Sargent's Court Reporting Service, Inc. (814) 536-8908 2
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PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON * * * * * * * * * PATH West Virginia * Transmission Company, LLC; * 09-0770-E-CN PATH Allegheny Transmission * Company, LLC; PATH-WV Land * Acquisition Company; and * PATH-Allegheny Land * Acquisition Company * * * * * * * * * * HEARING TRANSCRIPT * * * * * * * * * BEFORE: JON MCKINNEY, Commissioner EDWARD STAATS, Commissioner HEARING: Thursday, October 22, 2009 12:30 p.m. LOCATION: West Virginia Wesleyan College Campus Center Social Hall 59 College Avenue Buckhannon WV 26201 Reporter: Alison Salyards Any reproduction of this transcript is prohibited without authorization by the certifying agency. Sargent's Court Reporting Service, Inc. (814) 536-8908 2 1 A P P E A R A N C E S 2 3 WENDY BRASWELL, ESQUIRE 4 West Virginia Public Service Commission 5 201 Brooks Street 6 Charleston, WV 25301 7 Counsel for the PSC 8 9 JOHN PHILIP MELICK, ESQUIRE 10 Jackson Kelly, Attorneys at Law, PLLC 11 1600 Laidley Tower 12 P.O. Box 553 13 Charleston, WV 25322 14 Counsel for the Applicant 15 16 JENNIFER PETRISEK, ESQUIRE 17 Allegheny Energy, Inc. 18 800 Cabin Hill Drive 19 Greensburg, PA 15601-1689 20 Counsel for the Applicant 21 22 23 24 25 Sargent's Court Reporting Service, Inc. (814) 536-8908 3 1 A P P E A R A N C E S (cont') 2 3 DAVID A. SADE, ESQUIRE 4 Consumer Advocate Division 5 723 Kanawha Boulevard, East 6 Union Building, Suite 700 7 Charleston, WV 25301 8 Counsel for the Consumer Advocate Division 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sargent's Court Reporting Service, Inc. (814) 536-8908 4 1 INDEX TO WITNESSES 2 DISCUSSION AMONG PARTIES 7 - 14 3 PUBLIC COMMENTS 4 By Steve Cvechko 14 - 20 5 By Patrick Long 20 - 21 6 By Sudie Shipman 21 - 25 7 By Ken Lapp 25 - 26 8 By Roger Wilfong 27 - 33 9 By William Nicoll Hale 33 - 37 10 By Eric Ramey 37 - 39 11 By John Helton 39 - 40 12 By Katherine Hoover 40 - 42 13 By Ron Foster 42 - 44 14 By Grant Gray 44 - 46 15 By Melissa Martin 46 - 48 16 By David Pringle 49 - 59 17 By Harold Chambers 59 - 62 18 By Ralph Hamilton 62 - 63 19 By Frank Cvechko 63 - 67 20 By Debra Pringle 67 - 71 21 By Chris Haines 71 - 73 22 By Mike Richardson 73 - 75 23 By Paul Rank 75 - 77 24 By Christina Loudin 77 - 79 25 By Grace Lynch 79 - 81 Sargent's Court Reporting Service, Inc. (814) 536-8908 5 1 INDEX TO WITNESSES (Cont'd) 2 PUBLIC COMMENTS (Cont'd) 3 By Samanna Peck 81 - 82 4 By Michael Veltri 82 - 84 5 By Margo Davis 84 - 86 6 By Ivan Carr 86 - 88 7 By James Ridgeway 88 - 89 8 By Stephanie Funkhousr 89 - 90 9 By Augustine June Schaefers 90 - 91 10 By Melinda Pennington 91 - 93 11 By Valerie Laub 93 - 94 12 By Jeremy Bauserman 94 - 95 13 By French Armstrong 95 - 96 14 By Christine Blagg 96 - 97 15 By Laura Rusmisell 97 - 99 16 By Charles Detamore, II 99 - 105 17 By Donna Reed 105 - 107 18 By Gilbert Tom Pennington 107 19 CERTIFICATE 108 20 21 22 23 24 25 Sargent's Court Reporting Service, Inc. (814) 536-8908 6 1 E X H I B I T S 2 3 Page 4 Number Description Offered 5 NONE OFFERED 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sargent's Court Reporting Service, Inc. (814) 536-8908 7 1 P R O C E E D I N G S 2 --------------------------------------------------------- 3 COMMISSIONER MCKINNEY: 4 Good afternoon. My name is Jon 5 McKinney. I'm a Commissioner with the Public Service 6 Commission. With me today is Commissioner Ed Staats. 7 Mike Albert cannot be with us, the Chairman. He is the 8 proud grandfather of a grandson who was born at three 9 o'clock yesterday, passes on his condolences that he 10 can't be here, and that he would not trade being a 11 grandfather for this. Sure. 12 This is a public comment hearing on 13 case number 09-0770-E-CN, PATH West Virginia Transmission 14 Company, LLC, PATH Allegheny Transmission Company, LLC, 15 PATH West Virginia Land Acquisition Company and PATH 16 Allegheny Land Acquisition Company. The purpose of this 17 public comment hearing is for the Commission to hear from 18 individuals who are not parties in this case. PATH, the 19 Applicants, are seeking, and I will read from our order, 20 on May 15th PATH West Virginia Transmission Company filed 21 with the Public Service Commission an application for 22 Certificate of Public Convenience and Necessity 23 authorizing the construction and operation of the West 24 Virginia segments of the 765 KV electric transmission 25 line known as the Potomac-Appalachian Transmission Sargent's Court Reporting Service, Inc. (814) 536-8908 8 1 Highway, or hence known as PATH, and related facilities. 2 Portions of the PATH project in West Virginia will 3 consist of approximately 224 miles of 765 KV electric 4 transmission line in Putnam, Kanawha, Roane, Calhoun, 5 Braxton, Lewis, Upshur, Barbour, Tucker, Preston, Grant, 6 Hardy, Hampshire, and Jefferson Counties in West 7 Virginia. 8 As in other meetings, we're asking that 9 the parties to the case not speak today. The parties, 10 the Applicant, the Commission Staff and all those 11 individual organizations that we granted intervenor 12 status from the Commission have certain rights and duties 13 that are identified by Commission rules, practice and 14 procedure and further defined by orders issued in this 15 case. Parties will have the opportunity to present their 16 positions to the Commission through Direct and Rebuttal 17 testimony, written opening statements and briefs. 18 The Commission order issued September 4 19 specifically stated that while those granted intervenor 20 status are welcome to attend the public comment hearing, 21 intervenors will not be permitted to provide comment 22 during the public hearings. We instituted this 23 restriction in part to avoid communication between the 24 parties and the Commission shall not be viewed as 25 improper, but moreover because the Commission wants to Sargent's Court Reporting Service, Inc. (814) 536-8908 9 1 hear from the members of the public regarding this 2 filing. 3 This public comment hearing is a form 4 for protestants, individuals who have no other 5 opportunity in this case to appear before the Commission, 6 and they express their opinions concerning the PATH 7 project to the Commissioners. 8 When in the session, the Commission is 9 functioning in its judicial capacity, and this is really 10 essentially our courtroom. So we can expect and ask that 11 you treat it with proper decorum. The court reporter 12 really has one of the toughest jobs here in the fact that 13 he has to repeat everything everyone says and capture 14 that. If more than one person is talking, or if we have 15 a lot of noise, that makes his job much more difficult. 16 At this time, as I just did, please turn off your cell 17 phones. If you have to take a call, please take your 18 call outside of our room. Cheering, booing, applause or 19 other outbursts are not necessary and interfere with the 20 ability of the court reporter to develop an accurate 21 transcript. 22 Because there is a large number of 23 attendees and speakers relative to the time necessary, 24 and the amount of time allocated, so I'll ask that each 25 one limit their remarks to four to five minutes, and Sargent's Court Reporting Service, Inc. (814) 536-8908 10 1 that's a pretty long time, for those of you that have 2 done any public speaking; that's a pretty long time. 3 Each speaker will get one chance to 4 speak, so make sure that --- to make sure that everyone 5 gets their opportunity. So I ask that whatever you want 6 to say, you do it in your first shot. Each speaker, and 7 I'll repeat this a couple of times, should start by 8 stating their name, and if their name is difficult to 9 spell, if it's not Smith, then please spell their name so 10 the court reporter gets it accurately. And we'll ask 11 that you also give your address for the court reporter, 12 and make sure that is also understood or spelled. If you 13 want to speak, what we will do is actually ask you to 14 raise your hand, and we'll try to get around to everyone 15 that wants to speak, and we'll just try to bounce around 16 the room today and pick out speakers as they go, but 17 everyone that will want to speak will get the 18 opportunity. 19 At this point I'd like to ask the 20 Staff, the Applicant and CAD to make their presence known 21 and talk a little bit about their particular part of this 22 public hearing. We also want to welcome Wendy back to 23 her home college. I'm not sure --- can you do the fight 24 song as well? 25 ATTORNEY BRASWELL: Sargent's Court Reporting Service, Inc. (814) 536-8908 11 1 We didn't really have a fight song. 2 I'm going to try to talk into this sideways so I can see 3 while I talk to you.