Part 1: Old Dominion Power Line Hearing

Part One: Dominion Power Proposed Power Line Hearing

August 15, 2007. Marstellar Middle School, Bristow, Virginia.

The hearing began with the hearing examiner describing that the hearing is a continuation of the hearings that began in Warrenton, VA. He said he was assigned to the case and stressed that this is a continuation of a record that began to build back in Warrenton and 106 witnesses testified there. If people testified there, then they do not need to testify here, since it will be part of the same record. The hearing examiner again stressed that he has been assigned by the State Corporation Commission (SCC) to hear the case. He said he will make sure that the SCC has a full record and a large part of that is public testimony. The next public hearings are scheduled as follows:

1. August 13, 2007, 1:30 p.m. and 7:00 p.m.; James Wood High School, Winchester, VA
2. August 14, 2007, 9:30 a.m.; James Wood High School, Winchester, VA
3. August 15, 2007, 1:30 p.m. and 7:00 p.m.; North Warren Volunteer Fire Department, Front Royal, VA
4. August 16, 2007, 9:30 a.m.; North Warren Volunteer Fire Department, Front Royal, VA

He wanted to get the public testimony in early so that all the parties can explore and develop any of the issues raised during the public portion of the testimony. The hearings are scheduled in Richmond beginning January 14th, 2008 and all are to be part of the public record. The hearing examiner will hear the case, put together a report case for the SCC and the report will summarize all of the testimony. The evidence that came in on different issues and he will provide the commission with a recommendation. All the parties in the case will have an opportunity to comment on that and the Commission will make a decision on it. The procedures that we will follow today are: Sign up with the bailiff; A testimony will be taken in order; Will call name; Come forward; The bailiff will swear you in; Testifier will state name and address; Present testimony.

The hearing examiner stressed that the SCC hearing is for the record and that although we are in a middle school cafeteria, this is court today. There is no audience participation. He wants to make sure that everyone has an opportunity to express their views. He doesn't want anyone to feel intimidated and that way everything will procede a lot soother. He will enforce that. It is possible to have a court room cleared, but he has never had to do that. After you say what you had to say, the hearing examiner will ask the attorney's if they have any questions since you are subject to cross examination. At this time he would like to have the attorney's identify themselves so the audience would know who they are.

The hearing examiner asked people who had written testimony to give a copy to the bailiff to help the court recorder. He said that we want to make sure that we got everything that you said. We are recording everything and the court recorder is transcribing it. Written material would be helpful

Senator Colgan stated that as State Senator he represents about two thirds of Prince William County, including the Gainesville and Haymarket areas and that he resides in Nokesville, Virginia. Senator Colgan stated that the State Corporation Commission (SCC) will determine the need for additional power in the area as well as consider the option of burying the power under ground, which without a doubt will be an area you will investigate. The final results will reflect the opinions of the people in this room. Thank you very much.

Verbatim testimony of Virginia Delegate Bob Marshall:Testimony, Delegate Bob Marshall, State Corporation Commission, August 09, 2007

Last fall, after I wrote several thousand of my constituents about a public meeting hosted by Virginia Power on the construction of a proposed 550 KV electric power through portions of Prince William and Loudoun Counties, I attended the public information meeting at George Mason University's Manassas Campus.

There, Dominion officials, specifically an engineer told me that it would not be technically feasible or indeed even technically possible to use existing power line right of ways for this proposed power line. I asked why. I was told that I would have to take it on his word that it was not possible. I sought an explanation, and was given a conclusion.

Now, we see that it is the existing power line right of way that is the alleged preferred route for the new power line expansion. So what was technically impossible last fall is eminently feasible in August, 2007. I am not an engineer, but it is because of responses like this that has raised considerable concern among the hundreds of constituents who have communicated their concerns to me over this proposal.

As a state representative I am asking you to go back and examine the public needs statements made by Dominion when the initial announcements came out for this proposal with the statements made today by Dominion.

As a state representative, I am asking you, the State Corporation Commission to thoroughly and if necessary independently examine or seek outside competent technical expertise and have them examine the assumptions the assumptions operative with the initial Dominion proposal before their filing with the SCC, and those that are now prevalent in the current application.

Some of these would include the alleged factual situation and assumption then as well as statements by Dominion then and now that Dominion:

1. Didn not want to use a longer route because of expense, but that's what is now proposed;
2. Did not want a longer route because of energy losses, but again that's what is proposed;
3. Had a number of viable alternate routes, but now has only 1 alternative that must be negotiated with Virginia Department Of Transportation (VDOT);
4. Has a good conservation and demand reduction program, but nearly 3 months after submitting the application announces formation of an energy conservation group with in the company to encourage renewed customer interest in energy efficiency and to explore pilot programs;
5. Would use the state process to gain approval of its application and did not intend to make use of the new Federal backstop authority, and now won't comment on what might happen if the application is denied.

It took the General Assembly two years to develop an approach to equitable addressing the eminent domain concerns raised by the Kelo Decision of the US Supreme Court. Under newly passed Virginia law this year any public utility has a high burden of proof that any taking of private property being a fundamental right. No more private property may be taken than that which is necessary to achieve the state public use, During condemnation proceedings, the property owner may challenge whether the taking or damaging is for a public use, the stated public use is a pretext for an unauthorized use, Nothing in this section shall be construed as abrogating any defenses or rights otherwise available to the property owner independently of this section. (See HB 2954)

If the SCC approves a route that involves any considerable new takings of property, I am suggesting to you that unless Dominion can prove that there were no viable alternatives to erecting anew massive 550 KV power line such as energy conservation, smaller power generating stations nearer to Northern Virginia Consumers, and similar concerns that any such route selection will b e subject to profound eminent domain litigation on the need for the takings.

Lastly, there is the statute I authored this year which gives local governments the right to assign power line corridors for 150+ KV power lines. My statute provides that: "If the local comprehensive plan of an effected county or municipality designates corridors or routes for electric transmission lines and the line is proposed to be constructed outside such corridors or routes, in any hearing the county or municipality may provide adequate evidence that the existing planned corridors or routes designated in the plan can adequately serve the needs of the company. Additionally, the Commission shall consider, upon the request of the governing body of any county or municipality in which the line is proposed to be constructed, (i) the costs and economic benefits likely to result from requiring the underground placement of the line and (ii) any potential impediments to timely construction of the line. (HB3031)

This wording received the agreement of Dominion Power, Allegheny Power and local governments across Virginia. The words, "any potential impediments to timely construction of the line" includes likely litigation resulting from route selection, which is more or less likely depending on the route selected.

You have a job cut out for you, but the Citizens of Virginia have through their legislature, placed their confidence in you to exercise thorough and responsible oversight regarding this most important matter. Thank you.

State Delegate Robert Marshall, delbmarshall@house.state.va.us
District:(703) 361-5416, Richmond (804) 698-1013

Full Testimony from 29th District VA State Senate Republican Candidate Bob FitzSimmonds.

Good evening. My name is Bob FitzSimmonds and I live in Bristow, Virginia. The proposed power line route runs very near my home. I am here to speak in opposition to this application.

I am a candidate for the state senate and in that capacity have knocked on 5,000 doors and have met hundreds of thoughtful people who are opposed to this application. It is hard to find any local support unless it is someone who is connected to Dominion Power and who will profit from this proposal.

Dominion Power is generally in the top 5 political donors in Virginia, but this year they are number one, having contributed more money to politicians than even the Democrat or Republican parties. Through June of this year Dominion's PAC has contributed $388,848.00 to candidates and office holders in Virginia.

Virginia has a system that is constructed to make these types of decisions based on the facts and not on political pressure from special interests. I applaud the commission for holding these hearings and hope that due consideration will be given to the outpouring of public concern that this and other recent meetings have demonstrated, rather than to the testimony of those who stand to profit substantially from this proposal.

Briefly, I would like to address several concerns that I have about Dominion's Proposal:

1. Our region is in the midst of a significant downturn in the housing market, with falling prices and a tightening credit market. The last thing we need now is highly visible 15 story steel towers further depressing home values and increasing pressure on an already stressed housing market and further diminishing the local tax base.
2. Increasing evidence exists that a contributing factor to our regional air quality concerns is pollution from the west. These power lines will promote increased coal fired generation that will further decrease air quality, certainly at the point of generation and possibly here, as well. I think it important to point out, as others have, that Dominion has done next to nothing to promote conservation, bringing into question their concern about maximizing peak time power supplies.
3. These lines will be visible for a half a mile in every direction and will be running through some of the most historic real estate in our nation, defacing historic landscape and diminishing the appeal and economic vitality of our state.

I urge you to give significant weight to the testimony of those adversely affected by this proposal and reject this application. Thank you.

BristowEnews.com urges local residents of Bristow, Gainesville, and Nokesville to visit the SCC website. Interested persons desiring to submit comments electronically may do so at the SCC's website: http://www.scc.virginia.gov/caseinfo.htm

Scroll down the page and look for Case No. PUE-2007-00031 and PUE-2007-00033.

Comment deadline is December 14, 2007.

Every comment or testimony submitted verbally or online during and after the hearing process will be part of the overall hearing record so please take a minute or two voice your opinion.

 

 

 

Date Published: 2007-08-15 06:00:00

Section: Top Headline,