Board of Supervisors v. Appalachian Power Co.

215 S.E.2d 918, 216 Va. 93, 1975 Va. LEXIS 254
CourtSupreme Court of Virginia
DecidedJune 13, 1975
DocketRecords 741073 and 741074
StatusPublished
Cited by16 cases

This text of 215 S.E.2d 918 (Board of Supervisors v. Appalachian Power Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Supervisors v. Appalachian Power Co., 215 S.E.2d 918, 216 Va. 93, 1975 Va. LEXIS 254 (Va. 1975).

Opinion

Harrison, J.,

delivered the opinion of the court.

Virginia Code § 56-46.1 requires the State Corporation Commission to approve the location of certain new electric transmission lines, and as a condition to determine that the route the line is to follow will reasonably minimize adverse impact on the scenic and environmental assets of the area concerned.

On August 16, 1972, Appalachian Power Company filed application for a certificate of public convenience and necessity authorizing it to construct a proposed 765 kilovolt transmission line along a route or corridor extending from its Cloverdale Station in Botetourt County to a proposed substation site which it owns at Ivy Creek in Bedford County, 4 miles west of Lynchburg. The application was filed pursuant to Code §§ 56-46.1 and 56-265.2, et seq., and the required notices of filing were given. Public hearings on the application were held at the request of interested parties who opposed the application. A hearing was held in Bedford on November 15, 1972, and thereafter in Richmond on twelve separate days. At the request of certain intervenors the Commission viewed the routes which were then under investigation.

On July 20, 1973, the Commission concluded that the evidence introduced had established a need for a 765 kv transmission line to serve the Lynchburg-Bedford area and entered an order to that effect. The order further recited that, in addition to the line proposed in its application, Appalachian had presented data and information re *95 garding four alternate routes the proposed line could follow; that two of the alternate corridors were north of the Ivy Creek route proposed by Appalachian, and two were south of it; and also that an alternate plan had been proposed by Dr. George C. Szego, President of InterTechnology Corporation of Warrenton, for transmitting electric energy to the area. The Commission determined that the two northern alternate corridors and the alternate plan would not be further considered. It continued investigation of the Ivy Creek route and the two southern alternatives, and instructed Appalachian to furnish information and data regarding the feasibility of a route lying south of Lynchburg and terminating at a substation to be located east of that city. A copy of the July 20, 1973 order was served on the officials of Campbell County and other interested parties who might be affected by the line, the feasibility of which was to be studied.

Appalachian reported on October 26, 1973, that a feasible route existed south of the Ivy Creek route and south of Lynchburg, and that a feasible substation site had been found east of Lynchburg. This route became known as the Joshua Creek route.

Thereafter, and pursuant to the Commission’s order of December 6, 1973, 1 notice was published and given to officials of Campbell County and to others that the Joshua Creek route was under consideration as the route which Appalachian’s proposed 765 kv transmission line would follow. Requests for a hearing were received by the Commission, and by order entered February 8, 1974, a hearing was set for March 11, 1974. At that time the Commission received testimony from a number of witnesses for Campbell County and others concerning the Joshua Creek route. A personal inspection was made of the route by all three Commissioners on April 5, 1974, at which time they were accompanied by representatives of the parties to this proceeding.

On July 5, 1974, the Commission entered an order directing that the transmission line be constructed along the Joshua Creek route, to which order appellants filed notice of appeal and assignments of error. 2 This appeal is before us as a matter of right.

*96 While the appellants have made twenty assignments of error, the dispositive questions involve: (1) the need of the Lynchburg-Bedford area for additional power; (2) the use of a 765 kv transmission line to supply the power; and (3) whether or not the Commission complied with Code § 56-46.1 in approving the Joshua Creek route.

The Commission’s finding of need is fully supported by the record. There was testimony that electrical demands in the area have increased at a steady rate and that there will be a need by 1976 for reinforcement of existing power systems to avoid curtailment of power and possible interruption of service. A utility must construct electrical generating and transmitting facilities to supply the peak electrical demands of its customers. To provide reliable electric service a utility must be able to satisfy the collective-use needs, at any given moment, of all its customers.

Appalachian’s Executive Vice-President, W. S. White, Jr., testified that the 1971 peak load demand in the area was 227,000 kw and projected that load to increase to 350,000 kw by 1975, to 500,000 kw by 1980, and to 750,000 kw by 1985. The Commission’s staff consultant, Sam G. Berry, Assistant Professor of Finance in the School of Business at Virginia Commonwealth University, projected that the peak load would be 343,000 kw in 1975-76, 486,000 kw in 1980-81, and 684,000 kw in 1985-86. Dr. Szego, testifying on behalf of the Central Virginia Environmental League, predicted that the consumption of electrical energy and the peak load would grow at an annual rate of about 7.4%. His adjusted predictions reflect an estimated peak load of 324,000 kw for the 1975-76 winter season, 463,000 kw for 1980-81, and 662,000 kw for 1985-86.

Raymond M. Maliszewski, an official of the American Electric Power Service Corporation, testified that additional capacity will be needed in the Lynchburg-Bedford area when the peak load reaches 350,000 kw, which is estimated to be reached in 1976. Ernest M. Jordan, Jr., Director of the Commission’s Division of Public Utilities, agreed that Appalachian needed additional facilities to supply the growing power demands of the area and to interconnect with neighboring electrical utility systems. In Jordan’s opinion “time is becoming a critical factor and . . . steps should be taken in the near future to meet this additional power need”.

In determining the question of need, the Commission properly considered the present and the future needs of the entire Lynchburg- *97 Bedford area, and it found substantial evidence showing the existence of need for additional power.

We now consider whether one 765 kv line is the proper facility to supply the power needs of the area and to reinforce Appalachian's transmission facilities. A 765 kv line is a massive, extra-high voltage facility. Appellants say that it is thirty times more powerful than anything presently in the Lynchburg area. The rights-of-way are 200 feet wide, and the towers extend up to 180 feet in height.

Appalachian argues that by taking advantage of the efficient transmission of power and extra-high voltage it can utilize its extensive generating force in West Virginia and in Southwest Virginia to supply power to its Lynchburg-Bedford area customers. It was testified that the line would allow the Lynchburg-Bedford area to be tied to a generating station located along a 765 kv transmission system which starts at Lake Michigan and crosses the western border of Virginia into Dickenson County.

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215 S.E.2d 918, 216 Va. 93, 1975 Va. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-supervisors-v-appalachian-power-co-va-1975.