NYRI petition denied
NORWICH – The state denied a petition Wednesday filed by NYRI requesting that it overturn or uphold a law blocking the power line company’s use of eminent domain, an official in Albany confirmed.
In 2006, Gov. George Pataki signed an amendment that took away New York Regional Interconnect Inc.’s right to condemn private property for its power line.
NYRI petitioned the state’s Public Service Commission in December, asking that it clarify whether or not the amendment – which altered what’s called Transportation Corporation Laws – was constitutional, and if it in fact applied to the company or its power line project.
The PSC, in charge of the state’s power line review, dismissed the petition Wednesday on the grounds that it “lacks authority” to make those decisions.
“The commission dismissed the petition and declared that it lacks authority to rule on the applicability or constitutionality of transportation corporation law,” said PSC spokesman James Denn.
Canadian-backed NYRI also wanted to know if not having access to eminent domain would impact the PSC’s ability to review its project, which is expected to begin on or around Feb. 22.
“The decision to dismiss NYRI’s petition does not change or eliminate the PSC’s responsibilities and obligations under Article VII,” Denn added in a later e-mail.
A NYRI spokesman said the company was unaware Wednesday afternoon of the dismissal. They would not offer comment.
Opponents of the $1.6 billion power line, which would run through 44 miles of Chenango County, say yesterday’s dismissal was good news for their cause.
“It’s one more nail in the NYRI coffin,” said Perry Owen, a Norwich resident who lives near where the line would go. “Many more nails are needed before we can put the NYRI issue to rest.”
Under federal energy law, NYRI may be able to seek approval in Washington if its project is denied at the state level.
As it stands, even if approved in Albany, NYRI would need Washington to grant eminent domain powers, which it is says are critical to success of its project.
“That’s where change needs to come in,” said Chris Rossi, a Hubbardsville resident and co-chair of Stop-NYRI, referring to new policies that open the doors for projects like NYRI in Washington. “We’re hopeful that avenue will be constricted.”
This is the second time NYRI has been unsuccessful in challenging the law, signed by former Gov. George Pataki in 2006, which prevents it from taking land for its 190-mile-long power line. A federal district court dismissed an earlier lawsuit on technical grounds.
NYRI claims a number of its constitutional rights have been violated as a result of being denied eminent domain, including its right to equal protection under the law.
In 2006, Gov. George Pataki signed an amendment that took away New York Regional Interconnect Inc.’s right to condemn private property for its power line.
NYRI petitioned the state’s Public Service Commission in December, asking that it clarify whether or not the amendment – which altered what’s called Transportation Corporation Laws – was constitutional, and if it in fact applied to the company or its power line project.
The PSC, in charge of the state’s power line review, dismissed the petition Wednesday on the grounds that it “lacks authority” to make those decisions.
“The commission dismissed the petition and declared that it lacks authority to rule on the applicability or constitutionality of transportation corporation law,” said PSC spokesman James Denn.
Canadian-backed NYRI also wanted to know if not having access to eminent domain would impact the PSC’s ability to review its project, which is expected to begin on or around Feb. 22.
“The decision to dismiss NYRI’s petition does not change or eliminate the PSC’s responsibilities and obligations under Article VII,” Denn added in a later e-mail.
A NYRI spokesman said the company was unaware Wednesday afternoon of the dismissal. They would not offer comment.
Opponents of the $1.6 billion power line, which would run through 44 miles of Chenango County, say yesterday’s dismissal was good news for their cause.
“It’s one more nail in the NYRI coffin,” said Perry Owen, a Norwich resident who lives near where the line would go. “Many more nails are needed before we can put the NYRI issue to rest.”
Under federal energy law, NYRI may be able to seek approval in Washington if its project is denied at the state level.
As it stands, even if approved in Albany, NYRI would need Washington to grant eminent domain powers, which it is says are critical to success of its project.
“That’s where change needs to come in,” said Chris Rossi, a Hubbardsville resident and co-chair of Stop-NYRI, referring to new policies that open the doors for projects like NYRI in Washington. “We’re hopeful that avenue will be constricted.”
This is the second time NYRI has been unsuccessful in challenging the law, signed by former Gov. George Pataki in 2006, which prevents it from taking land for its 190-mile-long power line. A federal district court dismissed an earlier lawsuit on technical grounds.
NYRI claims a number of its constitutional rights have been violated as a result of being denied eminent domain, including its right to equal protection under the law.
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