PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in
the City of Charleston on the 13thday of February, 201 5.
CASE NO. 14-1221-E-CS
MOUNDSVILLE POWER, LLC, Buffalo, New York.
Application for a Siting Certificate to Authorize the
Construction and Operation of a Wholesale Electric
Generating Facility and Related Transmission Support
Line of Less Than 200 kV and associated Interconnection
Facilities in Marshall County, West Virginia

COMMISSION ORDER GRANTING A SITING CERTIFICATE
FOR A WHOLESALE ELECTRIC GENERATING FACILITY
IN MARSHALL COUNTY
This Order addresses the application filed by Moundsville Power, LLC
(Moundsville Power) for a Siting Certificate to construct and operate a natural-gas fired
wholesale electric generating facility of approximately 549 megawatts (MW) in Marshall
County. including a transmission line, interconnection facilities and other necessary
appurtenances, as is more fully described in this Order.
Based upon a thorough review of the evidence and the public support shown for
the proposed plant, the Coininission will grant a Siting Certificate to Moundsville Power,
subject to the terins and conditions set forth in this Order.

I.

PROJECT DESCRIPTION

On July 3, 2014, Moundsville Power' filed an application for a Siting Certificate2
pursuant to W. Va. Code $5 24-2-1(c) and 24-2-11c to authorize the construction and
operation of a natural-gas fired base load combined cycle wholesale electric generating
1

Mouiidsville Power, a Delaware limited liability company, is authorized to do business in West

Virginia.
Mouiidsville Power's Application consisted of two large voluines, iiicludiiig aii Appendix,
inultiple Exhibits. tables, figures and other documents. The Applicatioii was filed pursuant to the
Coinmission's Rules Governing Siting- Certificates for Exempt Wholesale Generators (Sitiiia Rules), 150
C.S.R. Series 30.

 I

facility of approxiinately 549 MW (Facility or Project) about three iniles south of
Moundsville, including an approxiinately 500-foot 138 kV (less than 200,000 volts)
transmission line. interconnection facilities and other necessary appurtenances as inore
particularly described in the application. Upon completion, the Facility will be used to
generate electricity for sale in the competitive wholesale market in West Virginia and
other locations.
Moundsville Power stated that the plant will utilize state-of-the-art natural gasfbeled electric generating equipment consisting of two combustion turbines (CTs) that
will drive two combustion turbine generators (CTGs). The CTGs will be connected to
two heat recovery steam generators (HRSGs) that will use exhaust heat from the CTs to
generate high-quality, superheated steam. The steam will drive a single steam turbine
that will drive a steam turbine generator to generate electricity. The Facility also will
have cooling towers, a switchyard, a water treatment building, a inaintenance building
and other auxiliary structures. Application Forin 2, at 2; Application at 2. The new plant
will generate enough electricity to power some 325,000 homes.
Moundsville Power stated that additional generating capacity is needed in the
PJM3 power market. In the Ohio River Valley, 3,870 MW is scheduled to close by 2015.
Close to the proposed Moundsville Power plant, the 541-MW R.E. Burger Plant in
Shadyside, Ohio, has closed and the 713-MW Kaininer Plant outside of Moundsville will
close. Moundsville Power stated that it will directly fund significant upgrades to inore
than nine iniles of local power grid infrastructure as required by PJM.
The plant location is close to several natural gas production and processing
facilities and transmission pipelines. The Facility will receive blended fuel of 25 percent
ethane and 75 percent natural gas. Application Forin 2, at 2; Application at 3. The fuel
blend is not available froin local natural gas distribution companies, pipelines or natural
gas suppliers. Application Appendix at 4, 5, 14.
Large volumes of natural gas are being produced in the area near the Moundsville
Power plant, but the natural gas is generally "wet" and inust be processed before it can be
used for various purposes. For instance, to obtain utility-grade natural gas to burn in
household appliances, ethane is one of the elements that is removed froin wet gas.
Ethane burns hotter than natural gas and in most market settings is inore valuable
than natural gas. A lot of ethane froin around the country is transported to Louisiana,
where it is processed and sold. Because large volumes of natural gas (and ethane) are
being produced near Moundsville and there currently is no available means to transport
3

PJM Iiiterconiiection Association, a regioiial traiisinissioii organization, coordinates the
movement of electricity through all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland.
Michigan. New Jerseq , North Carolina, Ohio, Peiinsy lvania, Tennessee, Virginia, West Virginia and the
District of Columbia; operates a n.holesale electricity market; and manages a long-term regional electric
transmission plaiiiiiiig process to inaintaiii the reliability of the power supply system. Application
Appendix at 1; Applicant Ex. JPB-D at 7.

2

 1
I

the ethane to market in Louisiana, the local price of ethane is depressed. The
Moundsville Power plant can use local ethane as a fuel source when it is economically
feasible and doing so provides a West Virginia outlet for a commodity. If a local market
develops or transportation becomes available to move the locally-produced ethane to
Louisiana or other markets to be sold for a higher price, the Moundsville Power Facility
can operate using only natural gas as fuel. Tr. at 54-55 (Dec. 9, 2014).
Moundsville Power stated that it has conducted multiple rounds of a competitive
bid process to select a third party to design, permit, construct, own and operate a
dedicated pipeline and fuel mixing station to serve the Facility (Pipeline). The lowest bid
received was a joint proposal froin Vineyard Oil & Gas Company and East Resources,
Inc. Applicant Ex. ADWIV-R at 6.
The Pipeline's priinary source for the delivery of natural gas will be from the
Texas Eastern Transinission pipeline (Tetco) and the priinary source of ethane will be
froin Blue Racer Midstream's Natrium natural gas processing plant (BRM). The Pipeline
will interconnect to Tetco and BRM about 5.5 i d e s south of the Facility with two 16inch pipeline taps to Tetco, a meter and regulation station and a tap to a BRM pipeline
with a meter and regulation station. A natural gas and ethane mixing station will be built
close to the Tetco and BRM taps. a.at 8.
The Facility will use water froin the Ohio River for cooling. Excess cooling water
and storinwater will be discharged into the Ohio River. Application Appendix at 5.
The power generated by the Facility will be delivered to an existing American
Electric Power (AEP) substation (Washington Substation). The 500-foot transmission
line will begin at the northeast corner of the Facility and cross West Virginia Route 2 to
the Washington Substation. Application at 2; Application Forin 2, at 3.
Moundsville Power stated that General Electric (GE) will inanufacture the
generation equipment and provide preventative and on-call maintenance. Moundsville
Power will enter into a contract with a qualified engineering, procurement and
construction contractor to inanage construction and with a qualified operation and
maintenance firin with experience operating a GE combustion turbine plant to operate,
manage and maintain the Facility. Application at 2-3.
The plant will be located on a 37.2-acre portion of the 382-acre Allied-HanlinOlin USEPA Superfund Site that was previously the home of a chemical inanufacturing
facility. Moundsville Power stated that the 37.2-acre parcel has been remediated.
Application Appendix at 3.
Moundsville Power asserted that constructing the plant at this location will allow
redevelopment of a portion of an otherwise environmentally stigmatized property.
Further: a trained and qualified local labor pool is available that has the requisite skills to
coiistruct the Project. Other factors that contributed to the selection of this site include

 that the parcel is within 500 feet of the AEP Washington Substation where the Facility
will interconnect with the PJM grid, in the area of Marcellus Shale production in West
Virginia resulting in readily available natural gas and ethane fuel, and 1,700 feet froin the
Ohio River providing access to obtain and discharge water. Application Appendix at 3 8;
Tr. at 24.
Moundsville Power asserted that neither the Facility nor the transmission line are
utilities providing service to the public, and there will be no impact to West Virginia
ratepayers. Moundsville Power further asserted that it will be the entity responsible for
the construction and operation of the Facility and for the sale of electricity generated by
the Facility. Moundsville Power will operate the plant as an exempt wholesale generator
as defined under Section 32(a) of the Public Utility Holding Company Act of 1935.
Application Form 2, at 2.
Moundsville Power estimated that it will cost approximately $6 15 million to
construct the Facility and the transmission line. Id.;Application Appendix at 70.
Moundsville Power stated that the Project funding m7ill be a combination of equity
and term B market loans. Moundsville Power has entered into a PILOT (payment in lieu
of taxes) agreement with the Marshall County Board of Education and the Marshall
County Coinmission (MCC) whereby Moundsville Power will be exempt froin ad
valorem property tax for 30 years and will make payments for proportional distribution to
the Board of Education and MCC of $4,200,000 during a 30-year term.
Moundsville Power has also entered into a Lease Agreement with the MCC, under
which Moundsville Power will make an upfront payment of $970.000 and annual lease
payments for 30 years totaling approximately $39,292,865. The basic rent schedule can
be reduced by a job credit of up to $300,000 annually, resulting in a total rent agreement
package of $3 1.262,865 to $40,262,865. Presently Marshall County receives $2,500
annually in ad valorem property taxes for the 37.2-acre tract. Application Appendix at
70-72, 75; Application Appendix Ex. 20; Applicant Hearing Ex. 2; Applicant Ex. MJD-D
at 7, 11-12; Tr. at 60.
Tom S. Witt testified for Moundsville Power that the construction and operation of
the Facility ill have a significant econoinic impact on the West Virginia economy.
Using 2013 dollars, he estimated $105 inillion per year of natural gas sourced through
long-term fuel agreements with West Virginia producers and processors; three-year
construction period impacts resulting in inore than 3,000 job years, $191 inillion in
employee compensation, $227 inillion in value added and $400 inillion in output; and
first full-year of operation impacts resulting in 420 full- and part-time jobs. $26 inillion in
einployee compensation. $51 million in value added and nearly $208 inillion in output.
Application Appendix at 74-75; Application Appendix Ex. 22. He estimated the total
econoinic impact for West Virginia to be inore than $800 inillion during construction and
inore than $280 inillion annually during operation. Application at 3.
4

 11.

PROCEDURAL HISTORY

Initial Public Notice and Coinment Letters
Moundsville Power published the Notice of Filing of its application on July 15,
2014, in The Moundsville Daily Echo (Marshall County) and 011 July 21, 2014, in The
Charleston Gazette (Kanawha County). Affidavits of Publication (filed July 2 1, 20 14 &
Aug. 4, 2014).
The Coininission received 444 letters and postcards in support of the Project,
including letters froin the Marshall County Chamber of Commerce, the West Virginia Oil
and Natural Gas Association, the International Brotherhood of Electrical Workers Local
Union #141, and the Wheeling Joint Apprentice and Training Committee. No letters or
case file generally.
coininents in opposition to the Project were filed.
Waiver of Certain Filing Requirements; Interventions
On September 5, 20 14, the Coininission granted Moundsville Power's request for
a waiver of certain certificate application filing requirements. Because the Coininission's
jurisdiction, by law, is liinited regarding the operations of the Project, the Cominission
did not require Moundsville Power to file information that relates to the traditional public
utility inodel under which the Coininission examines extensive financial inforination to
establish rates for service based on the cost to the utility to provide that service. Coinin'n
Order at 7-8 (Sept. 5 , 2014).
Also on September 5, 2014, the Cominission granted the petitions to intervene of
the West Virginia State Building and Construction Trades Council, AFL-CIO (Trades
Council) and the Independent Oil and Gas Association of West Virginia, Inc. (IOGA).
Id. at 6, 8.
Motion for Protective Treatment
Siting Rule 3.1.1.2 requires applicants to file certain financial statements for each
year of the start-up phase and for the first five years of operation, and these financial
stateineiits inust disclose all assumptions. On July 3, 2014, Moundsville Power filed a
redacted public version of the required financial data along with a confidential version of
the saine under seal. On July 10, 2014, Moundsville Power filed a Motion for Protective
Order. which the Coinmission granted. Comin'n Order at 7-8 (Sept. 5 , 2014).
View by the Coininission; Public Coininent Hearing
On November 19, 2014, the Cominission conducted a View of the project area
with representatives of Coininission Staff, Trades Council and Moundsville Power. The
View began at 1:30 p.in. at the Marshall County Courthouse and lasted about three hours
with stops at these Viewpoiiits:
5

 1.
2.
3.

4.
5.
6.
7.
8.
9.

Grave Creek Mound and West Virginia Penitentiary
Grand Vue Park
Moundsville Power Plant Site
Moundsville Country Club
Washington Lands Elementary School
Historic 1920s Residence
Washington Lands United Methodist Church
Washington Lands Subdivision driving tour
AEP Washington Substation

At each Viewpoint, the parties were told in which direction they were looking
(Le., toward Moundsville, toward the Facility, etc.), the relative elevations of the viewing
location and the Facility, and where the Facility would be located in relation to the
Viewpoint. At the plant site, the locations of the various pieces of equipment and
buildings were shown. The Coininission and Staff asked clarifying questions about the
Viewpoints, but none of the questions addressed the merits of the Project. A court
reporter was not present during the View, and the Commission traveled in a separate
vehicle from the parties.
Moundsville Power published notice of the public coininent hearing on Noveinber
6, 2014, in The Moundsville Daily Echo (Marshall County) and The ChaPleston Guzette
(Kanawha County). Affidavits of Publication (filed Nov. 14, 2014).
After the View, the Coininission conducted a public coininent hearing at 6 p.m.
Noveinber 19, 20 14, at the Marshall County Courthouse in Moundsville, West Virginia.
Two individuals spoke in favor of the Project. No one spoke in opposition to the Facility.
Pre-filed Testimonv

On September 11, 20 14, Moundsville Power pre-filed the Direct Testimony of the
following witnesses :
1.
2.
3.

4.
5.
6.
7.
8.

John P. Black - engineering, contracting, regulatory and permitting
(App 1i cant Ex. JPB -D);
Andrew W. Dorn, Jr. - history of and need for the Project and suitability of
the Site (Applicant Ex. AWD-D);
Matthew J. Dorn, CPA - Project financing, PILOT and lease agreement
with Marshall County Coininission (Applicant Ex. MJD-D);
David Mark Kiser, P.E. - traffic (Applicant Ex. DMK-D);
Laidley Eli McCoy, Ph.D. - hydrology (Applicant Ex. LEM-D);
Karri Rogers - viewshed (Applicant Ex. KR-D);
Tom S. Witt, Ph.D. - economic impact (Applicant Ex. TSW-D); and
Jessica L. Yeager, M.S. - environmental and noise (Applicant Ex. JLY-D).
6

 On October 2, 2014, Trades Council pre-filed the Direct Testimony of its
witnesses :

1.
2.

Steve White - local worker impact and agreement (AFL-CIO Ex. SW-D);
and
Michael Jin - Project economic impacts (IMPLAN study) (AFL-CIO Ex.
MJ-D).

On November 6, 20 14, Staff pre-filed the Direct Testimony of its witnesses:
1.
2.
3.
4.

Josh Allen - financial review (Staff Ex. JA-D);
Eric F. deGruyter - natural gas issues (Staff Ex. EFDG-D);
Karen A. McClure - engineering and environmental review (Staff Ex.
KAM-D); and
Donald E. Walker - engineering and technical review (Staff Ex. DEW-D).

On December 2, 20 14, Moundsville Power pre-filed the Rebuttal Testimony for
tm7o witnesses:
1.
2.

John P. Black, P.E. - responding to certain Staff conditions and providing
some clarifications (Applicant Ex. JPB-R); and
Andrew W. Dorn. IV - the natural gas arrangements for the Facility
and responding to certain Staff conditions (Applicant Ex. AWDIV-R).
Joint Stipulation

On December 2. 2014, Moundsville Power, Staff, Trades Council and IOGA filed
a Joint Stipulation and Agreement for Settiement (Joint Stipulation), in which they
recommended the Commission grant Moundsville Power a Siting Certificate, subject to
certain conditions. Joint Ex. 1 (Tr. at 21, Dec. 9, 2014). They recommended the text for
the proposed conditions and asked the Conmission to approve the June 27, 2014
Memorandum Agreement between Moundsville Power, the Upper Ohio Valley Building
and Construction Trades Council, AFL-CIO and the Building Trades, which Moundsville
Power and the Trades Council represented and agreed will cover the Project. Joint Ex. I
at 4-8.
Evidentiary Hearing

1

On November 26, 20 14, Moundsville Power published notice in The Moundsville
Daily Echo (Marshall County) and in The Charleston Gazette (Kanawha County) of the

 The evidentiary hearing was concluded in one day. The parties elected not to file
briefs and agreed to prepare a proposed Order. Tr. at 68 (Dec. 9, 2014). The proposed
Order was filed for the Commission to consider on January 27, 20 15.
In this case, the Commission has conducted a View of the Project area and
reviewed the two-volume Siting Certificate application and 16 pre-filed direct and
rebuttal testimonies with exhibits consisting of more than 500 pages of record evidence.
The Cominission also conducted a public comment hearing that resulted in a 19-page
transcript and an evidentiary hearing that resulted in a 70-page transcript and hundreds of
pages of exhibits. References to the pre-filed direct and rebuttal testimonies are cited to
the page number of those testimonies and the exhibit identification that appears in the
evidentiary transcript.

111. DISCUSSION OF ISSUES AND EVIDENCE
A.

Statutory and Regulatory Tests

W. Va. Code 5 24-2-1 lc(c) states:
In deciding whether to issue, refuse to issue, or issue in part or refuse to
issue in part a siting certificate, the commission shall appraise and balance
the interests of the public, the general interests of the state and local
economy, and the interests of the applicant. The coinmission may issue a
siting certificate only if it determines that the t e r m and conditions of any
public funding or any agreement relating to the abatement of property taxes
do not offend the public interest, and the construction of the facility or
material modification of the facility will result in a substantial positive
impact on the local economy and local employment. ’The commission shall
issue an order that includes appropriate findings of fact and conclusions of
law that address each factor specified in this subsection. All material terms,
conditions and limitations applicable to the construction and operation of
the proposed facility or material modification of the facility shall be
specifically set forth in the commission order.
The Coininission views the statute as setting forth a two-part balancing test that
the Cominission inore k l l y explained on page 102 of our June 26, 2006 Order that
partially and conditionally approved a coal-fired electric wholesale generation facility in
Longview Power LLC, Case Number 03- 1860-E-CS:
In Part One of the analysis, the Coininission will perform its duty to
appraise and balance: (a) an applicant’s interest to construct an electric
wholesale generation project; (b) the State’s and region’s need for new
electrical generating plants; and (c) the economic gain to the State and the
local economy, against: (i) coininunity residents‘ interest in living separate
and apart froin such facility; (ii) a community’s interest that a facility’s
8

 negative impacts be as miniinally disruptive to existing property uses as is
reasonably possible; and (iii) the social and environmental impacts of the
proposed facility on the local vicinity, the surrounding region, and the
State.
The Commission perforins Part Two of its analysis only if it determines in
Part One that, taken as a whole, positive impacts relating to the various
interests outweigh the negative impacts on the various interests. (See W
Vu. Code 5 24-2-11c(c)). In Part Two the Commission decides whether a
project's public funding, if any, and property tax abatement, if any, offends
the public interest. ( W Va. Code fj 24-2-1 lc(c)).
See Beech Ridge Energy LLC, Case No. 05-1590-E-CS, Coinm'n Order at 75 (Aug. 28,
2006) (granting approval of electric wholesale generating facility and transmission line,
with conditions); Beech Ridge Energy I1 LLC, Case No. 12-1 196-E-CS, Comm'n Order
at 10-11 (June 19, 20 13) (granting approval of electric wholesale generating facility, with
conditions).
Within the second half of Part One, the Coinmission considers issues such as the
proposed plant's impacts on viewshed, wildlife, ambient sound levels and water
resources. AES Laurel Mountain LLC, Case No. 08-0109-E-CS, Comm'n Order at 9
(Nov. 26, 2008); AES New Creek LLC, Case No. 08-2105-E-CS, Coinin'n Order at 9
(Sept. 30, 2009).
B.
1.

Application of Pai-t One of the Balancing Test

Part One (a) -- The Interest of Moundsville Power to Construct the Project

Moundsville Power asserted that it has assembled a team of experienced and
diversc professionals to thoroughly study and develop this Project and has secured an
appropriate site for the Facility in an area where there will be a shortage of electric supply
resulting froin planned retirement of existing coal fired plants in the Ohio River valley.
Moundsville Power entered the PJM project queue in March 2013, became a inember of
the PJM Interconnection in early 2014 and has completed the PJM feasibility study and
the system impact study. Applicant Ex. AWD-D at 5 , 6 & 8. Moundsville Power has
received its West Virginia Department of Environmental Protection (WV DEP) Air
Permit; completed its United States Fish and Wildlife Service (USFWS) Section 7
Consultation, West Virginia Department of Natural Resources Lands Inquiry and State
Historic and Preservation Office Phase I archaeological survey; and is actively working
with other agencies to obtain necessary perinits for the Project. Applicant Ex. JPB-D at
34-41; Applicant Ex. JLY-D at 2-5; Tr. at 25-26. Moundsville Power submitted a
comprehensive application for the Project that included the required technical reports,
mapping and studies. See Application, Appendix & Appendix Exhibits 1-26.

9

 I

Based on our review of the evidence, the Commission concludes that Moundsville
Pow-er has demonstrated a sufficient interest in constructing the Project. Moundsville
Power has a legitimate business purpose in undertaking the Project and has retained
various technical experts and developed detailed information in support of its application.
Moundsville Power has expended substantial time and economic resources to apply for a
Siting Certificate and to obtain various other perinits, agreements and real property
interests necessary to construct and operate the Project. Applicant Ex. AWD-D at 4-6 &
11. Further. Moundsville Power has committed to working in conjunction with the
Commission and other state and federal agencies. All of these facts show that
Moundsville Power has a serious and sincere interest in constructing the Project.
2.

Part One (b) -- The Need for Generating Plants in the State and Region

Moundsville Power asserted that it will provide clean, low cost and reliable
electricity to help offset the effect of coal plant closings and support local electric load
balancing. In close proximity to the Project, five power plants have closed or are
scheduled to close by 2015. representing a loss of approximately 3,870 MW of
generating capacity along the Ohio River between Point Pleasant and Wheeling, West
Virginia: AEP’s Kammer Plant located outside of Moundsville; FirstEnergy’s R.E.
Burger Plant near Shadyside, Ohio; AEP’s Muskingum River Plant in Beverly, Ohio;
FirstEnergy’s W i l l o ~Island Power Station in Will0~7Island. West Virginia; and AEP’s
Philip Sporn Plant in New Haven, West Virginia. Application Appendix at 3.
Moundsville Power will fund significant capital upgrades to existing infrastructure as
required through the PJM interconnection process. Tr. at 37. Moundsville Power also
asserted that the Facility will be the first in the state to target West Virginia‘s significant
natural gas production, processing and transinissioii infrastructure for electric power
production and will allow local producers to transport significant additional amounts of
natural gas and ethane on an annual basis. Application Appendix at 13.
The federal Energy Information Administration, in the Annual Energy Outlook for
2014 released in April 2014, increased its projection for coal-fired power plant closures
to 60 gigawatts (GW) by 2020, with 90 percent, or 54 GW, occurring by 2016 mainly
because of enforcement of federal Mercury and Air Toxics Standards (MATS). MATS
requires fossil-fuel steam electric generators with capacity exceeding 25 MW to meet
limits based on maximum achievable control technologies to control emissions of acid
gases, toxic metals and mercury by April 2015, and it appears likely that one-year
extensions will be granted to April 2016. Related to MATS, AEP has announced that it
will close 7,176 MW of coal-fired generation by 2016 and FirstEnergy has announced
that it will close 5,429 MW of coal-fired generation by 2015. Application Appendix at
13.
Monitoring Analytics, the independent market inonitor for PJM, produces
quarterly and annual State of the Market reports to comment on issues facing PJM. The
quarterly report for January through June 2014 (issued on August 14: 2014) states that
25,902.2 MW are planned to be retired through 2019 because of the MATS regulations,
10

 all but 2,050.5 MW u7ill be retired by the end of 2015, and 77.4 percent of the retirements
will be from coal-fired plants. The AEP zone accounts for 6,024 MW or 23.6 percent of
the total PJM retirements, Applicant Ex. JPB-D at 8. These retirements do not take into
account the effects of the federal Environmental Protection Agency's Cross-State Air
Pollution Rule or Clean Power Plan. Furthermore, the quarterly report notes that of the
90,597 MW of coal-fired steam powered generation in PJM, 84 percent is older than 30
years, which suggests additional retirements will be seen as plants near the end of their
useful lives. Moundsville Power asserted that additional future retirements, triggered
either by environmental requirements or the age of generation in PJM, will create a
significant need for additional generation in the region. Id.
Moundsville Power asserted that the availability of local fuel supply will allow the
Facility to function as a base load h l l y dispatched generating facility to help meet the
electric service demand in the PJM region. The Facility will help diversify the power
mix in the State and increase utilization of a natural resource produced in West Virginia.
Application Appendix at 1. At full capacity, the Moundsville Power plant will deliver
about 4,700,000 MWh to the grid annually. The plant will generate enough electricity to
power approximately 325,000 homes annually. Id.at 16-17.
Moundsville Power noted that the Commission has regularly stated that West
Virginia is part of a regional integrated electricity grid. Beech Ridge, Case No. 05-1590E-CS, Comm'n Order at 76, Aug. 28, 2006 (Concl. of Law 14: "[Ilt is not in the public
interest for this Commission to isolate West Virginia from the region. The power grid is
interconnected. and to safeguard the availability of productive. well-maintained resources
to our State's residents, West Virginia must participate in the interconnected electric
systein."). See also Pinnacle Wind Force, LLC, Case No. 09-0360-E-CS, Comm'n Order
at 51 (Jan. 11, 2010) (Concl. of Law 9); Beech Ridge Energy I1 LLC, Case No. 12-1196E-CS, Comm'n Order at 42 (June 19, 2013) (Concl. ofLaw 9).
The Coinmission believes that it is in the public interest to develop diversified
sources of fuel to generate electricity, including alternative sources such as natural gas and
natural gas by-products; additional generation capacity is needed to meet PJM's projected
load forecast in light of the many coal-fired plant closures; it is in the public interest for West
Virginia to participate in the interconnected electric system; and Moundsville Power's base
load combined cycle power plant will assist in meeting the daily demand for electric service.
For all of these reasons, the Commission concludes that Moundsville Power has
demonstrated sufficient need for this Project.
3.

Part One (c) -- The Economic Gain to the State and Local Economy

Moundsville Power engaged Witt Econoinics, LLC to assess the economic impact
of the Project on the state and local economies. Using 2013 dollars, Mr. Witt concluded
that during construction, 3,026 job years and $191 million in employee compensation are
associated with the plant. Other construction-related economic impacts include value
added of $227 million and output of $400.2 million. Application Appendix Ex. 22 at 5;
11

 Applicant Ex. TSW-D at 4. During the first year of operation the plant will be associated
with more than 420 jobs and $26 inillion in employee payroll. Additionally, annual
operating economic impacts include value added of $50.9 inillion and output of $208.1
million dollars. Application Appendix Ex. 22 at 6; Applicant Ex. TSW-D at 5.
Moundsville Power intends to employ 30 permanent workers at the Facility upon
commencement of operation. Application at 3; Tr. at 30, 46.
Under the PILOT agreement, Moundsville Power will pay $4,200,000 over a 30year term to Marshall County, and under the Lease Agreement, Moundsville Power will
make annual payments for 30 years totaling about $39,292,865 under the basic rent
schedule, along with a $970,000 upfront payment. Application Appendix at 71, 75;
Application Appendix Ex. 20; Applicant Hearing Ex. 2. Current ad valorem tax
payments generated by the vacant site are about $2,500 annually. Applicant Ex. MJD-D
at 12. Moundsville Power also will pay corporate income tax during the years of
operation. Applicant Ex. MJD-D at 13.
Staff witness Allen testified that the PILOT and Lease Agreements will generate
approximately $34.4 to $43.4 million in new revenues during the 30-year period and
Marshall County and West Virginia will secure about $285 million annually, or more
than $8 billion, over 30 years in positive economic benefit. Staff Ex. JA-D at 3.
Trades Council witness White testified that the Upper Ohio Valley Building and
Construction Trades Council, AFL-CIO and the Trades Council have entered into a
Memorandum Agreement with Moundsville Power, which ensures to the greatest extent
reasonably possible that the Project construction workers will be local workers. Mr.
White further testified that, upon review of Moundsville Power’s inanpower estimates
and based on his experience with other power plants, more than 1 million craft worker
hours will be needed to construct the plant. Mr. White asserted that the size of the project
and the amount of construction employment needed will have a substantial positive
impact on the local economy and local employment. Coiistructioii Trades Ex. SW-D at 2.
Trades Council witness Jin completed an IMPLAN Economic Study and, based on
the information provided by Moundsville Power, he estimates that construction of the
Project on an annualized basis will create 206 full-time equivalent jobs in construction
and 298 in other industries for a total of 504 jobs for the West Virginia economy
annually. The entire construction project will create 1,344 jobs for West Virginia.
Construction Trades Ex. MJ-D at 6. His study also indicated that plant construction will
generate $55.4 inillion in wages for workers and $9.9 million in state tax revenues
annually. Mr. Jin concluded that the construction will result in a substantial positive
impact on the local economy and local employment and positively impact the state
economy through a substantial increase in sales, taxes, business activities and jobs. Id.at
6-7.

12

 Based on the record before the Commission, it is reasonable to conclude that there
will be a significant economic gain to both the state and local economies during the
construction and operation of the Facility. The Moundsville Power Project will create
significant numbers of local construction jobs and permanent jobs thereafter and will
provide significant revenues for local governments and public education.
4. Part One (i) -- Community Residents’ Interest in Living Separate froin the Project
Part One (ii) -- The Project’s Negative Impacts be Minimally Disruptive to Existing Uses
Part One (iii) -- The Project’s Social and Environmental Impacts
Parties in Siting Certificate cases often differ on whether aspects of the Project
involving viewshed, noise, traffic, and water result in negative social and environmental
impacts, and if so, whether those impacts are miniinally disruptive to the local residents and
will allow those residents to live separate and apart froin the impacts of the Project. While
the Commission weighs each of the considerations listed above when assessing the
coininunity concerns, an overall analysis is more helpfbl and reflective of the approach taken
by the Commission in prior siting certificate orders. The Coininission analysis, therefore,
will be presented in a comprehensive fashion.
In this case, no protests were filed and no person voiced any opposition to the Project
at the public hearings conducted in this matter.
(a)

Viewshed

The approximately 37-acre Project site is located about three miles south of
Moundsville, bounded by West Virginia Route 2 on the east, the Moundsville Country Club
golf course on the south, the Williams Ohio Valley Midstream Fractionation Plant on the
north and remaining portions of the Honeywell Superhnd site on the west. Applicant Ex.
JPB-D at 4. The plant will occupy about 17 of the 37 acres. Application Appendix at 18.
The Washington Lands community is across West Virginia Route 2 on a slope rising
from the highway. The closest homes are about 400 feet away froin the proposed plant and
are generally at elevation 743 feet above mean sea level. The elevation of the plant site b17ill
be at 717 feet, or some 26 feet lower than the ground surface at the closest residences. The
earthen slope from the plant grade to the highway will provide a partial visual and noise
barrier between the Facility and Washington Lands. Applicant Ex. JPB-D at 8-9; Tr. at 35.
Only two types of plant structures will be taller than 100 feet: the two heat recovery
steam generators are approximately 110 feet in height and the t ~ 7 oHRSG stacks are about
180.5 feet in height. Many of the other structures are less than 40 feet in height. Application
Appendix at 52.
With its application, Moundsville Power submitted a Visual Resource Assessment,
consisting of a narrative evaluation, composite viewshed maps and photo simulations.
Application Appendix Ex. 17. The Visual Resource Assessment illustrates the potential
13

 visual impact of the Facility for radii of one, five and twenty miles under both bare earth and
mature cover scenarios. Visibility of the Project beyond 11 iniles was not detected under
either scenario. Of the approximately 325,954-acre study area, only 0.9 to 1.0 percent, or
2,829 to 3,268 acres, will have some visibility of the Project. Application Appendix Ex. 17
at 9. 12.
According to the assessment: visibility is limited by the geographic location of the
Facility in the Ohio River Valley bottom, low elevation and tree cover in the surrounding
area. A 1,200-foot high ridge between Moundsville and the plant shields the Cities of
Moundsville and Glen Dale froin any view of the Project. The airports in Marshall County
and Wheeling also will have no visibility of the Facility. Id.at 12; Tr. at 42. No state parks,
national wildlife preserves, state refuges, state wildlife management areas, national
landmarks, national parks, national recreation areas, scenic rivers, scenic highways, or other
sensitive features have visibility of the Project. Application Appendix Ex. 17 at 8.
The assessment also provided a three-dimensional view of the Facility from five
project views most evident to the public after construction -- the Washington Lands
coininunity (between the rows of houses on Tracey Lane), the Washington Lands Church,
the Washington Lands Elementary School, a historic Washington Lands Home and the
Moundsville Country Club. Id.at 11- 12, Figures 22A-26B. Overall visibility from these
five locations is minor, and in many cases tree cover and vegetation will act as a screen. Id.
During the first half of the construction schedule, most work will be performed on
ground level tasks, and other than the immediate area of Washington Lands, there will be no
visibility of any magnitude. When construction cranes are in place: areas within the one-inile
radius will begin to have visibility, and as the 180-foot stacks are constructed, visibility will
mirror the views that will exist during operations.
at 12.
i-

a.

Moundsville Power will file a Federal Aviation Administration notice of height
and location of cranes and stacks. Moundsville Power does not expect that a notice of
aviation hazard will be issued, but flags and warning lights may be required. Applicant
Ex. JPB-D at 39.
In the 2.6-acre area between the Facility and West Virginia Route 2, Moundsville
Power m7ill plant a mixture of native deciduous trees, evergreens and shrubs as a visual
barrier for the Washington Lands cominunity. Applicant Ex. JPB-D at 5-6.
During the View, the Coinmission observed that the Project site and surrounding area
have been, and continue to be, very industrial; the Cities of Moundsville and Glen Dale will
have no view of the Project; and views of the Facility in the Washington Lands area will be
limited. While the tops of the HRSG stacks will be visible from various locations very near
the Project, after reviewing the evidence and conducting the View, the Commission
concludes that there will be no interference with existing scenic or aesthetic uses and there
will be no adverse effect on the scenic character of the land within the viewshed of the
Project. The Coimnission concludes, therefore. that the impact of the presence of the Project
14

 and view of the Project will be minimally disruptive to the community and neither
unreasonable nor burdensome.
(b)

Sound

Numerous factors affect sound levels from electric generation projects, including the
type of generation equipment, layout (general arrangement), building design, weather,
ground cover, distance, ambient noise, leaf and foliage cover, elevation and wind direction.
As required by Siting Rule 3.1 m.4, Moundsville Power submitted a Noise Study that
evaluated pre-construction, construction and operational noise levels. Application Appendix
Ex. 25. Potesta & Associates, Inc. reviewed the proposed site drawings, equipment
information and Commission noise study guidelines, observed ambient conditions and
collected noise data for ten days in November 2013 at four monitoring locations in the
vicinity of the Facility: Washington Lands Church, Moundsville Country Club, Tracey Lane
and Woodland Knolls Apartments. Application Appendix Ex. 25 at 10-1 1; Tr. at 43. Other
residential areas north of the Project are separated from the Project by a ridgeline.
Noise levels are generally considered low when ambient levels are below 45
decibels (dBA), moderate in the 45 to 65 dBA range, and high above 65 dBA. Typical
Day-Night Sound Level (Ld,)4 values might be 35 dBA for a desert wilderness area, 50
dBA for a small town or wooded residential area, 65 to 75 dBA for a major metropolis
downtown, and 80 to 85 dBA near a freeway or airport. Application Appendix Ex. 25 at 3.
1.

Pre-Construction Noise

Potesta's pre-construction assessment indicated that road noise from West Virginia
Route 2 was prevalent at three of the four monitoring locations, including during the
evening hours. Other sources of noise included the Washington Substation, the Williams
Fractionation Plant, and river and rail traffic. The study indicated that ambient noise
levels from West Virginia Route 2 likely dominate at nearby homes, the Moundsville
Country Club and the Washington Lands Elementary School.
A less coininon measure of sound is the C-weighted value (dBC) which has a
flatter filter than the A-weighted filter and allows inore low frequency noise to be
measured. The Potesta study stated that C-weighted measurements are more appropriate
for estimating potential vibration and potential annoyance when low-frequency noise
effects are anticipated. Id.at 5.
During the daytime, ambient noise levels at the Washington Lands Church
monitoring location range from 65 to 80 dBC. The evening and nighttime levels are not
substantially lower than daytime, being 62-72 dBC. Applicant Ex. JLY-D at 5.
4

The Day-Night Average Sound Level (Ldn),expressed in decibels, is a 24-hour average noise
level used to define the level of noise exposure on a community. The Ldnrepresents the average sound
exposure during a 24-hour period and does not represent the sound level for a specific noise event.

15

 2.

Construction Noise

The Noise Study also assessed the operation of earth moving equipment, driving
of piles, erection of structures, truck or other traffic, and installation of Facility
equipment. No dynamiting activities are expected to occur and major construction will
not take place at nighttime. The modeling used a very conservative method by assessing
inaxiinuin noise possible if all construction equipment operated at the same time at one
location, resulting in a maximuin noise value that will never occur. Because the
construction site is lower than trees, the adjacent road and area structures, the Potesta
study estimated that most locations near the plant will have at least 10 decibels of
shielding and any potential increase in ambient noise levels during construction should be
very minimal. Applicant Ex. JLY-D at 6; Tr. at 43. The placement of various physical
elements at the site, the selection of inaterials for building walls and insulation, the
installation of permanent mitigation techniques to lessen noise during start-up and
commissioning. and the scheduling of the loudest activities to occur during daylight
hours will also be employed by Moundsville Power. Further, trucks and cranes will have
noise mitigation equipment, idling time of large trucks will be minimized during the
construction period, and Moundsville Power will install two rows of trees on the Facility
side of West Virginia Route 2 as soon as practically possible to increase potential
shielding. Applicant Ex. JLY-D at 6.
The Potesta study stated that the Washington Lands cominunity is very familiar
with construction noise related to industrial facilities, as evidenced by the recent
expansion of West Virginia Route 2, ongoing construction of the Williams Fractionation
Plant and similar facilities and activities. The area also has experienced the construction
activity associated with the development and operation of the Hanlin-Allied-Olin site,
and its eventual decoininissioning and reclamation. Application Appendix Ex. 25 at 4 1.
Based on the evidence presented, the Coininission concludes that noise levels
associated with construction activities would cause only a minimal increase in sound
exposure to the surrounding residential cominunity.
3.

Operational Noise and Noise Mitigation Measures

Operational noise was evaluated using both the Day-Night Sound Level (Ldn)and
the Community Noise Level Equivalent (CNEL).’ Noise levels were modeled at set
distances ranging from 50 to 6,400 linear feet from the boundary or perimeter of the
power plant site. Applicant Ex. JLY-D at 6. Measuring noise at the boundary of the
power plant provides higher noise estimates because such measurements do not take into
account that several of the noise-generating features will be shielded from the residential
coininunity by the administrative office building. Id.at 41-42; Tr. at 44. Noise froin the
5

The CNEL is a noise index that accounts for the greater annoyance of noise during the evening
and nighttime hours. Applicatioii Appendix Exhibit 25 at 7.

16

 power plant operations was evaluated using a very conservative model that assumed the
maxiinuin sound level for all equipment combined. Application Appendix Ex. 25 at 41.
The Potesta study found that the closest residences are within 350 feet of the
Project boundary and about 400 feet from the Facility. With 5 dB of shielding from the
Facility, these residences would have Ldll values that range froin 68.3 dBA to 70.8 dBA,
or values which are within the ambient noise levels. Homes can attenuate noise up to 27
dB with an average of 25 dB so the resulting indoor Ldll value would be 43.3 dBA to 45.8
dBA, values that are protective of sleeping residences. Applicant Ex. JLY-D at 5 , 7. Ms.
Yeager testified that even these values are conservative because Moundsville Power’s
noise mitigation efforts are expected to provide about 10 db of shielding. Id.at 6.
Moundsville Power will plant trees along the Facility side of West Virginia Route
2 and has offered to plant trees along Washington Lands‘ border of Route 2. The trees
will dampen and buffer noise. Additionally, Moundsville Power will place an acoustic
shell over the steam turbine and position non-noise structures between noise-generating
equipment and the coininunity. Id. at 7; Tr. at 44.
Having reviewed the evidence presented, the Commission concludes that the
Project will not substantially increase ambient noise levels in the area. The Coininission
finds that the ambient sound levels will remain relatively similar and to the extent that
construction or operation noise results in negative impacts, those negative impacts are
expected to be as miniinally disruptive to existing property uses as is reasonably possible
and are not unreasonable.
(c)

Air

The Facility has the potential for air emissions from several components, and
Moundsville Power has obtained an Air Perinit froin the WV DEP, Division of Air
Quality. Application Appendix at 8, 24; Tr. at 23, 25.
(d)

Water Requirements

The Facility will have a dedicated intake installed on the bank of the Ohio River.
River water will be treated to reduce total suspended solids so that it may be used as the
plant’s cooling tower make-up water. Solids froin the river water will be thickened and
dewatered using a filter press or similar technology and disposed of in a permitted offsite
landfill. Recovered water from the filter press will be used in the project or recycled in
the treatment process. Application Appendix at 26.
Process water at the plant \17ill consist primarily of cooling tower blowdown and
oil water separator effluent. Following treatment, the Facility will discharge about 209
gallons per minute of treated water into the Ohio River. Some treated water will be used
onsite to maintain trees and plants in the green spaces and for other non-consumptive
uses in accordance with the Facility discharge permits. Id.
17

 During construction, the plant will receive water froin Marshall County PSD #2
for drinking and sanitary uses, fire control and dust suppression. Drains froin plumbing
fixtures will be collected in a sanitary sewer systein and pumped to an existing Marshall
County Sewerage District line. It is estiinated that 3,000 gpd of water will be utilized for
plant operations. JcJ.
Moundsville Power asserted that it will obtain all required permits from the
Department of the Army, U.S. Army Corps of Engineers and WV DEP as necessary for
work related to Project water requirements. a.at 6-8.
(e)

Hydrology

Potesta also prepared a Surface and Groundwater Resources Report. Application
Appendix Ex. 19. The Facility will not consuine groundwater and will not affect current
water table levels. The proposed water deinand froin the Ohio River is 1,800 gallons per
miiiute, which is less than 0.04 percent of the Ohio River's lowest recorded flow between
2003 and 2012. Application Appendix at 65. The report stated that no aquifers will be
affected by the Project, and there will be no injection of process waters into the ground.
Id. at 67.

(Q

USFWS and WV DNR

Moundsville Power initiated Section 7 consultation with USFWS, and USFWS
has made a "no-effect" determination, i.e., the Project will not affect federally-listed
endangered or threatened species. No biological assessment or further Section 7
consultation is required for the Facility. Application Appendix Ex. 23; Application
Appendix at 77.
Moundsville Power has completed a Lands Inquiry with WV DNR, and DNR has
indicated that the Project is not in the vicinity of any State species of concern or federally
listed threatened or endangered species. Application Appendix Ex. 24; Application
Appendix at 77.
(g)

Traffic

Using average daily traffic (ADT) inforination froin the West Virginia Division of
Highways, Potesta prepared a traffic study to assess the volume of pre-construction,
construction and post-construction traffic for public roads near the Facility. Application
Appendix Ex. 26.
The construction staging area will be west of West Virginia Route 2, just north of
the Moundsville Country Club. Access to the Site froin interstates will most likely be
froin Exit 1 off Interstate 470 (bypass) near Wheeling, then south along U.S. Route
18

 250/WV Route 2 through Moundsville, and continuing south along West Virginia Route
2 about 2.5 miles. Once unloaded, the trucks will return to the interstate using the same
route. Construction personnel likely also will enter and exit the Site using this route.
Application Appendix Ex. 26 at 2; Applicant Ex. DMK-D at 2-3.
Potesta concluded that the ADT during construction, including delivery trucks,
delivery vehicles and workers, would be estimated at 1,375 and would increase the ADT
along West Virginia Route 2 at the intersection of Solvey Road (access to the entrance
for the plant) by approximately 15 percent. Application Appendix Ex. 26 at 6.
Moundsville Power will employ mitigation techniques including upgrading the site's
access road; following West Virginia Department of Transportation requirements for
traffic route; coordinating heavy haul and oversize loads with the Marshall County
Sheriffs Department and Moundsville Police; complying with all WV DOT, Marshall
County and Moundsville requirements for oversized loads; providing advanced notice for
all major loads; and meeting WV DOT requirements specific to the area. Application
Appendix Ex. 26 at 6-7; Applicant Ex. DMK-D at 4. Further, Moundsville Power intends
to stagger worker shifts so all construction workers will not be coming into, and then
leaving, the site at the same time. Tr. at 45, 57. Moundsville Power will work with the
principal of the Washington Lands Elementary School so that construction traffic does
not interrupt or delay school bus traffic.
at 57.

u.

After construction is complete, Project traffic will be limited to operational and
maintenance vehicles. About 30 vehicles will enter and exit the site each day, which will
raise the ADT value along West Virginia Route 2 by approximately 90, which Potesta
concluded will not cause a noticeable impact. Moundsville Power's post-construction
traffk will be much lower than the amount of vehicle traffic associated with previous
chemical production facilities at the site. Applicant Ex. DMK-D at 4.
The Coinmission is satisfied that the Moundsville Power Project will not cause
any substantial problems or difficulties with respect to existing traffic patterns. During
plant operations, the ADT for the affected areas will only show a slight increase in traffic.
Accordingly, the Coinmission finds that the Project will not have a significant or
substantial impact on traffic in and around the Project area.
(h)

Area property values and local infrastructure

Moundsville Power asserts that it does not expect a negative impact on area
property values from the Project. The parcel is zoned industrial and was operated as a
chemical manufacturing facility from 1953 through 1991, and the area in general is
heavily industrial focused. Iininediately adjacent to the Facility is the Williams Ohio
Valley Midstream Moundsville Fractionator. Application Appendix at 75.
Moundsville Power does not anticipate any negative impacts to the local
infrastructure resulting from either the construction or operations of the proposed
Facilitjr. Local n-ater and seu.er utilities are already present in the area, and the Project's
19

 water and sewer demand will be far less than the demand of the previous chemical
manufacturing plant. Most water needed for operations will be withdrawn and returned
to the Ohio River. In addition, traffic increases from operations will be negligible and
during construction will be increased, but not in a significant way. Id.
The Coinmission is satisfied that the Project will not have a significant or
substantial impact on area property values and local infrastructure traffic in and around
the Project area.

5.

The Joint Stipulation and Project Conditions

In its Direct Testimony, Staff recommended conditions to a Siting Certificate.
Staff Ex. JA-D at 5 ; Staff Ex. DEW-D at 7, Ex. 2. In his Rebuttal Testimony,
Moundsville Power witness Black suggested clarifications and revisions to several of
Staffs proposed conditions. Applicant Ex. JPB-R at 3-9.
Moundsville Power, Staff, Trades Council, and IOGA conducted settlement
discussions and have proposed that the Coinmission adopt their Joint Stipulation. Joint
Ex. 1. The parties request that a Siting Certificate be granted to Moundsville Power
subject to these conditions:
a.

At least 30 days prior to beginning construction or any activity on a
particular component part of the Project, Moundsville Power shall
provide to Staff (but is not required to file) a copy of the detailed plans
for such particular component part.

b.

At least 30 days prior to beginning construction or any activity on the
Project, Moundsville Power shall file a verified statement that provides
proof that all permits, approvals, certifications, notices and consultations
required prior to the start of construction or activity have been obtained,
including the following:
1.
2.
3.

4.
5.

6.
7.
8.

Air Quality Permit
State Historic Preservation Office Approval
USFWS Section 7 Consultation
WV DNR Lands Inquiry
Department of the Army Encroachment Permit (wetlands
and jurisdictional waterways on property)
State 40 1 Water Quality Certification (wetlands and
jurisdictional waterways on property)
WV DNR Stream Activity Permit
Site Plan Approval, Grading Permit, Erosion and
Sediment Control Plan Approval

20

 c.

After filing the verified statement in Condition b above, and upon
Moundsville Power's construction of additional component parts of the
Project, Moundsville Power shall file, at least 30 days prior to beginning
construction or any activity on each component part of the Project, a
verified statement that provides proof that all permits, approvals,
certifications, notices and consultations required prior to the start of any
construction or any activity for such component part have been obtained;
provided, however, that some permits, such as the heavy haul and
building permits, are not available until immediately before the activity,
and they will be submitted as soon as practicable.

d.

Fuel for the Project will be delivered through a blending station and
pipeline to the plant, constructed, operated and owned by a third party
(the Pipeline Project). Prior to the beginning of construction on any
component part of the Pipeline Project, Moundsville Power shall file a
verified statement that provides proof that binding contracts are in place
for:

1.

Installation and construction of adequate natural gadethane delivery
points, including Federal Energy Regulatory Commission (FERC)
certificates, if required, for new delivery points on interstate
pipelines and/or ethane pipelines.

2.

Construction of appropriate natural gadethane blending facilities.

3.

Construction and operation of the pipeline necessary to deliver the
blended (or non-blended) fuel to the plant site, including all
necessary measurement and pressure regulation equipment.

4.

An adequate fuel supply

e.

The verified statement filed in connection with Condition d above shall also
provide proof that all options for, or rights of way, and all required permits
necessary for the construction and operation of such component part of the
Pipeline Project have been obtained.

f.

Moundsville Power shall file a copy of its Interconnection Agreement
between Moundsville Power and P JM before commencing construction.

g.

Moundsville Pourer shall plant in a staggered pattern along the West
Virginia Route 2 right of way, trees and shrubs, using native plants to the
extent possible, including White Pine, American Holly and Pitch Pine,
between six and eight feet tall, and underlying evergreen and densely
growing shrubs (Black Haw, Witchhazel, Spicebush and Eastern Wahoo)
between one and three feet tall. Moundsville Power may use some native
deciduous trees (such as Red Maple, Sugar Maple, Big Tooth Aspen,
21

 Northern Red Oak, White Oak, Shellbark Hickory and River Birch)
between six and eight feet tall for variety and seasonal variation.
Approximately 200 trees and 100 shrubs will be planted.
h.

Care of the trees and shrubs shall be incorporated into the operations and
maintenance plan for the site. Any tree or shrub that does not survive will
be replaced in kind.

i.

Moundsville Power shall conduct plant coininunications via telephone or
two-way radio and not via a public address system.

j.

Moundsville Power, and its contractors, shall stagger the hours of
construction and operation to minimize the project's impact on traffic
conditions near the site, including school bus travel on West Virginia
Route 2.

k.

Moundsville Power shall provide a report by an independent expert on the
amount needed to decoininission the facility and post a Letter of Credit
(LoC), purchase a bond or surety, or place the present value of such an
amount in an escrow fimd prior to beginning operation. Moundsville
Power recognizes that the plant value far exceeds the decominissioniiig
costs in the first five years of its service life. Nevertheless, the initial LoC,
bond or surety, or escrow account shall be no less than $250,000 to cover
the cost of soliciting and engaging a decommissioning company.
The report shall be updated thereafter as mutually agreed between
Moundsville Power and the Marshall County Commission, but no less
frequently than every five years thereafter. The decommissioning fund
amount may vary over time depending on changes in the estimated market
or salvage value of the Project, the estimated cost of dismantling the plant
and the expected ongoing life of the project.
Moundsville Power will provide the report to the Marshall County
Commission and request its approval or concurrence of the evaluative
expert and each of the periodic reports. The decommissioning fund shall
not be part of Moundsville Power's assets.
Within 90 days of any report that requires a contribution to the
decommissioning fund, Moundsville Power k~7illincrease the LoC, or bond
or surety, or make that contribution into an escrow account held by an agent
pursuant to an escrow agreement between Moundsville Power and the
Marshall County Commission. Reductions to, or withdrawals from, the
decommissioning fund shall not be allowed sooner than 90 days after the
Marshall County Commission has been offered the opportunity to review
the report. The methods for deposits to and disbursements from the
22

 decommissioning fund shall be established within and governed by the
LoC, bond or surety, or escrow agreement. Furthermore, the LoC, bond or
surety, or escrow agreement must clearly reflect the role of the Marshall
County Commission and state that the obligations set forth in the agreement
applying to Moundsville Power, its successors and assigns.
Each report of the qualified independent third party will also be filed with
the Commission as a closed entry in this matter. The Coininission retains
the right to hire its own evaluative expert to review any of the periodic
reports and to take such further action within its jurisdiction as the
Coininission determines is necessary to protect the public interest.

1.

Moundsville Power shall file evidence of its exempt wholesale generator
(EWG) status froin the Federal Energy Regulatory Coinmission prior to
commencing commercial operation.

in.

The siting certificate shall become invalid if Moundsville Power has not
commenced a continuous course of construction within five years of the
date the final certificate is granted or has not completed construction by the
tenth year without petitioning the PSC for approval to expand these time
frames.

n.

If Moundsville Power seeks to transfer its Certificate, Moundsville Power is
required pursuant to Siting Rule 7.1 to noti@ the PSC in writing of the
identity of the transferee and submit an affidavit from the transferee
attesting to the transferee's willingness to abide by the t e r m of a siting
certificate, as issued. This condition applies at any time - not just in the
operational stage.

0.

The PSC directs Moundsville Power to operate the Project within the
representations and parameters established in the application and studies
included in the Application. If the Project does not operate within those
representations and parameters, the PSC may reopen the certificate for
hrther investigation upon receipt of a complaint, the request of Staff, or on
its own motion.

Joint Ex. 1 at 5-8.
Upon review of the Joint Stipulation, the Coininission finds that many of the
proposed conditions are typical in Siting Certificate orders. We recognize that
Moundsville Power has agreed to comply with all of the conditions in Joint Exhibit 1 and
conclude that the conditions are reasonable for this Facility.

23

 6.

Memorandum Agreement with the Trades Council

Moundsville Power, Staff, Trades Council and IOGA also agree that the
Coininission should approve the Memorandum Agreement dated June 27, 20 14, between
Moundsville Power, the Upper Ohio Valley Building and Construction Trades Council,
AFL-CIO, and the West Virginia State Building and Construction Trades Council, AFLCIO and make clear that the Commission anticipates that all representations and
coininitinents made by the parties will be kept. The Stipulating Parties also agreed that
the Coininission should make clear that its approval of the Memorandum Agreement does
not mean the Coininission is the proper forum to resolve any disputes that may arise froin
operating under the Memorandum Agreement. Joint Ex. 1 at 4-5.
The Commission has in previous siting cases approved the Memorandum
Agreement and ordered that *‘allrepresentations and coininitments made by the parties
therein be kept by the parties.” Mount Storin Wind Force, LLC, Case No. 01-1664-ECN, Coinin’n Order at 31 (Aug. 29, 2002). We see no reason to depart froin this
approach. We do note. as we have in the past, that approval of the Memorandum
Agreement by the Coininission does not mean the Commission is the proper forum to
resolve any disputes that may arise froin operating under the Memorandum Agreement.
C.

Application of Part Two of the Balancing Test

As is explained in Part One above, the Commission concludes that taken as a
whole, the positive impacts relating to the various interests outweigh any negative
impacts on the various interests in this matter.
W.Va. Code 5 24-2-1 IC. In Part Two
of the balancing test, the Commission decides whether a project’s public funding, if any,
and property tax abatement, if any, offends the public interest.
Moundsville Power provided documentation and testimony concerning the PILOT
agreement for this Project and the Lease Agreement that is required by the PILOT.
Application at 3; Applicant Ex. MJD-D at 7-9; Application Appendix at 71-72 and
Appendix Ex. 20; Applicant Ex. 2. All of the parties in the case agreed that the t e r m and
conditions between Moundsville Power and the Marshall County Commission relating to
the PILOT program do not offend the public interest and the construction and operation
of the Facility will result in a substantial positive impact on the local economy and local
employment. Joint Ex. 1 at 8. Based on the record, and the significant tax revenues and
other economic benefits that will accrue to Marshall County and the State, the
Coininission concludes that the PILOT and Lease Agreements do not offend the public
interest.
Thus, based on the entire record, the Coininission concludes that Moundsville
Power should be issued a Siting Certificate for this Project, subject to the conditions
adopted in this Order.

24

 IV.

FINDINGS OF FACT

1.
On July 3, 2014, Moundsville Power filed its application for a Siting
Certificate pursuant to W.Va. Code $5 24-2-1(c) and 24-2-11c to authorize the
construction and operation of a natural-gas fired, base load combined cycle wholesale
electric generating facility of approximately 549 MW in Marshall County, including an
approxiinately 5 00-foot 138 kV transinission line, interconnection facilities and other
necessary appurtenances as more particularly described in the application. See case file
generally; Application Appendix Exhibits 13- 15.
2.
The Moundsville Power plant will utilize state-of-the-art natural gas-fueled
electric generating equipment consisting of two coinbustion turbines that will drive two
combustion turbine generators (CTGs). The CTGs will be connected to two heat
recovery steain generators that will use exhaust heat from the coinbustion turbines to
generate high-quality, superheated steam. The steain will drive a single steam turbine
that will drive a steam turbine generator to generate electricity. Application Forin 2, at 2;
Application at 2.
3.
The Facility will also have cooling towers, a switchyard, a water treatment
building, a maintenance building and other associated auxiliary structures. Id.

4.
The Facility will receive blended fuel of 25 percent ethane and 75 percent
natural gas froin a dedicated pipeline that will be constructed and operated by a third
party under contract to Moundsville Power. Application Forin 2, at 2; Application at 3.
5.
Ethane, a natural gas by-product from processing local wet gas, usually is
transported to Louisiana for processing. Application Appendix at 4, 5, 14.
The fuel blend to be used by the plant is not available from local natural gas
6.
distribution companies, pipelines or natural gas suppliers. Id.

7.
Moundsville Power conducted multiple rounds of a competitive bid process
for a third party to design, permit, construct, own, and operate a single purpose pipeline
and fuel mixing station to provide he1 supply to the Facility. ADWIV-R at 6.
8.
The lowest proposal received was a joint bid from Vineyard Oil & Gas
Coinpaiiy and East Resources, Inc. Id.
9.
The Pipeline's priinary source for delivery of natural gas will be the Texas
Eastern Transinission pipeline (Tetco). &J. at 8.
10. The priinary source of ethane will be Blue Racer Midstream's Natrium
natural gas processing plant (BRM). Id.

25

 11. The new Pipeline will interconnect to Tetco and BRM about 5.5 miles
south of the Facility. Id.
12. The power generated by the Moundsville Power plant will be delivered to
the existing AEP Washington Substation located across West Virginia Route 2 via a
transmission line of approximately 500 feet in length. Application at 2; Application
Forin 2, at 3.
13. General Electric will manufacture the generation equipment and provide
preventative and on-call maintenance of it. Application at 2-3.
14. Moundsville Power will enter into a contract with a qualified engineering:
procurement and construction contractor to manage construction of the Facility and with
a qualified operation and maintenance firm with experience operating a GE combustion
turbine plant to operate, manage and maintain the Facility. Id.
15. The plant will be located on a 37.2-acre portion of the 382-acre AlliedHanlin-Olin USEPA Superfund Site that was previously the home of a chemical
manufacturing facility. Application Appendix at 3.
16. Upon completion, the Project will be used by Moundsville Power to
generate electricity exclusively for wholesale sales in the competitive market.
Application Form 2, at 2.
17. Construction of the Facility and the transmission line is estimated to cost
approximately $6 15 million. Application Form 2, at 2; Application Appendix at 70.
18. The Project funding will be a combination of equity and term B market
loans. Application Appendix at 70.
19. The total economic impact for West Virginia is estimated to be more than
$800 million during construction and more than $280 million annually during operation.
Application at 3.
On November 19, 2014, the Commission conducted a View of the Project
20.
area with representatives of Staff, Trades Council and Moundsville Power.
21.
the Project.

22.

The Coininission received 444 written letters and postcards in support of

See case file, generallv.
No letters or comments in opposition to the Project were filed.

a.

On December 2, 2014, Moundsville Power, Staff, Trades Council and
23.
IOGA filed a Joint Stipulation, in which they recoininended the Commission grant
26

 Moundsville Power a Siting Certificate, subject to certain conditions. Joint Ex. 1 (Tr. at
21, Dec. 9, 2014).
24.
On June 27, 2014, Moundsville Power, the Upper Ohio Valley Building
and Construction Trades Council, AFL-CIO, and the West Virginia State Building and
Construction Trades Council, AFL-CIO, entered into a Memorandum Agreement. Id.at
4-8.
25.
Moundsville Power has secured a site for the Facility in an area where there
will be a shortage of electric supply resulting from planned retirement of coal-fired
plants. Applicant Ex. AWD-D at 6-7.
Moundsville Power entered the PJM project queue in March 2013, became
26.
a member of the PJM Interconnection in early 2014, and has successfully completed the
PJM feasibility study and the system impact study. Id.at 8.
27.
Moundsville Power has received its WV DEP Air Permit; has completed its
USF WS Section 7 Consultation, West Virginia Department of Natural Resources Lands
Inquiry, and State Historic and Preservation Office Phase I archaeological survey; and is
actively working with other necessary agencies to obtain necessary permits for the
Project. Applicant Ex. JPB-D at 34-41; Applicant Ex. JLY-D at 2-5; Tr. at 25-26.
In close proximity to the Project, five power plants have closed or are
28.
scheduled to close by 2015, representing a loss of approximately 3,870 MW of
generating capacity. Application Appendix at 3.
The Facility will help support local electric load balancing through its new
29.
generation. Application Appendix at 13.
30.
Moundsville Power will fund significant capital upgrades to more than nine
miles of local power grid infrastructure. Application at 1.
3 1. The Project is located in the PJM power market. Application Appendix at
1; Applicant Ex. JPB-D at 7.
32.
The federal Energy Information Administration's Annual Energy Outlook
for 2014 projects that coal-fired power plant closures will total 60 gigawatts by 2020,
with 90 percent of the closures to occur by 20 16. Application Appendix at 13.
33.
Monitoring Analytics's Quarterly Market Report for January through June
2014 states that 25,902.2 MW are planned to be retired through 2019, with all but 2,050.5
MW retired by the end of 20 15. Id.
34. More than 77.4 percent of the retirements discussed by Monitoring
Analytics are coal-fired plants. Id.
27

 35. The AEP zone accounts for 6,024 MW or 23.6 percent of the total PJM
retirements. Applicant Ex. JPB-D at 8.
36. Additional coal plant retirements may result from requirements of the
federal Environmental Protection Agency’s Cross-State Air Pollution Rule or Clean
Power Plan. Id.
37.
Of the 90,597 MW of coal-fired steam powered generation in PJM, 84
percent is older than 30 years, which may lead to additional retirements as plants near the
ends of their useful lives. Id.
38. The Moundsville Power Facility will function as a base load fully
dispatched generating facility. Application Appendix at 1.
39.
When the Moundsville Power Facility is operating at full capacity, it will
deliver approximately 4,700,000 MWh to the grid annually. Id.at 16-17.
40.
Using 2013 dollars, $105 million per year of natural gas will be sourced
through long-term fuel agreements with West Virginia producers and processors; three>‘earconstruction period impacts will result in inore than 3,000 job years, $191 million in
employee compensation, $227 million in value added and $400 million in output; and
first hll-year of operation impacts will result in 420 full- and part-time jobs, $26 million
in employee compensation, $5 1 million in value added and nearly $208 million in output.
Application Appendix at 74-75; Application Appendix Ex. 22.
41.
Using 2013 dollars, the total economic impact for West Virginia will be
more than $800 million during construction and more than $280 million annually during
operation. Application at 3.
42. Moundsville Power will employ 30 permanent workers at the Facility upon
commencement of operation. Application at 3; Tr. at 30, 46.
43.
The PILOT and Lease Agreements will generate approximately $34.4 to
$43.4 million in new revenues during the 30-year period and Marshall County and West
Virginia will secure about $285 million annually, or more than $8 billion over thirty
years, in positive econoinic benefit. Staff Ex. JA-D at 3.
44.
More than one million craft worker hours m7ill be needed to construct the
Project, and that the size of the project and the amount of construction employment
needed will have a substantial positive impact on the local economy and local
employment. Construction Trades Ex. SW-D at 2.

28

 45.
The entire construction project will create 1,344 jobs for West Virginia and
that the construction will generate $55.4 million in wages for workers and $9.9 million in
State tax revenues annually. Construction Trades Ex. MJ-D at 6-7.
46.
The closest homes are about 400 feet froin the proposed plant and are
generally at elevation 743 feet above mean sea level. Application Ex. P B - D at 8-9; Tr. at
35.
47.
The elevation of the plant will be at 717 feet, or some 26 feet lower than the
ground surface at the closest residences. Id.
48.
The earthen slope from the plant grade to West Virginia Route 2 will provide a
partial visual and noise barrier between the plant and the Washington Lands Community. Id.

Only two of the Facility’s structures are taller than 100 feet: the two heat
49.
recovery steam generators will be approximately 110 feet in height and the two heat steam
recovery generator stacks will be about 180.5 feet in height. Application Appendix at 52.
50.

Many of the other Facility structures are less than 40 feet high.

Id.

51.
Within a 20-mile radius of the plant, only 0.9 to 1.0 percent (2,829 to 3,268
acres) will have some visibility of the Project. Application Appendix Ex. 17 at 9.
52.
A 1,200-foot high ridge between Moundsville and the plant shields the Cities
of Moundsville and Glen Dale froin any view of the Project. Id.at 12; Tr. at 42.

53, No state parks, national wildlife preserves, state refuges, state wildlife
management areas, national landmarks, national parks, national recreation areas, scenic
rivers, scenic highways or other sensitive features have visibility of the Project. Application
Appendix Ex. 17 at 8.
54. Moundsville Power has incorporated mitigation of view within its design
plan through the substantial planting of trees and shrubs in the 2.6-acre area between the
Facility and West Virginia Route 2. Applicant Ex. JPB-D at 5-6.

55. Moundsville Power will file a Federal Aviation Administration notice of
height and location of cranes and stacks. Applicant Ex. JPB-D at 39.
Moundsville Power does not expect that a notice of aviation hazard will be
56.
issued, but flags and warning lights may be required. Id.
The area where the Facility will be located is industrial, with the Williams
57.
Ohio Valley Midstream Fractionation Plant adjacent to the Project Site and the AEP
Washington Substation directly across West Virginia Route 2 and adjacent to the
Washington Lands community. Application Appendix at 75.

29

 58. The site is zoned industrial and was operated as a chemical manufacturing
facility from 1953 through 1991. Id.
59. Noise data was collected for ten days in November 2013 at four monitoring
locations in the vicinity of the proposed Facility. Application Appendix Ex. 25 at 10-11;
Tr. at 43.
60. Road noise from West Virginia Route 2 was prevalent at three of the four
inonitoring locations in the study. Other sources of noise included the Washington
Substation, Williams Fractionation Plant and river and rail traffic. Application Appendix
at 8 1; Applicant Ex. JLY-D at 5.
61. Ambient noise levels mostly from West Virginia Route 2 dominate the
background for homes in the vicinity as well as the Moundsville Country Club and the
Washington Lands Elementary School, even during the evening hours. Id.
62. During the daytime, ambient noise levels at the Washington Lands Church
monitoring location range from 65 to SO dBC. The evening and nighttime levels are not
substantially lower than daytime, being 62-72 dBC. Applicant Ex. JLY-D at 5.
63.
The Noise Study assessed the operation of earth moving equipment, driving
of piles, erection of structures, truck or other traffic, and installation of Facility
equipment. No dynamiting activities are expected to occur during construction of the
Facility and major construction will not occur at nighttime. Applicant Ex. JLY-D at 6.
64. The modeling used a very conservative method by assessing inaxiinuin
noise possible if all construction equipment operated at the same time at one location,
resulting in a maximum noise value for a condition which will never occur. Id.
65. Because the construction site is lower than trees, the adjacent road and
structures, most locations near the Site will have at least 10 dB of shielding and any
potential increase in ambient noise levels during construction, if any, should be very
minimal. Id.;Tr. at 43.
66.

Moundsville Power will mitigate the noise during construction in several

a)
b)
c)

the placement of various physical elements at the site.
the selection of materials for building walls and insulation,
the installation of permanent noise mitigation techniques to lessen noise
during start-up and commissioning.
scheduling the loudest activities to occur during daylight hours.
using noise mitigation equipment on trucks and cranes,
minimizing the idling time of large trucks, and

ways;

d)
e)
f)

30

 g)

installing two rows of trees on the Facility side of West Virginia Route 2 as
soon as practically possible. JLY-D at 6.

67.
Operational noise levels were modeled at set distances from the boundary
or perimeter of the power plant. Applicant Appendix at 41-42; Tr. at 44.
68.
Measuring sound at the boundary of the power plant provides higher noise
estimates because such measurements do not take into account that several of the noisegenerating features at the power plant are located within the complex, shielded by other
plant buildings. Id.
The closest residences are within 350 feet of the Project boundary and
69.
about 400 feet froin the Facility. Applicant Ex. JLY-D at 5 : 7.
70.
With 5 dB of shielding from the Facility, these residences would have
values that range from 68.3 dBA to 70.8 dBA, or values which are within the ambient
noise levels. Id.
71.
Homes can attenuate noise up to 27 dB with an average of 25 dB so the
resulting indoor Ldll value would be 43.3 dBA to 45.8 dBA, values that are protective of
sleeping residences. Applicant Ex. JLY-D at 5, 7.
72.
Moundsville Power’s noise mitigation efforts are expected to provide
approximately 10 db of shielding. Id.at 6.
73. Moundsville Power will plant trees along the Facility side of West Virginia
Route 2 and has offered to plant trees along Washington Lands’ border of Route 2. Id.at
7; Tr. at 44.
74.
The Facility layout was designed to help mitigate noise by placing an
acoustic shell over the steam turbine and positioning non-noise structures in front of
noise generating equipment. Id.
75.
Moundsville Power has received its Air Permit from WV DEP, Division of
Air Quality. Application Appendix at 8, 24; Tr. at 23, 25.
76.
The primary source of water for plant operations will be a dedicated intake
on the bank of the Ohio River. Application Appendix at 26.
77.
Facility process water will consist primarily of cooling tower blowdown
and oil water separator effluent. Id.
Following treatment, the Facility will discharge approximately 209 gallons
78.
per minute of treated water into the Ohio River. Id.
31

 79.
The Facility will receive water from Marshall County PSD #2 for drinking
and sanitary uses, fire control and dust suppression. Id.

80. The Facility will not consume groundwater and will not affect current water
table levels. Application Appendix at 65.
81. No aquifers will be affected by the Project, and there will be no injection of
process waters into the ground. Id.at 67.
82.
USFWS has made a "no-effect" deterinination which indicates that the
Project will not affect federally-listed endangered or threatened species. Application
Appendix Ex. 23; Application Appendix at 77.
83.
WV DNR has indicated that the Project is not in the vicinity of any State
species of concern or federally listed threatened or endangered species. Application
Appendix Ex. 24; Application Appendix at 77.
84. The average daily traffic volume during construction, including delivery
trucks, delivery vehicles and workers, is estimated at 1,375, which is a 15 percent
increase in ADT. Application Appendix Ex. 26 at 6.
85.
Moundsville Power will stagger worker shifts so all of the construction
workers will not be coining into, and then leaving, the Site at the same time. Tr. at 45,
57.
86.
Moundsville Power will work with the principal of the Washington Lands
Elementary School to be sure the construction traffic does not interrupt or delay school
bus traffic. &J. at 57.
87.
When the plant begins operating, 30 vehicles will enter and exit the Site
each day, which will raise the ADT value along West Virginia Route 2 by approximately
90, which will not cause a noticeable impact. Applicant Ex. DMK-D at 4.

88. Moundsville Power does not expect a negative impact on area property
values froin the Project. Application Appendix at 75.
b

89. Moundsville Power does not anticipate any negative impacts to the local
infrastructure because of either the construction or operations of the proposed Facility.
Id.
90.
Moundsville Power has entered into a PILOT (payment in lieu of taxes)
agreement with the Marshall County Board of Education and the Marshall County
Cominission whereby Moundsville Power will be exempt from ad valorem property tax
for 30 years and will inake payments for proportional distribution to the Board of
Education and the Marshall County Cominission. Application at 3; Applicant Ex. MJD-

32

 D at 7-9; Application Appendix at 71-72 and Application Appendix Ex. 20; Applicant
Ex. 2.
91. The PILOT agreement requires a Lease Agreement, and Moundsville
Power has entered into the Lease Agreement with the Marshall County Commission.
Moundsville Power will make an upfront payment of $970,000 and annual lease
payments for 30 years totaling approximately $39,292,865. Id.
92. The basic rent schedule can be reduced by a job credit of up to $300,000
annually, resulting in a total rent agreement package of $3 1,262,865 to $40,262,865.
93, Marshall County currently receives $2,500 annually in ad valorem property
taxes for the tract where the plant will be located. Applicant Ex. MJD-D at 12.
94. All parties agreed that the terms and conditions between Moundsville
Power and the Marshall County Coininission relating to the PILOT program do not
offend the public interest and the construction and operation of the Facility will result in a
substantial positive impact on the local economy and local employment. Joint Ex. 1 at 8.
V.

CONCLUSIONS OF LAW

1.
The Project will provide wholesale electric service, and there will be no
direct financial impact to West Virginia retail ratepayers.
2.
Moundsville Power filed a complete application that satisfied the
requirements of the Coininission Siting Rules.
Moundsville Power demonstrated a sufficient interest in constructing the
3.
Project. First, Moundsville Power has shown that it has a legitimate business purpose in
undertaking the Project and has retained various technical experts and developed detailed
information in support of its application. Second, it has expended substantial time and
economic resources to apply for a Siting Certificate and to obtain various other permits,
agreements and real property interests necessary to construct and operate the Project.
Third, Moundsville Power has coininitted to coordinating its activities with the
Coininission and other state and federal agencies.
4.
Need for this Project has been established because it is in the public interest
to develop diversified sources of fuel to generate electricity, including alternatives such
as natural gas and natural gas by-products; additional generation capacity is needed to
meet PJM's projected load forecast in light of the many coal-fired plant closures; it is in
the public interest for West Virginia to participate in the interconnected electric system:
and Moundsville Power's base load combined cycle h l l y dispatched generating facility
will assist in meeting the daily demand for electric service.

33

 5.
It is not in the public interest for this Commission to isolate West Virginia
from the region. The power grid is interconnected, and to safeguard the availability of
productive, well-maintained resources to our State's residents, West Virginia must
participate in the interconnected electric system.

Different economic simulation models provided consistent and uncontested
6.
results that there will be a significant economic gain to both the state and local economy
from the construction and operation of the Project.
7.

The Project is located in an industrial area.

8.
While portions of the heat recovery steam generator stacks will be visible
from about one percent of the area within 20 miles of the Project, the impact of the
presence of the Project and view of the Project will be ininimally disruptive to the
coininuni ty .
9.
The Moundsville Power noise study complied with Commission
requirements and accurately portrayed ambient sound levels for the Washington Lands
community.
10. Based upon the totality of the evidence, the Project's construction and
operational sound levels are expected to be similar to existing ambient sound levels and
noise impacts are not expected to be objectionable.
11. The Commission is satisfied that construction of the Moundsville Power
Project will not cause any substantial problems or difficulties with respect to existing
traffic patterns.
12. Because the ADT for the affected areas will only show a slight increase in
traffic when the plant begins operations, the Commission concludes the Project will not
have a significant or substantial impact on traffic in and around the Project area.
13. The Joint Stipulation, including the conditions for this Facility agreed to by
the parties, is reasonable in this proceeding and will be adopted.
14. Taken as a whole, the positive impacts of the Project relating to the various
interests outweigh any negative impacts on the various interests in this matter. See
W.Va. Code fj 24-2-1 IC.

15. In light of the significant tax revenues and other economic benefits that will
accrue to Marshall County and the State from the Project, the Commission concludes that
the PILOT and Lease agreements do not offend the public interest. W.Va. Code fj 24-21lC(C).
34

 16. Based on the entire record and the analysis contained in this Order, the
Coininission concludes that Moundsville Power should be issued a Siting Certificate for
this Project, subject to the conditions adopted in this Order.
VI.

ORDER

IT IS THEREFORE ORDERED that Moundsville Power is granted a Siting
Certificate, pursuant to W. Va. Code tj 24-2-1 IC, for the construction and operation of a
natural-gas fired wholesale electric generating facility of approximately 549 MW in
Marshall County including an approximately 500-foot 138 kV transmission line,
interconnection facilities and other necessary appurtenances as fully described in the
application and discussed in this Order, subject to the following conditions:
a.

At least 30 days prior to beginning construction or any activity on a
particular component part of the Project, Moundsville Power shall
provide to Staff (but is not required to file) a copy of the detailed plans
for such particular component part.

b.

At least 30 days prior to beginning construction or any activity on the
Project, Moundsville Power shall file a verified statement that provides
proof that all permits, approvals, certifications, notices and consultations
required prior to the start of construction or activity have been obtained,
including the following:
1.
2.
3.
4.
5.
6.

7.
8.
c.

Air Quality Permit
State Historic Preservation Office Approval
USFWS Section 7 Consultation
WV DNR Lands Inquiry
Department of the Army Encroachment Permit (wetlands
and jurisdictional waterways on property)
State 401 Water Quality Certification (wetlands and
jurisdictional waterways on property)
WV DNR Stream Activity Perinit
Site Plan Approval, Grading Permit, Erosion and
Sediment Control Plan Approval

After the filing of the verified statement in Condition b above, and upon
Moundsville Power’s construction of additional component parts of the
Project, Moundsville Power shall file, at least 30 days prior to beginning
construction or any activity on each component part of the Project, a
verified statement that provides proof that all permits, approvals,
certifications, notices and consultations required prior to the start of any
construction or any activity for such component part have been obtained;
provided, however, that some permits, such as the heavy haul and
35

 building permits, are not available until immediately before the activity,
and they will be submitted as soon as practicable.
d.

Fuel for the Project will be delivered through a blending station and
pipeline to the plant, constructed, operated and owned by a third party
(the Pipeline Project). Prior to the beginning of construction on any
component part of the Pipeline Project, Moundsville Power shall file a
verified statement that provides proof that binding contracts are in place
for:
1.

Installation and construction of adequate natural gadethane delivery
points, including Federal Energy Regulatory Commission (FERC)
certificates, if required, for new delivery points on interstate
pipelines and/or ethane pipelines.

2.

Construction of appropriate natural gadethane blending facilities.

3.

Construction and operation of the pipeline necessary to deliver the
blended (or non-blended) fuel to the plant site, including all
necessary measurement and pressure regulation equipment.

4.

An adequate fuel supply

e.

The verified statement filed in connection with Condition d above shall also
provide proof that all options for, or rights of way, and all required permits
necessary for the construction and operation of such component part of the
Pipeline Project have been obtained.

f.

Moundsville Power shall file a copy of its Interconnection Agreement
between Moundsville Power and P JM before commencing construction.

g.

Moundsville Power shall plant in a staggered pattern along the West
Virginia Route 2 right of way, trees and shrubs, using native plants to the
extent possible, including White Pine, American Holly and Pitch Pine,
between six and eight feet tall, and underlying evergreen and densely
growing shrubs (Black Haw, Witchhazel, Spicebush and Eastern Wahoo)
between one and three feet tall. Moundsville Power may use some native
deciduous trees (such as Red Maple, Sugar Maple, Big Tooth Aspen,
Northern Red Oak, White Oak, Shellbark Hickory and River Birch)
between six and eight feet tall for variety and seasonal variation.
Approximately 200 trees aiid 100 shrubs will be planted.

h.

Care of the trees and shrubs shall be incorporated into the operations and
maintenance plan for the site. Any tree or shrub that does not survive will
be replaced in kind.
36

 i.

Moundsville Power shall conduct plant communications via telephone or
two-way radio and not via a public address system.

j.

Moundsville Power, and its contractors, shall stagger the hours of
construction and operation to minimize the project's impact on traffic
conditions near the site, including school bus travel on West Virginia
Route 2.

k.

Moundsville Power shall provide an independent expert report on the
amount needed to decoinmission the facility and post a Letter of Credit
(LoC), purchase a bond or surety, or place the present value of such an
amount in an escrow fund prior to beginning operation. Moundsville
Power recognizes that the plant value far exceeds the decommissioning
costs in the first five years of its service life. Nevertheless, the initial LoC,
bond or surety, or escrow account shall be no less than $250,000 to cover
the cost of soliciting and engaging a decoinmissioning company.
The report shall be updated thereafter as mutually agreed between
Moundsville Power and the Marshall County Commission, but no less
frequently than every five years thereafter. The decommissioning fund
amount inay vary over time depending on changes in the estimated market
or salvage value of the Project, the estimated cost of dismantling the plant
and the expected ongoing life of the project.
Moundsville Power will provide the report to the Marshall County
Coininission and request its approval or concurrence of the evaluative
expert and each of the periodic reports. The decommissioning fund shall
not be part of Moundsville Power's assets.
Within 90 days of any report that requires a contribution to the
decommissioning fund, Moundsville Power will increase the LoC, or bond
or surety, or make that contribution into an escrow account held by an agent
pursuant to an escrow agreement between Moundsville Power and the
Marshall County Commission. Reductions to, or withdrawals from, the
decoininissioning fund shall not be allowed sooner than 90 days after the
Marshall County Commission has been offered the opportunity to review
the report. The methods for deposits to and disbursements froin the
decoininissioning fund shall be established within and governed by the
LoC, bond or surety, or escrow agreement. Furthermore, the LoC, bond or
surety, or escrow agreement must clearly reflect the role of the Marshall
County Commission and state that the obligations set forth in the agreement
apply to Moundsville Power, its successors and assigns.
Each report of the qualified independent third party will also be filed with
the Commission as a closed entry in this matter. The Commission retains
37

 the right to hire its own evaluative expert to review any of the periodic
reports and to take such further action within its jurisdiction as the
Commission determines is necessary to protect the public interest.

1.

Moundsville Power shall file evidence of its exempt wholesale generator
(EWG) status from FERC prior to commencing commercial operation.

in.

The siting certificate shall become invalid if Moundsville Power has not
commenced a continuous course of construction within five years of the
date the final certificate is granted or has not completed construction by the
tenth year without petitioning the PSC for approval to expand these time
frames.

n.

If Moundsville Power seeks to transfer its certificate, Moundsville Power is
required pursuant to Siting: Rule 7.1 to notify the PSC in writing of the
identity of the transferee and subinit an affidavit from the transferee
attesting to the transferee's willingness to abide by the t e r m of a siting
certificate, as issued. This condition applies at any time - not just in the
operational stage.

0.

The PSC directs Moundsville Power to operate the Project within the
representations and parameters established in the application and studies
included in the Application. If the Project does not operate within those
representations and parameters, the PSC may reopen the certificate for
further investigation upon receipt of a complaint, the request of Staff: or on
its own motion.

IT IS FURTHER ORDERED that the Joint Stipulation and Agreement for
Settlement submitted by Moundsville Power, Staff, Trades Council and IOGA, attached
to this Order as Appendix A, is approved and adopted.
IT IS FURTHER ORDERED that, pursuant to W. Va. Code tj 24-2-1 lc(h), all of
the terms and conditions of this Order apply to any subsequent owners or operators of the
Moundsville Power Project.

IT IS FURTHER ORDERED that the Memorandum Agreement dated June 27,
20 14, between Moundsville Power, the Upper Ohio Valley Building and Construction
Trades Council, AFL-CIO, and the West Virginia State Building and Construction Trades
Council, AFL-CIO is approved in relation to the Moundsville Power Project. The
Commission anticipates that all representations and coinmitinents made by the parties
therein t17ill be kept by the parties.
IT IS FURTHER ORDERED that approval of the Memorandum Agreement by
the Commission does not mean the Commission is the proper forum to resolve any
disputes that may arise under the Memorandum Agreement.
38

 IT IS FURTHER ORDERED that upon entry hereof, this case shall be removed
from the Commission's open docket.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission
serve a copy of this Order by electronic service on all parties of record who have filed an
e-service agreement, by United States First Class Mail on all parties of record who have
not filed an e-service agreement, and on Staff by hand delivery.
A True Copy, Teste,
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Ingrid Ferrell, Executive Secretary

CLW/sek
14 122 1cb.doc

39

 PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON

APPENDIX A

CASE NO. 14-1221-E-CS
MOUNDSVILLE POWER, LLC
Application for a Siting Certificate to Authorize the
Construction and Operation of a Wholesale Electric
Generating Facility in Marshal1 County, West Virginia

JOINT STIPULATION AND AGREEMENT FOR SETTLEMENT
Pursuant to W. Va. Code

$6 24-1-7, 24-2-l(c)and 24-2-1 I C and RuIes

12 and 13 of the

Public Service Commission of West Virginia’s (the “Commission”) Rules of Practice and

Procedure, Moundsville Power, LLC (“Moundsville Power”), the Staff of the Public Service
Commission of West Virginia (“Staff’), the West Virginia State Building and Construction
Trades Council, AFL-CIO (“Building Trades”), the Independent Oil and Gas Association of
West Virginia, Inc. (“IOGA”, and together with Moundsville Power, Staff, and the Building
Trades, the “Parties”) join in this Joint Stipulation and Agreement for Settlement (“Joint
Stipulation”) and propose and recommend to the Commission that it approve and adopt this
settlement among the Parties of all issues raised in Case No. 14-1221-E-CSYon the terms and
conditions set forth below. The Joint Stipulation resolves all of the issues in this proceeding, and
recommends that the Commission grant MoundsviIle Power its requested electric generating
facility siting certificate and any and all other necessary approvals required by the Commission
for the construction and operation of a wholesale electric generating facility, including the
related transmission support line, associated interconnection facilities, and other necessary
appurtenances, subject to the conditions set forth in this Joint Stipulation. In support of the Joint
Stipulation, the Parties submit the following:

 r.
1,

PROCEDURAL HISTORY

On July 3, 2014, Moundsville Power filed with the Commission an Application

for a Siting Certificate pursuant to West Virginia Code $$ 24-2-1(c) and 24-2-1 I C to authorize
the construction and operation of a natural-gas fired wholesale electric generating facility of
approximately 549 MW (the “Facility” or the “Project”) in Marshall County including an
approximately 500-foot 13 8 kV (less than 200,000 volts) related transmission support line,
associated interconnection facilities, and other necessary appurtenances as more particularly
described in the Application and attached documents.
2.

On July 16,2014, the Building Trades filed a petition to intervene.

3.

On July 30, 2014, Staff filed its Initial Joint Staff Memorandum.

4.

On August 8, 2014, IOGA filed a petition to intervene. On August 12, 2014,

Mountaineer Gas Company (“MGC”) filed a petition to intervene but withdrew the same on
August 22,2014.

5.

By Order dated September 5, 2014, the Commission granted the Building Trades’

and IOGA’s petitions to intervene, granted MGC’s withdrawal of its petition to intervene, and
also established a procedural schedule for the matter which called for the filing of Moundsville
Power’s direct testimony on September 11, 2014, the filing of Intervenor direct testimony and
rebuttal testimony to Moundsville Power on October 2, 2014, the filing of Staff direct and
rebuttal testimony on November 5, 2014, a deadline for discovery requests of November 12,
2014, a site visit and public comment hearing on November 19, 2014, the filing of Moundsville

Power’s rebuttal testimony, and the filing of intervenors’ rebuttal testimony to Staff and other
intervenors on December 2, 2014, a deadline to file a proposed order of witnesses for the
evidentiary hearing and any motion(s) to excuse witnesses on December 4, 2014, and an

2

 evidentiary hearing to begin on December 9, 2014, and continuing on December 10 and 11,
2014, if necessary. Relative to the site visit, the Commission ordered the Parties to file, no later

than November 12, 2014, a proposed list of locations to be visited, and thereafter, at least three
business days prior to the site visit, to jointly file a written description of each viewpoint. The
Order further required Moundsville Power to cause to be published, one time during the period

of November 5-12, 2014, in Marshall and Kanawha Counties, a Notice of Public Comment
Hearing. The Order also required Moundsville Power to cause to be published, one time during
the period of November 25-December 2, 2014, in Marshall and Kanawha Counties, a Notice of
Evidentiary Hearing. The Order also granted the waiver of certain certificate filing requirements
and certain other Commission filing, reporting, and other requirements that are specific to
regulated public utilities.
6.

Moundsvile Power filed the Direct Testimonies of John P. Black, P.E., Andrew

W. Dorn, Jr., Matthew J. Dorn, CPA, David Mark Kiser, Laidiey Eli McCoy, Ph.D., Kani
Rogers, Tom S. Witt, Ph.D., and Jessica L. Yeager on September 1 1,2014.
7.

On October 2, 2014, the Building Trades filed the Direct Testimony of Steve

White and the Direct Testimony of Michael Jim

8.

On various dates, the Staff fiIed discovery requests to Moundsville Power, and

MoundsvilIe Power answered the same, on various dates, by discovery responses.
9.

On November 6, 2014, Staff filed the Direct Testimonies of Josh Allen, Eric F.

deGruyter, Karen A. McClure, and Donald E. Walker.

In its Direct Testimony, Staff

recommended the Commission adopt various conditions to a Siting Certificate granted
Moundsville Power in this case.

3

 10.

The Parties jointIy filed the Viewpoints and Viewpoint Descriptions for the

Commission View on November 7,2014.
11.

On November 14, 2014, Moundsville Power filed affidavits of publication

reflecting that publication of the Notice of Public Comment Hearing occurred on November 6,

201 4,in The Moundsville Daily Echo (Marshall County) and The Charleston Gazette (Kanawha
County).
12.

The site visit was conducted as scheduled on November 19, 2014, and the public

comment hearing was also held as schedured on November 19,2014.
13.

Moundsville Power filed the Rebuttal Testimonies of John P. Black, F.E. and

Andrew W. Dorn, IV on December 2,2014.
14.

During the pendency of this case, over 430 letters and postcards in support of the

Project have been filed with the Commission, with no letters or postcards in opposition to the
Project having been filed.
15.

The Parties have engaged in settlement discussions encompassing the issues

raised in this case. Based on those discussions, the Parties have reached agreement that a siting
certificate for the Project should be granted to Moundsville Power with the conditions being
proposed to the Commission herein, and have reached the settlement embodied in this Joint
Stipulation which they recommend to the Commission for adoption,
11.

16.

SETTLEMENT

The Parties agree that the Commission should approve the Memorandum

Agreement dated June 27, 2014, between Moundsville Power, LLC, the Upper Ohio Valley
Building and Construction Trades Council, AFL-CIO, and the Building Trades (collectively the
“Signatories”), and make clear that the Commission anticipates that all representations and

4

 commitments made by the Signatories therein shall be kept by the Signatories. The Signatories
further agree that the Commission should make clear that its approval of the Memorandum
Agreement does not mean the Commission is the praper forum to resolve any disputes that may
arise from operating under such Agreement.
17.

The Parties agree and recommend to the Commission that the Siting Certificate

requested by Moundsville Power in this case be granted to Moundsville Power, and that the
Siting Certificate be subject to the following conditions:

a.

At least 30 days prior to beginning construction or any activity on a
particular component part of the Project Moundsville Power shall provide to
Staff (but is not required to file) a copy of the detailed plans for such
particular component part.

b.

At least 30 days prior to beginning construction or any activity on the Project,
Moundsville Power shall file a verified statement that provides proof that all
permits, approvals, certifications, notices, and consultations required prior to
the start of construction or activity have been obtained, including the following:
1.

2.
3.
4.
5.

6.
7,

8.

c.

Air Quality Permit
State Historic Preservation Office (SHPO) Approval
U.S. Fish and Wildlife Service Section 7 Consultation
WV DNR Lands Inquiry
Department of the Army Encroachment Permit
(wetlands and jurisdictional waterways on property)
State 40 1 Water Quality Certification (wetlands and
jurisdictional waterways on property)
WV DNR Stream Activity Permit
Site Plan Approval, Grading Permit, Erosion and
Sediment Control Plan Approval

After the filing of the verified statement in Condition b above, and upon
Moundsville Power’s construction of additional component parts of the Project,
Moundsville Power shall file, at least 30 days prior to beginning construction or
any activity on each component part of the Project, a verified statement that
provides proof that all permits, approvals, certifications, notices, and
consultations required prior to the start of any construction or any activity for
such component part have been obtained; provided, however, that some
permits, such as the heavy haul and building permits, are not available until
immediately before the activity, and they will be submitted as soon as
practicable.

5

 d.

Fuel for the Project will be delivered through a blending station and pipeline to
the plant, constructed, operated and owned by a third party (the “Pipeline
Project”), Prior to the beginning of construction on any component part of the
Pipeline Project, Moundsville Power shall file a verified statement that
provides proof that binding contracts are in place for:
1.

Installation and construction of adequate natural gadethane delivery
points, including FERC certificates, if required, for new delivery points
on interstate pipelines and/or ethane pipelines.

2.

Construction of appropriate natural gadethane blending facilities,

3.

Construction and operation of the pipeline necessary to deliver the blended
(or non-blended) fuel to the plant site, including aIi necessary
measurement and pressure regulation equipment.

4.

An adequate fuel supply

e.

The verified statement filed in connection with Condition d above shall also
provide proof that all options for, or rights of way, and all required permits
necessary for the construction and operation of such component part of the
Pipeline Project have been obtained.

f.

Moundsville Power shall fiie a copy of its Interconnection Agreement between
Moundsville Power and PJM before commencing construction.

g.

MoundsviHe Power shall plant in a staggered pattern along the West Virginia
Route 2 right of way, trees and shrubs, using native plants to the extent possible,
including White Pine, American Holly and Pitch Pine, between six and eight feet
tall, and underlying evergreen and densely growing shrubs (Black Haw,
Witchhazel, Spicebush and Eastern Wahoo) between one and three feet tall.
Moundsville Power may use some native deciduous trees (such as Red Maple,
Sugar Maple, Big Tooth Aspen, Northern Red Oak, White Oak, Shellbark
Hickory and River Birch) between six and eight feet tall for variety and seasonal
variation. Approximately 200 trees and 100 shrubs will be planted.

h.

Care of the trees and shrubs shall be incorporated into the operations and
maintenance plan for the site. Any tree or shrub that does not survive will be
replaced in kind.

I.

Moundsville Power shall conduct plant communications via telephone or two-way
radio and not via a public address system.

6

 j,

Moundsville Power, and its contractors, shall stagger the hours of construction
and operation to minimize the project's impact on traffic conditions near the site,
including school bus travel on Route 2.

k.

Moundsville Power shall provide an independent expert report on the amount
needed to decommission the facility and post a Letter of Credit ("Loc"), purchase
a bond or surety, or place the present value of such an amount in an escrow fund
prior to beginning operation. Moundsville Power recognizes that the plant value
far exceeds the decommissioning costs in the first five (5) years of its service life.
Nevertheless, the initial LoC, bond or surety, or escrow account shall be no less
than $250,000 to cover the cost of soliciting and engaging a decommissioning
company.
The report shall be updated thereafter as mutually agreed between Moundsville
Power and the Marshall County Commission, but no less frequently than every
five (5) years thereafter. The decommissioning fund amount may vary over time
depending on changes in the estimated market or salvage value of the Project, the
estimated cost of dismantling the plant and the expected ongoing Iife of the
project.
Moundsville Power will provide the report to the Marshall County Commission
and request its approval or concurrence of the evaluative expert and each of the
periodic reports. The decommissioning fbnd shall not be part of Moundsville
Power's assets.
Within ninety (90) days of my report that requires a contribution to the
decommissioning fund, Moundsville Power will increase the LoC, or bond or
surety, or make that contribution into an escrow account held by an agent
pursuant to an escrow agreement between Moundsville Power and the Marshall
County Commission. Reductions to, or withdrawal from, the decommissioning
h n d shaII not be allowed sooner than ninety (90) days after the Marshall County
Commission has been offered the opportunity to review the report. The methods
for deposits to and disbursements from the decommissioning fund shall be
established within and governed by the LoC, bond or surety, or escrow
agreement. Furthermore, the LoC, bond or surety, or escrow agreement must
clearly reflect the role of the Marshall County Commission and state that the
obligations set forth in the agreement apply to Moundsville Power, its successors
and assigns,
Each report of the qualified independent third party will also be filed with the
Commission as a closed entry in this matter. The Cornmission retains the right to
hire its own evaluative expert to review any of the periodic reports and to take
such further action within its jurisdiction as the Commission determines is
necessary to protect the public interest.

7

 I.

Moundsvifle Power shall file evidence of its EWG status from FERC prior to
commencing commercial operation.

rn.

The siting certificate shall become invalid if Moundsville Power has not
commenced a continuous course of construction within five (5) years of the date
the final certificate is granted or has not completed construction by the lothyear
without petitioning the PSC for approval to expand these time frames.

n.

If Moundsville Power seeks to transfer its certificate, Moundsville Power is
required pursuant to Siting Rule 7.1 to notify the PSC in writing of the identity of
the transferee and submit an affidavit from the transferee attesting to the
transferee’s willingness to abide by the terms of a siting certificate, as issued.
This condition applies at any time - not just in the operational stage.

0.

The PSC directs MoundsvilIe Power to operate the Project within the
representations and parameters established in the application and studies included
in the Application. If the Project does not operate within those representations
and parameters, the PSC may reopen the certificate for further investigation upon
receipt of a complaint, the request of Staff, or on its own motion.

18.

The Parties agree that the terms and conditions of the agreement between

Moundsville Power and the Marshall County Commission reIating to the PILOT program do not
offend the public interest and the construction and operation of the facility will result in a
substantial positive impact on the locaI economy and local employment.
19.

The Parties agree that nothing in this Joint Stipulation shall be interpreted

0

preclude any of the Parties from taking any position it may choose on any of the issues discussed
herein in other siting certificate cases,
20.

This Joint StipuIation is entered into subject to the acceptance and approval of the

Commission, and will have no effect whatsoever until and unless approved by the Commission
in all of its material terms. It results from a review of all fiIings in this case, the Parties’ prefiled
testimony, and discovery and discussion.

It reflects compromises by the Parties and the

withdrawal of their respective positions asserted in this case, and is being proposed to avoid
costly litigation between the Parties. The Parties propose this Joint Stipulation without adopting

8

 any of the compromise positions that may be set forth herein as regulatory principles applicable
to future proceedings, The Parties support and recommend this Joint Stipulation as being in the
public interest and as a fair, reasonable, and complete resolution o f all the issues raised in this
proceeding. The Parties acknowledge that it is the Commission’s prerogative to accept, reject, or
modify any stipulation. In the event that the Joint Stipulation is modified or rejected by the
Commission, it is expressly understood that the Parties are not bound to accept the Joint
Stipulation as modified or rejected, and that they may avail themselves of whatever rights are
available to them under law and the Commission’s Rules of Practice and Procedure.

WHEREFORE, the Parties, on the basis of the foregoing, respectfully request the
Commission issue findings of fact and conclusions of law granting Moundsville Power LLC its
Siting Certificate consisting of a natural-gas fired wholesale electric generating facility of
approximately 549 MW in Marshall County including an approximately 500-foot 138 kV (less
than 200,000 volts) related transmission support line, associated interconnection facilities, and
other necessary appurtenances as more particularly described in Moundsvilie Power’s
Application, subject to the conditions set forth in this Joint Stipulation.
Respectfully submitted this !zh&

day of December, 2014.

MOUNDSVILLE POWER, LLC

&Y?-:Lq

Lee F. Feinberg (WV S d B a r #1173)
Susan J. Riggs (WV State Bar #5246)
SPILMAN THOMAS & BATTLE, PLLC
SpiIman Center
300 Kanawha Boulevard, East
Charleston, West Virginia 25301
(304) 340-383 I
lfeinberg@spilmannlaw.com
sr&gs@,spilmanlaw.com

9

 STAFF
OF
THE
PUBLIC
COMMISSION2F WEST VIRGINIA

SERVICE

Linda S. Bouvette (WV State Bar #5926)
301 Brooks Street
Charleston, West Virginia 25301
(304) 340-0763
1bouvetteapsc.state.wv.us
_WEST VIRGINIA STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL
(AFL-CIO)

Vincent Trivelli (WV State Bar #8015)
The Law Ofice of Vincent Trivelli, PLLC
178 Chancery Row
Morgantown, WV 26505
(304) 291-5223
vmtriv@,westco.net

INDEPENDENT OIL AND GAS

. Patterson 111 (WV State Bar #283 1)
P.O. Box 1386
Charleston, WV 25325-1386
(304)347-1118
gpatterson@,bowlesrice.com

6743582

10