With the State Corporation Commission case reopened and permits from the U.S. Army Corps of Engineers pending, when and if Dominion Virginia Power will be able to build a power line over the James River is questionable.
On Dec. 17, the SCC decided to reopen Dominion’s case after Dominion said it was unable to come to an agreement with the James City County Economic Development Authority. The EDA would need to give Dominion right-of-way over its land near the proposed Skiffes Creek Switching Station, but won’t do so until other surrounding property owners agree.
The case reopening does not give James City County or the EDA the authority to reargue against the line, said County Attorney Leo Rogers. The reopened case will not create any additional costs for James City County or for the EDA.
Now, the commissioners have the opportunity to review the line placement to grant approval for an alternate placement. Initially, Dominion favored a line that bisected BASF Corporation, a chemical company, property. That line was not approved; instead a line that crossed a piece of BASF property was approved.
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Opposed to the Over-River Power Line:
- BASF Corporation: opposes one proposed route, but not all
- Garden Club of Virginia
- Greater Williamsburg Chamber and Tourism Alliance
- James City County
- Jamestowne Rediscovery
- James River Association
- National Parks Conservation Association
- Save the James Alliance
- Scenic Virginia
- The Colonial Williamsburg Foundation
- Piedmont Environmental Council
- Preservation Virginia
- Virginia Department of Historic Resources
- Virginia Outdoors Foundation
- National Trust for Historic Preservation
- Newport News: the power line could affect land owned by the locality and a future Route 60 extension bridge could intersect with the power line
- 61 citizens
Questions or Requests for the Power Line:
- Chesapeake Conservancy: wants a public hearing and environmental impact study
- Virginia Department of Conservation and Recreation: recommends avoiding conservation areas and surveying animals between Skiffes Creek and Whealton in Hampton
- U.S. Environmental Protection Agency: requests USACE require Dominion to compensate the loss of forested wetlands if the line is constructed
- U.S. Coast Guard: requires specific markings and lighting on the towers
- Newport News-Williamsburg International Airport: plans to construct, relocate or extend three runways over 20 years, which could be impacted by a section of the proposed power line in the area of the airport
In Favor of the Power Line:
- Lennar
- 10 citizens
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The SCC will now be able to review the line Dominion initially wanted, the line that was actually approved or some other line variation to determine a better placement. Dominion has also asked the SCC to consider putting a time limit on the EDA to sign a right-of-way agreement for the line the SCC approved in November.
What happens next in the reopened case is unclear. Rogers said all that has happened so far is the SCC has maintained the case, but no indication has been given on when a hearing or reconsideration will occur.
Aside from the SCC case, two other factors could play into the power line’s construction: required permits from the USACE and a circuit court case filed in James City County in May.
The SCC’s November decision included designating the proposed Skiffes Creek Switching Station as a power line so it would be exempt from James City County regulations requiring the station to have a special use permit prior to construction. James City County’s zoning administrator informed Dominion the permit was necessary and would need to go through a full legislative review, which includes the Planning Commission and Board of Supervisors.
Rather than filing for the SUP, Dominion asked the SCC to waive that requirement, which it did. James City County, however, filed a petition with the circuit court asking for a judicial ruling on the matter, which Rogers said would be a legal decision. The SCC and James City County can only provide administrative decisions.
No hearing has yet been scheduled in the circuit court. Instead, James City County is waiting to see what the USACE will decide.
“That’s the next big step,” Rogers said.
USACE started its process in August by advertising a public comment period on the permits Dominion will need to construct its line. Through the public comment period, USACE received more than 100 written comments about the line, which were in favor and against, and a petition with more than 2,000 signatures in opposition of the line, said Randy Steffey, environmental scientist with the Norfolk District Regulatory Branch of USACE.
USACE also received comments from about 20 different local, state and federal agencies about the line. Information from the comments will be reviewed, as will information from several other agencies providing information, to determine whether the line has no significant impact and is the least environmentally damaging. If that determination is made that the line is not damaging, the project would begin moving toward an eventual ruling.
Currently, USACE is still gathering information relating to the project. Because there are endangered Atlantic sturgeon swimming in the James River, USACE is coordinating with U.S. Fish and Wildlife Services and National Oceanic and Atmospheric Administration Fisheries for information, Steffey said.
No determination has been made as to whether a public hearing or public meeting should be held by USACE on the proposed line. Typically, USACE’s stance is if there is information to be gained through some form of public meeting, one is held, Steffey said.
Related Coverage:
- SCC Reopens Case on Dominion-Proposed Power Line Over James River
- JCC EDA Won’t Give Dominion OK on Power Line Until Other Owners Agree
- SCC Gives Green Light to Dominion’s Over-the-James Power Line
- JCC Thanks Williamsburg For Help in Fighting Overhead Power Line
- National Park Service Offers Opposition Letter to Dominion’s Proposed Overhead Power Line
- JCC Files Opposition to SCC Hearing Examiner’s Report on Dominion Power Line
- SCC Examiner Recommends Over-the-James River Power Line
- JCC Submits Court Petition to Block Proposed Power Line Over James River
- Closing Briefs Filed in Dominion Overhead Power Line SCC Case
- JCC Denies Site Plan Approval for Dominion’s Skiffes Creek Station; Still No Application Submitted for SUP
- SCC Hearing Concludes for Power Line Case
- JCC Offer to Purchase Land for Dominion Not Rooted in Prior County Discussion
- Power Line Hearing: JCC Offers to Buy Land, Questions Veracity of Dominion Research
- Evidentiary Hearing on Proposed Overhead Powerline to Begin Today
- JCC Supes to Vote on More Funding for Fight Against Dominion
- Officials Unsure Retrofitting Entire Yorktown Power Station is an Option
- SCC Changes Hearing Examiner, Date for Dominion Power Line Case
- GA Subcommittee to Send Letter Opposing Proposed Power Lines
- Chickahominy Chief Says Overland Power Line Would Harm Tribal Grounds
- Is Burying Proposed Power Line Across James an Option?
