CONCORD – Property rights advocates won a strong victory Wednesday when the state Senate opposed use of eminent domain for the Northern Pass transmission line project.

By a two-to-one margin, the Senate approved outlawing eminent domain for any electric transmission line not eligible for federal or regional tariffs as a needed project. The 16-8 passage of the amended language was a key test vote.

Senate President Peter Bragdon, R-Milford, said he thinks Northern Pass could never qualify to use eminent domain with the new language in the legislation.

“I’m very confident it’s air tight,” Bragdon said of the amendment he crafted with Sen. Jeanie Forrester, R-Meredith.

Sen. Jim Luther, R-Hollis, was in the minority opposing the move.

“I just think it went too far. We all oppose the use of eminent domain for private development, but the high cost of energy is killing our ability to grow jobs in this state,” Luther said. “We need new energy sources.”

The Senate then passed the amended bill, 23-1 with Sen. Jim Rausch, R-Derry, the only opponent.

The bill goes over to the House of Representatives, which has to decide whether it can embrace this change or insist on its own language banning eminent domain.

Rausch said state law only dilutes the 2006 amendment, known as Article12-A, that voters added to the N.H. Constitution outlawing eminent domain for a private project.

“Legislation can be repealed; it can be changed. I believe it weakens it,” he said. “I think this is the wrong approach.”

Forrester noted the Legislature in 2007 passed eight state laws outlawing eminent domain, but omitted the law governing public utilities.

“This is the first test of the true purpose of Article 12-A, and the landowners along Northern Pass can’t afford for us to fail this test,” he said.

Senate Majority Leader Jeb Bradley, R-Wolfeboro, had earlier opposed an eminent domain ban on Northern Pass and warned the Bragdon proposal could cede state authority.

“Are we not potentially ceding to regional and federal regulators state jurisdictional authority?” Bradley asked rhetorically.

James Monahan is a lobbyist who represents two opponents of Northern Pass: the New England Power Generators Association and the Society for the Protection of New Hampshire Forests.

“This is a good fit and it protects the rights of property owners which we were looking for,” Monahan said.

Public Service of New Hampshire seeks to build the Northern Pass, a transmission line grid and generating station to deliver 1,200 megawatts of cheaper hydroelectric power from Hydro Quebec through New Hampshire and into southern New England.

PSNH spokesman Michael Skelton insisted the project remained on track with no intention to use eminent domain.

“In general, the project has never been predicated on the use of eminent domain,’’ Skelton said. “We have some concerns with what the Senate has come up with because the state is handing over to federal regulators powers the state has had.”

PSNH officials maintain the project can clear federal hurdles for the use of eminent domain.

“Our understanding is that this FERC policy hasn’t been determined yet, and we look forward to working with federal and regional regulators on development of a policy that fully considers projects like Northern Pass,’’ PSNH said after the Senate vote.

The Senate adopted another amendment from Senate Democratic Leader Sylvia Larsen of Concord to create a commission to look at burying the power lines or locating them along state-owned rights of way.

“I hope this sends a message that New Hampshire is open for business,” Larsen said. “We want the jobs that burying lines would bring.”

Later Wednesday, the Senate had to scramble to fix the amended bill, HB 648, that inadvertently had struck out Bragdon’s compromise.

Kevin Landrigan can reached at 321-7040 or klandrigan@nashuatelegraph.com.

Comments