Guest Column

Barbara Kessinger


 

 

Transmission Travesty

 

Virginia regulators are taking a go-slow approach to Dominion's proposed high-voltage transmission line. But the feds are creating a mechanism that could bypass state authority.


 

Just two days apart last month, the Department of Energy (DOE) finalized the Mid-Atlantic Area National Interest Electric Transmission (NIET) Corridor and the Virginia State Corporation Commission (SCC) extended the time frame for considering Dominion Power's proposed 500kV transmission line project.


Both proceedings involve regional analyses that will impact Northern Virginia and the piedmont, and now that the General Assembly election is over, residents should take the time to understand the processes at work.


At the federal level, the DOE on Oct. 2 designated a final Mid-Atlantic Area National Corridor that is virtually unchanged from the draft designation issued six months ago: It still includes 15 Virginia counties for a 12-year period.


In the weeks that followed the final corridor designation, multiple parties -- individual citizens, environmental organizations, public commissions, and state representatives -- filed applications for rehearing, asking the DOE to reconsider its decision.


Many individuals said they did not feel the DOE had  adequately addressed the written comments they had filed previously.


The Southern Environmental Law Center et al. (including the Piedmont Environmental Council) characterized the corridor designation as "unlawful" and "fatally flawed."


The Pennsylvania Public Utility Commission appropriately renamed the so-called corridor a "Transmission Park."


Gov. Timothy M. Kaine and Attorney General Bob McDonnell reiterated their previously expressed concerns.


The common thread running through many of the applications for rehearing is this: The DOE ignored strong and compelling opposition to its draft corridor designation and needs to seriously reconsider the reasonableness, the prudence, and the lawfulness of its final action.


Meanwhile, at the state level, Virginia SCC Hearing Examiner Alexander Skirpan issued a ruling on Oct. 4 extending the time frame for evaluation of the Dominion Power application.


The Virginia Office of the Attorney General had previously filed a legal memorandum in that case in September, on Sept. 4, concluding that "Virginia law may require the commission to consider multi-state need."


SCC staff subsequently filed a motion on Sept. 19, noting that Dominion Virginia Power's "application is both complex and novel" and citing the additional factor of another proposed regional transmission project in requesting more time to conduct its need analysis.


The Oct. 4 ruling reset the start of the evidentiary phase of the hearing for Feb. 25, 2008.


Significantly, the DOE has kept its corridor designation process on a fast track, while the SCC, prudently and commendably, has slowed its process to allow more time for a thorough analysis.


Notwithstanding the regional aspects of these energy analyses, the proceedings in both of these venues are otherwise complicated. Many different combinations of non-transmission alternatives could obviate any need that might exist for the corridor, the power line project, or both. Thus, the proceedings are also complicated by this additional layer of analysis.


The DOE would be wise to follow the SCC's lead and proceed circumspectly and objectively as it considers the many applications for rehearing set before it, instead of persisting steadfast and unwavering in its pursuit of an overly broad corridor.


As the rehearing process continues, Congress has an opportunity to correct any unintended consequences of the Energy Policy Act of 2005.


Also, as the SCC considers the merits of Dominion Power's application, the Virginia General Assembly has an opportunity to fully explore, debate, and embrace sound 21st-century energy policy.


Citizens should continue their efforts to understand basic energy issues and promote better energy solutions. Our public officials should lead the charge for change.

 

-- November 26, 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Barbara Kessinger is a native Virginian and mother of eight who serves as a coordinator for the Prince William Energy Coalition (PWEC), a participant in the SCC Electric Energy Consumption Reduction Workgroup, and an organizer for the Mid-Atlantic Concerned Citizens Energy Coalition (MACCEC). A Haymarket resident, Ms. Kessinger is also a 1984 graduate of the GMU School of Law.

 

This column first appeared in the Gainesville Times and was republished with the permission of the author.