A simulated view of the proposed over-the-James line from the Kingsmill area. (Photo courtesy Dominion Virginia Power)
The James River Association has attached itself to the Virginia Supreme Court appeal from James City County and Save the James Alliance in an attempt to halt Dominion Virginia Power’s planned over-river power line.
The county’s Board of Supervisors voted Tuesday to file an appeal to the Virginia Supreme Court, seeking relief from the State Corporation Commission case, which approved the 500kV power line and overruled the county’s existing zoning regulations for the planned Skiffes Creek Switching Station.
County Attorney Leo Rogers hopes to have the court examine historical impacts he argues the SCC ignored, as well as the county’s regulations that require special use permits to be granted by the Board of Supervisors for switching stations.
On Wednesday, the county submitted its notice of participation in the appeal along with Save the James and the JRA.
“The county has an interest … also in the land use and zoning aspects. … Of course we’re interested as well in making sure the environmental and historical taken into account as well,” Rogers said.
JRA is interested in preventing the line’s impacts on historical, ecological and scenic characteristics, according to a news release.
“This is one of the most historic sections of river in the entire country,” said Jameson Brunkow, JRA lower James riverkeeper, in a news release. “The James River must be given proper consideration in the review of this transmission line project in order to protect and support the future health and enjoyment of America’s Founding River.”
Rogers is handling the appeal to the Virginia Supreme Court, with Save the James covering any out-of-pocket expenses he may incur during the appeal.
The SCC reopened a hearing on the portion of the power line that would cross over James City County land, and Rogers is not sure yet how that will affect the appeal. Last year Dominion filed an appeal with the Virginia Supreme Court, which the county latched onto this week, but the appeal may need to be refiled because the SCC reopened the hearing.
If the appeal is active, Rogers said he is not sure which SCC ruling the county will be appealing — whether it will be the November decision that approved the line or the decision that comes out of the reopened hearing. Rogers believes the case may not be heard until the end of this year with a decision coming sometime in 2015.
Aside from the SCC hearing scheduled later this month and the appeal before the Virginia Supreme Court, Dominion will also need to obtain a permit from the U.S. Army Corps of Engineers, which has not yet released any information about its decision process or whether a public hearing will be held.
“Given the other permits that are needed and the process that Dominion is going through, [the appeal] will probably run concurrently with their permits,” Rogers said.
He does not think the appeal will delay the power line’s construction because there are still outstanding hearings and the USACE permit.
If the appeal does not go the way Rogers hopes, there is a case pending in the Williamsburg-James City County Circuit Court that could be used as a back up to make Dominion comply with the county’s zoning regulations for the Skiffes Creek Switching Station.
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