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State Bar No. 694

VIA HAND DELIVERY

Ms. Sandra Squire Executive Secretary Public Service Commission of WV P. 0. Box 812 Charleston, WV 25323

Re:

CaseNo. 10-

AES Laurel Mountain, LLC, Application for Waiver of Siting Certificate Modification Requirements or, in the Alternative, for a Modification to Siting Certificate and Related Requests for Relief

/8&/

-E-CS-PC

Dear Ms. Squire:

Enclosed for filing are an unbound original and twelve bound copies of the “Application for Waiver of Siting Certificate Modification Requirements or, in the Alternative, for a Modification to Siting Certificate and Related Requests for Relief’ (“Application”), which are hereby submitted for filing by AES Laurel Mountain, LLC (“AES”). Also enclosed is a CD containing copies of the documents that comprise the Application, each in PDF format. A notice of intent to make this filing was previously submitted to the Commission on October 13, 2010, and a copy of that notice is included as Exhibit 7 to the Application.

In the Application, AES outlines its proposal to install an energy storage device (“ESD”) at the site of its certificated 125 MW Laurel Mountain Wind Power Project (“Project”) that is currently under construction in Barbour and Randolph Counties, West Virginia. As explained in the Application, the ESD will not constitute a material modification to the Project. For that reason, AES requests that the Commission waive the requirement that it obtain a modification or amendment to the siting certificate issued for the Project. In the alternative, if the Commission should determine that a modification or amendment to the AES siting certificate is nevertheless required, AES requests that the Commission grant such a modification or amendment and waive certain filing requirements under the Commission’s Rules Governing Siting Certijkatesfor Exempt Wholesale Generators (“Siting Rules”).

(Cl912548.I}

Clluksburg, WV

Mminsburg, WV WV

Mminsburg, WV

Morgantown, WV

Morgantown, WV
 

Wheeling, WV

Denver, CO

Lexington. KY KY

Lexington. KY

Piasburgh. PA

Piasburgh. PA

Washington, DC

Ms. Sandra Squire November 29,2010 Page 2

Siting Rule 6.5 specifies that any application for modification or amendment of a siting certificate be accompanied by an application fee in an amount equal to the greater of $1,000 or one tenth of one percent (.001) of the projected capital cost of the proposed modifications, which would be $28,800 based on the $28.8 million estimated cost of the ESD. In light of the fact that a filing fee in any amount will be required only if the Commission determines that a waiver of the requirement to obtain a modification or amendment to the AES siting certificate is unwarranted, a check payable to the Commission in the amount of the minimum filing fee of $1,000 is enclosed in a sealed envelope attached to the original Application. It is requested that the Commission hold the check in escrow and deposit the check only if it does not grant AES’s request for a waiver of the requirement to obtain a modification or amendment of its siting certificate. In that event, AES will promptly submit the balance of any additional filing fee that may be required at that time.

The substation of the Project is to be energized in April 2011 with commercial operation in June 201 1. Installation of the Storage Device is expected to take approximately four months and therefore must begin no later than February 1, 201 1. Accordingly, AES respectfully requests that the Commission retain this case and grant it expedited consideration in accordance with the Commission’s applicable procedures. I

Please file the original enclosed Application and the sealed envelope containing the application fee and distribute the enclosed twelve copies of the Application to the appropriate parties at the Commission. We also ask that you date stamp the additional copies provided and return them with our messenger. As always, we appreciate your cooperation and assistance.

SNCIdmb Enclosures Barry Sweitzer Piers Lewis

cc:

{C1912548.1}

Sincerely,

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON

CASE NO. 10-

-E-CS - pc

Application of AES Laurel Mountain, LLC for Waiver of siting certificate modification requirements or, in the alternative, for a siting certificate modification for the installation of an energy storage device at the site of the Laurel Mountain Wind Power Project and related requests for relief.

APPLICATION FOR WAIVER OF SITING CERTIFICATE MODIFICATION REQUIREMENTS OR, IN THE ALTERNATIVE, FOR A MODIFICATION TO SITING CERTIFICATE AND RELATED REQUESTS FOR RELIEF

AES Laurel Mountain, LLC (“AES”), by counsel, respectfully requests that the

Commission waive any requirement that AES obtiin a modification or amendment to its existing

siting certificate (“Certificate”) in connection with the planned installation of an energy storage

device (“ESD’) at its 125 Megawatt (“MW’) Laurel Mountain Wind Power Project (“Project”)

that is currently under construction in Barbour and Randolph Counties, West Virginia.

AES

represents that the ESD will not constitute a material modification to the Project in that it will not

alter the design, change the footprint, or increase the transmission or generation of the Project,

nor will it materially affect the viewshed impacts, sound levels, emissions or other environmental

impacts of the Project.

In the alternative, if the Commission determines that a modification or

amendment to AES’s Certificate is required, AES requests that the Commission grant the

necessary

modification

or

amendment

at

its

first

opportunity

and

waive

certain

filing

requirements under the Commission’s Siting Rules as requested in Exhibit 6 hereto.

AES also

requests that the Commission retain this Application for decision, and accord it expedited

(Cl918361.3)

consideration in accordance with the Commission’s applicable procedures.

requests for relief, AES states as follows:

1.

Introduction

In support of these

1. The name and address of the applicant, and the name, address, telephone number,

fax number and e-mail address of a responsible official of the applicant are as follows:

AES, Laurel Mountain, LLC 4300 Wilson Boulevard Arlington, Virginia 22203

Responsible official:

Barry Sweitzer 86 Baltimore, Street Suite 300 Cumberland, Maryland 2 1502 Telephone: (301) 777-9754 Fax: (301) 777-9756 E-mail: barry.sweitzer@AES.com

2. The names, mailing address, e-mail addresses and telephone and fax numbers of

the attorneys for AES are:

Christopher L. Callas, Esq. (WVSB No. 5991) Stephen N. Chambers, Esq. (WVSB No. 694) Jackson Kelly PLLC 1600 Laidley Tower P.O. Box 553 Charleston, WV 25322 (304) 340-1000 (office) (304) 340-1080 (facsimile) ccallas@jacksonkelly.com

3. By Commission Order entered on November 26, 2008, in Case No. 08-0109-E-CS

(“Certificate Case”), the Commission granted AES the Certificate for the construction and

operation of the Project, The Project involves the construction of a $250 million, 125 MW wind

turbine wholesale electric generating facility consisting of up to 65 wind turbines situated on an

{e1918361.3)

21

eight-mile stretch of the Laurel Mountain ridgeline lying about three miles east of Belington in

Barbour County and three miles northwest of Elkins in Randolph County.

The Project is

currently under construction, with Project roads and civil work nearing completion and wind

turbines scheduled for installation beginning late this year and continuing through the second

quarter of 201 1.

The Project substation is scheduled to be energized in April 201 1, with

commercial operation to commence in June 201 1.

4. The Project is bisected by an existing Allegheny Power 138 kilovolt overhead

transmission line that crosses Laurel Mountain at about the midpoint in the string of wind

turbines.

An approved interconnection substation is being constructed at the point where the

I

Allegheny transmission line crosses the Project to permit the energy generated by the Project to

enter the transmission grid. Subject to the Commission’s determinations in this proceeding, AES

intends to construct the ESD on a fenced-in parcel of land either directly adjacent to the

interconnection substation or in close proximity thereto and will connect the ESD to the

I

Allegheny transmission line through the Project switchyard. An aerial photograph of the site of

the interconnection substation showing the locc!tion

location of the ESD is attached as Exhibit 1.

11. Description of the ESD

of the substation and the approximate

5. The ESD will have a combined nominal output of 32 MW, comprised of eight 4

I

MW modules consisting of lithium-ion batteries, inverters, transformers and cooling systems.

The lithium-ion batteries used in the ESD are about the size of a standard “D” cell flashlight

battery and are the same kind of batteries used worldwide in a variety of applications, including

cordless power tools and battery powered or hybrid vehicles.

The batteries are grouped into

battery packs or modules that are loaded into trays and the trays are mounted in floor-to-ceiling

(C1918361.3)

31

racks inside a standard shipping container (53’long, 8’ wide and 9-1/2’ tall).

Photographs of

batteries, a battery pack and tray, racks and a shipping container similar to what will be installed

at the Project site are attached hereto as Exhibit 2. Each 4 MW module includes:

two standard shipping containers housing the battery packs;

two standard shipping containers housing the battery packs;

a

single 20’ long shipping container that houses bidirectional inverters to convert

power between direct current and alternating current;

a chiller to cool the battery containers; and

a chiller to cool the battery containers; and

a transformer to change the alternating current for the inverter.

a

transformer to change the alternating current for the inverter.

A diagram showing a typical side-by-side layout of two 4 MW modules is attached as Exhibit 3.

In addition, there will be a small control house, main transformer, and row of switchgear.

Photographs of an existing AES ESD installation in Chile are attached as Exhibits 4-1 and 4-2.

Exhibit 4-1 is an aerial photograph showing the containerized storage modules in a single row to

the left and an adjacent substation on the right.

Exhibit 4-2 consists of two ground-level

photographs. One photograph shows a row of shipping containers in which batteries are housed,

with a chiller unit in the foreground. This photograph, as well as Exhibit 4-1 also shows what

resembles a sidewalk extending along the row of battery containers. This is actually the surface

of an underground raceway that carries power cables to the main power transformer. The other

photograph in Exhibit 4-2 shows, in the foreground, an isolation transformer, and in the

background, a chiller unit (evaporator and fan).

6. Installation of the ESD is expected to take approximately four months and AES is

seeking expedited review in this proceeding to enable construction to start by February 1, 201 1,

thereby permitting the ESD to come online at the same time that the Project is put into service.

The construction process will involve minimal initial site work due to the location of the ESD

{a918361.3)

41

adjacent to the site of the Project substation which is already under construction. Once the site is

prepared, foundations for the shipping containers and concrete pads for other components of the

ESD will be installed and the shipping containers and other components will then be trucked in

and offloaded onto the foundations. Conduits and wiring (mostly at grade or underground) will

be installed to connect the various components of the ESD and the ESD will be connected to the

substation via underground cables.

The site will be enclosed by security fencing, with locked

gates. Security lighting and cameras will be installed. Fire suppression systems will be included

in each of the battery storage containers and secondary containment will be installed for the oil-

tilled main power transformer to protect against an unexpected release of oil.

7. The purpose of the ESD is twofold: to regulate the “ramp rate” of the Project and

to provide automatic generation control (“AGC”). The Project will gain the capability to regulate

its own ramp rate, controlling the rate at which power output from the Project to the grid

changes.

Additionally, the AGC capability will enable the Project to provide the ancillary

service of “Regulation” by increasing or decreasing its power output. Regulation is supplied

primarily by dispatchable generators with AGC capability, but may also be offered by flexible

loads or energy storage devices. Regulation helps PJM Interconnection, L.L.C. (“PJM”), the grid

operator, to match generation levels with short-term changes in electricity use in order to

maintain stable grid frequency at 60.0 Hz. The resources selected to provide Regulation in each

hour earn a payment based on the amount of flexible capacity being provided. The market-based

payment to each resource, known as the “regulation market clearing price,” is determined hourly

by PJM based on the set of resources offering and clearing in the market. The Project will earn

revenue through its participation in the PJM Regulation market.

(C1918361.3)

The Project’s participation in

this market is authorized under the Project’s authorization by FERC to make sales at market-

based rates.

8. PJM has concluded an Interconnection Feasibility Study for the ESD, a copy of

which is attached as Exhibit 6-1, and is in the process of performing a System Impact Study,

which is expected to be completed in the first calendar quarter of 201 1. Given that no facilities

issues were noted in the feasibility study, it is reasonable to expect that PJM will determine that

no facilities study will be required after the System Impact Study is completed.

Following

completion of the System Impact Study, AES and PJM will revise the Project Interconnection

Services Agreement as necessary.

The Interconnection Services Agreement is expected to be

executed early in the second quarter of 201 1.

9. The estimated cost of the ESD is $28.8 million, which will be hnded entirely by

AES.

111. Immaterial Impact of ESD

10. The impact of the ESD on the Project is not material. Specifically:

(a) The ESD does not change the engineering design plans or generating

capacity of the Project.

No additional property is required for the ESD, which will fall within the

existing footprint of the Project. The ESD will occupy approximately 1.25

acres of land owned by AES directly adjacent or in close proximity to the

Project substation and within the limits of disturbance established for the

substation. Only minor changes or additions to roads constructed for the

(C1918361.3)

Project will be necessary for access to the ESD site.

61

Due to the short

installation schedule for the ESD, the volume and frequency of any

increased construction-related traffic will be minimal and short-lived.

The viewshed of the Project will be virtually unchanged. The total height

of

the

ESD

will

be

approximately

12-15’

above

grade,

which

is

significantly lower than portions of the adjacent substation.

An analysis of sounds associated with the components of the ESD has

determined that the ESD will have negligible effects on total Project sound

levels, with increases in total modeled Ldn sound levels at the closest

residences being less than 0.5 decibel. The projected sound impact of the

ESD was modeled under a worst case scenario with both the wind turbines

and the ESD operating at full load conditions, with all chillers and

isolation

transformers

running

and

the

main

transformer

plus

the

substation transformer running under second stage auxiliary cooling. The

results of the analysis are summarized on the attached Exhibit 6-3.

The ESD generates no emissions and will have no impact on air or ground

water quality.

Based on discussions with personnel of the West Virginia

Department of Environmental Protection (“WVDEP”), AES believes that

the NPDES permit issued for the Project will not need to be modified

because the construction of the ESD is not expected to exceed the existing

limits of disturbance at the site of the substation.

continue

to

consult

with

WVDEP

and

if

it

is

However, AES will

determined

that

a

modification of the Project NPDES permit will be necessary, AES will

promptly submit an appropriate request to WVDEP.

{C1918361.3)

7l

Nothing in the size, composition, location, operation or nature of the ESD

suggests that it will have any adverse impact on the environment, any

protected or endangered species, or any architectural or archaeological

resources in the area of the Project.

No additional environmental permits

are required either for the ESD or for the Project as a result of the ESD.

AES intends to use local electrical and mechanical contractors for the

installation of the ESD, ma y of whom are expected to be drawn tiom the

7

local area.

IV. Waiver Warranted Under Circumstances

11. Considering the totality of circumstances, the installation and operation of the

ESD should not be considered a “material” modification to the Project.

Installation of the ESD

will not alter the design, change the footprint, or increase the transmission or generation of the

Projcct, nor will it materially affect the existing viewshed, sound levels, emissions or other

environmental impacts of the Project.

In that regard, the relative impact of the ESD on the

Project is quite similar to the impact that a so-called “black start generator” installed by Big

Sandy Peaker Plant, LLC at its Wayne County, West Virginia gas-fired generating plant was

found to have on that facility.

In Case No. 06-1912-E-CS-PW, Bin Sandy Peaker Plant, LLC,

the Commission concluded that the construction of the generator was not material because it

would neither

modify

the

footprint

of Big

Sandy’s generation

facility, nor

increase

the

transmission or generation of the facility, nor require any modification to the facility with a

potential environmental impact.

The Commission further found that the generator would not

materially affect the viewshed impacts, noise levels, emissions or other environmental impacts of

{C1918361.3}

8

the Big Sandy power plant.’

Similarly, in Case No. 05-1467-E-CN, Longview Power, LLC, the

Commission found that a proposed increase in the generating capacity of a coal-fired plant from

600 MW to 695 MW was not a material modification to Longview Power’s siting certificate,

subject to a number of conditions, including that there be no change in the footprint or layout of

the facility, the switchyard or transmission line, and stack height, as well as no need for

additional environmental permits or modifications to existing permits and subject to continued

compliance with operational noise levels set forth in Longview’s siting certificate.2 Again, the

factors considered by the Commission in Longview, when applied to the facts of this application,

clearly support the issuance of a waiver of the requirement that AES obtain a modification or

amendment to its siting certificate.

V. Request for Alternative Relief

12. If the Commission should determine that the installation of an ESD requires AES

I

to obtain a modification or amendment to the Certificate, AES requests that the Commission

grant the modification or amendment for the reasAns set forth above and in the attached Exhibit

6.

I

13. Attached as Exhibit 5 hereto is an qpplication for Modification to or Amendment

of a Siting Certificate in the form of Form No. 3 attached to the Commission’s Rules Governing

Siting; Certificates For

Exempt Wholesale Generators (150CSR30) (“Siting Rules”).

Also

attached as Exhibit 6 is a table setting forth (i) the filing requirements of Siting Rules 3.1.a.

through 3.l.p.

and (ii) either the corresponding required information, a notation that the

particular information is not applicable under the circumstances, or a request for a waiver of the

requirement for the reasons indicated.

I Case No. 06-1912-E-CS-PW, Big Sandy Peaker Plant, LLC (Commission Order entered on January 30,

2007)

2 Case No. 05- 1467-E-CN, Longview Power. LLC (Commission Order entered on February 16,2007).

(C1918361.3)

VI.

Pre-Filing and Notice Requirements

14. Siting Rules 2.1 and 2.2 require that the Commission be given at

east 30 days

advance notice of an intended application for a siting certificate and that, upon filing of the

application, a notice of the filing on Form No. 2 be published.

However, Siting Rules 6.1

through 6.5 concerning modification or amendments to previously-issued siting certificates do

not contain any pre- or post-filing notice or publication requirements.

Nevertheless, on October

13, 2010, Counsel for AES filed a letter with the Commission advising it of the intent of AES to

file this application.

A copy of this letter is attached hereto as Exhibit 7.

In addition, AES

representatives and counsel previously met with the Commission Staff to describe the ESD and

the filing of this application.

VII. Application Fee

15. Siting Rule 6.5 specifies that any application for modification or amendment of a

siting certificate be accompanied by an application fee in an amount equal to the greater of

$1,000 or one tenth of one percent (.001)

of the projected capital cost of the proposed

modifications ($28,800 in this case).

In light of the alternative relief requested herein, a check

payable to the Commission in the amount of $1,000 in payment of the minimum application fee

is being submitted with the filing of this application.

It is requested that the Commission hold

the check in escrow and deposit the check only if it does not grant AES’s request for a waiver of

the requirement to obtain a modification or amendment of its siting certificate.

WHEREFORE, AES prays that the Commission (i) waive any requirement to obtain a

modification or amendment to its Certificate to install and operate the ESD; and (ii) hold in

escrow the application fee for the reasons identified in paragraph 15 above.

In the alternative,

AES prays that the Commission (i) grant the waivers of certain filing requirements as specified

((21918361.3)

in Exhibit 6 hereto; and (ii) grant a modification or amendment to the Certificate to permit the

installation and operation of the ESD at the Project.

In either case, AES requests that the

Commission grant such other and further relief as it may deem appropriate and that it retain this

application and accord

it

expedited

applicable procedures.

consideration

in accordance with the Commission’s

Respectfully submitted this 2gthday of November, 2010.

JACKSON KELLY PLLC P. 0. Box 553 Charleston, WV 25322

(304) 340-1000

Counsel for AES Laurel Mountain, LLC

{C1918361.3)

AES LAUREL MOUNTAIN, LLC

I

By Counsel

I

11

STATE OF MARYLAND,

VERIFICATION

COUNTY OF ALLEGANY, To-Wit:

Bany Sweitzer, Vice President of AES Laurel Mountain, LLC, being duly sworn, says that the facts and allegations contained in the foregoing Application are true, except so far as they are therein stated to be on information, and that, so far as they are therein stated to be on information, he believes them to be true.

[C1909592.1)

KRISTEN MABEE

Notary Public

Allegany County

Maryland

Taken, sworn to, and subscribed before me this

is day of November, 2010.

My commission expires

Q-L.27,aor.

' Notary Public

Index of Exhibits

Exhibit I

Aerial Photograph of Site of Interconnection Substation and ESD

Exhibit 2

Photographs of Batteries and Battery Containers

Exhibit 3

Diagram of Layout of Two 4 MW Modules

Exhibits 4-1 and 4-2

Photographs of AES ESD Installation in Chile

Exhibit 5

Form No. 3 -- Application for Modification to or Amendment of a Siting Certificate

Exhibit 6

Table of Material Modification Siting Requirements and Responsive Information or Requests for Waiver

Exhibit 6- 1

PJM Feasibility Study Report

Exhibit 6-2

Gantt Chart of ESD Project Schedule

Exhibit 6-3

Results of ESD Noise Analysis

Exhibit 7

Copy of Pre-Filing Letter Dated November 22,2006

(C1918361.3)

12

Exhibit 1

The Energy Storage Device would be located on just over one acre of land next to the substation

4

@AES

thepowerof beingglobal

Approximate Location of Energy Storage Device

e Project Substation

I

0 2010 The AES Corporation, All rights reserved.

Exhibit 2

I--

Batteries on the Grid

Cells

Racks

Modules

w

@AES

Trays

Q 2010 The AES Corporation,All rights reserved.

Exhibit 3

4 MW Modile Layout Two Modules Shown Side by Side 8 total for 32 MW Device

3'-0

lpf

DISTRIBUTION\

POWER PANF'

I5ULATI ON

BATTERY

CONTAINER

TR ANSFDR MER

1

lrl'

BATTERY

CONTAINER

FENCE1-

T

12 MW Los Andes, Chile

(in operation)

I

Exhibit4-1

lllll

llllll

I1

Exhibit 4-2

Exhibit 5

[Form No. 3)

STATE OF WEST VIRGINIA PUBLIC SERVICE COMMISSION CHARLESTON

CASE NO. 10-

Application of AES Laurel Mountain, LLC for modification to or amendment of an existing electric generating facility siting certificate in the counties of Barbour and Randolph

-E-CS

APPLICATION FOR MODIFICATION TO OR AMENDMENT OF A SITING CERTIFICATE

Comes now the above-named AES Laurel Mountain, LLC, the applicant herein, by counsel, and respectfully shows the Commission as follows:

I

1. That the name and address of the applicant is AES Laurel Mountain, LLC,

4300 Wilson Boulevard, Arlington, Virginia 22203.

2. That the applicant proposes to install an energy storage device (“ESD”) at

its 125 MW Laurel Mountain Wind Power Project (“Project”) that is currently under construction in Barbour and Randolph Counties, West Virginia. See generally the “Application for Waiver of Siting Certificate Modification Requirements or, In the Alternative, for a Modification to Siting Certificate and Related Requests for Relief’ to which this Form No. 3 is attached as Exhibit 5 (“Application”).

I

3. Upon information and belief, a copy of the Certificate of Authority issued

by the West Virginia Secretary of State on January 15, 2008, authorizing the applicant to do business in West Virginia was previously filed with the Commission as part of Case No. 08-

0109-E-CS. The applicant remains in good standing and authorized to do business in West Virginia and requests that the Commission waive any requirement to submit any additional copies of its Certificate of Authority in this proceeding.

4. Commission approval of the requested modification or amendment should

be granted for the reasons set forth in the Application.

Dated this 29thday of November, 2010.

{C1905371.1}

AES LAUREL MOUNTAIN, LLC

By Counsel

Stephen N.Chambers (State Bar ID 694) JACKSON KELLY PLLC P. 0. Box 553 Charleston, WV 25322 (304) 340-1000 Counsel for AES Laurel Mountain, LLC

[Verification Included With Application]

Exhibit 6

Applicability of, Compliance With or Request for Waiver of Filing Requirements of Siting Rules 3.1.a Through 3.1.p.

(Capitalized terms have meanings ascribed to them in the Application)

$150-30-3. Application

3.1.a

File a Project summary/facility overview to include:

1, A general purpose statement;

2. Reasons for selection of the proposed site including the principal

environmental and socio-economic considerationsof the proposed site;

3. A description of the proposed facility;

(C1905369.2)

1

The purpose of the ESD is to regulate the ramp rate of the Project and to supply ancillary services to the wholesale energy market. Not applicable. The ESD will be located on the site of the Project constructed and operated pursuant to the prior authorization of the Commission granted in the Certificate Case. The ESD will have a combined nominal output of 32 MW, comprised of eight 4 MW modules consisting of lithium-ion batteries, inverters, transformers and cooling systems. Each 4 MW module consists of two standard shipping containers housing battery packs, a single 20’ long shipping container housing inverters, a chiller to cool the battery containers, and a transformer to change the alternating current for the inverter. In addition there will be a small control house, main transformer, and row of switchgear. The ESD will be located on approximately 1.25 acres of property adjacent to the

Exhibit 6

~~

4. A list of all required government (state, local,-federal) approvals

and/or permits for the facility, and the filing status of each;

5. A description of any court litigation formally noticed involving

the project and copies of all relevant pleadings and court orders in such proceedings; and

{C1905369.2)

2

Project interconnection substation that is located where the Project is intersected by a 138 kV Allegheny Power transmission line. Based, in part, on consultation with personnel of the West Virginia Department of Environmental Protection, the applicant does not believe that any further permits or permit modifications are required. By Order of the West Virginia Supreme Court of Appeals (“Court”) entered on June 3, 2009, the Court refused the Petition of Appeal by Laurel Mountain Preservation Association, Inc. (“LMPA”) of the final order of the Commission in the Certificate Case granting AES a siting certificate for the Project.

On July 6, 2010, LMPA filed an Application to reopen the Certificate Case. On the same date, a Notice of Violations (“NOV”) of the Endangered Species Act (“Act”) was filed with the Commission in the Certificate Case by a group of individuals and entities (“NOV Filers”). At the conclusion of the NOV, counsel for the NOV Filers asserted that if certain requested actions were not taken, the NOV Filers would “consider all available avenues, including litigation” to protect certain species of bats pursuant to the Act.

To the best of the knowledge of AES as of the date of the filing of this Application, (i) the Application to reopen the Certificate Case has yet to be decided by the Commission and (ii) AES has not been served with, or provided with any formal or informal notification of, the filing of any court

Exhibit 6

litigation pertaining to the Project or the ESD.

 

6.

An explanation of the project schedule.

Installation of the ESD is expected to begin on 01 about February 1, 2011, and be concluded in time for the ESD to be operational in June, 2011

3.1.b

A

statement explainingthe need for the facility with references to any

Waiver requested. The need for the Project was

available long term electric supply and demand projections, and any other rationale for building the facility.

established in the Certificate Case. The need for the ESD is explained in paragraph 7 of the Application and is also set forth above in response to Rule 3.1.a. 1.

3.l.c

Facility Description.

1.

Where applicable,for each generationunit,describe thetype of

Gencrally Not

Applicable.

See response to 3.1 .a.3

unit, estimated net demonstrated capability, heat rate, expected annual capacity factor and expected hours of annual generation for each year of the first five years of operation.

above.

2. Provide total facility land area requirement.

The ESD will occupy approximately 1.25 acres 01 land owned by AES and entirely within the footprint of the Project.

3. Where applicable,provide fuel quantity.Indicate the maximum

Not Applicable.

amount of fuel expected to be consumed in one hour and the expected

amount of fuel consumedper year.

4. Provide fuel quality. Indicate expected fuel characteristicssuch as ash, sulfur and btu value.

Not Applicable.

5.

Fuel Transportation. Indicate the expected mode of fuel

Not Applicable.

transportation. List the location(s) of the expected fuel source(s).

Indicate the expected route(s) fi-omthe fuel source(s) to the plant.

{C1905369.2)

3

Exhibit 6

6.

Fuel Storage. Indicate how much, if any, fuel will be stored on

Not Applicable.

and off site. Discuss the details of such storage arrangements including the expected number of days of fuel to be stored.

7.

Provide a list of expected air andwater emissions and,for each-

Not Applicable.

emission, the name of the federal and/or state regulatory authority from

which a permit must be obtained, or, a statement that no permits from other federal and/or state regulatory authorities are required for that emission. If permits from other authorities are not required, state the expected impact of such emissions.

8.

Explain water requirement, source of water, treatment, quantity

Not Applicable.

of any discharge and names of receiving streams.

9. Provide a summary description of other major equipment,

including any significant safety equipment, e.g., fire fighting

equipment.

3.1.d

Submit all interconnectionstudies necessary for facility.

(C1905369.2)

4

All of the significant equipment is described in 3.1.a.3 above and in paragraph 5 of the Application. Each shipping container will be equipped with a fire suppressionunit.

The PJM Feasibility Study Report for the ESD is attached as Exhibit 6-1. A System Impact Study is currently being conducted and is expected to be completed in the first calendar quarter of 2011. When it is available, the System Impact Study will be submitted to the Commission. Given that no facilities issues were noted in the feasibility study, it is anticipated that no facilities study will be required by PJM following completion of the System Impact Study. However, if a facilities study is required, it will be promptly submitted to the Commission when available.

Exhibit 6

3.1.e

Provide proposed project schedule in a Gantt Chart, including the critical path and covering all applicable major activities and milestones, including:

See attached Exhibit 5-2.

 

1. Acquisition of land and/or land rights;

Not applicable. ESD to be located on site of the

2. Submittal of the application and receipt of a Public Service

Project. Application filed on November 29, 2010. Waiver,

Commission Siting certificate;

or modification to or amendment of siting certificate, requested in time to permit installation to begin on or about FebruaIy 1,2011.

 

3.

Submittal and receipt of all required approvals andor permits

See response to 3.1.a.4.

from other governmental (state, local, federal) agencies (See Rule 5.l.a.). Include a statement of the current status of such submissions

and receipts including copies of any correspondence from agencies addressingthe status of such applicationsor permits;

 

4.

Preparation of the final design;

Final design of ESD expected to be Completed prior

5. Construction of the facility; and

to the end of2010. Installation of ESD expected to begin on or about February I, 2011, and be completed on or about

 

June

1,201 1.

 

6.

Placement ofthe facility in service.

ESD expected to be put in service on or about June,

 

2011.

3.1.f

Describe the impact of delays on the eventual in-service date.

Delays in putting the ESD in service will deprive the grid operated by PJM and the generating facilities connected thereto of the benefits of the frequency regulation capabilities of the ESD.

3.1.g

Technical data:

1. Site. Information on the location, major features, and the

topographic, geologic, and hydrological suitability of the selected site.

{C1905369.2}

5

Not applicablelwaiver requested. The ESD is to be located on the site of the Project. Installation of the ESD will have no geologic or hydrological impact on the site.

Exhibit 6

2. An aerial photograph for a one-mile radius from the facility.

3. Design and construction. Provide plan and elevation view engineering drawings based on information on the proposed layout on the most current engineering design plans for the facility, depicting the major structures and installations.

~~

4. Site activities. Describe the proposed site preparation and

reclamation operations, including: test boring; removal of vegetation;

grading and drainage provisions; access roads; removal and disposal of debris; and post-construction reclamation.

5. Plans for construction. Describe the proposed construction

sequence based on engineering design plans filed pursuant to this

section.

6. Structures. Describe all major proposed structures, including

estimated overall dimensions; construction materials; color and texture of facing surfaces; any unusual features; transmission towers; and security facilities.

7. Future glans. Statement whether applicant intends to be the entity

(C1905369.2)

6

Not applicable/waiver requested. The ESD is to be located on the site of the Project. Interim waiver requested. The final siting and design of the ESD are in progress and engineering drawings are expected to be available by the end of 2010 and will be filed with the Commission when available. Only minimal site preparation will be required as the ESD is being located in close proximity to the Project’s interconnection substation on land that is being cleared and graded for or in connection with the substation. See Exhibit 6-2.

The ESD will be comprised of eight 4 MW modules consisting of lithium-ion batteries, inverters, transformers and cooling systems. Each 4 MW module includes: (i) two standard 53’ long shipping containers housing the battery packs; (ii) a single 20’ long shipping container that houses inverters to change the battery power from direct current to alternating current; (iii) a chiller to cool the battery containers; and (iv) a transformer to change the alternating current for the inverter. In addition there will be a small control house, main transformer, and row of switchgear. The shipping containers and control houses are prefabricated metal structures. These structures will contain fire suppression systems and will be enclosed by a locked security fence and protected by security cameras.

[t is currentlv the intent of AES to be the entitv that

Exhibit 6

,

that

will own and operate the facility into the future and a description of

will own and operate the ESD into the future. No

any

plans for future additions of generating units for the site, including

additional storage capacity is currently anticipated

the

type and timing; and the maximum generating capacity anticipated

for this site. Post useful life demolition, removal,

for

the site. The applicant shall describe post useful life demolition,

disposal and restoration plans for the ESD have not

removal, disposal, and restoration plans for facilities.

been developed. However, removal and disposal of

8. Equipment.

 

the self-contained ESD components would not be difficult and would not require any significant disturbanceto the remainder of the site. See response to 3.1.g.6 above and paragraphs 5 and

 

A.

Description of proposed major generating equipment.

7 of the Application.

B. Emission control and safety equipment. Description of all

proposed major flue gas emission control equipment, including tabulations of expected efficiency, power consumption, and operating

costs for supplies and maintenance; the reliability of the equipment and

the

reduction in efficiency for partial failure; the equipment proposed

for

control of effluents discharged into water bodies and receiving

streams; and all proposed major public safety equipment.

C. Description of any other major equipment not discussed

 

above.

 

5.l.h

Maps.

 

Not appIicable/waiver requested. The ESD will

 

1.

5-mile radius Map.

be located on the site of the Project and will not

2.24-2-l(c) generating facility Pre-constructionmap.

result in any additional material impact on

3.

1-Mile Radius Proposed 24-2-1(c) generating facility Map.

properties or persons in the area.

i.1.i

[mpact. Identify and describe the impact of the facility on any public utilities, including but not limited to water utilities, sewer utilities,

The ESD will have no impact on existing public otilities or solid waste facilities. The ESD will have

5lectric utilities, commercial solid waste facilities, natural gas utilities,

md

telephone utilities. The applicant shall further identifl and describe

2 positive impact on the electric grid operated by PJM Interconnection and the generating facilities

the

impact of the facility on other generating facilities whether or not

utility-owned.

connected thereto that will benefit from the frequency regulation capabilitiesof the ESD.

3.1.j

Rendering of project.

Waiver requested.

The ESD will be

located

{C1905369.2)

Exhibit 6

1. The applicant shall provide still renderings from all scenic

overlooks and project views that will be most evident to the public, and

which are accessible to the applicant, from which the 24-2-1(c) generating facility will be visible after construction.

2. Still renderings which show structures at ground level shall

include a scaled 6 foot tall figure in near proximity to such structures to

allow the viewer to clearly see the scale of the project structures.

3.1.k

Hydrology and wind.

1. Provide the natural and the man-affected water budgets,

including the ten-year mean and critical (lowest seven-day flow in ten years) surface flows and the mean and extreme water tables during the past ten years, to the extent records exist, for each surface water body and sub-surface water sources, likely to be directly affected by the proposed facility;

2. Provide an analysis of the prospects of floods and high winds

for the area, including the probability of occurrences and likely consequences of various flood stages and wind velocities, and describe

plans to mitigate any likely adverse consequences;

3.

Provide existing maps of aquifers which may be directly

affected by the proposed facility; and

4. A study of how the project and the water use identified in Rule

3.1.c.8. will affect the identified water sources.

3.1.1 Financial and Economic data.

1. Debt and Equity Capital.

A. Estimates of the amounts of debt and equity capital for the

project. These estimates shall include all capital that will support the

construction of the project and all permanent sources of capital, if

{Cl905369.2}

8

adjacent to the site of the interconnectionsubstation for the Project. Due to the relatively small size of the ESD and its low profile (12’-15’ in overall height) in comparison to the wind turbines and the substation, it will not have any material impact on Project views.

Waiver requested. The ESD will be located on the site of the Project and will have no additional impact on hydrological resources.

Waiver requested. The ESD will be located on the site of the Project and will have no additional impact on hydrological resources.

Waiver requested.The ESD will belocated on the site of the Project and will have no additional impact on hydrological resources. Waiver requested. The ESD will be located on the site of the Project and will have no additional impact on hydrological resources.

AES will pay the entire estimated $28.8 million cost of the acquisition and installation of the ESD and no separate financing (public or private) will be required. No construction or bridge financing is

Exhibit 6

different than construction financing. Any temporary, interim or bridge financing, whether related to the construction phase of the project or otherwise, must be fully disclosed.

B. Describe any agreements with public entities and whether

such agreements would transfer to a future purchaser(s) of the facility. C. If the project will have any funding from public sources, either initially or in the future, the amount and terms for such funding must be fully disclosed. Such disclosure shall include a listing of each source of public funding, a description of the public funding and a copy of the written agreement(s) setting forth the terms and conditions for the public funding. The disclosure shall include reasonable estimates of the amount of taxes the applicant would pay if, hypothetically, the applicant constructed and operated the facility without the benefit of any agreements abating taxes.

2. Pro forma financial statements. Provide pro forma financial

statements palance Sheet, Funds Statement and Income Statement) for each year of the start-up phase (project development and construction) and for the first five years of operation of the proposed project. The financial statementsmust disclose all assumptions.

3. Local and State Economic Impact. Provide estimates of the

effect of the project on the local and state economy as well as the model used to derive the estimates. Such estimates shall cover the construction

phase of the project and the ongoing impacts after construction. Such estimates shall include but not be limited to: (i) the impact on local employment (including the number of added man-hours, jobs and expected payroll value of added jobs), both directly and indirectly related to the project; (ii) the impact on all local and state taxes (including gross tax amounts and net amounts if any abatement agreements apply), both directly and indirectly related to the project; (iii) the impact on local commercial business activity including

{C1905369.2)

9

anticipated.

Waiver requested. The ESD will not have any adverse affect on the financial or operational capabilities of either AES or its operation of the Project.

~~

Waiver requested for the detailed economic impact information set forth in this rule. Although not formally evaluated and quantified, AES’s investment in construction and operation of the ESD is expected to have a positive economic impact on the state and local economy similar in nature, and roughly proportional in amount, to the positive economic impacts associated with AESs investment in the Project itself.

Exhibit 6

3.1.m

tourism; (iv) the impact on area property values; (v) the impact on existing infiastructure; (vi) the impact on per capita income in the local area and the region; and (vii) the impact of lost opportunity(ies) as to

the facility is proposed to be

alternative use(s) of the land upon which built.

4. Regional development impact. The applicant shall describe the

impact of the proposed facility on regional development.

Environmental data.

The ESD will not have any measurable impact on regional development that is separate and apart fiom the impact of the Project.

1. Species.

Waiver requested. The ESD will not add to or change the impact, if any, of the Project on any species.

2.

Species - Wind powered electric generation facilities only.

Waiver requested. The ESD will not add to or

3. View.

change the impact, if any, of the Project on any species. Waiver requested. The ESD will not cause any material change in the existing view of the site. See Application at paragraph lO(c).

4. Noise.

Waiver requested.

A. Preconstruction. Provide a noise exposure map of the noise

present prior to construction. Said map will contain contour lines of equal noise at and up to one mile fiom the facility’s property line.

[Details for base line study found in PSC Rules.] The map shall show all existing structures within one mile of the facility’s property line and shall indicate whether such structure is residential, commercial or industrial. Current land uses shall also be designated.

B. Construction. Provide (with Application filing) a predictive

noise study as to construction noise which shall address: (i) Dynamiting

activities; (ii) Operation of earth moving equipment; (iii) Driving of

piles; (iv) Erection of structures; (v) Truck or other traffic;

Installation of equipment. [Details for predictive noise study found in

(vi)

(C1905369.2)

10

A. The site of the ESD is within the footprint of the

Project; therefore, there is no change to the noise exposure map submitted in the Certificate Case.

B. Construction noise will be no greater than the

noise associated with construction of the interconnection substation.

C. An analysis of sounds associated with the components of the ESD has determined that the ESD will have negligible effects on total Project sound levels. with increases in total modeled Ldn

Exhibit 6

PSC Rules.]

C. Operation. Provide (with Application filing) a noise exposure

map of the noise expected to be present during operation. Said map will contain contour lines of equal noise at and up to one mile from the facility’s property line. [Details for noise exposure map found in PSC

Rules.]

5. Traffic

A. Preconstruction. Describe existing pre-construction traffic near

the site to provide baseline traffic calculations.

B. Construction. Describe the traffic levels expected on roads

nearest the property boundary, any increased traffic expected within a 1-mile radius of the proposed facility, any increased traffic levels

expected within a 5-mile radius of the proposed facility, and any plans to mitigate the impact of increased traffic with respect to traffic sensitive areas within a 5-mile radius of the proposed facility during construction.

3.1.n

C. Operation.

Land Uses. In the application, estimate the impact of the proposed facility on the land uses depicted on the map required in Rule 3.1.h.l., identify stmctures that will be removed or relocated, describe formally adopted plans for future use of the site and surrounding lands for anything other than the proposed facility, and describe plans for concurrent or secondary uses of the site.

(C1905369.2)

11

sound levels at the closest residences being less than 0.5 decibel. The projected sound impact of the ESD was modeled under a worst case scenario with both the wind turbines and the ESD operating at full load conditions, with all chillers and isolation transformers running and the main transformer plus the substation transformer running under second stage auxiliary cooling. The results of the analysis are summarized on the attached Exhibit 6-3.

Waiver requested. The impact on local traffic will be minimal during the short installation period. Following installation, there will be no impact on local traffic.

Waiver requested.

on the existing or foreseeable future uses of the site or surroundingproperty.

The ESD will have no impact

Exhibit 6

3.1.0

Cultural impact.

Waiver requested. Installation of the ESD will not

1. Landmarks.

change the cultural impact, if any, of the Project.

2.

Recreation areas.

3.l.p

Public responsibility. Describe any program for public interaction planned for the siting, construction, and operation of the proposed facility, i.e., public information programs; and describe any insurance or other corporate programs for providing liability compensation for damages to the public resulting from construction or operation of the proposed facility.

Waiver requested. In light of the exceedingly minor impact of the ESD in relation to the Project, no program for public interaction is proposed. AES maintains adequate policies of insurance and loss control programs to sufficiently protect the public against the risk of any damage to property or person arising from the installation or operation of the ESD.

{C1905369.2)

12

Exhibit 6-1

Generation Interconnection

Feasibiiity Study Report

For

PJM Generution Interconnection Request

Queue Position W2-057

Laurel Mountuin Project

D PIM Interconnection2010.All rightsreserved.

PJM DOCS No. 617880~1

October, 2010

Exhibit 6-1

Overview

Interconnection Customer (IC), AES Lauren Mountain, LLC, has submitted an Attachment N to

propose the interconnection of 32 MW ofbattery storage on a tract of land at the site of the PJM

Queue number P-59Belington 138kV (Leadsville) Project for the purpose of

PJM Regulation and energy markets via the Allegheny Power network This project was studied as an injection into the same POI used by the P59 project. Since it was stated at the Feasibility Kick-off meeting that the maximum amount ofwind at this site will be 91.5 MW, the addition of 32 MW of battery storage at this site therefore fell under the 125 MW energy and 25 MW of

Capacity stipulated under the existing P59 ISA. The Commercial Operation date for this project was requested to be October 30,2010. The analysis was performed using a 2014 base year

participation in the

PJM Reoort on the Transmission System

This portion of the report addresses the impacts on and the required reinforcementsto that part of the transmission system under PJMjurisdiction.

Network Impacts

Queue project W2-057 was studied as a 32.0MW (0 MW of which was Capacity) injection into the 34.5kV collector bus to be constructed by AES for the P59 Belington 138kV (Leadsville)

wind project. Project W2-057 was evaluated for compliance with reliability criteria fbr summer

peak

conditions in 2014. Potential network impacts were as follows:

GeneratorDeliverability (Single or N-1 contingenciesfor the Capacityportion only of the interconnection)

No problems identified.

Multide Facilitv Contiwemy (Double Circuit Tower Line Contingencies only with full energy output. Stuck Breaker and Bus Fault contingencieswill be applied during the Impact Study)

No problems identified.

Contribution to PrevioushrIdentified Overloads (Overloads initially caused by prior Queue positions with additionalcontribution to overloading by this project. This project may have % allocation of cost responsibility which will be calculated and reported for the Impact Study.)

No problems identified.

0 PJM Interconnection2010.All rights reserved.

Exhibit 6-1

New Svstem Reinforcements (Upgrades required to mitigate reliability criteria violations, i.e. "Network Impacts", initially caused by the addition of this project generation)

None.

Contribution to Previouslv Identified Svstem Reinforcements (Overloads initially caused by prior Queue positions with additional contribution to overloading by this project. This project may have a % allocation cost responsibility which will be calculated and reported for the Impact Study) I

None.

Short Circuit (Report Overdutied breakers here)

None.

Stabilitv Analvsis

Will be performed at the System Impact Study Stage.

'I

Enerev Portion of Interconnection Reauest PJM also studied the delivery of the energy portion or rhe surrounding generation. Any potential problems identified below are likely to result in operational restrictions to the project under study. The developer can proceed with network upgrades to eliminate the operational restriction at their discretion by submitting a Transmission Interconnectionrequest. Note: Only the most severely overloaded conditions are listed. There is no guarantee of full delivery of energy for this project by fixing only the conditions listed in this section. With a Transmission Interconnection Request, a subsequent analysis will be performed which analyzes all ovaload conditions associated with the overloaded element(s) identified. As a result of the aggregate energy resources in the area, the following violations were identified.

No problems identified.

APS Feasibilitv Analysis Report

Exhibit 6-1

This portion of this Feasibility Study Report has been prepared for PJM queue project W1-057 by Allegheny Power. It addresses the required reinforcements, if any, found in the PJM analysis of the Transmission System and provides the results of a similar analysis at the distribution leveL including the attachment and direct connection facilities.

This project was studied as an injection into the 34.5kVcollector bus to be constructed by IC for the P59 (Leadsville) wind project. Therefore, no attachment facilities are to be constructed by AP to support this installation.

Based on discussions with the developer of this project, it was assumed that the P59 wind generation hcility will have a maximum output of 91.5 MW. Therefore, at the Leadsville bus, there will be no net increase of generation capacity with the installation of W2-057. Thus, no thermal violations were identified.

Q PIM Interconnection2010.All rights reserved.

Exhibit 6- 1

AES LaurelMountain,LLC

32 MWmll be Co~credtu ths

F5934.5kV But (as shown).

Union

Road

Single Line Diagram

*

Belington

ES p58 (Optionto Build)

ESLAUREL MOUNTAIN WNO (pssl

ES LAUREL MOUMAN XmNG EQUIPM

'01HT OF INTERCONNECTION

IWE POINT

-

-

>):'I I

I*

5.MuchavrLa

w

ru

W2457pd

m

nur

I

4 Ailegheny power

LEAOSVllLE SHllTCHllG STATfOH

PROVlDE IHTERCONWECnOH FAgLmES FOR

AESLAUREL ELKINS SERVICE MOUtrrAlM CENTER LLC

8-

I

oawmto

AHoma

OCAU

NS

rnrmrrcrrnr

E

E

;D

Exhibit 6-2

 

ID

e ITaskName

 

Laurel Mountain Energy Storage Device

PJM Interconnection Process

-

Permit Review

 

5

PSC Intentto File Letter

6

PSC Siting Certificate Filing

7

Design by Owners Engineer for RFPs and Contracting

I

-

 

8

RFPs and Bidding for Equipment and Contractors

9

Detailed Design by Installation Contractor

10

Procurement and Equipment Delivery

.-

 

11

Site Preparation

12

Foundation and Installation Works

13

Commissioning

14

Commercial Operations

'roject: Laurel Mountain Summary Sc late: Mon 11/29/10

[

Task

Split

Progress

-

 

I Qtr 3,2010

IQtr 4,2010

 

IQtr 1,2011

 

i Qtr 2.201 1

 
 

Jun

Jul

1 Aug

1 Sep 1 Oct

1 No\

Dec

I

Jan

! Feb

1 Mar

!

Apr

1 May

I

Jun

 

Ezl

 
 
  10/13

10/13

 

I211

 

i

 

6/1

Milestone

+

External Tasks

 

Summary

4 -

External Milestone

 

Project Summary4-

 

Deadline

9

Page 1

iQtr 3,

1

Jul

-

t

Exhibit 6-3

Laurel Mountain ESD Noise Analysis

Exhibit 7

JACKSONQLLYATTORNEYS AT LAW PLLC

5M3 LEE STREET EAST

7 JACKSONQLLY ATTORNEYS AT LAW PLLC 5M3 LEE STREET EAST SUITE 1600 PO. BOX 553 DIRECT

SUITE 1600

ATTORNEYS AT LAW PLLC 5M3 LEE STREET EAST SUITE 1600 PO. BOX 553 DIRECT TELEPHONE: (304)

PO.BOX 553

DIRECT TELEPHONE: (304) 340-1214

CHARLESTON, WEST VIRGINIA 25322

TELEPHONE: (304) 340-1214 CHARLESTON, WEST VIRGINIA 25322 www.jacksonkolly. corn TELEPHONE: 304-340- 1000

www.jacksonkolly.corn

TELEPHONE: 304-340- 1000

25322 www.jacksonkolly. corn TELEPHONE: 304-340- 1000 TELECOPIER: 304-340-1 I30 DIRECT TELECOPIER: (304) 340-1

TELECOPIER: 304-340-1 I30

DIRECT TELECOPIER: (304) 340-1080 E-Mail: snchamb~~iacksonkelIv.com

State Bar No.694

Ms. Sandra Squire Executive Secretary Public Service Commission of WV P. 0. Box 812 Charleston, WV 25323

October 13,2010

p# 8Cf

‘13 %U”’JD Psi:

EXKC S~CDIV

Re:

Prefiling notice -AES Laurel Mountain, LLC Application for Waiver of Siting Certificate Modification Requirements or, in the Alternative, for a Siting Certificate Modification for the Installation of an Energy Storage Device at the Site of the Laurel Mountain Wind Power Project

AES Laurel Mountain, LLC (“AES”), pursuant to Section 2.1 of the Commission’s EWG Siting Rules, hereby gives notice of its intent to file an “Application for Waiver of Siting Certificate Modification Requirements or, in the Alternative, for a Siting Certificate Modification.”

AES intends to install an energy storage device (“Storage Device”) at the site of its certificated 125 MW Laurel Mountain Wind Power Project (“Project”) that is currently under construction in Barbour and Randolph Counties, West Virginia. The Storage Device will have a nominal output of 32 MW and will be comprised of eight, 4 MW modules consisting of lithium- ion batteries, inverters, transformers, and cooling systems. The modules will be contained within a fenced-in area less than 1% acres in size on open land directly adjacent to the Project’s substation and transmission line and will be connected through the Project switchyard. The purpose of the Storage Device is to regulate the ramp rate of the Project and to enable the Project to supply ancillary services in the wholesale markets managed by PJM Interconnection. The Storage Device will not increase the transmission or generation of the 125 MW Project, but will improve the delivery of energy from the Project.

AES believes that, considering the totality of the circumstances surrounding the Project, which extends over an area of approximately 14 miles in length, the construction of the Storage Device is not material and will not materially affect the Project’s viewshed impacts, noise levels, emissions or other environmental impacts. Accordingly, AES intends to seek a

((21891233.3)

Clarksburg. WV

Martinsburg, WV

Porgantown,WV Wheeling, W

Denver, CO

Denver, CO Lexingron. KY Pittsburgh, PA Washington. DC

Lexingron. KY

Pittsburgh, PA

Pittsburgh, PA

Pittsburgh, PA

Washington. DC