Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, September 9, 1993 TAG: 9309090168
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: CATHRYN McCUE STAFF WRITER
DATELINE: LENGTH: Medium
But they vowed Wednesday to continue their fight.
A hearing examiner for the State Corporation Commission last week denied the opponents' motion to dismiss Apco's application.
Howard P. Anderson Jr., the examiner, found no reason to delay consideration of the application and ruled that Apco is entitled to a decision on the merits of the case.
A lawyer for the opponents said Wednesday that they will pursue their argument that the 765,000-volt line from West Virginia to Cloverdale is unnecessary, economically and environmentally unsound, and threatening to human health.
"I'm going to be speaking out at the hearing," said William Bilenky, the Richmond-based lawyer for the opponents.
The commission has scheduled a hearing for Tuesday to hear testimony on the effects of the electricity that leaks from power lines, called electromagnetic fields, and on geological conditions that could have an impact on the environment.
In a series of filings with the commission over the past six weeks, Apco and its opponents have bickered over the necessity for Apco to update the information in the application, originally filed in March 1990. They've also fought over maintaining an active application in Virginia when there is no similar application filed in West Virginia for that portion of the line.
Apco has proposed building a 765-kilovolt line, the largest in the world, from West Virginia to Cloverdale. The company says the line is needed to provide reliable power into the next century.
West Virginia officials have twice denied Apco's application in that state, asking the company to provide more information on environmental impacts.
The opponents had asked the commission to reopen the record on forecasts for energy demand, saying that Apco's predictions are inaccurate because the information is outdated.
For instance, Bilenky said Apco's forecast was based on a crucial assumption that by 1992, the price of natural gas would start rising, therefore increasing the demand for electric heat pumps.
"Well, my answer to that is, `Show me,' " Bilenky said.
Anderson, the hearing examiner, wrote in his ruling Friday that "Forecasts are based on projections and data that are constantly changing. Arguments can always be made to wait for `next year's' data."
He also said that Apco's application in Virginia contains a route for the 115-mile line that meets the company's intended route in West Virginia.
Apco officials have said they plan to refile an application in West Virginia, but aren't sure when.
by CNB