March 11, 2011
Eminent Domain Still a Key Issue
The Science, Technology and Energy committee voted to retain HB 648--pertaining to the use of eminent domain for projects like Northern Pass--rather than send it on to the legislature for a vote. (See Gary Rayno's story in the Union Leader here.) The hundreds of Northern Pass opponents who showed up at the Statehouse on Wednesday in support of the bill and the thousands of others who share their opinions are understandably wondering why elected officials continue to ignore the overwhelming public sentiment against the Northern Pass proposal. However, legislative politics work in funny ways and there's reason to think that the legislature may take up the important issues aired thanks to yesterday's committee hearing. Stay tuned.
March 10, 2011
Cart Before the Horse for Eminent Domain
Whatever the legislative outcome of HB648, the bill that would restrict the use of taking of land through eminent domain for the purpose of a private, large-scale transmission line, yesterday's committee hearing served to air important legal and constitutional issues surrounding the Northern Pass proposal. More than 150 landowners and others opposed to Northern Pass showed up to express their support for the bill.
Issue #1: Jim Dannis of Dalton summarized one of the most troubling issues, pointing out that because Northern Pass is a commercially funded proposal (not in the rate base of the public utility), it has essentially sidestepped a crucial part of the process--the determination of public benefit or need great enough to warrant the use of eminent domain. The private nature of the proposal is reinforced by the fact that the transmission line would be for the sole use of Hydro-Quebec and its client, Northern Pass. "In other states," Dannis testified, "the process of determining need comes at the front of the process. [With Northern Pass] we are left to twist in the wind for years as a result of the process here." Dannis argued that HB648 fixes that problem and "puts into legislation what is in the constitution."
Issue #2: Which brings us to a second big issue. As Bob Baker of Columbia pointed out, the Northern Pass proposal would almost certainly be challenged on consitutional grounds on the basis of Article 12-a in the New Hampshire Bill of Rights.
[Art.] 12-a. [Power to Take Property Limited.] No part of a person's property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property.
It would seem that at the very least Northern Pass as proposed is facing years of litigation regardless of the outcome of its Presidential Permit and state Site Evaluation Committee. As landowners pointed out, the mere spectre of this proposal has dropped property values in towns along the proposed 180-mile corridor and brought real estate transactions to a virtual halt.
You can read a fair summary of the hearing by Paula Tracy in the Union Leader here. Kathy McCormack's Associated Press story ran in the Concord Monitor.
The bill is sponsored by Colebrook Rep. Larry Rappoport, among others, and is coming out of the Science, Technology and Energy Committee.
Issue #1: Jim Dannis of Dalton summarized one of the most troubling issues, pointing out that because Northern Pass is a commercially funded proposal (not in the rate base of the public utility), it has essentially sidestepped a crucial part of the process--the determination of public benefit or need great enough to warrant the use of eminent domain. The private nature of the proposal is reinforced by the fact that the transmission line would be for the sole use of Hydro-Quebec and its client, Northern Pass. "In other states," Dannis testified, "the process of determining need comes at the front of the process. [With Northern Pass] we are left to twist in the wind for years as a result of the process here." Dannis argued that HB648 fixes that problem and "puts into legislation what is in the constitution."
[Art.] 12-a. [Power to Take Property Limited.] No part of a person's property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property.
It would seem that at the very least Northern Pass as proposed is facing years of litigation regardless of the outcome of its Presidential Permit and state Site Evaluation Committee. As landowners pointed out, the mere spectre of this proposal has dropped property values in towns along the proposed 180-mile corridor and brought real estate transactions to a virtual halt.
You can read a fair summary of the hearing by Paula Tracy in the Union Leader here. Kathy McCormack's Associated Press story ran in the Concord Monitor.
The bill is sponsored by Colebrook Rep. Larry Rappoport, among others, and is coming out of the Science, Technology and Energy Committee.
March 8, 2011
DOE Scoping Hearing Schedule
There are now seven scheduled Department of Energy Environmental Impact Statement Public Scoping hearings, with the first scheduled for Monday, March 14 in Pembroke. Note that the meeting place for the Plymouth hearing on Friday March 18 has been changed from a previous announced location.
The Forest Society will be attending all hearings. We have registered to speak at the first hearing in Pembroke.
Here's the DOE's description of the purpose of these hearings:
Members of the public are invited to attend to obtain information about the proposed project and make comments. DOE and project personnel will be available for informal discussions. Information on this project can be obtained from DOE's website related to the project at www.northernpasseis.us. For further information about these public hearings or the EIS process, please contact Brian Mills at (202) 586-8267 or by e-mail at Brian.Mills@hq.doe.gov.
Northern Pass Transmission Scoping Meetings
Pembroke, NH
Pembroke Academy cafeteria
209 Academy Road
Pembroke, NH 03275
Monday, March 14, 6-9 pm
Franklin, NH
Franklin Opera House
316 Central Street
Franklin, NH 03235
Tuesday, March 15, 6-9 pm
Lincoln, NH
The Mountain Club on Loon, Hancock Room
90 Loon Mountain Road
Lincoln, NH 03251
Wednesday, March 16, 6-9 pm
Whitefield, NH
Mountain View Grand Hotel and Resort, Presidential Room
101 Mount View Road
Whitefield, NH 03598
Thursday, March 17, 6-9 pm
Plymouth, NH
Plymouth State University,
Silver Center for the Arts
114 Main St.
Plymouth, NH
Friday, March 18, 6-9 pm
Colebrook, NH
Colebrook Elementary School
27 Dumont Street
Colebrook, NH 03576
Saturday, March 19, 1-4 pm
Haverhill, NH
Haverhill Cooperative Middle School
175 Morrill Drive
North Haverhill, NH
Sunday, March 20, 1-4 pm
The Forest Society will be attending all hearings. We have registered to speak at the first hearing in Pembroke.
Here's the DOE's description of the purpose of these hearings:
Members of the public are invited to attend to obtain information about the proposed project and make comments. DOE and project personnel will be available for informal discussions. Information on this project can be obtained from DOE's website related to the project at www.northernpasseis.us. For further information about these public hearings or the EIS process, please contact Brian Mills at (202) 586-8267 or by e-mail at Brian.Mills@hq.doe.gov.
Northern Pass Transmission Scoping Meetings
Pembroke, NH
Pembroke Academy cafeteria
209 Academy Road
Pembroke, NH 03275
Monday, March 14, 6-9 pm
Franklin, NH
Franklin Opera House
316 Central Street
Franklin, NH 03235
Tuesday, March 15, 6-9 pm
Lincoln, NH
The Mountain Club on Loon, Hancock Room
90 Loon Mountain Road
Lincoln, NH 03251
Wednesday, March 16, 6-9 pm
Whitefield, NH
Mountain View Grand Hotel and Resort, Presidential Room
101 Mount View Road
Whitefield, NH 03598
Thursday, March 17, 6-9 pm
Plymouth, NH
Plymouth State University,
Silver Center for the Arts
114 Main St.
Plymouth, NH
Friday, March 18, 6-9 pm
Colebrook, NH
Colebrook Elementary School
27 Dumont Street
Colebrook, NH 03576
Saturday, March 19, 1-4 pm
Haverhill, NH
Haverhill Cooperative Middle School
175 Morrill Drive
North Haverhill, NH
Sunday, March 20, 1-4 pm
March 7, 2011
Trees Not Towers: Why the Northern Pass proposal is Bad for New Hampshire
President/Forester Jane Difley's op-ed about why the Society for the Protection of New Hampshire Forests has concluded that the proposal from Hydro-Quebec and Northeast Utilities provides little or no benefit for the people of New Hampshire while causing unecessary harm can be read here. If you'd like to read Gary Long's defense of the tradeoffs involved in the proposal (Long is President/COO of PSNH, a subsidiary of Northeast Utilities), you can do so here. It's also interesting to read the public comments that follow each op-ed--clearly Mr. Long is not yet making a convincing case.
March 2, 2011
Landowner Feels Harrassed by Northern Pass
According to a Lorna Colquhoun in this week's Colebrook News & Sentinel Dr. Margaret K. Jones, a Massachusetts dentist and seasonal resident of Stratford for more than a decade, filed for the protective order in Coös County Superior Court in mid-January. The petition names Phil Stearns of Caron's Gateway Real Estate in Groveton and the Massachusetts-based engineering firm, Coler & Colontonio. Mr. Stearns works for the engineering firm on the Northern Pass project.
UPDATE: Margaret Jones attempt to get a restraining order against Northern Pass representatives was rebuffed by the court, as reported in the Union Leader here.
UPDATE: Margaret Jones attempt to get a restraining order against Northern Pass representatives was rebuffed by the court, as reported in the Union Leader here.
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