Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street PO Box 812 Charleston, W 25323

Transcription

1 4 f 5001 NASA Boulevard Fairmont, W GaiyA. Jack Senior Corporate Counsel Fax: November 6,20 13 Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street PO Box 812 Charleston, W Re: Jeffrey and Crystal Alkire v. Monongahela Power Company and Trans-Allegheny Interstate Line ComDanv: Case No E-C Dear Ms. Ferrell: Enclosed for filing please find an original and twelve (1 2) copies of Monongahela Power Company and Trans-Allegheny Interstate Line Company s Response to Further Staff Memorandum in the above-referenced matter. A copy has been served upon Complainant by First Class US. Mail. Sincerely, Gary A. Jack Senior Corporate Counsel WV State Bar No GAJ : dml Enclosures cc: Certificate of Service L-I

2 ~ -_ ~~~ - THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON ~ CASE NO E-C JEFFREY and CRYSTAL ALKIRE Complainants V. MONONGAHELA POWER COMPANY and TRANS-ALLEGHENY INTERSTATE LINE COMPANY Defendants RESPONSE TO FURTHER STAFF MEMORANDUM Monongahela Power Company ( Mon Power ) and Trans-Allegheny Interstate Line Company ( Trailco ) (both referred to as Companies ) respond to the Further Final Joint Staff Memorandums filed September 17,2013 and on November 6, The Companies accept the settlement offer contained in the Further Staff Memo of November 6,20 13 as full resolution of this pending matter. 2. With regard to Staffs concerns about acknowledging the rules regarding aerial spraying from the Dept. of Agriculture contained within its September 17 Memo, Mon Power acknowledges those rules and attaches as Exhibit A an example of the letters it files with the West Virginia Dept. of Agriculture every year 60 days prior to any aerial spraying. 3. Concerning the acknowledgement that landowners are entitled to clear the Mon Power rights of way in Staffs September 17 Memo, attached is an example of the publications

3 made in area newspapers in accordance with West Virginia Dept. of Agriculture requirements. The -. ~ publications are both legal notices and press releases. Landowner maintenance agreements are specifically mentioned as an option for landowners in both publications. 4. Regarding the clarification requested by Staff in its September 17 Memo of Mon Power intentions going forward regarding adhering to proper procedures for notification and application of herbicides, Mon Power represents it will comply with such proper procedures and notifications going forward. Additionally, it attaches a statement of steps taken to try to prevent going forward the mistake in this case of accidentally aerially spraying too close to a spring on Complainant s property. 5. Finally, even though the line in question is owned amd operated by Mon Power, the other transmission line on the property is a Trailco line. Trailco agrees that pursuant to its settlement agreement in Case No E-CN that it will not aerially spray herbicides on the portion of the line on Complainant s property. Based on the pleadings in this case, the hearing should be cancelled for November 12,2013 and an order issued adopting the settlement. Respectfully submitted, MONONGAHELA POWER COMPANY TRANS-ALLEGHENY INTERSTATE LINE COMPANY Date: November 6,20 13 W- State Bar No. YS55 Senior Corporate Counsel Monongahela Power Company NASA Boulevard Fairmont, WV 26554

4 Page 1 of8 April 01,2013 The Honorable Walt Helmick West Virginia Commissioner of Agriculture 1900 Kanawha Boulevard E Charleston, WV Re: Title 61 - Regulations to Govern the Aerial Application of Herbicides to Rights-of-way - PRIOR NOTIFICATION Dear Commissioner Helmick: In accordance with Section 12D-3 of the above-referenced regulations, Asplundh Tree Expert Co. hereby submits to you enclosed information, as required by Paragraph 3. lb. The attached information will be mailed to newspapers, radio, and television stations serving the areas to be aerially sprayed. If you, or your staff, desire further information now or during the season, please contact me in our regional office at (301) Sincerely, Timothy M. Blankenship Supervisor, Asplundh Tree Expert Co. Enclosures

5 Page 2 of 8 May 20,201 3 The Honorable Walt Helmick West Virginia Commissioner of Agriculture 1900 Kanawha Boulevard E Charleston, WV Re: Title 61 - Regulations to Govern the Aerial ADplication of Herbicides to Rights-of-Wav - PRIOR NOTIFICATION Dear Commissioner Helmick: In accordance with Section 1 2D-3 of the above-referenced regulations, Asplundh Tree Expert Co. hereby submits to you enclosed information to serve as a two week prior notification of the proposes aerial spray program The enclosed information will be forwarded to newspapers, radio, and television stations serving the areas to be aerially sprayed. If you, or your staff, desire further information now or during the season, please contact me in our regional office at (301) Sincerely, Timothy M. Blankenship Supervisor, Asplundh Tree Expert Co. Enclosures

6 Page 3 of 8.- Notice to First Energy Corp. Mon Power Customers With Rights-of Way across their Property - - First Energy Corp. has contracted Asplundh Tree Expert Co. to maintain portions of its power line rights-of-way in Monongalia, Tucker, Taylor, Marion and Preston Counties with the aerial spraying of approved herbicides. The work will begin during the months of June through August Questions about the program or about sensitive areas near power lines, such as springs, wells, streams, lakes, ponds, orchards, crop areas, gardens, pastures, meadows, year-round dwellings, public recreation areas, and Christmas tree plantations may be directed to the Company by calling This number is staffed 24 hours a day, 7 days a week. Information about sensitive areas also can be mailed to the local First Energy office listed below. When calling or writing, please be specific about the location by giving the number of the utility pole or tower nearest to the sensitive area. The number is posted on the pole or the legs of the tower, landowners may have the option of entering into a right-of-way maintenance agreement with Mon Power, which is specific to areas scheduled to be aerial sprayed that are inaccessible to ground crews, Such agreements require taking individual responsibility for keeping the rights-of-way clear and require that rights-of-way be maintained according to specifications outlined by the company. Those interested in right-of-way maintenance agreements should contact the local Mon Power office for details: The herbicides to be used - triclopyr; glyphosate; picloram; fosamine; metsulfuron; imazapyr; fluroxypyr and aminocyclopyrachlor - have been tested extensively and approved by the Environmental Protection Agency and the State Department of Agriculture. Right-of-way for this program involves the following areas: Monongalia and Preston Counties (lake Lynn - Albright - Cumberland #lo6 138 KV line) Portions of line starting at Lake Lynn Power Station and running east, crossing Rt. 857 north of Blaney Hollow. It runs close to the Sand Springs Fire Tower and Lake-o-Woods, and crosses Clifton Mills Rd. north of Brandonville. It crosses Rt. 26 north of Shady Grove Church and runs into Maryland. Preston County (lake lynn-albirght-cumberland #lo6 Line, 138 KV) This transmission line starts from a line intersection on Rt, 26 one mile north of Shady Grove. It runs due south, crossing County Rt. 3/3 one mile west of the locust Grove Church. It passes Yo mile east of Centenary and H mile west of lenox. It crosses the Coal Lick Road % mile south of Wesley Church and goes into the Albright Power Station.

7 Page 4 of 8 Monongalia-Preston Counties (Albright-Lake Lynn #lo2 Line, 138 KV) This transmission line runs east form Lake Lynn Power Station (Cheat Lake Dam), crossing the Fairchance Road X mile from the Pennsylvania line and crossing Sand Springs Road at the fire tower, It then turns southeast, crossing I 68 at laurel Run and crossing the Cheat River at Rockville. It passes close to the old Beech Run school house, crosses Rt. 26 one mile north of Albright, and keeps on the east side of the town of Albright until it reaches Albright Power Station. Preston and Taylor Counties (Albright-Pruntytown #122,138 W) Portions of a transmission line beginning at Albright Power Station and running south for one mile before turning west, crossing WV Rt. 7 east of Kingwood before going through Tunnelton, passing between Newburg and Independence, and entering Taylor County one mile south of Hardman. Preston County (Albright-William #108,138 kv) This transmission line runs south out of Albright Power Station, crosses Rt. 7 one mile up Caddell Mt. from the Cheat River, and passes 1 mile west of Rodemer. It crosses Salt lick Road 1.5 miles east of Amblersburg, passes K mile west of Amboy, and crosses Rt, 50 at Aurora, From here it runs southeast through Horse Shoe Run and Silver Lake. It crosses Rt. 219 between Silver Lake and the Mountain Grove Church and runs into Tucker County. Monongalia County (Price Hill-Pruntytown # 120,138 kv Line) Portions of a transmission line beginning at the Price Hill substation at the Municipal Ordinance Works (M.O.W.) and running southwest crossing 1-79 near Harmony Grove, the Monongahela River twice, state Rt. 40, the Monongahela River again at Flaggy Meadow, State Rt. 36 at the intersection of Rts. 36 and 36/3 and proceeds 1 % miles further before entering Marion County. Monongalia County (Pruntytown - Fort Martin #508,500 KV Line) Portions of transmission line entering Monongalia County one mile south of Smithtown. Running north it crosses W.Va. Rt. 73 at Smithtown, the Monongahela River at Flaggy Meadow, County Rt. 45 one-half mile west of Booth and U.S. Rt. 19 at Laurel Point. Turning northeast at Osage, it crosses 1-79, US, Rt. 19, and County Rt. 100 at Maidsville and Fort Martin Road before entering Fort Martin Power Station,

8 Page 5 of 8 Roger Freedman, Forestry Supervisor First Energy Corporation Mon Power, Clarksburg Service Center 19 Armory Road Clarksburg, WV 26301

9 Page 6 of 8 12 Village Parkway Frostburg MD, News Media Contact: Tim Blankenship (304) Secondary Contact: Kristin Wild (800) ext.4427 Asplundh Tree Expert Company to Conduct Aerial Spraying of Rights-of-way as a Part of Ongoing Maintenance Program Fairmont, WV- Asplundh Tree Expert Company, a First Energy contractor, will be using an aerial application of herbicides to help maintain the rights-of-way under some of the power lines on the Mon Power system. The maintenance program is designed to enhance the safety and reliability of its electric service by controlling vegetation that has the potential to interfere with power lines. The company will be applying the herbicides in Barbour, Clay, Doddridge, Gilmer, Harrison, Lewis, Marion, Monongalia, Nicholas, Pleasants, Pocahontas, Preston, Pendieton, Randolph, Upshur, Ritchie, Roane, Taylor, Tucker, Tyler, Webster, Wetzel, and Wood counties beginning in early June. The work will be performed in accordance with regulations established by the Public Service Commission of West Virginia (PSC) and the West Virginia Department of Agriculture (DOA), with herbicides approved by the US. Environmental Protection Agency (EPA) and the state DOA. To report a potentially sensitive area, submit a comment, or ask questions regarding the herbicide program, customers can call This number will be available 24 hours a day/ 7 days a week. Asplundh will give advance notice before spraying a property to persons who submit a written request, which must include the name, mailing address, property location and telephone number of the person asking for notification. In accordance with regulation, landowners ~~ may ~ have ~~ ~ the ~ option ~ ~ of ~~~~ entering into ~ ~ a right-of-way ~~~ maintenance agreement with Mon Power, which is specific to areas scheduled to be aerial sprayed that are inaccessible to ground crews. Such agreements require taking individual responsibility for keeping

10 Page 7 of 8 the rights-of-way clear and require that rights-of-way be maintained according to specifications outlined by the company. Those interested in right-of-way maintenance agreements should contact the local Mon Power office for details: Mon Power Clarksburg Service Center c/o Roger Freedman, Forestry Supervisor 19 Armory Road Clarksburg, WV This office has maps available for inspection showing the location of rights-of-way to be included in the spray program for Contractors will be using the following herbicides: Triclopyr; glyphosate; picloram; fosamine; metsulfuron; imatapyr; fluroxypyr and aminocyclopyrachlor. Any questions about the herbicides should be referred to the state DOA or to the EPA. (040113)

11 Page 8 of 8 CHANGES TO PROCESS FOR AERIAL SPRAYING The current contractor, Asplundh, and Mon Power ( FE ) will be implementing and following the additional procedure in their aerial herbicide application protocol. Currently, FE supplies its contractor with all known aerial herbicide application restrictions for a given, scheduled corridor. During the notification process, additional areas may be identified, or property owners along the line may have questions or concerns related to the application. These concerns or questions are addressed individually by authorized FE representatives for resolution. Any areas above what are originally supplied to the contractor by FE are added to the work plan for that comdor. Prior to application, a mandatory pre-flight with the pilot is made. The observer may be either an authorized FE representative, and/or vegetation contractor, depending on contract type. The pilot and observer identify and validate all of the restrictions or %o spray areas that were identified. In addition, this pre-flight is utilized to identify any additional areas of concern that were not originally identified, and added to the work plan. This is the final validation of the work plan prior to application. As the additional measure to ensure that the finalized work plan is in place and understood by the applicator, immediately following the pre-flight, both the pilot and observer (authorized FE representative ador contractor representative) will review the application maps and work plan updating them with any additions to, or deletions from the same. After all involved parties have fill understanding and agree to the accuracy of the work plan and maps, including any and all adjustments made during the pre-flight, the pilot and observer will sign and date the map and/or work plan. A duplicate of the maps and/or work plan will also be created and signed. This will help to ensure that all, if any, changes made are reflected and understood.

12 Re: Case No E-C ~- CERTIFICATE OF SERVICE I hereby certifl that on this 6'h day of November 2013, a copy of the foregoing Response to Further StaffMemorandum was sent by U.S. Mail, First Class, to: Jeffrey and Crystal Alkire RR 3, Box 196B 1536 Bunner Ridge Road Fairmont, WV John Auville, Staff Attorney Public Service Commission of West Virginia 201 Brooks St. PO Box 812 Charleston, WV 25323