Underground Champlain Hudson Express Receives Presidential Permit

The developers of a 1000MW buried transmission line between Quebec and New York City announced that their project, the Champlain Hudson Power Express, was granted a needed Presidential Permit. The 331-mile line will include portions submerged under Lake Champlain and sections buried underground.

The project, proposed in partnership with Hydro-Quebec, was originally conceived as an overhead transmission line. That concept ran into opposition, leading developer TDI to propose instead the underground alternative.

Northern Pass, the proposed 1200MW overhead transmission line, would also need a Presidential Permit to cross the international boundary. Northern Pass has been encouraged to bury its line along existing transportation corridors in New Hampshire and Vermont using modern transmission technology.

You can read TDI's press release about the Champlain Hudson Power Express Presidential Permit
here.

NEPGA: Ratepayer $ Misused by PSNH in Supporting Northern Pass

The New England Power Generators Association filed a petition with the NH Public Utilities Commission, asking the PUC to address the relationship between Public Service Company of NH and Northern Pass.

“There is a serious misuse of ratepayer dollars in how PSNH is supporting the Northern Pass project,
" said Dan Dolan, president of NEPGA. "NEPGA believes the PUC must act to protect ratepayers and ensure a level competitive playing field.” Dolan added, “The facts are clear. PSNH is a rate-regulated distribution company,  but ratepayers’ resources have been used to support a private, merchant transmission project."

NHPR's Sam Evans-Brown reports on the story here. Or you can read the NEPGA press release.

The filing with the PUC can be read here.

Transforming the Electric Grid

While the existing electricity grid, with its endless string of poles and wires, may have served the country well during the 20th century, it’s become incredible costly to maintain in the 21st says Mary Powell, CEO of Green Mountain Power.

Executives at Green Mountain Power and NRG Energy say they want to build the electrical grid of the future in Vermont.

You can read the story about new technology by Peter Hirshfeld on NHPR's website here.

"We're Worth It" : Sen. Ayotte Calls for Burial of Northern Pass Along Roads

Story by Jonathan Koziol, Union Leader

EASTON - Citing a precedent in New York and echoing a recommendation by the town's Conservation Commission, U.S. Sen. Kelly Ayotte (R-N.H.) on Thursday said the Northern Pass transmission project should be entirely buried beneath New Hampshire's roads.

Appearing at Easton Town Hall Thursday afternoon, just minutes after having hiked through the Gingerbread Road area to get a closer look at how Northern Pass would affect this town of 270 people, Ayotte said the beauty of the White Mountains should and could be preserved and that the Northern Pass could proceed if the transmission lines were buried "along an existing highway corridor."

That point, as well as a suggestion that Northern Pass consider a second international crossing other than that at Hall's Stream in Pittsburg, was made in an Aug. 18 letter from Ayotte and the rest of the state's Congressional delegation to the U.S. Department of Energy.

Northern Pass would bring hydroelectricity from Quebec into the U.S. along a 187-mile long line in New Hampshire. Northeast Utilities, the corporate parent of Public Service of New Hampshire and Northern Pass Transmission LLC, has an agreement with HydroQuebec for it to lease the Northern Pass transmission lines.

Proponents say the $1.4 billion project will create 1,200 construction jobs, put 1,200 megawatts of renewable electricity into the New England power grid, and, over its 40-year life, will generate some $1 billion in new municipal property tax revenues in New Hampshire.

Opponents of Northern Pass have criticized its intrusion into and despoilment of the North Country, both esthetically and economically.

A presidential permit is needed to allow Canadian power to come into the U.S. and the review process also involves the Department of Defense and the Secretary of State, both of which, Ayotte explained, typically defer to the DOE in energy-transmission cases.

Ned Cutler, who chairs Easton's Board of Selectmen, said that in 2012 the Town Meeting voted unanimously to say it opposed Northern Pass unless it was buried underground. He said yesterday that several property owners have already asked the selectmen how to get abatements because they expected a drop in the assessed values of their properties should Northern Pass go through town above ground.

In 2013, the Easton Conservation Commission took upon itself the task of finding an alternative route for Northern Pass through town and last November it came up with a recommendation that sounded a lot like Ayotte's on Thursday: bury Northern Pass along the Interstate 93 corridor between Bethlehem and Woodstock, thereby entirely avoiding Easton and the White Mountain National Forest in which it sits.

The bury-it-under-the-road approach gained traction earlier this month when the DOE, in reviewing the proposed Champlain Hudson Power Express, which would bring power from Canada to the New York Metro Area, said burying 141 miles of the 336-miles of transmission lines under existing highways would be a good idea.

Both Cutler and Conservation Commission Chair Roy Stever said they'd like to see Ayotte push for burying Northern Pass and Ayotte said she would.

The technology exists to bury the transmission lines, Ayotte said, adding that the Easton Conservation Commission recognized that fact as did the DOE with the Champlain Hudson Power Express project.

What the conservation commission proposed just in Easton should be done down the entire length of Northern Pass, said Ayotte, and the DOE should require Northern Pass to study it, and then, ultimately, it should do it.

"We're worth it," said Ayotte, noting that the New York transmission project was also intended to run above ground, but didn't.

After a burst of polite applause died down, Ayotte continue that "This is obviously a very important issue to the Town of Easton and the state."

"This is about all of us," she said, "not just the North Country."

Federal Report: Significant Advantages to Burying Northern Pass Type Transmission Lines

Federal Report: Significant Advantages to Burying Transmission Lines

By Chris Jensen, NHPR

A new federal report about an electric transmission project in New York says there are a lot of good reasons to bury such lines and that is likely to give opponents of Northern Pass ammunition in their campaign to get the lines underground...

The U.S. Department of Energy analyzed the impact of the proposed Champlain Hudson Power Express, which hopes to carry power from Canada to the New York metro area.

If given final approval by the DOE the route would stretch 336 miles. For about 141 miles the lines would be buried alongside roads or railway lines.

In its final Environmental Impact Statement the DOE concluded burying the lines would make them less vulnerable to storm damage or terrorist attacks. It would also be less disruptive to the environment and reduce maintenance.

“The Champlain Hudson document really confirms that the underground transmission options are economically and technically feasible and in many cases have substantial advantages over the overhead approach that is favored by Northern Pass,” said Christophe Courchesne is an attorney with the Conservation Law Foundation.

But in a statement Northern Pass spokeswoman Lauren Collins said every energy project is “different and these differences influence design and cost.”

She said Northern Pass estimates burying the line along its existing rights-of-way would cost $15 million to $20 million per mile compared to $3 million per mile for overhead lines.

Officials at Champlain Express have estimated the cost of burying their lines alongside those roads and railway lines will be about $5.5 million per mile.

The project pays the railroad a fee for using the right-of-way but there is no charge for running the lines alongside a highway because it is considered a public benefit, said Andrew Rush, a spokesman for the project.  In the Hudson River and under Lake Champlain payments are made to the state.

Northern Pass says it wants to use its own rights-of-way “obtained by working with willing landowners and using existing power line rights-of-way.”

Using state rights-of-way might require payments to New Hampshire.

The Department of Energy is conducting a similar Environmental Impact Statement on the Northern Pass Project. However, the draft EIS is not expected until late this year.

But it is expected to include – as part of its examination of alternatives – a look at burying the Northern Pass lines.

“The contents of the final EIS demonstrate that burial is a real alternative. The thing is that you have to pick the right route,” said Ken Kimball, the director of research  for the Appalachian Mountain Club which opposes the Northern Pass.

Why Burying Transmission Cables is a Viable Alternative

By Will Abbott

From the beginning, the main issue the Forest Society has had with Northern Pass has been with how the project proposes to bring electrons to the marketplace.  We are not philosophically opposed to importing electricity from Canada, but we are opposed to the 180-mile scar that the proposed overhead towers would create on New Hampshire landscapes from Pittsburg to Deerfield.

 

If the power is needed, or even desired, we believe there is new technology available that makes it possible for New Hampshire to accommodate Northern Pass in a way that is good for the state, for Quebec and for the utility proposing to build Northern Pass (Northeast Utilities, owner of Public Service Company of New Hampshire).

The new technology involves a buried high-voltage, direct current cable designed to be placed in a trench that dissipates the heat from the cables. By using a trench dug along an existing transportation right of way, like an interstate highway or a continuous railroad right of way where the state already owns the land beneath the right of way, Northern Pass could be built in a way that avoids the adverse visual impacts of overhead lines.  In addition, the state would generate a little extra money for its depleted highway fund by leasing the right of way to the utility.

One company that manufactures this new cable calls its product “HVDC Light.”  The company, a Swiss firm by the name of ABB, Inc., is so attracted to the future of this product that they have recently completed a new $400 million manufacturing facility in North Carolina to manufacture this and other cable products.  A representative from ABB has testified before New Hampshire legislative committees to explain how its product works.  The cable itself costs $2 million a mile, and, based on previous installations, company representatives estimate that trench costs for a previously disturbed corridor are in the range of $3-$4 million a mile.  This makes the total likely cost significantly below the claimed expense of $20 million a mile being made by representatives of Northeast Utilities.

If southern New England states need electrons from Quebec to meet their electric needs, and if they prefer this over building new generating facilities in their own states, it only seems fair that they should pay for the cost of burying Northern Pass through New Hampshire.  Or, at least they should be willing to pay the differential cost between overhead lines and buried lines on existing state-owned rights of way.  The N.H. Department of Transportation has already identified New Hampshire’s  three existing interstate highways (plus Route 101 from Manchester to the Seacoast) as appropriate corridors for such buried facilities to be studied further.  Maybe Hydro-Quebec can partner with the southern New England states to share these added costs. 

The decision to site such an extension-cord facility in New Hampshire remains with the state and its people.   Northeast Utilities and Hydro-Quebec should not be allowed to jam overhead power lines down New Hampshire’s throat -- particularly in a situation like this where the electrons are not needed to keep the lights on.  Northern Pass is being built as a for-profit enterprise to benefit the shareholders of Northeast Utilities and the ratepayers of Quebec.  They are in business to make money (which is not a bad thing) and they have the right to propose a project that makes them more money.  They should not, however, be entitled to make money at the expense of one of New Hampshire’s greatest assets.  They are not entitled to scar the landscapes that are the social and economic fabric of our communities.

If the people behind Northern Pass want to build a project in New Hampshire that has broad public support, they should withdraw the project they have proposed and offer a new project that completely buries the new facility along appropriate state-owned transportation corridors.   Otherwise, the project should be abandoned altogether.

Will Abbott is vice president of Policy and Reservation Stewardship at the Forest Society.

Northern Pass Updates: DOE Releases Preliminary Alternatives Report; a Northern Pass Competitor Files for Presidential Permit; and NU Considers a Line in Vermont

Northern Pass opponents have been waiting to learn to what extent the U.S. Dept. of Energy (DOE) listened to the voluminous public comments regarding the need to analyze alternatives to the proposed overhead transmission line, such as burial along transportation corridors. The fear has been that the Environmental Impact Statement (EIS) would be completed without serious study of such alternatives.

Prompted by requests from the New Hampshire Congressional Delegation, the DOE released on May 1 a preliminary report outlining the alternatives that will be studied as part of the EIS for the proposed Northern Pass transmission line.

Now that the report is out, the rush is on to understand not only what it says but what it might mean for Northern Pass. The caveat, however, is that this is clearly a preliminary report. As the document itself notes:

This Alternatives Addendum document briefly discusses alternatives that will, as of this time, be included in the draft EIS. However, this ongoing review may generate new information that results in changes or additions to, or reorganization of, the information presented below. DOE will use the information gathered during this process to identify which of the alternatives are reasonable.

In other words, if any one listed alternative is determined to be "unreasonable" by the DOE, it may get short shrift. The report goes on to say:

The range of reasonable alternatives will be analyzed in detail in the draft EIS, including discussion of design specifics and an analysis of potential environmental impacts. DOE also will identify those alternatives that are not reasonable and, in the draft EIS, will briefly discuss the reasons those alternatives were eliminated from detailed study.

The Alternatives Being Analyzed

There are 24 alternatives summarized in the report, including the so-called "Proposed Action" (the largely overhead line that Hydro-Quebec and Northeast Utilities want to build) and the "No Action" alternative (what happens if no line at all is built).

Among the rest are 10 variations on burial of some or all of the line, which suggests that burial options are likely to be analyzed in some detail. Those variations include burying only 10 out of 187 miles to avoid overhead lines through the White Mountain National Forest, to "porpoising" above and below ground, to complete burial either along the proposed right of way or under roadways or rail corridors.

There are a few surprises, such as the possibility of locating the conversion station (the electricity would travel the greatest distance as direct current, or DC, but must be converted to alternating current, or AC, to be accepted into the New England grid) in Deerfield instead of Franklin as proposed by Northern Pass. This possibility has not been part of any significant public discussion to date.

One alternative would apparently consider a terminus other than Deerfield, and thus, as the report states, "Specific alternate locations for the project’s terminus substations were not suggested, but different locations could significantly expand the range of possible routes." Another alternative considers placing the transmission line in an above-ground "tube" or pipeline, while another considers using navigable waterways, such as the Merrimack River. It's unknown to what extent such alternatives will get close scrutiny.

What's Not Among the Alternatives

None of potential alternatives listed in the report contemplate an international border crossing other than the one requested by Hydro-Quebec and Northeast Utilities in Pittsburg, N.H. This is notable for several reasons, not the least of which is that absent eminent domain, all overhead and underground routes that start at that point are blocked by the Forest Society's ownership of the Washburn Family Forest in adjoining Clarksville, including land underneath Route 3. Northern Pass has yet to secure a legally permittable route, and the alternatives being studied by the DOE don't resolve that issue.

The sole Pittsburg starting point is also notable in that the shortest route for power to be delivered from Quebec to power-demand centers in southern New England--especially if buried along roadways such as I-91--would not begin there.

Also missing among the alternatives is any consideration of so-called HVDC Light technology, the kind of buried transmission cable to be used in similar projects in New York (Champlain-Hudson Express and Vermont (New England Clean Power Link).

Rather, it would appear that the DOE for the most part has chosen to study alternatives that start with the project developers' own assumptions--that the line would cross into the U.S. in Pittsburg, N.H., and proceed to Deerfield, N.H., using the limits of old-school transmission technology. This is somewhat less than some stakeholders had hoped for.  Gov. Maggie Hassan in her statement about the report, saw fit to note, "I continue to believe that, with any energy project, New Hampshire deserves the latest technologies in order to protect what we all love about our state... ."

Increased Interest in Vermont

Meanwhile, during a visit to New Hampshire, Vermont's Gov. Peter Shumlin offered to work with Gov. Hassan to look into using Interstate 91 as a potential route for a buried line.

"If anyone can get it done, it’s Governor Hassan, myself and others," he said. "We would love to find solutions to get our southern neighbors the juice they need without destroying our pristine forests."

Two other underground transmission proposals, both from Transmission Developers Inc. (TDI) are proposed for Vermont/New York. The Champlain-Hudson Express, an underground and underwater 330-mile 1,000MW project that would deliver power from Quebec to New York, is well ahead of Northern Pass in the permitting process. And in May, TDI applied for a Presidential Permit for its New England Clean Power Link, another underwater and underground transmission line that would deliver 1000MW of Hydro Quebec power to Ludlow, Vt., where it would connect to the New England grid. TDI projects a 2019 completion date and $1.2 billion price tag for that approximately 150-mile project.

Perhaps, then, it is not surprising that earlier this spring Northeast Utilities fielded their own proposals to connect to the regional grid in Vermont. NU denied that those proposals were meant as a hedge against the stymied Northern Pass project in New Hampshire, but would not say how much electricity would be carried nor what the source of power would be.

No Northern Pass Video 3: A Hiker's Perspective

 The unnecessary and unpopular Northern Pass electrical transmission line would cut across New Hampshire for 187 miles from north to south, crossing many hiking trails - including the Appalachian Trail - along the way. 1500 huge new towers with high-voltage lines would rise high above the trees, visible for miles around. 

We've partnered with the Conservation Media Group on a video series that helps shine the light on why the Northern Pass project should not go ahead as currently planned. Please watch the latest video, and - if you haven't already - join us in signing the petition urging opposition to the Northern Pass. New England's governors will meet in New Hampshire on July 15th; tell them before that meeting, "If Northern Pass does not agree to bury power lines, it should be stopped.” 

Over 4000 people have signed the petition to date. Please share this email and ask your friends and family to join you in taking action by adding their own signatures and sending the strongest possible message to the region's policymakers.

Tucker's Turn: The Numbers on Northern Pass

Update on Energy Bills HB 569, SB 245 and SB 281

The Legislature is considering three important bills regarding energy and the environment this week (the week of May 12):

On Thursday the State Senate votes on HB 569, a bill originally introduced by Representative Larry Rappaport of Colebrook and co-sponsored by Senator Jeff Woodburn of Dalton.  As modified by the Senate Energy & Natural Resources Committee, and recommended on a 3-2 vote last week by the Committee, the bill says the Site Evaluation Committee “may” presume that overhead transmission lines not needed to keep the lights on will have an unreasonably adverse effect on aesthetics.  The bill also authorizes the NH Department of Transportation to facilitate the option to bury such transmission lines in state owned rights of way.  Please contact your senator and ask him or her to vote “YES” on HB 569 as recommended by the Senate Energy Committee.

On Wednesday the House votes on two important bills already approved by the Senate.  SB 245, introduced by Senator Jeanie Forrester, reforms the Site Evaluation Committee (SEC) by amending RSA 162-H.  As most recently amended by committees in the House, this bill provides the needed changes to the SEC.  If enacted, the bill creates two new public member positions to sit on panels with state agency heads reviewing new energy facility applications, it requires the SEC to make a finding that a proposed project is in the public interest before deciding to award a permit and it provides the SEC with staff and financial resources to do its job.  Please contact your elected representative(s) in the New Hampshire House and ask that they vote “YES” on SB 245 as recommended by the House Finance Committee by a vote of 23-0.

The House will also be voting on Wednesday on SB 281, which provides legislative guidance to the SEC as it develops rules on the siting of wind energy projects.   The bill was tabled in last week’s House session, but is expected to be amended from the floor and voted on this week as well.  In conjunction with SB 245, the guidance for siting criteria provided by SB 281 will help ensure consistency and clarity in the SEC’s evaluation of wind energy project proposals.  Please ask your representative to vote “YES” on SB 281.

Preliminary Alternatives Report Released: What Does It Tell Us?

Prompted by requests from the New Hamphire Congressional Delegation, the U.S. Dept. of Energy (DOE) released on May 1 a preliminary report (click here) outlining the alternatives that will be studied as part of the Evironmental Impact Statement (EIS) for the proposed Northern Pass transmission line.

Northern Pass opponents have been waiting to learn to what extent the DOE listened to the voluminous public comments regarding the need to analyze alternatives to the proposed overhead line, such as burial along transportation corridors. The fear has been that the EIS would be completed without serious study of such alternatives.

Now that the report is out, the rush is on to understand not only what it says but what it might mean for Northern Pass. The caveat, however, is that this is clearly a preliminary report. As the document itself notes,

"This Alternatives Addendum document briefly discusses alternatives that will, as of this time, be included in the draft EIS. However, this ongoing review may generate new information that results in changes or additions to, or reorganization of, the information presented below. DOE will use the information gathered during this process to identify which of the alternatives are reasonable."

In other words, if any one listed alternative is determined to be "unreasonable" by the DOE, it may get short shrift. The report goes on to say,

"The range of reasonable alternatives will be analyzed in detail in the draft EIS, including discussion of design specifics and an analysis of potential environmental impacts. DOE also will identify those alternatives that are not reasonable and, in the draft EIS, will briefly discuss the reasons those alternatives were eliminated from detailed study."

The Alternatives Being Analyzed
There are 24 alternatives summarized in the report, including the so-called "Proposed Action" (the largely overhead line that Hydro-Quebec and Northeast Utilities want to build) and the "No Action" alternative (what happens if no line at all is built).

Among the rest are 10 variations on burial of some or all of the line, which suggests that burial options are likely to be analyzed in some detail. Those variations include burying only 10 out of 187 miles to avoid overhead lines through the White Mountain National Forest, to "porpoising" above and below ground, to complete burial either along the proposed right of way or under roadways or rail corridors.

There are a few surprises, such as the possibility of locating the conversion station (the electricity would travel the greatest distance as direct current, or DC, but must be converted to alternating current, or AC, to be accepted into the New England grid) in Deerfield instead of Franklin as proposed by Northern Pass. This possibility has not been part of any significant public discussion to date.

One alternative would apparently consider a terminus other than Deerfield, and thus, as the report states, "Specific alternate locations for the projects terminus substations were not suggested, but different locations could significantly expand the range of possible routes." Another alternative considers placing the transmission line in an above-ground "tube" or pipeline, while another considers using navigable waterways, such as the Merrimack River. It's unknown to what extent such alternatives will get close scrutiny.

What's Not Among the Alternatives
None of potential alternatives listed in the report contemplate an international border crossing other than the one requested by Hydro-Quebec and Northeast Utilities in Pittsburg, N.H. This is notable for several reasons, not the least of which is that absent eminent domain, all overhead and underground routes that start at that point are blocked by the Forest Society's ownership of the Washburn Family Forest in adjoining Clarksville, including land underneath Route 3. Northern Pass has yet to secure a legally permitable route, and the alternatives being studied by the DOE don't resolve that issue.

The sole Pittsburg starting point is also notable in that the shortest route for power to be delivered from Quebec to power-demand centers in southern New England--especially if buried along roadways such as I-91--would not begin there.

Also missing among the alternatives is any consideration of so-called HVDC Light technology, the kind of buried transmission cable to be used in similar projects in New York (Champlain-Hudson Express and Vermont (New England Clean Power Link).

Rather, it would appear that the DOE for the most part has chosen to study alternatives that start with the project developers' own assumptions--that the line would cross into the U.S. in Pittsburg, N.H., and proceed to Deerfield, N.H., using the limits of old-school transmission technology. This is somewhat less than some stakeholders had hoped for.  Gov. Maggie Hassan in her statement about the report, saw fit to note, "I continue to believe that, with any energy project, New Hampshire deserves the latest technologies in order to protect what we all love about our state... ."

Meanwhile, during a visit to New Hampshire, Vermont's Gov. Peter Shumlin offered to work with Gov. Hassan to look into using Interstate 91 as a potential route for a buried line.

"If anyone can get it done it’s Governor Hassan, myself, and others," he said. "We would love to find solutions to get our southern neighbors the juice they need without destroying our pristine forests."

For an additional take on what the report does and does not accomplish, read this from the Conservation Law Foundation's Christophe Courchesne. The Union Leader's coverage can be read here, and the Concord Monitor's story is available here.

Sign the Online Petition to Gov. Hassan

In an effort to engage more of New Hampshire's citizens about Northern Pass, we have teamed up with the Appalachian Mountain Club and the Conservation Media Group (CMG), a non-profit group of filmmakers and conservationists. We are collaborating to make sure more people in New Hampshire know what's at stake. We need your help to do that. Please watch Tucker in this first video and join us and CMG to petition Governor Hassan to take a stronger stand in opposition to Northern Pass.

Tell her "if Northern Pass does not agree to bury power lines, it should be stopped."

If you would prefer to send your comments to Gov. Hassan directly, her address is:

Governor Maggie Hassan
State House
107 North Main Street
Concord, NH 03301

Update On Energy Bills in the N.H. State Legislature (SB 245, SB 281, SB 569, HB 200)

Here's what's going on with SB 245, SB 281, SB 569 and SB 200:

SB 245, the SEC reform bill, passed the Senate on a voice vote and is now before the House Science, Technology and Energy Committee.  April 8 was the first day of ST&E hearings.  Go here for joint testimony from SPNHF, AMC, CLF and TNC.  Please reach out to House members to support SEC reform.

SB 281, which provides the SEC with a policy framework for siting wind energy projects, also passed the Senate on a voice vote, and is now being considered by the House ST&E Committee.  The SEC is already charged with developing administrative rules on wind siting by the end of 2014, but has received little guidance from the legislature on what the rules need to address.  SB 281 provides the SEC with this guidance.  The bill had its initial public hearing before the committee last week. Click here to read joint testimony on SB 281 submitted by the Forest Society and several of our conservation partners.   Please reach out to your House members, especially if they are members of the ST&E Committee, and ask them to support SB 281! 

The two burial bills, HB 569 and SB 200, are both now in the Senate.

HB 569 has been heard by the Senate Energy and Natural Resources Committee; please ask senators to support this bill. You'll find talking points on this blog (scroll down).  

SB 200 sits on the table in the Senate.  It complements HB 569 by creating authority for the NH Department of Transportation to identify and lease state owned transportation corridors for energy infrastructure (like transmission lines and pipelines). You'll find more info on SB 200 by scrolling down in this blog.

Talking Points for SB 281

SB 281: Policy Guidance for New Energy Facility Siting Rules

SB 99 enacted last session tasked the SEC with developing and adopting new administrative rules that establish regulatory criteria for the siting of energy facilities in New Hampshire by Jan. 1, 2015.  The goal was for these new criteria to guide the SEC in making the required statutory findings as to whether a proposed facility’s application met the test for regulatory approval.  

Another goal for these new rules was to assure the public, energy facility developers and all stakeholders in the SEC’s decision-making process that SEC decisions would be guided by a common set of decision-making criteria.  

SB 281 provides the SEC with direction on what policy goals should be met with the new administrative rules mandated by SB 99.  It offers eight discrete standards that the new rules should address.  It also authorizes the SEC to provide a property value guarantee to individual landowners when the SEC concludes that the landowner’s real estate value is adversely impacted by the siting of a specific project. 


If you have questions or comments regarding SB 281, please contact Chris Wells at cwells@forestsociety.org or 224-9945.

Talking Points for SB 200 and SB 245

SB 200: State-Owned Transportation Corridors as Energy Facility Corridors

This bill is designed to address urgent concerns raised by communities and landowners directly in the path of a non-reliability, elective, merchant transmission line proposed to bring Canadian electricity to southern New England through New Hampshire. If this power is wanted to meet southern New England’s energy needs, it should not be transmitted through New Hampshire on towers well above tree height if the communities and landowners directly affected do not want these large overhead transmission facilities.    

The SB 361 Commission reported that there was a feasible alternative to large overhead transmission systems: undergrounding along state-owned transportation corridors.  SB 200 provides statutory authority for the New Hampshire Department of Transportation to identify state-owned transportation corridors that could be used for underground energy facilities --- like electric transmission lines or gas pipelines.  It provides the SEC with authority to request proposals from energy facility developers and to lease at fair-market value energy corridors designated.  It also provides the SEC with the authority to prioritize underground siting of merchant electric transmission lines in cases where the projects are not required for system reliability.

This process will be a triple win for the State of New Hampshire.  First, it provides developers of energy transmission facilities workable, long distance corridors.  Second, it provides an underground alternative to unsightly overhead transmission lines.   And third, it provides the state with a new revenue stream for road and bridge maintenance.  New Hampshire should be on the front edge of new technologies that offer innovative ways of meeting present and future energy needs.  SB 200 provides a pathway for New Hampshire to be on the leading edge.

As a North Country business owner wrote in Monday's Berlin Daily Sun, SB 200 is good for business and good for people: the bill "provide[s] some stability and foresight in the planning of certain large energy infrastructure projects. Energy developers will know that certain types of projects will have a corridor available and correspondingly are not appropriate outside the corridor. This will reduce if not eliminate a lot of the wasted time, effort and money expended in trying to site controversial projects. The efficient use of human and capital resources in developing large projects is of critical importance. As an investor and shareholder of energy related projects, greater efficiency makes sense to me."

SB 245 – Reforming the Site Evaluation Committee

In the spring of 2013, Commissioner Burack told a House committee that the current SEC process was close to the “breaking point” and that legislative reform was needed.  In response, the Legislature passed SB 99, requiring the Office of Energy and Planning to conduct a public stakeholder process to identify the issues of greatest concern and to issue a report to assist the Legislature in identifying reforms.  That report was presented on December 31, 2013, and informs many of the provisions contained in SB 245. Failure to act this session on SB 245 will likely mean picking up the pieces of a broken process after it happens.

The SEC is presently structured as “one stop shopping” for developers of energy facilities that generate or transmit electricity in volumes of 30 megawatts or more.  Under current law, 15 state agency heads serve as standing members of the SEC; they sit as judges on applications for new energy facilities in an adjudicative process established in RSA 162-H. These "judges" approve the application as presented, approve it with conditions, or deny it.

SB 245 addresses the following problems in the present structure and process:

1. Disconnect between the statute's core purpose and the decision-making the SEC is tasked to perform: no public interest finding required.The fundamental purpose of RSA 162-H is to serve the public interest in balancing the environment with the need for new energy. Yet none of the statutory findings the SEC is now required to establish in rendering a decision includes answering the big picture question of whether a proposed project is actually in the public interest.

SB 245 adds two new required findings to the three currently required by the statute (RSA 162-H:16). The first new finding is that the SEC must make a determination that the project is in the public interest. The second is that the SEC must make a determination that the proposed project is consistent with the State’s energy policy presently being developed by the Office of Energy and Planning.

2. The absence of a role for municipalities in the decision-making process. Municipalities have no seat at the SEC table where land use decisions directly impacting the community are made.

SB 245 does not remedy this deficiency by placing a member of the impacted community on the SEC, but it does require regional representation of public members to serve on the SEC.  It also requires the new public interest finding to specifically consider local zoning ordinances and municipal master plans in reaching a determination on the question of whether the project proposed is in the public interest.  

3. Public engagement in the SEC process is drastically compressed. Under current law, there is only one required public hearing on a proposed application, which must occur within 30 days of an SEC determination that an application is complete and ready for SEC consideration.  The public learns about the details of the project at the same hearing at which it is expected to comment.

SB 245 changes this by requiring the applicant to hold a pre-application public information meeting and by requiring the SEC to hold a post application public information meeting followed by a later public hearing.  This provides the applicant with the opportunity to share the project formally with the public before submitting an application, and it provides the public with an opportunity to learn about the application as proposed BEFORE it is afforded the opportunity to make substantive comments on the proposal.  SB 245 also clarifies the role of the “public counsel” in SEC proceedings; the public counsel is an assistant attorney general appointed by the Attorney General to assure that the public interest in a well-informed SEC decision is attained with each application considered by the SEC.

4. The 15 statutory members of the SEC do not have the time necessary to fulfill the task of sitting on today’s SEC as judges.  One application alone can consume 25 or more full days of a commissioner’s work year.  This makes it extremely difficult for them to do the primary jobs they are each hired to do.  

SB 245 proposes to replace the current statutory members of the SEC with an independent panel of seven individuals, nominated and vetted through the same process that senior agency leaders are now nominated and vetted.  Under SB 245 the state agencies will continue to provide the SEC with information critical to the decisions the SEC makes, but they will no longer be required to have their leaders serve as SEC judges.  

5. The SEC has no staff or resources to do one of the most important and high profile responsibilities performed by state government on behalf of the state’s citizens.  No application fee is charged to an applicant, yet the state spends thousands of taxpayer dollars in payroll and benefits alone for each day that the members of the SEC meet, take testimony and deliberate on an application.

SB 245 rectifies this resource drain by providing a means to charge fees to recover the costs of doing the SEC’s work and by providing the SEC with a staff director.

NOTE: See the amended versions of HB 200 and HB 245 in the N.H. Senate Calendar.

If you have questions or comments regarding SB 200 or SB 245, please contact Will Abbott at wabbott@forestsociety.org or 224-9945.

Testimony in favor of SB200, the Bradley burial bill

February 19, 2014

The Honorable Russell Prescott, Chairman
Committee on Energy & Natural Resources
New Hampshire State Senate
The State House
Concord, NH  03301

Dear Chairman Prescott:

Our organizations support SB 200 and the protocols it creates for the potential use of state-owned transportation rights of way as locations for energy infrastructure.  We believe SB 200 provides a possible pathway for a win-win resolution of difficult issues presented by new merchant transmission projects likely to arise in today’s rapidly transforming energy market place.

We recognize that to successfully meet future electricity needs in New Hampshire and New England new and upgraded transmission systems will be needed to get electricity from its source to consumers.  We also recognize that in each choice we make about specific energy projects there are trade-offs, often complicated by the dynamic electricity market itself.  SB 200 provides New Hampshire with a new pathway to meet future electricity transmission needs while at the same time avoiding the most negative impacts of large over-head transmission towers.  It may also provide a new stream of revenue to the State to help meet the needs of highway and bridge maintenance.
 
If New Hampshire is to host a high voltage extension cord from Quebec to electricity markets to our south, the extension cord must only be built on terms that are acceptable to the people of New Hampshire, and particularly to the communities directly affected by a proposed project.  SB 200 provides New Hampshire with a means to address the new breed of overhead merchant transmission lines that can unnecessarily scar communities and their natural landscapes.  New burial technology developed by manufacturers in Europe allow for burial of high-voltage direct current cables in a way that could deliver power through New Hampshire to markets south of us without the unsightly impacts of an overhead transmission system. 

In its 2012 session the General Court enacted SB 361, which created a legislative commission to look into the feasibility of undergrounding of high voltage electric transmission systems within state-owned transportation corridors.  The final report of the SB 361 Commission was conveyed to former Governor John Lynch on November 30, 2012.  The Commission heard testimony over four months from a wide variety of stakeholders, including:

·        The Maine State Office of Planning, charged with implementation of a Maine statute designed to invite bids from private energy facility developers to use  Maine transportation corridors for underground utility infrastructure;

·        ABB, a Swiss company that has developed “ HVDC Light” technology, which it claims can be cost competitive with overhead transmission systems when taking into account all operating expenses over the life of a project; the company has working applications of this technology in Denmark and Australia; ABB has started to build a manufacturing facility for this new HVDC Light cable in the southeastern United States in anticipation of a growing market for their produce in North America;

·        The New Hampshire Department of Transportation, which identified for the Commission four specific transportation corridors that would be eligible for hosting such underground electric systems — Interstates 93, 89, 95 and Route 101 between Manchester and the Seacoast;

·        Independent System Operator New England, the non-profit that manages wholesale electricity markets for the New England grid;

·        The New Hampshire Public Utilities Commission; and

·        Representatives of utilities serving the New Hampshire electricity market.

The Commission unanimously concluded that use of state-owned transportation corridors should be explored further.  The majority of legislators on the panel concluded that legislation should be introduced that requires merchant transmission projects proposing to build an overhead transmission system in New Hampshire also submit to the NH Site Evaluation Committee an underground alternative.  Earlier this year, the House passed HB 569, which would amend the SEC’s authorizing statute to provide the guidance that favors underground alternatives to overhead merchant transmission systems.  SB 200 puts the State in the position of having a process in place that allows the State to offer specific state-owned corridors for such underground facilities.

 

New technology for transmission of bulk electricity long distances is clearly moving in the direction of constructing such facilities in workable underground corridors.  There will likely be strong public support for such technology, particularly from communities that would otherwise be negatively impacted by over-head facilities.  It is clear that underground HVDC projects proposed for Maine, Vermont, and New York are meeting with a level of public acceptance not present for the overhead project currently being proposed for New Hampshire.  Even Hydro-Québec has recently agreed to bury its new transmission facility north of the international boundary that will interconnect with the Champlain-Hudson Express HVDC project, bringing 1000 megawatts of electricity from Québec to New York City. 
 
With SB 200, New Hampshire can set a high but attainable bar for meeting new electricity needs while at the same time protecting the natural landscapes that make our State so distinctive.  We strongly encourage the Senate Energy and Natural Resources Committee to recommend “Ought to Pass” on SB 200 to the full Senate. 
 
Sincerely,

 

Will Abbott, Society for the Protection of NH Forests

        wabbott@forestsociety.org, 224-9945, Ext 327

Susan Arnold, Appalachian Mountain Club

        sarnold@outdoors.org, 664-2050

Christophe Courchesne, Conservation Law Foundation

        ccourchesne@clf.org, 225-3060, Ext 3017

Jim O’Brien, The Nature Conservancy

        jim_obrien@tnc.org, 224-5853, Ext 28

Everywhere we look...we see transmission lines being buried.

In Maine,underground along Interstate 95, the Northeast Energy Link.Read about the project | This project in the news In Vermont,the New England Clean Power Link, designed to bring HQ power to the region.Read about the project | This project in the news In New York,under rail beds and Lake Champlain, the Champlain-Hudson Express, designed to bring HQ power to New York.Read about the project | This project in the news In Quebec,where Hydro-Quebec itself is putting the Canadian stretch of the Champlain-Hudson Express underground. Read about the project In New Hampshire, Northern Pass instead proposes to use outdated technology to drape 180 miles of overhead transmission line on 1500 towers across two-thirds of the state. Burial would avoid the scar and the subsidy. The New Hampshire Department of Transportation has identified four existing state-owned transportation corridors that could host underground utility infrastructure. NH would get revenue from leasing such state-owned rights of way. Don't Give Hydro Quebec and Northeast Utilities a free pass to let Northern Pass ruin New Hampshire's treasured landscapes and towns.

In Maine,
underground along Interstate 95, the Northeast Energy Link.
Read about the project | This project in the news

In Vermont,
the New England Clean Power Link, designed to bring HQ power to the region.
Read about the project | This project in the news

In New York,
under rail beds and Lake Champlain, the Champlain-Hudson Express, designed to bring HQ power to New York.
Read about the project | This project in the news

In Quebec,
where Hydro-Quebec itself is putting the Canadian stretch of the Champlain-Hudson Express underground.
Read about the project
















































In New Hampshire, Northern Pass instead proposes to use outdated technology to drape 180 miles of overhead transmission line on 1500 towers across two-thirds of the state. Burial would avoid the scar and the subsidy.

The New Hampshire Department of Transportation has identified four existing state-owned transportation corridors that could host underground utility infrastructure. NH would get revenue from leasing such state-owned rights of way.

Don't Give Hydro Quebec and Northeast Utilities a free pass
to let Northern Pass ruin New Hampshire's treasured landscapes and towns.




































































In Maine,
underground along Interstate 95, the Northeast Energy Link.
Read about the project | This project in the news

In Vermont,
the New England Clean Power Link, designed to bring HQ power to the region.
Read about the project | This project in the news

In New York,
under rail beds and Lake Champlain, the Champlain-Hudson Express, designed to bring HQ power to New York.
Read about the project | This project in the news

In Quebec,
where Hydro-Quebec itself is putting the Canadian stretch of the Champlain-Hudson Express underground.
Read about the project
















































In New Hampshire, Northern Pass instead proposes to use outdated technology to drape 180 miles of overhead transmission line on 1500 towers across two-thirds of the state. Burial would avoid the scar and the subsidy.

The New Hampshire Department of Transportation has identified four existing state-owned transportation corridors that could host underground utility infrastructure. NH would get revenue from leasing such state-owned rights of way.

Don't Give Hydro Quebec and Northeast Utilities a free pass
to let Northern Pass ruin New Hampshire's treasured landscapes and towns.






































































In Maine,
underground along Interstate 95, the Northeast Energy Link.
Read about the project | This project in the news

In Vermont,
the New England Clean Power Link, designed to bring HQ power to the region.
Read about the project | This project in the news

In New York,
under rail beds and Lake Champlain, the Champlain-Hudson Express, designed to bring HQ power to New York.
Read about the project | This project in the news

In Quebec,
where Hydro-Quebec itself is putting the Canadian stretch of the Champlain-Hudson Express underground.
Read about the project
















































In New Hampshire, Northern Pass instead proposes to use outdated technology to drape 180 miles of overhead transmission line on 1500 towers across two-thirds of the state. Burial would avoid the scar and the subsidy.

The New Hampshire Department of Transportation has identified four existing state-owned transportation corridors that could host underground utility infrastructure. NH would get revenue from leasing such state-owned rights of way.

Don't Give Hydro Quebec and Northeast Utilities a free pass
to let Northern Pass ruin New Hampshire's treasured landscapes and towns.