By Megan R.
In a ruling issued on February 18, the US Fourth Circuit Court of Appeals said that if a state’s Public Service Commission (PSC) denies an application for a company like NYRI, the federal government cannot overturn it.
This ruling takes a tremendous amount of power away from NYRI. NYRI’s backup position has been the federal government if the PSC does not grant it permission to build its 400,000-watt powerline. The control is no longer in the hands of NYRI, providing that certain steps are followed.
The PSC must deny the application within one year of its submission or the federal government can step in. NYRI claims that the year deadline has already passed because its application was initially submitted in February 2008.
However, PSC spokesperson, Annie Dalton, said, “The application was complete as of August 2008.” According to the PSC, not all of the information was received until August, therefore giving them until August 2009 to deny the application.
The Appeals Court ruling was greeted with excitement in the local area. “Their next steps should be to pack up and go home,” said New York State Senator John Bonacic’s attorney, Langdon Chapman.
But in spite of the setback, NYRI is not giving up here. “This is definitely a big thing, but they have lawyers,” said Jim Rodgers, Upper Delaware Council (UDC) member.
NYRI has one other argument as to why the Fourth Circuit’s court ruling does not apply to them. NYRI spokesperson, David A. Kalson, stated that the electrical grid is mapped out regionally, not state-by-state and therefore remains a federal concern, not a state one.
In response to this claim, Chapman said, “Their allegations are desperate.”
The PSC has not made a decision as to whether the permit will be granted or denied. They are now moving into the evidentiary phase, where the owners of NYRI and other groups will state their case under oath. The commission will then make the decision to accept, reject, or modify the case.
Senator Bonacic strongly believes that “NYRI is a powerline proposal that should have never been made and should not be allowed,” and according to a recent press release, Congressman Maurice Hinchey said, “The Fourth Circuit’s ruling is a decisive and hopefully fatal blow to the powerline proposal that the NYRI is trying to force upon the residents of New York.”
The PSC could not release any other information at this time, but NYRI opponents are certainly rejoicing.
