|
|
 |
 |
 |
|
Forest Society, 1/31/2012
In his final State of the State speech, Gov. John Lynch addressed the following environmental issues, including his stand on the Northern Pass proposal:
"Over the past eight years, we’ve worked together to preserve thousands of acres of open space; to reduce mercury pollution; to protect our clean waters.
We’re building a new energy future, with an energy efficiency fund to help businesses and residents cut their energy costs, and new standards that are spurring renewable energy projects.
Now, we have new wind plants under construction, as well as a new biomass plant that will help create 400 construction jobs in Berlin and contribute enough home-grown energy to power about 70,000 homes.
These were bipartisan efforts, because New Hampshire citizens have long recognized that we have a responsibility to cherish and preserve our natural resources.
I strongly believe that the New Hampshire environment that we give to our children and grandchildren should be just as good, if not better, than the one given to us. That is why I will stand firm against bills that undermine our environment.
One of the biggest issues facing our state and our environment is the proposal for the Northern Pass. I support bringing more renewable power to our state. It is in our long-term interests to diversify our power sources, and we should not dismiss out of hand the idea of hydropower from Canada.
But the proponents of Northern Pass need to listen better. This project cannot happen without local support. And it should not happen with eminent domain."
Forest Society, 1/25/2012
The New Hampshire Senate today voted 23-1 to pass HB648, clarifying that private powerline companies may not apply to the Public Utilities Commission to be able to use eminent domain in siting transmission lines such as the proposed Northern Pass project.
"This is a huge victory for New Hampshire homeowners and landowners," said Jane Difley, president/forester of the Society for the Protection of New Hampshire Forests. "It's also critically important for the ongoing protection of existing conservation lands like the 5,800 acres surrounding the Balsams in Dixville Notch. On behalf of our members and the majority of New Hampshire landowners who joined us in the support of this bill, I commend the Senate for their willingness to understand the issues and come to a near-unanimous, bi-partisan consensus. Today they voted to uphold the rights of landowners who pay property taxes, protect water quality, often allow recreational use of their lands and provide jobs through sustainable forest management.
"HB648 still needs to be agreed upon by a Committee of Conference between the House and the Senate, but we are extremely pleased that the Senate has joined the House in speaking loudly and clearly on the sujects of which kinds of projects have access--and which do not have access-- to eminent domain under Article 12a of the New Hampshire constitution."
Forest Society, 1/20/2012
Soon after Northern Pass, a private shell corporation, announced their proposal to erect more than 1,100 towers across 180 miles of New Hampshire landscape in the fall of 2010, landowers began reporting that project representatives were suggesting that, if necessary, they would use eminent domain to build the private transmission line. They have refused to voluntarily take eminent domain off the table as way to get what they, a private corporation, want.
This is in spite of the fact that in 2006, New Hampshire residents voted overwhelmingly (85%) in favor of a constitutional amendment (Article 12-a) that prohibits the use of eminent domain for private development. So why would Northern Pass think they have a 'pass' on the New Hampshire constitution?
Northern Pass, LLC, is trying to have its cake and eat it, too. The Northern Pass project is a private 'participant-funded' transmission line proposal that would enable Hydro-Quebec to sell electricity to it's own subsidiary, Hydro-Quebec U.S. As such, it's clearly a private development project that has not met any standard of public need. But Northern Pass, LLC, continues to act as if it were a public utility with a public project, including reserving the right to use eminent domain.
That's why House Bill 648 is so important. The original intent of HB648 was to amend RSA 371:1, which outlines under what limited circumstances public utilities may petition the Public Utilities Commission to use the state's power of eminent domain, to make it clear that a private, participant-funded project such as Northern Pass may NOT petition the PUC for the right to use eminent domain.
The NH House of Representatives passed HB648 by a wide margin in May of 2011. In June, the Senate chose to send the bill for additional study. In December 2011, the Senate Judiciary Committee amended HB648 in a way that undermined the original intent of the bill, and sent it on for a full Senate vote in January, which is scheduled for 10 a.m. on Wednesday, Jan 25.
In response, Senate President Peter Bragdon and Senator Jeanie Forrester are proposing a different amendment to HB648 that achieves the protection and clarification sought by property rights advocates. The Bragdon/Forrester amendment can be read here.
This issue is critical for all New Hampshire homeowners and landowners, not just those in the North Country. In the Concord area, for example, Northern Pass wants homeowners to move their house because it's 'in the way' of their private transmission line.
The Forest Society supports private property rights. As property owners ourselves and as the holder of more than 700 conservation easements, we have a legal and ethical duty to protect conserved lands from the unconstitutional use of eminent domain. The Forest Society encourages all homeowners and landowners to contact their state senators (see a list here) and ask them to support private property rights by voting in favor of the Bragdon/Forrester amendment and passing HB648.
Forest Society, 1/11/2012
On January 18, the New Hampshire State Senate will vote on HB648. For anyone who values private property rights, this is one of the most important votes this legislative session. Please call your state senator before January 18 and ask him/her to support the Bragdon/Forrester amendment to HB648.
This amendment makes clear that private developers do not have access to eminent domain for energy projects. It also makes clear that Article 12-a, the constitutional amendment adopted by 85 percent of all New Hampshire voters in November 2006, applies to ALL private developers.
Contact your State Senator today (click here to find contact information for your Senator). Tell your State Senator that you expect him or her to defend Article 12-a, and not to support the recommendation of the Senate Judiciary Committee.
If you have any questions, don't hesitate to call Will Abbott, VP of Policy and Land Management at the Forest Society at 224-9945.
Forest Society, 12/26/2011
Going into the long Christmas weekend, donations to the Forest Society's Save the Balsams Landscape campaign were just over $100,000--not a bad result after barely two weeks. However, the holiday weekend was a real boost to the campaign as total donations had jumped to more than $200,000 before the end of Christmas Day.
"Each breaking news story brought a flurry of gifts as donors encouraged us to carry on in spite of the challenge by Northern Pass and then celebrated the favorable decision by the Director of Charitable Trusts by giving even more," said Susan Kibler-Hacker, vice-president of development at the Forest Society."It is a testament to the importance of this project that so many people took time out of a busy holiday week to support our efforts."
The Forest Society must raise a total of $850,000 by Jan. 15 to conserve 5800 acres and acquire the powerline easement, which will then be extinguished. Donations can be made online here.
Forest Society, 12/23/2011
The Forest Society is aware that Northern Pass continues to attempt to interfere in a transaction between two private parties, the Tillotson Corporation and the Society for the Protection of New Hampshire Forests. Curiously, PSNH and Northern Pass seem unclear on the fact that the negotiations are over and that they are an unwanted suitor. The Forest Society has a signed legal contract to acquire conservation restrictions and the power line right of way on 5800 acres of lands surrounding the Balsams Wilderness Resort, and we have every intention of completing that transaction by Jan. 15.
We would point out that as a 110-year-old non-profit land trust that holds more than 700 conservation easements, the Forest Society is uniquely qualified to determine appropriate conservation outcomes, acquire conservation easements, and monitor those easements. Northern Pass, a for-profit shell corporation seeking to build a private commercial transmission line, would not be in a position to make such judgements or to acquire such a conservation easement.
It's clear that Northern Pass and PSNH are unwilling or unable to understand that not everything has a dollar price. It's also evident that Northern Pass and PSNH will resort to any tactics in attempt to force private landowners to sell to them. This is what landowners across New Hampshire have to look forward to as Northern Pass and PSNH attempt to bully their way across the landscape for their private transmission project.
That said, we appreciate the publicity their actions are bringing to our fundraising campaign. Online donations may be made at www.forestsociety.org/balsams . More information about our campaign to conserve the iconic Balsams landscape can be found here http://savethebalsamslandscape.blogspot.com/.
Merry Christmas!
Forest Society, 12/21/2011
As Annmarie Timmins reports here in the Concord Monitor, Northern Pass is so unhappy about the Tillotson Corporation's decision to pursue a conservation outcome for the lands surrounding the Balsams that they had their attorneys complain to the NH Charitable Trusts Division. Their complaint? That Tillotson should have taken their offer instead, and was somehow obligated to do so.
To learn more about the Save the Balsams Landscape campaign, click here.
We believe that the Attorney General’s office will agree with the Tillotson Corp that the transaction outlined in our Purchase and Sale agreement with them is in the best interests of the North Country. Tillotson Corporations' responsibilities include more than genuflecting to whomever shows up with tthe biggest pot of money.
The attempt by Northern Pass to interfere with a transaction between two private parties is a clear indication of their desperation. It’s the moral equivalent of using eminent domain to force a private landowner to sell to them.
"We understand that corporations like Northern Pass are focused on the bottom line," said Jane Difley, president/forester of the Forest Society. "However, like many of our fellow landowners and our conservation partners, we also understand that money isn’t the only thing that matters in New Hampshire. Our forests, our land, scenic views and iconic places matter deeply to us. And they can’t always be bought."
Forest Society, 12/12/2011
The Judiciary Committee of the NH State Senate voted 4-0 on December 8 to adopt a recommendation to the full Senate. If adopted by the full Senate in January, it will have the effect of throwing the constitutional property rights of all New Hampshire landowners under the bus.
New Hampshire voters adopted a constitutional amendment in November 2006 that specifically prohibits the use of eminent domain by private developers for private development projects of any kind. NH voters adopted this amendment by a 85% to 15% margin. Today, New Hampshire faces the first big test of this amendment. Northern Pass LLC, a private developer proposing to build a power line through 180 miles of New Hampshire to be used exclusively by Hydro-Quebec to export its electricity to markets in southern New England, claims it has access to and will use the state power of eminent domain if needed to complete the Northern Pass project. These claims ignore the very constitutional rights secured by the vote of NH citizens in 2006.
In the 2011 legislative session, the New Hampshire House of Representatives voted 317-51 to pass House Bill 648, which proposes to amend current law governing the use of eminent domain by utilities and to bring this law into alignment with the 2006 constitutional amendment. The House passed bill was written to make clear in current state law that eminent domain is inaccessible to private transmission projects like Northern Pass. The Senate Judiciary Committee vote of last week gutted the House language, and replaced it with new language that completely avoids the goal of the original bill.
NH landowners who want to protect the hard-won property rights secured by Article 12-a are left with one recourse for immediate relief: We must persuade at least 13 members of the 24-member New Hampshire State Senate to stand up for the property rights granted by Article 12-a. The State Senate needs to join the House of Representatives in making clear that private development projects like Northern Pass DO NOT have any right to condemn private property. Contact your State Senator today (click here to find out who your Senator is and how to make contact). Tell your State Senator that you expect him or her to defend Article 12-a, and not to support the recommendation of the Senate Judiciary Committee.
Forest Society, 9/9/2011
At the heart of the debate over the Northern Pass proposal is the question of public benefit. Does southern New England need the power Hydro-Quebec wants to sell? Today they do not, but the argument has been that demand for electricty will rise over time, because that's what's has happened historically.
But according to the Electric Power Research Institute, residential electricty demand has leveled off and is expected to FALL over the next decade by about .5 percent. Associated Press reporter Jonathan Fahey summarizes the report here. Fahey quotes National Grid's Ed White: "Over the last six years we have seen decreased or flat growth, especially on the residential side."
Sarah Gardner of American Public Media also talks about the new projections on Marketplace on National Public Radio here.
Given that the slowing demand for electricty would appear to be due in part to more efficient devices and other conservation measures, it's worth asking another key question: If it will cost more than one billion dollars to bring 1200 MW of power to southern New England across 180 miles of New Hampshire landscape via 1100 towers, how many MW of power could we save by investing that one billion in conservation instead, using no new towers?
Forest Society, 9/9/2011
As the Dept. of Energy, the NH Site Evaluation Committee and others consider the Northern Pass proposal, they need good information about the impacts 180 miles of powerline strung across 1100 towers would have on New Hampshire. Environmental impacts as well as socio-economic impacts. And they need to have a fair examination of reasonable alternatives to the Hydro-Quebec/Northeast Utilities proposal, including the no-build option. The Environmental Impact Statement is meant to provide that information, leading many to be concerned that the EIS process could be manipulated by the applicants (HQ/NU). To that end, there have been a number of fair questions about the EIS scoping process (including who decides what the EIS will include) and about what firm will conduct the EIS, and what data they will use.
The DOE has selected the SE Group to conduct the EIS. You more about the SE Group on the DOE website here.
You can read the Memorandum of Understanding among the DOE, SE Group, and Northern Pass, LLC here.
Chris Jensen of NHPR summarizes the Dept. of Energy's most recent responses to some of the concerns voiced by landowners and others who fear the EIS process will be less than transparent here.
Read more at the No Northern Pass NH blog.
|
|
|
