stop the power lines !

April 21, 2009

nyri even more dead

Filed under: use search words — magcut @ 2:58 pm

In this entry

pride and prejudice and zombies1. For those who need zombies in order to stay interested in life, learn how to obtain a literary classic with zombie mayhem added.

2. get updated on the FERC’s  antics as it continues to seek the power to overturn state permit rejections (despite Appelate court rulings).

3. read the NYPSC’s stake-through-the-heart final answer to NYRI’s transmission application

FIRST:

Troy Bystrum of CARI writes:

The U.S. Court of Appeals for the Fourth Circuit yesterday (April 20th) denied FERC’s motion for rehearing en banc in the FERC licensing litigation.

The Court previously rejected FERC’s broad interpretation of transmission line licensing authority.  The Court held FERC has no authority where a state denies a transmission line application within one year of its filing.  FERC had asked the Court of Appeals to rehear the case.

FERC’s only option now is a petition for writ of certiorari for review of the decision by the Supreme Court of the United States. FERC has 90 days from yesterday’s denial to petition the Supreme Court for review.  FERC could move to stay the mandate of the Court of Appeals pending preparation of a petition to the Supreme Court.

Review by the Supreme Court is discretionary and the Court actually hears relatively few cases for which a petition is filed.

 

SECOND:


 Public Service Commission
            Garry A. Brown, Chairman
 
 Three Empire State Plaza, Albany, NY  12223
 Further Details: James Denn (518) 474-7080
 http://www.dps.state.ny.us 
FOR RELEASE: IMMEDIATELY
                       09033/06-T-0650                         

COMMISSION OFFICIALLY DISMISSES NYRI

­ New Application Must Be Filed if Company Wants to Pursue Project ­
Albany, NY­04/21/09­The New York State Public Service Commission (Commission) today officially dismissed the application of the New York Regional Interconnect, Inc. (NYRI) to build a 190-mile transmission line from upstate to downstate New York, and furthermore stated that a new application must be filed if NYRI seeks to pursue its project.

“I would like to thank all of the many parties that participated in this intensive siting process,” said Commission Chairman Garry Brown. “The active parties and the general public supplied invaluable information in this proceeding. The detail that went into the record was greatly facilitated by the public statement hearings that were held.”

More than 2,000 people attended the 13 public hearings, and more than 300 public statements were made. In addition, more than 2,600 letters and e-mails from the public were received.

On April 3, 2009, counsel for NYRI announced that its investors had decided the financial risks of cost recovery were too great as a result of a Federal Regulatory Commission denial of rehearing with respect to the Congestion Analysis and Resource Integration Study process of the New York Independent System Operator (NYISO).  As a result, the investors were withdrawing their Article VII application.  On April 8, 2009, NYRI submitted a letter confirming it had withdrawn its Article VII application.

On April 13, 2009, responses to NYRI’s announcement and letters were filed by the NYISO; Communities Against Regional Interconnect; the New York State Department of Transportation; the New York State Department of Public Service Staff; the New York State Department of Environmental Conservation; the New York State Department of Agriculture and Markets; Central Hudson Gas & Electric Corporation; the New York Power Authority; and the New York Attorney General’s Office.

Based on review and consideration of the arguments, the Commission has decided to treat the company’s on-the-record statement and subsequent letters as a request to withdraw its application; granted that request with prejudice; and authorized the Secretary of the Commission to issue a letter dismissing the application and requiring that any attempt by NYRI to pursue its project be done through the filing of a new application.

Dismissal of the application with prejudice and requiring a new application for any future pursuit of the project makes the various requests for a decision on the merits and resolution of various evidentiary requests irrelevant.

        The Commission’s decision today, when issued, may be obtained from the Commission’s www.dps.state.ny.us   Web site by accessing the Commission’s File Room section of the homepage and referencing Case 06-T-0650. Many libraries offer free Internet access. Commission orders may also be obtained from the Commission’s Files Office, 14th floor, Three Empire State Plaza, Albany, NY 12223 (518-474-2500).

LAST:

For those who will miss living in a zombie-infested transmission corridor, a writer named Seth Grahame-Smith has expanded Jane Austin’s Pride and Prejudice to include the undead. The updated classic is called:

Pride and Prejudice and Zombies: The Classic Regency Romance - Now with Ultraviolent Zombie Mayhem!

 

April 8, 2009

the living dead live no more

click to download NYRI’s farewell note to the NYPSC, or read it below. Following animation by shapeshifter, courtesy aniboom.com

COUCH WHITE , counselors and attorneys at law
Couch White, LLP
540 Broadway
P.O. Box 22222
Albany, New York 12201-2222
(518) 426-4600
Leonard H. Singer, Partner

VIA HAND DELIVERY & E-MAIL
Hon. Jeffrey Stockholm
Hon. Michelle Phillips
New York State Public Service Commission
Empire State Plaza
Agency Building Three – 18th Floor
Albany, New York 12207

Re: Case No.: 06-T-0650 - Application of New York Regional Interconnect Inc. for
a Certificate of Environmental Compatibility and Public Need Pursuant to
Article VII for a High Voltage Direct Current Electric Transmission Line
Running Between National Grid’s Edic Substation in the Town of Marcy, and
Central Hudson Gas & Electric’s Rock Tavern Substation Located in the Town
of New Windsor

Dear Judge Stockholm and Judge Phillips:

New York Regional Interconnect Inc. (“NYRI”) understands that some parties may be
confused by NYRI’s April 6, 2009 letter in this case. NYRI’s April 6 letter was not intended
to state anything different than what was stated during the April 3 hearing. However, to theextent further clarification is needed, NYRI confirms that it has withdrawn its application fora Certificate of Environmental Compatibility and Public Need pursuant to Article VII of the Public Service Law in Case No. 06-T-0650.

Please call me if you have any questions.

Very truly yours,
COUCH WHITE, LLP
Leonard H. Singer
LHS/dp
cc: Hon. Jaclyn Brilling (via Hand Delivery and email)

Active Parties List in Case 06-T-0650 (via email List Server & Litigation Service list)

Watch more cool animation and creative cartoons at aniBoom

April 5, 2009

WE WIN

Filed under: use search words — KSoze @ 5:04 pm

Let the glorious news be spread: Wicked old NYRI at last is dead.

Thanks to everyone who made this amazing victory possible. The odds were stacked against us from the start, but we persevered and prevailed. Yes, all of those letters and phone calls and faxes and emails and meetings paid off.

Our elected officials at every level of government will take credit for this victory, and we will gladly give them their due for their support. But it was the political pressure of organized citizens who pushed them into action and who kept them at it. The CARI legal team was a huge asset in this fight, but they would not exist if it weren’t for the funding that was pushed for by all of us. We, the people, won this fight, against enormous odds.

In the end, as they withdrew their application, NYRI showed their true colors, making clear what we have known all along. NYRI was never interested in helping NY solve its energy problems; NYRI was only interested in making easy money. And when it became clear that the money wasn’t going to be that easy, they folded.

Once they realized that they might not be guaranteed a giant rate of return, and that they would not be granted a guaranteed right to bilk NY ratepayers for their profits, they withdrew. They were never the private entrepreneurs they pretended to be, they thought they had the system rigged in their favor.

There is still work to be done to protect us from the next NYRI who wants to threaten our communities. As the nation develops a new energy model and a “smart grid”, we need to promote the wisdom that local generation of electricity is both smarter and more secure than shipping power hundreds or thousands of miles across new power lines. And the use of eminent domain by private, for-profit companies is still a threat that looms over us.

Hopefully, the network of organized citizens that has developed during this fight will remain vigilant, on guard for the next threat, but today is a day to celebrate this amazing victory.

On Monday NYRI will submit its formal withdrawal in writing to the PSC. In one weeks time the PSC will close the case on NYRI. Although NYRI has risen from the dead many times before, I think that this time we will hear the coroner proclaim:

NYRI is not merely dead; it’s really, most sincerely dead.

February 23, 2009

update on the undead NYRI power line

Filed under: use search words — magcut @ 12:50 am


There’s a lot of significant news. I’ll try to upload a few supplementary PDFs this week to document these notes:

 

1.    CARI (Communities Against Regional Interconnection) proposed two alternate routes to the NY PSC (Public Service Commission)– one underground along Marcy South and the other along the thruway. GOOD NEWS: NY PSC accepted CARI’s proposal to consider Marcy South as an alternative route, but NOT SO GOOD NEWS: rejected the thruway proposal as being a completely different project and not a true alternate. 

 

2.    NYRI threatened to withdraw its bid to build a transmission line if the FERC doesn’t do its bidding on re-imbursement and financing. GOOD NEWS: Anti-power line activists interpret this to mean that NYRI’s feet are feeling the chill. BAD NEWS: If the feds really want this line, they may not want to call NYRI’s bluff.

 

 

3.    (An aside) CARI issues a clarification about its alternate proposals: It continues to oppose the NYRI power line in any form, but legally must present alternatives to keep FERC (Federal Energy Regulatory Commission) off the PSC’s back.

 

4.    GREAT NEWS – END OF THE ZOMBIE CLAUSE: The Fourth Circuit Appellate court rules that FERC lacks authority to over-rule a state’s outright rejection of a power line proposal, unless that rejection is capricious or de facto (i.e. the state approves a power line but imposes impossible conditions upon it.) This is very good news for us, for state’s rights advocates and for the NYPSC, which hates the idea of the feds over-ruling it. People: This means that if we can kill this power line on the state level, it will STAY DEAD!

 

 

5.    POSSIBLY GOOD NEWS: The fourth circuit appellate court also insisted that the FERC was obliged to consult with the Council on Environmental Quality CEQ when making rules. The CEQ is newly headed by Nancy Sutley (Google her) an Obama appointee who went to Cornell, lived in NY State and worked in Los Angeles on trying to make its water system both sustainable and able to grow. She sounds like a potential ally, although Obama himself is nutsy-crazy about big, federal, Soviet-scale infrastructural projects like “transmission superhighways.” Those who write to him frequently via change.org should be lobbying him to prioritize DISTRIBUTED GENERATION and ENERGY EFFICIENCY – esp. in the densely populated Northeast.

 

6.    BAD BUT FUNNY NEWS: NYRI now claims that the one-year deadline for the PSC decision is up. Ha ha. How they make us chuckle! No way do the regs allow them to start the clock on PSC decision-making from the date a proposal is submitted, rather than the date it is deemed complete by the state decision-maker (the NY PSC didn’t accept NYRI’s proposal as complete until last August). If that was the case, I could submit a transmission line proposal with no documentation other than my shopping list, and the clock would start.  But now that the clock is ticking, it’s more in NYRI’s interest than ours to waste time and our money.  GOOD NEWS: This effort on NYRI’s part is almost certain to fail.

 

http://elibrary.ferc.gov/idmws/nvcommon/NVViewer.asp?Doc=11920915:0

 

FYI – From the 2/4/2009 Radio Free Hamilton.

Dave

 

New!
Opponents Say NYRI Investors May be Getting Nervous About Going Ahead
Investors behind the controversial New York Regional Interconnect power line project say that unless
the federal government rules on its request to recover the cost of the $2.6 billion project from rate
payers, they may change their mind and not build it. Opponents to the project suggest the Canadian
backers of NYRI are having second thoughts. More
___

NYRI Investors
Pressuring FERC
For Ruling on
Cost Recovery

Are the money men and women bankrolling the New York Regional Interconnect (NYRI) getting cold feet, and not just because of record cold temperatures?

Opponents of the proposed 190-mile-long, 400,000-volt electric transmission line say yes. They cite as evidence a letter from NYRI investors to the Federal Energy Regulatory Commission (FERC) that
says, in part:
“NYRI respectfully requests that the Commission issue a decision by March 2009 so that NYRI’s investors can decide whether to continue investing in this Project.”

The ruling they seek is one that would allow the company recover the entire $2.6 billion cost of the project from ratepayers in New York state.

Eve Ann Shwartz, co-leader of the local opposition group STOP NYRI and spokesperson for Communities Against Regional Interconnect (CARI) said “NYRI’s latest threat to withdraw this project indicates that NYRI investors and backers see the handwriting on the wall. Recent testimony before the New York Public Service Commission (PSC)  from state agencies and other parties provided a compelling and solid case against NYRI. That testimony, coupled with a recent  FERC ruling that upholds the supermajority voting provision of
NYISO, poses a major hurdle for NYRI.”

Troy Bystrom, who works for CARI said, “NYRI is looking for a guaranteed federal ‘bailout plan’ to build this unneeded project in New York state. They are seeking to make a profit at the expense of atepayers for a greenwashed  project using 20-year-old technology.  Instead, New York should be looking  at distributed alternative energy solutions and micro grid systems to increase security and eliminate the need for inefficient long distance transmission projects.”

NYRI’s request comes as the Obama administration installs an interim chairman of FERC, and an influential congressman says the proposed project is less likely to be built because of the change in power.

Rep. Maurcie Hinchey, a Democrat from Kingston said the approval of NYRI is less likely under an Obama administration. This pleased other local opponents.


“We have high hopes that what Congressman Hinchey says is true,” said Chris Rossi, co-leader of STOP NYRI. “We also  encourage the Obama administration  to amend those parts of the 2005 energy act
that would enable a company like NYRI to run roughshod over the citizens of New York State and the rulings of our Public Service Commission. We will be in touch with the President’s office to work towards that change.”

Bystrom agreed: “CARI is optimistic that the Obama Administration will work toward finding real and lasting energy solutions taking into account all of the externalized costs placed on taxpayers and evaluating the ‘true
cost’ of an energy policy or project.  CARI hopes the Obama Administration will promote distributed power solutions, demand side management, conservation and micro grids instead of inefficient long distance transmission solutions.”

Posted 2009.2.4

——

Letter to the Editor from the 2/5/2009 issue of The River Reporter.

CARI clarifies

To the editor:

Communities Against Regional Interconnect (CARI), a coalition of seven counties and five citizens’ groups formed to oppose the environmental and economic degradation caused by the proposed New York Regional Interconnect (NYRI) transmission line, is completely opposed to the NYRI project in any form.

In November 2008, CARI was required to present NYRI route alternatives before the Public Service Commission. This aspect of the Article VII process is designed to allow stakeholders that could be affected by an alternative route enough time to become an active party and participate in public statement hearings. CARI proposed two buried underground route alternatives, one to be placed along the centerline of the existing Marcy South Line and the second alternative to run along the side of the New York State Thruway.

Physical route alternatives are not the only alternatives that CARI proposed. Demand-side management options such as increasing energy efficiency standards and weatherization programs can eliminate the need for NYRI and cost 50 percent less than building and maintaining a project like NYRI.

CARI felt it was important to offer route and non-route alternatives for the purpose of evaluating any reasonable alternative and including it in the Public Service Commission record, to best protect our communities in the likely event of intervention by the Federal Energy Regulatory Commission (FERC). If every possible alternative is part of the record, FERC will have less justification to overrule the state’s decision in the case. CARI’s goal is to defeat NYRI, not push the NYRI project on to neighboring communities.

 

In summary, CARI believes the application should be denied at both the state and federal level. We welcome the citizens and leaders of any county affected by the NYRI project to join CARI and help protect the land and communities we all value so dearly. Please visit www.caricoalition.org for more information.

Steve DiMeo, chairperson

 

 

November 2, 2008

Important Meeting Hancock Nov. 5th

Filed under: use search words — magcut @ 4:41 pm


URGENT

STOPTHEPOWERLINES.COM

UPDATE oct .25 2008:

 

Contents:

1. IMPORTANT MEETING IN HANCOCK Nov 5th!

2. Steve Dungan’s invite to same.

3. View Previous Citizens’ Hearings Videos

4. Other Hearings Locations

5. A Few Key Issues for Hancock to Raise at Hearing

6. Article Describing Downstate Development Slowdown

7. Chris Rossi of www.stopnyri.info warns of NYRI’s fake opinion poll

8. Federal Government now trying to use taxpayer funds to guarantee NYRI profits in excess of previous 13.5%

9.  A Couple of Other Items for Your Area-Defense Radar

 

 

 

1. IMPORTANT MEETING IN HANCOCK:

Hancock, Wednesday, Nov. 5, 2008,

Hancock Central School, 67 Education Lane.

Information forum: 6 p.m.

Public-statement hearing: 7 p.m.

 

2. Steve Dungan’s invite to same

“Dear friends,

My apologies on the mass em on this.

I hope that you can attend this as well as get everyone you know to do the same.  If, like me, you don’t want this monstrosity ruining our beautiful area and bring us higher electricity costs in the name of profits for some foreign owned firm and their unnamed investors, then be there and make your voice head loud and clear.

Anything less than a packed house will tell the PSC that we don’t care.  Please pass this on to all who care and might attend.

Thanks

s  Steve Dungan [sdungan@hughes.net]”

 

3. View Previous Citizens’ Hearings

 

The link below will take you to the video Webcasts of all of the NYS Public Statement Hearings that have been held to date regarding the nyri transmission application proceedings.

It’s really quite interesting to watch the citizens speaking out on this topic.


http://tinyurl.com/5ag4qg

 

 

4. Other Hearings Locations

Many residents, politicians and advocacy groups along the proposed path say that NYRI’s power line will hurt their communities.

The Public Service Comision (NYPSC) judges ruled that a hearing be set in or adjacent to every county, as practicable, and to choose locations no farther than 15 or 20 miles from the proposed routes.

Public information forums and public statement hearings will be held as follows:

Hancock, Nov. 5, Hancock Central School, 67 Education Lane. Information forum: 6 p.m. Public-statement hearing: 7 p.m.

Norwich, Nov. 6, Chenango County Council for the Arts, 27 W. Main St. Information forums: 1 and 6 p.m. Public-statement hearings: 2 and 7 p.m.

Hamilton, Oct. 20, Colgate University, 13 Oak Drive, J. C. Colgate Hall of Presidents. Information forums: 1 and 6 p.m. Public-statement hearings: 2 and 7 p.m.

Utica, Oct. 22, Mohawk Valley Community College, 1101 Sherman Drive, MVCC Theater. Information forums: 1 and 6 p.m. Public-statement hearings: 2 and 7 p.m.

Middletown, Oct. 28, Kuhl’s Highland House, 512 Highland Ave. Ext. Information forum: 1 p.m. Public-statement hearing: 2 p.m.

Montgomery, Valley Central School, 1175 State Route 17K. Information forum: 6 p.m. Public-statement hearing: 7 p.m.

Callicoon, Oct. 29, Delaware Community Center, aka Callicoon Youth Center, 8 Creamery Road. Information forum: 1 p.m. Public-statement hearing: 2 p.m.

Lake Huntington, Sullivan West High School, 6604 State Route 52. Information forum: 6 p.m. Public-statement hearing: 7 p.m.

The information forums will be presented by Department of Public Service staff and will address the details of the administration of the proceeding under DPS rules and modes of operation.

After the information forums, people will be able to present their comments at the hearing before administrative law judges assigned by the PSC to the case.
  

 

5.  Key Issues for Hancock

a.  Our local economy, still recovering from floods and job loss, is already fragile. We can’t afford any further hits, and NYRI is one. We are still dependent on retirement real estate and tourism. NYRI will industrialize the entire area’s viewscape. With purses tightening, we can’t afford to lose business to areas that look more serene and “Natural.” 

 

b.  NYRI promises that eventually its power line will reduce rates state-wide, even here. But on the brink of a major recession, “eventually” is too long for us to wait for better electric rates. Even a few years of raised rates could permanently cripple the area.

 

c. NYRI’s argument that its line is “needed” is based on outdated financial information.  The projected Downstate growth rates the company uses in its market projections are products of a bygone era of rapid growth and deep pockets… (see appended article.) The demand for NYRI’s power is likely to lag for several years, and since it is to be subsidized by the FERC, this will most likely make the project a burden on the already-strained public purse.

 

d. By the time the era of expanded energy demand that NYRI hopes to serve has arrived, new technologies and practices will handle generation and transmission in better ways.

 

f. If NYRI’s line must be built, it should not run though our states historical towns up North or be visible from all the river towns along the Delaware; it should not loom over our elementary and high schools or frame the visitor’s first glimpse of our Village.

 

g. The Family School, currently the largest employer in Hancock, depends on being able to offer its clients a natural, unspoiled setting.  NYRI’s line, planned to run straight across their viewlines, could drive them under, pushing us all further towards the brink.

 

h.  The future of natural gas drilling in our area is currently uncertain. We can’t count on the state agreeing to allow drilling in the city’s watershed and we can’t count on the gas companies to develop this area during a downturn. We have to assume that NYRI can be the straw that will break our back.

 

6. One Article Describing Downstate Development Slowdown

 

http://www.nytimes.com/2008/10/15/nyregion/15build.html?_r=1&ref=nyregion&pagewanted=print&oref=slogin

 

NY Times October 15, 2008

End Seen to New York Building Boom

By CHARLES V. BAGLI

New York City’s long-running building boom will peak this year, before new office and residential projects peter out in the coming years and the number of construction jobs falls by almost 30,000 by 2010, according to a report released on Tuesday by the New York Building Congress.

The building congress, a trade group for construction and real estate companies, estimates that construction spending on new housing, office towers, stadiums, subway tunnels and schools will decline slightly in 2009 before falling to $26.2 billion in 2010, from $33.8 billion this year. But even that forecast may be a bit optimistic.

The report noted that construction had already begun on “the majority of the 15 office towers factored into the 2009 and 2010 estimates.” But at least one-third of those projects are already in doubt, given the flagging economy, turmoil on Wall Street and the virtual disappearance of construction financing for new projects.

Few if any real estate and construction executives believe that JPMorgan Chase will build a new tower downtown, at Greenwich and Cedar Streets, as it announced last year that it would, now that it has bought Bear Stearns and Bear’s Midtown headquarters.

Vornado Realty Trust, one of the city’s biggest commercial landlords, suspended its plan to build a 23-story, $435 million headquarters for Major League Baseball’s cable network, after it failed to secure additional tenants and financing. Vornado’s effort to build a 1.3 million-square-foot office tower over the Port Authority Bus Terminal on 42nd Street is also “dormant,” a company executive conceded.

Stephen Sigmund, a spokesman for the Port Authority of New York and New Jersey, disputed the notion that Vornado’s tower over the bus terminal was stalled, saying that planning continues apace with the developer, who is required to meet very specific goals and timetables for the project.

“This is such an uncertain situation that it is almost impossible to say with confidence what the forecast for the construction market will be over the next several years,” said Richard T. Anderson, the building congress’s president. “That’s why we posed two scenarios.”

In the first instance, said Mr. Anderson, who delivered the report to a somber crowd of construction and real estate executives at the Hilton New York, the downturn is short-lived as the federal government steps in to ease the credit crunch, preserving thousands of jobs and projects.

But a more gloomy situation, he said, involves a prolonged downturn, with private projects coming to a standstill while government slashes funding for mass transit projects, new schools and infrastructure. Currently, capital spending by city, state and federal governments accounts for about half of all construction activity in the city.

“You’ve just got to be optimistic,” Kenneth J. Knuckles, chief executive of the Upper Manhattan Empowerment Zone Development Corporation, whispered to the executive next to him during the presentation.

The warning signs, however, are everywhere. Unemployment is inching upward, and commercial landlords are nervously gauging the impact of the continuing consolidation of the city’s all-important financial industry.

Vacant space in the city’s office towers is no longer hard to find. In Midtown alone, more than 20.9 million square feet of space is available, according to the latest report by Newmark Knight Frank, a real estate broker. The availability rate — the amount of space vacant or available — rose to 10.2 percent in September, up from 8.2 percent a year ago.

Housing construction is also expected to slow drastically, after a spectacular four years in which new apartments, mostly condominiums, were built in virtually every neighborhood in the city. The boom was fueled by a growing demand for housing and the Bloomberg administration’s efforts to rezone areas like Williamsburg and the Far West Side of Manhattan for high-rise construction.

The report estimated that 35,700 housing units would be built this year, up from 31,900 last year. But by 2010, that number is expected to drop to 18,500. At the same time, the number of construction jobs would fall 23 percent — to 100,250 from a record 130,100 this year.

The report confirms that construction and real estate activity tends to be a lagging indicator of economic health. Projects that got under way in the last two years are going forward despite a flagging economy. But experts say that new projects are being delayed.

“The thing that’s reassuring is how much work is under way,” Mr. Anderson said. “This is a very large construction market.”

Even if construction spending falls to $26.2 billion in 2010, from an estimated $33.8 billion this year, that is still a considerable sum, he said.

The Goldman Sachs headquarters near ground zero is nearing completion, as is a tower at 42nd Street and Eighth Avenue and a smaller tower at 510 Madison Avenue in Midtown. The steel for the Freedom Tower at ground zero is rising above street level, and uptown, Boston Properties says it will move forward with its proposed office tower at 55th Street and Eighth Avenue.

The big question, Mr. Anderson said, is whether the city and state will continue their commitment to capital spending on subway expansions, schools and other projects, or be forced to slash their budgets as tax revenues from Wall Street and real estate fall sharply.

The Bloomberg administration has already stretched out its four-year capital budget to five years. But Seth W. Pinsky, president of the city’s Economic Development Corporation, told construction executives on Tuesday that the Bloomberg administration would continue to maintain important city services and build for the future, with the redevelopment of Willets Point in Queens and the development of a large-scale affordable housing project at Hunters Point South, on the East River waterfront.

==============

 

6.  Federal Government now  trying to use taxpayer funds to guarantee NYRI profits in excess of previous 13.5%

 

Officials: Incentives for NYRI ‘outrageous’
Federal commission boosts investors’ rate of return
advertisement
By ELIZABETH COOPER
Observer-Dispatch
Posted Sep 18, 2008 @ 10:28 PM

The Federal Energy Regulatory Commission has given New York Regional Interconnect a boost for its rate of return for investors.

The commission has granted additional incentives, so now NYRI investors — under certain circumstances — could make even more than the 13.5 percent rate of return the company had hoped for, experts said.

“For a long-term investor, this is an attractive investment,” said Jamie Van Nostrand, executive director of the Pace Energy and Climate Center.

The actual rate of return only would be decided if the power line is approved, either by the state Public Service Commission or the Federal Energy Regulatory Commission. NYRI wants to run a power line from Marcy to Orange County downstate.

Nonetheless, the commission’s order drew ire from some of the area’s federal officials, who called the move “outrageous” and “unwarranted.”

In the order issued Thursday, the commission said the power line company could add 2.75 percentage points to whatever baseline rate of return it is given, if the project is approved.
Base line rates usually range from 10 percent to 11 percent, Van Nostrand said. It’s impossible to say now what NYRI’s baseline rate would be, experts said.

NYRI general counsel Len Singer called the additional 2.75 percentage point advantage “a significant benefit” for attracting investors.

But power line opponents said the decision wasn’t important in the grand scheme.

“What’s happened is NYRI is a barking dog of a project and FERC threw the dog a bone,” said John Klucsik, an attorney representing the NYRI opposition group Counties Against Regional Interconnect. “And it’s a very small bone.”

In its order, the commission said it has the power to grant rates of return up front, “but we decline to do so here.”

The report said there still was too much uncertainty about the company’s application. NYRI had failed to get property rights for the route, had not yet received site approval from the state, and the company did not yet have customers, among other things, the report stated.

Federal officials were adamant in their opposition to the commission’s decision.

“Not only does FERC’s outrageous decision completely ignore the concerns and wishes of many New Yorkers, it actually forces them to pay for a project they don’t want,” U.S. Sen. Hillary Clinton, D-N.Y., said in an e-mailed statement.

U.S. Sen. Charles Schumer, D-N.Y., had a similar view.

“Ratepayer subsidies to NYRI are unwarranted and outrageous and further proof that FERC is too close the industry,” Schumer said in an e-mailed statement. “Now it is vital for the New York Public Service Commission to scour NYRI’s application with a fine-tooth comb, and we hope that will lead them to reject it as too intrusive and unnecessary.”

U.S. Rep. Michael Arcuri, D-Utica, said he would continue to fight the power line.

“I find this decision by FERC — and this administration that supports it — to be an unconscionable and indefensible burden on taxpayers,” he said in an e-mailed statement. “We all know the NYRI project will raise electric rates for consumers in Upstate New York, and to force local citizens to guarantee profits for NYRI’s secret shareholders is equally unacceptable. I will continue to fight the NYRI proposal every step of the way.”

Arcuri’s Republican opponent for the 24th Congressional District in November’s election — Richard Hanna of Cooperstown — however, said Arcuri was not the best one for the fight.

“This ruling by FERC is outrageous. It is an attempt to incentivize investors to participate in the power line project, and this is another indication of the failure of Mike Arcuri to stop this blight on not only property holders but the over all quality of life in Central New York,” Hanna said in an e-mailed statement.

========

 

7.  Chris Rossi of www.stopnyri.info warns of NYRI’s fake opinion poll

 

Friends,

A heads-up - one of our STOP NYRI folks had a call tonight from Opinion Dynamic. They are a polling company that was asking many energy related questions which became more and more power line centered. When asked the pollster revealed that a power line company was sponsoring the poll. Hmmm, who could that be?!

 

We believe this is NYRI’s attempt to craft a new PR campaign. Or, to obtain positive poll results and publish them claiming that opposition to the project is being fueled by negative associations with the NYRI name spawned by citizen’s group PR.

 

Whatever the case, please let other know that they shouldn’t answer the questions at all. Instead, tell the pollster that you oppose the NYRI project on any terms.

 

Thanks,

chris rossi

=======================

 

8. Federal Government now trying to use taxpayer funds to guarantee NYRI profits in excess of previous 13.5%

 

 

Officials: Incentives for NYRI ‘outrageous’
Federal commission boosts investors’ rate of return
advertisement
By ELIZABETH COOPER
Observer-Dispatch
Posted Sep 18, 2008 @ 10:28 PM

The Federal Energy Regulatory Commission has given New York Regional Interconnect a boost for its rate of return for investors.

The commission has granted additional incentives, so now NYRI investors — under certain circumstances — could make even more than the 13.5 percent rate of return the company had hoped for, experts said.

“For a long-term investor, this is an attractive investment,” said Jamie Van Nostrand, executive director of the Pace Energy and Climate Center.

The actual rate of return only would be decided if the power line is approved, either by the state Public Service Commission or the Federal Energy Regulatory Commission. NYRI wants to run a power line from Marcy to Orange County downstate.

Nonetheless, the commission’s order drew ire from some of the area’s federal officials, who called the move “outrageous” and “unwarranted.”

In the order issued Thursday, the commission said the power line company could add 2.75 percentage points to whatever baseline rate of return it is given, if the project is approved.
Base line rates usually range from 10 percent to 11 percent, Van Nostrand said. It’s impossible to say now what NYRI’s baseline rate would be, experts said.

NYRI general counsel Len Singer called the additional 2.75 percentage point advantage “a significant benefit” for attracting investors.

But power line opponents said the decision wasn’t important in the grand scheme.

“What’s happened is NYRI is a barking dog of a project and FERC threw the dog a bone,” said John Klucsik, an attorney representing the NYRI opposition group Counties Against Regional Interconnect. “And it’s a very small bone.”

In its order, the commission said it has the power to grant rates of return up front, “but we decline to do so here.”

The report said there still was too much uncertainty about the company’s application. NYRI had failed to get property rights for the route, had not yet received site approval from the state, and the company did not yet have customers, among other things, the report stated.

Federal officials were adamant in their opposition to the commission’s decision.

“Not only does FERC’s outrageous decision completely ignore the concerns and wishes of many New Yorkers, it actually forces them to pay for a project they don’t want,” U.S. Sen. Hillary Clinton, D-N.Y., said in an e-mailed statement.

U.S. Sen. Charles Schumer, D-N.Y., had a similar view.

“Ratepayer subsidies to NYRI are unwarranted and outrageous and further proof that FERC is too close the industry,” Schumer said in an e-mailed statement. “Now it is vital for the New York Public Service Commission to scour NYRI’s application with a fine-tooth comb, and we hope that will lead them to reject it as too intrusive and unnecessary.”

U.S. Rep. Michael Arcuri, D-Utica, said he would continue to fight the power line.

“I find this decision by FERC — and this administration that supports it — to be an unconscionable and indefensible burden on taxpayers,” he said in an e-mailed statement. “We all know the NYRI project will raise electric rates for consumers in Upstate New York, and to force local citizens to guarantee profits for NYRI’s secret shareholders is equally unacceptable. I will continue to fight the NYRI proposal every step of the way.”

Arcuri’s Republican opponent for the 24th Congressional District in November’s election — Richard Hanna of Cooperstown — however, said Arcuri was not the best one for the fight.

“This ruling by FERC is outrageous. It is an attempt to incentivize investors to participate in the power line project, and this is another indication of the failure of Mike Arcuri to stop this blight on not only property holders but the over all quality of life in Central New York,” Hanna said in an e-mailed statement.

 

 

 

9.  A Couple of  Other Items for Your Area-Defense Radar

 

===========================

 

www.stopthepowerlines.com contributor Fred Peckham has been posting in this newsletter lately:

 

A  http://hancockgaslease.com/2008/10/nyri-hearings-planned

============================

 

It looks like a couple of groups are considering developing the reservoirs for hydroelectric.  Anyone know more about this?

B: hydro????????????????????????

 

 

Federal Energy Regulatory Commission

 

 

NOTICES

 

 

 

Competing Preliminary Permit Application:

 

City of New York,

 

 

 

61850–61851 [E8–24706]

[TEXT]  [PDF]

 

 

 

 

 

 

_____

[Federal Register: October 17, 2008 (Volume 73, Number 202)]

[Notices]              

[Page 61850-61851]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17oc08-71]                        

 

———————————————————————–

 

DEPARTMENT OF ENERGY

 

Federal Energy Regulatory Commission

 

[Project No. 13287-000]

 

 

City of New York; Notice of Competing Preliminary Permit

Application Accepted for Filing, and Soliciting Comments, and Motions

To Intervene

 

October 9, 2008.

    On September 15, 2008, the city of New York filed a competing

application, pursuant to section 4(f) of the Federal Power Act,

proposing to study the feasibility of the West of Hudson Hydroelectric

Project, which comprises four development sites, Schoharie,

Cannonsville, Pepacton and Neversink, located on the Schoharie Creek,

West Branch Delaware River, East Branch Delaware River, and the

Neversink River, in Schoharie, Delaware and Sullivan Counties, New

York.

    The proposed West of Hudson Hydroelectric Project would consist of

the following developments:

 

Cannonsville Development

 

    (1) An existing 2,800-feet-long, 175-foot-high earthen Cannonsville

Dam; (2) an existing reservoir having a surface area of 4,800 acres and

a storage capacity of 300,000 acre-feet and normal water surface

elevation of 1,150 feet mean sea level; (3) a proposed 78-inch-diameter

penstock; (4) a proposed powerhouse containing four new generating

units having an installed capacity of 12.1-megawatts; (5) a proposed

tailrace; (6) a proposed 750-foot-long, 46-kilovolt transmission line;

and (7) appurtenant facilities. The proposed Cannonsville Development

would have an average annual generation of 25.46-gigawatt-hours.

 

[[Page 61851]]

 

Neversink Development

 

    (1) An existing 2,830-foot-long, 195-foot-high earthen Neversink

Dam; (2) an existing reservoir having a surface area of 1,477.8 acres

and a storage capacity of 112,000 acre-feet and normal water surface

elevation of 1,440 feet mean sea level; (3) a proposed powerhouse

containing two new generating units having an installed capacity of

1.65-megawatts; (4) a proposed tailrace; (5) a proposed 2,400-foot-

long, 4.8-kilovolt transmission line; and (6) appurtenant facilities.

The proposed Neversink Development would have an average annual

generation of 7.79-gigawatt-hours.

 

Pepacton Development

 

    (1) An existing 2,450-foot-long, 204-foot-high earthen Downsville

Dam; (2) an existing reservoir having a surface area of 5,700 acres and

a storage capacity of 441,000 acre-feet and normal water surface

elevation of 1,280 feet mean sea level; (3) a proposed powerhouse

containing two new generating units having an installed capacity of

3.1-megawatts; (4) a proposed tailrace; (5) an existing 800-feet-long,

46-kilovolt transmission line; and (6) appurtenant facilities. The

proposed Pepacton Development would have an average annual generation

of 9.04-gigawatt-hours.

 

Schoharie Development

 

    (1) An existing 2,273-foot-long, 183-foot-high earthen Gilboa Dam;

(2) an existing reservoir having a surface area of 1,130 acres and a

storage capacity of 58,800 acre-feet and normal water surface elevation

of 1,130 feet mean sea level; (3) four penstocks; (4) a powerhouse

containing three new generating units having an installed capacity of

12.9-megawatts; (5) a tailrace; (6) a proposed 15,000-feet-long, 13.8-

kilovolt transmission line; and (7) appurtenant facilities. The

proposed Schoharie Development would have an average annual generation

of 31.8-gigawatt-hours.

    Applicant Contact: For West of Hudson Hydroelectric Project, Mr.

Robert M. Loughney, Esq., Couch White, LLP, 540 Broadway, P.O. Box

22222, Albany, NY 12201, phone (518) 426-4600.

    FERC Contact: Patricia W. Gillis, (202) 502-8735.

    Competing Application: This application competes with Project No.

13222-000 filed May 9, 2008. Competing applications were required to be

filed on or before September 18, 2008.

    Deadline for filing comments, motions to intervene: 60 days from

the issuance of this notice. Comments and motions to intervene may be

filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii)

and the instructions on the Commission’s Web site under the “e-

Filing” link. If unable to be filed electronically, documents may be

paper-filed. To paper-file, an original and eight copies should be

mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory

Commission, 888 First Street, NE., Washington, DC 20426. For more

information on how to submit these types of filings please go to the

Commission’s Web site located at http://www.ferc.gov/filing-

comments.asp. More information about this project can be viewed or

printed on the “eLibrary” link of Commission’s Web site at http://

www.ferc.gov/docs-filing/elibrary.asp.

    Enter the docket number (P-13287-000) in the docket number field to

access the document. For assistance, call toll-free 1-866-208-3372.

 

Kimberly D. Bose,

Secretary.

[FR Doc. E8-24706 Filed 10-16-08; 8:45 am]

 

BILLING CODE 6717-01-P

——

    Competing Application: This application competes with Project No.

13222-000 filed May 9, 2008. Competing applications were required to be

filed on or before September 18, 2008.

    Deadline for filing comments, motions to intervene: 60 days from

the issuance of this notice. Comments and motions to intervene may be

filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii)

and the instructions on the Commission’s Web site under the “e-

Filing” link. If unable to be filed electronically, documents may be

paper-filed. To paper-file, an original and eight copies should be

mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory

Commission, 888 First Street, NE., Washington, DC 20426. For more

information on how to submit these types of filings please go to the

Commission’s Web site located at http://www.ferc.gov/filing-

comments.asp. More information about this project can be viewed or

printed on the “eLibrary” link of Commission’s Web site at http://

www.ferc.gov/docs-filing/elibrary.asp.

    Enter the docket number (P-13287-000) in the docket number field to

access the document. For assistance, call toll-free 1-866-208-3372.

 

Kimberly D. Bose,

Secretary.

[FR Doc. E8-24706 Filed 10-16-08; 8:45 am]

 

BILLING CODE 6717-01-P

_________________

FYI – From the 10/17/2008 Federal Register.

Dave

 

—–

 

 

September 7, 2008

It’s On! PSC Agrees to Consider NYRI’s app!

Filed under: use search words — magcut @ 10:20 pm

topple the towersOn August 27, 2008, the NY Public Service Commission (NY PSC) ACCEPTED AS “COMPLETE” NYRI’s application for a 200 mile long power line through NY State. Click the icon to download a press release

As the citizens’ opposition group, STOP NYRI points out, New York Regional Interconnect Inc., a private Canadian corporation, has applied to the PSC three times to have its proposal considered. The application was rejected as incomplete each time. Only now has the PSC deemed the proposal detailed enough for the process of review to begin.

In short:
While the APPLICATION has been accepted, the actual power line HAS NOT YET BEEN GRANTED A PERMIT!   
Read more at the Utica Observer Dispatch website…

This is a key phase in the fight against NYRI’s proposal. Opponents of the line (or its proposed routes) have a year to persuade the PSC to reject or modify NYRI’s proposal. You can act with an organized citizens group, a smaller interest group, or alone, but this is the time to act.

SAVE THESE DATES! Public hearings will be held on October 21 in Oneonta, NY and October 22 in Utica, NY. (See addresses below.)

Upstate citizens’ groups, who have done a lot to convince politicians, environmental lobbyists and other power-line-targeted communities to join the fight against NYRI, say that it is important for as many citizens as possible to BE THERE!

If you are in the Hancock area, this will be your only chance to re-affirm citizen opposition to this needless degradation of our area.  Visit this site later in the month for information about transportation.

If you are based downstate, there may be another hearing scheduled in Orange County soon, so please watch for it.

If you really can’t make a personal appearance, either on. . .

Tuesday, October 21, 2008, at. . .
SUNY Oneonta
Morris Conference Center
Craven Lounge, Ravine Parkway
Information Forums - 1:00 p.m. and 6:00 p.m.
Public Statement Hearings - 2:00 p.m. & 7:00 p.m.

OR

Utica
Wednesday, October 22, 2008, at . . .
Mohawk Valley Community College
1101 Sherman Drive
MVCC Theater
Information Forums - 1:00 p.m. and 6:00 p.m.
Public Statement Hearings - 2:00 p.m. & 7:00 p.m.

Send your comments to PSC stating opposition to NYRI.

ALL comments should refer to “Case 06-T-0650 – NYRI Transmission Line Proceeding.”

By Web, at the “PSC Comment Form” at http://www.dps.state.ny.us/comment.html
By phone, through the PSC’s Opinion Line at 1-800-335-2120
In writing to Jaclyn A. Brilling, Secretary, NYPSC,
Three Empire State Plaza, Albany, New York 12223-1350.

Need To Contact Your Leaders?
Click here for a Comprehensive Contact List(PDF 32KB)

or Use These Links

NO-NYRI
on the Web

April 29, 2008

write to FERC right away…

Filed under: government, actions routewide, powerlines, use search words — magcut @ 10:39 am

Please mail the following letter immediately. If you have it in you, please send it out to friends and relatives and ask them to send a letter also.

Why the letter’s important: FERC’s guaranteed 13.5% repay clause affects ALL U.S. TAXPAYERS. It makes people far and wide pay for transmission projects aimed to benefit urban centers. Besides, if we win this one, the NYRI deal will be a lot less likely. So please sign and mail this letter ASAP….

It was written by our friends at SayNo2Nyri from Otisville NY.

Once received at FERC your letter will become part of the official record.

Thank you,
Billy Howard, Lynn Phillips

———————-


(Date) ____________

Docket No. EL08-39-000

Joseph T. Kelliher, Chairman
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426

Dear Mr. Kelliher:

New York Regional Interconnect (“NYRI”) recently applied to FERC under the Energy Policy Act of 2005 to receive incentive-based rate treatment at a rate of return of 13.5 % to pay for the price of constructing a power line that would run from Oneida County to Orange County in New York. If the application is approved, local ratepayers would end up footing the bill for a significant portion of the costs to build the power line, and would probably pay more for their electricity.

New York Senators Charles Schumer and Hillary Clinton have joined Congressmen Michael Arcuri, John Hall and Maurice Hinchey in calling on FERC to deny NYRI’s application, which could cost New Yorkers billions of dollars. Granting NYRI incentive-based rate treatment at a rate of return of 13.5 % is premature and fails to promote a selection of cheaper, alternative routes, if any is needed at all. NYRI’s request presumes the need for any new power line in this area and ignores the ongoing litigation before the New York State Public Service Commission, the agency that will ultimately decide that issue.

At first NYRI pledged to foot the entire bill for this project “at no risk to New Yorkers,” but now it claims it needs federal incentives to pay for the project. FERC must deny NYRI’s flawed and premature application because the company has failed to explore cheaper alternatives to the power line and has rejected viable suggestions by the very communities that the line would affect. With the enactment of EPAct 2005, Congress did not intend to give FERC a blank check to hand out to the builders of new transmission lines.

I support our New York Senators and Congressmen and urge FERC to deny
NYRI’s application.

Sincerely,

___________________________________

(Signature)

(Printed name & address)

_________________________________

_________________________________

_________________________________


April 7, 2008

Q: what’s wrong with this picture?

Filed under: use search words — magcut @ 7:44 pm

junction poolA: Nothing– Yet!

Fred Peckham of Lordville reports that the picture at right was shot at the Junction Pool, Point Mountain, where the East and West Branch of the Delaware River meet in Hancock, the start of the Upper Delaware River Scenic and Recreational River (UDRSRR) that’s federally protected from power line development. The mountain to the left in the background contains route 17 which the power line will follow. The line will appear about half way up the mountain. The gap between the two mountains is where the East Branch flows towards the confluence.

 

Clearly, when NYRI says that it has abandoned the river route, it doesn’t mean that it has abandoned the river corridor. It bungles through every river town from Hancock down, as before. Stopping the current proposal is still a high priority for us all. See below for the current status of NYRI’s proposal and opposition measures in the works.

 

a fast and dirty update for 2008

Filed under: actions local, actions routewide, powerlines, use search words — magcut @ 7:43 pm

Articles (some of them long and windy) follow this index:

1. The PSC sent NYRI back to the drawing board – again. It rejected the corporation’s latest application as “incomplete.” So: the clock that gives the state one year to decide before FERC moves in isn’t ticking yet. (a) (b)

2. Environmental and states’ rights individuals and groups (including Sen. Hillary Clinton) are trying to block EPACT 2005 from giving the federal government what could be absolute power over transmission line siting. (a) (b) (c)

3. The town of Utica petitions the FERC to refuse a profit guarantee of over 13% to NYRI’s investors. Amazingly, such a deal is in the offing to encourage the company to take the “risk” of building a line. (This is an entirely new definition of investor risk.)

4. Regional groups remain steadfastly opposed to NYRI’s “new” proposal, saying it isn’t needed: “A $300 million solution to a $25 million a year problem.” says one guy. (As you’ll see below, the actual budget of NYRI’s power line has now doubled — to $2 billlion (two thousand million $$$) (a) (b)

5. The DOE refuses petitions from a multitude of organizations and individuals to reconsider its designation of most of the east and west coasts as “National Interest Energy Transmission Corridors” (NIETCs). The designation lasts 12 years and grants the federal government (at its discretion) absolute power over the location of transmission lines if states don’t agree with its analysis of “need” or meet the guidelines and timelines it sets. (a) (b)

6. In its massive new filing, NYRI’s budget tops $2bil but it promises energy savings for all. Well, ALMOST all. (And we can use our savings to pay its 13% guaranteed profit, plus whatever enterprise or development zone grants it manages to squeeze out the state once we’re dependent on it.)

7. New technologies like superconductors that increase energy efficiency for transmission need more R&D funding. The promise they hold can’t be unlocked in the current financial environment where massive subsidies go to conventional and already profitable energy solutions.

8. A Citizen argues against Marcy South. There are backyards there too.

9. Acuri writes the NY PSC asking it to press NYRI to evaluate the thruway route, which it dismissed too readily – and perhaps unnecessarily — as illegal.

10. Opposition to FERC’s overreaching and to EPACT’s potential impact is nationwide. (a) (b) (I know, we covered that already — but if you’re still reading, you’re an info glutton, and I will feed you.

After these articles are links to all the PSC and FERC documents you can eat.

So here we go, readers and readettes:

ONE (A)

03/24/2008 (our case number is ) 06-T-0650

NY PSC Notices — Transmission

File Size: 15952
View Document

New York Regional Interconnect Inc., Notice to Parties
View All Documents with this Case Number
View All Documents issued on 03/24/2008

Letters Transmission

File Size: 51371
View Document

New York Regional Interconnect Inc. - Letter to Leonard H. Singer, Esq., Couch White, LLP and Chris Thompson, President, New York Regional Interconnect Inc. from Jaclyn A. Brilling, Secretary, regarding application deficiencies
View All Documents with this Case Number
View All Documents issued on 03/24/2008

One (B)

Source unknown:

New York Regional Interconnect, or NYRI applies, for a second time, to run a power line from the Utica area downstate, and for the second time the application is sent back.
The Public Service Commission says it wants revisions.
Among the cited deficiencies:

–A study of how the line would impact the statewide electrical system is missing.
–Aerial photos of the route don’t give enough information.
The formal review process for the application can’t begin until the PSC says the applications complete. PSC spokesman James Denn said applications are sometimes returned more than once, and companies can resubmit as many times as they want.

TWO (a):

From the 2/13/2008 Radio Free Hamilton.

Sen. Clinton Joins Others Asking for Corridor Hearings
Presidential Candidate and U.S. Sen. Hillary Clinton has joined a bipartisan group
Senators calling on the Energy Committee to hold hearings on National Interest
Electric Transmission Corridors (NIETC). Created by the Energy Policy Act of
2005, NIETC bypass state siting authority for projects like the New York Regional
Interconnect, Inc. project.
More

_______

February 12, 2008

Clinton Calls on Energy Committee to Hold Hearings on Proposed Power Line Corridor

Department of Energy Plan Would Allow NYRI to Bypass New York State Siting Process

Washington, DC—Senator Hillary Rodham Clinton today joined Senator Bob Casey (D-PA) and a bipartisan group of Senators in calling on the Senate Energy and Natural Resources Committee to hold hearings on the Department of Energy’s (DoE) National Interest Electric Transmission Corridor (NIETC) program. In a letter to the Committee’s chairman and ranking member, Clinton and 13 other Senators highlighted that the current NIETC plan fails to comply with existing federal laws protecting environmental quality and public lands, and that the Federal Energy Regulatory Commission (FERC) plan bypasses states’ siting authority for power corridors.

“NYRI’s proposed power corridor would cut a swath through numerous New York communities over New Yorkers’ strong objections. I urge my colleagues who sit on the Energy Committee to investigate the way that the full implications of the 2005 law that would enable the federal government to override New York and a number of other states in siting power lines,” said Senator Clinton.

Under the Energy Policy Act of 2005 (EPACT), Congress authorized the DoE to designate “national interest electric transmission corridors” in congested areas of the high-voltage power grid. Last year, the DoE designated such a corridor that stretches along the East Coast and encompasses a large chunk of New York State, running from Oneida County to Orange County and cutting through federally protected parks and scores of local communities. Under EPACT, FERC was given the authority to override state denials of applications to build power lines under certain conditions.

Senator Clinton has long been a vocal and tireless advocate for those New Yorkers who are opposed to New York Regional Interconnect’s (NYRI) proposed power line route. Recently, Senator Clinton praised the decision of a federal judge in U.S. District Court in Albany to dismiss a lawsuit brought by NYRI that challenged a state law protecting homeowners from the use of eminent domain by private power companies. She has also joined with Senator Schumer to introduce legislation to fix the law in order to give the State of New York the final say on the siting of power lines.

The text of the letter follows:
Dear Chairman Bingaman and Ranking Member Domenici:

The energy bill recently approved by both the Senate and House of Representatives makes important advances for our nation’s energy independence and security with increased efficiency and alternative energy development. We are concerned, however, that the National Interest Electric Transmission Corridor (NIETC) program authorized under the Energy Policy Act of 2005 and implemented by the Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC) does not fully take into account other important options to our national grid such as investments in advanced electrical grid technologies, local generation of clean alternatives, and energy efficiency.

When Congress authorized Section 1221 of the Energy Policy Act of 2005, its intent was not to include such large swaths of land as were recently designated by DOE. Rather, the purpose was to ensure the grid’s reliability to prevent potential blackouts in heavily congested regions. Only recently have the impacts become evident with DOE’s final designation of the Mid-Atlantic and Southwest Corridors, which include portions of ten states, 220 congressional districts, and affect more than 72 million people.

Broad state and local opposition has arisen, in part, because some assert that DOE has failed to implement the NIETC program in accordance with the statutory requirements of Section 1221 to consult with states prior to designation, assess and evaluate transmission needs and non-transmission alternatives, and comply with existing federal laws protecting environmental quality and public lands. In addition, the Federal Energy Regulatory Commission (FERC) has issued a NIETC ruling that reverses long-standing policy and allows federal preemption of the states’ transmission siting authority within the designated Corridors.

Despite receiving more than 2,000 comments of concern, DOE published its final designation of the two Corridors, covering over 116,000 square miles, on October 5, 2007 with only minor changes to the draft proposals. Private citizens, elected officials, public utilities commissions, and groups representing historic, land, and environmental interests have filed petitions in opposition to DOE’s NIETC designation process. On December 5, 2007, DOE agreed to reconsider these comments. However, they did not stay the implementation of the program to allow for this substantive review.

In order to avoid continued conflict and adverse consequences, we urge you to take timely action to allow full consideration of the significant national and state implications of the NIETC program. Congressional oversight is needed now because many of the ten designated states currently have applicable transmission projects pending before their public utility commissions with less than a year for final action before the Federal Energy Regulatory Commission may intervene. We strongly believe that the Energy and Natural Resources Committee must hold hearings and bring all pertinent information to bear on the broad implications of the NIETC.

Thank you in advance for your consideration of our request. We cannot overstate the importance of the impact of the NIETC program on our constituents and states.

Sincerely,

Robert P. Casey Jr. (D-PA)
Arlen Specter (R-PA)
Ben Cardin (D-MD)
George Voinovich (R-OH)
Frank Lautenberg (D-NJ)
Charles Schumer (D-NY)
Sheldon Whitehouse (D-RI)
Hillary Rodham Clinton (D-NY)
Sherrod Brown (D-OH)
John Warner (R-VA)
Joe Biden (D-DE)
Jim Webb (D-VA)
Robert Menendez (D-NJ)
Tom Carper (D-DE)

 

TWO (b):

From the 3/15/2008 Mid-Hudson News.

Weekend March 15-16, 2008

 

Lawsuit filed over Energy Department’s transmission corridor designations

DENVER, CO – A lawsuit filed in a federal court could have ramifications on New York Regional Interconnection’s planned 190 mile long power line from Oneida County to Orange County.

Three groups, California Wilderness Coalition, Natural Resources Defense Council and The Wilderness Society Thursday filed the suit in the US Court of Appeals for the Ninth Circuit, contending the Energy Department violated the law when it designated National Interest Electric Transmission Corridors across huge areas of land in the Mid-Atlantic and Southwest.

Wilderness Society Senior Counsel Nada Culver said the lawsuit was filed after the federal agency denied a rehearing into the designation.

“We feel that the Department of Energy had a clear direction from Congress and also had a clear obligation to comply with the National Environmental Policy Act,” she said. “In both situations, the agency really should have looked at the actual effects of these designations on the ground and a real alternative to doing what they’ve done prior to just abrogating everyone’s authority over to the Department of Energy and to FERC to allow federal projects on all of our lands.”

The Mid-Atlantic NIETC would impact lands in New York, Pennsylvania, New Jersey, West Virginia, Ohio, Maryland, Virginia and Washington, DC.

There is widespread opposition to the NYRI project.

TWO (c):

From the 2/12/2008 Land Trust Alliance website.

http://www.lta.org/conservation_defense/utility_corridor.html

Utility Corridors Threaten Extraordinary Public Land

 

2/11/08 Update:

Eleven environmental organizations sued the U.S. Department of Energy (DOE) in January over DOE’s designation of an eight-state area where federal eminent domain can be used to fast track new high-voltage transmission lines. Led by the National Wildlife Federation and the Piedmont Environmental Council, the groups filed suit because of DOE’s failure to study potential environmental impacts.

The Alliance is assisting by hosting this conservation defense section of the website and discussion group. Also see an article from the new Exchange on tactics to fight condemnation.

Recent articles:

 

THREE:

From the 3/28/2008 Times Herald-Record.

Utica tells feds to refuse NYRI filing for big return

By Steve Israel

March 28, 2008 6:00 AM

UTICA — The feds should refuse a request for a 13.5 percent return for investors of the huge power line that would cut through our region, the upstate City of Utica said in a motion recently filed with the Federal Energy Regulatory Commission.
New York Regional Interconnect, which hopes to build a 190-mile-long power line from Utica to New Windsor, has asked FERC to reimburse it for the cost of the $2 billion line, as well as the 13.5 percent return for investors.
Both costs would be passed along to ratepayers.
sisrael@th-record.com

 

 

FOUR (a)

NYRI Opponents Optimistic

Optimism among opponents of NYRI, that their efforts to slow and eventually block the 190-mile long power line are working.

Topple the towers was the rallying cry at this meeting Friday night in Sherburne.
At first, NYRI conceded that shipping hyrdropower to New York City would raise electric rates upstate.But in it’s amended application to the PSC, NYRI did a 180, saying the power line would stimulate new generation capacity, and cut costs.

Ken Johnson of Earlville says NYRI’s economic case doesn’t make sense.”We get painted as being NIMBYs. You know, Not In My Back Yard. But it’s not about that at all. It’s really about something that just isn’t needed. It makes no economic sense at all. It’s only going to make a few people very wealthy. It’s a 300 million dollar solution to a 25 million dollar a year problem.”

The fact that 2 years after being proposed, the project is still mired in regulatory reviews is seen as good news, by Eve Ann Shwartz, co chair of Stop NYRI. “The longer it takes for them, the harder they have to fight, the greater likelihood that we will win eventually because their investors are going to realize that’s it’s just too costly to achieve their goal of making profit off of us* Shwartz says she expects the Public Service Commission to reject NYRI’s application, about one year from now.

(*I agree that buying time is our best bet — but not for this reason — LP)

FOUR (b)

From the 3/9/2008 Times Herald-Record.

Power-line foes pack meeting

By Steve Israel
Times Herald-Record

March 09, 2008

OTISVILLE — So what if a new route of the massive power line proposed for our region slices under this western Orange County village, and not above it, as first planned?

Folks are so dead set against New York Regional Interconnect, even a church graveyard has a red anti-NYRI sign.

Yesterday, two weeks after NYRI submitted new alternative routes to the state Public Service Commission, about 100 Orange and Sullivan residents braved sheets of rain to hear why the 190-mile-long power line is still wrong.

“We don’t need this; we don’t want this regardless of where it goes,” SayNo2NYRI’s Gail Heatherly of Otisville told the firehouse full of red anti-NYRI signs and shirts. “It’s going to lower our property values, increase our taxes and have a negative effect on the environment and tourism.”

And then SayNo2NYRI’s Nina Neighmond of the Town of Wallkill ticked off a slew of reasons why going underground in Otisville or building 10-story-high towers anywhere along the route from Utica to New Windsor is bad. NYRI would have to blast land it doesn’t yet own to dig beneath the village, she said. Zoning laws would have to be waived and access roads and storage areas would be carved in fields and forests.

“And they’re only going to tell us exactly where they’ll build once they get (approved),” she said.

That’s why an alternative route the PSC forced NYRI to examine — alongside the existing Marcy-South power line route — might be the lesser of evils, said Heatherly. But that would still mean taking land next to those lines that cuts through Sullivan and Orange counties. So power line foes want NYRI to explore building along the New York State Thruway — which NYRI says is prohibited by law if another route is “feasible.”

But even here in this hot spot of NYRI opposition, folks know fighting the $2 billion power line is a tall order — especially since the federal government could eventually approve it regardless of what the PSC rules.

So the opposition leaders urged these regular folks to turn out to the public hearings that should be scheduled in the next few months.

“Our voices have to be heard,” said Neighmond. “This is not over. This is just beginning.”

sisrael@th-record.com

 

FIVE (a):

From the 3/7/2008 Pittsburgh Post-Gazette.

Foes of power line corridors lose again

Energy Department affirms October ruling

Friday, March 07, 2008

By Don Hopey, Pittsburgh Post-Gazette

The U.S. Department of Energy has cleared the way for construction of a high-voltage electric transmission line in Washington and Greene counties and through wide corridors in the northeastern and southwestern United States.

The DOE announced yesterday that it was affirming its October decision to designate 52 of Pennsylvania’s 67 counties and broad swaths of seven other northeastern states as part of a national interest electric transmission corridor, or NIETC. It also reaffirmed a southwestern corridor in southern California and Arizona.

Authorized by a 2005 federal energy law, such corridor designations make it easier to build power lines in those areas by giving the federal government the power to approve such projects over the objections of local and state officials.

The DOE ruling denied 71 requests for a rehearing from citizens groups and state agencies, including the Pennsylvania Public Utility Commission and the state Department of Environmental Protection, saying the challenges were “without merit.”

Allegheny Power’s plan to construct 37 miles of a 240-mile, 500-kilovolt power line through Washington and Greene counties must still get PUC approval, but the DOE decision announced yesterday provides a “backstop” should the state commission balk.

Doug Colafella, a spokesman for Allegheny Power, said the transmission line to carry power from southwestern Pennsylvania through West Virginia into northern Virginia is needed to prevent electric supply problems that studies show could occur by 2011.

“The DOE decision underscores the importance and need for enhanced transmission in this country. Our transmission system is not keeping pace with demand,” he said.

Pennsylvania’s PUC will hold hearings on the project during the last week of this month in Pittsburgh. Public hearings are taking place this week in Virginia, and a decision by the Public Service Commission of West Virginia is due May 2.

Mr. Colafella said the company is committed to working through the state agencies and commissions to get approval for the project. That might be tough in Pennsylvania, where the PUC, the DEP and Gov. Ed Rendell have opposed the corridor designations and the transmission line.

“We’re disappointed with the DOE ruling. This transmission line is only going to depreciate property values and offer no real benefit to Pennsylvania citizens,” said Neil Weaver, a DEP spokesman, adding that the department is reviewing the decision and weighing an appeal.

Greene County Commissioners Chairwoman Pam Snyder said the power line project adds a health risk to a county already living with pollution from dirty coal-fired power plants.

“It’s a sorry day when our federal government takes the word of the power company over the interests of its citizens and allows something like this to be shoved down our throats,” she said. “We will continue to hope and fight.”

Denise DiNunzio, a spokeswoman for the state Public Utility Commission, declined comment, saying the commission had not yet reviewed the 48-page decision.

Don Hopey can be reached at dhopey@post-gazette.com or 412-263-1983.

First published on March 7, 2008 at 12:00 am

 

 

FIVE (b):

From the 3/7/2008 Electric Light & Power.

DOE denies rehearing request for transmission corridor designations

Washington, D.C., Mar. 7, 2008 — The U.S. Department of Energy (DOE) denied requests for rehearing of the Mid-Atlantic and the Southwest Area National Interest Electric Transmission Corridors (National Corridors) designated by DOE in October 2007 as areas of significant electricity congestion and constraint. The designation of national corridors was made in accordance with the Energy Policy Act of 2005 (EPAct). In affirming the National Corridor designations, the DOE dismissed as being without merit challenges raised by the applicants for rehearing, citing data analysis conducted in its 2006 National Interest Electric Transmission study, opportunity for public review and comment, and other reasons.

DOE reviewed the specific issues raised by applicants for rehearing and cited reasons for denying the requests in an order sent to the Federal Register. The DOE said that the findings of congestion in the designated areas are well-founded and based on data and studies as required by statute, and were based on analysis demonstrating that persistent transmission congestion that adversely affects consumers exists in these two areas. The DOE also highlighted that its approach to defining the geographic boundaries of the affected areas is consistent with the statutory requirements.

The DOE also said it is not required by statute to analyze non-transmission alternatives for relief of congestion prior to issuing a National Corridor designation. The DOE also said federal statutes such as the National Environmental Policy Act, the Endangered Species Act, and the National Historic Preservation Act are not applicable to the DOE’s designation of national corridors. Reviews under those statutes would be conducted by the Federal Energy Regulatory Commission before Federal approval could be granted under the Federal Power Act for the construction of a transmission project.

 

 

SIX:

From the 2/21/2008 Associated Press.

Feb 21, 6:09 PM EST

AP Newsbreak: NYRI costs rise but cheaper power predicted upstate

By DEVLIN BARRETT

WASHINGTON (AP) — The total cost of the proposed NYRI power line in central New York has jumped to more than $2 billion, according to new documents that include the company’s prediction the project will lower long-term electricity prices across the state.

New York Regional Interconnect, Inc. delivered a massive supplemental filing to the state’s Public Service Commission late Thursday. A copy of the filing was obtained by The Associated Press.

In the documents, the company specifically rejects the possibility of building the power line along the New York State Thruway, as some elected officials, including Gov. Eliot Spitzer, have suggested. NYRI said the route is “not a feasible alternative” due to federal law.

NYRI contends a 190-mile, 1,200 megawatt direct current line running from the Utica area to Orange County is needed to improve the state’s aging power grid and reduce the threat of blackouts like the one that struck the state in 2003. But the project has generated intense opposition from residents along the proposed path who say it will harm their communities and lead to higher costs for power.

“I believe we’ve addressed all of the major issues, all of the Public Service Commission’s requests,” said NYRI president Chris Thompson. “I think a lot of the opposition comes from misinformation and we believe this filing will clarify and correct the record on that by getting out the actual facts.”

The company submitted three thick binders of documentation to the PSC, hoping to win state approval for the project. As part of the submission, NYRI commissioned an outside company, CRA International, to analyze the project’s impact on power costs around the state.

Statewide, power costs would decline by 4.7 percent in 2012, the first expected year of operation, although in the Mohawk Valley, those costs would rise by 2.9 percent, according to CRA. Over the long term, the company predicted, consumer costs would decline everywhere except for the Capital District. By 2018, the analysts predict, statewide consumer costs would drop 5.7 percent.

Most of the opposition to NYRI has come from those who say building power lines and towers will despoil their communities. The company has sought to win approval for the line to run largely along old railroad rights of way, but the state agency asked NYRI to consider alternate routes.

In the supplemental filing, NYRI for the first time proposes burying the line underground in the most densely populated section near Utica, but the company says doing so for the entire length of the project, as some have suggested, would be too expensive to build and maintain.

Burying the line through the Utica area is the main reason the total cost of the project has risen from $1.6 billion to $2.1 billion, said Thompson.

The company also offered an alternate route along an existing power line called Marcy South, as well as numerous short-distance variations along the original proposed route.

“There are a total of 15 or 16 alternate routings or options,” said Thompson.

The Thruway, they say, is not one of them.

Elected officials, from the governor to Utica-area congressman Michael Arcuri, have suggested the possibility of running NYRI along the Thruway. But the company said federal law only allows such construction if there are no other viable alternatives. Since the company contends that its original proposed route - as well as others - are viable, it argues the Thruway isn’t really an option.

The NYRI bid will now likely lead to formal hearings, and a final decision could still be a year away.

The NYRI project aims to address a perennial state energy issue: how to get power flowing cheaply and easily from its generation sources upstate to meet the ever-growing demands of the New York City area.

NYRI has also become part of a broader argument about the nation’s electric grid and whether the federal government should step in and approve such lines over the objections or local and state authorities.

Most of New York is now part of a federally designated “national interest electric transmission corridor” which would allow Washington officials to step in and approve a power line project if state authorites fail to act. While the law is new, NYRI could end up being its first test, should the company fail to win approval from the state.

 

 

SEVEN:

Ken Silverstein EnergyBiz Insider Editor-in-Chief Read Ken’s Blog

The so-called high-temperature superconducting cable must actually be super-cooled. That will virtually eliminate the resistance to electricity flow, thereby greatly increasing the efficiency of the wire. The second-generation technology is one solution to the challenging task of providing sufficient electric power to densely populated areas. Burying cable and acquiring rights-of-way is prohibitively expensive, often representing three-quarters the cost of such projects. With their greater capacity, however, superconducting cables hold lots of promise.

“High-temperature superconductivity has repeatedly demonstrated that it has the potential to play a pivotal role in modernizing our electric infrastructure and ensuring the stable and affordable delivery of electricity to our homes, businesses, and industry,” says Kevin Kolevar, director of the Office of Electricity Delivery and Energy Reliability for the U.S. Department of Energy. “As the nation’s demand for electricity continues to grow, so too do the pressures on our electric utilities to continue to provide the reliable electric service that is so important to our economy and way of life.”

Part of the Energy Department’s role is to provide funds for research and development into promising new technologies, all to plant the seeds for the time they might become commercially available. The agency justifies its foray into superconducting cables, noting that more than 7 percent of the electricity transported across the wires is lost because of resistance in current copper technologies. At a time when the nation is concerned about fuel supplies and air quality, it is a good investment and would ultimately result in $16 billion a year in savings, it says.

Superconductivity power equipment is not only half the size but it is also far more resourceful than conventional copper technologies. The Energy Department says that about 2,200 miles of existing underground cables are quickly becoming outdated and could be replaced with high-temperature superconductive lines that are less invasive.

Besides the National Grid project in Albany, the agency also has partnerships with American Electric Power in Columbus, Ohio and the Long Island Power Authority in New York. Meantime, the U.S. Department of Homeland Security is working with Consolidated Edison to install those cables in Lower Manhattan.

In the case of Albany, a 350-meter modern cable will run between two substations. The project will cost about $27 million, of which the Energy Department will pick up half. It actually got its start in 2001 with a $6 million grant from a New York State energy agency, with some initial installation back in 2006.

“National Grid has been pleased with the performance of the high-temperature superconducting cable during Phase 1 of this program,” says William Flaherty, regional executive director of National Grid. “We are happy to have it back online now .The project has demonstrated that high-temperature superconducting cable works as expected, is reliable, and has posed no problems to National Grid’s system.”

High Cost

To be sure, the cost must still drop considerably for the technology to become widespread. But the good news is that increasing investment into the field is spawning newer prototypes. Once the technology reaches a critical mass, commercialization will start to occur and the price tag will come down.

Intensified research efforts are largely the result of increased attention to the reliability of the nation’s transmission grid. Efforts are also underway, for example, to develop cheaper wire that does not contain silver, called a coated conductor. But such wires have a long way to go before they would be practical. Altogether, the Energy Department has allocated $57 million for research and development for such projects while industry has agreed to put up $60 million.

The agency is now partnering with AEP in a two-year, $9 million project that is testing second-generation superconducting cable. It runs 200 meters and delivers 50 megawatts of power to 8,600 industrial, commercial and residential customers. It is also joining forces with the Long Island Power Authority by allocating $15 million of the $30 million cost of a project there. It is a 138 kilovolt cable system that is nearly a half mile in length. It is the first high-temperature superconductor cable at a transmission site. Other such wires have been used at distribution sites, which are characterized as lines that are 60 kilovolts or less.

The Department of Homeland Security, meanwhile, says that part of its role is to ensure the electricity keeps flowing in major commerce centers. To that end, it is funding $25 million of the $39 million price tag for such technology in New York’s financial district. Con Edison will install the first 50 meters of a 300 meter project by year-end. If all goes well, the full project is expected to be complete in 2010.

“The U.S. power grid is one of our most valuable assets, and we are taking the steps necessary — through the use of our most advanced technologies — to ensure its safety,” says Jay Cohen, under secretary for science and technology with Homeland Security. “As we saw with the August 2003 blackout and in incidents since, disruptions to the power grid have far-reaching effects and a tremendous economic impact.”

High-temperature superconducting cables can increase national and economic security by modernizing the grid. And while the technology is now expensive, government agencies are pitching in and trying to get those next generation wires into the mainstream. In time, it will succeed. The demand for power will not abate and will therefore necessitate the deployment of cutting-edge tools to enhance grid security.

More information is available from Energy Central:

Superconducting Sizzle - A New Cable Technology, EnergyBiz, Nov/Dec 2006

Secure Super Grid Debuts: ConEd Turns to Superconducting Cables, Energy Biz, July/Aug 2007

The Future of Superconducting Transmission, Energy Biz, July/Aug 2007

——————————————————————————- ——————–

Republished with permission from CyberTech, Inc. EnergyBiz Insider is published three days a week by Energy Central. For more information about Energy Central, or to subscribe to EnergyBiz Insider, other e-newsletters and EnergyBiz magazine, please go to http://www.energycentral.com/centers/energybiz/ebi_list.cfm/

 

 

EIGHT:

Letter to the Editor from the 3/31/2008 Times Herald-Record.

Don’t follow Marcy-South

The front page of today’s Times Herald-Record reads, “Marcy-South Route for NYRI?” Everyone seems to be leaning toward the Marcy-South route being the lesser of two evils; however, there is NO room for the new power lines.

As per NYRI’s documentation, there needs to be a 150-foot center line-to-center-line distance from the existing Marcy-South power-line towers to any new power-line towers constructed next to them. NYRI would still need to purchase property and/or pursue eminent domain from residents adjacent to the existing Marcy-South lines.

You can barely see the tops of the existing Marcy-South towers from most of the homes in our area. If NYRI constructs the new power lines adjacent to the existing Marcy-South power lines, they will potentially end up in the backyards of many residents.

Please don’t support the Marcy-South route as the easy alternative.

I can see it now: All of the NYRI foes will declare victory and move on and we (residents adjacent to Marcy-South) will be left with the new NYRI lines literally in our backyards.

Brian Gilligan

Campbell Hall

 

 

NINE:
From the 2/26/2008 Utica Observer-Dispatch.

Arcuri: NYRI can’t ignore Thruway


By ELIZABETH COOPER

Observer-Dispatch

Posted Feb 26, 2008 @ 09:15 PM

Last update Feb 26, 2008 @ 09:17 PM


AT A GLANCE

NYRI’s supplemental application filed Thursday with the Public Service Commission included possible alternate routes for its proposed power line, but excluded following the New York State Thruway.

If the Public Service Commission determines NYRI’s application is complete, it will begin the process to decide whether to approve the line through the area.

U.S. Rep. Michael Arcuri, D-Utica, said Tuesday he plans to send a letter to the Public Service Commission urging the agency to consider the Thruway route for the proposed power line.

TEN (A):

3/12/2008 Center for Biological Diversity news release


For Immediate Release, March 12, 2008

Contacts:

Amy Atwood, Center for Biological Diversity, (503) 283-5474, atwood@biologicaldiversity.org
Megan Anderson, Western Environmental Law Center, (575) 751-0351 x 13, anderson@westernlaw.org

Energy Department Fails to Consider Environmental Impacts of
Southwest Energy Corridor on at Least 95 Endangered and Threatened Species;
Conservation Group Amends Lawsuit Over Corridor Designation

LOS ANGELES— The Center for Biological Diversity today amended its federal district court lawsuit challenging the Department of Energy’s October 2007 designation of the Southwest National Interest Electric Transmission Corridor — a sweeping, 45-million-acre area that includes seven southern California and three Arizona counties — for failing to analyze the environmental impacts of the corridor to at least 95 species listed as threatened or endangered under the Endangered Species Act.

“The Energy Department has turned a blind eye to the impact of federally siting electric transmission lines and facilities in this huge area,” said Amy Atwood, staff attorney with the Center for Biological Diversity. “There are dozens of endangered species in the area that are already suffering the effects of habitat loss and degradation and will only be pushed further toward the brink of extinction as the result of huge transmission projects designed to serve southern California’s energy demands.”

The Department of Energy designated the Southwest Corridor pursuant to the Energy Policy Act of 2005, allowing for “fast-track” approval of utility and power line projects within the corridor, nullifying state and federal environmental laws, and enabling energy companies to condemn private land for new high-voltage transmission lines.

“The areas DOE included within the Southwest Corridor are incredibly rich in species, including the center of an internationally recognized biodiversity hotspot,” said Megan Anderson of the Western Environmental Law Center, lead attorney on the case. “However, far too many of the species that inhabit this area are already endangered or threatened with extinction. For DOE to completely refuse to consider the impact of its action on these species is not only illegal, it is irresponsible given the uphill battle these species already face.”

The 45-million-acre electric transmission corridor includes millions of acres of protected federal and state lands in California and Arizona and at least 95 species that are listed as threatened or endangered with extinction under the Endangered Species Act.

The Center is being represented by Anderson and Matt Kenna of the Western Environmental Law Center and Atwood and Jonathan Evans of the Center for Biological Diversity. The suit is pending in the U.S. District Court for the central district of California.

Background

Section 1221 of the Energy Policy Act of 2005 required the Department of Energy to analyze and report to Congress on areas experiencing electric transmission “congestion” and designate such areas as “national interest electric transmission corridors.”

On October 5, 2007, the Department of Energy designated two such corridors, one of which was the Southwest Corridor. This corridor includes southern California’s Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties, as well as Arizona’s La Paz, Maricopa, and Yuma counties.

As a result of the Department of Energy’s designation, proposed projects in the Southwest Corridor are subject to an abridged permitting process orchestrated by the Federal Energy Regulatory Commission, which includes opportunities to override state agency decisions denying a project, use eminent domain to obtain rights-of-way across private lands, appeal federal agency denials of permits, and short-cut environmental reviews.

On December 21, 2007, the Center filed a formal notice of intent to sue the Energy Department over the Southwest Corridor for failing to analyze the impacts of the corridor on the at least 95 endangered and threatened species under the Endangered Species Act. The Center filed a complaint alleging violations of the National Environmental Policy Act and Energy Policy Act of 2005 on January 10, 2008. Today’s amended complaint adds violations of the Endangered Species Act to the federal district court challenge.

From the 3/31/2008 Boston Globe.

Federal power corridors prompt a backlash

Opposition rises to US grid policy; 2005 act cites national interests

WASHINGTON - There is wide agreement that the nation needs to upgrade the aging system that delivers electricity from power plants to consumers - a grid that already is overtaxed and facing a 43 percent increase in demand over the next two decades.

But opposition is growing to the way the Bush administration has interpreted Congress’s instructions to improve it.

The Department of Energy is making it easier to build high- voltage transmission lines in vast tracts of the country, raising objections among environmentalists, lawmakers, and states that would lose the right to veto power lines within their borders.

The 2005 energy act gave the Energy Department the right to designate national-interest electric transmission corridors, where the federal government can step in to permit transmission towers and wires that have been rejected or delayed by states. In these corridors, the federal government can condemn private land along a power-line route.

Now the department has set up two corridors that cover huge swaths of territory. The western zone includes Southern California and western Arizona. The eastern zone cuts from New York to Virginia and inland across large sections of Pennsylvania, West Virginia, and Ohio.

Transmission of electricity is critically congested at the core of each zone, the Energy Department says. The new federal authority in the corridors is attracting interest from utilities.

But critics say the zones are too large and were drawn to favor power from plants that run on fossil fuels instead of cleaner sources such as wind, solar, and heat from the Earth’s interior, which also would need transmission if they were to be part of the energy mix.

The chosen contours of this plan, they say, will exacerbate global warming and pollution.

They have cited the potential effect on farmland and natural habitats. The National Trust for Historic Preservation has listed the eastern zone as one of its “11 most endangered places” because of Civil War battlefields, stretches of the Appalachian Trail, designated historic districts, and scenic rivers that could fall within power-line paths.

Bush administration officials like to compare their initiatives to President Eisenhower’s creation of the interstate highway system, and they say it will help keep energy prices down.

“The grid is the ultimate balancing act. The larger the grid is, the easier it is to balance,” said Kevin Kolevar, an assistant secretary of Energy who directs the three-year-old Office of Electricity Delivery and Reliability.

More than 157,000 miles of high-voltage wires in the United States send electricity to where it is needed. But the electrical grid as currently constituted is four separate regional sets of wires, with few connections between them.

Additions to this infrastructure have been slow, with 668 miles of interstate transmission built since 2000. Each state makes a separate decision on its part of the route.

Kolevar said the new zones were large to allow for flexibility in determining the sites for the lines, so that sensitive areas could be avoided. As for fossil fuels versus alternatives, the department is “generation-neutral. We really are,” he said.

The crux of the problem lies with proposals for power lines that cross state borders, Kolevar said. States, he said, “can’t take a Confederate point of view and not consider the needs of their neighbors.”

There is one escape hatch for states in the corridors, he added: When three or more states form a compact for transmission planning, the federal government will cede its authority to that group. “We need to see these states coming together, binding themselves to one another,” he said.

Environmental groups have filed separate federal lawsuits against the designation of each national interest corridor. Virginia recently sued the Energy Department in the Fourth US Circuit Court of Appeals.

The Senate Energy and Natural Resources Committee plans to hold hearings on transmission, and Chairman Jeff Bingaman, Democrat of New Mexico, said he expects the corridors issue to come up.

The corridors were “the best thing we could think of,” Bingaman said. “We’re just now learning how it’s going to work. We will look to see whether it’s being implemented the way we intended.”

The PSC files on NYRI (WONKS ONLY)

Filed under: use search words — magcut @ 6:38 pm

FYI – From the 2/27/2008 NYS PSC website.

http://www.dps.state.ny.us/NYRI.htm

Dave

 

New York Regional Interconnect - Case 06-T-0650

Blue Line

About the New York Regional Interconnect

New York Regional Interconnect, Inc. (NYRI) proposes to develop, construct, and operate a high voltage direct current (HVDC) transmission line extending from the Edic Substation in the Town of Marcy in Oneida County to the Rock Tavern Substation in the Town of Windsor in Orange County.  The approximate distance of the line is 200 miles.  The HVDC transmission line is proposed to be designed and operated with a rated power flow of 1200 MW at a nominal voltage of ±400 kV DC. NYRI projects commercial operation by 2011 provided that an Article VII certificate and all regulatory approvals are received in time to start construction in 2008.

divider

Project Status

NYRI has filed an application for a Certificate of Environmental Compatibility and Public Need with the New York State Public Service Commission for transmission line certification under Article VII of the Public Service Law.  The Staff of the Department of Public Service will update this web link regularly and post new information as it becomes available. Please make use of the information resources that are offered below concerning the NYRI Project and Article VII process.

February 21, 2008 - Application Filing

For information about the NYRI Article VII application, contact NYRI at www.nyri.us or call them toll-free at 1-877-FYI- NYRI (1-877-394-6974).   The applicant will develop a project mailing list to distribute information and project updates.  You can register on line.  To be added to the mailing list, click here: http://www.nyri.us/menu.html and complete the on-line registration form, then “submit” the form.

NYRI’s application has been posted on the company’s Web site. NYRI has placed copies of its Article VII application in public libraries along the proposed primary and alternate project routes. For your convenience, we have provided a link to the list of libraries List of libraries from NYRI’s Press Release.

On July 26, 2006, the Secretary notified NYRI of deficiencies in their Application (see Related Documents and Filings - Letters).

divider

FOR FURTHER INFORMATION

Public involvement and input are important to the Commission in all Article VII cases. Department staff is available if assistance is needed.  For further information on the Article VII process or on specific Article VII cases, you may:

Obtain information about the Article VII process:

The Department of Public Service has prepared a booklet that explains the Article VII siting process. The Article VII Process Guide is available on line: http://www.dps.state.ny.us/Article_VII_Process_Guide.pdf
The Article VII Process Flow Chart is separate from the guide and is available on line: http://www.dps.state.ny.us/Article_VII_Flow_Chart.pdf.
If you would like to have copies of this guide mailed to you, contact us via email at: PSC Comment Form or call the Article VII toll-free Information Line at: 1-877-772-7289.

Please refer to the Article VII Process Guide for information on becoming an Active Party in the NYRI Article VII Proceeding.

Request your name be added to a service list to receive copies of orders, notices and rulings or submit a formal written statement by writing to:

Honorable Jaclyn A. Brilling, Secretary
New York State Public Service Commission
Three Empire State Plaza
Albany, NY 12223-1350

Request information regarding the NYRI proposal or to learn more about how to participate in the NYRI project review:

James de Waal Malefyt, Staff Project Manager
New York State Department of Public Service
Office of Electricity & Environment
Three Empire State Plaza
Albany, NY 12223-1350
518-486-2941

Contact the Department of Public Service:

For general information, call the Article VII toll-free Information Line at:
1-877-772-2789 or click here: PSC Comment Form

Many libraries offer free Internet access.  Comments are downloaded regularly and should reference the Article VII case number assigned to the application.

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COPIES OF THE APPLICATION AND OTHER DOCUMENTS
The application and other documents, such as testimony, submittals, and hearing transcripts regarding the NYRI proposal are available for inspection, as they are filed, at the following location:

New York State Department of Public Service
Central Files Unit – 14th Floor
Three Empire State Plaza
Albany, NY 12223-1350

The application and other documents may be copied.  Visitors to the Central Files Unit should be prepared to show valid photo identification.

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Related Documents and Filings:

_______________

FYI – From the 2/27/2008 NYS PSC website.  A new NYRI Active Party List

Dave

 

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FERC’s NYRI dossier (WONKS ONLY)

Filed under: use search words — magcut @ 6:16 pm

Here’s a collection of recent documents posted on the FERC website pertaining to NYRI.

Try the FERC Generated PDF link for each. When the link doesn’t work, try a search of NYRI at the FERC website at:

http://www.ferc.gov/docs-filing/elibrary.asp

_______

Category/
Accession
Doc Date/
Filed Date
Docket
Number
Description Class/
Type

Files

Size

Submittal
20080328-5072
03/28/2008
03/28/2008 EL08-39-000

Amendment to Motion to Intervene, Protest, and Dismiss of City of Utica, New York under EL08-39
Availability: Public
Highlighted Version Comments/Protest /
Comment on Filing
Intervention /
Motion/Notice of Intervention
Pleading/Motion /
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Submittal
20080328-5119
03/28/2008
03/28/2008 EL08-39-000

Motion for Leave to Answer and Answer of New York Regional Interconnect Inc. by Couch White, LLP under EL08-39
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Submittal
20080320-0305
03/17/2008
03/17/2008
The Natural Resource Defense Council submits documents concerning the Petition for Review re a complaint against the US Department of Energy.
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ubmittal
20080313-5016
03/13/2008
03/13/2008 EL08-39-000

Motion to Intervene, Comments and Dismiss of City of Utica, New York under EL08-39
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Submittal
20080313-5030
03/13/2008
03/13/2008 EL08-39-000

Motion to Intervene and Protest of the New York Association of Public Power under EL08-39
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Submittal
20080313-5035
03/13/2008
03/13/2008 EL08-39-000

Motion to Intervene of New York Independent System Operator, Inc. under EL08-39
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Motion/Notice of Intervention

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Submittal
20080313-5046
03/13/2008
03/13/2008 EL08-39-000

Notice of Intervention and Comments of the New York State Public Service Commission under EL08-39
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Submittal
20080313-5055
03/13/2008
03/13/2008 EL08-39-000

Motion to Intervene of NRG Companies under EL08-39
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Submittal
20080313-5092
03/13/2008
03/13/2008 EL08-39-000

Motion to Intervene of City of New York and New York City Economic Development Corporation under EL08-39
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Submittal
20080313-5133
03/13/2008
03/13/2008 EL08-39-000

Motion to Intervene and Comments of the New York Transmission Owners under EL08-39.
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Submittal
20080313-5137
03/13/2008
03/13/2008 EL08-39-000

Motion to Intervene and comment of Consolidated Edison Company of New York, Inc. and Orange and Rockland Utilities, Inc. under EL08-39
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Submittal
20080212-4004
Document Components
02/12/2008
02/12/2008 EL08-39-000

New York Regional Interconnect, Inc’s CD containing the notice of filing to its petition for declaratory order for incentive rate treatment under EL08-39. (crs & lib files not loaded)
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Submittal
20080215-0078
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02/12/2008 EL08-39-000

New York Regional Interconnect, Inc’s petitions for issuance of declaratory order under EL08-39.
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March 19, 2008

cuomo petitions FERC to reconsider NIETC designation

Filed under: government, nyri proposal, powerlines, NEWS UPDATES, the LAWS — magcut @ 11:07 am
Department of Law
120 Broadway
New York, NY 10271

212-416-8060

For Immediate Release:
New York City Press Office / 212-416-8060
Albany Press Office / 518-473-5525
nyag.pressoffice@oag.state.ny.us

Department of Law
The State Capitol
Albany, NY 12224
518-473-5525

March 18, 2008

 


STATEMENT BY ATTORNEY GENERAL ANDREW M. CUOMO

“My office has filed a legal challenge against the Federal Department of Energy seeking to prevent the Federal Government from taking over the approval process for the New York Regional Interconnect (NYRI). A recent decision by the U.S. Department of Energy would subject major regions of New York State to the development of massive electric transmission lines - including the proposed 200-mile long NYRI line over the state’s objections. The DOE’s action was taken without proper environmental review and could harm residences, businesses and natural resources in the region of the proposed NYRI line. DOE’s action is illegal and through this challenge, I will continue the fight to protect homeowners and the environment in New York and New York’s right to make it’s own energy siting decisions.”

February 4, 2008

Major Victory, People. . .

Filed under: use search words — magcut @ 4:27 pm

http://passaicnews.wordpress.com/2007/08/06/nj-man-drowns-in-delaware-river/Some said it was inevitable; some said it was impossible, but we’ve forced NYRI to drop its original plan to run its towering power line along the Delaware River.

It’s no longer an option they are considering, even as an “alternate.” This is a big deal. Thousands of people gave their time, money and political chits to kick NYRI off the river.

Victories of this kind are not inevitable, so we owe ourselves, our neighbors, our supporting organizations and our government representatives many thanks.

But our work may not be done, and our area may still be vulnerable. NYRI still plans to gird the state with giant power towers.

Until NYRI’s revised proposal lands at the NY Public Service Commission we won’t know what the company’s project will mean for Hancock and for all the other towns and property holders affected.

Troy at the UDPC forwarded this article to me today:

The first part is by at the Times Herald-Record — February 04, 2008.

The second part is an interview with NYRI’s president. You may also want to read the GAO’s recent report on HVDC transmission lines.

NEW YORK — The massive power line that could slice through our region has been forced to consider new routes along the New York State Thruway and the Marcy-South power line.

The proposed 190-mile-long New York Regional Interconnect will not, as many feared, cut through the scenic, environmentally sensitive Delaware River corridor.

But don’t bet on NYRI replacing its 10-story tall towers with underground lines.

These were among the issues covered by NYRI’s president, Chris Thompson, last week in an interview with the Times Herald-Record.

The Colorado resident is an engineer and senior vice president of power plant builder American Consumer Industries, which is backing the $1.6 billion NYRI project.

The interview comes weeks before NYRI submits its revised application to the state Public Service Commission.

Q. Why did you choose the original route, which stretches from Utica to New Windsor and cuts through Orange and Sullivan counties?

A. It was based on rights of way of existing railroad lines to utilize existing utility corridors and minimize impact.

Q. Why are you now mentioning the Thruway and Marcy-South among alternative routes?

A. The Public Service Commission said we had not studied enough alternatives. Two of the areas we were directed to look at were the Thruway and Marcy-South.

Q. What will be the final route?

A. We are absolutely leaving it up to the PSC to determine it. One may be preferable for the environment. Another may be least intrusive to landowners. Another could be preferable for capital costs.

Q. What are the positives or negatives of specific routes?

A. We don’t want to comment. It will be in the submission.

Q. Will the route still cut through the western Orange County Village of Otisville?

A. A number of options don’t do that.

Q. How about the Delaware River corridor?

A. That’s not a viable plan. Here’s this pristine area where everyone goes hiking and camping. We’re not going through there.

Q. What are your criteria in choosing your route?

A. We’re most interested in going from point A (Utica, where there’s a power substation) to point B (New Windsor, the Rock Tavern power substation). The exact route doesn’t change that.

Q. How about going underground?

A. That would have reduced visual impact, but it would have dramatic economic impact. If it needed repair, it could take weeks as opposed to hours.

Q. How do you view the immense criticism the power line has generated?

A. Most of it isn’t opposed to the project, just the specific route, you know . . . NIMBY. But at the end of the day, someone will be unhappy. The PSC will weigh the best interests.

Q. What about using eminent domain (now prohibited by a state law)?

A. We’re not proposing to take people’s homes.

Q. What do you expect the project to accomplish?

A. We have low-cost power upstate that can’t reach downstate, where new power is very expensive. This would also allow new renewable energy projects to be built upstate and bring power downstate and reduce wholesale electrical pricing throughout the state.

Q. Would you want to live in the shadow of a power line?

A. Obviously not. But the founding fathers recognized the need of a few to sacrifice for the majority. And if it’s needed, we will pay above fair market value for a right of way.

January 19, 2008

11 enviro orgs sue FERC over transmission corridor

Filed under: use search words — magcut @ 2:55 pm

Reported by:

By Tom Venesky tvenesky@timesleader.com

Eleven environmental organizations, led by the National Wildlife Federation, filed suit against the federal Department of Energy on Monday claiming the National Transmission Corridor is invalid and violates the Endangered Species Act.

The suit was filed in U.S. District Court in Scranton by the National Wildlife Federation, Sierra Club and several other regional and national environmental organizations. The transmission corridors give the Federal Energy Regulatory Commission authority on the placement of new power line proposals. In addition, a federal permit could allow the permit holder to exercise the right of eminent domain to acquire property rights to build a transmission project.

Traditionally, the Pennsylvania Public Utility Commission has given final approval for locating new transmission lines, but such decisions can be appealed to the Federal Energy Regulatory Commission if the state denies approval.

The Department of Energy in October approved the designation , which includes all of Luzerne County. Monday’s lawsuit lists several reasons why the designation should be ruled invalid, including: failure to confer with the Endangered Species Act, and failure to conduct an environmental impact study. The suit also maintains the extension of the corridor boundaries beyond congested areas will lead to urban sprawl.

The plaintiffs also allege the designation will place lands with historic and environmental significance at risk, along with farmland that has been preserved via conservation easements.

The interested parties report:

Sierra Club, National Parks Conservation Association, Environmental Advocates of New York, Clean Air Council, Pennsylvania Land Trust Association, Civil War Preservation Trust, Catskill Mountainkeeper, Brandywine Conservancy and Natural Lands Trust. Find out the many reasons these groups oppose NIETC designation — read the joint press release or read the complaint. In addition, the Center for Biological Diversity has filed a similar lawsuit in the Central District of California challenging the Energy Department’s designation of the Southwest National Interest Electric Transmission Corridor.

  1. DOE designated the corridor without consulting with the U.S. Fish and Wildlife Service as required by the Endangered Species Act.
  2. DOE designated the corridor without preparing an Environmental Impact Statement.
  3. DOE violated the requirements of the Energy Policy Act of 2005 in the following ways:

    a) the Order defined corridor boundaries which extend far beyond the areas where transmission congestion or capacity constraints are alleged to occur,

    b) the “Congestion Study” upon which corridor designation is purportedly based was procedurally flawed because DOE failed to consult with the affected states before finalizing it; and

    c) in the Order DOE failed to consider non-transmission or other alternatives.

  4. DOE designated the corridor without taking into account the potential effects on historic properties or engaging in the consultations mandated by Section 106 of the National Historic Preservation Act.

bulletin

Filed under: use search words — magcut @ 2:50 pm

NYRI has announced that it plans to submit ts revised application to the NYPSC sometime in February.   Get ready to rumble…

December 18, 2007

NYRI will quit if denied eminent domain rights.

Filed under: use search words — magcut @ 5:20 pm

adapted from article by McGuire Evening Sun Staff Writer
Published: December 17th, 2007

NORWICH – According to a U.S. District Court affidavit filed in October, Chris Thompson, president of NYRI, claims the Canadian-backed firm can’t afford to build its $1.6 billion power line without the authority to condemn private property, and would sooner forfeit the $11 million it has already spent developing it.

NYRI representatives said that if the state won’t give it such authority it might seek eminent domain rights from the federal government now that New York state is part of a “National Interest Electric Transmission Corridor.”

The Canadian-backed firm has filed a petition with the state Public Service Commission asking that it clarify if the anti-eminent domain law Pataki signed is constitutional and applies to NYRI.The petition contains a host of legal arguments and case evidence supporting NYRI’s claim that the law is invalid. Politicians who crafted the law, like Senators Tom Libous (R-Binghamton) and Jim Seward (R-Oneonta) have defended it, saying they believe it will hold up in a court or at the PSC.

It has already survived one court challenge, last February.

NYRI has yet to file a complete power line permit application, known as the Article VII, and says it likely won’t until it knows whether or not it can use eminent domain.

October 18, 2007

Time to Tell Your Friends

Filed under: use search words — magcut @ 1:40 pm

The NIETC corridor recently designated by the federal government is VERY LARGE. It will affect many people outside of your immediate area. Friends, relatives legislators who are not aware of being immediately affected by the push for giant overhead transmission lines have reason to start paying attention and opposing the trend on their own behalf as well as yours. To help them understand that this is more than your own personal local fight, you can send them here for a start:

Mid-Atlantic Concerned Citizens Energy Coalition.

The MACCEC tent includes seven states: Delaware, Maryland, NY, Pennsylvania, Virginia and West Virginia. All but Delaware have sent reps. The group is a centralized clearing-house for ideas and news from citizens groups in these states — not a formal non-profit.

Participants recommended three actions in response to the NIETC designations:

1. Anyone who submitted written testimony to the DOE should file a request for a rehearing.

Why? Buy time and lay groundwork for possible legal action in the future.

If you do it, please base your request on the same argument you used when you sent in written testimony. Deadline is Nov. 2. 2.

This is from the DOE web page:http://nietc.anl.gov/rehearing/index.cfm

III. Application for Rehearing

Any application for rehearing must be either:

  1. mailed or hand-delivered to the Office of Electricity Delivery and Energy Reliability, OE-20, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585; or

  2. faxed to 202-586-8008.

Applications for rehearing of the order in Docket No. 2007-OE-01 must be marked “Attn: Docket No. 2007-OE-01.” Applications for rehearing of the order in Docket No. 2007-OE-02 must be marked “Attn: Docket No. 2007-OE-02.” Applications for rehearing must be received by 5:00 p.m., Eastern time, November 5, 2007. The Department will not accept responses to requests for rehearing. Note: Delivery of U.S. Postal Service mail to DOE continues to be delayed by several weeks due to security screening; therefore, applicants who choose to mail their rehearing applications are encouraged to use express mail.

2. Next step? A court appeal and challenge by our states. FAX/call/write Spitzer and Cuomo and get them to commit to challenging the federal over-reachers.

3. Continue to lobby federal representatives to amend or change 2005 EPACT as well.

October 16, 2007

The past month or so in brief

Filed under: use search words — magcut @ 10:23 pm

You’ll find more about these stories below. . .

1. The NYISO (Independent Service Providers) released a study saying that New York State has enough energy to run and expand into the year 2015. You’d think that would mean that NYRI isn’t “needed,” as it is required to prove it is; but you’d be mistaken. When the federal government evaluates energy “congestion,” they don’t just mean that the supply can’t meet demand. They mean that they don’t think the flow of energy supply to demand (source-to-sink) is as good as it should be. In other words, they mean price congestion, not energy congestion.

2. With that in mind, the Federal Energy Resources Commission (FERC) diagnosed a large area in the “Mid-Atlantic” U.S. as “congested” and designated it (us) as a NIETC (National Interest Electrical Transmission Coridor — i.e. an area in which they potentially have power of eminent domain, thanks to the Energy Policy Act of 2005 [EPACT ‘05] if states don’t solve congestion problems on their own).

3. Several efforts to block the eminent domain provisions of EPACT ‘05 having so far failed, two more are currently in the works.

a) Schumer and Clinton have a bill (S. 1972), now in committee, that would lessen the ease with which the federal government could usurp states’ rights in siting power lines. Here’s a summary, and here’s the full text. (If it won’t open, right click it and choose “open in new window.”)

b) Maurice Hinchey, who has been fighting doggedly on our behalf has a new proposal, signed by 30 congresspeople, asking the Department of Energy (DOE) to study the feasibility of alternatives to giant transmission lines.

4. NYRI will soon release its new proposal in hopes of having its application accepted by the NYPublic Service Commission (NYPSC). Once it is, the clock will start ticking, and we will have as little as a year to make our case against NYRI.

Opposition continues pretty much as before:

www.nyri.info and www.udpc.net are the most dedicated, best organized most up-to-date and most active.

www.caricoalition.org — the state-wide legal fund — still needs our support.

www.sayno2nyri.com covers Orange County

www.stopnyri.com — “What You Can Do Today” is still active, but won’t begin posting again until after NYRI’s new proposal has been received by the NYPSC

For those who prefer our scrolling and searchable format, www.stopthepowerlines.com is still doing updates.

Numerous legislators have offered support, and several have taken action. Check with your local or preferred organization to strategize how to support/pressure them.

October 12, 2007

Dear DOE: Please change your spots…

Filed under: actions routewide — magcut @ 9:20 pm

Here’s a press release from Maurice Hinchey’s office, dated October 12th 2007:
Thirty Members of Congress Sign Letter to Dept. of Energy
Seeking Study of Alternatives to Building High Voltage Transmission Lines

Washington, D.C. – Congressman Maurice Hinchey (D-NY) and Congressman Frank Wolf (R-VA) today released a letter signed by 30 members of Congress, including six U.S. senators, asking the Department of Energy (DOE) to immediately initiate a study incorporating the most modern technology available to transmit power instead of building huge high voltage transmission lines that destroy landscapes, split communities and neighborhoods, and threaten historic and natural resources.

The letter comes after DOE’s recent designation of two National Interest Electric Transmission Corridors, which many believe will just pave the way for utility companies and regional transmission operators to build more lines instead of exploring alternatives.

“We understand that the Department of Energy has already been investing in research and development of new technology to help upgrade America’s energy infrastructure and reduce energy demand,” the letter said.  “This is a prime opportunity to put those efforts to work through a study examining possible savings associated with demand side management programs, smart grid technology or higher conductivity lines, among other options.  Such a study also could provide possible rate restructuring options as well as demand side management targets to assist states, utilities and public regulatory boards considering new transmission infrastructure plans.”

Michael McGuire, Sun Staff Writer mmmcguire@eveningsun.com  wrote:

The six senators who signed the letter are: John Warner (R-VA), Jim Webb (D-VA), Arlen Specter (R-PA), Robert Casey (D-PA), Joe Biden (D-DE), Thomas Carper (D-DE).

The 24 representatives who signed the letter are:  Hinchey (D-NY), John Hall (D-NY), Michael A. Arcuri (D-NY), John McHugh (R-NY), Wolf (R-VA), Tom Davis (R-VA), Jim Moran (D-VA), Don Payne (D-NJ), Chris Smith (R-NJ), Albio Sires (D-NJ), Scott Garrett (R-NJ), Rush Holt (D-NJ), Rodney Frelinghuysen (D-NJ), Jim Saxton (R-NJ), Todd Platts (R-PA), Chaka Fattah (D-PA), John Murtha (D-PA), Chris Carney (D-PA), Allyson Schwartz (D-PA), Jim Gerlach (R-PA), Paul Kanjorski (D-PA), Michael Castle (R-DE), Susan Davis (D-CA) and Raul Grijalva (D-AZ).

October 4, 2007

our side’s united response to NIETC designation

Filed under: use search words — magcut @ 8:45 pm

October 2, 2007

DOE Designation: Not A Green Light for NYRI Project

On October 2 the Department Of Energy (DOE) designated both the Southwest and the Mid-Atlantic Area’s as official National Interest Electric Transmission Corridors. These designations would remain in place for 12 years.

Citizen groups from along New York Regional Interconnects (NYRI) proposed 200-mile power line project are united in their opposition to the federal Department of Energy’s NIETC designations. Opposing NYRI and the creation of NIET Corridors are the Upper Delaware Preservation Coalition, SayNo2NYRI, Inc., the Upstate New York Citizens Alliance and STOP NYRI, Inc. The corridor includes 47 of New York’s 62 counties or a total of 76% of the property in New York State.

By creating NIET Corridors the federal government will be able to:

• Usurp states’ rights to regulate what goes on within their boundaries;

• Take your property by Eminent Domain;

• Undermine economic development efforts in Upstate New York;

• Destroy recreational, cultural and historic sites throughout the State of New York;

• Subvert New York State’s progressive energy policies that include conservation, demand side management and the location of generation facilities in areas of growing demand.

States within the corridors, including NY, PA & VA, are fighting the designations because the DOE defines congestion much differently than most State run energy regulators do. Recently, the New York Independent Systems Operator’s biannual system reliability report was released declaring that new transmission projects such as NYRI were not needed in New York State for r the next 10 years. This is a direct contradiction to the NIETC designations.


Together with other members of the CARI coalition, our citizen groups will bring legal action to challenge the designations and protect our homes and businesses from the use of federal eminent domain by private for profit companies like NYRI. We call upon Governor Spitzer and Attorney General Cuomo to join with us in these legal battles to protect the rights of New Yorkers against the incursion of federally imposed projects and to protect the right of the State to determine its own energy policy.

Submitted by: Billy Howard

Upstate NY Citizens Alliance

Cassville NY 13318

October 2, 2007

set your clocks

Filed under: use search words — magcut @ 7:18 pm

Well, it’s official. We are now in a NIETC for the next 12 years, unless we can, by some miracle, get the law declared unconstitutional. (See press release below.)

If the state doesn’t solve the price “congestion” problems as defined by the DOE (supply vs demand) within a year, the feds can force the state to take steps they think will solve the problem. If there is another way to solve the price congestion problem in the allotted time-frame, I haven’t heard it.

See, the issue for the DOE isn’t only whether there will be enough electricity (because there IS enough). The issue for them is how it is priced. They are very keen to pump “cheap” energy in from elsewhere towards the downstate urban nexus.

Most likely the state won’t wait for the federal government to force NYRI through. It will probably site the line for them, if only to maintain some minimal control over the specifics of siting issues and other related local concerns.  These specifics can in many cases be significant and have a huge impact on people’s lives and livlihoods.  There’s still a chance that we can keep it off the river and out of the centers of many towns.  

So, whatever you do, don’t support Giuliani’s presidential bid. He’s in tight with NYRI, and if he wins, they’ve got the ticket, AND the ride. NYRI will re-submit its proposal again soon, and  I predict that you will once again see it use similar language to the DOE’s about what is needed and what they propose. It will be interesting.

We are past the point where we can declare a clean win, but there are many degrees of losing, and I hope you all start pep-talking yourselves into getting excited about how well we can do in defending our lands, our rights, our vision of the future and the impact of citizen power.

Stay tuned. Check out nyri.info and the udpc’s web sites and see if there’s anything there you can get involved with. It’s good to know when to fold ‘em, but the time for that has not yet come.    

For Immediate Release
October 2, 2007

 

 

DOE Designates Southwest Area and Mid-Atlantic Area National Interest Electric Transmission Corridors

WASHINGTON, DC – U.S. Department of Energy (DOE) Assistant Secretary for Electricity Delivery and Energy Reliability Kevin M. Kolevar today announced the Department’s designation of two National Interest Electric Transmission Corridors (National Corridors) — the Mid-Atlantic Area National Interest Electric Transmission Corridor, and the Southwest Area National Interest Electric Transmission Corridor. These corridors include areas in two of the Nation’s most populous regions with growing electricity congestion problems. The Department based its designations on data and analysis showing that persistent transmission congestion exists in these two areas.

In issuing these designations, DOE is carrying out its responsibilities under Federal Power Act section 216, as enacted in the Energy Policy Act of 2005 (EPAct). That law authorized the Secretary of Energy to conduct periodic national electric transmission congestion studies (Congestion Study), and to designate National Corridors if the Secretary determines appropriate.

“These National Corridors serve as an important indication by the federal government that significant transmission constraint or congestion problems exist,” Secretary of Energy Samuel W. Bodman said. “The goal is simple – to keep reliable supplies of electric energy flowing to all Americans. By designating these National Corridors, we are encouraging stakeholders in these regions to identify solutions and take prompt action.”

The National Corridors are comprised of two geographic areas where consumers are adversely affected by transmission capacity constraints or congestion. DOE has made each National Corridor designation effective for twelve years. The Mid-Atlantic Area National Corridor includes certain counties in Ohio, West Virginia, Pennsylvania, New York, Maryland, Virginia, and all of New Jersey, Delaware, and the District of Columbia. The Southwest Area National Corridor includes certain counties in California and Arizona.

The Mid-Atlantic Area National Corridor remains unchanged from the draft National Corridor that the Department published in May of this year; the Southwest Area National Corridor also is the same, except that it no longer includes Clark County, Nevada (see attached maps). After evaluating comments on the draft National Corridors, Clark County, Nevada, was omitted from the designation of the final Southwest Area National Corridor because the county is not a major source of potential generation for the area in the Southwest experiencing critical congestion, nor is it an area with a transmission constraint that would separate the critical area from an identified potential generation source.

The boundaries of the National Corridors extend beyond the immediate areas experiencing electric transmission congestion and also include areas of the country with a wide range of potential sources of electricity generation. State authorities will continue to have primary responsibility for deciding how to resolve transmission congestion problems, evaluating transmission projects, and the siting of transmission facilities.

“Designation of National Corridors confirms that we must tackle our nation’s energy issues on multiple fronts, with multiple pathways,” Assistant Secretary Kolevar said. “To help meet growing demand for electricity with the affordability and reliability we’re all accustomed to, now, more than ever, we must look at electricity generation from a regional and national perspective. Not only must we continue to increase energy efficiency wherever possible and maximize each State’s resources, we must also maintain a consistent supply of electricity because it is integral to our livelihood and our economy as well as our national security.”

After issuing the draft National Corridors earlier this year, DOE consulted extensively with state and local agencies, regional entities, and the public. The Department also opened a 60-day public comment period, held over 60 hours of public meetings across the country, and received and evaluated over 2,000 public comments. The Department’s Report and Order being issued today that designates the two National Corridors discusses and responds to those comments.

Today’s designation builds on DOE’s Congestion Study, issued in August of 2006, which provided analysis of generation and transmission capacity across the U.S. and identified critical areas that need attention to meet growing demand. The most severely congested areas – “Critical Congestion Areas” – were the Southwest and Mid-Atlantic regions, which were identified as having critical congestion problems that have adverse effects on consumers and local economies. However, today’s designations do not direct the construction of any new transmission facilities, they do not decide whether or where any new electric transmission facilities should be built, and they do not approve or disapprove the construction of any particular proposed new facilities.

The Energy Policy Act of 2005 authorizes the Federal Energy Regulatory Commission (FERC) to issue, under certain circumstances, permits for new transmission facilities within a National Corridor. Generally, if an applicant does not receive approval from a State to site a proposed new transmission project within a National Corridor within a year, FERC may consider whether to issue a permit and to authorize construction of the project.

In 2006, FERC issued regulations that stipulate that only those transmission projects within a National Corridor that would significantly reduce congestion into or within the congestion area would be eligible for a FERC permit. FERC also does not have the ability to authorize or order construction of transmission lines over State or federal property within the National Corridors without the consent of the relevant land management agency.

The two new National Corridors will focus attention on the need for action to keep pace with the changing needs of American consumers, and will advance the President’s goal of ensuring a reliable supply of electric energy for all Americans. In addition to this designation, DOE pursues and encourages a number of solutions for meeting future electricity demand, including: implementing energy efficiency measures across the country; developing and encouraging the increased use of clean, renewable energy technologies; developing more local generation; and researching, developing and deploying technologies that optimize operation of the electricity grid.

DOE’s designation of the two National Corridors announced today will be effective on the publication of today’s Report and Order in the Federal Register. Learn more about FERC’s transmission siting policy.

View what will be published in the Federal Register and learn additional information on National Corridors.

Mid Atlantic Corridor Map

Southwest Area Corridor Map

U.S. Department of Energy, Office of Public Affairs, Washington, D.C.

September 21, 2007

great news

Filed under: use search words — magcut @ 2:14 pm

Sept. 21, 2007
For Immediate release:
New York System Operators Agree: No Need for NYRI
Project
The recently released New York Independent Systems
Operator (NYISO) 2007 Comprehensive Reliability Plan
(CRP) states that New York State need not implement
“regulated back-stop solutions” or “alternative
regulated solutions”, such as the New York Regional
Interconnect project, to meet the state’s energy need
within the next ten years. The NYISO report concludes
that with existing market based system reliability
solutions such as generation, transmission and demand
side management in place, New York’s electrical grid
will receive over 1,000 MWs in excess of the minimum
requirements needed. The CRP covers a ten-year
planning horizon through 2016.

STOP NYRI Co - Chair Chris Rossi agrees. “The NYISO
report confirms what we already understood: The NYRI
project was not created to meet the electrical needs
of NYS consumers and businesses. Its’ chief purpose
was to generate profits for Canadian shareholders. The
NYISO report is one more solid reason for NY State to
say no to NYRI.”
Stop NYRI is a diverse and growing coalition of
citizens from Madison and Chenango counties. We are
committed to fighting the New York Regional
Interconnect, Inc. 400,000 volt power line project.
Our goal is to educate and inform our citizens as well
as state and local officials about the numerous
negative impacts of this project. Our intent is to
take all legal and political action necessary to STOP
NYRI. Visit www.nyri.info for more information.

Submitted by:
Chris Rossi
STOP NYRI
Hubbardsville, NY

September 9, 2007

The Schumer/Clinton Bill, S. 1972

Filed under: use search words — magcut @ 6:58 pm

Troy Bystrum’s  report:
Earlier this month Senator Schumer introduced Senate bill 1972 which modifies the current statute as follows:

1) It extends the unworkably short period of state oversight from 12 months to 24 months - FERC’s backstop siting authority could not be invoked until two years after an application had been filed, and

2) FERC would be barred from approving a project which a state commission had previously denied.

There is an exception to the latter provision, in that applicants will still have an appeal process.  However, under the provisions of this bill that appeal would rightly have to be based upon the merit of the decision rendered.  As the law stands today, applicants could appeal to FERC if they simply didn’t like the state decision, regardless of how well founded.

In combination, these provisions would restore some real controls at the state level and undo the outrageous regulatory revisions which were enacted in 2005. This bill deserves support.

At present, Bill 1972 is in committee with the Senate Committee on Energy and Natural Resources. There are no senators from Pennsylvania, Delaware, Maryland or New York on this committee, although Menendez from New Jersey sits on the committee. We would still urge you to contact your senators about discussing the importance of this bill with their colleagues on this committee and throughout the Senate.

August 15, 2007

THE SITE IS UP AGAIN!!

Filed under: use search words — bayat @ 8:33 pm

As administrator I had to update the site software because of some software intrusion. It is now fully functioning.

Beat

June 12, 2007

URGENT ACTION ALERT UPDATE

Filed under: use search words — KSoze @ 10:34 am

There was some confusion over the pending vote in congress on Wednesday June 13th.

HR 829 is not up for a vote. Please do not send the sample letter that was up yesterday (since deleted).

What is up for a vote is the Hinchey/Wolf limitation amendment to the Energy and water Appropriations bill. This amendment was struck down in committee, but now that the appropriations bill will be going before the entire congress, we have one more chance to get this amendment tagged on. This amendment would eliminate funding (at least for FY 2008) for the NIETC program.

We want to urge support of Congressman around the country to support this amendment.
A sample letter can be found here on the PEC web site (our friends from Virginia, also fighting against the NIETC). It includes an easy to use web form for sending letters.

Urge support for the Hinchey/ Wolf Amendment to the Energy and Water Appropriations Bill. Contact friends and family around the country to contact their local representatives. Support from the NY City area would be especially helpful.(You could also send a copy to the congressional leaders, Nancy Pelosi and Steny Hoyer). You can find contact info for congresspersons here.

Sample letter:
Dear [ Decision Maker ],
I write to you today to ask that you support the Wolf-Hinchey amendment on National Interest Electric Transmission Corridors (NIETC). DOE has issued two draft corridors which encompass 11 states, over 80 Congressional Districts, over 210 counties, and affect nearly 75 million taxpayers (approximately 25% of US population). The amendment withholds funding for one year from the Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC) to designate a NIETC.

I am concerned that DOE’s corridor designations could bias transmission over other solutions such as demand-side management and energy efficiency plans adopted by many states across the county. I am also concerned that state and local treasures such as parks and wildlife areas are at risk of federal condemnation for transmission lines.

The Hinchey amendment provides a one-year moratorium so that Congress, as well as local and state governments can study and understand the impact of these designations on communities, state energy plans, and natural and historic resources. Individuals, state and local authorities need adequate time to analyze know how these corridor designations impact Americans

Sincerely,
[Your name]
[Your address]

Please send by Fax Today!

June 11, 2007

Half Empty or Half full?

Filed under: use search words — KSoze @ 2:43 pm

The announcement of the proposed NIETC by the Dept. of Energy has sparked a debate among citizens active in fighting NYRI. Here are excerpts from a debate between two active NYRI opponents.

Meet Cy who says “I’m not a cynic, I’m a realist” and
Rosie who says “I’m not a dreamer, I’m just cautiously optimistic”

We begin discussing the DOE public hearings…

Cy: The DOE hearings are a complete charade. The DOE has no interest in listening to the concerns of the citizenry. What good could it possibly do to talk at them for 2 minutes in person, when it is so clear that they have decided long ago to fulfill their mission of grating all the wishes of the Energy Industry? Complaining directly to the DOE is an exercise in futility.

Rosie: As far as complaining to the DOE, you may be right that they don’t want to hear us, but they are going to hear from us anyway. We need to make noise about this and that is why we also staged a protest outside of the hearings. Our goal is to bring the issue of the NIETC to the public’s attention and what we say outside of the hearings may be more important than what we say inside the hearings.

Cy: The vast size of the “Corridors” shows that the Feds are willing to support any project, almost anywhere. This bold move shows that they plan to give companies like NYRI free reign by squashing local and state opposition.

Rosie: The giant size of the “corridors” may actually be a blessing in disguise. Instead of just a few of us Upstate hicks complaining, we should now be able to get support for our cause from a much broader area. This is a national issue now.

Cy: If we can agree that the whole point of the NIETC is to squash local opposition, then isn’t complaining to DOE counterproductive. The more we complain, the more they realize how important it is to squash us. It’s a bit of a catch 22.

Rosie: Ouch, You can’t get any more cynical than that. We must fight the NIETC because there may be no other way to stop NYRI without eliminating it. We have bipartisan support for the 3 bills in congress that will eliminate or modify sect 1221 of the EPACT to take away this threat. Congress held hearings on the issue to bring this to the attention of the nation.

Cy: Yeah, and the very next day DOE ignored them and came out with the corridors

Rosie: Support is growing. Just last month Congressman Murtha from PA joined as cosponsor of the bill.

Cy: And of course we still don’t have a companion bill in the Senate. Clinton is silent and Schumer wants to make sure we have a convenient location to exercise our right to complain to the DOE while they stand back and watch.

Rosie: I’m not defending them, but the legislative process takes time.

Cy: The time for action is now. And even if we get a bill passed, what are the chances of getting it signed by Bush/Cheney?

Rosie: It is possible that we could get this tagged on to a bill that Bush would want to sign, or have to sign. Hinchey and others are also trying to stop the NIETC declarations by eliminating the funding for the program.

Cy: News flash: Hinchey’s idea to cut off funding was brilliant, but it failed to pass a vote in the appropriations committee. Even with Hinchey as a committee member, and the Committee Chair vocally promoting the amendment, it still failed. This might be a signal that our “national strategy” is doomed to failure.

Rosie: We will still have a chance to bring the amendment before the whole congress when it comes up for a vote later this week. I, for one, am happy that Hinchey and others are working on multiple strategies to kill this thing. We need to keep trying anything we can to get this changed.

For now, we need to keep the pressure on and get this issue out in the public light. I think that most people agree that the federal government should not be able to use eminent domain to steal our homes even after a State Commission denies a project for good cause.

Cy: As a libertarian I love the State’s rights defense, but how effective is that argument in the real world. Don’t forget that this law was pushed through by the so-called-conservatives who supposedly believe in limited government and State’s rights. It seems that State’s rights are always used as an argument of convenience by both sides of the political spectrum when it suits their position of the day.

Rosie: OK let’s not argue political theories. The fight against NYRI is non-partisan and has support from an incredibly broad base of people. The same is true in the fight against the Federal overreach in declaring the NIETC. We need everyone to stick together to fight NYRI on every battle front.

Cy: I may be a cynic, but I’m not a quitter. I plan to fight this thing every step of the way. But it is hard not to be cynical when you see the power of the Federal government being used to promote the agenda of companies like NYRI, while ignoring the genuine needs of the citizens.

Rosie: No one ever said this fight would be easy. We all knew from day 1 that the deck was stacked against us, but it is way too soon to give up hope. We will have our day in court, and maybe we can delay the process long enough that a new administration with a new, sensible energy policy could change everything.

I try to remain cautiously optimistic.

To be continued….

June 6, 2007

bad day

Filed under: use search words — magcut @ 8:02 pm

Bad News:

The Hinchey bill reigning in the DOE’s NIETC powers was killed. An “Article X” compromise — which would have allowed more alternatives to NYRI to become viable fell apart.

From: “Move to undercut NYRI-friendly program fails” By Brendan Scott at the Times Herald Record

Washington – By a vote of 30-35, the powerful U.S. House Appropriations Committee rejected an amendment spearheaded by Rep. Maurice Hinchey that would have effectively stalled the National Interest Electric Transmission Corridor program for a year. Hinchey was pushing the amendment to a $32 billion energy spending bill.

The 2005 program would allow power line developers within two special corridors in the Northeast and Southwest to appeal to the federal government for approval if state regulators say no.

Hinchey, a member of the appropriations committee, argued the program overstepped federal authority.

“We need to stop it,” said Hinchey, D-Hurley. “We can stop it here … by saying that no money can be spent to trample on state rights and that no money can be spent to impede people’s private personal property rights.”

Several other members, including Appropriations Committee Chairman David Obey, D-Wis., rose to support the amendment. But they were rebuked by three lawmakers, including Rep. José Serrano, a South Bronx Democrat…

Serrano said, “This may be one of those classic occasions where you say…“‘For the larger good I may have to give up a little so that other folks may get a lot.’”

After the amendment failed, Hinchey vowed to continue the fight.

——————————————-
Hinchey’s is holding a public hearing this Saturday in Huntington Lake — see below

Tuesday, June 5, 2007
Albany legislators failed to reach agreement on a replacement for Article X –the law that, before it expired in 2003, made it easier for NY State to site power plants. The difficulty siting power plants downstate is one of the main reasons NYRI gives to explain why its transmission line is needed.

Wrote Yancey Roy (yroy@gannett.com):

Senate Republicans insisted the new law be “technology neutral ” - any power source could qualify as long as it meets existing pollution standards.
Democrats who control the Assembly say they don’t want to include nuclear power because the federal-approval process for such plants effectively supersedes the state rules. They also want to strictly limit what type of coal plant - so-called “clean coal technology” - qualifies.

Assembly Energy Committee Chairman Paul Tonko, D-Amsterdam, Montgomery County and his counterpart, Sen. James Wright, R-Watertown, Jefferson County couldn’t resolve the conflict, although Gov. Eliot Spitzer — who wants to reduce energy consumption 15% and allow so-called “clean coal” had hoped that they could.

More news for this week below…

Bus to DOE hearing from Hancock NY

Filed under: use search words — magcut @ 5:46 pm

This is a FYI that you are free to pass on to any individual or group
interested in attending the DOE hearing in Rochester, NY on Tuesday June
12, 2007.

The Family Foundation School is underwriting the cost of a charter bus to
the hearing. Here are the particulars:

The bus will depart from the rear of the McDonald’s parking lot in Hancock,
NY at 8:00am.

ETA at the RIT Inn and Conference Center is 12:00 noon. This should give
people time to grab lunch prior to the 1:00pm opening remarks by the DOE.

The bus will leave Rochester at 4:00pm hopefully giving anyone who wants to
make a public statement before the DOE an opportunity to speak.

ETA returning to Hancock, NY is between 8:00-9:00 depending on whether the
bus makes a dinner stop.

Anyone interested in signing up should call Jim Rodgers at (845) 887-5213
ext.270 or e-mail at jrodgers@thefamilyschool.com

(If you don’t want to take the bus — here are the details:
Meeting in Rochester Details
The DOE holds and meeting Tuesday, June 12
at Rochester Institute of Technology Inn and
Conference Center.

Registration will begin at noon and the energy
department will give an overview presentation
from 1 p.m. to 1:30 p.m.

Testimony will be taken until 7 p.m.

Oneida County is attempting to charter
transportation for residents who wish to attend.

Testify From Your Computer
submit comments online at http://nietc.anl.gov/involve/comments/index.cfm or via letter, address to:
The Office of Electricity Delivery and Energy Reliability,
OE-20, Attn: Docket No. 2007-OE-01,
U.S. department of Energy,
1000 Independence Ave. SW,
Washington, D.C. 20585.

Make sure to include “Docket No. 2007-OE-01” on all correspondance — written or electronic

June 4, 2007

DONATE TO CARI’S LEGAL EFFORT

Filed under: use search words — magcut @ 8:43 pm

One of the most important things you can do is to urge your county and state representatives to continue support CARI’s legal efforts.

You can also make direct donations.

To find out how, click on Page #2 in the “HOW TO” section on your right, or on this link!

where are we, now, exactly?

Filed under: use search words — magcut @ 8:26 pm

We have been invaded by spammers and need to do an upgrade to increase security. I have temporarily eliminated the contact form and canceled commenting privileges for registrants.

If you want to post and have trouble getting in, you probably know how to reach me, so do.

Meanwhile, there are some excellent posts and links at NYCO’s blog.

For example:

(1) a summary of the Chenango Greens’ critique of, well, the entire world’s political and economic system, which we will obviously not be able to change in time to stop NYRI.

(2) And a more optimistic strategy proposal by David Smith that aims to work with the world as it is rather than to try to change it. Smith hopes to stall the perceived “need” for NYRI by getting more energy to NYC. This won’t solve the problems of EPACT and the NIETC, but it might buy time, so that political and technological changes have a chance to expose NYRI’s proposal as utterly obsolete — even to those enamored of large, centralized, multinational, “solutions” to local energy problems.

Several bloggers mention that they view protest at this stage as futile.

I continue to urge you to write your state and county representatives to urge them to continue funding for CARI. It is much more important than protesting at this stage, IMHO.

Even though the PSC’s authority has been potentially undermined by the DOE, legal procedings regarding NYRI’s revised application will carry weight, and we will continue to need good lawyers no matter what happens next.

As D. Smith notes, if the constraints and price congestion that worries the DOE can be realisitically and profitably diminished without NYRI, all agencies will be open to considering those alternatives. These alternatives will have to be presented within the PSC legal review framework, which, as the Chenango Greens keep pointing out, is rigged in favor of Big Energy. But a handicap doesn’t guarantee a loss, and I view defeatism as a dangerous premise with which to proceed, however “realistic” it sounds. Long shots have been known to win races — but only if they run as hard as they can instead of brooding about their disadvantages.

If we fail there, we will surely want to challenge the constitutionality of EPACT 2005 and that will also require a savvy legal team.

Either way, we need to support CARI’s legal team.

You can donate to CARI directly through the Mohawk Vally EDGE. I will post the details of how to do this separately under “DONATE TO CARI.” If it doesn’t show up at the top of the queue, you can search for it and pull it up.

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