Planned Surry Coal Plant Hits a Snag

By Desiree Parker Tuesday, November 22, 2011

An artist's rendering of where the plant will be situated.

Plans for a new coal-fired power plant in Surry suffered a setback last week when Surry County’s Circuit Court judge ruled that a Dendron Town Council zoning change approved last year was not valid.

The Old Dominion Electric Cooperative (ODEC) plans to build a 1,500-megawatt power plant on 1,600 acres in the town of Dendron. In February 2010, the Dendron Town Council voted to approve zoning changes that would allow ODEC to proceed with the project. The approval was by a slim margin, with three members abstaining from the vote and three members voting to approve the change. Mayor Yvonne Pierce cast the tie-breaking vote.

Some members decided to abstain because they said the meeting was not properly advertised and citizens weren’t aware that council was ready to vote. Here is YouTube video of the meeting:

Four citizens were upset enough that they brought the issue before a judge, who ruled in their favor last week, though ODEC filed several motions along the way in an effort to get the case tossed.

Citizens Helen Eggleston, John Pond, Willie Richardson and Michael Drewry filed suit against ODEC, Dendron’s Town Council and Mussel Fork Farm (the land owners). Drewry, a farmer and an attorney whose grandfather was born on the land in question, represented himself and the other plaintiffs pro bono.

Though the defendants argued that the notice given was adequate, Judge Samuel Campbell’s take was that it wasn’t enough for council to advertise that it would “receive public comments.” This is “markedly different from a notice stating an intention to consider the applications,” Campbell wrote in his ruling, and he found that council “acted beyond the authority granted to it by the General Assembly.”

“This is a significant victory for citizens and due process, given the considerable hardship incurred challenging a well-funded corporation that has consistently defended a clear violation of public notice requirements,” Drewry said.

In a statement issued on the ruling, ODEC said, “we’re disappointed with the judge’s unexpected decision in this matter. We believe this delay is merely procedural and will ultimately be vindicated on the merits of the Cypress Creek project proposal.

“On the long arc of activities involved with licensing and building a base-load power facility such as Cypress Creek, there are going to be fits and starts. This is an example of such, and there may well be others.”

ODEC can appeal the ruling, or council could hold another public hearing and vote on the issue, but right now ODEC is still deciding what to do. “At this time, we’re looking at the judge’s decision to determine how to proceed. We look forward to continuing to work with the people of Dendron.”

Drewry said the case may have been brought forward by only four citizens, but he feels many more supported the group’s overall concerns about the coal plant. “ODEC says, hey, it’s just four citizens, but it’s not. Look at the local election results.”

Drewry ran against Ernest Blount in Surry’s recent Board of Supervisors race and lost by 38 votes.

“Our concern is that local government is not looking at the details of [the project],” Drewry said, “and local elected officials are not looking at citizens’ rights.”

The ruling comes on the heels of neighboring Isle of Wight County's Board of Supervisors voting last week to oppose the power plant.

The city of Williamsburg hasn’t yet come out in opposition to the plant, but offered a letter of concern last year and said it would monitor the progress of the plant and submit thoughts to regulatory agencies at appropriate times.

ODEC announced in September last year that it would delay building the plant by 18 to 24 months, due to a slowdown in energy demand and uncertaintly in new regulatory policies.