













NORWALK -- Connecticut Light & Power Co. will unroll at City Hall tonight construction plans for its Norwalk-Bethel high-voltage transmission lines. "We're going to discuss our construction schedule for the overhead as well as underground line, and we'll have maps to show folks," said Frank J. Poirot, spokesman for CL&P parent company Northeast Utilities.
The project, set to begin next month, will bury an existing 115-kilovolt line and build an aboveground 345-kilovolt line into Norwalk. Bethel, Redding, Weston and Wilton also lie in the path of the project, part of the utility company's plan to upgrade the power grid in southwestern Connecticut. Poirot said the information meeting, scheduled for 7 tonight in the Community Room of City Hall, 125 East Ave., is intended to inform motorists and businesses along the path of the project about how they will be affected.
On hand to answer questions will be Poirot, Project Manager Laurie Aylsworth and engineer support crews. Next month, contractors will begin digging in streets along the route in preparation to bury the 115-kilovolt line. In Norwalk, the work will run down Glover Avenue to Main Avenue and onward to the New Canaan Avenue substation, Poirot said.
"The overriding intent for us is to minimize the amount of inconvenience that road construction will have," Poirot said. Poirot said work in commercial areas generally will be done at night, while construction in residential areas will occur during the day. Work will be done in steps, beginning with the installation of splicing vaults and digging of trenches.
CL&P plans to have the 115-kilovolt line buried by year's end. The entire project is slated for completion in late 2006. Residents of Norwalk's Silvermine neighborhood fought the Bethel-Norwalk upgrade for years. Last year, the city lost its court battle to overturn approval of the project by the Connecticut Siting Council, the nine-member board charged with reviewing and approving or rejecting proposed utility constructions.
Last Thursday, the Connecticut Siting Council approved an application by CL&P and The United Illuminating Co. to build a 345-kilovolt transmission line from Middletown to Norwalk. That line will run underground from Milford to Norwalk.
Over the objections
of 10 legislators and several Middlesex and New Haven county
communities,
the Connecticut Siting Council on Tuesday issued a draft opinion
indicating
it would approve United Illuminating Co. and Connecticut Light &
Power.
Co.'s 69-mile transmission line project.
"I think it
went pretty well, said Marcia Wellman, a spokesperson for UI, but she
cautioned
that this is "a draft opinion and we don't know what it means."
She said the council is still deliberating some key issues that could affect the way the project is built.
Last week during deliberations, the council indicated that it supported a $993 million proposal to run 24 miles of the line underground through Fairfield County and 45 miles of the line overhead through communities in Middlesex and New Haven counties, including Milford. But the council is holding oral arguments on several elements of the plan on Thursday, and S. Derek Phelps, the council's executive director, said in a previous interview that until the vote is taken on April 7, nothing is final. Phelps was unavailable for comment on Tuesday following the meeting.
The council acted on Tuesday despite calls from Sen. Len Fasano, R-East Haven, and nine other legislators that they want the council to delay its decision.
The legislators said, in a prepared statement, that they are concerned that the council has yet to determine how to mitigate the effects of electric and magnetic fields that will be emitted by the line.
The utilities want to replace the existing 115-kilovolt lines with 345-kV ones that will generate higher levels of EMF (electric and magnetic fields). During deliberations on the subject, the council began to write new EMF management practices, but it was discovered that the council consulted CL&P on the design of those practices. Attorney General Richard Blumenthal demanded that the practices be scrapped and the council complied. But Pamela Katz, the council's chairwoman, said last week that the council has enough evidence on the subject of EMF to create a mitigation plan for the Middletown-to-Norwalk project.
Communities in New Haven and Middlesex counties have been fighting to get the lines buried since the plan was proposed in 2003, claiming that residents must be protected from the slim chance that EMF might create health problems. National and international studies conducted in the late 1990s found no connection between EMF and health problems, but they also said that there remains a possibility that the fields could cause problems.
Blumenthal expressed concern about the council's draft opinion on Tuesday, issuing a brief statement.
"This draft
opinion clearly reflects the need for more work," he said, indicating
that
it's not clear how the council plans to deal with EMF and the lines'
impact
to the environment. He added that he looks forward to arguing the issue
before the council on Thursday.
A proposed 69-mile power line between Middletown and Norwalk could end up costing more than $1 billion - nearly 80 percent more than the initial estimate - developers said Tuesday in a filing to state authorities.
Connecticut Light & Power and United Illuminating said the estimate has jumped because of generally rising costs in the year since the line was designed, higher-than-expected costs to bury 24 miles of it and possible added expenses to reduce exposure to magnetic fields.
The original estimate was $600 million for the line, the largest electric transmission project in Connecticut in 30 years. That estimate was developed more than a year ago, however, and the project has been delayed before the Connecticut Siting Council.
The new estimate is $840 million to $990 million, plus $70 million to $80 million if authorities order the developers to reduce exposure to the magnetic fields.
That could bring the total to $1.07 billion.
"Even at this late point in the review process this is only an estimate and things can change, depending on what the siting council's decision is," CL&P spokesman Frank Poirot said.
Poirot said it was too early to know how much of the project's cost will be borne by Connecticut ratepayers and how much will be shared with ratepayers in other states. Federal officials have ruled that the six New England states will share the cost of any new electric transmission line that bolsters the reliability of the region's power grid.
But if the line costs more because of local or state considerations - such as installing it underground rather than overhead - ratepayers in that state alone would pay those additional costs.
The higher overall cost of the Middletown-to-Norwalk line drew a mix of dismay and support from Connecticut state officials, business representatives and a citizens' group that has advocated placing more of the line underground.
"Ouch," state Consumer Counsel Mary Healey said upon hearing the new estimate. She said her office will review the numbers in greater depth. However, the higher cost estimate, coming on the heels of higher electricity and natural gas costs for Connecticut consumers in 2005, caused her to question the benefits of restructuring the state's electricity markets.
"This is just piling on cost after cost on the ratepayer," she said. "At some point, we have to stop and question this restructured world and the benefit we are getting from it."
State Attorney General Richard Blumenthal said in a prepared statement that the numbers deserve critical scrutiny, "not unquestioning acceptance."
"We will continue to strongly support placing as much of the cable underground as possible, as is required by current state law and sound public policy," he said. "How the cost could rise so dramatically is cause for challenging the credibility of these estimates."
The line would complete a two-phase plan to ship more electricity into power-poor southwestern Connecticut, one of the weakest sections of New England's power grid. Regulators approved the first phase, a 20-mile line from Bethel to Norwalk, in 2003.
Robert Earley, who follows energy issues for the Connecticut Business and Industry Association, said the higher cost is the result of the state's own law requiring that new transmission lines be built underground wherever possible.
"That costs something. State consumers are going to pay more. That's part of what we're seeing," Earley said.
Ruth Ann Wiesenthal-Gold, president of the Woodlands Coalition, a group of citizens seeking to have as much of the line built underground as possible, said the cost may sound high, but it includes important features.
Burying the line means greater sensitivity to environmental issues, and it means fewer families along the line's proposed route not losing their homes to the right-of-way, she said.
"The number
sounds huge," she said, "But if that number saves 29 families from
being
displaced, not to mention property owners losing significant pieces of
their property, then you have to say, what price peace?"
20 more
miles of power line could be buried
Luther Turmelle
, New Haven REGISTER Thursday October 14, 2004
HARTFORD —
A consultant hired by the Connecticut Siting Council has issued
preliminary
findings that suggest that between 10 and 20 miles of high voltage
electric
transmission cable can be buried between Milford and Wallingford.
That’s in addition
to the 24 miles of 345-kilovolt underground cable already proposed by
United
Illuminating Co.
and Connecticut
Light & Power as part of an upgrade of high voltage electric cable
between Norwalk and Middletown.
KEMA Inc.’s findings were released Wednesday as part of a summary presented by Siting Council Executive Director Derek Phelps during a Federal Regulatory Commission Technical Conference at the Legislative Office Building.
"If effective mitigation is employed, additional undergrounding of up to 20 miles along the proposed corridor from East Devon north to Beseck would be technologically feasible," the KEMA summary states. East Devon refers to Milford and Beseck refers to a substation located in Wallingford near the Meriden border.
KEMA’s summary says the ability to bury additional portions of the cable is contingent upon the use of filters and stabilizers designed to prevent fluctuations that could damage the regional power grid. The full report will be released on Friday, Phelps said.
"We will make the report and our consultants available to all parties involved," Phelps said.
FERC officials will likely return to Connecticut in December or early January to take part in that questioning, said agency Chairman Pat Wood.
UI and CL&P say the proposed cable is needed to supplement the aging 115-kilovolt system and to ensure reliability in Fairfield and New Haven counties.
"You have too much good going on in this state and we don’t want to see a fragile transmission system ruin that," said Wood, who referred to the current transmission in Fairfield and New Haven counties as "third world," before choosing another term.
Political leaders and citizens groups seeking to maximize the amount of cable buried along the proposed route hailed the findings as a breakthrough.
"This is what we have been saying from Day 1," said Milford Mayor James L. Richetelli Jr. "I suspect the power companies will refute it; hopefully, they can’t."
Woodlands Coalition President Ruth Ann Wiesenthal-Gold said KEMA’s findings will force UI and CL&P to take a harder look at increasing the amount of buried cable.
"It’s helpful, certainly something they’ve got to pay attention to," Wiesenthal-Gold said.
Orange First Selectman Mitchell Goldblatt said he and others in attendance at the conference were caught off guard by the summary.
"This is a huge development," Goldblatt said.
Connecticut’s House Majority Leader James Amann, D-Milford, said proponents of burying more of the power line need to build on the findings.
"I understand there is much more work that has to be undertaken so that we can come up with the best solution for our communities to accept," Amann said.
State Rep. Mary Fritz, D-Wallingford, said KEMA’s initial findings support a law the General Assembly passed last spring requiring power lines to be buried when technically feasible.
"This is a vote of confidence for the legislation we created," said Fritz.
State Sen. Winthrop S. Smith Jr., R-Milford, says KEMA’s findings call into question claims by the utilities and ISO-New England, the regional power grid operator, that burying more of the cable can’t be done safely.
"This report … completely undercuts the position of the applicant and ISO," Smith said. "The Siting Council is to be commended for hiring this expert to perform the study."
Officials of ISO-New England and the two utilities offered a more measured response.
"We’d like to take a look at the full report and analyze it a little deeper," said Frank Poirot, a CL&P spokesman.
"From what it appears, they (KEMA) did only one level of study," said Stephen Whitley, chief operating officer of ISO New England. "What we have to do is dig a little deeper, into the next level."
Wood said he
and fellow FERC commissioners Nora Brownell and Suedeen Kelly came to
Hartford
to learn more about the difficulties in siting the proposed 69-mile
high
voltage line.
Northeast Utilities wants the line under Route 1. State transportation officials in June proposed three alternative routes that would run the high-voltage transmission line under various residential streets.
On Wednesday, Knopp and Alvord testified against those alternatives at a Connecticut Siting Council hearing in New Britain. The nine-member board has until next spring to approve or reject the line.
"The alternatives are a bad idea because they'll make the line more expensive, less reliable or longer, and therefore compromise the ability to put it underground," said Knopp, after returning from the hearing. "The original line along Route 1 has the least impact on residential areas and the alternative routes have the maximum impact. You can't make it longer and keep it all underground." Knopp said the state Department of Transportation has proposed three alternative routes, all along residential streets in Norwalk.
The first option would affect Main and Newtown avenues; and Broad, Cannon, Murray and Ward streets. The second alternative uses Old Kings Highway South; East, Belden, Sunset and Strawberry Hill avenues; and King, Tierney, Wall and William streets. The third option affects County Street and Old Kings Highway South, he said.
In prefiled
testimony to the Siting Council, Knopp and Alvord challenge the state's
reasons for using the alternative routes. They dismiss that it will
minimize
twists and turns, run along reasonable terrain and use lower volume
roadways
in noncommercial areas.
Knopp and
Alvord acknowledged that traffic volumes on the residential streets
"may
be less than that on U.S. Route 1 during normal business hours," but
added
that it is "intense in the mornings and evenings." They argued that
traffic
on Route 1 is down in the evening and early morning, allowing nighttime
construction.
"The most important reason Norwalk opposes all of the ConnDOT alternatives is that all of the alternatives add three or more miles to the length of the lines from Middletown to Norwalk, and therefore would sabotage the widely recognized goal of reliably placing underground as much of this transmission facility as possibly," stated Knopp and Alvord in a prefiled testimony.
The council has until April to decide on the Middletown-Norwalk line, after a six-month extension was granted. As the hearings continue, the utility company is standing by its preferred route along Route 1. "It provides the width that we need. The residential streets are barely two lanes wide -- (construction) wouldn't merely slow the flow of traffic, it would stop it dead," Northeast Utilities spokesman Frank J. Poirot said. "Route 1 is also a straighter and flatter route." Northeast Utility's original plan to run the line underground 24 miles from Milford to Norwalk was called into question in June, when ISO New England expressed reliability concerns.
Knopp said it is premature for the Siting Council to consider the DOT alternatives until a working group comprising ISO New England, Northeast Utilities and United Illuminating determine "which route is going to be a reliable underground route." Poirot said Northeast Utilities is finishing a preliminary report, whose results "are not encouraging for additional underground" cable beyond the 24 miles proposed from Milford to Norwalk. An aboveground line into Norwalk, however, appears unlikely.
"It's highly
unlikely that the Norwalk stretch of the right-of-way would change,"
Poirot
said. "The impact on homes along (an) aboveground route would just be
too
great. We don't see that as an attractive alternative proposal," he
said.
The Middletown-Norwalk
line is part of a larger plan to upgrade the power grid in southwestern
Connecticut. Other elements include an already-approved 345-kilovolt
Bethel-Norwalk
line that will run aboveground into Norwalk; and an underground
Stamford-Norwalk
transmission line.
With technical questions plaguing plans to upgrade electric power lines between Middletown and Norwalk, the Connecticut Siting Council on Monday decided to continue hearings on the matter until September.
The United Illuminating Co. and Connecticut Light & Power Co. submitted a joint application with the council last year to replace the 50-year-old power lines feeding southwest Connecticut.
The companies offered a two-phase plan; the council gave preliminary approval to the first phase, to replace the lines running from Bethel to Norwalk. But the second phase - replacing lines from Middletown to Norwalk - ran into trouble after review by the region's power grid operator, Independent System Operator New England.
In June, ISO New England raised concerns about Phase 2 because the companies proposed to run 24 miles of the new lines underground, which would create voltage irregularities that would compromise reliability, according to ISO New England.
Since then, ISO and the two companies have worked together to find a technical solution, but the Siting Council decided to suspend public hearings on the application, pending further review.
The council decided Monday to move forward with some of the issues confronting the project and will hold a hearing Sept. 8 in New Britain to discuss a motion by two towns to rescind the council's preliminary approval of Phase 1.
Representatives of Durham and Wallingford are asking the council to reconsider due to similar reliability concerns confronting that project, because 12 miles of the lines will be buried.
The two companies are opposing the towns' request and both sides are expected to deliver arguments in September.
The Siting Council also said it will discuss new state laws calling for buffer zones to reduce the effects of the electric and magnetic fields that power lines create. There is growing concern among townspeople that the fields cause cancer, and some medical studies that seem to support this.
The council
also announced that it will hold evidentiary hearings on UI and
CL&P's
application on Sept. 28 and 29 at Central Connecticut State University
in New Britain on magnetic fields and preferred routes for the power
lines.
New technology could allow the Fairfield County portion of the proposed Norwalk-to-Middletown power line to remain buried, but it may cost an additional $250 million that would likely be shouldered by state residents.
OSI New England, Connecticut Light & Power and United Illuminating Co. filed a report with the Connecticut Siting Council yesterday detailing the alternative, which the firms said requires further study to ensure reliability.
The possible design would keep 24 miles of the 345-kilovolt transmission line underground from Norwalk to Milford. It would use static synchronous compensators, or statcoms, in at least six spots along the transmission line to help keep voltage at a constant force.
"We caution that it could create an undesirable amount of complexity," Stephen Whitley, ISO New England's chief operating officer, said yesterday during a news conference. "In addition, the alternative design will cost more to maintain and to operate (and) will require the hiring and training of specialists. It is highly probable that all these additional costs will be paid by Connecticut consumers."
Whitley said the group will continue to study the feasibility of the design and plans to report back to the Siting Council by the end of next month. He called the proposal unique in that it would use more of the new devices than any other system in the country.
Mitch Gross, a spokesman for Northeast Utilities, called the alternative "undesirably complex" and said the higher cost should not come as a surprise.
"We have maintained since day one, if you want to go underground, it will cost more," he said.
The report was required by the Siting Council, which regulates the placement of transmission lines, after OSI New England, the region's power grid operator, questioned an underground line's reliability during a hearing in June.
The Siting Council already approved the first phase of the project, a 20-mile line from Bethel to Norwalk. Twelve miles on that route would be underground.
CL&P and UI -- which are jointly proposing the power line project -- formed a Reliability and Operability Committee with OSI New England to explore options that would keep the line underground while addressing the grid operator's concerns.
Local officials, who had expressed shock at OSI New England's opposition, said they were optimistic about the new proposal despite the price tag.
"Compared to the bombshell that ISO New England dropped in June when it claimed that the underground proposal was not reliable at all, this is certainly welcome news, because it means that the original plan can more or less go forward," Norwalk Mayor Alex Knopp said. "There is a feeling that rate payers are going to be paying the cost of this and it's better to have it underground than not."
State Rep. Robert Duff, D-Norwalk, said although $250 million sounds expensive, the cost would be spread among all Connecticut ratepayers.
"I think that it's always expensive to do any of these lines," he said. "In talking to people, they'd be willing to pay a little more on their electric bill each month to keep the lines underground."
The Siting Council said it would suspend hearings on the project until ISO New England and the utilities come up with a solution they support.
The extra work to bury the lines would bring the entire transmission line upgrade, including the Bethel to Norwalk section, to an estimated $1.2 billion. Statcoms also would require more land acquisition and labor costs that have not yet been calculated.
Federal rules allow for all of New England to help pay for necessary transmission projects in the region that improve reliability in the system. But, Whitley warned, Connecticut customers might have to pay for any unnecessary extra costs themselves.
"I anticipate other utilities in New England are going to be very concerned about this whole project being over $1 billion," Whitley said.
Political and
business leaders of southwestern Connecticut are preparing to fight a
proposal
to pay
regional power
generators more. They say the proposal could dramatically hike costs
for
ratepayers...
The regulators
who oversee electricity generation and distribution in New England are
proposing a
special price
zone for southwestern Connecticut to encourage the building of new
electricity
generation
facilities here.
The two agencies
involved are the Federal Energy Regulatory Commission, which oversees
power
issues nationally,
and ISO New England, which runs the power grid in the region. Money
from
the
higher rates
could go directly to power companies, which proponents of the plan say
would encourage
greater output.
"Because there
are a lack of generation resources in southwestern Connecticut, there
is
justification
for a separate
zone," said Ellen Foley, spokeswoman for ISO. "The goal is to spur
investment
in needed
resources."
The price zone would stretch from Greenwich to New Haven and include about 50 cities and towns.
If FERC approves
the ISO proposal -- which FERC requested -- the new pricing could go
into
effect as
early as January
2006, officials said. New zones would be created elsewhere in New
England,
but it's
unlikely they
would lead to energy prices as high as in southwestern Connecticut.
Stamford Mayor
Dannel Malloy, Connecticut Attorney General Richard Blumenthal and
others
said they
believe the
change could result in power bills soaring by as much as several
hundred
million dollars.
They say ratepayers
would lose money long before the zone leads to increased energy
capacity.
"We have to fight this with every bit of strength we have," Malloy said. "This ignores the fact that it takes years to get permits and build an energy plant of any size."
It is especially
difficult and time-consuming to add power plants in Fairfield County,
where
many towns do
not meet federal
air-quality standards because of pollution from cars and from the
Midwest,
officials said.
"I believe in a cost-based system," Malloy said. "But this is a penalty, and that is very different."
ISO New England sees it differently.
"The rest of
the state will no longer be subsidizing the cost of southwestern
Connecticut
in terms of
capacity,"
Foley said.
By increasing
the amount of money paid for power generation in southwestern
Connecticut,
where it is in
short supply,
more generation plants will be encouraged, she said.
But some say ISO's approach is unfair.
"It really is outrageous," said Joseph McGee, vice president of public policy for SACIA, the Business Council of Southwestern Connecticut. "I think this is energy pricing run amok."
McGee said the incentives may be unnecessary because Fairfield County municipalities are already near an agreement to allow the construction of the Bethel-to-Norwalk and Norwalk-to-Middletown transmission lines.
"I am dismayed by heavy-handed tactics like this, and it just demonstrates a fundamental lack of understanding by Washington's bureaucrats about the economics of power generation in Connecticut," said state Sen. Andrew McDonald, D-Stamford, vice chairman of the Legislature's Energy and Technology Committee.
"The timing of this leads inevitably to the question of whether the regulators are using this as a means to seek retribution for our principled opposition to energize the Long Island Sound cable."
Some also don't like that the additional money will go to power generators, some of which like NRG Energy Inc., own part or all of the so-called "sooty six" power plants. The six plants, the state's oldest and most polluting, are in Norwalk, Bridgeport, Middletown, Milford, Montville and New Haven.
In March, Blumenthal said in a statement, "This proposal will provide the power industry with a huge, unjustified windfall at the expense of consumers."
There also is already excess power produced in New England, he said.
Several factors would influence how much the new pricing system, called locational installed capacity pricing zone, or LICAP, would cost.
FERC has not established the base price to be paid for the capacity to produce power, which will help establish prices under the LICAP system, Foley said. It also is not clear how the state will distribute the new costs, she said.
Originally, when ISO New England responded to FERC's request for a LICAP proposal it included all of Connecticut in one zone, Foley said. Under that proposal, the cost of the proposal would be $90 million to $120 million in the first year and increase afterward.
But last month, FERC requested that southwestern Connecticut be in its own price zone -- and ISO New England agreed. That means that Fairfield County would pay more for power capacity than the rest of the state, Foley said.
Some estimates, including Blumenthal's, put the cost of the proposal in Connecticut overall as high as $500 million a year within five years.
SACIA estimates the cost for Fairfield County could be $375 million a year.
LICAP is part of a larger push to have the marketplace determine costs -- and drive investment -- rather than the government.
For example, ISO New England and FERC last year implemented new rules regarding how the price of power-line congestion is paid. Such costs, common in southwestern Connecticut, used to be paid by ratepayers all over New England. Now they are paid for by Connecticut residents and companies alone.
Chris Riley, spokesman for Connecticut Light & Power, which serves about 80 percent of the state, said the change has increased costs by $186 million for the company's customers from March 2003 until January 2004.
One of the few Stamford residents to attend was Rhonda Keyt, who was concerned that the lines will pass near to her house. But she left the open house satisfied. "I think they have it really worked out," Keyt said. "It's in a spot that (I) don't think it'll be a problem for our neighborhood."
Although the underground cable line, called the Glenbrook Cables Project, has drawn significant criticism from some towns, particularly New Canaan, Stamford's reaction has been mild because only about a mile of the line would run through the city. Robin Stein, Stamford's Land Use Bureau chief, said he was pleased the cable would be underground minimizing "visual pollution." He said the southern route, the primary route under consideration, is better for the city because construction would be less inconvenient along Route 1 than on Route 106. "(Route 106) gets heavy traffic and is only two lanes," Stein said.
The company hopes to file a formal proposal in May with the Connecticut Siting Council, which must approve all utility projects. They hope for a decision by early next year and to complete the project by the end of 2007. Anticipating concerns about safety, construction and the environment, Northeast designed an elaborate presentation that included a three-dimensional animation of the construction phases, computer locator that showed the line in relation to a given address. Northeast representatives stood at each station to answer questions. Attendees also were given an energy cost-saving light bulb.
Company representatives said they would minimize construction inconveniences by doing it during the day in residential areas. They also said that the line would be encased in concrete. The line will run from a Hamilton Avenue substation to one on New Canaan Avenue in Norwalk.
The primary route under consideration runs 8.1 miles, starting at Hamilton Avenue before heading up Brookside Drive and crossing into Darien where it continues along an access road west of Interstate 95. The route then heads northeast up Ledge Road and joins Route 1 into Norwalk. Finally, the line heads north on Riverside Avenue, crosses the Norwalk River and reaches the substation.
A secondary route under consideration would go up Glenbrook Road in Stamford and would pass through New Canaan. The 9.3-mile alternate plan goes north along Route 106 through western Darien and into New Canaan. After heading down Old Stamford Road to Farm Road and Old Norwalk Road, the line would head south on Route 123 to the Norwalk substation.
Three other public forums are scheduled for Monday in Darien Town Hall auditorium, March 25 in the New Canaan Town Hall auditorium, and March 30 in the Norwalk City Hall Community Room. All sessions begin with an open house at 7 p.m. and a question-and-answer segment at 8 p.m.
The stay application and two appeals Norwalk filed are pending in state Superior Court in New Britain, located next door to the Siting Council, which decides the location of utility projects. Norwalk leaders and residents oppose the 345-kilovolt project because NU plans to string the line atop 90-or 107-foot-tall poles between a New Canaan Avenue substation and southern Wilton. A document the city filed with the stay application states the project would do Norwalk "irreparable harm," damaging or destroying "scenic, historic and recreational resources." Installation of the line would hinder economic activity and the city's ability to "provide for the public health and safety," the document states.
NU spokesman Frank Poirot yesterday said the company hopes to begin construction of the Bethel-to-Norwalk line by late June or early July. Poirot said it would be speculative to comment on whether a stay would prevent NU from meeting a federal deadline of December 2007, when the line must be finished for its $200 million cost to be spread among customers in all of New England instead of just Connecticut.
"I can't speculate on that but . . . suffice it to say our schedule is tight as it is," he said. The approved configuration calls for burying more than half of the 20-mile line through Bethel, Redding, Weston and Wilton, though none of its subterranean portions would be in Norwalk. The Siting Council, NU and the four towns north of Norwalk affected by the project have filed motions to dismiss the city's appeal. Judge Henry Cohn will preside over an April 5 hearing in New Britain on the motions, which Norwalk has challenged. It remains unclear whether Cohn also will consider Norwalk's stay application at the hearing.
Documents Norwalk
submitted to support its stay application identify numerous problems
the
project would create for the city. Some relate to concerns about the
height
of the poles, while others involve disruption that could result along
busy
Main Avenue. City officials and community leaders submitted
several
affidavits supporting the stay application, including Greater Norwalk
Chamber
of Commerce President Edward Musante,
Planning and
Zoning Director Michael Greene and Anne Carbone of the Norwalk
Association
of Silvermine homeowners.
Greene's affidavit states the new power line could scare people away from the planned Norwalk River Valley Multi-Purpose Trail, slated to run parallel to the Norwalk River from Oyster Shell Park to Wilton. An affidavit submitted by Richard Linnartz, the city Public Works department's principal design engineer, states burying part of an existing 115-kilovolt line under Main Avenue would hinder public safety vehicle access and interfere with a major commercial strip.
"The city's inhabitants, living both within and within sight of the Bethel-to-Norwalk project path, will suffer from increased exposure to harmful environmental and ecological impacts" of the line, one of the documents states. The city also maintains the power line is unsightly and would adversely affect residents' quality of life. Siting Council Executive Director Derek Phelps could not be reached for comment yesterday.
City hires
lawyer to fight power line
By Brian Lockhart,
Stamford ADVOCATE Staff Writer
September
3, 2003
NORWALK --
The city has hired a former member of the state's utility siting
council
to spearhead the fight against Northeast Utilities' plans to run a
345-kilovolt
overhead power line into the historic Silvermine neighborhood.
Peter
Boucher of the law firm of Halloran and Sage has been tapped by Mayor
Alex
Knopp to appeal -- at a cost of $200 an hour -- the Connecticut Siting
Council's controversial decision to run the power line on 90-foot-high
power lines through Norwalk.
The city's Common Council voted July 22 to seek an attorney to challenge the ruling. "Attorney Boucher is, in my opinion, the premier utility and energy law specialist in the state," Knopp said yesterday. "He can best represent Norwalk's concerns that Northeast Utilities' proposal should not have been approved."
According to his resume, Boucher has been with Halloran and Sage since 1991 and is chairman of the firm's government affairs and administration and regulatory law practice groups. Boucher's membership on the Connecticut Siting Council from 1987 to 1991 coincided with his chairmanship of the Department of Public Utility Control. He also has been a member of the National Association of Regulatory Utility Commissioners, a board member of the National Regulatory Research Institute and president of the New England Conference of Public Utility Commissioners.
"We considered three or four (attorneys), but he had an expertise on transmission and power line-type disputes," said Louis Ciccarello, Norwalk's corporation counsel. "He has a very good reputation." Boucher could not immediately be reached for comment. The mayor said Boucher had agreed to lower his customary $300 per hour rate to $200. Local Republicans have argued the city would not be paying any legal fees, had the mayor handled the 345-kilovolt line situation differently.
NU has been working for two years on a plan that would run additional power lines from Bethel to the New Canaan Avenue substation in Norwalk. The utility also has proposed upgrading its lines from Norwalk to Middletown and beneath Long Island Sound between Norwalk and Long Island, N.Y. NU in March entered into a deal with Bethel, Redding, Wilton and Weston to bury the cable through those towns. About that time, Knopp announced he had arrived at a separate agreement allowing NU to run 130-foot-tall poles near the Silvermine section of the city.
As part of the agreement, the utility would have to guarantee in writing not to pursue plans to eventually run a cable from the New Canaan Avenue substation through several residential neighborhoods and across Long Island Sound. Silvermine residents, environmentalists and Common Council members said they had no previous knowledge of Knopp's agreement and no say in its formulation.
The mayor has since said on different occasions that he was misled by NU regarding the ability to bury the line in Silvermine and that the four neighboring towns sacrificed Norwalk to cut a deal with the utility company. Town leaders such as Wilton First Selectman Paul Hannah have disputed Knopp's version of the situation, arguing they made an effort to include Norwalk in their deal with NU.
The Connecticut Siting Council this summer agreed to mostly honor the compromise between NU and the four towns; however, in the face of the public outcry, it changed the settlement design to shorten the poles in Norwalk to 90 feet. Still, the Knopp administration decided to appeal the council's decision and force NU to bury the 345-kilovolt lines in Norwalk.
Knopp also believes the appeal is important because it could have implications on the effort to have NU and the Siting Council agree to bury another 345-kilovolt line planned to run to Middletown.
"It is for the purpose of modifying some of the language that is contained in the opinion," Phelps said. "The council does not intend in any way to alter the findings of fact or the decision and order, only the opinion." The rewrite of the opinion is necessary, he said, because "the statutes require that we address certain rationales and reasoning and we think it's appropriate that we reopen for the purpose of meeting the certificate's compliance with the statutes." A certificate from the siting council is necessary before the power lines project can be built.
The council's decision is unpopular in many quarters in Norwalk. Under a plan negotiated between the utility and Bethel, Redding, Weston and Wilton in March called Configuration X, substantial portions of the circuit would run below ground in those communities. Beginning in Wilton, the line would rise above ground at "Norwalk Junction," a location south of the intersection of routes 7 and 33 opposite the USA Storage facility, and run parallel to Route 7 along an existing right-of-way suspended on 130-foot-tall monopoles to Northeast Utilities' Norwalk substation on New Canaan Avenue.
Norwalk made a side agreement with Northeast Utilities and was not a party to the compromise, dubbed Configuration X. Residents, particularly in the Silvermine and Broad River neighborhoods, have objected to the overhead construction on aesthetic, economic and health grounds. The Norwalk Common Council authorized funds to hire an attorney to investigate the possibility of appealing the Siting Council decision.
The question of whether the city will appeal remains open, and the decision to reopen the opinion Tuesday means the city will have more time to consider its options. Phelps said when the appeal is rewritten and sent out to parties in the power line proceedings, it restarts a 45-day window for appeals of the decision. He would not say when the rewrite might be released.
"What the statute says is that upon reopening we must complete whatever it is we're seeking to do within a reasonable time," he said. "The first thing we are going to do is develop some proposed language, circulate it among the service list (of parties in the proceedings) to give everybody some time so they can remark and get back to us. Then the council will take up the issue of what exactly it is they want to make in the way of changes to the opinion. Then one that is sent out in the form of a new certificate package, I think that would be the date upon which the 45-day period of the appeal is set." Leigh Grant, president of the Norwalk Association of Silvermine Homeowners, who attended Tuesday's meeting said she isn't sure why the opinion is being rewritten.
Parties to the proceeding received a copy of proposed changes to the opinion Tuesday, but Grant said she could not immediately see what was different in the rewrite. "There has to be a legal reason," she said. "I don't see anything that is glaringly different." Norwalk Mayor Alex Knopp said he will have city staff review the changes. He said he has not had time to review the proposed changes.
Northeast Utilities spokesman Frank Poirot said the company is not concerned about the rewrite of the opinion. "It's something we can certainly live with and wait for the council to go through its process," he said. "We can pick it up from there." He said the company is not worried that opponents of the power line will see the rewrite as an opening wedge to attack the project. "It won't stop folks from trying, but as the Siting Council chair said (Tuesday), the reopening has been narrowly defined to take care of technical corrections to the measure that was acted on in July, and that's it." Grant and other critics, though, were pleased. "Everything affords us hope," Grant said. "Anything that gives us more time gives us hope."
Knopp said the restarted appeals window "will allow us to do additional research to make sure that: First, that an appeal is justified, as I believe it is; and second, to make sure we submit the best appeal in terms of basing it on a solid reference to the findings of fact and the opinion." No siting council decision on a project has been overturned on appeal, leading some critics to sound a cautionary note about optimism about the Tuesday action.
"I guess at this point it's all technical," said State Rep. Bob Duff, D-137, who has been a critic of the project, and successfully championed legislation this year that changes the way the siting council proceeds in cases in the future. "You don't want to get anyone's hopes up that they're gong to reverse their actions, which I don't think they're going to do," Duff said. "I think a lot of what happens in Norwalk comes down to whether there is going to be an appeal or not." Knopp would not give a definite date on when the city will decide about an appeal.
"I'll be making an announcement on that shortly," he said. The siting council's action, he said, "is the right decision to protect the rights of Norwalk and other entities that may want to appeal." Wilton First Selectman Paul Hannah said he doesn't think reopening the opinion will affect the results. But the council's action "is too bad, because it means there will be a delay in getting (the project) going." he said.
The forum, organized by state Rep. Bob Duff, D-137, in order to prepare residents from across the region for Northeast Utilities' Middletown to Norwalk 345,000-volt power line, which is Phase II of the company's power line project. The first phase, which was highly contentious, stretched from Bethel to Norwalk, and one of the main issues was placing the overhead power lines underground. Pam Katz, Siting Council chairwoman, said during the forum that she plans to send out a Request for Proposals in order to hire an expert on underground power lines.
"There is a little used statute that I uncovered that allows us to hire our own experts," she said. The consultant would help the council analyze the application and prepare questions to cross-examine Northeast Utilities officials on the feasibility of an underground power line, Katz said. "Phase I was more tortured than it needed to be on the issue," she said.
Diane Lauricella, president of the Sierra Club of Fairfield County, said she would encourage the council to send the Request for Proposals to engineers from Europe or Asia. "Underground transmission lines are not unique there," she said. Norwalk Mayor Alex Knopp said having an underground transmission line was the single biggest issue for the city during the proceedings for Phase I.
He said the city's experts had asked the council to hire an independent expert on the matter, but the proposal was rejected. The council's members, however, have a broad range of opinions on the reliability of an underground transmission line, Knopp said. The council's independent expert should also set a standard of what is considered reliable for an underground transmission line, he said.
If that is not done, he said, the work the communities have done with providing input to Northeast Utilities on the proposal and the changes made could be moot because the council would change portions of the plan. Katz said the reliability of an underground transmission line is based on the power grid, and it is of varying degrees in each area. Because of the differences between grids, she said, the council cannot set one standard, but the expert would tell the council what the reliability is for the proposal. Katz also said the council will not want to see settlements like it did with the Phase I application.
"It's good the towns and utilities are talking to each other," she said. "I encourage them to talk." The council, however, could not just rubber stamp the settlement because there were "nine independently-minded people" serving on the council, she said. G. Kenneth Bernhard, Weston and Wilton town attorney, said the decision of the council gives the impression that it has an agenda, and he would think the council would want to encourage the two adversarial groups to work together.
Katz said she would want the electric company to settle with all communities or none. "How would you feel if your community has overhead lines while your neighbor struck a deal for underground in a settlement," she said. "I see anarchy if some get a better deal than others." Wilton First Selectman Paul Hannah said it may not be practicable to settle with all 22 communities involved with the second phase and it may be feasible that there would be segments with different issues.
"What you may see is that this ends up being the equivalent of four separate applications," he said. After the meeting, Knopp said his chief objection to Phase I was that the Siting Council relied on a private settlement that excluded Norwalk. City officials are still considering their options to appeal the phase one decision, he said.
In
hearings held in Weston, as well
as other communities, overflow crowds had protested the project and
pushed
for underground installation.
Residents along the route of Phase
1 of the power project complained that the overhead lines were not
aesthetic,
would lower property values, damage the environment and pose an
undetermined
health risk because of the electromagnetic field emanating from the
lines.
Under
terms of the Monday ruling,
a compromise plan with NU, called Configuration X, would put
approximately
half of the route underground. The other option, of putting all
the
lines underground, was called F3 and was favored by the towns at the
start
of the power drama but was termed
by NU as not being feasible, according
to Weston First Selectman Woody Bliss. The compromise with NU and
leaders of Weston, Bethel, Redding and Wilton had been announced March
17.
'Significant Decision'
"I
think it is a very significant
decision," said Bliss. "We all [the other towns] felt that way. In
politics,
a lot of it is compromise. A lot of time was spent negotiating. It is
not
perfect, but it is acceptable. The Siting Council has great power and
no
one has won an appeal against a council decision." Bliss, who
attended
the Siting Council session Monday with the chief executives of the
other
four communities, cited Westport's failed
appeal on a cell tower decision
as an example of the council's clout.
Bliss, once an IBM executive, termed the power lines an example of what engineers familiar with technical and physical problems call "risk balancing." Besides the Siting Council decision, a new wrinkle has emerged in recent weeks. Norwalk, which was not a party to the March 17 agreement with Weston, Wilton, Bethel and Redding, has complained because the lines would surface from the underground and be strung on poles from Norwalk Junction in southern Wilton to the New Canaan Avenue electrical substation in Norwalk, according to press reports.
Norwalk's
bid for underground lines
was rejected in the Monday decision but 90-foot power line poles are
slated
for the city instead of NU's
originally announced plans for poles
averaging 130-feet high. In addition, before the council vote
Monday,
Pamela Katz, the chairman of the Siting Council, criticized NU for not
including Norwalk in the four-town agreement of March 17 and said the
Norwalk
omission was unwise.
Possibility of Appeals
NU hopes to start construction by the end of the year, but the possibility of appeals remains despite the past success of the Siting Council in court. There still is the chance that some residents in the four towns might balk if they are near power line poles and Norwalk Mayor Alex Knopp said the ruling might be appealed. Opponents of the decision can file an appeal up to 45 days after the Siting Council mails the final draft of the decision.
In
a TV interview Monday night after
the ruling, Knopp said he had hoped the Siting Council had hired its
own
independent expert to investigate
apart from using Northeast Utilities
data. In May, the Siting Council denied a request Knopp had made
for the appointment of an independent
expert.
NU, through its subsidiary, Connecticut Light & Power, plans to run the 345-kilovolt power line from its Plumtrees sub-station in Bethel to its New Canaan Avenue substation in Norwalk. The Configuration X plan was approved by Katz, the Siting Council chairman; as well as Colin C. Tait, the vice chairman; Brian O'Neill, Daniel P. Lynch Jr.; Edward S. Wilensky and Gerald J. Heffernan, who represented Department of Public Utility Control Chairman Donald W. Downes.
Philip T. Ashton, the appointee of the governor on the council, and Brian J. Emerick, representing the commissioner of the Department of Environmental Protection, posted the two no votes. Estimates of the cost of the project are subject to change depending on when it starts, but the most recent price tag for the 345-kilovolt power line was $185 million, according to press reports.
The agreement, which Norwalk was not a part of, called for running the power line on 130-foot-tall poles. Out of consideration for Norwalk, which also wants the line buried, Siting Council members made one change to the settlement design: shortening the poles carrying the line from NU's planned average height of 130 feet to about 90 feet.
But the Siting Council's ruling has not been well received in Norwalk, where Mayor Alex Knopp and many residents want the entire line buried. Knopp yesterday said he will ask the Common Council at its meeting Tuesday to hire an attorney specializing in Siting Council utility projects to analyze the Bethel-to-Norwalk line's approval process.
The
mayor said his desire for an
appeal was heightened by comments Siting Council members made at
Monday's
hearing questioning the reliability of
345-kilovolt underground lines.
Knopp said he is concerned the panel's comment indicate that it may not
allow NU to bury another major power line project, which is slated to
run
from Norwalk to Middletown. "If any appeal has a shot of winning,
then it's worth taking, especially in light of the new concerns I
have,"
Knopp said.
Regarding the Norwalk-to-Bethel line, Knopp said he has spoken to about 30 residents who supported a fully underground cable, urging him to appeal Monday's decision. Anne Carbone, a board member of the Norwalk Association of Silvermine Homeowners, said yesterday her group is contacting other neighborhood leaders to explain Monday's ruling and ask people to e-mail Knopp in support of an appeal. Carbone, who favors a fully underground design for health and aesthetic reasons, said everyone she has contacted wants the city to appeal the decision. "It's very clear -- people are very upset about this," she said. NU spokesman Frank Poirot said an appeal is "something we expect."
"We know that there may be those that are not completely satisfied with (Monday's) Siting Council decision, but we wouldn't be surprised or deterred if there is an appeal," he said. Poirot said it is too early to say what an appeal could mean for the Bethel-to-Norwalk project. However, he said an appeal likely would not prevent NU from completing the line in time to meet the deadline for "socializing" the cost of the line among all New England customers.
Because of new regulations, the line must be operational by Dec. 20, 2007, for NU to require non-Connecticut residents to share in the project's $185 million cost. NU hopes to begin construction on the Bethel-to-Norwalk line by year's end and finish in 2005.
NEW BRITAIN -- The verdict is in: Poles about 90 feet high will carry the Norwalk section of Northeast Utilities' new 345-kilovolt power line between New Canaan Avenue and Bethel. Otherwise, the $185 million project will mirror the compromise design NU announced in March with Bethel, Redding, Weston and Wilton, the Connecticut Siting Council ruled yesterday in a final decision handed down at the panel's New Britain headquarters.
Norwalk Mayor Alex Knopp and Anne Carbone of the Norwalk Association of Silvermine Homeowners -- who had urged the Siting Council to require NU to place the entire line underground -- said they may appeal the ruling. NU said it hopes to start work by year's end on the Bethel-to-Norwalk line, which is slated to be operational in 2005.
Shortly before yesterday's 6-2 vote, Siting Council Chairwoman Pamela Katz chastised NU for failing to ensure Norwalk was included in the four-town settlement. Someone at NU should have realized when the company began agreeing to place portions of the line underground in other towns that it was unwise to omit Norwalk from the negotiations, Katz said. "I believe a five-town settlement would probably look different from the four-town settlement we are dealing with today," Katz said.
NU had originally announced plans to place the entire Bethel-to-Norwalk line atop poles averaging 130 feet high. The four-town settlement called for burying more than half the 20-mile line but keeping the proposed 130-foot towers in a few places -- including the stretch between southern Wilton and a New Canaan Avenue substation.
The Siting Council attempted to ameliorate the situation by modifying the settlement design to require NU to bury an existing 115-kV line in Norwalk that currently runs aboveground so the 345-kilovolt line can be placed atop shorter poles, Katz said. The 115-kilovolt line sits atop poles about 70 feet high in Norwalk; the new towers for the 345-kV line will be about 90 feet high.
Despite the height reduction the Siting Council voted to require in Norwalk, Carbone described the homeowners association as "very disappointed" by the panel's ruling. "Having those lines closer to us (on shorter poles) isn't a solution, and I'm very sorry that the council chose to humor us by allowing us to express our opinion and then completely ignoring what we had to say," said Carbone, whose neighborhood will host part of the 345-kV line.
She said homeowners will speak with Knopp before deciding whether to appeal the Siting Council's ruling. Groups such as the Silvermine association can file an appeal in state Superior Court up to 45 days after the Siting Council mails out the final draft of its decision. Knopp said he will consult with neighbors and the city's attorney before deciding whether to appeal. "But the administrative law system is very heavily weighted against appeals, and I don't want to appeal unless there is a reasonable chance of success," he said.
The mayor said he is grateful the Siting Council reduced the proposed towers' height in Norwalk, and he appreciates the criticism Katz leveled against NU for failing to ensure Norwalk was included in the four-town settlement. "But I regret that the Siting Council did not hire its own independent expert to investigate apart from Northeast Utilities about how much underground cable is reliable," Knopp said. "Therefore, this decision was too much driven by NU and had too little independent analysis in support of the all-underground option that all the public supports."
Though the Siting Council denied a request Knopp made in May for the panel to appoint an independent expert, he said Katz last week pledged to hire an outside analyst for NU's recently unveiled proposal to place a 345-kV line from Norwalk to Middletown. Several Siting Council members, including some who voted in favor of the final ruling that passed yesterday, expressed concern before the vote about the design's reliability.
However, Siting Council member Edward Wilensky said the configuration's benefits far outweigh any disadvantages. Council member Gerald Heffernan said NU feels the configuration is reliable. Heffernan and other Siting Council members attested to the expanding demand for electricity in southwestern Connecticut. "I think it's been demonstrated that they absolutely need the power in the area," Heffernan said.
NU spokesman Frank Poirot yesterday praised the Siting Council's decision, saying it reflected wisdom and concern for all towns affected by the project. However, Poirot said NU learned the lesson that it should "go the extra mile" to ensure all towns are included in settlement talks for future projects. "The whole process has been a real lesson for us, and that's one of the more important lessons we've learned, I'm sure," he said.
The Siting Council sent inquiry letters to the five towns along the Phase 1 345kV line route on July 2, asking the towns' preference. Knopp's letter, drafted and sent Friday, says that letter contains "a hidden flaw" because it doesn't clearly say that an all above-ground line will not be under consideration. The Siting Council meets Monday in New Britain to consider its final findings of fact, a preliminary to issuing a certificate for the project. The certificate is a state requirement before it can be built.
Knopp said communities will be less than forthcoming in their support for an all-underground line because Northeast Utilities, the corporation proposing the power line, has an implied threat against the towns to revert to its originally-preferred all-overhead route. That proposal caused considerable furor in Bethel, Redding, Wilton, Weston and Norwalk. Residents along the route of Phase 1 complained that the overhead lines are not aesthetic, will lower property values, damage the environment and pose an undetermined health risk because of the electromagnetic field emanating from the lines.
The four northern towns on the route reached a compromise agreement, tabbed Configuration X, with NU, announced March 17, that would put more than half the route underground. Norwalk, which was not a party to the agreement, has objected, primarily because the lines would surface from the underground and be strung on 130-foot poles from Norwalk Junction in southern Wilton to the New Canaan Avenue electrical substation in Norwalk. The prospect of the overhead power line spurred protests in the Silvermine and Broad River neighborhoods of Norwalk after the agreement was announced.
In the interim, Northeast Utilities has announced the Phase 2 of the 345kV project from Norwalk to Middletown. That project includes a 14-mile underground stretch of cable from Norwalk to the Bridgeport area. Previously NU had said the cable could be buried only for five miles at a stretch before it needed to be strung overhead. On June 27 NU and Bethel submitted a clarification of a technical question that said that an all underground (F3) route would be a sufficiently reliable design for the project.
That submission
was followed by a June 30 submission from Wilton, Weston and Redding,
that
they supported the F3 underground solution. Norwalk issued a similar
submission
the following day. On July 2 the Siting Council asked the towns
to
clarify their position vis a vis the power line design. Friday
night,
the chief executives of towns along the line seemed to favor either the
F3 all-underground solution, or the compromise
Configuration
X.
"We have supported the F3 configuration since the beginning," said Weston First Selectman Woody Bliss yesterday. Faced with the assertion that the F3 line was not feasible, though, Bliss said Weston and the other towns negotiated Configuration X with Northeast Utilities. "We're going to back away from our agreement" with NU, he said. "So I guess you could say that sort of leaves it in NU's hands. If NU wants to go ahead with F3, terrific. But if for whatever reason they feel (Configuration) X is a better configuration, we support that, too."
Bethel chief executive Judy Novachek and Wilton First Selectman Paul Hannah said the F3 solution was their original first choice, too. Novachek said Bethel would prefer the all-underground route, but is committed to Configuration X. Hannah said Wilton, like the other towns, preferred the F3 underground solution from the beginning. But, he said, given Northeast Utilities reservations about the underground route Wilton compromised, along with the other towns, on Configuration X.
"Certainly if the Siting Council, in its wisdom, were to decide on the F3 option, we would certainly accede to that," he said. "But we are somewhat constrained by the agreement that we have come up with. We don't really have a choice (other than Configuration X) because we've made a deal." Wilton, he said, "is not inclined to break that deal." "The danger of trying to break that deal is that if we break it, then Northeast Utilities can break it -- and they all along have preferred the overhead option." Knopp said basically the same thing in his Friday submission to the Siting Council. Responses from the four northern towns, he said, "will not accurately indicate whether the four towns prefer Configuration X over F3, but only that the towns prefer Configuration X over the original all above-ground NU proposal!"
"The worst outcome," Knopp wrote, "is that the Siting Council will be delegating its authority to make the final transmission configuration decision to NU." Hannah said Knopp's assessment of the implied NU threat to return to its all-overhead proposal is probably correct. "Nothing as far as the Siting Council is off the table," he said. "The Siting Council is legally free to force an all above-ground solution, legally free to force an all-underground solution -- and, of course, it has the right to design the line itself, if you will. Certainly there are a whole bunch of options that have been presented that it could use as a guideline."
Bliss said
he doesn't know how to assess the possibility of an overhead
route.
"I don't pretend to read what's on other people's minds," he said of
Northeast
Utilities. "That's why I'm going (to the Siting Council meeting)
Monday.
I think we're all going Monday to find out what the deliberation is,
now
that they've had all the information and a chance to digest it and the
staff has looked it over thoroughly. We're very interested in listening
to their discussion, the rationale for reaching whatever conclusion
they
reach." Novachek, in Bethel, said that after two years' work on the
power
line proposal, "it's time to make a decision." "The Siting Council, I
believe,
has two viable options (F3 and Configuration X) and I think rather than
playing with it, which I don't believe is their duty, they need to deal
with the application as it stands, not go out and design something
new."
Novachek, specifically ruled out a proposal put forth by Siting Council
Chairwoman Pamela Katz and three other council members at the end of
June.
That proposal, Configuration XX, changed the compromise route,
surfacing
some lines that were to be buried and stringing them overhead on
poles.
Novachek said she would "never ever, ever, ever support the
(Configuration
XX) suggestion they made."
NU,
towns asked for stance on power line
By Matt Breslow - Stamford ADVOCATE
Staff Writer
July 10, 2003 the Connecticut Siting
Council is confused about whether Northeast Utilities plans to bury the
entire 345-kilovolt Bethel-to-Norwalk power line. The answer, an
NU spokesman reiterated yesterday, is a resounding "no."
Because a document NU and the town of Bethel jointly filed June 27 elicited varying interpretations -- even from NU and Bethel -- the Siting Council is asking both parties and Redding, Weston and Wilton to clarify which design they prefer before the panel makes a decision this month.
In letters that seek responses by tomorrow, the Siting Council offers NU and the four towns a simple choice: Either reiterate support for the compromise design they announced in March, or endorse an all-underground route. The Siting Council could make a final ruling on the Bethel-to-Norwalk line at a special meeting on the project Monday.
NU spokesman Frank Poirot yesterday said his company plans to submit a response to the Siting Council's letter echoing a statement he made last week: Despite speculation to the contrary, NU does not favor an all-underground route. Siting Council Executive Director Derek Phelps said he sent the letters seeking clarification because the document NU and Bethel jointly filed last month said that an all-underground line would be adequately reliable, evoking speculation the company decided it now prefers that option.
In the wake of the NU/Bethel filing, Redding, Weston and Wilton officials submitted a document on June 30 asking the Siting Council to "strongly consider" forcing NU to bury the entire line. Norwalk filed a document July 1 stating it appeared NU and the four towns were endorsing an all-underground line, and urging the Siting Council to agree to that design as well.
Phelps said the Siting Council is seeking clarification on the positions of NU and the four towns because the compromise design announced in March would bury only part of the project, while placing 345-kilovolt lines above ground in other places -- including in Norwalk, where 130-foot poles would be erected. "We felt that it was appropriate to ask that they clarify their position," Phelps said. Poirot said NU still supports the four-town compromise announced in March.
Weston
First Selectman Woody Bliss
said his town along with Redding and Wilton -- and possibly Bethel --
will
submit a joint response telling the Siting Council they continue to
support
the settlement with NU. Bliss said the response will state that
before
the compromise was reached, the
towns had called for NU to bury
the entire line. The towns will resume support for an all-underground
line
only if NU decides to make that design its preference, Bliss
said.
An attorney for Bethel declined to say what his town's response will
be,
because it has not yet been filed with the Siting Council.
Phelps said he did not send a letter to Norwalk requesting clarification of the city's position on the project because Norwalk was not part of the settlement with NU. After speculation emerged that NU had changed its stance at the eleventh hour, Poirot last week said there was no new information in the company's joint filing with Bethel, which was submitted simply to correct a perceived misunderstanding on the Siting Council's part.
The Siting Council had begun deliberating on the Bethel-to-Norwalk project last month, and discussed two possible alternatives to the four-town settlement. One change would shorten the height of poles in Norwalk, while the other would increase the number of above-ground lines in Bethel. Poirot said NU believes the Siting Council raised the proposed changes, which angered Bethel officials, out of concerns about the compromise design's reliability. The June 27 filing was simply meant to ease the Siting Council's fears about the settlement, Poirot said.
He said NU's response to the Siting Council's recent query will state the company's first choice for the Bethel-to-Norwalk line would have been placing the entire project above ground, for economic and reliability reasons. However, Poirot said NU will make it clear the company continues to honor the agreement it made with Bethel, Redding, Weston and Wilton. The recent changes to the compromise design mulled by the Siting Council are also acceptable to NU, Poirot said.
He
said the company's response to
the Siting Council will reiterate an all-underground line would be
adequately
reliable, but not as dependable as the compromise design.
"What the hell did we go down this road for?" asked Novachek of her town's negotiations with Northeast Utilities. "Why didn't they say upfront, 'Look, this is the way it's going to be.'" Novachek responded Tuesday to a proposal by members of the state's Siting Council to route high-voltage power lines around Bethel's Educational Park above ground, rather than have them follow two below-ground paths. Bethel was one of four towns north of Norwalk that negotiated a plan with Northeast Utilities, announced in March and called Configuration X, to place much of a new 345-kilovolt circuit below ground within their borders that the utility had intended run above ground between poles as tall as 130 feet. The other towns were Redding, Weston and Wilton, with the agreement resulting in the 345-kilovolt circuit completely bypassing Weston.
In announcing the proposed revision to that agreement Monday, the chairwoman of the state's Siting Council, Pamela B. Katz, said the benefit to Bethel of modifying the agreement would be moving an existing 115-kilovolt overhead transmission line off the Educational Park's property. But under the revision, the 115-kilovolt circuit would be strung between poles along with the new 345-kilovolt lines through an area where the agreement called for them to be buried.
Putting the 345-kilovolt lines above ground would eliminate the need to use a type of cable NU has described as technically difficult to install and of uncertain reliability at that voltage. Katz revealed the proposal, called Configuration 20, at the council's New Britain headquarters during a meeting where its members reviewed a revised report on the proposed 345-kilovolt Bethel-to-Norwalk circuit. Katz said she and three other members of the council, working as a sub-committee, developed the proposal unbeknownst to the rest of the council, the utility, or other interested parties, few of whom sent representatives to the sparsely attended meeting.
The proposal also calls for burying one of two existing aboveground 115-kilovolt lines in Norwalk, along with a 27.6-kilovolt line, leaving another above-ground, 115-kilovolt line in place. As a result, the new 345-kilovolt lines could be strung between structures either 90- or 108-feet tall, instead of the 130-foot-tall monopoles the utility planned to install along its existing right-of-way from Wilton to its Norwalk sub-station on New Canaan Avenue.
Mayor Alex Knopp did not respond to a request Tuesday to comment on the sub-committee's proposal. NU spokesman Frank Poirot said on Tuesday that the company's initial response to the proposal was that it found the council's "attention to reliability encouraging," referring to its eliminating the need to use a type of cable in the 345-kilovolt circuit the company believes might be undependable.
Poirot said the company needed more time from an engineering standpoint to consider what the proposal's new route around the Bethel Educational Park would entail before commenting on that aspect of it. At the same time, Poirot said, the final decision on the overall project is "far from over" in the council, whose members, he said, need more time to consider Configuration 20.
In Norwalk, the project has drawn vehement opposition, particularly from residents in the Silvermine and Broad River areas of the city, where the new 345-kilovolt circuit would follow an existing right-of-way adjacent to Route 7 that already has poles 71 to 100 feet tall. "Obviously it's a lot better than 130-foot-tall poles," said Leigh Grant, president of the Norwalk Association of Silvermine Homeowners, "but it's still (an overhead) 345-kilovolt line, which is scary." Grant, who wants the new circuit to be entirely underground, said she felt health and safety issues have been "thrown away" during the planning process, adding, "I'm really concerned about (electro-magnetic fields), and really concerned about the line breaking."
Grant said
she believes NU is wedded to using overhead transmission systems, and
has
the money and technical experts to force their acceptance.
"We've said
all along (NU) is using 19th-century technology. I think (they) sold
their
information to the Siting Council and they bought it." Norwalk
state
Rep. Robert Duff, D-137, said he advised taking a wait-and-see attitude
on the proposal. Duff, who has been actively presenting the
concerns
of residents about the power lines throughout the planning process,
saluted
the Siting Council "for acting as an independent body, as it should be."
Duff described
Katz as "a pretty smart lady who wants to help Norwalk." But from
Bethel's
perspective, Novachek takes the opposite view. "I don't know
where
on earth she's coming from," said Novachek of Katz's proposal, "and I
absolutely
will not stand still and say that it's going to be buried in Redding
and
Wilton, and it's not going to be buried here. They damn well are not
going
to do that." Katz said Monday she wants the council to conduct a final
vote on the project July 22.
Shorter
poles possible
By HAROLD
F. COBIN, June 17, 2003 HOUR
NEW BRITAIN
-- Four members of the state's Siting Council announced Monday a
proposal
to modify an agreed-upon plan for running high-voltage power lines from
Bethel to Norwalk that would allow shorter support structures to be
used
to carry the lines through Norwalk while increasing the overall
reliability
of the project. Dubbed Configuration 20 by the council members
who
met as a sub-committee to develop it, the proposal also calls for
routing
the new and existing transmission lines around the Bethel Educational
Park,
and eliminates the need for an above-to-below ground transition station
on Whittlesey Drive in that town.
It also would eliminate the need along any portion of the 345-kilovolt circuit to use a type of cable that the utility said is technically difficult to install and of uncertain reliability at that voltage. The proposal was revealed at a meeting of the full council after its members reviewed and requested changes to the latest draft of the Findings of Fact about the project prepared by the council's staff.
The Configuration 20 proposal would modify Configuration X, a plan hashed out between the project's sponsor, Northeast Utilities, and the four towns north of Norwalk the line was originally routed to travel through: Bethel, Redding, Weston and Wilton. Commonly referred to as the "Four Towns Agreement," Configuration X would eliminate the need for the 345-kilovolt circuit to go through Weston.
According to documentation from the Siting Council released Monday, before Configuration 20, 18 configurations had been proposed for the new transmission line, including so-called "mix and match" configurations that varied where and by how much it would run below ground. The documentation said the project as originally proposed by NU with an all-overhead route had an estimated capital cost in 2002 dollars of $124 million. Each plan thereafter that included greater and greater lengths of the circuit below ground showed increased projected costs, with NU estimating Configuration X to cost $177 million.
No cost was discussed Monday to implement Configuration 20. The Siting Council serves as arbiter between applicants and local interests in deciding where the infrastructure of power companies, hazardous waste generators, and telecommunications providers may be placed. The utility intends to run 345 kV transmission lines along an existing right-of-way from Plumtree sub-station in Bethel to Norwalk sub-station on New Canaan Avenue. Under Configuration X, the lines would stretch 26.6 miles. NU has argued that running a high-voltage power line underground a distance of 20 miles or more would require greater use of cable encased in a conduit filled with an insulating fluid under high pressure. During a public hearing on the proposed transmission line, the fluid was described as non-toxic, but remained a risk of leaking into the ground.
As an alternative, the utility said it could use a non-fluid-insulated solid cable called cross-linked polyethylene cable, or XLPE, but said it is of unproven reliability at 345 kV. Under Configuration 20, XLPE cable would be used only for the 115 kV circuit, which the utility considers a reliable application.
The planned 345 kV Bethel-to-Norwalk circuit has been a target of fierce opposition since Northeast Utilities applied to the state to install it in October 2001 because, as originally proposed, it would be strung between 130-foot-tall monopoles. Under a plan negotiated between the utility and Bethel, Redding, Weston and Wilton announced in March, substantial portions of the circuit would run below ground in those communities. But beginning in Wilton, the line would rise aboveground at "Norwalk Junction," a location south of the intersection of routes 7 and 33 opposite the USA Storage facility. From there, it would run parallel to Route 7, suspended on 130-foot-tall monopoles, to NU's Norwalk sub-station on New Canaan Avenue.
The revised and at the time little publicized plan drew a storm of opposition from Norwalk residents when they learned the city had not participated in the agreement. The height of the poles has drawn sharp opposition from residents in the Silvermine and Broad River areas of the city, which border the existing right-of-way with poles 71 to 100 feet tall.
From the beginning, the issue of contention between the utility and the affected municipalities has been over how much of the circuit must be above ground. The utility has argued that running it underground will make it more costly and less reliable, while the communities objected to its impact on property values where it was above ground.
For Norwalk, Configuration 20 calls for burying one of two existing aboveground 115 kV lines, along with a 27.6 kV line, leaving another aboveground 115 kV line in place. As a result, the new 345 kV lines could be strung between structures either 90 or 108 feet tall. In Bethel, an existing 115 kV circuit that runs above ground through the Bethel Educational Park would be re-routed around the park above ground with the new 345 kV circuit.
Besides CSC Chairman is Pamela B. Katz, Configuration 20 was developed by the council's vice chairman, Colin C. Tait, Brian J. Emerick, designee for Arthur J. Rocque Jr., the state's commissioner of the Department of Environmental Protection, and member Philip T. Ashton. During several straw votes on Monday after Configuration 20 was announced, council members expressed numerous misgivings about the circuit's proposed route.
In opening discussion on Configuration 20, Katz said it was proposed "in the spirit of trying to preserve the (Four Towns) settlement, and perhaps improve upon it." Katz said she thought the council should "do something" for Norwalk, "even though Norwalk didn't camp out at our door the way the other towns did." Katz indicated she would not endorse Configuration 20 if it resulted in the four towns demanding to reopen negotiations with NU, a view not shared by Tait, who said, "We should be influenced by the settlement, but not bound by the settlement."
"They have a settlement. Leave it alone," said Gerald J. Heffernan, designee of Donald W. Downes, the chairperson of the state's Department of Public Utility Control. Heffernan called Configuration 20 "a terrible risk" because the council did not know what was considered when the towns negotiated with NU. In response, council member Daniel P. Lynch Jr. said the towns "worked out a compromise. This is another compromise. If we can't tweak this plan, why are we here?"
"I think we started out with a Ford and ended up with a Ferrari," said council member Brian O'Neill of the range of proposals the project has elicited. O'Neill said current technology prevents his preference of putting the entire circuit underground, adding, "Anytime there is this much undergrounding, there are going to be unknown costs. I'd be surprised if this project comes in on budget." Katz said the negotiated agreement between NU and the towns resulted in something that is "technically not the best solution," and not "the best engineering." Katz said that had revisions to the route originally proposed by NU been left up to the council, it would have less "porpoising," the utility's term for a power line that repeatedly transitions from above- to below ground.
Configuration X "has Flipper and he's brought along several of his friends," Katz said. Monday's meeting concluded with Katz saying she would direct the council's staff to revise the project's draft of Findings of Fact based on comments the members made, and to prepare a draft Opinion, Decision and Order, which will state the council's decision on whether and how to install the new circuit. Katz said she intended to have a vote on the Opinion, Decision and Order at special meeting July 22.
NU wants to install the 345 kV circuit because southwestern Connecticut is considered a "congested" area by power officials, with inadequate local generation capability, and where the transmission lines into the area approach capacity during heavy summertime demands for electricity. In the past, the cost of installing transmission lines in New England has been spread across the region's entire ratepayer base, known as "socialization." But after 2007, the cost of installing the new 345 kV transmission line could be borne only by the ratepayers in southwestern Connecticut.
Objections to Duff's rider came immediately from the towns north of Norwalk on the Phase 1 line -- Bethel, Redding, Wilton and Weston. "We all had concerns, those of us that have been involved in this (Phase 1 controversy) from Day One, in terms of the agreement reached by my towns, that this would upset the entire apple cart should (Duff's amendment) go through," said state Sen. Judith Freedman, R-26. "I think it was a threat to everybody who came to the table and made the agreement." That so-called "Four Towns" agreement placed the 345-kilovolt line underground for more than half the distance in the Phase 1 project. Near the Wilton-Norwalk line, however, Northeast Utilities proposes to string the line on 130-foot overhead power poles. Northeast Utilities and the four municipalities announced the agreement in late March.
Norwalk Mayor Alex Knopp has since criticized the agreement, saying Northeast Utilities misled the city about available technologies and that the city was surprised by the agreement between the four towns and NU because those talks were protected by a confidentiality agreement that prevented discussing the negotiations. Knopp announced that although Norwalk was not a party to the agreement, he had sought assurances from NU that it would not extend high voltage lines across Norwalk to serve "Phase 3," a projected line from the Manresa Island power plant to Long Island to sell electricity to the Long Island market.
At
a Siting Council hearing on the
Phase 1 compromise last month, Knopp argued that Norwalk's portion
should
be placed underground. The Siting Council in effect told Norwalk
and NU to work out their differences and return to the council with a
plan,
and that it would issue a ruling only if the differences could not be
worked
out. Duff's amendment sought to legislatively mandate burial of
the
line. State Rep. Lawrence Cafero, R-142, said that although the
amendment
passed the House, representatives knew it would have difficulties in
the
Senate. Representatives from Phase 1 communities were afraid the
provision
would affect their already-negotiated agreement, he said, while
legislators
from Phase 2 communities did not want a provision regarding Phase 1 to
clutter up a bill that was aimed at the Phase 2 project.
Other objections, he said, came
from legislators who said the legislature was trying to preempt the
Siting
Council's authority to dictate the placement of power lines and other
projects.
In the interim between Friday and Wednesday, 29 amendments were offered
to the bill. All those were stripped out, along with Duff's amendment,
and the bill was presented the House at 11:50 p.m. Wednesday.
"This was the compromise that the chairs and ranking members of the committees put together that they thought would get everybody's approval, which basically it did," Freedman said. The resulting bill now says basically what it originally did before the amendments. It said that there is "a rebuttable presumption" that portions of the Phase 2 line in residential areas that are buried meet "a public benefit." Portions of the line in commercial and industrial areas, the bill said, are presumed to meet "a public need." In regulatory terms a "public need" is sometimes considered a more difficult proposition to prove than is a "public benefit." Freedman said the effect is to set a lower standard for proponents of burying the line.
"That was pretty much the explanation we received on the floor, so that made sense to me," she said. "It doesn't have any impact on any of the agreement that have already been made, which from my vantage point was very important." For Norwalk residents opposed to power lines in their neighborhoods, the outlook is unclear. Cafero said the passage of the bill prejudices negotiations with Northeast Utilities over the Norwalk portion of the phase1 345kVproject.
"They don't have to give in to anything," he said. Northeast Utilities corporate spokesman Frank Poirot said the company isn't sure what the legislation will mean. "We should have a clearer idea of what it says tomorrow (Friday)," he said. "We don't know what impact it would have on Phase 1, which is really in the Siting Council's hands right now." As for the difference between "public need" and "public benefit" for Phase 2, NU doesn't think there is a distinction, he said. "We're still trying to figure out if (underground construction) is mandated or strongly recommended," he said. "We'll probably know that tomorrow after we've had a chance to look at it some more."
The
proposal, which cleared the Senate
last week, will mean bigger electric bills for most Connecticut
consumers,
who on average are likely to pay at least $5 or $6 more per month per
home.
Supporters argue that it will protect consumers from much more drastic
price spikes, however, while raising prices enough to attract new
suppliers
and creating the competitive market that lawmakers envisioned when they
first deregulated the
state's electric industry in 1998.
“We
don't expect competition to develop
overnight ... certainly not in the attention span of this legislature,”
said state Rep. Terry Backer, D-Stratford, who crafted the new bill
with
Sen. Melodie Peters, D-Waterford. But Backer said the bill improves the
1998 law, ensures that the
state's utilities can remain in
business, and sets new standards to promote the use of renewable energy
sources to protect the environment.
The bill caps rates at 1996 levels, an increase of about 10 percent, until Jan. 1, 2007. The current cap, known as the standard offer, is set to expire at the end of this year. Consumer advocates have predicted that electric rates will jump dramatically without a new cap in place. Lawmakers say the state needs to increase the cap because it was set too low in 1998. New suppliers have been unable to match the standard-offer rate and still make a profit, making it nearly impossible for a competitive market to emerge. A few companies have entered the market but dropped out, leaving Northeast Utilities and United Illuminating as the state's dominant suppliers.
The House passed the bill Tuesday on a vote of 121 to 25 after nearly four hours of debate. Critics sought to eliminate some of the extra fees that utilities will receive, extend the standard offer for residential customers, and set smaller rate increases tied to the consumer price index, but all amendments failed by wide margins.
“We would never have passed any bill (in 1998) if the companies didn't agree to it,” said state Rep. Vickie Nardello, D-Prospect, who led the House effort to defeat the rate increase. “They are now asking us to pay them more money for what they agreed to do in 1998.” Nardello and other opponents argued that many residential customers could actually end up paying about $16 more each month, with increases possibly topping 20 percent after counting increases from federal mandates. She complained that lawmakers have flip-flopped the purpose of the 1998 law. “Wasn't our goal to lower prices by generating competition,” she asked rhetorically, “or was it to generate competition by increasing prices?”
But supporters of the legislation warned that Connecticut could face an energy crisis increase if it keeps rates artificially low and forces utilities to operate at a loss as their costs increase. “The real question is not what are the utilities getting out of this bill,” said Rep. Kevin DelGobbo, R-Naugatuck. “The real question is what are the ratepayers getting out of this bill. It is fundamentally in the best interests of ratepayers to ensure the viability of these suppliers. These utilities are not companies like Joe's Hardware down the street, where if it goes under, we just go to Home Depot instead.” Utility companies are the tires on which Connecticut's economy rolls along, he said.
DelGobbo
is the ranking member of
the legislature's Energy and Technology Committee, of which Peters and
Backer are co-chairmen. The committee leaders negotiated the new
legislation
over the last 18 months with consumer advocates, retail and wholesale
electricity
providers and federal regulators. Backer highlighted provisions
in
the bill that are meant to clean up Connecticut's air and protect the
environment.
The measures include a plan to gradually increase the state's
proportion
of electricity drawn from renewable, clean energy sources —such as
wind,
solar and hydropower — from one-half of a percent to 10 percent by
2009.
Critics have complained that the 1998 law set impossibly high
requirements
for so-called green
energy.
Rowland's spokeswoman, Michele Sullivan, said the governor would likely sign the bill on Monday. “He believes it contains a good balance of protections for consumers as well as the electric industry,” she said. Only three Republicans voted against the bill Tuesday, along with 22 Democrats. One of the Republicans, Rep. Diana Urban, R-North Stonington, said she believed the rate increase would pose too much of a financial burden on small businesses, the elderly and other residents on fixed incomes.
But
Rep. Michael Caron, R-Danielson,
said the state should deregulate the electric industry altogether and
eliminate
the price controls to spur competition and ultimately bring prices
down.
“Artificial price caps encourage waste and reduce conservation,” Caron
said, and hurt the environment by making it financially difficult for
green
power suppliers to do business in Connecticut.
Hartford — Consumers would pay more for electricity under legislation that passed the state Senate last week and heads to the House of Representatives today. The bill is intended to improve upon the 1998 deregulation law that failed to create competition. The new legislation is intended to protect consumers from drastic price spikes, while increasing price caps enough to generate competition.
The changes would add about $5 or $6 to the average consumer's monthly bill. The state Senate voted 33-2 last week to approve the plan. Besides controlling electricity prices, the proposal is meant to clean up Connecticut's air by requiring utilities over the next several years to draw more energy from renewable sources, such as fuel cells, solar power and wind. The plan is the result of 18 months of negotiations among legislators, consumer advocates, retail and wholesale electricity providers and federal regulators.
“It's our hope that this will turn the electricity market around the same way competition turned around telephone long-distance rates,” said state Sen. Melodie Peters, D-Waterford, the chief architect of the 1998 deregulation law and this year's changes. “The more competitive the market becomes, the lower the rates will be.”
Lawmakers have made it a priority to pass the legislation before they adjourn June 4, because the price controls put in place in 1998 will expire at the end of this year. The new plan calls for raising the rate cap about 10 percent. The new cap would remain in place through the end of 2006. "We need to increase those rates in order for the market to be viable, but to make sure they (utilities) don't go hog wild, we're capping the rates,” Peters said. The changes are supposed to make right what the 1998 act got wrong.
The deregulation law divided the generation, transmission and sale of electricity into separate businesses, forcing utilities to sell their power plants. Lawmakers hoped new suppliers would enter the market and electricity prices would drop as a result of competition. For consumers who didn't choose a new supplier, the law required large companies — such as Northeast Utilities and United Illuminating — to provide electricity at a "standard offer” rate, which the state set at 10 percent below the rates charged in 1996, thus guaranteeing savings for consumers.
The price controls stifled the new market, however, and lawmakers now concede that they set the rate too low. Suppliers have been unable to beat, or even match, the standard-offer rate and still make a profit. A few companies, such as the Connecticut Energy Cooperative and Green Mountain Energy Co., entered the market but soon dropped out. Those two companies had hoped to attract consumers by promising to supply electricity only from environmentally friendly, renewable-energy sources. “Unfortunately, we set the standard offer so low they just couldn't compete,” Peters said. “Especially if they were buying green energy, which tends to be more expensive.”
By allowing the 10 percent increase, the new plan effectively caps rates at 1996 levels. Supporters hope the higher cap will lure new suppliers into the market and help keep current suppliers in business while protecting the state's nearly 1.5 million consumers from “sticker shock” in the meantime.
“This allows a balance. It lets the distribution companies make the investments we need to ensure a safe and reliable infrastructure, while mitigating any dramatic price increase for consumers,” said Chris Riley, spokesman for Connecticut Light & Power, the largest subsidiary of Northeast Utilities. The company distributes electricity to more than 1 million customers in 149 cities and towns. A typical consumer with a monthly bill of 500 kilowatt-hours, which hovers around $61, should end up paying about $6.25 more, Riley said. The new law does not directly impact municipal utilities, which remain exempt from the deregulation legislation. There are municipally operated electric utilities in the City of Groton, Jewett City, Bozrah and Norwich. Consumer advocates are not thrilled with the extra fees that the utilities would earn, but they support the overall proposal nonetheless.
“We
think it's a good bill,” said
Bruce Johnson, litigation attorney for the state Office of Consumer
Counsel,
which works specifically on utility issues. “It has a lot of
protections
in it, not only with rate-relief goals, but also for the
environment.”
The environmental measures include a plan to gradually increase
Connecticut's
proportion of renewable, clean energy sources, such as wind, solar and
hydropower. Critics have complained that the 1998 law set
impossibly
high requirements for the amount of electricity that suppliers had to
draw
from green sources, so this year's
legislation reduces the levels —
at first.
The
requirement starts at half a
percent and rises to 10 percent by 2009, said state Rep. Terry Backer,
D-Stratford, who serves with Peters as co-chairman of the legislature's
Energy and Technology Committee. The gradual increase in clean
sources
of electricity is intended to reduce Connecticut's dependence on oil
and
gas. “We have some of the worst air in the country,” Backer
said.
Both Backer and Peters expect the House to approve the legislation
today,
sending it to Gov. John G. Rowland, but the debate there will probably
contain a bit more drama than in the Senate.
“The House has some more liberal
members who feel the distribution companies should get nothing,” Peters
said. “But you can't do that and expect them to have the resources they
need to keep the lights on.”
At the Conference of New England Governors and Eastern Canadian Premiers, held at the Mystic Marriott, all six New England governors and five Canadian premiers supported a resolution calling for the Bush administration to change its stance on the rule change announced two weeks ago. The change will allow older power plants to upgrade their facilities without adding pollution controls required by the Clean Air Act.
“We're worried, we're concerned this is a backward step,” said Jean Charest, the premier of the province of Quebec, who added he believed the rule change was a “backing away” from the two countries' commitments to controlling cross-border air pollution. Gov. John G. Rowland, co-chairman of the two-day conference, said the rule change was of great concern to all the northeastern states and their attorneys general. “We are all very disappointed with the EPA's decision of two weeks ago,” Rowland said.
As much as 50 percent of the Northeast's air quality problems stem from older, coal-fired plants in the Midwest, particularly the Ohio River Valley, which belch the sulfur dioxide and nitrogen oxides that lead to acid rain and smog. If those plants, and others, are allowed to operate without adding pollution controls, northeastern efforts to clean up the air will be useless, officials fear.
According to Chris Recchia, executive director of the Washington D.C.-based Ozone Transport Commission, emissions from “point sources” like power plants have been reduced by 60 percent in New England through various programs. But, Recchia said, “we are running out of tools and last week's announcement by the Bush administration to minimize the ... rules will further exacerbate the situation.”
When the Clean Air Act was adopted in the early 1970s, lawmakers exempted older power plants from new emissions standards, assuming those plants would eventually cease operations. Instead, plants continued to upgrade, extending their operations without complying with the federal rules. To combat this, in 1977, the so-called New Source Review Provision was added to a newly updated Clean Air Act, which said that older plants had to add new pollution controls when they upgraded but not when they conducted “routine maintenance.”
The change announced two weeks ago by the Bush administration expands the definition of routine maintenance by saying power plants can spend 20 percent of the cost of the main generating unit, called a “process unit,” of the plant to replace other equipment. That means, critics say, that as many as 17,000 old power plants can each spend millions of dollars extending their operations without adding pollution controls.
The EPA, however, says the re-definition of the equipment replacement provision will allow power plants to more efficiently control pollution on their own. Attorneys general from New York and Connecticut say they plan to challenge the rule, and have filed lawsuits challenging previous changes to the New Source Provision. “This resolution is highly significant as an official bipartisan repudiation of the Bush administration's anti-environment policies in support of our fight in court,” said Connecticut Attorney General Richard Blumenthal in a statement Tuesday. “This united front by all New Englanders sends a message: We will not surrender. We will confront and defeat the administration's dictatorial edict illegally gutting the law and inflicting death and disease on our citizens. This historic initiative should give the administration a solid jolt of legal and political reality.”
Lawmakers said Tuesday they hoped the resolution will prompt the administration to rescind the rule change before the lawsuits progress. “It really is a significant statement,” said Brooke Suter of the Connecticut Climate Coalition. “I think the message is that the governors and premiers (whose states and provinces) are greatly affected by this air pollution are not going to stand for a weakening of the laws that should be there to protect the citizens. We would hope that this signal would encourage other governors in the states to similarly stand up for the health of their citizens.”
The resolution adopted Tuesday also calls on the EPA to “uphold the spirit and the letter of the Clean Air Agreement between Canada and the United States.” That agreement, signed in 1990, committed both countries to controlling trans-border pollution.
The governors of the New England states and the premiers of eastern Canadian provinces are meeting at the Mystic Marriott Hotel for their annual three-day conference. They heard Monday that while the Northeastern region has ample power from a range of generation sources throughout the New England states, New York and Canada, bottlenecks in the transmission lines prevent power from reliably reaching areas where the demand is greatest. Those include southwestern Connecticut, which lost power during the mid-August blackout.
“It's a very weak, stretched system,” said Stephen G. Whitley, vice president and chief operating officer of ISO-New England, the company that manages the New England power grid. “In Connecticut we drastically need more transmission if we can get it.” In fact, leaders pointed out, some power generators in New England are facing bankruptcy because the power they generate has no place to go. Yet in southwestern Connecticut, older, inefficient and polluting generators still need to operate to serve customers there because insufficient lines bring in power from elsewhere.
"If you can't get it out on the system,” Whitley said, “you may as well not have it.” The goal of deregulating the power industry, a process that began in the 1990s, was to enhance supply reliability by interconnecting power suppliers in different states and Canadian provinces, as well as to bring costs down for the consumers.
But the newly interconnected system and the competitive marketplace have flooded an outdated transmission system with more power than it can reasonably handle, constraining the flow of inexpensive, cleaner power to consumers. Additionally, experts say, the industry is not required to adhere to standardized rules, creating inconsistencies from place to place. “Reliability standards must become mandatory,” said Gordon van Welie, the president and chief executive of ISO New England, adding that there should be penalties for companies that fail to meet the rules.
“The secret
to making deregulation successful is to have adequate infrastructure,”
van Welie said at Monday's conference. “The other thing is to
have good
market rules.” Welie and others also stressed the need to remove
barriers to improving the transmission system. In Connecticut, for
example,
the construction of two high-voltage cables needed to pipe power into
Fairfield
County has stalled because local communities don't want the cable
running
through their towns. Welie said he believes states should have control
over siting approval for these lines, but that a centralized,
regional authority
should also have some leverage if the states can't see the projects
through
on their own.
“We are having an awful lot of trouble siting transmission lines,” said David Boguslawski of Northeast Utilities, noting that Southwestern Connecticut, which has the weakest part of the grid, uses 50 percent of the state's energy consumption. Boguslawski said that in order to address the problem, the federal government should get involved, something New England leaders are hoping to avoid.
Canadian premiers in attendance at Monday's conference said they had ample power to continue exporting it to New England for now. “We have more energy capacity than all of New England and the maritimes combined,” said Jean Charest, the premier of the Quebec province. But, he said, the province will reach capacity in 2005.
In the meantime, industry members said, at this point in the deregulation process, systems throughout the Northeast need to be synchronized. “We are all interconnected as part of a system,” said Boguslawski. “But that has some ramifications... Sometimes the rules don't match the system.”
The proposed project would consist of two 115-kilovolt lines that would run side by side from the power substation on Norwalk's New Canaan Avenue to a substation on Hamilton Avenue in Stamford's Glenbrook neighborhood.
Earlier this month, the power company met with the first selectman and mayors of the towns through which the line would run and would talk to more elected officials in coming months. Public hearings may be held in the next two months, after which the company would present plans to the Connecticut Siting Council.
The utility hopes to start work on the project in 2006 and complete it in the following year, said Frank Poirot, a CL&P spokesman. It is likely to be less controversial than CL&P's proposed 345-kilovolt line from Bethel to the Norwalk substation because the Stamford line is smaller and would be underground.
But determining the path of the transmission line -- installation of which is likely to result in closed roads and traffic delays -- may pit the interests of the four municipalities. The power line would either run to the north through New Canaan and Stamford or south through a large chunk of Norwalk and Darien.
The northern route would run alongside Route 123, across Farm Road and down Route 106 through Stamford. "Our preferred route is the southern route," Stamford Democratic Mayor Dannel Malloy said. "We are looking at what is the least disruptive to the Stamford community."
To have Hope Street, a major throughway, tied up in construction would be a "disaster" for Stamford, Malloy said.
Republican First Selectman Judy Neville of New Canaan agreed. "Our preference is obviously the southern route because we want to keep it out of New Canaan," she said. To run the line through her town would add to its length, as well as mean construction on narrow roads, Neville said. It's unlikely the power line would be connected to the New Canaan substation, but if it were, that may make the northern route attractive.
Poirot said connecting New Canaan is a possibility, but no decision has been made. The new power connection also would help reliability throughout the area by stabilizing the power grid, he said.
The second possible route would run farther south along Norwalk's Connecticut Avenue and the Post Road through Darien. That would be terrible for Norwalk, Democratic Mayor Alex Knopp said. Norwalk would already have to deal with the disruption from the Bethel to Norwalk line and a second phase of the power transmission project that would install a 345-kilovolt line from Norwalk to Middletown, he said.
The cumulative effect of these massive construction projects at the same time would be a substantial disruption of business and traffic along Norwalk's two main business corridors, Knopp said.
Norwalk "deserves some special consideration" because it would already be the site of power line construction, he said. "Our part of the state needs to improve its electric system and everyone will have to play a role," Malloy said. Stamford has dealt with such problems, including the recent upgrade of the Glenbrook substation, which the power line from Norwalk would feed into.
Darien First Selectwoman Evonne Klein also would prefer the power line run through New Canaan, rather than along the Post Road. "Darien is happy to do its part," she said. "We need to look out for our town and how this project will affect Darien."
When an accident stops cars on Interstate 95, traffic streams through Darien on the Post Road, she said. Having CL&P burying a large power line next to or under the road would make it that much worse, Klein said. A bridge repair project is slated for the interstate overpass for the next few years. That, combined with the power project, could tie up traffic in the center of town, she said.
The Norwalk to Stamford line, whatever route is chosen, almost would certainly be less controversial than the Bethel to Norwalk line, said Robert Forrester, a founder of the Woodlands Coalition, which opposed some aspects of the 345-kilovolt line.
Almost everyone agrees that southwestern Connecticut needs more power. And by burying the line, the risk of diminished property values and the fear over possible health problems from overhead lines are reduced, he said.
"I don't think
they will get much opposition," Forrester said.
