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By Calhouner
The MD PSC has rejected the PATH application. At their meeting in Baltimore yesterday, the MD PSC ruled that Potomac Edison could not apply in the place of the PATH front companies, because Potomac Edison, a subsidiary of Allegheny Energy, was not going to be operating the PATH line. At the same time, the PSC ruled that the PATH companies were not "electric companies" as specified under MD law, and were therefore not eligible to apply for a certificate of need for the PATH line.
Here is what the PSC said in its order:
As set forth below, we find first that ยง 7-207(b)(3) of the Public Utility Companies ("PUC") Article authorizes us to issue a Certificate of Public Convenience and Necessity ("CPCN") only to an "electric company,"3 a status PATH undeniably lacks, and that the law does not allow us to ignore or circumvent this requirement by granting a CPCN to Potomac Edison "on behalf of" PATH when Potomac Edison will neither construct nor operate the proposed line. Second, as a result of this holding, we find that no application to construct the proposed transmission line has properly been filed with the Commission, and thus that any time periods pertaining to possible federal siting authority have not yet begun to run and will not begin to run until a proper electric company has filed a complete application with the Commission.
Wow. Stay tuned to see what happens next. Will AEP/Allegheny have to completely reorganize their phony front companies? Somehow they have to figure out how to get a real "electric company" in a position to operate the MD section of PATH. Or, they could chop off the end of PATH and put the end of the line in VA or WV. Or, they could use the MD rejection to forget the whole PATH project?
West Virginians should consider what would happen if AEP/Allegheny pulled out of Maryland completely and ended the line in Jefferson County. The planned substation that is currently the eastern end of PATH at Kemptown, MD, is planned to take in about 50 acres, and would be one of the largest substations of its kind in the world. That would be a great addition to historic Shepherdstown.
The MD PSC also put off ruling on whether the local zoning board had control over the siting of the huge substation near Kemptown, MD. The power companies had been claiming that if the PSC gave them their certificate of need for PATH, then the local zoning board would have no say in whether or where the substation was built. The PSC did not rule on this issue yesterday.
Here is a link to the MD PSC order.
-- Cross posted from The Power Line, the View from Calhoun County at http://calhounpowerline.wordpr... |
