CALP: Updates

YOUR COMMENTS NEEDED! You have until August 20, 2004.
GenPower and Longview have filed an Application for a Siting Certificate for Construction & Operation of a Wholesale Electric Generation Facility with the Public Service Commission of WV (PSC).

Please send comments to the PSC.
Here is a form letter.

or write your own letter to

Public Service Commission of West Virginia
c/o Ms. Sandra Squire, Executive Secretary
PO Box 812
Charleston WV 25323
1-800-344-5113 (in WV)

Case Number 03-1860-E-CS-CN, Longview Power

Remember to copy Governor Wise and your local representatives on your letter! Their addresses are here.

Check the PSC's web docket to see what has been submitted to date. To look up information on Longview go to Click on Case Search and type Longview in the name field (must allow cookies). Once on the page, double-click on the Case Number to see details.

The Sierra Club, Trout Unlimited, and the National Parks Conservation Association have appealed Longview's air permit to the West Virginia Air Quality Board in Charleston. The hearing date has been moved to early August 2004.

A resident located near the proposed Longview Power site has appealed the air permit as have the Forks of Cheat Forest Property Owners Association and the Fort Martin Community. Their appeals are scheduled to be continued on July 12, 2004.

What the News Media are Saying

The April 6, 2004 Power Marketing Association OnLine story: Groups Appeal Permit, Pollution Allowance for Morgantown, W.Va., Power Plant"

Financial Troubles for Merchant Power Plants (like Longview)

The Dow Jones Newswire, in a November 10, 2003 posting reproduced on states, "The U.S. electric-power industry, lured by the promise of deregulated markets, has added far more generating plants than will be needed for years, a building boom that has thrust the industry into its biggest financial bust since the early 1980s, Tuesday's Wall Street Journal reported."

An article in Platt's Global Power Report from October 16, 2003 discusses the hurdles GenPower is facing with its Longview Power plant including USEPA and the tax lawsuit. Problems with the air permit are discussed in more detail in Platt's earlier article (scroll down the page to find it).

This Charleston Gazette story discussed comments from the USEPA as well as representatives from the Mon National Forest and the National Park Service. discussed comments from residents and Federal Land Managers at the September 15, 2003 public hearing in Morgantown. A follow-up article discusses the USEPA's comments on the draft permit.



Here is the Lease Agreement between Longview Power and the County signed in late 2003.



The Clean Air Task Force has published a fact sheet on power plants, asthma, children with asthma, and children in poverty in West Virginia.

The Charleston Daily Mail reported the results of a study that showed West Virginia is the fifth-worst state in the country for asthma. According to the study, over 9% of the state's population has asthma.
The article states, "more than 20 percent of school-age children had been diagnosed with asthma as of last year."

Vince Collins, legal counsel for the Mon County Development Authority tells the New York Times "I can't believe how large and hideous they are." He is referring to windmills, not coal-fired power plants. He has abandoned plans to build a vacation home on property he owns near Thomas, WV. Maybe he can build his second home in Fort Martin?
Read the article.

Sign a Petition located at various stores and eateries around the area.

Circulate a PETITION at work, at school, in your neighborhood, at your place of worship...

Here is how you can HELP US!!!!

Citizens for Alternatives to Longview Power (CALP)

September 9, 2004

Appeal of Longview siting permit is filed.

A coalition of approximately 60 groups and individuals based in Monongalia County filed a court appeal of the WV Public Service Comission's decision to grant a siting certificate to the Longview Power Plant. The appeal claims that the PSC committed significant proceedural errors in its review of Longview's application, failing to require adequate information to determine whether the plant is in the public interest. In addition, the suit states that the PSC did not properly perform findings of fact and committed discretionary errors in considering Longview's application. For more information, see our press release (pdf file, 164K).

August 24, 2004

Earlier this summer, the US Environmental Protection Agency recommended that Monongalia County be designated as being in non-attainment with respect to fine particulate air pollution (PM2.5). Fine particulate air pollution can trigger asthma attacks and increases the risk of death from heart attacks and lung cancer. Recent evidence suggests that exposure to PM2.5 contributes to the development of heart disease. The people at highest risk of harm from PM2.5 are children, the elderly, people with respiratory disease (asthma, chronic bronchitis, emphysema), and people with cardiovascular disease (e.g. high blood pressure, heart attack, heart failure, stroke). For more information, see our Fact Sheet and particulate information from the American Lung Association, the American Heart Association and the EPA.

Being designated in non-attainment is a positive step in addressing this air quality problem, as it will help us prevent further increases in the release of these pollutants into our air. Unfortunately, lobbyists for power plants and other polluting industries do not want the designation of non-attainment. Their strong influence in our state has led to the WV Department of Environmental Protection fighting non-attainment designation for Monongalia County. Even our County Commissioners and the Monongalia County Development Authority are considering writing letters to the EPA opposing non-attainment designation.

Please write to the EPA and let them know that you are concerned about our air quality and you believe that the non-attainment designation will be the only way to force our state and local officials to do the right thing.

Mr. Donald S. Welsh
Regional Administrator
1650 Arch St
Philadelphia PA 19103

and send a copy to

Ms. Judith M. Katz, Director
Air Protection Division
1650 Arch St (3AP00)
Philadelphia PA 19103

Mr. John Benedict
Division of Air Quality
7012 MacCorkle Avenue, South East
Charleston, WV 25304-2943

Mr. Fred Durham
Division of Air Quality
7012 MacCorkle Avenue, South East
Charleston, WV 25304-2943

August 1, 2004

CALP responds to Air Quality Settlement

On July 29, 2004, the Sierra Club, Trout Unlimited and the National Parks Conservation Association announced a settlement of their appeal of the proposed Longview facility's air permit. This settlement provides a reduction of approximately 25% in SO2 emissions (to 2417 tons/year) and 19% in NOx emissions (to 1739 tons/year). In addition, it includes provisions for continuous monitoring for mercury emissions and a fund to be used to reduce the impacts of acid rain ($500,000 per year for the first ten years of operation and $300,000 for the life of the plant).

In its press release, the Sierra Club stated that, although it had reached this settlement with Longview, it does not support the construction of this plant.

Citizens for Alternatives to Longview Power wants the public to know that this settlement does not address all of the negative impacts of Longview Power on the local area (e.g. noise, view, destroying historic sites, decreasing property values). It still allows for the construction of a power plant that will add significant pollution to our air which already rates a grade of "D' by the American Lung Association. In fact,this settlement actually ignores several important air quality issues such as particulate air pollution, which increases the risk of heart disease, asthma, and lung cancer. It also does not decrease the release of mercury or of carbon dioxide, a major greenhouse gas.

Click here for CALP's complete response to the Sierra Club Settlement.

July 12 and August 4, 2004

Air-permit appeals are being heard in front of the Air Quality Board. See left sidebar for details (scroll down).

June 29, 2004

The USEPA says Monongalia and Marion Counties in West Virginia and Greene County in Pennsylvania are nonattainment areas for soot (fine particluate matter less than 2.5 microns in diameter). The news release and the list of these and other counties is located on the USEPA's web site: and

July 1, 2004

More hearings were held before the Public Service Commission. Longview's noise survey was thrown out during the April hearings (see below) and this hearing addressed noise, the transmission line permit, and other issues.

April 27, 28, and 29, 2004

Evidentiary hearings were held in Charleston in front of the Public Service Commission. Longview and two Interveners gave testimony and cross-examined witnesses in a grueling three-day court hearing. The Interveners in the case are the "Citizens," consisting of the same groups and individuals suing Mon County over the PILOT Agreement, and the Affiliated Construction Trades Foundation (ACT), with whom Longview has agreement to use union labor to build the power plant (but not to operate the plant or to mine the coal). Phil Gaujot, attorney for the Citizens, showed how weak and full of holes Longview's application really is. Those who gave testimony on behalf of the Citizens worked hard and did a fantastic job. We owe Phil, Chuck, Jim, Duane, Bill, Jarrett, Dennis, and Larry a huge Thank You.

While the PSC Commissioners defer to other state agencies, where possible, they do appear to be concerned about noise issues and financing with respect to Longview. The PSC is important because it has to weigh whether or not this power plant is in the public interest. You may recall that the PSC would not allow NedPower to build the southern portion of its windfarm near Blackwater Falls because of its close proximity to "treasured State wilderness locations." The PSC is doing the work that the Mon County Commission should have done long ago. Longview told the community that coal would be delivered by conveyor to the power plant from an adjacent coal mine. The PSC asked for a map of any conveyor and truck routes, and it turns out that Longview plans to build a 4-mile long conveyor from three mine mouths in Pennsylvania, as well as truck coal from Pennsylvania. Longview,s noise survey was found to be unacceptable and must be redone. Longview has proposed a night-time noise standard of 65 dB at the closest residence. When asked on the witness stand if he would want something as loud as 65 dB outside his window at night, Longview,s noise consultant said, "No." The business studies showing that Longview had only benefits and no costs to the community were found to have no supporting documentation.

April 21, 2004
The Mon-Earth Benefit Concert.

If you attended, you know what a fantastic show Robert Tower put on. If you did not make it, you really missed out! This was the concert,s first year, and it about broke even, as far as revenue goes. However, a lot of good networking went on among the community and the various environmental groups that participated in the event. A local charitable foundation even approached the Mon River Trails representative about construction on the Rail Trail! Attendance was a little disappointing, so we have to get the word out better next year. Even though it just about killed him, Robert has decided to do it again. The performers were so cool; they were happy to be there (without pay), and they said the first year is hard. They said it takes at around three years to get established. The concert will be held around Earth Day. Mark your calendars for next year.

April 1 and 2, 2004

Two separate appeals of Longview,s air permit were filed. The first is by Jarrett Jamison, a Fort Martin resident concerned that this power plant will tear apart the tight-knit 200+ year old community.

The second air-permit appeal is from three groups: the Sierra Club, Trout Unlimited, and the National Parks Conservation Association. Joe Lovett and Wendy Radcliff of the Appalachian Center for the Economy and the Environment will represent the groups in front of the Air Quality Board. Dr. Phyllis Fox, an environmental engineer with a vast amount of expertise in air-quality issues and power plants, has been retained as an expert witness. A modeling expert, needed because Longview will violate air-quality standards at Class I Areas, will also be retained.

March 31, 2004

The PSC, which is currently reviewing Longview,s Siting Certificate to build the power plant and Certificate of Need for a transmission line, held two public hearings in Morgantown. Both hearings were well attended and each lasted for about 3 hours, with many people speaking. Approximately 80% of the people who spoke in favor of the power plant were from outside Mon County (some from as far away as Summersville and Parkersburg), whereas approximately 80% of the people who spoke opposing the plant were from Mon County. Thanks to all of you who wrote letters to the PSC and spoke at the hearing!! It is very clear that the local community does not want this power plant. It is not too late to write a letter if you have not done so already. Here is the address:

Public Service Commission of West Virginia
c/o Ms. Sandra Squire, Executive Secretary
PO Box 812
Charleston WV 25323
1-800-344-5113 (in WV)
FAX: (304) 340-0325

March 2004

PUBLIC HEARING MARCH 31, 2004 in Morgantown
The PSC will hold two public hearings in Morgantown on Wednesday March 31, 2004 at 2 pm and 7 pm at the WVU Erickson Alumni Center located on the West Virginia University campus.

The subject will be Longview's Applications for a Siting Certificate and Certificate to Construct a Transmission Line. Please attend this meeting to let your concerns be heard. You can just stand up and say, "I live here and I don't want this plant," and sit down. Even if you do not choose to speak, please attend one of these VERY important meetings.

The Erickson Alumni Center is located off of Patteson Drive (Rt 705) on WVU's Evansdale Campus. Here is a link to an interactive map.

Please send comments to the PSC:

Public Service Commission of West Virginia
c/o Ms. Sandra Squire, Executive Secretary
PO Box 812
Charleston WV 25323
1-800-344-5113 (in WV)
FAX: (304) 340-0325
Reference Case Number 03-1860-E-CS-CN Longview Power

Remember to copy Governor Wise and your local representatives on your letter! Their addresses are here.

Mar. 2004: WVDEP-DAQ Issues Final Air Pollution Permit

The West Virginia Department of Environmental Protection's Division of Air Quality issued Longview Power an air pollution permit on March 2, 2004. It allows Longview to emit almost 20 million pounds of air pollution (and that doesn't include carbon dioxide). A copy of the permit and response to comments can be found here (scroll down to the Ls). Here is a summary of the allowable emissions.

Feb. 2004: Order Issued by the Public Service Commission (PSC); Public Hearings Set for March 31, 2004
(See details on the left and above.)

The PSC issued an order on February 2, 2004 regarding Longview's Applications. The following are highlights:

  • "Upon review of all of the foregoing, the Commission finds that a statutory deadline of 300-days from the filing date applies to this proceeding."
  • "The Commission will not require Longview to produce or file a video of the facility site as described in the proposed EWG Rules at Section 3.1.k.1."
  • ... "Longview must produce the Electric Rule 9 information on or before March 1, 2004. The Commission finds that it cannot fully review and analyze the certificate application with respect to the transmission line, without the information required by Electric Rule 9."
  • "The Commission will allow Longview until February 17, 2004, to file its project construction schedule and until March 1, 2004, to file its noise survey. "
  • IT IS FURTHER ORDERED that the following procedural schedule is hereby adopted.

    February 17, 2004, Longview's filing of pre-filed direct testimony, including by 4:00 p.m. project construction schedule.

    March 1, 2004, Longview's filing of Electric Rule 9 information and by 4:00 p.m. Response to question no. XVI in Staff's first request for information.

    March 24, 2004, All other parties filing of pre-filed direct testimony and by 4:00 p.m. rebuttal testimony to Longview's direct testimony

    March 31, 2004 Daytime Public Comment Hearing, West Virginia University 2:00 p.m. Erickson Alumni Center, Fine Art and Patteson Drive, Morgantown, West Virginia.

    March 31, 2004 Evening Public Comment Hearing, West Virginia University 7:00 p.m. Erickson Alumni Center, Fine Art and Patteson Drive, Morgantown, West Virginia.

    April 1, 2004, Longview's filing of rebuttal, and all other parties filing of by 4:00 p.m. rebuttal testimony to one another.

    April 27, 2004 Evidentiary hearing, 9:30 a.m., Howard M. Cunningham Hearing Room, 201 Brooks Street, Charleston, West Virginia (continuing to April 28 and April 29, 2004, if necessary).

    IT IS FURTHER ORDERED that Longview publish the Notice of Hearing, attached as Attachment I, twice as a Class II legal advertisement in Monongalia and Kanawha Counties during the first two weeks of March 2004.

Jan. 2004: Public Service Commission Comment Letters

More than 50 letters of protest/opposition were sent to the Public Service Commission of West Virginia (PSC) regarding GenPower / Longview Power's application for a Siting Certificate and a Certificate of Necessity (Transmission Line).


Just in time for the holiday season, the West Virginia Department of Environmental Protection (DEP) issued a revised draft air permit for the proposed Longview Power Plant on December 5, 2003. DEP's Division of Air Quality (DAQ) held a public hearing on the draft permit December 18th. A resident of the community of Fort Martin attended the hearing in a Tyvek suit and respirator. Attendees were displeased when they found out that the transcripts from the first DEP public hearing in September were lost.

Longview's PSC Applications

GenPower / Longview Power filed a Siting Certificate and Certificate of Need application with the Public Service Commission of West Virginia (PSC). They requested that the PSC expedite their application and waive various regulations. The basis for Longview's PSC request seems to be that it is not a "public utility" under PSC rules. However, the state code (sec. 24-2-1) defines public utilities to include entities engaged in "generation and transmission of electrical energy by hydroelectric or other utilities for service to the public, whether directly or through a distributing utility." The normal PSC review for new power stations and transmission lines is 300 days. Longview asked for a 30-day review!


GenPower / Longview Power have filed a Siting Certificate and Certificate of Need application with the Public Service Commission of West Virginia (PSC). They have requested that the PSC expedite their application and waive various regulations. Contact the PSC to get a copy of the paperwork. See details on the left sidebar.


The Monongalia County Commission agreed to sign the Lease Agreement with Longview Power. Please review the Lease Agreement and give the commissioners your comments. Their addresses and phone number are here.


Oct 9, 2003: CALP Files Lawsuit over the Longview Power Plant's Payment in Lieu of Taxes (PILOT) Agreement

A Press Conference was held on the steps on the Monongalia County, West Virginia courthouse shortly after CALP, CLEAR, CRD, residents of the community of Fort Martin, and other county residents filed the lawsuit.

News Release

For Immediate Release:           For more information, contact CALP.
Oct. 9, 2003


A diverse collection of individuals and organizations filed legal action today in Circuit Court of Monongalia County, to block tax breaks given to the proposed Longview Power Plant. The "Citizens for Alternatives to Longview Power" (CALP) had earlier announced their intention to seek alternatives to the power plant as proposed.

Today,s action, however, strikes at the key element in financing the project, a "Payment In Lieu Of Taxes," or PILOT, agreement signed by Monongalia County officials in June.
"Citizens have raised a number of issues over he last year, but have been consistently ignored" said James Kotcon, a spokesperson for CALP. "But as a result of our on-going investigations into the proposal, we have found that the PILOT agreement itself is based on a flawed and unconstitutional application of state statutes."
"It is simply wrong for one out-of-state, for-profit company to get tax breaks that are not open to every other taxpaying business in the County," said Kotcon. "The PILOT agreement essentially offers tax subsidies to polluters, but this is not just an environmental issue, it is basic tax fairness."
The proposed power plant would be a 600-MW electric generating facility to be located at Fort Martin in Monongalia County. Local residents overwhelmingly oppose the project.
"We are tired of the Monongalia County Development Authority using the Fort Martin Community as the dumping site for their polluting projects" said Jarrett Jamison III, a life-long Fort Martin resident.
"The taxpayers of Monongalia County should not be forced to subsidize polluters," said Paula Hunt, another CALP member. "No matter how clean Longview Power says this power station will be, the fact remains that it will add over 20 million pounds per year of pollution to the air we breathe."
Opponents greatly outnumbered supporters of the project at a Sept. 15 public hearing on an air pollution permit in Morgantown. The WV Department of Environmental Protection has yet to issue a final permit for the plant.
"There are many issues yet to be resolved and we remain hopeful that the WV-DEP will work with us to address our environmental concerns, such as air quality, acid rain, ozone and particulate impacts to human health, and adverse impacts to Wilderness Areas like Dolly Sods", said Kotcon. "Likewise, we hope the state Public Service Commission will help resolve siting issues related to noise, visual impacts, and truck traffic, before construction can begin."
"But the PILOT agreement was finalized over our objections and citizens now have no recourse left but to appeal this corporate welfare in court" said Kotcon. "We believe that the tax breaks offered to Longview violate Article X, Section 1 of the West Virginia Constitution. Furthermore, the statute under which the PILOT was offered was intended to apply to publicly-owned projects financed through public bonds for public benefit; not to a private out-of-state company whose primary goal is to maximize their own profits."
In addition to CALP, plaintiffs include Citizens for Responsible Development, the Cheat Lake Environment and Recreation Association, and over 60 local residents.
Defendants in the action are Longview Power, LLC., the Monongalia County Development Authority, the Monongalia County Commission, the Monongalia County Board of Education, and the Monongalia County Assessor.
More information is available at the CALP web site:


Oct 1, 2003: USEPA Says Longview Emissions Not Low Enough

In its comments to WV DEP on the Longview Power PSD Permit, USEPA Region III cites local power plants that have better emissions than those proposed by Longview. The Charleston Gazette article also quotes comments from Clyde Thompson, supervisor of the Monongahela National Forest and Assistant Interior Secretary Craig Manson.

Members of CALP reviewed the USEPA's comments and have the following interpretation:

Some of us who are a part of the Citizens For Alternatives To Longview Power (CALP) today received a copy of the letter from the U.S. Environmental Protection Agency regarding the air permit application pending at the WV Department of Environmental Protection. CALP reported numerous concerns to the WV-DEP during the recent 30 day comment period; and, we asked that a time extension be provided due to the number of and importance of the outstanding issues involved. The letter from U.S. EPA points to some of these issues quite specifically.

The U. S. EPA has at least three categories of concerns, namely (1) Best Available Technology (BAT) has not been proposed by Longview or GenPower, LLC, (2) the Class I modeling for pristine areas has revealed existing problems that need to be addressed as soon as possible, and (3) the Class II modeling for local air pollution impacts was incomplete, perhaps misguided, and has not been properly reported to the public.

If Best Available Technology had been used, the sulfur dioxide, the nitrogen oxides, and the very fine solid particles less than 10 microns could all be significantly reduced. The reductions could be as much as 1,000 tons per year, 1000 tons per year, and 236 tons per year for each of these pollutants respectively. This could help to control ozone and asthma in Monongalia county. Therefore, the WV DEP should reject the application and proposed permit.

The U.S. EPA states that air pollution problems already exist at the Dolly Sods Wilderness Area and the Shenandoah National Park, from the Class I modeling. Before Longview is permitted to add more pollution, the existing violations need to be identified and corrected.

Further, U.S. EPA is concerned that the WV-DEP used an alternative computer method to analyze the pollution impacts over the local area including Monongalia county which may not be fully appropriate and that the results have not been fully examined or reported. [These results were not reported or discussed in the public hearing at the WV Health Science Center.]

Thus it appears that U.S. EPA has provided a number of reasons why the air permit should not be issued. Whether or not it is issued, CALP believes that most of Monongalia county is already receiving too much air pollution from existing plants and there are many assets and facilities here to be protected. This county is blessed to have a major national University, a comprehensive Medical Center and associated medical support systems, many retirement centers, a large number of small and school age children who should be protected. This cannot be achieved by giving tax breaks to development interests from outside the State.

Duane Nichols, CALP Board of Directors
President of the Cheat Lake Environment Association (CLEAR)


The air-quality permit essentially gives GenPower the emissions levels it requests in its Air Permit Application. Those levels are listed here.

How to Comment on the Draft Permit:

Submit your letter (FAX AND E MAIL ACCEPTED) before 5 p.m. September 29, 2003 and address it to:

Mr. Edward S. Andrews, P.E.
Division of Air Quality
7012 MacCorkle Avenue, South East
Charleston, WV 25304-2943

Telephone Number: (304) 926-3727

Fax Number: (304) 926-3739

Comments will be accepted by fax or e mail


The West Virginia Department of Environmental Protection (DEP) issued a draft air permit for the proposed Longview Power Plant on August 28, 2003. This starts the clock ticking on the 30-day comment period. DEP's Division of Air Quality (DAQ) will hold a public hearing on the draft permit September 15th at 6:00 pm. The location of the hearing is the auditorium of the Robert C. Byrd Health Sciences Center, located on West Virginia University's Evansdale campus in Morgantown. Here is a link to an interactive map of WVU.

Here are links to DEP's web site and the (1) Prelim Determination/Fact Sheet, (2) the Draft Air Permit itself, and (3) Appendix A, modeling review.

Here is a link to GenPower's web site where you can view or download the air-permit application Scroll to the bottom of their page. The permit application (with all of the back-and-forth correspondence) and the draft permit are also on file at the Morgantown Public Library and the DAQ's offices in Charleston and Fairmont.


The Monongalia County (West Virginia) Board of Education (BOE) recently announced its preferred location for the new University High School. The new school will have an incredible view of the Longview Power Plant, a project it unanimously endorsed at its June 18, 2003 meeting.

Below is a suggestion for the new school's design:


No public hearing set!

The Monongalia County Commission (West Virginia) unanimously passed the Payment in Lieu of Taxes (PILOT) agreement for GenPower's proposed Longview Power coal-fired power plant at its meeting on June 18, 2003. THERE WILL BE NO PUBLIC HEARING ON THE PILOT !!


During their meeting Tuesday night (June 10, 2003), the Monongalia County Board of Education voted to approve the Payment in Lieu of Taxes (PILOT) agreement for the GenPower Longview Power coal-fired power plant to be located near Morgantown.


During a special meeting Tuesday morning (June 10, 2003), the Monongalia County Development Authority voted to approve a resolution recommending a Payment in Lieu of Taxes (PILOT) agreement for GenPower's Longview Power coal-fired power plant to be built near Morgantown. They barely waited for their attorney, Vince Collins, to read the resolution aloud before they voted on it and scattered.

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