The state for 30 years has wrongly allowed Dominion Virginia Power to discharge hot wastewater into Lake Anna from its nuclear power plant near Richmond, a judge has ruled.
Environmentalists hailed the decision Friday by Richmond Circuit Court Judge Margaret P. Spencer. They said it should lead to first-ever regulations of atomic wastewater and cool parts of Lake Anna, a central Virginia landmark known to eclipse 100 degrees on summer days.
"This is huge," said Louis Zeller, science director for the Blue Ridge Environmental Defense League. "We and lakeside residents have long believed that Dominion is guilty of thermal pollution." Such pollution, he said, threatens human health, property values and aquatic life.
The court ruling also could complicate a billion-dollar proposal from Dominion to expand its North Anna nuclear power plant by building a third reactor on Lake Anna in Louisa County.
While Dominion has recommended an air-cooling system for the new reactor, the project still would influence lake levels and temperatures, said Harry Ruth, president of Friends of Lake Anna, a conservation group.
Since 1978, the state has considered a 3,400-acre section of the lake closest to the nuclear plant a "waste treatment facility," not a public body of water. As such, this westerly section, known as "the hot side," has been exempt from state water-quality rules.
Spencer turned this interpretation on its ear. The judge instructed the State Water Control Board to draft a new discharge permit for the nuclear station so that the lake never exceeds 89.6 degrees, said Robert Wise, a Richmond attorney representing the environmentalists.
Bill Hayden, a spokesman for the Virginia Department of Environmental Quality, said Monday that state regulators soon will meet with the attorney general's office to discuss a possible appeal.
Jim Norvelle, a spokesman for Dominion, the state's largest electric utility, said the court ruling will be challenged to the Virginia Court of Appeals.
"The cooling lagoons are private water bodies," Norvelle said. "The whole reason for building them was to cool the steam that creates electricity at the power station. We wouldn't have built them otherwise."
Dominion sculpted the lake for the North Anna nuclear plant from piney forests between Richmond and Charlottesville in the 1970s. Since then, Lake Anna has grown into a tourist attraction and a popular residential area.
About two-thirds of the lake - "the cool side" - is regulated as a public waterway and hosts a state park. The other third, separated from the main lake by earthen berms, is not.
Wise, the environmental attorney, said federal law exempts small lagoons and flood ponds from water-quality regulations - but not a large body of water such as the "hot side," where people fish, boat and swim.
"We are thrilled the court agrees with us that the 'hot side' of Lake Anna is entitled to and deserves the full protection of Virginia and federal law," said Wise, a partner with Bowman and Brooke LLP.
Scott Harper, (757) 446-2340, scott.harper@pilotonline.com
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Could there be a hefty fine like Bedford's proposed?
What's fair is fair! Fine per day equates to how much revenue?
Confused
I don't think it is entirely the "...visions of mushroom clouds, bombs and obileration[sic]" but rather the still recent memories of Three Mile Island, Chernobyl, and the Windscale fire to name a few. Not to mention that gigantic boondoggle they call Iron Mountain or that most folks just don't like the idea of nuclear waste being hauled around on the highways and RR's. Then of course there is the fear that is constantly reinforced of "terrorists" and whatnot flying planes into things. You know, like nuclear reactors. What a mess that would be. Nuclear power is completely safe ... until something goes wrong and when it does, boy does it ever. There is never enough money to maintain them or shutter old ones but, building nuclear plants is a HUGE money maker. So, you have to watch who is pushing for it ask "Why?". Didn't Halliburton "lose" some radioactive material for two months in '05 and "find" it in Boston? Yeah, that's safe. Me, I'd rather grow tropical plants outside in a few years. ;-)
Wondered that too...is
it because people hear the word "nuclear" and visions of mushroom clouds, bombs and obileration come to mind? Instead of educating ourselves on the tremedous benefits of Nuclear energy, we remain an igonorant society fueled by fear of a word. If everyone would take the time to become informed on Nuclear Energy, including the president, it would be the at the top of their priority list. There is no such thing as "clean coal" and I have witnessed first hand the landscape, mountains and environment that has been destroyed digging for coal. Solar still requires batteries for storage and backup as does wind power, and are much more in jeopardy of being destroyed by a natural disaster or attack than an Nuclear facility ever will.
Nuclear cooling Water.
The need for cooling water was the very reason that Dominion built the Lake.
Enviros will destroy this Country and all of the needed Energy generating plants in it.
This is a bad decision for Energy generation.
Wondered about that too
Not many people like to admit that nuclear power is the cleanest practical method of generating energy.
That's true, and I've never quite figured out why. It's like people make up their mind about something with incomplete, out-dated, or non-existent information and then struggle the rest of their lives to support their prejudice.
The Blue Ridge Environmental Defense League
I think the Blue Ridge Environmental Defense League should demonstate their environmental stewardship and pay for construction of whatever fix is needed to keep this plant operating continuously.
This article has nothing to do with "environmentalist"
This story is a great example of how "envirinmental" lawyers make money while common sense is thrown out the window. Lake Anna has the clearest water I have ever seen and the lake is teaming with fish. Not many people like to admit that nuclear power is the cleanest practical method of generating energy. We need more plants just like it! It's sad that most nuclear plants are now 30 years old and should be replaced with new ones. If Obama really wants to create good jobs, instead of giving billions to corporate theives, this is it!
Amazing!
The judge in this case needs to go back to law school and the attorneys for the environmentalists should have their liscenes reviewed - I can't believe they passed the bar. Or someone is on someone else's payroll. This is the most ludicrous judgement I have ever heard. As mentioned before, the lake was built by Dominion for that exact purpose, and the state and environment have benefited from the "cool side" and the park and the money Dominion has put back into the state. Unbelievable!
common sense
The watershed existed before the dam. This is old technology. D.P. would rather spend money defending a lawsuit than upgrading the facility. That's a disservice to the people of the commonwealth.
good luck henry
The only money the environmentalists have is for attorneys. You're right, though, they should purchase the lake for the good of the environment. But wait, then Dominion would have to build another lake for the reactor. Hope they can convince one of these actor types to donate all their wealth to them for this.
Va Power should have stocked
Va Power should have stocked the lake with tropical fish.
Am I understanding this right?
So, they built these lakes specifically to hold water while it's cooling off, and they're getting sued over using the lakes to hold water while it's cooling off?
Do they know obstructionist tactics like this will just mean burning more coal? Isn't that that evil thing that will destroy the planet now?
I'm sorry... Henry!
I'm sorry... Henry!
Who needs electricity anyway?
Well said, Harry.
The folks griping about the cooling pond will be the first to head to government for help when they can't afford to pay their electric bill.
At some point we'll realize more governing isn't necissarily better governemnt, but it sure does cost more.
BTW, for all the "no nuke" folks out there, a coal fired plant requires the same cooling demand per KW-HR of electricity generated.
This is Enviromentalism gone haywire.
Let's see a Utility carves a lake out of land they purchased to cool water used in producing energy. The land is owned by the Utility and so is the lake. The lake is divided into about 1/3 a "hot side" and 2/3 recreational. Over the years the utility works with the state to create a park out of the 2/3 cool side. The 1/3 left is still in use by the utility. Over the years the environmentalists want to control the entire lake which was created by the utility in the first place. This is a great example of why there is no benefit in working with environmentalists at all. Eventually their true colors come out which is to stop all industry. . . . No good deed goes unpunished. Dominion power should have fenced off the entire lake with barbed wire and never allowed any recreational use of the cool side. If the environmentalists want control of the lake they need to purchase it or pay for the cooling replacement. And the customers of Dominion power shouldn't have to pay for the Environmentalists desires. I expect this will be overturned on appeal.