A simulated view of the proposed over-the-James line from the Kingsmill area. (Photo courtesy Dominion)
The James City County Economic Development Authority has decided not to stray from a May decision to withhold its approval of a right-of-way agreement for Dominion Virginia Power’s approved overhead power line until other property owners affected by the line are satisfied.
The EDA owns land at 8925 Columbia Dr., which falls directly under the recently approved power line. While the power line still has to clear the U.S. Army Corps of Engineers, Dominion is moving ahead with securing other necessities before the project can begin, among them an agreement to put the power line over a portion of the EDA’s land.
At its Thursday meeting, representatives spoke on behalf of Dominion, Williamsburg Developments Inc. – a Colonial Williamsburg Foundation subsidiary – and BASF Corporation, a chemical company. WDI and BASF own land near the power line crossing, as does Colonial Penniman LLC.
BASF preferred the power line option the State Corporation Commission approved, because it crosses the northern edge of its property and not down the middle. Because the SCC chose the power line option BASF wanted, the chemical company asked the EDA to hold up its May decision to hand over the right-of-way once surrounding property owners were satisfied.
The EDA passed a resolution on May 9 that it would enter into an agreement with Dominion to allow an easement for the power line. The only catch to the agreement was Dominion first needed to work with the nearby property owners; the EDA will only sign the agreement if the other property owners confirm the power line location is acceptable.
In the resolution, the EDA offered to assist Dominion in working with WDI and Colonial Penniman “to obtain … such agreements, contracts, deeds and other documents needed by Dominion to acquire right-of-way for the electrical transmission line.”
County Attorney Leo Rogers told the EDA Dominion has worked with the nearby property owners, but there are no existing signed agreements at this time.
Representatives from WDI said at Thursday’s meeting they did not support the EDA entering into an agreement with Dominion.
“Right now we think it’s premature to enter into any agreement with Dominion Virginia Power,” said Mark Duncan, director of community and government relations for the Colonial Williamsburg Foundation.
Duncan continued to say the Army Corps’ review of the power line is just getting underway and no clear timetable has been defined for a decision on whether to issue a permit. Dominion doesn’t have the authority to continue with construction right now, he said.
Victoria Gussman, director of property planning and management at the Colonial Williamsburg Foundation, said Colonial Williamsburg informed Dominion in May the foundation would cooperate if the power line was put underground.
“The key factor in this for us is the impact of those above-ground lines,” Gussman said, explaining it is important to Colonial Williamsburg to keep the lines as far south as possible to mitigate the impact on historic property.
Gussman said Colonial Williamsburg would continue to hold its position; if the line is underground the foundation will cooperate for an easement.
Dominion’s representative, Richard Gary of the law firm Hunton & Williams LLP, pushed the EDA to sign a right-of-way agreement. Gary cited the EDA’s May resolution to cooperate and acknowledged the Army Corps hurdle.
After the discussion with BASF, WDI and Dominion representatives, the EDA entered a closed session to plan its course of action. Once the EDA emerged from closed session, the EDA voted to maintain its position in May– it will work with Dominion once other property owners are satisfied.
What this means for Dominion’s power line is unclear.
The company had a 20-day time limit to take the right-of-way agreements back to the SCC once the commissioners issued their decision. The 20-day period expires early next week. Gary said Dominion would be forced to return to the SCC to garner approval for an alternate line variation – the one opposed by BASF.
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