Questions & Answers

	Existing power line in Rappahannock County. Photo by Carl Zitzmann.

Q. What is the Power-line Landowners Alliance (PLA)?

A. The PLA is an association of citizens organizing to fight Dominion Power’s proposal to add another power line to the existing one that runs through Warren, western Fauquier, Rappahannock, Culpeper, southern Fauquier and Prince William Counties. The Rappahannock League for Environmental Protection (RLEP), Concerned Culpeper Citizens (CCC), and other groups are facilitating the formation of the Alliance and are providing administrative assistance to the PLA.

The Alliance believes that the need for a power line has not been demonstrated and that any line in scenic northern Virginia should be placed underground.
The Alliance believes the proposed route for the power line will be extraordinarily and unnecessarily financially burdensome on the landowners along and near the route. For this and numerous problems associated with the proposal, the Alliance proposes to do everything it can to prevent its approval and ultimate construction.

Q. Why is the PLA necessary?

A. No organizations, government or private, are representing the specific interests of affected landowners. If those directly impacted do not organize collectively to fight the proposed power line, the Virginia State Corporation Commission (SCC) would have little reason to deny what Dominion says is its ‘preferred’ route.

Q. What are the major strategies of the PLA?

A. The first and most important step Dominion Power must take to build the line is to obtain the approval of the SCC. Dominion has filed for that approval, the process has begun, and it will accelerate now that the SCC has issued the Order for Notice and Hearing. The process could take up to a year or more to complete.

• The Alliance will seek to prove that the financial aspects of the proposed line have been seriously underestimated by Dominion Power in four respects:
  

1. Dominion’s normal ‘parcel extrapolation’ process for appraisals typically underestimates the value of land and easements it knows it must purchase.

2. Dominion does not include reduced property values for those parcels adjacent to the route.

3. Dominion places no value on ‘viewshed’ damage to any parcels. Virginia statutes allow compensation for proven damage.

4. Dominion assumes it will have to compensate through condemnation only a small fraction of properties, i.e., almost no property owners will hold out for the greater compensation available through that process.

In summary, making the case that the proposed power line is far more expensive and undesirable than portrayed by Dominion will establish a powerful incentive for the SCC to give added consideration to the question of ‘need’ and to the underground alternative.

• A second strategy is to examine carefully Dominion’s tabulation of environmental, scenic, historical features. That tabulation is incomplete, and minimal with respect to damage value.

• PLA coordinates its efforts with the affected county governments, as well as such organizations as the Piedmont Environmental Council (PEC), which is aware of the Alliance and its plans and strategies. Other organizations with whom the Alliance will work and coordinate efforts are Virginians for Sensible Energy Policy (VSEP), Southern Environmental Law Center (SELC), the Concerned Culpeper Citizens (CCC), RLEP, a newly forming group in Prince William, and others.

• The PLA has launched a member/landowner education effort to make sure that all landowners are fully aware of how to deal financially with Dominion Power. That includes the information developed by the Alliance on the actual devaluation which the line is likely to cause to their individual property. If appropriate, PLA advisors and experts may advise landowners how to reject Dominion’s land acquisition offers.

Q. How do these strategies fit with PEC and other efforts?

A. They fit exceptionally well and indeed play a very complementary role. PEC and other organizations realize that unless the landowners affected by the proposed line effectively defend their interests and present their case, all other strategies may be doomed to failure. Dominion will testify to the SCC that landowners have filed no serious objection to its proposed, ‘preferred’ line.

• The PEC strategies are to oppose the power line anywhere based on their research that shows that the line is not needed and that power needs can be met by greater power conservation methods. They also cite historic, environmental and scenic impacts as reasons not to build the additional line anywhere. The PEC is also awaiting technical reports on the possibility of putting the line underground. If PEC can develop this evidence, it will become an alternative strategy that all organizations including PLA, can and will support.

• It is the Alliance’s strong belief that the PLA will give the SCC a reason to consider the ‘need’ issue more intensely. We also believe that our evidence, together with the possible PEC evidence on the cost of undergrounding, will so narrow the cost gap between the ‘preferred’ line and the undergrounding alternative as to permit the SCC to seriously consider ordering the line to be put underground.

Q. How much will it cost to represent the landowners throughout the SCC process?

A. Because of the formality and complexity of the process, the SCC requires that Respondents have legal counsel. We have also reached our initial goal of raising $150,000. But, as we stated when the PLA was organized last June, we know we’ll need more resources before the SCC decision is issued sometime in 2008—probably another $150,000. We hope in the very near future to announce a significant matching fund program where your donations will be matched, dollar-for-dollar, by a grant from one or more concerned individuals.

Q. What is involved in these costs?

A. Any citizen can comment on the proposal in the SCC’s local public hearings. But legal and technical experts are required for the higher sessions with the Hearing Examiner and the Commissioners in Richmond.

The initial costs will be for the multiple necessary legal filings, technical expertise such as land appraisers, environmental scientists, historical experts, and scenic/tourism authorities.

Additional costs may be incurred to build the responses to the inevitable counter charges and challenges made by Dominion Power to the positions of the Alliance and others opposing the power line.

Q. Is this enough money?

A. We think so, because other organizations will make complementary cases, and by coordination can take advantage of mutual filings and responses. However, it is possible that we may have to raise additional funds.

Q. How do you plan to raise that money?

A. We hope that all of the landowners affected by the line, including those whose property it actually touches as well as those neighbors whose viewshed is affected or whose property values may be affected, will all contribute to the fund. We estimate that there are about 400 landowners directly affected and another 400 neighbors that are negatively impacted by view.

We already have half the amount in donations and pledges from a number of upset and generous landowners. More is needed. Please donate generously!

Q. If I make a contribution will it be tax-deductible?

A. Yes. Because the Rappahannock League for Environmental Protection (RLEP) acts as the Alliance’s Fiscal Agent, and its 501(c)3 tax status allows contributions to be tax deductible. Its Board of Directors, including an Alliance leader, have the legal authority to direct whatever funds are necessary to fight Dominion’s proposal and to protect all 400 properties. RLEP’s attorney states the IRS does not view this process as donating funds to oneself.

Q. Why isn’t the PLA handling the money?

A. The Alliance will be a de facto nonprofit, unincorporated association. It will have members and a Board of Directors, but will have no employees or administrative capacity. We plan to make this a one-time effort, and as soon as the issue is decided, we will disband.

Q. How can contributors be assured their donations will be used solely to fight the proposed power line and not other activities of the RLEP?

A. RLEP was created 37 years ago to fight a similar power-line issue. RLEP has created a PLA account, which is overseen by the RLEP Board of Directors in conjunction with members of the PLA Board of Directors, thus assuring contributors that their funds will be used for no other purpose than an PLA activity. Members contributing to PLA will be given access to the PLA’s books.

Q. What about the PLA Board of Directors?

A. The Board is comprised of nine landowners and an RLEP representative.

Q. Why not just take Dominion’s offered compensation?

A. The record is clear that Dominion’s offers are invariably low. Those who hold fast to an expert appraisal will do much better.

Q. What can I do besides donate and comment?

A. The PLA, PEC, and the constituent support structures can always use help in contact lists, distribution, office work, meetings, and other administrative functions. Call the closest group.

Links to detailed information:

http://www.dom.com/about/elec-transmission/powerline/meadowbrook/sccapp.jsp

http://www.scc.virginia.gov/caseinfo/notice.aspx [use Case number PUE-2007-00031] ***Please note that the SEC website requires you to use Internet Explorer (IE7) to download documents.***

The Piedmont Environmental Council website: www.pecva.org