer to replace him, since both major parties must be represented and

since at least one must be a lawyer....neither Chairman Jon McKinney nor

Edward Staats are lawyers.]

............The PSC Staff recommended that the changes be approval, with

a list of 10 or 11 stipulations. Our position is that the increased steam

plumes are significant and should be the reason for greater evaluation,

i.e. a "material" modification. Neither the Staff nor the Commissions

are particularly inclined to side with us.

In any case, the final decision will not be made until after a Briefing

Schedule has transpired: Initial Briefs due Jan. 29th, Reply Briefs

due January 31st, and Final Briefs due February 2nd.

.......................We are very unhappy with this schedule, because

Briefs are to be submitted without the benefit of the Transcript, which

will not be ready in time for use during this schedule.

............... Duane Nichols, Convener, MVCAC