FERC upheld an earlier ruling that Old Dominion Electric Cooperative (ODEC) and North Carolina Electric Membership Corporation (NCEMC) shouldn’t have to help pay for $173.4 million in undergrounding for three projects in Virginia that Dominion Resources’ Virginia Electric and Power Co. included in its 2010 Annual Transmission Revenue Requirement.

Incremental ATRR costs are borne by all wholesale transmission users of the grid. ODEC and NCEMC argued in their original complaint that it was not just and reasonable for wholesale transmission customers outside Virginia to bear the cost of undergrounding when it is done for aesthetic concerns and has no impact on reliability.

The three projects were: a 230 kV line to the new Hamilton Substation in Northern Virginia, with two miles of undergrounding ($32.9 million); the DuPont Fabros project, a 0.71 mile double-circuit 230 kV underground transmission line and substation in Loudon County ($9.8 million); and the Garrisonville project, a five-mile, double-circuit 230 kV transmission line in Stafford County, Va. ($131 million).

ODEC and NCEMC said that the projects’ costs were either recoverable from Virginia ratepayers, or hadn’t been proven to be necessary for system reliability, and therefore should not have been included in Dominion’s ATRR.

ODEC serves more than 550,000 customers in Virginia, Maryland and Delaware. NCEMC serves 950,000 households and businesses in North Carolina.

“We find that wholesale transmission customers outside of the Commonwealth of Virginia should not be responsible for costs that are a direct result of legislation and VSCC pilot projects intended to benefit citizens of the Commonwealth of Virginia,” the commission wrote in an order last week (EL10-49).

The commission said a trial would be set to determine the amount of refunds due to ODEC and NCEMC, but it urged the parties to seek a settlement.