BASF Corp. v. State Corp. Comm’n

The State Corporation Commission issued to Virginia Electric and Power Company certificates of public convenience and necessity authorizing the construction of electric transmission facilities. BASF Corporation appealed, challenging the approval of the transmission line’s route across an environmental remediation site on its property along the James River. James City County, Save the James Alliance Trust, and James River Association (collectively, JCC) also appealed, challenging the approval of an overhead transmission line that will cross the James River and a switching station that will be located in James City County. The Supreme Court affirmed in part and reversed in part, holding (1) the Commission did not err in its construction or application of Va. Code 56-46.1’s requirements that the power company reasonably minimize adverse environmental impacts on the area concerned, and the Commission’s findings were not contrary to the evidence or without evidentiary support; and (2) the Commission erred in concluding that the switching station was a “transmission line” under Va. Code 56-46.1(F) and therefore not subject to local zoning ordinances. Remanded as to the JCC appellants. View "BASF Corp. v. State Corp. Comm’n" on Justia Law