During opening statements of an ongoing case before the Virginia State Corporation Commission regarding Dominion Virginia Power’s proposed overhead line from Surry to Skiffes Creek, James City County’s attorney Andrew McRoberts, of Sands Anderson, made a bold offer: To keep the power line from crossing the James River, the county would buy an alternate parcel of land for the proposed switching station. It’s a bargain that’s not yet signed off on by the Board of Supervisors, but that doesn’t mean the offer isn’t legitimate.
County Administrator Robert Middaugh said in an interview Friday the offer was a legal maneuver of sorts but if Dominion takes the bait, the issue would be brought before the board.
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The State Corporation Commission hearings on Dominion’s request to install an overhead power line across the James River from Surry to Skiffes Creek began Tuesday in Richmond and are expected to continue through next week at least.
The hearings are open to the public, but they’re also available in live audio-only webcasts. Click here for more information and to listen.
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McRoberts offered Dominion a couple of options: the county could purchase the Skiffes Creek property from Dominion and could also purchase land in Surry or another location where the proposed switching station could be built.
Surry officials have not been involved either in this proposal or any aspect of the ongoing case. A call Friday to the Surry county administrator was not returned.
A letter sent to Dominion details the offer and urges Dominion officials to contact Middaugh as soon as possible if they are interested because approval hinges on the board’s decision. The letter also explains the county would be interested in purchasing the Skiffes Creek land for the SCC-assessed value.
Middaugh said Dominion’s opening statements indicated a need to build the switching station on the Skiffes Creek land because Dominion currently owns it; offering alternate land could prompt Dominion to consider other routes for the proposed power line.
“I don’t think they think we’re serious, quite frankly, but we are,” Middaugh said.
James City County’s position in the case is that Dominion has not fully explored alternate routes for the line.
Press coverage of the offer spanned the Williamsburg and Richmond areas, which was how some board members – including Stonehouse Supervisor Jim Kennedy – found out about it.
“I don’t know enough about the offer to know what the offer entails. I’m naturally concerned that we would make an offer and the appropriating body hadn’t discussed it,” Kennedy said, adding he has not been involved in any discussions about a land deal.
Kennedy said he has been following the hearing, which began Tuesday, online through the SCC webcast as well as information posted online and in news reports.
Roberts Supervisor John McGlennon and Powhatan Supervisor Andy Bradshaw declined comment. Berkeley Supervisor Mary Jones and Jamestown Supervisor Jim Icenhour were not reachable by phone Friday.
Middaugh said there was no time to brief the board prior to the offer being made. In passing, Middaugh had heard from County Attorney Leo Rogers an idea to send a letter to Dominion, but was unaware that might actually come to fruition.
“There are occasional moments for spontaneity,” Middaugh said. He referred to the SCC case as being similar to a court case and the hearing examiner being like a judge.
Dominion doesn’t seem to be interested in the offer at this point, Middaugh said, but if they do show an interest, an information package would be brought to the board members to see what their opinions are. If the county did opt to purchase the land at Skiffes Creek, they would likely hold onto it for a very short time, Middaugh said. It would not be the county’s intention to retain the land for its own use.
Middaugh testified in Friday’s hearing and said he was not questioned about the land offer but was expecting to be. Instead, he was asked why the line is a regional issue and to explain the county’s special use permit process. Dominion would have to obtain a special use permit from the county to build the Skiffes Creek Switching Station unless the SCC rules to circumvent county approval. Dominion has requested the proposed switching station to be exempt from local government ruling.
