NORWICH – A new law that removes New York Regional Interconnect Inc.’s power of eminent domain will not alter how the state reviews power line proposals, despite the loss of the previously legal tool to secure land, officials said.
The state Public Service Commission, which decides the fate of all large-scale transmission line proposals on the state level, ruled NYRI’s bid deficient in June and has yet to receive the corrections from the Albany-based company. However, even without the ability to forcibly take property, NYRI’s Article VII siting application is still considered by the PSC to be on the books, and will still be reviewed – if ever completed – without a secure route.
“That’s in NYRI’s hands,” said Gary Davidson, a spokesperson for the New York state Public Service Commission. “They will have to address that issue.”
A NYRI representative said the application is still in the works, and would not specifically comment on how the eminent domain law has affected the project. “We’re working on it,” said NYRI spokesman Jon Pierce, “and looking at what the next steps will be.”
The eminent domain law was signed by Gov. George Pataki on Oct. 3, and it takes away the ability of certain transmission corporations to purchase private property at fair market value, without negotiations. It specifically targets companies that have been denied the request for the early designation of a national interest corridor; that have admitted the project would raise utility rates in other parts of the states; and that have developed a project that is intrastate in scope, such as NYRI’s. Questions have arisen over the constitutional strength of the law, due to its narrow scope.
It’s believed that by the year’s end the U.S. Department of Energy will begin designating certain areas of the country National Interest Electricity Transmission Corridors, under direction of 2005 Federal Energy Policy Act. A precursor study completed in August listed southeastern New York state as a critically congested area, and if that region is given corridor status, proposals like NYRI’s could be decided by the federal government; mainly if the state approval procedure fails to complete a review within one year of an application submission.
“The Article VII doesn’t start ticking until we get a complete application,” said Davidson. “If and when they (NYRI) complete it.”
Norwich resident Betsy Mahannah has fears that federal involvement will only open the door to Chenango County for other proposals such as NYRI’s, and she hopes that area politicians will continue to fight to protect their constituents. “If they make it a corridor we’re all in trouble,” she said. “It will be interesting to see what happens after election day.”
NYRI is proposing to construct a $1.6 billion, 200 mile-long high voltage power line from Oneida to Orange County, erecting 115 foot tall support towers every 700 to 800 feet. Thousands along the route, which would run through 44 miles of Chenango County, have come out against the project, concerned about possible negative health impacts, and fears that the line would devastate local economies and environments.
The Village of Sherburne and the City of Utica have also filed a lawsuit against the New York Susquehanna & Western Railroad, arguing that the supposed land deal giving NYRI claims to NYS&W right of ways from Utica to Norwich is an illegal contract.
A public forum will be held at 7:30 p.m. on Wednesday in the Norwich High School Auditorium to discuss updates and answer questions about NYRI with the public. Local experts, government officials, and representatives from the PSC will be on hand.