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
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