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					                   Virginia State Corporation Commission
                    eFiling CASE Document Cover Sheet

Case Number (if already assigned)   PUE-2009-00043

Case Name (if known)                Application of PATH Allegheny Virginia Transmission
                                    Corporation for certificates of public convenience and
                                    necessity to construct facilities: 765 kV Transmission
                                    Line through Loudoun, Frederick, and Clarke Counties


Document Type                       EXMO

Document Description Summary        Cover Letter, Motion for Modification of Procedural
                                    Schedule, Service List




Total Number of Pages               15

Submission ID                       1576

eFiling Date Stamp                  11/6/2009 10 :54:20AM
HUNTQNO`~                                                        HUNTON & WILLIAMS LLP


WHIJAMS
                                                                 RIVERFRONT PLAZA, FAST TONVER
                                                                 951 LAST BYRD STREET
                                                                 RICHMOND, VIRGINIA 232194074

                                                                  TEL        804 - 788 - 8200
                                                                  FAX        804- 788- 9218


                                                                  RICHARD D. GARY
                                                                  DIRECT DIAL 804-789-8330
                                                                  EMAIL rguy@hUntoncon,

November 6, 2009                                                  FILE NO : 27364 .71




Via Electronic Filing

Hon. Joel H. Peck
Clerk
State Corporation Commission
Document Control Center
Tyler Building, I" Floor
1300 East Main Street
Richmond, Virginia 23219

Application of
PATH Allegheny Virginia Transmission Corporation for
Approval and Certification of Electric Transmission Facilities Under
Va. Code § 56-46 .1 and the Utility Facilities Act, Va. Code §§ 56-265 .1 et seq.
Case No. PUE-2009-00043

Dear Mr. Peck:

Enclosed is PATH Allegheny Virginia Transmission Corporation's ("PATH-VA") Motion for
Modification of Procedural Schedule related to the requested issuance of a Certificate of Public
Convenience and Necessity for the Virginia portion of the Potomac Appalachian Transmission
Highline Project ("PATH Project") . The procedural modifications proposed by PATH-VA will
allow the hearing schedule to be better coordinated with the anticipated hearing schedules for the
West Virginia and Maryland portions of the PATH Project and also allow for the incorporation
 into the record of updated information, including the results of PJM's 2010 Regional
Transmission Expansion Plan.

 Also pending in this proceeding is the Commission Staff Motion to Dismiss Application and to
 Certify Issue to the Commission, filed on October 19, 2009 ("Staff Motion") . The Staff Motion,
 to which PATH-VA responded on October 26, 2009 and urged its denial, asked the Hearing
 Examiner to certify the request to dismiss the application to the Commission pursuant to 5 VAC
 5-20-120B (Staff Motion at 2, 4). As far as PATH-VA knows, the Hearing Examiner has not
 certified the Staff Motion to the Commission .




        11~",   N1,         "I _0 M,            Ejr, :i
     N&
WRILAMS

Hon. Joel H. Peck
November 6, 2009
Page 2


This Motion for Modification of Procedural Schedule, similar to the Staff Motion, relates
directly to the Commission's schedule going forward for the consideration of the PATH Project.
For that reason, PATH-VA respectfully requests that if the Hearing Examiner has or will certify
the Staff Motion to the Commission, that the Hearing Examiner also certify this Motion for
Modification of Procedural Schedule to the Commission pursuant to his authority in 5 VA
5-20-120.B.

               Upon motion of any party or the staff, or upon the hearing
               examiner's own initiative, the hearing examiner may certify any
               other material issue to the commission for its consideration and
               resolution .

This action will assure that both Motions are considered together, either by the Hearing
Examiner or, if the Hearing Examiner so determines, by the Commission .

Sincerely yours,    -
               1~


Richard D. Gary

RDG/tms
Enclosure
cc:    Hon. Alexander F. Skirpan, Jr.
       William H. Chambliss, Esq .
       Service List
       Charlotte P. McAfee, Esq.
                                   BEFORE THE
                          STATE CORPORATION COMMISSION
                            COMMONWEALTH OF VIRGINIA

APPLICATION OF

PATH ALLEGHENY VIRGINIA
 TRANSMISSION CORPORATION                                     Case No. PUE-2009-00043

For certificates of public convenience
and necessity to construct facilities:
765 kV Transmission Line through
Loudoun, Frederick, and Clarke Counties


             MOTION FOR MODIFICATION OF PROCEDURAL SCHEDULE

       PATH Allegheny Virginia Transmission Corporation ("PATH-VA") moves the State

Corporation Commission to modify the procedural schedule established by the June 12, 2009

Order for Notice and Hearing ("Order") for consideration of the Potomac Appalachian

Transmission Highline Project ("PATH Project") . The modifications proposed by PATH-VA in

this Motion will allow the hearing schedule to be better coordinated with anticipated hearing

schedules in West Virginia and Maryland and also allow for the incorporation of updated

information, including the results of PJM's 2010 Regional Transmission Expansion Plan

("RTEP") .

Background

        In May 2009, when the applications for certification were filed for approval of the PATH

Project by PATH-VA and the other Applicants in West Virginia, Virginia, and Maryland

(collectively, "Applicants"), the Applicants expected that the procedural schedules in each of the

three states would be reasonably well aligned, that the case processing periods would be roughly

coincident, and that the same testimony - particularly on the issue of need - would be presented

 in each of the three jurisdictions at more or less the same time,
       The dismissal of PATH-Allegheny's application in Maryland, which was based on the

ruling that The Potomac Edison Company ("Potomac Edison") could not file on behalf of its

affiliate PATH-Allegheny because the latter is not an "electric company" under Maryland law,

has complicated this effort. The decision as to the forum in which to file a new application for

approval of the Maryland segment of the PATH Project with the Kemptown Substation as the

eastern terminus will be announced in the near future. It is anticipated that announcement will

be made within the next six weeks, if not earlier. That new application will likely result in a new

procedural schedule with respect to the Maryland portion of the PATH Project and, if before the

Maryland Public Service Commission, will likely entail evidentiary hearings scheduled in the

second half of 2010, or over six months after the evidentimy hearings now scheduled to begin on

January 19, 2010 in Virginia and on February 8, 2010 in West Virginia.

       The aspect of PATH-VA's Application that is most affected by this delay is the data that

supports the electrical need for the PATH Project. PATH-VA believes it would be

administratively efficient to use the same PJM analyses supporting such need in each of the three

proceedings .' Thus, with this Motion, PATH-VA requests a delay in the procedural schedule for

the need portion of the Application in order to coordinate with the projected procedural

schedules of the other jurisdictions . Moreover, this coordination of procedural schedules will

allow the record to be supplemented with the most current transmission planning information

from PJM's RTEP process that will include, among other information, a 2010 load forecast, an




        1 PATH West Virginia Transmission Company, LLC, PATH Allegheny Transmission,
LLC, et al., the Applicants in West Virginia in support of the PATH Project, filed their Response
to Staff Motion to Dismiss, etc., and Proposal to Toll Statutory Decision Due Date and Extend
Procedural Schedule on November 4, 2009 in Case No. 09-0770-E-CN requesting a similar delay
in the procedural schedule as requested in this Motion .
up-to-date queue of proposed generation and merchant transmission projects, and the results of

the May 2010 Reliability Pricing Model market auction,

The Proposed Revised Procedural Schedule and FERC Backstop Authority

       Applicants believe the revised schedule set forth below will provide much greater

cohesion of the need presentations in the three states than do the current schedules but will also

permit the "non-need" portions of the Application to proceed . If the revised schedule is adopted,

PATH-VA will not seek a construction permit for the Virginia portions of PATH Project from

the Federal Energy Regulatory Commission pursuant to Section 216(b)(1)(c)(i) of the Federal

Power Act based on a claim that this Commission has withheld approval for more than one year

after the filing of the Application in this proceeding on May 19, 2009 if the Commission adopts

the major components in the revised procedural schedule set forth in this Motion and issues an

order on the Application by February 28, 201 1, a procedural schedule that PATH-VA believes is

most achievable.

       As proposed in this Motion, the procedural schedule set forth in the Order would remain

in effect for the non-need issues . As was the case in the 502 Junction-Loudoun ("TrAIL")

proceeding, Case Nos. PUE-2007-00031 and 00033, the portion of the proceeding regarding

non-need issues can reasonably be adjudicated separately from the need. Importantly, the non-

need issues are not of the type that require updating, as they deal primarily with routing, EMF

and land value issues. PATH-VA expects that the record developed in the non-need portion of

the procedural schedule to be included fully in the Hearing Examiner's Report issued following

the close of the record on the need issues .

       The procedural schedule for the need issues would be modified as follows :
                                  Action                        Proposed Date
            Applicant files supplemental testimony on            July 6, 2010
            issues of electrical need
            Respondents file testimony in response to            August 3,2010
            Applicant's supplemental testimony
            Staff files testimony in response to Applicant's    August 10, 2010
            supp ement testimony
            Applicant files rebuttal testimony in response      August 20, 2010
            to Staff and Respondent testimony
            Evidentiary hearing begins                          August 31, 201



       The table attached to this Motion as Exhibit A identifies the PATH-VA witnesses who

filed direct testimony according to the phase of the evidentiary proceeding in which they are

proposed to appear. To the extent a witness for a Respondent has prefiled testimony that relates

both to need and non-need issues, the Respondent can identify the portions of that testimony that

will be presented in each phase of the hearing . This is no different a process than would have

been required if the procedural schedule were not modified and the hearing beginning on January

19, 2010 were phased between need and non-need issues as was done in the TrAlL proceeding .

       This revised schedule ensures that PATH-VA's need presentation will be as robust and

inclusive as possible, and that Staff and Respondents have a reasonable opportunity to process

and respond to it before the evidentiary hearing . The modified schedule also seeks to make the

best use of the parties' efforts to develop evidence, for the Respondents have all submitted their

testimony, which they will not be required to update except as they may wish to respond to

PATH-VA's supplemental need testimony . PATH-VA also requests that discovery requests with

respect to the need case, propounded both to PATH-VA as well as to Respondents, be held in

abeyance until PATH-VA's filing of the supplemental testimony on July 6, 20 10 .

        PATH-VA does not take lightly the decision to delay any aspect of this proceeding . The

PATH Project is an important baseline transmission project with a long lead-time for
construction . PATH-VA recognizes that a decision to delay the proceeding carries with it the

possibility that, in 2010 or subsequent years, the appearance of violations of NERC Reliability

Standards will, as Witness Herling testified, move closer in time, making the need for the PATH

Project even more urgent. Yet in view of the current procedural status of this multi-state project,

PATH-VA proposes the modifications to the abbreviated procedural schedule originally ordered

by this Commission,

         WHEREFORE, PATH-VA requests the Commission modify the procedural schedule for

the need portion of this proceeding as set forth above and order that discovery on the issue of

need be held in abeyance until such time as the Applicant files its supplemental testimony

supporting the electrical need of the PATH Project. PATH-VA will provide new notices in

conformance with the Commission's Order for Notice and Rearing to change these procedural

dates.

                                              Respectfully submitted,

                                              PATH ALLEGHENY VIRGINIA
                                              TRANSMISSION CORPORATION


 Dated: November 6, 2009
                                                              Counsel
 Richard D. Gary
 Charlotte P. McAfee
 Noelle J. Coates
 Hunton & Williams LLP
 Riverfront Plaza, East Tower
 951 East Byrd Street
 Richmond, VA 23219-4074
 (804) 788-8328 ; fax (804) 788-8218
 r8ary@hunton.com
 cmcafee@hunton.com
 ncoares@hunton .com
Randall B. Palmer
Jeffrey P. Trout
Allegheny Energy
800 Cabin Hill Drive
Greensburg, PA 15601-1689
724-838-6894
rpalmer@alleghenyenergy.com
jtrout2@alleghenypower.com
                           Exhibit A




Mark A. Joensen, Ph.D .   Director of Finance of Allegheny
                          Description of the PATH Project, its corporate structure
                          and Allegheny's interest in transmission development
Milorad Pokrajac          General Manager, Regulatory Finance and Cost
                          Allocation for Allegheny Power
                          Impact of the PATH Project on retail rates of Potomac
                          Edison in Virginia
William Bosta             Director of Regulatory Services for Virginia and
                          Tennessee for AEP
                          Impact of the PATH Project on retail rates ofAppalachian
                          Power Company in Virginia
Jay A. Ruberto            Director, Transmission Siting for Allegheny Energy
                          Service Corporation
                          Processfor selecting the pr~ferred routefor the PATH
                          Project, relationship of the route to existing transmission
                          line right-of-way, and the processfor acquiring additional
                          right-of-way andfee tracts ;
Ronald L. Poff             Senior Project Manager for Amefican Electric
                          Power Service Corporation
                          Design, engineering, construction, operation and
                          maintenance qf the PATH Project
Cyril Welter               Senior Project Manager for the Environmental Studies
                           and Permitting Division with Bums & McDonnell
                          LRE for Loudoun County
Tim Gaul                   Senior Environmental Scientist and GIs Manager with The
                           Louis Berger Group, Inc.
                           LREfor Frederick and Clarke Counties
J. Michael Silva           President of ENERTECH Consultants
                           Effects of electric and magnetic,fields, anxI audible noise
                           from the PATH Project
Dr. Linda S. Erdreich      Senior Managing Scientist for Exponent
                           Epidemiologic effects of electric and magiteticfieldsfront
                           the PATH Project
Dr. Mark A. Israel         Director of the Norris Cotton Cancer Center at
                           Dartmouth Medical School
                           Medical implications (pediatric oncology) of EMF
                           laboratory studies.
Lawrence A. Hozempa   Senior Engineer for Allegheny Power -
                      Description of the PATH Project, the electrical need
                      therefor, Allegheny Power's involvement in the PJM
                      planning process, and the relationship of Allegheny Power
                                                                         I
                      transmissionfacilitics to the PJM Transmission System
Takis Laios           Supervisor, Planning and Engineering, in the
                      Transmission Asset Management Department for AEP
                      Description of the PATH Project, the electrical need
                      therefor, AEP's involvement in the PJMplanning process,
                      and the relationship of AEP transmission facilities to the
                      PJM Transmission System
Steven R. Herling     Vice President of Planning for PJM
                      PJM planning process, the relationship of the PATH
                       Project to PJM's regional transmission plan, and the
                      electrical needfor the PATH Project
Paul F. McGlynn       Manager of Transmission Planning Department
                      for PJM
                       The electrical need-for the PATH Project
John M. Reynolds      Senior Engineer for PJM
                      Loadforecasting in determining the electrical needfor the
                      PATH Project
                                 CERTIFICATE OF SERVICE

        I hereby certify that on this 61h day of November 2009, a true copy of the foregoing

Motion was delivered by hand or mailed, first-class, postage prepaid, to the attached service list,

which was copied from the Commission's electronic service list in Case No. PUE-2009-00043

on November 6, 2009 and to the following :


                               C . Meade Browder, Jr., Esq.
                               Office of Attorney General
                               900 E. Main Street
                               2nd Floor
                               Richmond, VA 23219


                               Wayne N. Smith, Esq.
                               Frederick Ochsenhirt, Esq.
                               State Corporation Commission
                               1300 East Main Street
                               Tyler Building, 1 Oth Floor
                               Richmond, VA 23219




                                                 9
27364.000(M EMFUS 28880538v5
                                   SERVICE LIST
                           CASE No. PUE-2009-00043
                            As OF NOVEMBER 6,2009



                               90"
Benson, W. T.                  Esquire
                               Piedmont Environmental Council
                               PO Box 460
                               Warrenton VA 201 88



                                        Wel
Burger, John D.                 39605 Wenner Rd
                                Lovettsville VA 201 80


Cadden, Kevin F .               1602 Aerie Lane
                                McLean VA 221 01




Crowley, James K.               PO Box 344
                                40267 Quarter Branch Rd
                                Lovettsville VA 20180



Dellano, Josephine B.           2567 E 21st St
                                Brooklyn NY 11235-2918


                                 13226 Crest Lane
                                 Purcellville VA 20132
                              ~z !_'~




Dunlap, Daniel C .               39593 Sugar Maple Lane
                                 Lovettsville VA 20180

                                  1- nMIMIW"~~

Fisher-Guarino, Taina G.         11771 Folly Lane
                                 Lovettsville VA 20180




 Fognano, Kenneth M .            12915 Shady Lane
                                 Purcellville VA 20132




 Ghiorzi Baus, Angela             313 Ross St
 -
G hiorzi, Irene A.      39558 Wenner Rd
                        Lovettsville VA 20180


Ghiorzi, Theresa        39558 Wenner Rd
                        Lovettsville VA 201 80


                        29 N Braddock St
                        PC Box 444
                        Winchester VA 22604

II - 1
H al 1, Patricia A.     39540 Quarter Branch Rd
                        Lovettsville VA 20180


 Hodgson, Gordon M.     11 820 Berlin Turnpike
                        Lovettsville VA 20180

      .                 W&
 Hoffman, James S.      39883 Catoctin View Lane
                        Lovettsville VA 201 80


 Hyatt, Franklin J.      39687 Wenner Rd
                         Lovettsville VA 20180



   ohnson, Lauren        190 Hannah Court
                         Winchester VA 22603
                                         WE-
  Kershner, Robert J.    11688 Purcell Rd
                         Lovettsville VA 20180


                           1750 Berlin Tpk
                          Lovettsville VA 201 80


  MacHorton, J. G .       12910 Crest Lane
                          Purceliville VA 20132


  Marmet, Robert G .      Esquire
                          Piedmont Environmental Council
                          45 Horner St
                          PC Box 460 Warrenton VA 20188


   Matarazzo, William     39625 Sugar Maple Lane
                          Lovettsville VA 20180
                                            ~RR-Xik~
Meiser, Hale A.        8700 Lothbury Court
                       Fairfax VA 22031
                              g



Mohler, Nicholas L.    11479 Potomac Heights Lane
                       Lovettsville VA 20180


Murphy, Timothy        12031 Morningstar Place
                       Lovettsville VA 201 80

                                   -1

Palmer, Randall B,     Esquire
                       Allegheny Energy
                       800 Cabin Hill Drive
                       Greensburg PA 15601-1689


Randles, Kenneth       39998 Catoctin View Lane
                       Lovettsville VA 20180


Rimer, Dawn            12001 Morningstar PI
                       Lovettsville VA 20180

                                        00M
Roberts, John R.       County Attorney
                       County of Loudoun
                       I Harrison SL, SE/5th Fl.
                       Leesburg VA 20175-3102


Rosenthal, Dawn L.     39763 Rivers Edge Lane
                       Loveltsville VA 201 30


Silverman, Deanna      12011 Morningstar Place
                       Lovettsville VA 20180


Trout, Jeffrey P.      Esquire
                       Allegheny Power
                       800 Cabin Hill Dr
                       Greensburg PA 15601


Ulmer, Tylee M.        37964 Long Lane
                       Lovettsville VA 201 80

                                                       qllm~'-
Vanderhye, Robert A.   801 Ridge Dr
                       McLean VA 22101-1625


Wallington, Mary L,    11583 Scott Morgan Lane
                       Lovettsville VA 20180-1668
  ROOM-',              ON 114"MI-111,4111               LEE,