_I I x June 6,2018 Ingrid Ferrell Executive Secretary West Virginia PSC 201 Brooks Street Charleston, WV 25301 I Re: Intervention of Sierra Club in Case No. 18-503-E-ENEC Dear Ms. Ferrell, c Please find attached an original and 12 copies of Sierra Club s Petition to Intervene in Case No. 18-503-E- ENEC. Copies have been served to all parties on the service list for the case. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, W.Va. State Bar 10588 P.O. Box 11571 Charleston, WV 25339 mbecher@,appalmad.org - 304-382-4798 cc: Service List for 18-503-ENEC Counsel for the Sieva Club
BEFORE THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON, WEST VIRGINIA APPALACHIAN POWER COMPANY and WHEELING POWER COMPANY, Petition to Initiate the Annual Review and to Update the ENEC Rates Currently in Effect Case No. 18-0503-E-ENEC PETITION TO INTERVENE BY SIERRA CLUB Pursuant to Rule 12.6 of the Commission s Rules of Practice and Procedure, Sierra Club hereby petitions to intervene in the above-captioned proceeding. In support of this Petition, the Sierra Club states as follows: 1. The names and addresses of Sierra Club s attorneys are: Mike Becher (W. Va. Bar No. 10588) Appalachian Mountain Advocates Post Office Box 11571 Charleston, West Virginia 25339 Evan Johns (W. Va. Bar No. 12590) Appalachian Mountain Advocates 4 1 5 Seventh Street Northeast Charlottesville, Virginia 22902 (304) 382-4798 (434) 529-6787 mbecher@appalmad.org ejohns@appalmad.org 2. On April 16, 2018, Appalachian Power Company and Wheeling Power Company (collectively, the Companies ) filed with the Commission a Petition to initiate the Companies annual review and to update their ENEC rates. 3. In their Petition, the Companies request that the Commission increase their ENEC rates by $91.3 million. A component of the costs that the Companies seek to charge their customers relates to Appalachian Power s ownership share in the Ohio Valley Electric Corporation ( OVEC ), which the Companies charge to customers on a cost basis. OVEC See Direct Testimony of Nancy A. Heimberger, page 6.
operates two 1950s-built coal-burning plants, Clifty Creek in Madison, Indiana and Kyger Creek in Cheshire, Ohio, as well as a transmission system to connect its plants to the networks of various utilities. Appalachian Power and other utilities own shares of OVEC, with their rights and obligations generally governed by an Inter-Company Power Agreement. Sierra Club seeks to participate in this proceeding to inform the Commission about developments regarding OVEC cost recovery in neighboring states, to explain that OVEC is unable to provide energy at anything but above-market prices (as evidenced, in part, by OVEC s own recent statements to the Federal Energy Regulatory Commission), and to suggest a reasonable method for treating OVEC costs. 4. Sierra Club is a national nonprofit environmental organization with more than 795,000 members nationwide, including around 2,500 members who reside in West Virginia, many of whom are customers of the Companies. Sierra Club s mission is to explore, enjoy, and protect the wild places of the Earth; to practice and promote the responsible use of the Earth s resources and ecosystems; to educate and enlist humanity to protect and restore the quality of the natural and human environment; and to use all lawful means to carry out these objectives. In hrtherance of this, the Sierra Club is devoted to the study and protection of the Earth s ecological resources, including rivers, streams, and air sheds. An important part of the Sierra Club s current work at both the national and chapter level focuses on environmental and public health problems associated with the reliance on fossil fuels for electric generation, and, in keeping with that, the Sierra Club advocates for energy efficiency and the use of renewable energy. 5. The Sierra Club and its members have a strong interest in the OVEC cost recovery proposed in the Companies Petition. Absent proper Commission oversight, the Companies recovery of OVEC costs in this proceeding could affect Sierra Club members by 2
imposing unjustified, unnecessary costs with little corresponding benefit to them. Thus, the Sierra Club thus has a legal interest in the subject matter of this case. In addition, the Sierra Club is uniquely situated to represent the interests of its members in this proceeding as a result of its expertise and experience in energy policy and law, renewable energy generation, energy efficiency, environmental regulations that affect the market for energy generation and demand response, and above all Sierra Club s familiarity and experience with issues related to OVEC. No party present can adequately represent the Sierra Club and its member ratepayers, who have an interest in receiving electricity that is affordable, efficient, and increasingly comes from clean sources. 6. Sierra Club has a record of participation in proceedings related to energy issues in West Virginia. For example, Sierra Club has participated in Appalachian Power Company and Wheeling Power Company s most-recent EEiDR program rate increment review, Case No. 17-0401 -E-P. Sierra Club participated in Case No. 15-0303-E-P, Appalachian Power Company and Wheeling Power Company s prior EEiDR program rate increment review, Case No. 12-1571 -E- PC, Monongahela Power Company and The Potomac Edison Company s Petition for Approval of a Generation Resource Transaction and Related Relief, Case No. 12-1238-E-G1, the 2012 ENEC Filing of Monongahela Power Company and the Potomac Edison Company, Case No. 11-1775-E-P, Appalachian Power and Wheeling Power s merger proceeding, Case No. 07-0508-E- CN, Trans-Allegheny Interstate Line Company, concerning authorization for construction and operation of the West Virginia segments of a 500 kv electric transmission line, and in Case No. 09-0770-E-CN, PATH West Virginia Transmission Company, LLC; PATH Allegheny Transmission Company, LLC; PATH-WV Land Acquisition Company; and PATH-Allegheny 3
Land Acquisition Company, concerning application for permitting for construction and operation of the West Virginia segments of a 765kV electric transmission line. 7. No party would be prejudiced by Sierra Club s intervention. No hearing has yet occurred in this matter, and no deadline for intervention has yet been established by the Commission. See Public Service Commission Rule of Practice and Procedure 12.6.a (unless ordered otherwise, petitions and oral requests to intervene may be made prior to or at the time a case is called for hearing ). Intervention at this stage is accordingly timely, and would not disrupt progress in the case. 8. Sierra Club has direct and significant concerns and interest in the subject matter of this proceeding, and its interests are not represented by any other party of record. Accordingly, the Sierra Club petitions the Commission for leave to intervene in order to protect the interests of itself and its constituent members. WHEmFORE, the Sierra Club respectfully requests that the Commission grant this Petition to Intervene with full party status in this proceeding. Dated: June 6,20 18 Respectfully submitted, a. Bar No. 10588) Appalachian Mountain Advocates Post Office Box 11571 Charleston, West Virginia 25339 (304) 382-4798 mbecher@appalmad.org Attorney jor the Sierra Club 4
CERTIFICATE OF SERVICE I, J. Michael Becher, hereby certify that I served the foregoing Petition to Intervene by Sierra club on all parties by U.S. Mail, this 6th day of June, 2018 to the following addresses: William C. Porth, Esq. Counsel, Appalachian Power Company and Wheeling Power Company Robinson & McElwee PLLC PO Box 1791 Charleston, WV 25326 Email Address: wcp@ramlaw.com Tom White, Esq. Consumer Advocate Division 700 Union Building 723 Kanawha Boulevard, East Charleston, WV 25301 Email Address: twhite@cad.state.wv.us Derrick P. Williamson, Esq. Counsel, WVEUG Spilman Thomas & Battle, PLLC 1100 Bent Creek Blvd., Suite 101 Mechanicsburg, PA 17050 Email Address: dwilliamson@spilmanlaw.com Barry A. Naum, Esq. Counsel, WVEUG Spilman Thomas & Battle, PLLC 1100 Bent Creek Boulevard, Suite 101 Mechanicsburg, PA 17050 Email Address: bnaum@spilmanlaw.com Susan J. Riggs, Esq. Counsel, WVEUG Spilman Thomas & Battle PO Box 273 Charleston, WV 2532 1-0273 Email Address: sriggs@spilmanlaw.com Thomas E. Scarr, Esq. Counsel, SWVA, Inc. Jenkins Fenstermaker PLLC 5
325 8th Street, 2nd floor Huntington, WV 25701 Email Address: tes@jenkinsfenstermaker.com Charles K. Gould, Esq. Counsel, SWVA, Inc. Jenkins Fenstermaker PLLC 325 8th Street, 2nd floor Huntington, WV 25701 Email Address: ckg@jenkinsfenstermaker.com Counsel for Sierra Club 6