Document 6526412

Virginia State Corporation Commission
eFiling CASE Document Cover Sheet
Case Number (if already assigned)
PUE-2012-00065
Case Name (if known)
Cloverhill-Liberty 230 kV Transmission Line, Liberty
Loop 230 kV Double Circuit Transmission Line, and
230-115 kV Liberty Substation
Document Type
REEX
Document Description Summary
Comments of Virginia Electric and Power Company on
Hearing Examiner's Rerpot
Total Number of Pages
6
Submission ID
6711
elFiling Date Stamp
4/412013 9:03:40AM
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DomWon Resources Services, Inc.
Law Department
120 Tredegar St.- Riverside 2, Richmond, VA 23219
DominioW
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Web Address: www.dom .com
Cliarlotte P . McArce
Senior COLHISCI
Phone : (804) 819-2277
rar.simile : (804) 819-2183
Email: charlotte .p [email protected]
BY ELECTRONIC FILING
April 4, 2013
Mr. Joel H. Peck, Clerk
c/o Document Control Center
State Corporation Commission
1300 East Main Street
Tyler Building - First Floor
Richmond, Virginia 23219
Application of Virginia Electric and Power Company for approval and certification of
electric facilities : Cloverhifl - Liberty 230 kV Transmission Line, Liberty Loop 230 kv
Double Circuit Transmission Line, and 230-115 kV Liberty Substation
Case No. PUE-2012-00065
Dear Mr. Peck:
Enclosed for filing are the Comments of Virginia Electric and Power Company on Hearing
Examiner's Report in the above-referenced proceeding .
If you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Charlotte P. M7cee
Senior Counsel
Enclosure
Cc:
Hon. Ann Berkebile
Frederick N. Ochsenhirt, Esq.
Bryan D. Stogdale, Esq.
Garland S. Carr, Esq.
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COMMONWEALTH OF VIRGINIA
STATE CORPORATION COMMISSION
Application of
Virginia Electric and Power Company
Case No. PUE-2012-00065
For approval and certification of electric
transmission facilities in Prince William
County and the City of Manassas :
Cloverhill-Liberty 230 kV Transmission
Line, Liberty Loop 230 kV Double
Circuit Transmission Line, and
230-115 kV Liberty Substation
COMMENTS OF VIRGINIA ELECTRIC AND POWER COMPANY
ON HEARING EXAMINER'S REPORT
Pursuant to Rule 120 C of the Rules of Practice and Procedure of the State Corporation
Commission of Virginia (the "Commission"), 5 V AC 5-20-120 C, Virginia Electric and Power
Company ("Dominion Virginia Power" or the "Company"), by counsel, hereby submits its
comments on the Report of A. Ann Berkebile, Hearing Examiner, issued on March 21, 2013 in
the above-captioned proceeding (the "Report").
As discussed more fully herein, the Company respectfully requests that the Commission
issue a final order (a) approving construction in Prince William County and the City of Manassas
of the Company's proposed overhead 230 kV Cloverhill-Liberty transmission line from the
Company's approved Cloverhill Substation to a proposed new 230-115 kV Liberty Substation ;
the proposed new 230 kV double circuit Liberty Loop transmission line from the Company's
existing 230 kV Bristers-Gainesville Line 421 01 to proposed Liberty Substation; and the Liberty
Substation (collectively, the "Project") ; and (b) granting a certificate of public convenience and
necessity for the Project under the Utility Facilities Act (Va. Code § 56-265 .1 et seq.). The
Company proposed to locate the new transmission lines entirely within existing rights of-way.
1.
Background
On June 29, 2012, the Company filed its application for approval and certification of
electric facilities for the Project ("Application"), including 230 kV lines located entirely within
existing transmission right-of-way . 1 On August 21, 2012, the Commission issued an Order for
Notice and Hearing ("Scheduling Order"), which, among other things, appointed a Hearing
Examiner to rule on any discovery matter that may arise in this proceeding . No participant filed
a Notice of Participation in this proceeding .
The conclusion presented in the Staff Report, filed on January 8, 2013, was "that the
Company has reasonably demonstrated the need for the proposed 230 kV Cloverhill-Liberty
Line, double-circuit 230 kV Liberty Loop, and Liberty Substation . Since the proposed route
totally uses existing right-of-way, the Staff concludes that the proposed routing reasonably
minimizes the adverse environmental impact to the surrounding area and that it is an optimal
route."2
One public comment was filed by Mr. Michael H. Armm, who also appeared as a public
witness at the February 19, 2013 evidentiary hearing, on behalf of property owner T-Rex
Manassas Land LLC ("T-Rex") . Mr. Armrn requested a modification to the Company's
proposed route for the Cloverhill-Liberty line, which is sited entirely within existing rights-ofway, near a planned Northern Virginia Electric Cooperative ("NOVEC") substation that would
' The Company advised the Commission, in footnote I of the Application and in Section I of the Appendix that
George Mason University ("GN4U") and Prince William County (the "County") had requested a realignment of a
portion of the route of the Cloverhill-Liberty line which would deviate from existing right-of-way, as shown in
Attachment I.A.3 to the Appendix.
2 Exh . 8 at 17. See also Report at 5.
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require a deviation from the existing right-of-way.
The Company filed rebuttal testimony from witnesses Mark R. Gill, Courtney R. Fisber,
and Robert J. Shevenock, II, primarily in response to the written comments of Mr. Armm . This
testimony described the Company's communications with NOVEC regarding the planned
substation, the reasons for siting the Liberty-Cloverhill line within existing rights-of-way, and
the cost associated with the modification proposed by Mr. AnTim . 3
At the evidentiary hearing on February 19, 2013, Mr. Armm provided public witness
testimony in support of the requested realignment, and the testimony of all parties' witnesses was
waived into the record without cross-examination. 4 During the evidentiary hearing, the Hearing
Examiner proposed delaying the issuance of the Report for 30 days to allow Mr. Armin and his
client additional time to discuss the route modification with the necessary parties, including
NOVEC.'
On March 18, counsel to the Company filed a letter, with a copy to Commission Staff
counsel and Mr. Armm, notifying the Hearing Examiner that the Company had been advised by
both NOVEC and Mr. Armm that negotiations on the realignment suggested by Mr. Armin had
not progressed materially. Following the Company's submission of this update, the Hearing
Examiner issued the Report, which affirmed the need for the Project and recommended that the
Comi-nission adopt the Repoft's findings, grant the Company's Application to construct the
Project, and issue an appropriate certificate . 6
3 Exh . 10 at 1-3 ; Exh . I I at 3-5 and Exh. 12 at 1-3 . See also Report at 6.
4 No one submitted comments or appeared in support of the realignment requested by GMU and the County.
5 Hearing Transcript at 33 and 315.
6 See Report at 9- 10.
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IT.
Clarification to Report
The Company identified one statement of the Report that requires clarification. At page
9 of the Report, the Hearing Examiner states that the transmission line portions of the Project
will be constructed within existing rights-of-way, "consistent with the Code,',)except for "a small
portion ." The routes for the transmission lines for the Project proposed by the Company and
supported by the Staff Report are, in fact, entirely within existing rights-o f-way .7 The route
proposed and supported by the Company does not include the two variations from existing
rights-of-way, on the GMU campus and near the planned NOVEC substation, mentioned during
the proceeding.
III.
Conclusion
In conclusion, the Company agrees with all Findings and Recommendations of the
Report, but notes the single clarification discussed herein.
7 See, e.g., Exh . I I at 3, Exh . 8 at 3-5 and 17.
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WHEREFORE, the Company requests the Commission (a) adopt the findings and
recommendations in the Report ; (b) grant the Company's Application to construct the Project;
and (c) issue an appropriate certificate of public convenience and necessity to authorize
construction for the Project, all as proposed by the Company and clarified above.
Respectfully submitted,
By:
Lisa S. Booth
Charlotte P. McAfee
Dominion Resources Services, Inc.
120 Tredegar Street
Richmond, Virginia 23219
(804) 819-2288
(804) 819-2277
lisa,s.booth@dom .com
cliai-lotte.p.mcafee@doin .com
YJJ 00,
Charlotte P. McAfee
Counsel for Applicant
Stephen H. Watts 11
McGuireWoods LLP
One James Center, 901 East Cary Street
Richmond, Virginia 23219-4030
(804) 775-4357
,Ywatts@,mcguirewoods.com
Counsel for Applicant
April 4, 2013
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