by Steve Haner

The ongoing fight over the future of natural gas power generation in Virginia has now moved to the Virginia Supreme Court, with environmental activists asking that court to reverse the State Corporation Commissionโs (SCC) decision from six months ago approving a new gas project in Chesterfield County.
The National Association for the Advancement of Colored People (NAACP) is the lead plaintiff. The petition it filed this week raises the same claims about how the SCC had erred that were used in a failed motion for reconsideration.ย The main allegation is that the environmental effects will be unduly detrimental to black Chesterfield residents who live near the proposed plant location, in violation of the Virginia Environmental Justice Act.ย
The petition also tests two key provisions of the 2020 Virginia Clean Economy Act, which was intended byย itsย authors to prevent exactly the kind of electrical generation plant Dominion Energy Virginiaย wants to build.ย If theย highย court agrees with the plaintiffs and overturns the SCC,ย otherย Virginiaย gas plant proposals in the pipeline will also face rejection.ย ย ย
The opponents are challenging the SCCโs finding thatย because theย plant is necessary toย maintainย system reliability for Dominionโsย 2.7 million customers, thatย qualifiesย itย for cost recovery through a rate adjustment clause.ย The VCEA from the beginning allowedย the SCC to approveย construction ofย additionalย gas generationย if needed toย maintainย reliability.ย ย
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