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

Similar documents
2018 MEMBERSHIP APPLICATION & PROFILE

ABBEY ROAD AND WILDWOOD DRIVE PROJECTS REIMBURSEMENT AGREEMENT BY AND BETWEEN THE NORTHEAST OHIO REGIONAL SEWER DISTRICT AND

Sara Copeland, AICP, Community Development Director. Vacating Right-of-Way in the Armour Road Redevelopment Area

PROPOSALS MUST BE RECEIVED NO LATER THAN: 5:00 p.m., April 30, Proposals received after this time will not be evaluated.

RESOLUTION NO. 'J17. WHEREAS, the City believes that Smith Barney's recommendation of such investments to the City was improper; and

APPROVED MEETING MINUTES

Planning and Zoning Staff Report Corp. of Presiding Bishop LDS Church - PH

2009R23684 * R * Recording Cover Sheet

Opening Ceremonies 1. Welcome/Introductions Ray dewolfe 2. Serious Moment of Reflection/Pledge of Allegiance Corey Thomas

Re: September 5,2017. Dear Ms. Ferrell:

Office of the Board of Commissioners Borough of Monmouth Beach September 11, The following statement was read by Mayor Susan Howard:

March 22, The Pledge of Allegiance was recited. MOTION There were no additions or deletions to the Agenda.

CODE HOME RULE BILL NO A

MINUTES. Upper Saucon Township Board of Supervisors. Regular Meeting Monday, January 27, :30 P.M. Township Municipal Building

OCEAN SHORES CITY COUNCIL MINUTES OF MEETING

MARION COUNTY COMMISSION COUNTY COURT DECEMBER 21, 2011

OTTAWA COUNTY PLANNING COMMISSION. Betty Gajewski, Bill Miller, Jim Miedema, Jim Holtvluwer, Matt Hehl

Weddle CREP Aerial Map

REGULAR TOWN BOARD MEETING. The regular meeting of the Town Board, Town of Palmyra, scheduled to be held on Thursday, June 24, 1999, at the Town

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI RONNIE AND DIANNE ROBERTSON APPELLANT VS. CAUSE NO CA BRIEF OF APPELLANT

BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

Commissioner Shade opened the Public Hearing and asked for any public comment.

CITY OF COOLIDGE CITY COUNCIL MINUTES AUGUST 24, Regular Meeting Council Chambers 7:00 PM

Regular Town Council Meeting Minutes Page 1

M E M O R A N D U M CITY OF URBANA, ILLINOIS DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION

Chairman Sandora: Please stand for the Opening Ceremony, the Pledge of Allegiance.

BANNER ELK TOWN COUNCIL. July 12, 2016 MINUTES

HERNANDEZ LAW FIRM He----- ATTORNEYS AND COUNSELORS AT law. July 15, 2016

OFFICIAL MINUTES OF SEPTEMBER 24, 2018 REGULAR COUNCIL MEETING NO

2008 SURVEY OF INDIANA COUNTY SURVEYORS

CITY OF LOGAN ORDINANCE NO

Policy: Validation of Ministries

From: Bridgette N. Thornton, Deputy City Attorney for the City of Coral Gables

STATEMENT OF BISHOP EMERITUS DONALD TRAUTMAN As he has done his entire career, Bishop Trautman sends his prayerful support to all victims of clergy

INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES

Opening Date: November 1, 2014 Closing Date: January 31, 2015

CHARTER TOWNSHIP OF LYON BOARD OF TRUSTEES MEETING MINUTES September 5, 2006

CITY OF CLAWSON REQUEST FOR PROPOSALS FOR PLANNING SERVICES

June 22, Re: UM 1912 Portland General Electric Company Resource Value of Solar

Chase Tower, Eighth Floor. P.O. Box Charleston, WV (304) (304) Fax. January 10, 2008

Millcreek City Planning and Community Development 3330 South 1300 East Millcreek, Utah Phone: (801) Inspections: (385)

City of Sunny Isles Beach Collins Avenue Sunny Isles Beach, Florida 33160

Curtis L. Johnston Selman v. Cobb County School District, et al June 30, 2003

Control Number : Item Number : 329. Addendum StartPage : 0

January 6, By copy of this letter, I am transmitting an additional copy of the resolution and schedules to Southampton Township.

CITY OF MERCER ISLAND COMMUNITY PLANNING AND DEVELOPMENT 9611 SE 36TH STREET MERCER ISLAND, WA PHONE:

CITY OF CORNING SPECIAL CITY COUNCIL CLOSED SESSION MINUTES TUESDAY, SEPTEMBER 13, 2016 CITY COUNCIL CHAMBERS 794 THIRD STREET

MINISTERIAL APPLICATION The International Pentecostal Holiness Church, Inc.

BRADFORD TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING October 2, 2018

Enclosed for filing in the above entitled case please find the following:

Tremonton City Corporation Land Use Authority Board June 06, 2007

Investigative Report Automotive Repair Discount November 10, 2015

MINUTES PITTSBURG PLANNING COMMISSION

Joelle R. Steward Vice President, Regulation 1407 West North Temple, Suite 330 Salt Lake City, UT 84116

WEST VIRGINIA. Ambler, Charles Henry. West Virginia, the Mountain State. Englewood Cliffs, NJ: Prentice Hall, F 241.

Chase Tower, Eighth Floor. P.O. Box Charleston, WV May 16,2008

INTERNATIONAL CHURCHES OF CHRIST A California Nonprofit Religious Corporation An Affiliation of Churches. Charter Affiliation Agreement

Full Gospel Assemblies 3018 E. Lincoln Hwy. P. O Box 337 Parkesburg, PA 19365

ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF DAVID CITY, NEBRASKA

AGRICULTURE ADVISORY COMMITTEE

Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk s office at (319)

MARCH 11, 2014 MINUTES PLANNING COMMISSION COUNCIL CHAMBERS (MACKENZIE HALL)

Thursday, September 28, 2017 Approved November 30, 2017

City of Davenport Commission Minutes of March 19, 2018

Welcome to the Narberth 2040

Docket No In the Matter of Application of Rocky Mountain Power for Approval of Solicitation Process for Wind Resources

KIRTLAND CITY COUNCIL MINUTES. October 5, 2015

Motion was made by Mr. Robinson to approve the minutes as presented and carried as follows:

IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH. Case No. v. Judge WILLIE GRAYEYES,

MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF WATERVLIET THURSDAY, MAY 21, 2015 AT 7:00 P.M.

DURABLE POWER OF ATTORNEY/DECLARATION WITH RESPECT TO HEALTH CARE DECISIONS AND POST-MORTEM DECISIONS FOR USE IN CALIFORNIA

My name is Karen Friesen. My husband, and I and our 2 children, own and

Policies, Procedures, Guidelines 079

HOLY FACE CHURCH GREAT MILLS, MARYLAND

THE PRIDE AND BUNNER FAMILY. Geri's Mother's Side. Submitted by Geraldine Raybuck Smith.

Agreement for Professional Services In Connection With DeGraaf Nature Center Park Entrance Improvements

CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT

STATE OF VERMONT PROFESSIONAL RESPONSIBILITY BOARD. Decision No. 35

ORDINANCE

Applicant Information. Cover Letter & Resume. Supplemental Questions

Payment Card Industry (PCI) Qualified Integrators and Resellers

MEMORANDUM. In preparation for September 12th public hearing, below is a status report.

RECREATION COMMISSION AGENDA Tuesday, March 13, :00 p.m. City Hall Conference Room #2 85 S. Main Street, Oberlin, Ohio

Summary of Registration Changes

Building Board CITY OF PUNTA GORDA, FLORIDA OCTOBER 24, 2017, 9:00 AM CITY COUNCIL CHAMBERS W. MARION AVENUE, PUTNA GORDA FL 33950

Conrad B. Harrison papers, s

Subcommittee Members:

OAK RIDGE TOWN COUNCIL MEETING APRIL 5, :00 P.M. OAK RIDGE TOWN HALL MINUTES. Mayor Spencer Sullivan called the meeting to order at 7:00 p.m.

Jeff Straub, Interim City Manager Ted Hejl, City Attorney Susan Brock, City Clerk

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 93 ( CRIMINAL HISTORY BACKGROUND CHECKS ) OF THE MANALAPAN TOWNSHIP CODE Ordinance No.

: Brian Stirling, Acting Chairman Suzy Hackett, Robert Haynes, Jeffery Masters, Timothy Meyer, Thomas TJ Thornberry

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING DECEMBER 1, 2015

RECORD OF PROCEEDINGS Minutes of CADIZ VILLAGE COUNCIL Meeting October 4, 2018 PAGE 1 of 7

Southern California Edison Company s Testimony on Tehachapi Renewable Transmission Project (TRTP) -- Qualifications. Application Nos.: Exhibit No.

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON * * * * * * * * * * SWF-X * * * * * * * * * HEARING TRANSCRIPT * * * * * * * * *

PUBLIC HEARING PROPOSED MASTER PLAN. The Public Hearing scheduled by the Town Board, Town of Palmyra, and the Village Board, Village of

SALE OF CHURCH REAL PROPERTY FOR DEVELOPMENT In the Episcopal Diocese of Long Island. Policies, Procedures and Practices

Page 1 of 6 Champlin City Council

Case 1:06-cv REB-BNB Document 45 Filed 08/03/2006 Page 1 of 29 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

TOWN OF SENECA REGULAR MEETING SEPTEMBER 18, 2018

Transcription:

4 f 5001 NASA Boulevard Fairmont, W 26554 GaiyA. Jack Senior Corporate Counsel Fax: 304-534-7409 330-315-9939 November 6,20 13 Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street PO Box 812 Charleston, W 25323 Re: Jeffrey and Crystal Alkire v. Monongahela Power Company and Trans-Allegheny Interstate Line ComDanv: Case No. 13-0708-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. 1855 GAJ : dml Enclosures cc: Certificate of Service L-I 730.24

~ -_ ~~~ - THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON ~ CASE NO. 13-0708-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 6,2013. 1. 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

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. 07-0508-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 500 1 NASA Boulevard Fairmont, WV 26554

Page 1 of8 April 01,2013 The Honorable Walt Helmick West Virginia Commissioner of Agriculture 1900 Kanawha Boulevard E Charleston, WV 25305 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) 689-1350. Sincerely, Timothy M. Blankenship Supervisor, Asplundh Tree Expert Co. Enclosures

Page 2 of 8 May 20,201 3 The Honorable Walt Helmick West Virginia Commissioner of Agriculture 1900 Kanawha Boulevard E Charleston, WV 25305 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) 689-1350. Sincerely, Timothy M. Blankenship Supervisor, Asplundh Tree Expert Co. Enclosures

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 2013. 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 1-800-215-9648. 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.

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,

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

Page 6 of 8 12 Village Parkway Frostburg MD, 21532 News Media Contact: Tim Blankenship (304) 396-9479 Secondary Contact: Kristin Wild (800) 248-8733 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 1-800-215-9648. 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

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 26301 This office has maps available for inspection showing the location of rights-of-way to be included in the spray program for 2013. 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)

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.

Re: Case No. 13-0708-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 26554 John Auville, Staff Attorney Public Service Commission of West Virginia 201 Brooks St. PO Box 812 Charleston, WV 25323