JACKSON~QLLY

ATTORNEYS AT LAW PLLC

5 0 LEE STREET EAST SUITE 1600 PO. BOX 553 CHARLESTON. WEST VIRGINIA 25322 TELEPHONE: 304-340-1 000 TELECOPIER: 304-340- I I30
jacksonkelly corn
w.

DIRECT TELEPHONE: (304) 340-1214 DIRECT TELECOPIER: (304) 340-1080

E-Mail: snchambers(Li),iacksonkt.lly.com
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- /8&/ -E-CS-PC

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

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 Certijkatesf o r Exempt Wholesale Generators (“Siting Rules”).

(Cl912548. I}
Clluksburg, WV Mminsburg, WV Morgantown, WV Wheeling, WV
Denver, CO Lexington. KY Piasburgh. PA Washington, DC
Ms. Sandra Squire
November 29,201 0
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.

Sincerely,

SNCIdmb
Enclosures
cc: Barry Sweitzer
Piers Lewis

{C1912548.1}
 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. In support of these

requests for relief, AES states as follows:

1. Introduction

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
snchambers@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)
2 1
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 of the substation and the approximate

location of the ESD is attached as Exhibit 1 .

11. Description of the ESD

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) 3 1
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;

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 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

{ a 9 18361.3) 4 1
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. The Project’s participation in

(C1918361.3)
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

Project will be necessary for access to the ESD site. Due to the short

(C1918361.3)
6 1
 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. However, AES will

continue to consult with WVDEP and if it is 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

local area.
7
IV. Waiver Warranted Under Circumstances

11. s
Considering the totality of circum tances, 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 (1 50CSR30) (“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

((2191 8361.3)
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 consideration in accordance with the Commission’s

applicable procedures.

Respectfully submitted this 2gthday of November, 2010.

AES LAUREL MOUNTAIN, LLC

I
By Counsel

JACKSON KELLY PLLC

P. 0. Box 553
Charleston, WV 25322
(304) 340-1000
Counsel for AES Laurel Mountain, LLC

{C1918361.3)
I
11
 VERIFICATION

STATE OF MARYLAND,

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.

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 . 2 7 aor.
,

' Notary Public

[C1909592.1)
 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 @AES the powerof being global

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 @AES

Cells Modules Trays

w
Racks

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
BATTERY
lpf CONTAINER

DISTRIBUTION\
POWER PANF'
I 5 U L A T I ON

TRANSFDR MER

1
BATTERY
lrl'

CONTAINER

FENCE1-
 I lllll llllll I1

Exhibit 4-1

12 M W Los Andes, Chile

(in operation)

T
Exhibit 4-2
 Exhibit 5
[Form No. 3)
STATE OF WEST VIRGINIA
PUBLIC SERVICE COMMISSION
CHARLESTON

CASE NO. 10- -E-CS

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

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:

1.
I
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; The purpose of the ESD is to regulate the ramp rate
of the Project and to supply ancillary services to the
wholesale energy market.
2. Reasons for selection of the proposed site including the principal Not applicable. The ESD will be located on the site
environmental and socio-economic considerations of the proposed site; of the Project constructed and operated pursuant to
the prior authorization of the Commission granted
in the Certificate Case.
3. A description of the proposed facility; The ESD will have a combined nominal output of
32 M W , 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

(C1905369.2)
1
 Exhibit 6

Project interconnection substation that is located

where the Project is intersected by a 138 kV
~~
Allegheny Power transmission line.
4. A list of all required government (state, local,-federal) approvals Based, in part, on consultation with personnel of the
and/or permits for the facility, and the filing status of each; West Virginia Department of Environmental
Protection, the applicant does not believe that any
further permits or permit modifications are required.
5. A description of any court litigation formally noticed involving By Order of the West Virginia Supreme Court of
the project and copies of all relevant pleadings and court orders in such Appeals (“Court”) entered on June 3, 2009, the
proceedings; and 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

{C 1905369.2)
2
 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, 20 11
3.1.b A statement explaining the 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 established in the Certificate Case. The need for the
other rationale for building the facility. 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 o f Gencrally Not Applicable. See response to 3.1 .a.3
unit, estimated net demonstrated capability, heat rate, expected annual above.
capacity factor and expected hours of annual generation for each year
of the first five years of operation.

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 consumed per year.

4. Provide fuel quality. Indicate expected fuel characteristicssuch as Not Applicable.

ash, sulfur and btu value.

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-om the 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, All of the significant equipment is described in
including any significant safety equipment, e.g., fire fighting 3.1.a.3 above and in paragraph 5 of the Application.
equipment. Each shipping container will be equipped with a fire
suppression unit.

3.1.d Submit all interconnection studies necessary for facility. 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.

(C1905369.2)
4
 Exhibit 6

3.1.e Provide proposed project schedule in a Gantt Chart, including the See attached Exhibit 5-2.
critical path and covering all applicable major activities and milestones,
including:

1. Acquisition of land and/or land rights; Not applicable. ESD to be located on site of the
Project.
2. Submittal of the application and receipt of a Public Service 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
addressing the status of such applications or permits;

4. Preparation of the final design; Final design of ESD expected to be Completed prior
to the end of 2010.
5. Construction of the facility; and Installation of ESD expected to begin on or about
February I, 2011, and be completed on or about
June 1,201 1.
6. Placement of the 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 Not applicablelwaiver requested. The ESD is to
topographic, geologic, and hydrological suitability of the selected site. be located on the site of the Project. Installation of
the ESD will have no geologic or hydrological
impact on the site.

{C1905369.2}
5

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
(C 1905369.2)
6
Exhibit 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 M W
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
the self-contained ESD components would not be
difficult and would not require any significant
disturbance to the remainder of the site.
8. Equipment. 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-construction map. 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 The ESD will have no impact on existing public
utilities, including but not limited to water utilities, sewer utilities, otilities or solid waste facilities. The ESD will have
5lectric utilities, commercial solid waste facilities, natural gas utilities, 2 positive impact on the electric grid operated by
md telephone utilities. The applicant shall further identifl and describe P J M Interconnection and the generating facilities
the impact of the facility on other generating facilities whether or not connected thereto that will benefit from the
utility-owned. frequency regulation capabilities of 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.
adjacent to the site of the interconnection substation
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.

3.1.k Hydrology and wind.

1. Provide the natural and the man-affected water budgets, Waiver requested. The ESD will be located on the
including the ten-year mean and critical (lowest seven-day flow in ten site of the Project and will have no additional
years) surface flows and the mean and extreme water tables during the impact on hydrological resources.
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 Waiver requested. The ESD will be located on the
for the area, including the probability of occurrences and likely site of the Project and will have no additional
consequences of various flood stages and wind velocities, and describe impact on hydrological resources.
plans to mitigate any likely adverse consequences;

3. Provide existing maps of aquifers which may be directly Waiver requested.The ESD will belocated on the
affected by the proposed facility; and site of the Project and will have no additional
impact on hydrological resources.
4. A study of how the project and the water use identified in Rule Waiver requested. The ESD will be located on the
3.1 .c.8. will affect the identified water sources. site of the Project and will have no additional
impact on hydrological resources.
3.1.1 Financial and Economic data.
1. Debt and Equity Capital. AES will pay the entire estimated $28.8 million cost
A. Estimates of the amounts of debt and equity capital for the of the acquisition and installation of the ESD and no
project. These estimates shall include all capital that will support the separate financing (public or private) will be
construction of the project and all permanent sources of capital, if required. No construction or bridge financing is

{Cl905369.2}
8
 Exhibit 6

different than construction financing. Any temporary, interim or bridge anticipated.

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 Waiver requested. The ESD will not have any
statements palance Sheet, Funds Statement and Income Statement) for adverse affect on the financial or operational
each year of the start-up phase (project development and construction) capabilities of either AES or its operation of the
~~

and for the first five years of operation of the proposed project. The Project.
financial statements must 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
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 AES’s
investment in the Project itself.

{C1905369.2)
9

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
alternative use(s) of the land upon which the facility is proposed to be
built.
4. Regional development impact. The applicant shall describe the The ESD will not have any measurable impact on
impact of the proposed facility on regional development. regional development that is separate and apart fiom
the impact of the Project.
3.1.m Environmental data.
1. Species.
2. Species - Wind powered electric generation facilities only.
3. View.
4. Noise.
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; (vi)
Installation of equipment. [Details for predictive noise study found in
(C1905369.2)
10
Exhibit 6
Waiver requested. The ESD will not add to or
change the impact, if any, of the Project on any
species.
Waiver requested. The ESD will not add to or
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).
Waiver requested.
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.]
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.

5. Traffic Waiver requested. The impact on local traffic will

A. Preconstruction. Describe existing pre-construction traffic near be minimal during the short installation period.
the site to provide baseline traffic calculations. Following installation, there will be no impact on
B. Construction. Describe the traffic levels expected on roads local traffic.
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.
C. Operation.

3.1 .n Land Uses. In the application, estimate the impact of the proposed Waiver requested. The ESD will have no impact
facility on the land uses depicted on the map required in Rule 3.1.h.l., on the existing or foreseeable future uses of the site
identify stmctures that will be removed or relocated, describe formally or surrounding property.
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
 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

PJM DOCS No. 617880~1

October, 2010

D PIM Interconnection2010.All rights reserved.

 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 participation in the
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 M W 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

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 PJM jurisdiction.

Network Impacts

Queue project W2-057 was studied as a 32.0MW (0 M W 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:

Generator Deliverability
(Single or N-1 contingencies for the Capacity portion 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 contingencies will be applied during the Impact Study)

No problems identified.

Contribution to Previoushr Identified Overloads

(Overloads initially caused by prior Queue positions with additional contribution 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 Interconnection 2010.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.

Enerev Portion of Interconnection Reauest

'I
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

0 PJM Interconnection 2010. All rights reserved.

 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 34.5kV collector 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

Single Line Diagram

AES LaurelMountain, LLC

32 MWmll be C o ~ c r e dtu ths
F5934.5kV But (as shown).

Union
Road
* Belington

ES p58 (Option to Build)

ESLAUREL MOUNTAIN WNO (pssl
-
-
ES LAUREL MOUMAN
XmNG E Q U I P M
'01HT OF INTERCONNECTION
I W E POINT 'I
>):
I
I*

r u
w5.MuchavrLa
4 Ailegheny power 8- oawmto
AHoma
E
m

nur
W2457pd
LEAOSVllLE SHllTCHllG STATfOH
PROVlDE IHTERCONWECnOH FAgLmES FOR
AESLAUREL MOUtrrAlM LLC
OCAU
NS
rnrmrrcrrnr
E
;D

I ELKINS SERVICE CENTER

0 M M Interconnection 2010.All rights reserved.

 Exhibit 6-2
ID e ITaskName I Qtr 3,2010 IQtr 4,2010 I Qtr 1,201 1 i Qtr 2.201 1 i Qtr 3,
Jun Jul 1 Aug 1 Sep 1 Oct 1 No\ Dec I Jan ! Feb 1 Mar ! Apr 1 May I Jun 1 Jul

Laurel Mountain Energy Storage Device

PJM Interconnection Process

-
Permit Review
Ezl
5 PSC Intent to File Letter 10/13

6 PSC Siting Certificate Filing I211

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 i

-
.- __ t

11 Site Preparation

12 Foundation and Installation Works

13 Commissioning

14 Commercial Operations 6/1

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

Split

Progress - Milestone

Summary

Project Summary

Page 1
4-
4-
External Tasks

External Milestone

Deadline 9
 Exhibit 6-3

Laurel Mountain ESD Noise Analysis

 Exhibit 7

JACKSONQLLY
ATTORNEYS AT LAW PLLC

5M3 LEE STREET EAST SUITE 1600 PO.BOX 553 CHARLESTON, WEST VIRGINIA 25322 TELEPHONE: 304-340- 1000 TELECOPIER: 304-340-1 I30
www.jacksonkolly.corn
DIRECT TELEPHONE: (304) 340-1214 DIRECT TELECOPIER: (304) 340-1 080
E-Mail: snchamb~~iacksonkelIv.com
State Bar No. 694

October 13,2010

Ms. Sandra Squire p# 8Cf ‘13 %U”’JD Psi: EXKC S ~ DIV

C
Executive Secretary
Public Service Commission of WV
P. 0. Box 812
Charleston, WV 25323

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 Lexingron. KY Pittsburgh, PA Washington. DC