NYRI addressed in Washington

Representative Sue Kelly enters the fray

By FRITZ MAYER

WASHINGTON, DC — Representative Sue Kelly, whose district includes Orange County, NY, introduced legislation in Congress last week that would close what she calls a “loophole in national energy law” and would prohibit New York Regional Interconnect (NYRI) from using eminent domain to build its proposed power line project in New York.

Kelly’s legislation would rescind a provision of the Energy Policy Act of 2005 that allows permit holders to petition U.S. district courts for the right to use eminent domain. Similar legislation has been passed in New York on a statewide level with legislation put forward by Senator John Bonacic. That legislation has yet to be sent to Governor Pataki for his signature, although it is unclear if he will sign it.

U.S. Rep. Sherwood Boehlert, a congressman whose district includes Utica, NY, which will be bisected by the proposed power lines, aided Kelly’s effort. Boehlert said he doesn’t think the legislation will be voted on this year but he hopes it will be reintroduced next year.

NYRI executives have said they will use eminent domain to build the project if that becomes necessary. The issue of eminent domain has become politically sensitive since the U.S. Supreme Court ruled on a case in 2005 that allowed private land to be taken by eminent domain for private development in New London, CT.

In her comments on the house floor, Kelly said the energy act of 2005, “…gives eminent domain power not to an accountable government entity, but rather to private companies.” She said that until this provision is repealed, local residents, as well as their local and state governments, are powerless to prevent a permit holder from seeking eminent domain to build power lines.

According to Bonacic, the eminent domain provision is valid in all 50 states except one: the authors of the bill specifically exempted Texas from the provision.