NUCLEAR POWER: No More Reactors at North Anna

The recent ruling of the Circuit Court of the City of Richmond was short and to the point: "Virginia law requires regulation of Dominion's thermal pollution discharge because the exception for waste treatment simply doesn't apply here." With this ruling, a decades-old viola tion of the law was ended. The impact of the decision could benefit the many thousands of people who use Lake Anna annually.

Dominion's permit violated the law. In 2007 the Virginia Water Control Board approved a permit for Dominion Virginia Power to discharge hot water from its North Anna nuclear power plant into Lake Anna. The permit was illegal for several reasons.

First, under the U.S. Clean Water Act, Virginia must protect water quality of the lake, but the state failed to limit hot water discharges flowing from the North Anna nuclear reactors directly into Lake Anna.

Second, heat is a pollutant and the maximum water temperature in cooling lakes is set by federal law: 89.6 degrees Fahrenheit. Lakeside residents report that water temperatures reach dangerous levels in the summer, as high as 104 degrees. The Blue Ridge Environmental Defense League and others have documented the serious harm to Lake Anna caused by excessive heat levels.

Third, the state water board applied the wrong law and analysis in concluding that part of Lake Anna was entitled to an exemption for waste treatment facilities. Dominion can no longer rely upon this error to exceed water quality standards at Lake Anna.

Finally, the state water board violated federal law when it applied a less protective Virginia law. The granting of federal authority to any state to enforce the Clean Water Act and issue permits comes with a floor below which no state may go. Virginia's environmental agencies are no exception.

Dominion has tried to argue that since it built the dam years ago, it should be able to do whatever it wants with the "hot side" of the lake. But it does not matter who created the lake. Lake Anna is public "waters of the United States" and is governed by the Clean Water Act.

It does not matter that the permit has been granted many times before. Committing an error more than once does not justify the original error. What matters is that Virginia is bound to enforce water quality standards. These standards include the limitation of heat pollution to all of Lake Anna.

So, what next? Once the court enters an order, Dominion's permit will be set aside and the Virginia State Water Control Board will have to evaluate the adverse impacts of hot water discharges to Lake Anna from two nuclear reactors. The board will have to bring the permit into compliance with the law. Meanwhile, the plant will continue to operate, producing electric power. Plant workers will continue to draw paychecks. Dominion will continue to pay taxes to Louisa County. The people living on Lake Anna will continue about their business.

What will not happen? Dominion will not put a fence around the lake. Such a move would be impractical, counterproductive, and would not address the problem of hot water in the lake. Dominion can continue to monitor lake conditions and maintain lake water levels. Nothing in the court's decision prohibits the company from acting in a responsible manner, working for the common good, and doing the right thing.

Indeed, if Dominion were to do something rash, that would be purely Dominion's decision. It would not result from the court's ruling. Dominion can and should continue both to operate its facility and to comply with the law. There should be no disruption of residents' and visitors' ability to enjoy all of Lake Anna.

Dominion's proposal to add a third nuclear reactor to the North Anna plant is not directly affected by the court's decision; it was not part of the lawsuit.

However, one question is inescapable: If two reactors on Lake Anna strain its ability to provide enough cooling water, what would a third reactor do? In response to water quality problems, Dominion has already trimmed its proposal by eliminating its plans for a fourth unit. This decision was smart, practical, and necessary. If Dominion cannot operate two nuclear reactors within federal requirements, a third is out of the question.

Armed with the Richmond Circuit Court's decision, Virginia's Department of Environmental Quality and the State Water Control Board now have the opportunity to improve conditions at Lake Anna.

Dominion Virginia Power may appeal this decision, but the Blue Ridge Environmental Defense League plans to continue its campaign to end Virginia's breach of the law, to protect public health, and to improve environmental quality.

Louis Zeller is science director of the Blue Ridge Environmental Defense League. Contact him at or (336) 982-2691.