Northern Virginia Daily, October 11, 2008

by Garren Shipley

Legislators write letters asking for SCC order of approval to be taken to highest state court...

State and federal legislators are urging Virginia's attorney general to take the fight against a 500-kilovolt transmission line to the next level.

Both Rep. Frank Wolf, R-10th, and Del. Bob Marshall, R-Manassas, wrote to Attorney General Bob McDonnell this week, asking him to take the Trans-Allegheny Interstate Line's approval to the Virginia Supreme Court.

Three judges of the State Corporation Commission gave their final approval to the $1 billion-plus project earlier this week, finding the line to be the most likely way to avoid blackouts and other problems in Northern Virginia as soon as 2011.

Opponents of the line argue that it's not needed, but if it is, that there are far better options — such as conservation or underground construction of the line — that wouldn't harm property values along the route or damage historic sites.

The planned route would take the line from a substation near Middletown through Warren County before eventually ending in Loudoun County.

The SCC's order leaves the door open to challenge the power line in several places, according to Wolf.

Wolf also noted a comment from substitute Commissioner Preston Shannon, who pointed out that "transmission planning and interconnection of generating plants to the grid are no longer based solely on what is best for Virginia."

"Shouldn't the SCC always be doing what is in the best interest of Virginia? It is appalling that this decision allows other states' needs to be put before the Commonwealth's," Wolf wrote.

"I urge you to exhaust every option under your authority and consider the ramifications of such a massive project, particularly given these concerns raised by the SCC commissioners in the final order," he added.

Writing in a separate letter, Marshall proposed a different line of attack, asking McDonnell to challenge a portion of Virginia law that puts regional grid operator PJM Interconnection into the driver's seat for transmission line planning.

"I do not agree with the SCC commissioners' reading of the Virginia power statute that the General Assembly in effect gave away the authority to regulate the placement of transmission lines out of the hands of the SCC," he wrote.

"That would be an unconstitutional delegation of public authority which the General Assembly CANNOT do," Marshall added.

McDonnell spokesman Tucker Martin said the attorney general's office was reviewing Wolf's letter on Friday.

"We appreciate Congressman Wolf's diligent representation of his constituents and respect his views," Martin said. "We will have no further comment at this time."