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.
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.
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.
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.
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
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.
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 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.
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.