September 26, 2007

KDH loses battle with NC Power

Back in May I outlined the dispute between the Town of Kill Devil Hills and NC Dominion Power over the location of overhead transmission lines.
On the 18th of this month the Commission released an order overturning a KDH zoning ordinance that required a single corridor for power lines in the town. This clears the way for NC Power to construct a transmission line from Kitty Hawk Road to the existing transmission lines on Rt. 158 near the YMCA in Nags Head.
I can't copy the text of the order so I will try to summarize. The NC Utilities Commission first established that KDH zoning rules infringed on the Commission's area of authority therefore the ordinance was preempted by the Commission's authority. The Commission went on to find that the ordinance that wasn't legal also made it impossible for NC Power to provide for the power needs of its customers so it was set aside on those grounds as well. This is 28 pages in about 2 sentences so if you want the full impact read the order or at least read the last 2 pages. Thats where the final findings and order are.
This ruling was not a surprise. I picked NC Power to win in May. KDH probably has the option of a suit to challenge the Commission's decision but it would be a very tough fight to win. My bet is that the Town gives way and tells its citizens that they tried as hard as they could but the cards were stacked against them, which is absolutely true.

Note: I have been away and I keep thinking someone must have reported this story but I can't find it. If this is old news sorry.

To those who have wondered why this site has been so quiet, thanks for your concern. I am fine just busy. I have a couple of projects that I am involved in and they have been taking a lot of time and energy. My plans are to post when I have time and a good subject but not as frequently as earlier this year. We'll see what happens.


At 7:30 PM, Blogger Paula the Surf Mom said...

Bob you're back!!!!


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