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Power line combatants square off Feb. 25 in Richmond
Dominion Virginia Power started talking about building a transmission line through the Piedmont almost two years ago.
A lot has happened in the meantime.
Local governments, environmental and community groups and individuals have organized to try to kill the proposed 500,000-volt line, which would cut through Frederick, Warren, Rappahannock, Fauquier, Culpeper, Prince William and Loudoun counties.
They say the line, a project driven by greed rather than need, would scar the countryside.
They’ve collectively spent millions on lawyers, consultants and newspaper advertisements (the Piedmont Environmental Council) to stop Dominion Virginia Power and its partner, Trail Co.
Dominion and Trail Co. also have dumped big sums into promoting the project, which they consider essential to satisfying Northern Virginia’s short- and long-term electricity demands.
For its part, the State Corporation Commission (SCC) has held more than a half dozen public hearings on the matter since last summer in the area and Richmond, receiving comments from about 300 people and groups.
The vast majority of them object to the proposal.
This coming Monday, SCC Hearing Examiner Alexander F. Skirpan Jr. will conduct a key trial-like proceeding in Richmond.
He will make recommendations to the SCC’s three-member commission, which ultimately will decide whether to approve Dominion’s request.
Only participants, like Dominion, Trail Co., PEC, local governments, including Fauquier, and the SCC staff will be allowed to provide testimony during the Feb. 25 evidentiary hearing.
"I guess this is what we’ve all been building toward," Dominion Spokesman Jim Norvelle said. "The cross examination of the witnesses, instead of ‘I read your brief, and you read mine’."
PEC staff member Rob Marmet, a lawyer who will help present the group’s case during the hearing, expects an intense airing of the issues.
"Cross examination will be thorough," Marmet said. "Everything will be challenged. This is a very high-stakes proposal. And the participants don’t want to skimp on their presentation or their preparation."
Almost 70 witnesses could testify during the hearing.
The hearing will begin each day at 9 a.m. in Courtroom B on the second floor of the Tyler Building at 1300 E. Main St.
Assorted variables — the availability of witnesses and when they testify — will determine the length of the days, Farmer said.
But the daily hearings "could easily go past 5" p.m., the SCC spokesman said. "We’ll have to see how it goes."
The hearing examiner possesses the authority of a judge.
He will rule on motions, the admissibility of evidence and other matters of law, Farmer explained.
The participants will refer to Skirpan, a lawyer, as "your honor."
A bailiff, who will swear in witnesses and maintain order, will assist him. A court reporter will record the proceedings.
Participants will make opening statements, beginning with Dominion and Trail Co. and concluding with the SCC staff.
Witnesses, beginning with Dominion’s, will provide direct testimony, although this portion of the hearing should be relatively brief, because participants last year pre-filed thousands of pages of testimony on the case.
The participants then will cross-examine the witnesses.
Sparks could fly during cross-examination, suggested Norvelle, the Dominion spokesman.
"I don’t know of a previous case that has drawn as much testimony," he said.
Skirpan will base his recommendations to the corporation commission on the proposal’s vast public record, which includes testimony during hearings and filings.
In his report to the commission, Skirpan will make recommendations on the line’s need and location. He can accept, reject or modify Dominion’s proposal as he sees fit.
After Skirpan completes his work, the principals have 21 days during which to comment on his findings.
"It can be the whole gamut in play," said SCC spokesman Farmer. "All the issues are in play."
Three-member commission enjoys the same latitude, he said.
Its decision may be appealed to the Virginia Supreme Court.
Dominion claims it needs the line to satisfy Northern Virginia’s rapidly growing appetite for electricity. Without it in place and operating by 2001, the region might experience "rolling blackouts," according to the utility.
But PEC believes the line would cause irreparable harm to vistas, historical, cultural and agricultural resources and devalue property.
It believes Northern Virginia’s energy needs could be served through conservation, new technology and upgrades to existing infrastructure.
The line would link a substation at Winchester with one near Arcola in Loudoun. It would parallel an existing power line corridor.
Dominion’s alternative route between the two substations roughly would track Interstate 66.
Norvelle declined to comment on how the commission may treat the proposal.
"We hope to achieve our position," he said. "The onus is on us to show that the need exits, as we have steadfastly maintained, and the route we proposed is the best route."
He credits the opposition for forcing Dominion to prepare a thorough and compelling case for the line.
Fauquier hired a lawyer and expert consultants, who will participate in Monday’s hearing.
County Supervisor Peter Schwartz (Marshall District) believes that "top-notch people" will represent transmission line opponents during the hearing.
But "I’m not exceedingly confident by any means" that the opposition will prevail," Schwartz said. "I would like to think if the SCC will look at this open-mindedly and objectively, there’s only one possible conclusion. Whether they will is a whole different story."
E-mail the reporter: ddelrosso@timespapers


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