Energy and Environment

NextEra asks PSC to extend MARL decision date for 77 days

dbeard@dominionpost.com

MORGANTOWN - NextEra Energy Transmission MidAtlantic has asked the Public Service Commission to extend its decision date for its MidAtlantic Resiliency Link Project for 77 days.

NextEra filed its motion on Monday, conditional on the PSC also granting a joint Monday motion by NextEra and PSC staff to extend the procedural deadlines in its project application process.

The joint motion asks the PSC to move its decision due date from March 6, 2027, to May 22.

The two motions come on the heels of an Aug. 20 staff motion to the PSC to either pause the case or dismiss it. Staff said that five project changes requested by NextEra that brought new affected landowners into the proposed route, along with new directives from the Federal Energy Regulatory Commission brought uncertainty to the project.

The staff motion drew support from the PSC’s Consumer Advocate Division and several advocacy groups: West Virginians Against Transmission Injustice, the West Virginia Energy Users Group and Lake O' Woods Club.

Staff said the new affected landowners need time to review the application and have a voice in the process.

Staff was also concerned by the June FERC order concerning transmission line planning and large load data center customers, and FERC’s preliminary finding that the Open Access Transmission Tariff by regional grid operator PJM Interconnection "appears to be unjust, unreasonable, or unduly discriminatory or preferential."

FERC found that PJM’s tariff "lacks adequate mechanisms to mitigate the risk of cost shifting among transmission customers, which may result in unjust and unreasonable rates for transmission service."

FERC ordered PJM to develop a cost recovery agreement that ensures eligible customers, such as data centers, bear the risk and are ultimately responsible for costs incurred to provide transmission service, including the cost of network upgrades.

Staff was also concerned that a February FERC order "specifically mentions a concern that PJM's existing tariff lacks clear and consistent provisions to prevent duplicative requests for transmission service."

Staff cited a proposed 765 kilovolt Joshua Falls-Yeat line by Valley Link, which would span 115 miles across Virginia, to "deliver reliable power to homes, hospitals, data centers and manufacturers."

CAD observed, "There is a lot of uncertainty surrounding the future of data centers in the PJM region. Before we charge headlong into investing billions of dollars to build [a] major transmissions line to serve these customers, we need to take a pause while some of these uncertainties are resolved."

CAD noted that the addition of the Joshua Falls-Yeat line and the continued operation of two Maryland power plants - one of which had been planned to close - might make MARL unnecessary.

Under the modified timeline proposed by NextEra and PSC staff, the deadline for certain discovery testimony by staff and case intervenors would move from Aug. 14 (which has passed) to Oct. 30. This discovery would concern NextEra’s five route revisions and the potential impact on the MARL project of FERC’s June order.

New affected landowners would have until Sept. 30 to file to intervene. Staff and intervenor direct testimony wold move from Sept. 8 to Nov. 24.

The evidentiary hearing would be moved from Oct. 26-Nov. 2 to Jan. 11-18, 2027.

And the PSC decision date would move from March 6 to May 22.