Judge: PSC must review power substation sites
by Andy Phelan
andy@dekalbchamp.com
A Fulton County Superior Court judge ruled Nov. 7 that the Public Service Commission must review where Georgia Power builds electrical substations.
It creates for the first time a place residents can appeal decisions on where the utility company builds its power substations.
The case, brought by resident Jeff Turnage, is related to the Ashford Alliance Community Association’s fight against the utility giant, which is building a substation at the entrance to their neighborhood on a residential lot at Perimeter Summit Parkway and Ashford Dunwoody Road.
Turnage, along with residents Dave Morgan and Mike Stieferman, filed a complaint with the PSC last spring, imploring the agency to undertake responsibility as the only government entity that exercises any authority over utility companies.
The complaint was dismissed after all five members of the PSC declined to take up the issue.
But Judge John J. Goger ordered the PSC in his ruling “to take jurisdiction of this matter,” and thereby regulate their locations.
The decision could have an impact on where dozens of new power substations are located throughout the metro area and state. At least two other metro neighborhoods, Kirkwood and Virginia Highland, are grappling with the construction of substations near their homes.
“We’re pleased the PSC is now required to fulfill its duty to ensure Georgia Power is making substation location decisions based on the needs and interests of the public rather than simply their bottom line,” said Turnage’s attorney Steven J. Rosenwasser of Bondurant, Mixson & Elmore.
“The PSC is finally going to be required to do what it was intended to do.”
PSC Chairman Bobby Baker said he will discuss the matter with the attorney general’s office, who represents the commission, but “as it stands now we’ll do our best to comply with the order.”
Baker, who left open the possibility of an appeal, said the commission has no rules and regulations to make decisions on where substations are located.
“But we’ll do our best,” he said. “We’re starting from ground zero.”
Turnage, who would not comment on the Ashford case specifically, said the ruling is a good first step.
“I’m very pleased,” he said. “It’s the right thing. Now residents and homeowners have a certain avenue of review for site selection.”
The land in question, zoned residential by the county, has been cleared and construction has begun on the four-acre site off Ashford-Dunwoody Road. It’s less than 300 yards from Montgomery Elementary School and is at the highest point in the Nancy Creek watershed.
“This fight is for everyone else,” said Morgan, who began the fight against Georgia Power in 2005. “This is so the rest of us will have a place to turn.”
Georgia Power spokesman John Sell said, “We’re interested to see what the next steps are in this case. Whether there is an appeal or whether the PSC creates a process to review where substations are built.”
Russell D. Willard, communications director for the attorney general, said they have received the judge’s order.
“We’re in the process of reviewing the order with our client, the PSC,” said Willard, who indicated an appeal would likely go straight to the state Supreme Court. “We’re discussing the ruling and its implications with the PSC.”
Lisa Desdunes, who lives on Dunwoody Lane across the street from where the substation is being built, calls the budding electrical station a “monstrosity.”
“They’ve removed a ton of trees, put up this huge reinforced concrete wall and excavated the hill,” said Desdunes, a real estate consultant
“This used to be a walking neighborhood, but now it’s a ghost town,” she said. “It was nice once, but now it’s just a street of renters or vacant homes. And I can’t believe they decided to build it so close to an elementary school.”
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