NYRI future

Now that a couple of days have gone by since the announcement that anti-NYRI law is passed, opinions are being expressed about what it really means. Anti-NYRI groups are not expressing relief although most are pleased by the effort of the state law makers. NYRI did not give up or go away.

It seems obvious from the outset, that NYRI is planning their effort to be at the federal (FERC) level. They put their application into FERC before they started the New York state process.

The New York Public Service Commission application is not a serious effort by NYRI. They have not done environmental impact studies. At the time of their public meetings, they admitted they were not very familiar with the route and had not walked it or surveyed it.

All NYRI needs to do is ask for the Public Service Commission to take their paperwork and call it an application. If they leave out important information, the Public Service commission can request it. It the process takes a long time, that is fine. The clock is ticking from the date of their application -- May 31, 2006.

The stalled application does not hurt NYRI. They just need it to be stalled for one year.

The Energy Act of 2005 states that FERC may intervene in the process if it has been held up for one year at the state level. This is what is nicknamed as "backstop authority". The NYRI route needs to be designated as a NIETC (National Interest Energy Transmission Corridor) for the FERC to assert its "backstop authority". They put this application in for this designation last March.

This is the strategy of NYRI and has been from the start.


One more point can be made about the New York State law. It only applies to the NYRI power line if it is built entirely within New York State.

The original FERC application used the first map offered on the NYRI web site. I luckily have a paper copy of what used to be there. To refresh everyone's memory -- the map showed a route that dipped into Pennsylvania south of Binghamton.


My conclusion is that NYRI just has to add this little sidetrip into their current plans. They can avoid any court appeal of the law by just crossing the border into PA. Our new law will not touch them and eminint domain can be used as needed.


Actually, the law may actually backfire and cause NYRI to change their route to go through a more populous region in Broome County. Broome County residents should feel more nervous about this turn of events.