Chronology of Legal Maneuvers
and PSC Actions

 

 
 
 
 
 
 
R = Recommended reading
 
 
Documents received by the PSC as of 27 April 2007 have been added.
 
 
These documents are all in PDF. If you do not have the free Adobe Reader, download it now. Because these files are scans, some of them are quite large. You may want to right-click on the link and save the file ("save target as") to your desktop for off-line reading.
 
  04/25/2007 • View Document • Notice of Resignation as Intervenor - Support for Friends of Beautiful Pendleton County, Inc.; filed by Peter Shoenfeld (hard copy)  
     
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04/25/2007 • View Document • Motion to Dismiss; filed by John Lawrence Hargrove  
   
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04/25/2007 • View Document • Motion to Dismiss; filed by Larry V. Thomas and Rebecca K. Thomas  
     
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04/25/2007 • View Document • Renewed Motion to Dismiss; filed by Counsel for Friends of Beautiful Pendleton County, Inc.  
     
  04/23/2007 • View Document • Two letters of protest opposing wind farm project on Jack Mountain filed by Yvonne Marsh (copy of letter sent to Friends of Beautiful Pendleton County) and Wesley Woods  
     
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04/23/2007 • View Document • Copy of letter to Friends of Beautiful Pendleton County from US Department of Interior advising that they provided technical assistance to Liberty Gap Wind Force and Liberty Gap has not completed a HCP plan yet  
     
  04/19/2007 • View Document • Notice of Resignation as Intervenor - Support for Friends of Beautiful Pendleton County, Inc.; filed by Peter Shoenfeld (fax)
 
     
  04/18/2007 • View Document • Response to Motion to Strike Individual Testimonies; filed by Counsel for Friends of Beautiful Pendleton County, Inc.(hard copy)  
     
  04/18/2007 • View Document • Petition to Consider the Impact on All Wildlife Species Pursuant to the Commission's Public Interest Review; filed by Counsel for Friends of Beautiful Pendleton County, Inc.(hard copy) [This document as of 24 April still has not been made available to the public. See below for content from alternate source:]
 

Ladies and Gentlemen:

The proposed witness schedule filed on Tuesday is satisfactory and appears to include all witnesses previously contemplated for the hearing and for whom testimony was pre-filed.

In addition, please be advised that after considering FOBPC’s response to the Commission’s wildlife impact evidence ruling the Commission has decided to revise its April 6, 2007 decision regarding wildlife impact evidence. Evidence with respect to both endangered wildlife (including Indiana Bat, Virginia Big-Eared Bat, and Bald Eagles) and non-listed species will be considered at the hearing.

Given the length of time the testimony has been filed and the lateness of the filing of the motion to strike, the Commission will also deny Liberty Gap’s motion to strike individuals’ testimonies. The Commission will give that testimony such weight as is appropriate.

The Commission will announce these rulings from the bench at the outset of the hearing, but asked that I let the parties know today.

Jessica Lane
Public Service Commission Law Clerk

 
     
  04/17/2007 • View Document • Original Affidavit of Karen Tyrell; filed by Counsel for Liberty Gap Wind Force, LLC  
     
  04/17/2007 • View Document • Staff Response with no objection to Larry V. and Rebecca K. Thomas' Motion to Schedule Expert Testimony  
     
  04/17/2007 • View Document • Proposed schedule for witnesses for April 19, 2007 Hearing; filed by Counsel for Liberty Gap Wind Force, LLC
     
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04/17/2007 • View Document • Response to Motion to Strike Individual Testimonies; filed by Counsel for Friends of Beautiful Pendleton County, Inc.(fax)
 
     
  04/16/2007 • View Document • Motion to Strike Individual Testimonies signature page; filed by Counsel for Liberty Gap Wind Force, LLC [Duplicate of entry two below with signature page added]  
     
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04/16/2007 • View Document • Petition to Consider the Impact on All Wildlife Species Pursuant to the Commission's Public Interest Review; filed by Counsel for Friends of Beautiful Pendleton County, Inc.(fax)  
     
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04/16/2007 • View Document [4.28 MB]Motion to Strike Individual Testimonies; filed by Counsel for Liberty Gap Wind Force, LLC  
     
  04/16/2007 • View Document • Bi-Monthy Status Report on Progress of Liberty Gap Wind Force's Habitat Conservation Plan and Related process Documents Report No. 3; filed by Counsel for Liberty Gap Wind Force, LLC  
     
  04/13/2007 • View Document • Affidavit of publication - The Pendleton Times - Filed by Counsel for Liberty Gap Wind Force, LLC  
     
  04/13/2007 • View Document • Notification of Liberty Gap Wind Force, LLC of Additional Species and Issues to Be Included in its Habitat Conservation Plan and Environmental Assessment, with supporting Affidavits of James M. Cookman and Karen Tyrell; filed by Counsel
     
  04/13/2007 • View Document • Motion to Schedule Testimony for Rebecca K. Thomas and Larry V. Thomas; filed by Rebecca K. Thomas, Intervenor (hard copy)  
     
  04/12/2007 • View Document • One individual letter of support in favor of windfarms in Pendleton County; filed by Fred Rhodes  
     
RRR
04/12/2007 • View Document • One individual letter in disagreement of construction of windfarms in southern Pendleton County along with objecting to April 6 Commission Order; filed by Paul Wilson, Sierra Club, WV Chapter  
     
  04/12/2007 • View Document • Response with no objections to Friends of Beautiful Pendleton County, Inc.'s Motion to Schedule Witness Testimony; filed by Counsel for Liberty Gap Wind Force, LLC  
     
  04/12/2007 • View Document • Motion to Schedule Testimony for Rebecca K. Thomas and Larry V. Thomas; filed by Rebecca K. Thomas, Intervenor (fax)  
     
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04/11/2007 • View Document • Staff Response to Liberty Gap's Request to Protect Portions of Mr. Cookman's Testimony  
     
  04/11/2007 • View Document • Staff Response to Friends of Beautiful Pendleton County, Inc.'s Motion to Schedule Witness Testimony  
     
  04/11/2007 • View Document • Return Copies of subpoenas issued to Susan M. Pierce, WV Division of Culture and History and Craig Stihler, WV Diviison of Natural Resources; filed by Counsel for Friends of Beautiful Pendleton County, Inc.
     
  04/10/2007 • View Document • Motion to Schedule Witness Testimony filed by Friends of Beautiful Pendleton County, Inc.(hard copy)  
     
  04/09/2007 • View Document • Affidavit of publication - Charleston Newspapers - filed by Counsel for Liberty Gap Wind Force, LLC  
     
  04/09/2007 • View Document • Motion to Schedule Witness Testimony filed by Friends of Beautiful Pendleton County, Inc.(fax)  
     
RRR
Order
04/06/2007 • View Document • Commission Procedural Order that Liberty Gap's motion to abstain from hearing wildlife impact evidence with respect to the Indiana bat and the Virginia Bigg-Earned bat is granted; that within ten days of the date of this Order Liberty Gap shall notify the Commission in writing of any species in addition to the Indiana bat and the Virginia Big-Eared bat that it will inclue in both its EA and HCP; that Liberty Gap's motion to abstain from hearing wildlife impact evidence is denied as to species other than the Indiana bat, the Virginia Big-Eared bar, and those species to be inclued in its EA and HCP; that Liberty Gap's Dec. 6, 2006 motion for protective order, and FOBPC's Dec. 11, 2006 motion for protective order is granted to the extent that the information shall be accorded confidential treatment and in camera presentation at hearing; etc.  
     
  04/04/2007 • View Document • Motion for Rulings on Pending Motions filed by Counsel for Liberty Gap Wind Force, LLC  
     
  04/04/2007 • View Document • Staff Response with no objection to Motion to Schedule Expert Testimony on April 20, 2007
 
     
  04/02/2007 • View Document • Motion to schedule Expert Testimony on April 20, 2007 filed by Counsel for West Virginia State Building and Construction Trades Council, AFL-CIO  
   
   
 
The Public Service Commission is providing access to scanned copies of most formal case documents filed with the PSC. These documents are being offered as a convenience. This site should not be considered to be an official listing of all documents received by the Commission. Copies or printed versions of the documents available at this site are not, and should not be, represented to be official PSC documents.
 
 
 
 
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