ALBANY – A change in leadership at the state’s top power line authority shouldn’t impact the New York Regional Interconnect Inc. case, say officials in Albany and spokesmen both for and against NYRI.
Last week Governor Eliot Spitzer appointed Garry Brown as chairman of the state Public Service Commission (PSC), replacing George Pataki appointee Patricia Acampora.
The PSC makes the final decision on all major electric transmission facilities in the state – like NYRI’s $1.6 billion, 190-mile-long power line proposal. It also regulates the electric, gas, steam, telecommunications and water utilities.
Before coming over to the PSC, Brown was most recently the vice president of external affairs with the New York Independent System Operator (NYSIO) – the agency that oversees the electricity grid – which released a report in September stating that NYRI’s power line was not needed to meet growing energy needs through 2016.
When Canadian-backed NYRI does make its case with the PSC – the company’s first application was denied a review over a year and half ago because it lacked information in 10 critical areas – the newly-appointed Brown’s background with the NYISO won’t shift the balance for or against its bid to run a power line from Utica to Orange County, a PSC spokeswoman said Friday.
“He’s a consummate professional with 30 years of broad experience in the industry who will keep an open mind in each and every case before the commission,” said PSC spokeswoman Anne Dalton.
NYRI official David Kalson agreed.
“Doesn’t make a difference, really,” said Kalson. “NYRI still favors the state process.”
State legislators changed New York’s eminent domain law in October 2006 to prohibit NYRI from taking private property for its project. In response, NYRI has asked the PSC to rule whether or not the change is constitutional. A lawsuit filed by NYRI challenging the law in federal court was previously thrown out. NYRI has reportedly spent $11 million on the project thus far, and claims it will have to spend $10 million more to complete its permitting application, known as the Article VII.
Kalson said the company will file its revised application regardless of when and how the PSC decides on the eminent domain amendment.
“There will be a supplemental filing very soon,” he said. “No matter what.”
John Kluscik, a lawyer for Communities Against Regional Interconnect, an eight-county NYRI opposition group, also believes Brown’s appointment will not affect the PSC review process.
“The devil is in the details,” Kluscik said. “Details come at the case level with an administrative law judge, not at chairman’s level. We’re likely to see relatively little change because of this.”
Brown and four commissioners will have a final vote on the NYRI case if and when it is completely reviewed and an administrative law judge makes a final decision.
“Given volatile fossil fuel prices, concerns about greenhouse emissions, the vulnerability of the electrical system to supply disruption, and the need for new investment in infrastructure and supply, we must meet the challenges before us by being bold and innovative,” Brown said in press release last week.