The Honorable Jon Mckinney Chairman, West Virginia Public Service Commission West Virginia Public Service Commission 201 Brooks

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The Honorable Jon Mckinney Chairman, West Virginia Public Service Commission West Virginia Public Service Commission 201 Brooks

BUILDING 1, ROOM 202-E 1900 KANAWHABLVD.,EAST CHARLESTON, wv 25305-0470 PHONE (304) 340-3184 JOHN DOYLE Committees: Finance MEMBER Constitutional Revision BOX 1607 Political Subdivisions SHEPHERDSTOWN, WV 25443 Enrolled Bills PHONE: (304) 876-6472 (H) (304) 876-1648 (0) The Honorable Jon McKinney Chairman, West Virginia Public Service Commission West Virginia Public Service Commission 201 Brooks Street PO Box 812 Charleston, WV 25323-0812 Dear Chairman McKinney, I urge the Public Service Commission to deny the application for construction of the Botomac Appalachian Transmission Highline (PATH), proposed to run through over a third of West Virginia’s counties. While many West Virginians will be forced to part with all or part oftheir real property to make way for this monster transmission line, no West Virginians will benefit. The power from this line is ticketed for areas of our country farther northeast. I was disappointed when your agency approved another proposed line, the Trans Allegheny Interstate Line (TrAIL). While a few modest concessions were obtained fiom the companies building that line, 1believe that deal constituted “selling our souls for a mess of pottage.’’ Irealize that the federa: gsvamnent lrrizs severely limited your options to deny ihe appiieation for permit. But you can delay it as long as possible. I believe the US Congress might address this issue when it assembles in January. If we can delay the application until then, we might see the Congress give the states greater authority to deny this application. If, however, PATH cannot ultimately be defeated, you should use whatever authority you have to minimize the effect of the line on the properties through which it eventually would go. Require the line to avoid any residences or businesses - surely there is enough open land in West Virginia to facilitate this. Also, require that the line be buried, rather than be elevated. These requirements would cost more money, but they should be made, in fairness to property owners. Whatever happens with PATH in the long run, 1 will be offering a proposal to change West Virginia law relative to eminent domain. At the moment, the power companies have the ultimate use of eminent domain to have their way with citizens regarding PATH, TrAIL and other such lines. I will propose that any citizen who loses his or her property due to eminent domain be awarded 125% of fair market value for that property, should that property end up in the hands of another private entity. If land prefers interim mail, April through December, at home address is condemned for a “public purpose” and kept by the government (for a school, road, fire station, etc.) then the award would remain at 100% of fair market value. But any property condemned for any purpose that ends up in private hands would result in an award of 125% of fair market value. I believe we could accomplish this absent any change in federal law. This procedure would not only ease the situation with regard to the proposed power line, but could be applied to all eminent domain situations in which condemned property ended up in different private hands. f cc: Governor Joe Manchin US Senator Robert C. Byrd US Senator Jay Rockefeller US Representative Shelley Moore Capito .

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