Direct Testimony of Thomas M. Hildebrand - Consumer Advocate ...

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13) Not withstanding my belief that TrAILCo is not a WV public utility, para 10.8.1
states, “a public utility operating in West Virginia may not, directly or indirectly,
in any manner or by any device whatsoever, offer or grant to a person any form of
promotional practice except such as is uniformly and contemporaneously
extended to all persons in the same reasonably defined class.” The techniques
used by agents acting on behalf of TrAILCo, as was determined by the
Pennsylvania Consumer Advocate (Attachment 3) make a clear and convincing
case that these techniques and practices are unlawll. Statements and remarks
were described by Robbie Matestic, Greene Co. Economic Development Director
as “over and over we hear that the facts of the project process and the project are
being misrepresented, and information is not consistent between neighbors. ”
People are being told to take the money because “thisproject is 99% approved.”
14) This shows a clear violation of rules, regulations, and the public trust. These
particular examples are from PA but it is reasonable to assume the same types of
statements, misrepresentation of the facts, and high pressure tactics are being used
in West Virginia. I attempted to confirm this by asking discovery question R23 in
Hildebrand’s First Set of Discovery Requests. TrAILCo objected and said they
were “entirely irrelevant to the Commission ’s consideration of request for
TrAIL. ” If unlawful practices by agents employed by TrAIL are also occurring in
West Virginia, these may be highly relevant to the Commission.
Q. YOU STATED TRAIL IS NOT NEEDED. PLEASE EXPLAIN.
A.
1) Mr. George C. Loehr testified in Pennsylvania as a subject matter expert and he has
over 40 years experience in electrical reliability. In his direct testimony before the PA
Public Utility Commission. Mr. Loehr concludes,
“I can unequivocally state that the proposed TrAILCo Project is not needed to
address reliability issues. ’’
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