Case tests county powers to block high-voltage lines
By
Posted 5:46PM on Tuesday, September 17, 2002
ATLANTA - The Georgia Supreme Court heard arguments Tuesday in a case testing whether local governments can block the construction of high-voltage, overhead power lines on public safety grounds, as Rabun County is attempting to do. Similar efforts are underway in Cobb and Gwinnett Counties. <br>
<br>
A ruling won't come for months, but in questioning the attorneys during oral arguments several judges questioned whether local governments have the power to impose moratoriums on power line construction. <br>
<br>
The issue was raised when Rabun County adopted an ordinance two years ago which attempted to halt for three years the construction or installation of new transmission lines carrying more than 35 kilovolts. <br>
<br>
The ordinance was challenged by Georgia Transmission Corporation, the power transmission arm of 39 electric membership corporations in Georgia, which planned to build a 115 kilovolt transmission corridor through Rabun County for Habersham Electric Membership Corporation. <br>
<br>
A trial judge ruled for the transmission corporation, holding that the ordinance illegally interfered with condemnation powers granted the utility under state law. <br>
<br>
Chief Justice Norman Fletcher was among those questioning the county's authority to impose a moratorium.