WVEC Action Alert on PSC reform bill 614 - UPDATE

SB 614 passed Senate with amended title (Roll No. 36) (4.00 / 1)

It is now ordered to House, at least according to the information posted at this link.  

---

by: One Citizen @ Thu Mar 04, 2010 at 00:49:54 AM UTC

Bill now moves through house (0.00 / 0)

The bill is single referenced to house judiciary committee so chances are good that it will pass.  Check out the WVEC website for more info.
www.wvecouncil.org  

---

by: JBdem4usa @ Thu Mar 04, 2010 at 21:32:20 PM UTC

Letter to Manchin posted on PSC website (4.00 / 1)

Two Land Owners' Power Line Nightmare
2010 March 4
by BillThe following letter, from John and Janie Ives to Gov. Manchin, is reprinted in its entirety from the WV PSC PATH docket.  I have corrected a few spelling errors, but this letter is otherwise exactly as it appears on the WV PSC Web site here.

If you are a West Virginia land owner, and you think you can negotiate with AEP/Allegheny without an attorney, read what happened to Mr. and Mrs. Ives of Thornton in Taylor County.

I'm not sure how to begin this letter except to say this whole episode has been a nightmare, and we're so upset, my husband and I are ready to sell everything, pick up stakes and move completely out of West Virginia. It seems as if the property owner has no rights what so ever. Let me explain the problem.

Summer of 2008 was the first we learned that the Trans-Allegheny Interstate line (TraiICo) would cross our property. The first rep showed up on our doorstep arrogantly saying he had a great big check and it was ours, if we would just sign the right-of-way option. We contacted our neighbors and researched what we could on the transmission line. Finding out that everything had already been approved we reluctantly accepted that we would have another line across our property. After this line goes through 16+ acres (With 3 towers) of our 156 acre farm will be controlled by the electric utility company. The last 6+ acres they're taking is the only level piece of ground on the whole farm.

Our complaint is the ruthless, dishonest way they (TraiICo. representatives) deal with the property owners and especially their contacts with us. We're not blaming you like a lot of the citizens because we know the US Energy Department, under former President Bush, designated WV as part of the National Interest Electric Transmission Corridor.

We're well aware that the federal government can override state and local authorities and take private property by eminent domain. All we ask is that we be treated fairly and with respect and not like unnecessary garbage in the way of progress.

I could elaborate for 4 or 5 pages on the numerous encounters but to make a long very unpleasant story short TrailCo reps evade answering direct questions, will say anything they think you want to hear, make promises they have no intention of keeping, and threaten "eminent domain" everytime you show hesitation. As he (the last of 4 representatives we've had in less than two years) said" you'll just learn to live with what you have" get over it, you don't have any choice, TrailCo can do anything it wants.

We've mentioned our problems to various people and we're told that we should have hired an attorney, a surveyor, and appraiser. As retirees on limited income we couldn't afford to hire professionals and frankly don't feel we should have to. TrailCo reps are trained to not put any of the negotiations in writing so the land owner has no proof of what they've been promised. They adamantly advise that you don't talk to your neighbors and rebuke you when you do. Then once you sign the option all the promises are null and void. In our case the settlement was to include the money plus, a church and 1/4 acre piece of ground originally deeded off our property in the 1800's.

No need to guess, we didn't get the church property. In addition, when we researched the filings we found that the option that was filed at the Courthouse didn't include the "attached form easement agreement" as stated in the option. The easement agreement is important because it at least specifies the width of the line and location.

It's as if they planned to defraud the property owners. Also, we found that we were paid at least 1/3 less than every neighbor around us. The latest incident is that we learned that they have, without notifying us, widened the right-of-way beyond 200 ft along over 800 ft. of our property and they don't plan to give us any further compensation for the extra acreage.

We would like to believe you, the legislature, and the PSC have provided some protection for your constituents to prevent the company from exploiting them. Please, we need your help. Is there anything you can do to help us? Is there anything we can do now? If you haven't put in place safeguards for the property owners on this line, we urge you, the State legislature and PSC to put inplace some restrictions on the Power Company's conduct with regard to the purchase of right-of-ways for future lines. We're sure we are not the only ones having problems with the deceitful behavior of the company and it's representatives. If you like we can provide you with a detailed report on our dealings with these people. Believe it when we say it's not something you would want your mother and father to have to go through.

We would like to thank you for taking the time to read our complaint letter.

---

by: JBdem4usa @ Sat Mar 06, 2010 at 22:38:29 PM UTC

Thanks for posting this letter, JB. (4.00 / 1)

It shows clearly what is at stake in the PATH power line case at the WV PSC.  The only way that AEP/Allegheny can get the legal authority to seize peoples' property through WV eminent domain law is if the PSC grants PATH a certificate of convenience and necessity.

If our PSC does not stand up for West Virginia and West Virginians to stop the unneeded and dangerous PATH project, there will be hundreds of Ives across 14 counties in our state.

---

by: Calhouner @ Sun Mar 07, 2010 at 14:40:08 PM UTC

[ Parent ]

This got posted to the PATH docket ... (0.00 / 0)

but they've fixed their mistake now! I guess the power companies were not pleased to find out that someone harmed by TrAIL is an early warning system for what could happen with PATH ...

Seriously, folks, this is really important. When we talk about SB614 providing landowner notification, it means the power companies would have to send certified letters to all property owners within 1100 feet on either side of a proposed high-voltage line, and the letters would have to be sent to allow those property owners at least 30 days to decide if they want to become intervenors in future cases.

We describe this as common courtesy, even though we all know that courtesy, like sense, is rarely common.

OTOH, our state senators clearly agree this is a fundamental courtesy, by voting unanimously in favor.

---

by: blonde moment @ Sun Mar 07, 2010 at 18:50:23 PM UTC

[ Parent ]

SB 614 now in house judiciary (0.00 / 0)

http://www.wvecouncil.org/legi...
call house judiciary members to get this bill on agenda asap with the message of pass without any amendments, no changes necessary, put on agenda and pass intact.  Call your Delegates now.

---

by: JBdem4usa @ Sat Mar 06, 2010 at 22:43:18 PM UTC

Hey, JB (4.00 / 1)

Is there some way you can edit your original post to indicate that SB614 is now in House Judiciary?  The information in the post refers to past history and could confuse a lot of people.

I know you are pretty busy right now, but even just a little update note at the beginning of the post would be helpful.

---

by: Calhouner @ Mon Mar 08, 2010 at 23:39:13 PM UTC

[ Parent ]

Hey, Clem adn Carnacki went off together one weekend and forgot (0.00 / 0)

to get the keys back from me. How about I do that since I still can?

NFTT: Support My Team or I Will Dance

---

by: CA Berkeley WV @ Tue Mar 09, 2010 at 04:56:29 AM UTC

[ Parent ]

And I will even bump it to tonight so it's on top of FP (0.00 / 0)

Unless I screw up.

NFTT: Support My Team or I Will Dance

---

by: CA Berkeley WV @ Tue Mar 09, 2010 at 04:59:30 AM UTC

[ Parent ]