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

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West Virginia public outweigh any possible anticipated benefits. For these reasons, and
not withstanding my belief that TrAILCo is not a West Virginia public utility as was
envisioned by West Virginia statute, TrAILCo’s request for permit should be denied
under $24-2-1 1 of Public Service Law.
Procedurally, TrAILCo has failed to meet several of the requirements detailed in the West
Virginia Public Service Commission ’s Rules and Regulations for the Government of
Electric Utilities.
Q. WHY DO YOU SAY TRAILCO FAILED TO MEET THE REQUIREMENTS IN
WV PSC “RULES AND REGULATIONS FOR THE GOVERNMENT OF ELECTRIC
UTILITIES?”
A. I cite the following examples and references to the Rules and Regulations for the
Government of Electric Utilities:
1) Para 9.2.1 .d states the following shall be included in the application
“evidence that the same (chemical spray used to keep rights of way clean and
pee of brush and trees and chemical contents contained) will not be injurious to
animals, humans, or vegetation beyond said right of way. ”
For instance, in Attachment 2*, TrAILCo responded to Hildebrand’s First
Discovery Request, Question R24 and disclosed that approximately 100,000
gallonshnits of herbicides were applied along transmission lines in West Virginia
from 1998-2006.2 I do not believe TrAILCo’s application contained sufficient
studies to establish the effects these applications could have on personal water
supplies, rivers, and streams. I do not believe TrAILCo has adequately shown
that no possible correlation exists between chemical applications and adverse
’ For brevity, I’ve only included the cover letter of Hildebrand Discovery Request. Full filing is available
upon request.
’ 1997 data was incomplete due to data loss resulting from company computer problems and 2007 data was
not provided.
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