A map of Dominion’s proposed power line across the James River to Skiffes Creek. (Courtesy of Dominion)
The James City County Board of Supervisors voted Tuesday night to appeal the State Corporation Commission approval of Dominion Virginia Power’s over-river power line.
In November, the SCC handed down a decision to approve a 500kV power line that will cross the James River from the Surry Nuclear Power Plant to a planned switching station at Skiffes Creek in James City County. James City County Attorney Leo Rogers told the board Tuesday the county could appeal the decision to the Virginia Supreme Court because he believes the SCC did not take historical impacts into account and ignored county zoning regulations.
The board voted unanimously in favor of Rogers appealing the SCC decision and allowing the Save the James Alliance to piggyback on the case as a participant. Save the James has contributed funding and support in the past and, in this case, will contribute funds for any of Rogers’ out-of-pocket costs related to the case.
Rogers will pursue the appeal and will not need any outside attorney assistance, so the case will not incur any greater cost to the county than it is already paying Rogers for his employment.
Under James City County’s existing zoning regulations, the proposed Skiffes Creek switching station would require a special use permit, which the board would ultimately issue after a public hearing and review process. The SCC’s November ruling would allow Dominion to circumvent that regulation. This will be part of Rogers’ appeal to the court.
Rogers plans to also push the court on historical significance and potential impacts the line could create. When the case was argued before the SCC, speakers in opposition of the line pushed the historical significance of the James River, Colonial National Historical Park and the Colonial Parkway, Colonial Williamsburg, Jamestowne and Carter’s Grove.
Rogers has not yet responded to a request for additional information about the county’s intent to appeal to the Virginia Supreme Court.
Earlier this month the SCC reopened its case on the line and ordered the case hearing examiner to hold another hearing on the James City County portion of the line. The examiner will hear from Dominion and the county to determine whether the line should be rerouted once it enters James City County land.
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- JCC Submits Court Petition to Block Proposed Power Line Over James River
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