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County supervisors authorize $50,000 for legal action against Dominion’s power line, over Roger Welch’s dissent
By James P. Gannon
The Rappahannock County Board of Supervisors authorized spending up to $50,000 to finance legal action in opposition to Dominion Virginia Power Company’s plan to erect a second high-voltage power line along an existing transmission corridor crossing Rappahannock County.
On a 4-1 vote at its Monday afternoon meeting, the board backed up its opposition to the power line with $50,000 from the county’s general fund to be used to help finance possible legal action aimed at stopping the power line. The approval came over the objections of Supervisor Roger Welch, whose Wakefield district would be crossed by the proposed power line. Welch said he was personally opposed to the utility’s plan but also opposed to using county funds to pay for legal action against it.
“I have talked to quite a few people” in Wakefield district, Welch said. “They are opposed to using taxpayer funds for this. I can’t approve the money from the general fund to fight for this….I think it is unfortunate,” Welch said before the vote.
“I am 100 percent opposed to this power line,” Welch added. “I can use my own personal resources” to help finance private legal action against the Dominion plan, he said, “but when it comes down to sitting and writing a tax check, it’s different.”
The four other supervisors expressed support for the resolution authorizing the legal fund. Eddie Wayland of Piedmont District said he normally is wary of additional spending, but “this time I think it’s right.” The proposed transmission route does not touch his district, he noted, but said he considered the matter a fight for the county as a whole.
“I can understand Mr. Welch’s predicament,” said Ron Frazier of Jackson District, who often is opposed to additional spending measures. But, he added, “The only contacts I have had in my district have been positive–that we should fight this” power line. “I support it.”
“We need to put our feet down” in opposition, said supervisor Bryant Lee of Hampton District. Chairman Robert Anderson of Stonewall-Hawthorn District said, “I believe it is worth the fight…..If we don’t resist it, what else will come along?”
County Administrator John McCarthy, who brought the proposal for the legal fund to the board, said that authorizing the $50,000 does not necessarily mean it will be spent. “At this point, I view it as earnest money,” McCarthy said. “It does not mean it will all be spent.”
If Rappahannock County by itself sued Dominion to stop the power line, $50,000 would not be nearly enough to pay for costs of lawyers, expert witnesses and the like, McCarthy said. But Rappahannock County is discussing joining forces with Fauquier County, and possibly Culpeper County, in financing a legal fund for the battle. McCarthy said the Fauquier County Board of Supervisors has authorized $500,000 for the legal fund, and Culpeper’s supervisors will soon decide whether to join the legal effort.
In addition to authorizing the $50,000 for possible legal costs, the power-line resolution approved by the supervisors also authorized the county administrator to write Virginia Gov. Tim Kaine requesting that electrical-utility re-regulation legislation just passed by the General Assembly be amended to deny authority for Dominion’s proposed transmission project.
The resolution also authorizes McCarthy to seek the support of Delegate Todd Gilbert, and Senator Mark Obenshain, who represent the county in the legislature, for denying the transmission line by amending the utility re-regulation bill. It also authorizes McCarthy to write Virginia’s U.S. Senators, Democrat James Webb and Republican John Warner, and Rep. Eric Cantor, asking their support in opposing the power line.
-- James P. Gannon
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