Fauquier, PEC appeal power line decision

The Piedmont Environmental Council (PEC) and three area counties, including Fauquier, want the Virginia Supreme Court to kill a proposed high-voltage transmission line through the Piedmont.

PEC, Prince William, Fauquier and Culpeper counties last week filed notices to appeal the State Corporation Commission's (SCC) approval of the 500,000-volt line.

Three community groups that fought the project, Virginia's Commitment, Virginians for Sensible Energy and the Power-Line Landowners Alliance, also plan to appeal the SCC decision.

Dominion Virginia Power and its partner Trans-Allegheny Interstate Line Co. said the transmission line must be in place by the summer of 2011 to prevent "rolling blackouts" in Northern Virginia.

But critics disagree, claiming Dominion and Trans-Allegheny could satisfy future electricity demands through conservation, new technology and upgrades to existing infrastructure.

PEC, Prince William, Fauquier and Culpeper want Virginia's highest court to overrule the SCC.

Lazaro declined to say whether he believed the state supreme court would reverse the SCC decision.

But, he said, "We wouldn't go there if we didn't think we had a chance. You don't play to lose. You don't go to the championship game thinking you're going to lose."

The Warrenton-based environmental group has spent more than $3 million to stop the project.

Fauquier submitted its notice appeal to the Virginia Supreme Court on Nov. 5, the day before the deadline.

"The county's position is the commission's decision is erroneous," County Attorney Kevin Burke said. "It's primarily a legal issue. But I don't want to get into specifics until we file our briefings and do the pleadings" in several months.

The seven-member court will not consider new evidence or testimony. "It's strictly a review of the record and the [SCC] decision," Burke said.

He will represent Fauquier before the court. Fauquier spent more than $500,000 for legal and expert testimony fees during the SCC review of Dominion's application.

Fauquier Supervisor Holder Trumbo (Scott District) refused to venture a guess on the possibility that the court will overrule the SCC.

"There's no way I'm going to speculate on that," Trumbo said. "I honestly don't have a firm, good idea."

But he supports the appeal because "I think we feel like there's a shot. It may be a long shot, it may not be. And we're doing it in-house, not with outside consultants. So there's not the extra cost."

Dominion spokes woman Le-Ha Anderson said the planned appeals do not "change our commitment" to the project.

Asked if Dominion was concerned the state supreme court might reverse the SCC ruling, she said, "That's not something we can conject. We don't know that the supreme court will do. We believe we provided the best available data and [proved] the need for the line."

The line would link a substation near Winchester with a substation near Arcola in Loudoun.

Besides Loudoun, it would cut through Frederick, Warren, Rappahannock, Fauquier, Culpeper and Prince William counties.

It would track an existing transmission line, requiring some additional right of way.

The transmission line would be suspended from steel towers standing up to 150 feet tall. The multi-state line would serve Virginia, West Virgina and Pennsylvania.

The SCC and its West Virginia counterpart approved the line contingent on West Virginia regulators signing off on the $1 billion project.

A Pennsylvania administrative panel recommended the project's denial.

Pennsylvania officials may render a final decision soon.

E-mail the reporter: ddelrosso@timespapers.com