and Amanda Gillooly
Staff writers
newsroom@observer-reporter.com
Two state Public Utility Commission administrative law judges have recommended against building the high-voltage Trans-Allegheny Interstate Line in Pennsylvania.
In their recommendation released Thursday afternoon, PUC law judges Michael Nemec and Mark Hoyer said Allegheny Energy's subsidiary TrAILCo has "failed to carry its burden of proof" in showing the power line is needed for the residents of Southwestern Pennsylvania.
Allegheny Energy last year proposed building a 37-mile, 500-kilovolt power line through Washington and Greene counties. The line would connect through West Virginia and into Virginia, and the regulatory agencies in those states have recommended the TrAIL project.
"The decision we make is limited to the case made before us, meaning the judges can't use another (state's) decision for which to base their recommendation," PUC spokeswoman Jennifer Kocher said.
Kocher said all parties may now file exceptions and reply to exceptions on the judges' recommendation. The five-member PUC board is expected to make a final decision later this year.
Nemec and Hoyer had a stinging critique of Allegheny Energy's siting and route selection by using mostly easements the electric company has held since the 1970s. Residents living near the proposed path have passionately protested against the project and complained Allegheny Energy did not listen to their concerns.
"While TrAILCo asserts that it considers comments it received at the prehearing public meetings, the comments we received at the public input hearings indicate that effective communications did not occur," according to the PUC report. "The universal opposition of elected officials in the affected communities and jurisdictions confirms our view that effective communication did not occur."
The judges also stated they did not think this area needs a high-voltage power line, and inexpensive, nontransmission options should have been considered before.
Hundreds of people testified at 10 PUC public input hearings last summer in Washington and Greene counties. Another 25 expert witnesses submitted testimony during the nine-day evidentiary hearings earlier this year in Pittsburgh.
Laurie Nicholl, president of the Stop the Towers protest group, was ecstatic about the ruling and said she is looking forward to reading the judges' 364-page report.
"It's a significant hurdle to our effort, and we are very anxious to see this through to the next step," said the Eighty Four resident. "Hopefully, the (PUC) commissioners will follow suit and reject the line, as well."
Even if that happens, however, the federal government could usurp the Pennsylvania regulatory agency and approve the project through the National Interest Electric Transmission Corridor. As part of the Energy Policy Act of 2005, NIETC allows the Federal Energy Regulatory Commission to approve transmission projects if it concludes the power line is needed for national security reasons following the crippling blackout in 2003.
With that in mind, the recommendation still feels like a victory to people protesting the power line.
Greg Sulc, a supervisor in North Strabane Township, where the Prexy substation was planned, applauded the residents who spoke at the public input hearings. He said the recommendation proves how persuasive public participation in government can be.
"It shows the power of our community - not just North Strabane, but the surrounding communities, as well," Sulc said. "When we come together about something we feel strongly about, we can prevail, and I hope the (PUC) sees that."
Doug Colafella, a spokesman for Allegheny Energy, said the Greensburg-based power company was still reading the lengthy opinion and was not prepared to comment on it.