SPILMAN THOMAS & BATTLE.,,,, A T T O R N E Y S A T L A W

Di rec t Dial: 304.340.3895 Email: gshuman@spilmnnlaw.com

March 16.2016

L i * ~~. -,II VIA HAND DELIVERY ~. ~

Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301

RE: CASE NO. 15-1900-E-CN AEP WEST VIRGINIA TRANSMISSION COMPANY, INC. Application for a certificate of convenience and necessity to construct and install transmission facilities in Charleston, WV

Dear Ms. Ferrell:

Enclosed for filing in your office please find an original and twelve (12) copies of each of Intervenors’ First Set of Interrogatories, Data Requests, and Request for Production of Documents to AEP West Virginia Transmission Company, Inc. and Intervenors’ First Set of Interrogatories, Data Requests, and Request for Production of Documents to The Staff of the Public Service Commission of West Virginia in the above-referenced matter. A copy of each document has been served upon counsel of record.

I greatly appreciate your attention to this matter. Should you have any questions, please do not hesitate to contact me.

Enclosures cc: William C. PortWBrian E. Calabrese (wEnclosures)

John R. Auville, Esquire (w/Enclosures via hand delivery)

Spilman Center 300 Kanawha Bouievard, East Post Office Box 273 Charleston, WestVirginia 25321-0273 www.spiimanlaw.com 304.340.3800 304.340.3801 fax

West Virginia North Carolina Pennsylvania Virginia

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA

CHARLESTON

CASE NO. 15-1900-E-CN

AEP WEST VIRGINIA TRANSMISSION COMPANY, INC. Application for a certificate of convenience and necessity to construct and install transmission facilities in Charleston, West Virginia.

INTERVENORS’ FIRST SET OF INTERROGATORIES, DATA REQUESTS, AND REQUEST FOR PRODUCTION OF DOCUMENTS

TO AEP WEST VIRGINIA TRANSMISSION COMPANY, INC.

TO: AEP West Virginia Transmission Company, Inc.

Pursuant to Rule 13.6 of the Public Service Commission of West Virginia’s Rules of

Practice and Procedure, Brian L. Purkey, Melanie B. Purkey, Helen M. Matheny and Larry A.

Tanner (collectively the “Intervenors”) hereby request that AEP West Virginia Transmission

Company, Inc. (“WV Transco”) answer the following Interrogatories, Data Requests, and Request

for Production of Documents by April 5, 2016, or sooner, if practicable. WV Transco should

adhere to the following instructions in responding to the Interrogatories, Data Requests, and Request

for Production of Documents:

1. Each response should be headed with a single sheet of paper which presents the

following information:

a. The name(s) and title(s) of every person who participated in the preparation

of the response;

The name of the witness(es) most likely to testify concerning the material or

information contained in the response;

The date on which the response was prepared; and

WV Transco’s response to the requested item.

b.

c.

d.

2. WV Transco should view each requested item of the Intervenors’ Interrogatories,

Data Requests, and Request for Production of Documents as being continuing in nature so that as

additional, more current, or more accurate information becomes available, that information will be

provided without undue delay.

3. WV Transco should treat the Interrogatories, Data Requests, and Request for

Production of Documents as a request for production of documents where specific requests for

production are made.

4. The terms “you” or “your” shall mean WV Transco, and, when applicable, WV

Transco’s parent corporations, subsidiaries, divisions, affiliates, related entities, predecessors,

and successors in interest (hereinafter referred to as “Related Transco Entities”).

5 . The term “Project” or “Proposed Expanded Substation” shall refer to the request

by WV Transco to “[e]xpand and upgrade the existing Washington Street Station; install nine 69

kV circuit breakers[]” as set forth in Paragraph 2(d) of the Application filed in the above-

captioned matter.

6. Send a copy of all responses to the undersigned counsel on behalf of the Intervenors.

INTERROGATORIES, DATA REQUESTS, AND REQUEST FOR PRODUCTION OF DOCUMENTS

Q1. In the Reply of AEP West Virginia Transmission Company, Inc. to Final Joint Staff Memorandum (the “Reply”), you state that WV Transco “had engaged in considerable outreach and interaction with local officials and interested individuals, including some of the Intervenors, and had shared information, received input and incorporated multiple modifications to the Project to ameliorate impacts on those who own property or reside in proximity to the Project.” With respect to this statement, please identify

a. any Intervenor with whom WV Transco or any Related Transco Entity interacted and any input provided by that Intervenor;

b. any and all input received from local officials and interested individuals concerning the Project; and

any and all modifications you incorporated based upon the input you received into the Project to “ameliorate impacts on those who own the property or reside in proximity to the Project.”

c.

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Q2. Please produce any and all graphical depictions of the Proposed Substation Expansion both before and after you engaged in “outreach” with local officials and interested individuals. For the purposes of this Data Request, the term “graphical depiction” shall mean any map, plans, drawing, plat, photograph, photographic simulation, or any other document that depicts the location and dimensions of any structure that comprises the Project. By way of illustration and not limitation, this Data Request seeks documents similar to those attached to the Petition to Intervene out of Time by Brian L. Purkey, Melanie B. Purkey, Helen M. Matheny and Larry A . Tanner (the “Petition”) as Exhibits B and C.

Q3. Please state specifically, what, if any, modifications to the Project you incorporated to ameliorate the specific concerns of any Intervenor in this case whether sought as specific relief in this case or otherwise.

Q4. In your Reply, you state that WV Transco is “already well acquainted with noise mitigation technology appropriate for Washington Station Work and has plans to deploy it where and when its use will be reasonable and effective.” Please identify any and all mitigation technology you contend is appropriate for the construction phase of the Proposed Substation Expansion, and please identify the following:

a. the basis upon which you have determined that a particular technology is “reasonable and effective” for use in the Project, including any and all documents, noise studies, or investigations concerning the same;

the construction noise level that you contend is “reasonable;”

what price point or cost is “reasonable,” if your answer to Q4(a) is based on financial considerations;

what reduction in noise is “reasonable,” if your answer to Q4(a) is based on actual reduction of noise emitted from the Proposed Substation Expansion; and

“where and when” will noise mitigation technology be deployed with regard to the Proposed Substation Expansion.

b.

c.

d.

e.

Q5. In your Reply, you state that WV Transco is “already well acquainted with noise mitigation technology appropriate for Washington Station Work and has plans to deploy it where and when its use will be reasonable and effective.” Please identify any and all mitigation technology you contend is appropriate for the operational phase of the Proposed Substation Expansion, and please identify the following:

a. the basis upon which you have determined that a particular technology is “reasonable and effective” for use in the Project, including any and all documents, noise studies, or investigations concerning the same;

the operational noise level that you contend is “reasonable;” b.

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Q6.

Q7.

Q8.

Q9.

QlO.

Q.11.

C. what price point or cost is “reasonable,” if your answer to Q4(a) is based on financial considerations;

d. what reduction in noise is “reasonable,” if your answer to Q4(a) is based on actual reduction of noise generated by construction; and

“where and when” will noise mitigation technology be deployed with regard to the Proposed Substation Expansion.

e.

Please identify any other substation owned or operated by you or any Related Transco Entity that uses noise mitigation technology such as that you plan to implement at the Proposed Substation Expansion during either the construction or operational phase. For each such substation, please provide any all documents, noise studies, or investigations concerning the mitigation of noise at each enumerated facility demonstrating a reduction in noise produced by the construction or operation of the substation at issue.

Please describe, in detail, how and to what extent the noise mitigation technology that you plan to employ at the Proposed Substation Expansion decreases the sound generated by the Proposed Substation Expansion during either the construction or operational phases of the same. For the purposes of this Interrogatory, please express the level of additional sound you expect the Proposed Substation Expansion to generate over and above the current ambient noise in the area of the Project in decibels (dB), and how much you believe the mitigation technology you reference will reduce the added noise produced by the Proposed Expanded Substation.

Please produce any documents and/or provide any assumptions upon which you based your answer to Q7.

What is the present measurement of the ambient noise at the site of the existing Washington Street Station with the current substation in operation? For any such measurement, please provide the source of the ambient noise measurement, how you arrived at the ambient noise level measurement, the conditions on the day or days you obtained the ambient noise measurement, and any noise study that supports your measurement.

Has WV Transco or any Related Transco Entity engaged any expert or third-party consultant with regard to property values in the vicinity of the Proposed Expanded Substation, including, but not limited to, the real property upon which WV Transco intends to construct the Project and/or any contiguous real property? If so, please produce any and all information concerning property values and/or the valuation of real property prepared by any such expert or third-party consultant concerning the property upon which WV Transco intends to construct the Project and any contiguous real property, including, but not limited to, that owned by the Intervenors.

Has WV Transco or any Related Transco Entity had any employee review property values in the vicinity of the Proposed Expanded Substation, including, but not limited to, the real property upon which WV Transco intends to construct the Project and/or any contiguous real property? If so, please produce any and all information concerning property values and/or the valuation of real property prepared by any such employee

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concerning the property upon which WV Transco intends to construct the Project and any contiguous real property, including, but not limited to, that owned by the Intervenors.

Did WV Transco consider constructing the Proposed Expanded Substation at another site or sites at any time, including elsewhere on the site of Project? If so, please identify the precise location and/or address of the site(s) and the reason or reasons why WV Transco determined not to use any such site.

Please produce all potential designs of the Proposed Expanded Substation prepared by WV Transco or any Related Transco Entity not produced in response to Q2, and provide any graphical depictions of the same as that term is defined in Q2.

Please produce any and all photographic simulations of the Proposed Substation Expansion, including any and all designs rejected by WV Transco, any depictions of changes made to the design of the proposed expanded substation as set forth in Data Request No. 1, and any other depiction of the Proposed Expanded Substation.

Has WV Transco performed any noise studies of any sort before or during the pendency of this action? If so, please produce the results of any such studies.

Please set forth the current setbacks of all components of the Proposed Expanded Substation from the property lines of each individual Intervenor. For the purposes of this Interrogatory, please identify each component, its height in feet and its distance from each Intervenors’ property line in feet.

Please explain, in detail, why a setback of the components of the Proposed Expanded Substation would encumber the Project financially, practically or otherwise. For the purposes of this Interrogatory, a setback constitutes the measure of distance that, in the event of a collapse or failure of any component of the Proposed Expanded Substation, such component cannot reach the Intervenors’ property line.

Please identify any substations in WV Transco’s system and the systems of any Related Transco Entities in West Virginia that are located in a populous area such as the Proposed Expanded Substation. For each such substation, please identify specifically and by the following categories how many substations are located in the urban center of a town or city, how many are within the same or similar distance to residential developments and homes as the Proposed Substation Expansion is from the property lines of the Intervenors, and how many are located within the same or similar distance from the Proposed Substation Expansion to a community center or commercial center. Please provide precise distances from each substation to each category in response to this Interrogatory.

For the purposes of this Interrogatory, you may use the distance from the Proposed Expanded Substation to the ML King Jr. Center located at 314 Donnelly Street, Charleston, West Virginia 25301 (0.2 miles) with respect to community centers, and the distance between the Proposed Expanded Substation and the Charleston Town Center Mall located at 3000 Charleston Town Center, Charleston, West Virginia 25389 (OS miles) with respect to commercial centers.

412.

Q13.

414.

Q15.

Q16.

417.

Q18.

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Q19. Please identify any incident since January 1, 2005 in which a substation owned by WV Transco or any Related Transco Entity suffered a significant failure, including, but not limited to, a fire, collapse of substation infrastructure, or any other incident in which federal, state, county or municipal personnel were required to provide emergency services. For each such incident, please set forth the location of the substation, the specific failure, the proximity of the substation to residential or commercial property, and any damage caused to any private property as a result of said failure.

Have you provided a complete set of engineering plans for the Project to The Staff of the Public Service Commission of West Virginia (the “Staff”)? If not, why not? Regardless, please provide a copy to the undersigned. If you claim such plans are confidential, the Intervenors will enter into a reasonable protective order while the Public Service Commission of West Virginia determines if the plans are, indeed, subject to confidential treatment.

420.

421. With regard to the community outreach set forth in your Reply, please describe in detail the nature of such outreach, including the date, time and place of any meetings or “open houses,” how such outreach was advertised or communicated to the community and local officials (including the StafQ, any speaker(s) on behalf of WV Transco at any such outreach event, the nature and contents of any speaker’s presentation, any materials distributed at any such outreach event, copies of any presentations by anyone acting on behalf of WV Transco at any such community event, any sign-in sheets or records of attendees, and any recording of such community events in any recordable media format.

BRIAN L. PURKEY, MELANIE B. PURKEY, HELEN M. M A T P N Y and LARRY A. TANNER

,’ F a : 304-340-3801 gshuman@spilmanlaw.com

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CERTIFICATE OF SERVICE

I, Grant P.H. Shuman, counsel for Brian L. Purkey, Melanie B. Purkey, Helen M. Matheny, and Larry A. Tanner, do hereby certify that on this 16th day of March, 2016, a copy of the foregoing Intervenors’ First Set of Interrogatories, Data Requests, and Request for Production of Documents to AEP West Virginia Transmission Company, Inc. was served upon the parties and/or counsel of record in this proceeding, as follows:

REGULAR U S . MAIL

William C. Porth, Esquire Brian E. Calabrese, Esquire Robinson & McElwee 700 Virginia Street East, Suite 400 Charleston, WV 25301

VIA HAND DELIVERY

John R. Auville, Esquire Staff Attorney Public Service Commission of West Virginia 201 Brooks Street Charleston, WV 25301

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA

CHARLES T 0 N

CASE NO. IS-1900-E-CN

AEP WEST VIRGINIA TRANSMISSION COMPANY, INC. Application for a certificate of convenience and necessity to construct and install transmission facilities in Charleston, West Virginia.

INTERVENORS’ FIRST SET OF INTERROGATORIES, DATA REQUESTS, AND REQUEST FOR PRODUCTION OF DOCUMENTS

TO THE STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA

TO: The Staff of the Public Commission of West Virginia

Pursuant to Rule 13.6 of the Public Service Commission of West Virginia’s Rules of

Practice and Procedure, Brian L. Purkey, Melanie B. Purkey, Helen M. Matheny and Larry A.

Tanner (collectively the “Intervenors”) hereby request that The Staff of the Public Service

Commission (the “Staff”), answer the following Interrogatories, Data Requests, and Request for

Production of Documents by April 5,2016, or sooner, if practicable. The Staff should adhere to the

following instructions in responding to the Interrogatories, Data Requests, and Request for

Production of Documents:

1. Each response should be headed with a single sheet of paper which presents the

following information:

a. The name(s) and title(s) of every person who participated in the preparation

of the response;

The name of the witness(es) most likely to testify concerning the material or

information contained in the response;

The date on which the response was prepared; and

b.

c.

d.

The Staff should view each requested item of the Intervenors’ Interrogatories, Data

Requests, and Request for Production of Documents as being continuing in nature so that as

additional, more current, or more accurate information becomes available, that information will be

provided without undue delay.

The Staffs response to the requested item

2.

3. The Staff should treat the Interrogatories, Data Requests, and Request for Production

of Documents as a request for production of documents where specific requests for production are

made.

4.

5 .

The term “you” or “your” shall refer to the Staff, including its analysts.

The term WV Transco shall mean AEP West Virginia Transmission Company, Inc.,

and, when applicable, parent corporations, subsidiaries, divisions, affiliates, successors,

predecessors, related entities, predecessors, and successors in interest (hereinafter referred to as

“Related Transco Entities”),

6. The term “Project” or “Proposed Expanded Substation” shall refer to the request

by WV Transco to “[elxpand and upgrade the existing Washington Street Station; install nine 69

kV circuit breakers[]” as set forth in Paragraph 2(d) of the Application filed in the above-

captioned matter.

7. Send a copy of all responses to the undersigned counsel on behalf of the Intervenors.

INTERROGATORIES, DATA REQUESTS, AND REQUEST FOR PRODUCTION OF DOCUMENTS

Q1. In the Further Final Joint StafSMemorandum (the “Further Memorandum”), you state:

Mr. [Wayne] Perdue notes the Engineering Division attended an open house conducted by WV Transco and conducted a field visit after the filing of the case.

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(Further Memorandum, at 4). With regard to this statement, please provide the following information:

a.

b.

c.

how Mr. Perdue learned of the open house;

the date of the open house;

the identity of any speaker(s) on behalf of WV Transco or any related Transco Entity at the open house;

the nature and contents of any speaker’s presentation; and

any materials distributed at the open house retained by Mr. Perdue.

d.

e.

As to the statement concerning the site visit set forth in the quote from the Further Memorandum in Q. 1, please provide the following information:

a.

b.

Q.2.

the date of the site visit;

any employee or representative of WV Transco or any related Transco Entity present during the site visit;

any materials distributed to Mr. Perdue during the site visit;

any modifications to the Project referenced by any employee or representative of WV Transco or any related Transco Entity during the site visit; and

whether any modification referenced in Q.2(d) was based on a particular concern or comment of an Intervenor or impacted landowner.

C.

d.

e.

Q.3. With respect to the statement that “[tlhe Engineering Division believes WV Transco has incorporated several modifications to this project to satisfy the concerns of the Affected Parties and other impacted landowners” (Final Memorandum, at 4), please identify each modification to the Project incorporated by WV Transco, and which specific concerns of the Intervenors and other impacted landowners the modifications were designed to satisfy.

In the Engineering Division Further Final Memorandum (the “Further Final Engineering Memorandum”), the Staff states that:

Q.4.

The issue of setbacks for all components of the substation upgrade is cost prohibitive, if not impossible, to address since Transco has purchased the remaining properties around the substation. It appears that any required setback could require a total relocation of the substation and major re-conductoring and relocation of a

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numerous existing and planned distribution circuits at the substation.

(Further Final Engineering Memorandum, at 2). With regard to this statement, please provide any documents, analysis or other basis upon which you relied in formulating your opinion including the source or sources of any information used to support your opinion.

Has Engineering Staff requested, received and/or reviewed a copy of the plans of the Proposed Expanded Substation?

Q.S.

BRIAN L. PURKEY, MELANIE B. PURKEY, HELEN M. MATHENY and LARRY A. TANNER

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Charleston,% 25301 Phone: 304-340-3800 Fax: 304-340-3801 gshuman@spilmanlaw.com

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CERTIFICATE OF SERVICE

I, Grant P.H. Shuman, counsel for Brian L. Purkey, Melanie B. Purkey, Helen M. Matheny, and Larry A. Tanner, do hereby certify that on this 16h day of March, 2016, a copy of the foregoing Intervenors’ First Set of Interrogatories, Data Requests, and Request for Production of Documents to The Staff of the Public Service Commission of West Virginia was served upon the parties and/or counsel of record in this proceeding, as follows:

REGULAR US. MAIL

William C. Porth, Esquire Brian E. Calabrese, Esquire Robinson & McElwee 700 Virginia Street East, Suite 400 Charleston, WV 25301

VIA HAND DELIVERY

John R. Auville, Esquire Staff Attorney Public Service Commission of West Virginia 201 Brooks Street Charleston, WV 25301