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The state environmental staff supports power line permits in advance of the postponed board meeting
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The state environmental staff supports power line permits in advance of the postponed board meeting

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Maine’s top environmental agency disagrees strongly with the opponents of a Central Maine Power-backed transmission link project. They claim that the project construction permit should not have be granted.

The much-anticipated meeting to examine appeals to a conditional permit for the construction of the $1 billion New England Clean Energy Connect power line was postponed unexpectedly on Monday. However, a staff report that was filed before the meeting rejects most oppositions arguments.

According to a Monday statement from the board, half of Maine Board of Environmental Protections’ members, including its chair, have tested positive or had direct exposure to COVID-19. The seven-member citizen panel, which is comprised of the chair and six other members, hears appeals regarding environmental licenses.

The meeting was to take place in Farmington on Tuesday and Wednesday. The board indicated that the meeting will be rescheduled for a later date, possibly in late June.

However, documents gathered for the long-delayed gathering reveal that staff from the Maine Department of Environmental Protection which advises the BEP largely rejected arguments regarding impacts such a scenic and recreational use, soil erosion and wildlife habitat.

The staff also suggested that appeals should not be subject to public hearings. However, it recommended new conditions regarding tree-trimming along corridors and a plan for decommissioning the 53-mile segment closest to Quebec border, Segment 1,

This postponement is one week after the Maine Supreme Judicial Court. Oral arguments heardThe legality of a new law that is intended to slow down the project and a challenge to a lease NECEC obtained in order to cross public lands. Early this summer, rulings are expected.

Monday’s announcement by project opponents was a downplaying of the significance of both developments. They claimed that the upcoming court rulings will reduce the impact of the BEP process which has been moving slowly since 2020.

The whole meeting was a waste of time, according to Tom Saviello, lead petitioner for Question 1 anti-corridor campaign which led to the new law in November. It doesn’t matter if the project is approved or rejected at this stage, as the court will decide.

NEWS RECEPTION GETS MIXED

Local residents opposed to the project were represented by an attorney, the West Forks Group. The recommendation was made by the DEP staff. However, the board had not done its own independent review or decided whether hearings should be held on any appeals.

Elizabeth Boepple, an attorney, said that this is far from being a final decision. We are confident that the board will accept this argument when it considers it. We believe that the board will recognize the need to hold public hearings, especially in light of the corridor already cut and the likely outcome that at most a portion Section 1 will never be operational.

Boepple suggested that at the very least, a plan for decommissioning or restoration must be reviewed, evaluated, and approved.

The hydroelectric power line project developer saw the recommendations of staff as a positive development, and a form vindication. It issued a statement stating, in part:

The Maine Department of Environmental Protection has prepared a recommended board order. This is yet another example of how independent regulators at all levels have reviewed the project, weighed the expert evidence, and made a determination that the project is in the best interests of Mainers.

The company called the appeals a mere attack on public servants and evidence, in an effort delay and derail this project and protect out-of-state fossil fuel corporations’ bottom lines.

Monday’s postponement was the latest twist to a process that began in 2017. In 2017, Central Maine Power, which is a subsidiary Avangrid Inc. and NECEC Transmission, proposed the power line project. After a New Hampshire similar venture was blocked, Massachusetts officials and electric utility officials quickly made the decision to pivot.

The project has been Maine’s most contentious environmental crisis in decades. Despite years of government review, citizen input and campaigns, the public’s opinion has only gotten more polarized. There is no consensus as to the impact of the transmission corridor, currently partially constructed but on hold pursuant to DEP orders, on the region’s renewable power and climate change goals, electric rate, Maine’s prized forestlands, and future power ventures.

STATE STAFF BACKS PERMIT

Since the DEP permit was first challenged by project opponents, much has happened. Requests for the BEP to review the agency’s approval date up to June 202o.

The Natural Resources Council of Maine appealed the DEPs May 11, 2020 conditional approval of CMPs application for the construction of the power line project.

NextEra Energy Resources (West Forks Group) and NextEra Energy Resources (NextEra Energy Resources) each filed appeals on September 25, 2020 and requested BEP hearings. The Natural Resources Council then appealed the DEP commissioners conditional permission to transfer CMPs to NECEC Transmission LLC on Jan. 4, 2020.

The BEP decided that these appeals would be combined and considered at the canceled two-day meeting.

The DEP assembled a pack of materials for the meeting and a staff recommendation. This was a draft of a board order. The 77-page document is a mere advisory document. However, it contains some important conclusions. These include:

The licensee provided sufficient evidence that he or she was able to prove financial and technical capacity to develop the project in compliance with state environmental standards.

The licensee made appropriate provisions to integrate the development into the existing natural environment. It will not adversely affect existing uses or scenic character, water quality, or any other natural resources in the municipality and neighboring municipalities (as long the conditions are met).

The staff suggested additional conditions that deal with tree-trimming details along a corridor and are meant for wildlife and scenery protection.

NECEC is a project that will bring 1,200 megawatts power to the region.The route connects Hydro-Quebec in Canada with the New England electric grid. It covers 145 miles and passes through a Lewiston converter station. The project is being funded by Massachusetts’ electricity customers. It would be able to power approximately a million homes.

NECEC was under pressure to meet contracts with Massachusetts utilities by August 2024. But that deadline was put at risk after almost a year.60% of votersThe ballot initiative that was passed last November to reject the NECEC proposal was defeated.

Monday’s development will likely add uncertainty to an already uncertain process as supporters and opponents alike wait for the Supreme Judicial Court to rule. Sandi Howard of Say No to NECEC, said that regardless of whether the project is approved, the DEP will still have a role to perform. She said that clearing and construction had already begun. Towers will have to be demolished and the forest will need restoration at some point, regardless of whether it is this year or in 40 years.

She stated that the BEP was trying to make decisions but didn’t have all of the information from Law Court. It is a complex puzzle, with pieces interdependent.


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