Norwalk, Conn., loses attempt to have power lines buried

 

The Hour, Norwalk, Conn. --Aug. 20--NORWALK, Conn.

Norwalk and Silvermine neighborhood residents Wednesday lost their battle to bury a proposed 345-kilovolt in the city.

State Superior Court in New Britain rejected Norwalk's appeal of two Connecticut Siting Council decisions in 2003 that permit Northeast Utilities and local affiliate Connecticut Light & Power to build the high-voltage line from Bethel to Norwalk.

On Thursday, Mayor Alex Knopp and others received the 33-page decision written by Judge Henry S. Cohn and expressed their disappointment. A spokesman for Northeast Utilities and one Weston selectman read the ruling as a signal to move ahead with the Bethel-Norwalk line -- part of a multi-phase plan to improve the power grid in southwestern Connecticut.

The nine-member siting council is responsible for reviewing proposed utility constructions. Last July, it approved the Bethel-Norwalk phase, which will add a 345-kilovolt line to the existing 115-kilovolt line that runs through Bethel, Redding, Weston, Wilton and Norwalk.

The city, led by Knopp, appealed the decision after residents of the Silvermine neighborhood argued that the project would run an unsafe and unsightly high-voltage transmission line atop 110-foot-plus poles through or near their properties.

With Cohn's decision, that fear now appears headed for reality.

"It means we get the poles. We're stuck with the development and management plan, and so are the other towns. It's too damned bad," said Leigh Grant, president of the Norwalk Association of Silvermine Homeowners. "Us little guys can't win, it's just too expensive."

"I feel that this is inherently wrong. We have these things forever. They are 148 feet (high) by the Route 7 connector -- they'll be a big fat eyesore forever," added Grant, who testified at the appeal hearings.

Cohn rejected city arguments that the siting council missed the project approval deadline; improperly accepted subsequent information concerning reliability; reviewed the Bethel-Norwalk line without considering other upgrade projects; and wrongfully rejected the city's request to hire an independent consultant.

In its appeal, the city argued that the siting council should review other phases of the larger power grid upgrade, especially the proposed 345-kilovolt Middletown-Norwalk transmission line. The siting council has yet to decide on that project.

In his decision, Cohn indicated that Northeast Utilities considered the Bethel-Norwalk upgrade by including "material on the full loop in its application." He also rejected the notion that the council did not consider alternatives.

"The council had analyzed the preferred transmission line as proposed by Northeast along with the alternatives it had suggested, alternatives previously suggest by the four towns, alternatives suggested by the Attorney General's office, alternatives suggested by the Office of (the) Consumer Council, alternatives suggested by the city itself, and several alternatives referred to as 'mix and match,'" Cohn wrote.

The siting council-approved plan calls for burying the 345-kilovolt line through parts of Bethel, Redding, Weston and Wilton, as sought by selectmen and attorneys, but not into Norwalk. The council later amended the plan to bury the existing 115-kilovolt line in Norwalk.

Knopp described the court decision as a lost battle in a war where progress is being made. He noted that the court rejected motions by Northeast Utilities to dismiss the case, and reminded that a victory Wednesday would not necessarily result in the 345-kilovolt transmission line being buried in Norwalk.

"Even if the appeal were successful, it puts the decision back in the siting council's lap. The judge was not able to order underground (lines)," Knopp said.

Knopp also suggested that the decision, although a defeat for Norwalk, set precedents that will help other communities, including Norwalk, in the future.

"The irony is that the city loses its battle with Northeast Utilities on the appeal of the powerline decision, but it does represent progress in the war to protect the rights of municipalities in the future about how power lines, in other facility siting decisions, are (constructed)," Knopp said.

Knopp said the siting council since has hired an underground cable expert for the Norwalk-Middletown transmission line and henceforth will reject private settlements between towns. Knopp said the recent ISO New England reliability report considers the Middletown-Norwalk upgrade within the context of the Bethel-Norwalk portion.

Knopp said he and city attorneys had only begun to review Cohn's decision, but added that another appeal -- to the state Appellate Court or state Supreme Court -- is unlikely.

"It's even more difficult to get an appeals court to overturn a Superior Court decision," said Knopp, an attorney.

Northeast Utilities welcomed the court decision as affirmation of the need and appropriateness of the upgrade, as approved by the siting council last year.

"The company is pleased that the court reaffirmed the siting council (approval) to move forward with a solution to meet the growing demand for electricity in southwestern Connecticut," said Frank J. Poirot, a Northeast spokesman. "We believe the current decision contains compromises for all five towns along the route."

Poirot said it is too early to spell out a construction timeline. The siting council has yet to act on Northeast's development and management plan -- site-specific information -- for 45 poles along the 3.7-mile stretch from Wolfpit Road in Wilton to the New Canaan Avenue substation in Norwalk. He anticipates a decision next month.

For now, Poirot said the utility companies will make upgrades to the Plumbtrees substation in Bethel -- as was done to the New Canaan Avenue facility -- and by year's end could begin construction along streets and right-of-ways all along the 20-mile stretch.

Weston First Selectman Woody Bliss expressed no surprise over Cohn's decision, which he described as the proper ruling. "I would have been amazed, if it had been anything else. This enables us to move on," he said.

Ruth Ann Wiesenthal-Gold, also of Weston, was disappointed. Wiesenthal-Gold is president and co-founder of the Woodlands Coalition for Responsible Energy, which formed several years ago to tame the Bethel-Norwalk transmission line. She said such decisions ultimately are compromises.

"It just didn't go the way we liked," Wiesenthal-Gold said. "There will always be people who will be unhappy. Our job is to minimize that number."

Earlier Thursday, Wiesenthal-Gold called state Rep. Bob Duff, D-137 District, and informed him that the city's appeal had been rejected. Duff said "so many people have spent so many hours trying to get these lines underground." He suggested that that effort might not be over.

"At this point, our best hope is to still to work through the courts," Duff said.

Representing the city in the appeal was attorney Peter Boucher of Hartford-based Halloran & Sage LLP. He defined the core issue of the appeal as the utility companies breaking down the power grid upgrade into several phases.

Boucher said there is no question that the Bethel-Norwalk portion, as approved by the siting council and now upheld by the court, has created issues for the Middletown-Norwalk portion, which remains under review. Boucher would not speculate whether the city will challenge Cohn's decision.

"At this point we're still reading it, and it would be speculation what the city could or should do. The print is not dry yet," Boucher said.

 

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