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Legal group challenges need for Dominion’s pipeline

local legal group will file a last-minute opinion that there isn’t enough market demand for a $6 billion pipeline. The Federal Energy Regulatory Commission, which will eventually approve or deny plans for the Atlantic Coast Pipeline, is accepting comments for its draft environmental impact statement until April 6.

“I think the bottom line here is that Dominion is rushing forward with a project that has real questions about its public necessity,” says Southern Environmental Law Center attorney Greg Buppert. “FERC is also not looking at the issue.”

Dominion Energy and Duke Energy are the major companies backing the pipeline.

“Once this pipeline is in the ground, ratepayers will be stuck with it,” says Buppert. “Landowners will have lost their property to Dominion, and, at that point, it’s going to be too late to say this project wasn’t really needed. The problem is no one is looking; no regulators are asking this question right now.”

Attorneys with the SELC used electricity forecasting models for the next 10 years from PJM Interconnection, the group that controls the electricity grid throughout the state, to assess the current and future need for more electricity.

“The data from PJM is striking because that’s not our analysis, it’s analysis from the grid manager who has a vested interest in making sure the grid is working and understanding what the demand for electricity is going to be,” Buppert says. “It estimates projections that are a lot less than Dominion’s.”

For instance, SELC attorney Will Cleveland compares Dominion and PJM’s projections for 2027. While the former has the summer peak demand estimated at 24,016 megawatts, the latter is estimating it at 20,501 megawatts—a difference of 3,515 megawatts.

“To put that into perspective, the massive natural gas power plant that Dominion is currently building [in Greensville County] is about 1,600 megawatts in size,” he says, so the gap between the two forecasts is a little more than two additional power plants. “So, if PJM’s load forecasts are more accurate, which we think they are, that’s two new power plants Virginia doesn’t need.”

The plant in Greensville will cost state ratepayers about $1.5 billion.

Dan Genest, a spokesperson with Dominion Virginia Power, which will be a customer of the ACP, says there are several reasons for the discrepancy between his company’s forecasts and PJM’s.

“In its forecasting model, PJM fails to take into account several factors that drive up demand that are unique to Virginia,” he says, including data centers, major electric appliance saturation—or exactly how many refrigerators, stoves, water heaters and other appliances are in Virginia homes and how much energy they use—and a large presence of federal, state and local government facilities such as military bases and offices.

Genest also points to PJM’s treatment of solar energy facilities, which have a negative impact and reduce its overall load forecast. Though those at Dominion say renewable energy is important, it is often undependable, and they can’t factor it into their projections, Genest says.

“So at nighttime or when it is cloudy, the customer still expects his lights will work even though his solar system is not [working],” Genest says. “Let’s say a customer uses 1,000 kilowatts of electricity per month and he generates about 100 kilowatts per month from rooftop solar. We still need to have enough electricity to cover that customer’s full needs when his solar is not operating.”

In February 2015, ICF International, an independent consulting service based in Fairfax, released a study showing the economic impacts of the Atlantic Coast Pipeline, which projected a 165 percent increase in demand for natural gas between 2010 and 2035—in part because utilities are closing a number of coal-burning plants to make way for cleaner-burning natural gas.

Regional pipelines are already operating at full capacity, Dominion says, and though some expansions are planned, they are already fully subscribed in terms of customers.

But pipeline opponents still maintain there’s a better way to meet Virginia’s energy needs.

“For better or for worse, Dominion is doubling down on gas for the next 80 years,” says Buppert. With renewable energy systems gaining momentum and their prices continuing to drop, he says, “This is the wrong time to make a massive investment in gas.”

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Honorable discharge: Will toxic water be dumped in the James?

Environmental groups and concerned citizens worry that Dominion’s intentions to dump millions of gallons of wastewater per day into the James River won’t go swimmingly.

Alleging that the wastewater potentially being discharged from a Fluvanna County power station will contain coal ash and toxic metals, some are worried about the environmental impacts on the river in which many swim, fish and boat.

The Department of Environmental Quality has issued the permit, but is allowing comments from the public until December 14.

“I will certainly not swim in those waters,” Pat Calvert, a riverkeeper with the James River Association and longtime boater says, if the DEQ permanently allows Dominion’s proposed permit. It’s his job to keep the river clean, and he says it’s his intention to protect water quality and river integrity.

Calvert says millions of Virginians rely on the river for drinking water, recreation and economic value. Various levels of danger are associated with each chemical present in the coal ash wastewater—lead, arsenic, mercury, selenium, boron and thallium—that could be dumped and, though the DEQ will require the chemicals to be diluted and present below certain levels, he says most of the contaminants are heavy metals with varying levels of toxicity, radioactivity and potential for damage to water quality and human and aquatic health.

“Those who may ingest or be exposed to discharged wastewater could be affected by these substances, particularly while they are less diluted and in higher concentrations,” he says. “Fishing could be affected through the effect on the game fish and the forage.”

The wastewater in question will be discharged from the Bremo Power Station in Fluvanna. Last April, Dominion announced it would close its coal ash ponds at four sites, including one at Bremo, but critics say the power company basically closed the ponds by covering them up and allowing the pollution to continue indefinitely. Now the water needs to be removed.

A DEQ employee says he’s aware of the concerns, but says some people don’t understand exactly what his organization aims to permit.

“We’re not authorizing Dominion to dump coal ash into the James River,” says Brandon Kiracofe, the water permits and compliance manager for the DEQ’s Valley Regional Office. He says controlled discharged wastewater flowing from an outfall pipe will be diluted at high enough levels that none of the chemicals present in the water will be dangerous. The DEQ will monitor the water before it’s discharged, he says, to make sure levels of chemicals in the water don’t surpass the limits that are set.

Dominion spokesperson Dan Genest says as soon as the permit is issued, the company will start building two treatment facilities on the property, and all wastewater will be treated before it’s discharged.

“We commend them for caring about the James River,” he says about the activists trying to shut the project down. “But we all share the same goal—to make sure the discharges do not have any effect on the James River.”

Public comments can be e-mailed to Beverley Carver at beverley.carver@deq.virginia.gov.

Updated November 9: The original story misstated the e-mail address to which comments should be sent.