NORWICH – The New York State Public Service Commission called the circumstances surrounding the New York Regional Interconnect Inc. power line case “extraordinary” and “unusual,” in a ruling issued by the agency Monday.
However, the state’s transmission siting authority also referred to recent arguments provided by several of the NYRI opposition groups as “repetitive,” warning that a pattern of recycled evidence in the future could cause the review process to become expensive and inefficient.
NYRI is an Albany-based developer proposing to construct a 190 mile-long, 1,200 megawatt power line from Oneida to Orange County, in what company officials say is an effort to alleviate downstate electricity constraints. The line would traverse 44 miles of Chenango County.
“Our initial review of the opposition responses to the NYRI waiver motion shows substantial overlap and repetition of the same substantive points,” the ruling states. “We urge the parties to take note that the strength or the merit of an argument is not often fortified by its mere repetition.”
The PSC further warned that extended hold-up could direct the fate of the $1.6 billion dollar project into the hands of the federal government, following the U.S. Department of Energy listing southern and metropolitan New York as “critically congested” areas in regards to electricity availability.
“Should this case get dragged out by interminable motions or otherwise,” the ruling states, referring to the possibility of New York state now being federally designated a National Interest Electricity Transmission Corridor, “the decisions regarding the best interests of New York State may simply be made in Washington, D.C.” If ruled a corridor, the Federal Energy Regulatory Commission could over-step state authority and decide the outcome of NYRI’s project.
The PSC suggests that parties coordinate their efforts to alleviate overlap, but does not consider such action to be an obligation.
“If they don’t, they don’t,” said PSC spokesperson Anne Dalton in a phone interview with The Evening Sun, contending that consolidating could help parties preserve their resources. “There is no law saying they have to, it’s just a suggestion.”
Chenango County Chamber of Commerce President and CEO Dave Hall said that a consolidated initiative would be the best approach in what he believes will be a lengthy battle.
“It’s imperative that there are two or three well developed and integrated campaigns,” said Hall, who praised the work thus far by Communities Against Regional Interconnect and the Regional Citizens Coalition. “Those two groups have to work parallel and occasionally in concert with each other.” CARI is a combination of citizens opposition groups and officials from each of the eight counties the power line would encroach. The RCC is a made of up individuals, businesses, and citizens groups opposed to NYRI.
CARI Attorney John F. Kluscik believes that repetition is a happenstance of the Article VII process. “Each party has the right to express their interests,” said Kluscik, an associate of Gilberti, Stinziano, Heintz and Smith law firm of Syracuse. “Even if they are of a similar nature.”
Yesterday’s PSC ruling was in response to comments the agency received from several parties regarding NYRI’s earlier request that certain application requirements be waived. The ruling allowed NYRI to respond to the comments, even though the deadline to do so passed Aug. 9. NYRI’s Article VII application was refused in July after it was deemed to be incomplete.