Transmission Line’s PSC Application Recommended For Delay, Possible Dismissal

West Virginia Public Service Commission (PSC) staff reviewing the application for the Mid Atlantic Resiliency Link recommended Wednesday the application be delayed by at least 60 days or dismissed entirely, pending a federal order.   

Developer NextEra Energy applied Jan. 30 to construct a new 107.5-mile-long transmission line from Pennsylvania through West Virginia to Virginia. Public comment sessions were held in all four of the affected counties of Monongalia, Preston, Mineral and Hampshire in June. The PSC set regulatory hearing dates for late October and early November, with deadline to file direct testimony by Sept. 8.  

NextEra has said it plans to run much of the line along rights of way for existing transmission lines.  But the staff report says they and affected landowners need time to properly review proposed route changes submitted by NextEra Energy on July 30.  

“The application alone is nearly 4,000 pages. Staff, which includes financial and engineering professionals with expertise in utility regulation, has spent months reviewing and analyzing the application and the thousands of pages of discovery that have been exchanged. Now, (Next Era) expects laypeople who are impacted by the line to be able to determine the best way to advocate for their interest in less than 39 days,” staff said. “Thirty-nine days does not allow the New Affected Landowners to fully participate in this case and to receive the due process rights to which every (sic) impacted landowner is entitled.” 

The staff report takes issue with Next Era’s characterization of the five changes as minor. 

“These five route revisions result in a total project increase of $995,319, which is almost a million dollars. The revisions will impact three new affected landowners that did not previously receive notice of the proposed project,” staff said. “The RR4 modification is something that should have been identified and resolved prior to filing the application.” 

Staff also said they cannot properly vet the application until a review of the rules that govern how large energy users connect to the electric grid is resolved. That review was ordered in June by the Federal Energy Regulatory Commission (FERC). 

“The magnitude of issues identified in the FERC order with regards to transmission service planning and serving large-load data center customers, which happen to be the exact two major components involved in (Next Era’s) pending application, and the ultimate effects that the FERC order will have on the same, require a reevaluation of, and likely revisions to, the pending application,” staff concluded. “The volume of information in this case was already substantial. The issuance of the FERC Order introduced significant additional information and considerations that must be evaluated in detail, and additional time to do so is necessary and warranted.” 

Staff completed their report by saying that should the applicant NextEra decline a minimum 60-day delay, they recommend the application be dismissed for lack of completeness. 

Read the full motion from PSC staff here: