As if developers of critical infrastructure and utility
facilities don't have enough problems in getting projects built
and operating, a battle currently playing out before the DC Circuit
Court of Appeals and the District Court for the District of
Columbia demonstrates the tough and risky decisions that must often
be made to ensure reliable service to customers is maintained.
In National Parks Conservation Association v. Todd T.
Semonite, Lieutenant General, et. al,1 Virginia
Electric Power Company (VEPCO) retired two coal-fired electric
generating facilities that previously served a portion of
southeastern Virginia in order to comply with the Environmental
Protection Agency's mercury and air toxic standards established
under the Clean Air Act. However, to ensure that customers formerly
served by these retired plants had needed electricity, VEPCO
proposed to build a transmission line to address a possible
electric reliability emergency. In fact, absent the
