The Land Use Regulatory Commission has begun deliberations on the Bowers Mountain Wind project, which CLF supported as an intervener.  Sean Mahoney presented a closing statement in support of the project  (Sean Mahoney Closing Statement 10-5-11) which built upon the testimony of Abigail Krich (Abigail Krich Direct Testimony 6-10-11 and Dr. Cameron Wake (Dr. Cameron Wake Direct Testimony 6-10-11).  As with many wind power projects in Maine today, the biggest issue for LURC to resolve is the project’s impact on scenic resources in the area.  The testimony of Roger Milliken (Roger Milliken Direct Testimony 6-10-11) spoke to the push and pull of that issue eloquently.  A decision from LURC on the project is expected sometime in early November.

Boston, MA – September 8, 2011- Conservation Law Foundation (CLF) issued the following statement in defense of the Cape Wind power purchase agreement, currently being disputed by opponents of the project. The Massachusetts Supreme Judicial Court heard oral arguments on the case today.

Seth Kaplan, Vice President for Policy and Climate Advocacy at Conservation Law Foundation, said, “The Massachusetts Department of Public Utilities (DPU) left no stone unturned when it reviewed and approved the contract between National Grid and Cape Wind. The DPU’s conclusion, based on extensive testimony and other evidence presented by both Cape Wind supporters and opponents, was that Cape Wind’s long-term power purchase agreement is ‘cost-effective’ and reasonable, and will deliver net economic benefits for electric ratepayers and the Commonwealth. Opponents have thrown up every possible obstacle to Cape Wind’s progress and this obstruction has had delayed the day when residents of the Commonwealth can reap considerable economic and environmental benefits of the project. The public’s patience is, appropriately, wearing thin. These stall tactics are draining public resources while keeping Massachusetts from benefiting from the clean energy and green jobs that Cape Wind will provide.”

Conservation Law Foundation, represented by CLF Massachusetts Director Susan Reid, intervened with the Union of Concerned Scientists, the Natural Resources Defense Council and Clean Power Now in the case of the Alliance to Protect Nantucket Sound vs. The Massachusetts Department of Public Utilities, filing a full brief in the case in July.

To read the full statement, click here.

Why buy when you can save? Power saved through energy efficiency is widely available, clean, and costs approximately one half to one third the cost of buying electricity from a power plant. During a nine-month workshop process with regulators, utilities and businesses, CLF recommended Vermont invest in far greater efficiency to aggressively tackle high-energy bills, curb pollution and climate change, and provide a more secure energy future. While Vermont regulators acknowledged that greater efficiency pays for itself and avoids more expensive power purchases and transmission upgrades, they ultimately approved only a small increase for efficiency efforts.

The Board’s order is disappointing. A limited number of businesses opposed increasing efficiency. This opposition is short-sighted. The most successful businesses are also the most efficient. They represent opportunities for growing our economy and keeping jobs in Vermont and pollution out of Vermont. With more energy efficiency, we can support and grow our economy instead of throwing our energy dollars out the window. Efficiency investments provide savings through financial incentives for equipment, lighting, renovation, and construction that allows buildings and homes to use less energy.

Even with this limited increase, Vermont will remain a strong leader on electrical energy efficiency. Unfortunately, there are still too many savings left on the table. As a result, Vermonters will be paying too much and polluting too much to meet our power needs. We could easily make twice the investment we are making now, and that’s what we should be doing. The Board’s decision is a baby step in the right direction, but we still have a marathon to run.

Another radioactive fish was found near the Vermont Yankee nuclear plant in southern Vermont.

This is the at least the third time a fish contaminated with Strontium-90 was found in the Connecticut River.

Vermont Yankee officials defy common sense.  They continue to claim there is no connection between the contaminated fish and the nuclear reactor on the banks of the river, choosing to blame nuclear bomb testing that took place decades ago and the 1986 Chernobyl accident.

An news articles point out, Vermont Yankee reported Strontium-90 releases to the NRC in annual reports from 2002, 2003, 2004 and 2005. So, what is more likely? That these releases caused radioactive isotopes to show up in fish a few miles downstream, or that events taking place over 25 years ago are to blame? During Public Service Board hearings last year, CLF’s expert showed that radioactive isotopes likely migrated through the site along with the release of tritium.  Hydrogeologist Stratton French testified:

“A more likely explanation for their occurence at these distant locations is that these radioisotopes migrated beyond the release point along groundwater flow pathways.  This conclusion is supported by Entergy VY’s own sampling data.”

This continues to show that Entergy is an untrustworthy partner to supply Vermont with energy.

PSNH: In a death spiral? (photo credit: CC/Nick Seibert)

In every possible way – on television, in mailings, and on the web – New Hampshire has heard again and again that the proposed Northern Pass transmission project will reduce electric rates for New Hampshire customers. The claim is at the core of PSNH’s case that the project is a good deal for New Hampshire. If only it were true…

As I mentioned in a post last month, the very design of the project as it stands is for reduced electric rates to benefit only those ratepayers that get their power from the regional electric markets. In New Hampshire, homes and small businesses in PSNH territory would see very little benefit because their energy rates are overwhelmingly tied to propping up PSNH’s old, inefficient fleet of coal-fired and oil-fired power plants.  These plants would not be able to compete with other cleaner power sources if forced to compete in the marketplace, something New Hampshire law does not currently allow and PSNH has fought to avoid. (Supposedly, an agreement between PSNH and Hydro-Québec for some power for PSNH customers is in the works, but, if it ever materializes, Northern Pass has said it would only be for a small amount of power, which would not do much to change PSNH’s overall portfolio. Northeast Utilities admitted as much in testimony before the Massachusetts DPU this week and also noted that there is “really little activity” around securing any such agreement.)

As explained in a piece on NHPR featuring our own Jonathan Peress, the above-market costs of PSNH’s aging fleet are causing large customers to buy power from (or “migrate” to) cheaper suppliers. Regulators this week turned back PSNH’s attempt to saddle those customers with its fleet’s escalating costs. But this situation is creating a so-called “death spiral,” because PSNH is forced to raise its rates again and again on a shrinking group of customers – homeowners and small businesses who do not have the purchasing power to contract with another supplier.

What does this all have to do with Northern Pass? The truth is that Northern Pass will – indeed, is intended to – make the “death spiral” worse.  If Northern Pass lowers the regional price of power as all those ads proclaim, it will make PSNH power even less competitive, causing even more customers with choices to leave PSNH behind.  PSNH spokesman Martin Murray so much as promises that result when he says in the NHPR piece that Northern Pass power will not displace PSNH generation. As Jonathan explained on NHPR, that means that the same homeowners and small businesses that will have to deal with 180 miles of new transmission lines will have higher, not lower, electric rates. This is not the Northern Pass story PSNH has been telling.

None of this makes sense. PSNH’s coal- and oil-fired power plants are bad for ratepayers and disasters for public health and the environment. As our lawsuit filed last week makes clear, PSNH’s efforts to prop up its largest plant failed to comply with even basic emissions permitting requirements and have increased that plant’s emissions. Any plan to import Canadian power with PSNH’s name on it should provide real benefits to its own customers and focus on responsibly freeing New Hampshire (and the lungs of millions of New Englanders) from PSNH’s dirty, uncompetitive dinosaurs.

ADDED: I should also point out, in the same Massachusetts DPU proceeding mentioned above, that counsel for NSTAR (the junior partner in Northern Pass) asserted that “[i]t’s entirely speculative as to what the impact of Northern Pass will be on rates in New Hampshire, and then [migration].”  Quite a statement given Northern Pass’s public relations campaign asserting that rates will go down. And we disagree with NSTAR’s counsel wholeheartedly. It is reasonable – not speculative – to expect the current proposal will lead to higher rates for PSNH ratepayers.

The nuclear industry – and Entergy in particular – sure seems to have problems keeping promises.  Back in the 70s, nuclear power was “too cheap to meter.”  With Vermont Yankee, Entergy officials swore under oath there were no underground pipes.  Then those pipes were found to be leaking.  Last month, Entery told a federal court judge it needed an immediate court order to stay open to make the $65 million investment in new fuel.  The Court didn’t buy Entergy’s bullying and last week declined to order a preliminary injunction.  Today, Entergy announced it will purchase the fuel anyway.

Entergy’s fuel purchase decision is not surprising.  The court’s order noted that refueling will cost between $60 and  $65 million, and Vermont Yankee will generate $90 million in revenues by operating until March 2012.  Vermont Yankee’s revenues will cover its fuel costs.

Still, this is a dubious and risky business decision for Entergy.  Their Nuclear Regulatory Commission license is on appeal.  CLF is representing the New England Coalition in this appeal.  Also, Vermont Yankee does not have the needed permission to operate from Vermont past 2012.  This is an old reactor with a long and troubled history.  Retiring the facility as planned on March 2012 is the responsible thing to do.

Entergy’s credibility is buried along with its leaky pipes.  Any economic risk is Entergy’s own making.  Vermont continues to have a strong legal case.  States have the right to decide their energy future and land use and shouldn’t be forced to accept polluting, unreliable and untrustworthy nuclear plants and operators.  Let’s leave a clean energy legacy to our children and grandchildren.

Merrimack Station power plant in Bow, NH. (Photo credit: John Moses)

Today CLF filed a federal Clean Air Act citizen suit in New Hampshire federal district court against Public Service Company of New Hampshire (PSNH), the owner of Merrimack Station power plant for the plant’s repeated failures to obtain required air permits. CLF’s citizen suit also cites numerous violations of Merrimack Station’s current permits and the resulting illegal emissions from the plant.

Merrimack Station  is among the most polluting coal-fired power plants in New England and is the single largest source of greenhouse gas emissions in New Hampshire, releasing over 2 million pounds of toxic chemicals every year. In addition, the plant is causing PSNH’s energy rates (already the highest in New Hampshire) to steadily climb as ratepayers are forced to foot the bill for the above-market cost of keeping PSNH’s old coal plants in operation.

CLF’s complaint contends that the plant, which is more than a half-century old and is in the midst of a major, multi-faceted life extension project, never obtained required permits authorizing renovations to major components of Merrimack Station, including much of an electric-generating turbine, even though the changes increased pollution from the plant.  As predicted by PSNH’s own projections, the changes led to more emissions of pollutants, including smog-causing nitrogen oxide and particulate matter, or soot, which causes respiratory problems when inhaled and is linked to increased hospitalizations, lung damage in infants and children, and premature death.

“In the course of this project, PSNH has repeatedly violated the Clean Air Act, putting the health of the public, especially children and senior citizens, at risk,” said Christophe Courchesne, CLF staff attorney. “PSNH is not above the law and CLF is committed to holding them accountable. With PSNH trumpeting the supposed ‘clean air’ benefits of the Northern Pass project with full-page ads in newspapers across New Hampshire, it is imperative to shine a light on PSNH’s coal plants, which easily cancel out the purported benefits of Northern Pass.” Read more >

Vermont moves a step closer to shuttering the aging Vermont Yankee nuclear power facility as planned in 2012.

In a strong rebuke to Entergy, the facility’s owner, the United States District Court denied a request to keep the plant open while Entergy’s legal challenge proceeds.  Entergy sued Vermont in April.  Entergy seeks to prevent Vermont law – which requires state approval - from taking effect.

The Court denied Entergy’s request for a preliminary injunction, stating:  ”This Court declines to order short-term drastic and extraordinary injunctive relief that will not offer certainty either in the short or long term, and will have no operative effect on state actions before trial.”

The Court rejected each of Entergy’s claims of harm.  The Court noted that a decision about refueling is “a business decision made very difficult by the uncertainties of litigation.”  The Court stated:  “In the unique circumstances presented here, the decision to refuel is either not harmful if Entergy prevails on the merits, or is not a cognizable injury if Vermont’s statutes are upheld.”    Refueling would cost between $60 and $65 million.  Revenues of $90 million would be earned from operating the plant until its planned closure in March 2012.

A full trial will take place this fall.  The Court’s decision on the injunction is a solid victory for Vermont at this stage.

Map of Northeast Energy Link (potential route in yellow)

Earlier this week, National Grid, Emera, and First Wind announced preliminary plans for a major new transmission project between northeastern Maine and Massachusetts – the Northeast Energy Link (NEL).  The financing structure for the project, known as “participant funding,” is similar to the structure that federal regulators approved for the Northern Pass project in 2009.  NEL would consist of 220 miles of underground, high voltage direct current (HVDC) transmission lines, apparently to be sited in existing rights of way and transportation corridors, that would deliver 1,100 megawatts of power from future wind projects in northern Maine, as well as additional imports from Canada, to southern New England. National Grid and its partners have apparently found a way to make the economics of burying lines in already disturbed corridors work.  This development deeply undermines the continued refusal of the proponents of the Northern Pass project, despite CLF’s and others’ repeated requests, to consider the same approach.

NEL is an intriguing proposal, particularly because it emphasizes New England-based wind resources. As with Northern Pass, the proposal warrants thorough review through robust, comprehensive permitting processes.

More immediately, the proposal underscores the urgent need for the regional energy study CLF and others are requesting within the Northern Pass permitting process.  There simply is no comprehensive plan in place addressing the best approaches for facilitating imports of Canadian power, if needed, and for adequately connecting homegrown renewable resources in remote areas to customers in southern New England.  With no plan, all we can do is react, piecemeal, to each private proposal that comes along.  Our energy and environmental agencies should be assessing the need for new transmission projects and then should consider only the best approaches that prioritize energy efficiency, minimize environmental impacts, reduce our reliance on the dirtiest power plants, and provide real public benefits. 

The recent delays in the Northern Pass review mean that the U.S. Department of Energy has a golden opportunity to help develop a regional plan, along with other stakeholders in the New England states and elsewhere in the Northeast.  CLF-NH Director Tom Irwin and a number of the other organizations that joined our motion to DOE seeking such a study make the case on the op-ed page of today’s Concord Monitor.  You can access the op-ed here.