(CN) – A Virginia electric company does not have to use only Virginia coal in order to justify its new $1.62 billion coal plant and rate increase, the Virginia Supreme Court ruled.
Appalachian Voices and three other groups objected to the State Corporation Commission’s approval of Virginia Electric & Power’s Co.’s new coal plant.
The commission ruled that the plant did not violate the Commerce Clause of the U.S. Constitution by failing to require the exclusive use of Virginia coal.
The state Supreme Court upheld the decision.
“The statute in question does not require – and the commission did not order – that any amount of Virginia coal be used in the proposed coal-fired plant,” Justice Lemons wrote.