Virginia State Corporation Commission eFiling CASE Document Cover Sheet Case Number (if already assigned) PUE-2012-00065 Case Name (if known) Cloverhill-Liberty 230 kV Transmission Line, Liberty Loop 230 kV Double Circuit Transmission Line, and 230-115 kV Liberty Substation Document Type REEX Document Description Summary Comments of Virginia Electric and Power Company on Hearing Examiner's Rerpot Total Number of Pages 6 Submission ID 6711 elFiling Date Stamp 4/412013 9:03:40AM 42 a U1 A DomWon Resources Services, Inc. Law Department 120 Tredegar St.- Riverside 2, Richmond, VA 23219 DominioW 1A W Web Address: www.dom .com Cliarlotte P . McArce Senior COLHISCI Phone : (804) 819-2277 rar.simile : (804) 819-2183 Email: charlotte .p [email protected] BY ELECTRONIC FILING April 4, 2013 Mr. Joel H. Peck, Clerk c/o Document Control Center State Corporation Commission 1300 East Main Street Tyler Building - First Floor Richmond, Virginia 23219 Application of Virginia Electric and Power Company for approval and certification of electric facilities : Cloverhifl - Liberty 230 kV Transmission Line, Liberty Loop 230 kv Double Circuit Transmission Line, and 230-115 kV Liberty Substation Case No. PUE-2012-00065 Dear Mr. Peck: Enclosed for filing are the Comments of Virginia Electric and Power Company on Hearing Examiner's Report in the above-referenced proceeding . If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Charlotte P. M7cee Senior Counsel Enclosure Cc: Hon. Ann Berkebile Frederick N. Ochsenhirt, Esq. Bryan D. Stogdale, Esq. Garland S. Carr, Esq. tin A 1-6 W COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION Application of Virginia Electric and Power Company Case No. PUE-2012-00065 For approval and certification of electric transmission facilities in Prince William County and the City of Manassas : Cloverhill-Liberty 230 kV Transmission Line, Liberty Loop 230 kV Double Circuit Transmission Line, and 230-115 kV Liberty Substation COMMENTS OF VIRGINIA ELECTRIC AND POWER COMPANY ON HEARING EXAMINER'S REPORT Pursuant to Rule 120 C of the Rules of Practice and Procedure of the State Corporation Commission of Virginia (the "Commission"), 5 V AC 5-20-120 C, Virginia Electric and Power Company ("Dominion Virginia Power" or the "Company"), by counsel, hereby submits its comments on the Report of A. Ann Berkebile, Hearing Examiner, issued on March 21, 2013 in the above-captioned proceeding (the "Report"). As discussed more fully herein, the Company respectfully requests that the Commission issue a final order (a) approving construction in Prince William County and the City of Manassas of the Company's proposed overhead 230 kV Cloverhill-Liberty transmission line from the Company's approved Cloverhill Substation to a proposed new 230-115 kV Liberty Substation ; the proposed new 230 kV double circuit Liberty Loop transmission line from the Company's existing 230 kV Bristers-Gainesville Line 421 01 to proposed Liberty Substation; and the Liberty Substation (collectively, the "Project") ; and (b) granting a certificate of public convenience and necessity for the Project under the Utility Facilities Act (Va. Code § 56-265 .1 et seq.). The Company proposed to locate the new transmission lines entirely within existing rights of-way. 1. Background On June 29, 2012, the Company filed its application for approval and certification of electric facilities for the Project ("Application"), including 230 kV lines located entirely within existing transmission right-of-way . 1 On August 21, 2012, the Commission issued an Order for Notice and Hearing ("Scheduling Order"), which, among other things, appointed a Hearing Examiner to rule on any discovery matter that may arise in this proceeding . No participant filed a Notice of Participation in this proceeding . The conclusion presented in the Staff Report, filed on January 8, 2013, was "that the Company has reasonably demonstrated the need for the proposed 230 kV Cloverhill-Liberty Line, double-circuit 230 kV Liberty Loop, and Liberty Substation . Since the proposed route totally uses existing right-of-way, the Staff concludes that the proposed routing reasonably minimizes the adverse environmental impact to the surrounding area and that it is an optimal route."2 One public comment was filed by Mr. Michael H. Armm, who also appeared as a public witness at the February 19, 2013 evidentiary hearing, on behalf of property owner T-Rex Manassas Land LLC ("T-Rex") . Mr. Armrn requested a modification to the Company's proposed route for the Cloverhill-Liberty line, which is sited entirely within existing rights-ofway, near a planned Northern Virginia Electric Cooperative ("NOVEC") substation that would ' The Company advised the Commission, in footnote I of the Application and in Section I of the Appendix that George Mason University ("GN4U") and Prince William County (the "County") had requested a realignment of a portion of the route of the Cloverhill-Liberty line which would deviate from existing right-of-way, as shown in Attachment I.A.3 to the Appendix. 2 Exh . 8 at 17. See also Report at 5. 2 t.6 W a Ul 1-4 W require a deviation from the existing right-of-way. The Company filed rebuttal testimony from witnesses Mark R. Gill, Courtney R. Fisber, and Robert J. Shevenock, II, primarily in response to the written comments of Mr. Armm . This testimony described the Company's communications with NOVEC regarding the planned substation, the reasons for siting the Liberty-Cloverhill line within existing rights-of-way, and the cost associated with the modification proposed by Mr. AnTim . 3 At the evidentiary hearing on February 19, 2013, Mr. Armm provided public witness testimony in support of the requested realignment, and the testimony of all parties' witnesses was waived into the record without cross-examination. 4 During the evidentiary hearing, the Hearing Examiner proposed delaying the issuance of the Report for 30 days to allow Mr. Armin and his client additional time to discuss the route modification with the necessary parties, including NOVEC.' On March 18, counsel to the Company filed a letter, with a copy to Commission Staff counsel and Mr. Armm, notifying the Hearing Examiner that the Company had been advised by both NOVEC and Mr. Armm that negotiations on the realignment suggested by Mr. Armin had not progressed materially. Following the Company's submission of this update, the Hearing Examiner issued the Report, which affirmed the need for the Project and recommended that the Comi-nission adopt the Repoft's findings, grant the Company's Application to construct the Project, and issue an appropriate certificate . 6 3 Exh . 10 at 1-3 ; Exh . I I at 3-5 and Exh. 12 at 1-3 . See also Report at 6. 4 No one submitted comments or appeared in support of the realignment requested by GMU and the County. 5 Hearing Transcript at 33 and 315. 6 See Report at 9- 10. i.n A I-A IT. Clarification to Report The Company identified one statement of the Report that requires clarification. At page 9 of the Report, the Hearing Examiner states that the transmission line portions of the Project will be constructed within existing rights-of-way, "consistent with the Code,',)except for "a small portion ." The routes for the transmission lines for the Project proposed by the Company and supported by the Staff Report are, in fact, entirely within existing rights-o f-way .7 The route proposed and supported by the Company does not include the two variations from existing rights-of-way, on the GMU campus and near the planned NOVEC substation, mentioned during the proceeding. III. Conclusion In conclusion, the Company agrees with all Findings and Recommendations of the Report, but notes the single clarification discussed herein. 7 See, e.g., Exh . I I at 3, Exh . 8 at 3-5 and 17. 4 U11 A WHEREFORE, the Company requests the Commission (a) adopt the findings and recommendations in the Report ; (b) grant the Company's Application to construct the Project; and (c) issue an appropriate certificate of public convenience and necessity to authorize construction for the Project, all as proposed by the Company and clarified above. Respectfully submitted, By: Lisa S. Booth Charlotte P. McAfee Dominion Resources Services, Inc. 120 Tredegar Street Richmond, Virginia 23219 (804) 819-2288 (804) 819-2277 lisa,s.booth@dom .com cliai-lotte.p.mcafee@doin .com YJJ 00, Charlotte P. McAfee Counsel for Applicant Stephen H. Watts 11 McGuireWoods LLP One James Center, 901 East Cary Street Richmond, Virginia 23219-4030 (804) 775-4357 ,Ywatts@,mcguirewoods.com Counsel for Applicant April 4, 2013 5 I-& w G 1A A