Potential Appeals by Applicant or Intervenors Could Follow
During its public session on August 31 in Concord, the N.H. Site Evaluation Committee (SEC) pushed back the date it intends to decide on the application by Northern Pass by six months. It had been clear to many participants in the process that the previous deadline, Sept 30, 2017, would need to be pushed back. The state Counsel for the Public, among others, argued in favor of extending the deadline to help ensure a fair and complete adjudicatory process.
Presuming that the SEC hearings are completed by Dec. 31, post-hearing legal briefs would be due Jan. 31, 2018. An oral decision would be made by Feb. 28, 2018, with the SEC's written decision due by March 31, 2018. Any appeals of the SEC decision would begin at that point, ultimately leading to the N.H. Supreme Court with an unknown timeline.
Read InDepthNH's report by Garry Rayno in the Concord Monitor here. Michael Cousineau's reporting in the Union Leader can be read here.
Northern Pass expressed disappointment in the delay, which could impact the project's bid for a contract in response to the so-called Massachusetts Clean Energy RFP. The RFP process is designed to give Massachusetts consumers access to renewable energy, including large-scale hydro from Quebec. Hydro-Quebec has partnered with several different proposals, including Northern Pass, but Northern Pass still faces significant opposition to its 192-mile transmission line proposal in New Hampshire.
The SEC has held its final session for public comment about the Northern Pass proposal. (Written comments can be submitted at any time before a final decision is rendered.) In kicking off the last session, SEC Chair Martin Honigberg noted that to date public comments have run 11-1 opposed to the project. Thirty-five additional members of the public from across the state spoke at the final session, and all expressed opposition to Northern Pass as proposed. Speakers included Concord City Councilor Jennifer Kretovic who read a letter from the Council calling for burial of the line through Concord should the project be permitted.
Lastly, Northern Pass witnesses again seemed to fare poorly under cross-examination by intervenors and questioning by the SEC subcommittee itself. Cherilyn Widell of Widell Preservation Services LLC of Chestertown, Md., was on the stand regarding the impact Northern Pass on historic resources. Counsel for the Public Peter Roth took issue with the methods Widell and others hired to assess the project’s impact used and how thoroughly the evaluations followed state and federal guidelines. Then the SEC took issue with what was seen as an unnecessary delay in providing a key document.
It can't be good for the applicant when the headline after your expert testifies begins "SEC Blasts Eversource..."