(The Center Square) – Three Chesterfield County residents are appealing a circuit court ruling that upheld the county planning department’s decision not to require Dominion Energy to get a new permit for its proposed gas plant.
The case began earlier this year and focused on whether the county’s planning staff was correct in concluding that a new permit was unnecessary for the project. The petitioners also challenge the county’s decision not to allow the County Board of Zoning Appeals to determine whether the permit is required.
According to a press release, they dispute the judge’s finding that they failed to show the proposed plant would harm them differently than it would harm the general public. They argue the decision overlooks specific, documented harms they would face from living near the proposed site.
“Our petition laid out detailed allegations identifying and quantifying the air pollutants the plant would emit, based on Dominion’s own permit application and public records,” said Glen Besa, Friends of Chesterfield Board Chair and one of the three petitioners. “We believe the court erred by dismissing the case without accepting those facts as true, as required at this stage.”
Besa said the conditional use permit process requires public notice and a hearing before a vote, which would allow Chesterfield residents to participate and raise concerns with county supervisors.
The Chesterfield Circuit Court decision described each petitioner’s proximity to the site and the harms they alleged.
Besa lives 6.35 miles away and cited asthma that could be aggravated by certain pollutants, along with concerns about noise, traffic and light. Aliya Farooq, who lives two miles away, and Duane Brankley, who lives 1.5 miles away, raised similar concerns.
The court found the claims speculative or tied to past conditions, not to present harm from the proposed facility.
Dominion plans to build the Chesterfield Energy Reliability Center at the retired Chesterfield Power Station site near the Dutch Gap Conservation Area. The project includes four natural gas turbines that can start quickly and provide backup power for up to 250,000 homes. Dominion has said it can proceed under a conditional use permit issued in 2010 for a prior project at the site.
Dominion estimates construction will cost $1.47 billion and add about $1.36 per month to the typical residential customer’s bill, with total projected costs reaching $4.5 billion through 2064. Dominion has applied to the State Corporation Commission for a Certificate of Public Convenience and Necessity, and the Virginia Department of Environmental Quality is reviewing its air permit application, which is open for public comment.
The Virginia Court of Appeals will decide whether the dismissal stands or if the zoning issue should return to county officials for further consideration.
