CLF’s Top 10 Blog Posts of 2012

Jan 2, 2013 by  | Bio |  Leave a Comment

The Latest on Northern Pass: A Year-End Roundup

Dec 28, 2012 by  | Bio |  Leave a Comment

As CLF begins a third year of advocacy on the Northern Pass project, some updates are in order:

The “New Route” Drama

With 2013 only days away, it is looking more and more likely that Northern Pass Transmission LLC (NPT) will not have secured 100% of a “new route” for the project’s northernmost portion by year end, as its public statements have been promising for months. As chronicled in a Boston Globe front-page story published earlier this week (the national daily’s first major story on Northern Pass), landowners are rejecting repeated offers from NPT, and our friends at the Society for the Protection of New Hampshire Forests have secured agreements to conserve key parcels along what appears to NPT’s preferred new path. (According to report in yesterday’s Union Leader, NPT officials are readying some kind of “update” on the project’s progress, which may raise more questions than it answers.)

If NPT fails to make good on its promised “new route,” it will be a singular embarrassment and signal more wasted months of self-inflicted delay. It also will continue NPT’s troubling pattern of misleading investors and peddling falsehoods about the project.

Whatever the success of NPT’s attempt to buy a transmission corridor through New Hampshire’s North Country, Northern Pass overall will remain the same flawed proposal that affected communities and stakeholders have overwhelmingly rejected over the last two years. Susan Arnold of the Appalachian Mountain Club and I penned an op-ed with this message, and it was widely published in New Hampshire newspapers this month. Please take a moment to read the op-ed here.

NU’s False Statements Get Noticed

Over the last month, the Boston Globe, the Concord Monitor, Connecticut newspapers, and NHPR (complete with audio) published stories on Northeast Utilities CEO Tom May’s blatantly false statements about support for Northern Pass. Instead of correcting the comments, NU’s spokesperson compounded Mr. May’s misstatements by insisting, contrary to any possible interpretation of the comments, that Mr. May was speaking about support for the Cape Wind project – a renewable energy proposal backed by a strong public campaign that is co-sponsored by many of the region’s environmental groups. The contrast with Northern Pass couldn’t be starker.

A Broken Permitting Process

The Department of Energy’s permitting process for the Northern Pass project remains tainted by its abdication of responsibility to select an independent and impartial contractor to prepare the crucial environmental impact statement for the project. In a recent letter to Senator Shaheen, DOE repeated its prior position that it sees nothing wrong with the way the current contractor team was selected because NPT’s extraordinary role in the selection process was not unusual. As I explained in October, a precedent of repeating a mistake is no justification. In November, CLF filed a new Freedom of Information Act request to understand the activities of the contractor team, DOE, and NPT during the last year and the extent of NPT’s influence over the direction of the permitting process.

An Underground Alternative Emerges

Meanwhile, we are learning more about a realistic alternative to NPT’s current proposal that could address some community concerns and provide new public revenues. In November, a state legislative commission released an important report highlighting the feasibility of siting underground high-voltage transmission lines in state-owned transportation corridors. The report can be found here (PDF) and followed a lengthy process of collecting testimony and input from dozens of stakeholders, including CLF and a number of other conservation organizations. The report found that underground transmission technologies and corridors are “being used extensively throughout the U.S. and internationally,” “may increase the reliability and security of the electric transmission system,” and “may be technically and financially competitive with other transmission designs and locations.” The commission pointed to other pending transmission projects that incorporate underground technologies sited in state-owned transportation corridors as an indication that this approach “can be technically and financially viable.” (Earlier this week, New York officials recommended approval of one of these projects – the Champlain Hudson Power Express between Québec and New York City, which now includes more than 120 miles of underground high-voltage transmission in active railroad corridors and highways.)

While the state agency officials participating in the commission were reluctant to endorse specific policy proposals in the report (which they saw as outside the commission’s charge), many commission members emphasized the need for a proactive, comprehensive energy plan and a regulatory framework that would help New Hampshire assure that new transmission projects provide meaningful public benefits.

A majority of the commission’s legislator members recommended changes to the state siting process for energy projects, including a requirement that a transmission developer bring forward an underground alternative to any overhead project. It is expected that these recommendations will be among the many legislative proposals to amend the state siting law during the 2013 session of the New Hampshire legislature.

*             *             *

What will 2013 bring for the Northern Pass project and New Hampshire’s energy future? Stay updated by signing up for our newsletter Northern Pass Wire, and be sure to check in with CLF’s Northern Pass Information Center ( and all of our latest Northern Pass posts on CLF Scoop. You can also follow me on Twitter, where I often point to recent news articles on Northern Pass.

Bright Energy Forecast: Saving Electricity, Reducing Pollution, Saving Money

Dec 12, 2012 by  | Bio |  Leave a Comment

For decades Conservation Law Foundation has pushed for more energy efficiency, which continues to be the lowest cost, cleanest and most reliable way to meet power needs. More energy efficiency means fewer dirty coal plants, fewer monstrous transmission lines, and more money in our pockets. We all win.

The operators of the New England Power grid, the ISO-New England, released their energy-efficiency forecast. The news is pretty remarkable.  It shows the real effect of our commitment to energy efficiency. You can read the report here.

In states like Vermont, efficiency will more than offset expected growth and allow older and dirtier supplies to step aside.


By comparison New Hampshire, which has not invested as much in efficiency, continues to grow its power use and continues to pay too much for ever more polluting power supplies.

In the words of the ISO New England, the energy efficiency forecast shows the states’ investment in energy efficiency is having a significant impact on electric energy consumption and peak demand. About $260 million in transmission expenses have already been deferred for New England customers. (p.23).

That’s $260 million in our pockets.

What’s also important is that these are very conservative numbers: if states like Massachusetts and Rhode Island meet their goals for helping customers to save energy and money the reductions in energy use will exceed what the ISO is presenting.

This report shows that investments in electricity efficiency are really paying off – we need to apply the lessons from that sector to other areas, like ensuring we use natural gas and oil very efficiently as well, saving customers money while reducing pollution and fuel imports.

More savings are available. Some states are not making as large investments in energy efficiency as others. New Hampshire for example is causing its citizens to experience unnecessarily high costs.

It is good to see the bright payoff from what are only the beginnings of our efficiency investments.





Why We Need to Repair and Maximize the Efficiency of Our Existing Natural Gas System Before Looking to Expand

Dec 7, 2012 by  | Bio |  Leave a Comment

As the exuberance for “cheap, domestic” natural gas has heightened, so has pressure to build new pipelines and power plants.  Often lost in the frenzy, however, is the sobering reality that our existing natural gas infrastructure is in need of some serious care and attention.  A recent study highlighted the fact that the pipelines that deliver gas to our homes and businesses are riddled with thousands of leaks.  A large number of those leaks can be blamed on a system that still includes significant amounts of cast iron–some of which dates back to the 1830s.

Explosions in Philadelphia and Allentown, Pennsylvania in 2011 as well as a 2009 explosion in Gloucester, MA were traced to aging cast iron.  Coupled with the massive San Bruno explosion, the issue spurred the U.S. Department of Transportation to issue a “Call to Action” urging regulators and pipeline operators to accelerate the repair and replacement of high risk pipe.  Given this sense of urgency, the estimated timelines for replacement seem interminably long:

  •  81% of the remaining cast iron is buried in only 10 states:
Miles of
Iron Mains (2011)
New Jersey
New York
  • Of these states, seven have implemented programs with deadlines for complete replacement:
  • New Jersey – 2035; New York – 2090; Pennsylvania – 2111; Michigan – 2040; Illinois – 2031; Alabama – 2040; Connecticut – 2080; Missouri – 2059.

Really? Decades to get the job done, at best?  And about a century to fully “modernize” pipes in some states? Sad, but true.

Though public safety is the primary driver behind pipe replacement and repair, whether the natural gas industry ultimately delivers on its claims for being less damaging to the climate than oil or coal depends on how well natural gas infrastructure addresses leaks.  In addition, those who are clamoring to blindly forge ahead expanding new natural gas infrastructure before we’ve fully assessed the condition of our current system would do well to remember the lessons that New England has already learned so well about the financial and environmental benefits of looking to efficiency first.  Not only is investment in new pipelines and power plants expensive, but it comes with serious and lasting environmental consequences whose costs are too often discounted or ignored.  Why not maximize opportunities for operating the existing natural gas system more efficiently first, before building (and paying for) more?

Despite the fact that we know natural gas prices are predictably volatile, several states have begun to take action to lock energy customers into long-term commitments to buy natural gas-fired power, thus locking them into paying for the fuel even when the price spikes.  For example, here in Massachusetts, one legislator has championed the idea of providing 10-20 year long term contracts for a new natural gas plant.  The problem with signing a long-term contract for electricity from gas is that while customers benefit when the cost of gas is low, they suffer when the price spikes, as it inevitably does.  That’s notably different from long-term contracts for renewable energy which typically have a guaranteed, fixed price.

Proposals for new massive interstate pipelines are in the works as well.  Spectra, a Houston-based natural gas pipeline company is proposing a $500 million expansion for Massachusetts. And all the lines on the map for proposed expansions of pipeline leading from the Marcellus Shale to the Northeast rival the Griswold Family Christmas lights display.

Before we spend billions on new infrastructure chasing the next gold rush, we must repair and rebuild our existing infrastructure and examine the tried and true tool of efficiency.   A recent study on the potential for natural gas efficiency in Massachusetts showed that efficiency could reduce winter electric demand enough to support the increased use of gas on the system without building new infrastructure:

The Benefits of Energy Efficiency

From Jonathan Peress's presentation at the Restructuring Roundtable on June 15, 2012


But there is a risk that regulators will not fully take these very real benefits into account as they review and approve the latest energy efficiency plans.  Indeed, traditional energy efficiency naysayers are using the low price of gas as an excuse to call for reduced investment in efficiency.

The bottom line is that natural gas does have a role in our energy future, but it  is one that must be carefully managed and minimized over time if we are to have any hope of averting climate catastrophe.  In the meantime, before we jump to expand new natural gas infrastructure, we need to look closely at what we already have in the ground and apply the lessons we’ve learned about efficiency.




Risky Business: Leaking Natural Gas Infrastructure and How to Fix It

Nov 28, 2012 by  | Bio |  Leave a Comment

On the day after Thanksgiving, an explosion shook the City of Springfield. A natural gas pipeline leak led to the explosion that injured eighteen people and brought down two buildings.  The details behind the cause of this explosion are still being pieced together, but  once again, public confidence has been shaken in the pipeline system that is supposed to transport natural gas safely and reliably to homes, businesses and institutions in communities throughout the nation. Today, CLF is releasing a report on the importance of addressing problems with our aging, leaky natural gas  infrastructure. (You can download a free copy of that report here, and find the press release here.)

In Massachusetts, local distribution companies operate almost 21,000 miles of pipeline—that’s almost enough pipe to encircle the earth. But people seldom give much thought to those pipes that are running beneath their homes, beneath their businesses and beneath their feet.

That has been changing since the explosions that rocked San Bruno, California in 2010 and Allentown, Pennsylvania, in 2011. Shortly afterwards, the Secretary of the Department of Transportation issued a national “Call to Action” to address pipeline safety, but there are still many hurdles to be overcome. One of the toughest obstacles to tackle is the replacement of aging, leak-prone pipelines and the swift repair of leaks on the system. Public safety is the primary driver behind the repair and replacement of aging pipes, but it is also important to recognize the added benefits of reducing greenhouse gas emissions, conserving a valuable resource, and reducing ratepayer costs.

The need for action is particularly acute in Massachusetts where over one-third of the system is considered “leak-prone”—made up of cast iron or unprotected steel pipe. According to the Pipeline and Hazardous Materials Safety Administration, 50% of the cast iron left on the United States distribution system is centered in only four states: Massachusetts, New Jersey, New York and Pennsylvania. Though Massachusetts regulators have been working to find solutions to this problem, there is more to be done.

This infographic underscores the need for additional work in Massachusetts. So significant are the leaks that the gains from efficiency programs put in place by Massachusetts regulators have been overwhelmed by the amount of gas lost through leaky pipes. The costs of those leaks are being borne not by the utilities, or by the regulators, but by consumers. Utilities pass the cost of lost gas onto ratepayers to the tune of $38.8 million a year.

“Fugitive emissions from aging gas pipelines across Massachusetts are polluting our environment – releasing more greenhouse gases than we are saving through all of our energy efficiency efforts,” said D. Michael Langford, national president of the Utility Workers Union of America. “This is problematic for the environment and the economy, but fixing this problem provides an important opportunity. Putting people to work fixing leak-prone pipelines will save Massachusetts ratepayers money by simultaneously modernizing our pipe infrastructure, improving efficiency and helping to protect the environment.”

Fortunately, there are some clear policy options that could be implemented relatively quickly to prevent this valuable resource from endangering the public and vanishing into thin air.  “The good news is that not only would these policies increase public safety and reduce greenhouse gas emissions, but they also provide an opportunity to create good, local jobs,” according to Cindy Luppi, New England Director of Clean Water Action.  As she points out, “local neighborhoods, as well as first responders, will bear the brunt of impacts if this aging system experiences an explosion.   We hope all public officials will embrace real solutions that value health and safety, ratepayer equity and climate leadership.”

As outlined in our report, Into Thin Air, CLF is advocating for five specific policies to accelerate the replacement of aging pipe and ensure that existing pipeline is properly examined and repaired:

1)    Establishing Leak Classification and Repair Timelines that provide a uniform system for classifying leaks according to level of hazard and require repair within a specified time;

2)    Limiting or Ending Cost Recovery for Lost and Unaccounted for Gas so that companies have an incentive to identify the causes of lost gas and prevent them;

3)    Expanding existing replacement programs and adding performance benchmarks;

4)    Changing Service Quality Standards to include requirements for reducing leaks on the system;

5)    Enhancing monitoring and reporting requirements to give the public and regulators more information.

Over the coming months, we’ll be working with our allies at Clean Water Action and the BlueGreen Alliance to raise public awareness about the need to tackle this issue. We’ll also work with communities to make sure they know how to identify and report gas leaks and talk with them about the benefits of policies that make for a safer, cleaner natural gas system. If you’re interested in joining us, please contact me at

Doing The Math, Boston style

Nov 16, 2012 by  | Bio |  Leave a Comment

The unique combination of lecture, rally, music show and secular revival known as the Do The Math tour came to Boston last night. As has been documented in coverage of earlier stops in the tour this is a very special event that brings together vibrant music, powerful information and an energizing call to action.

CLF proudly played a role in helping this worthy effort gain access to the historic Orpheum Theater in downtown Boston and raising awareness about the event — the seventh straight sold out show in the tour.

CLF President John Kassel took the stage after a very energizing and customized video from 350 Massachusetts energized the crowd with a rap song that somehow pulled together Rex Tillerson, Barack Obama and the fact that the oil companies have “five times as much in the ground as it is safe to burn” – literally putting Bill McKibben’s powerful words to music.

John fired up the crowd with a call for greater funding for public transit (which met with a roar of approval from a crowd who had largely gotten there on the train), finishing the job of ending coal fired power plants in New England that CLF and allies has well underway and a massive push for new renewable energy projects including getting the Cape Wind project over the finish line. John ended by invoking the powerful history of Boston and the possibility that once again, right here and right now we could be again launching a revolution from this city.

For those who were there last night, and didn’t catch up with any of our clipboard toting staff in the lobby, you can join CLF today by clicking here.

John linked together the core message of Do The Math – that our adversary is the fossil fuel industry who have a business model that is incompatible with the survival of humanity – with the specific story told by the Cape Wind Now! campaign that CLF leads – that leaders of that same fossil fuel industry like Bill Koch are doing all they can to stop the flagship Cape Wind clean energy project.

There were many powerful voices on the stage ranging from students to musicians (most notably the Charles Neville Trio, led by one of the legendary Neville Brothers, the first family of New Orleans) to powerful testimony from the great Canadian writer and activist Naomi Klein about her recent visit to the storm ravaged neighborhoods of New York. But the undisputed star of the show was Bill McKibben who told the story of how as a 27 year old writer he had published the End of Nature, twenty-five years ago, innocently believing that he could sway decision makers and change the world simply by writing a book and how he had come to appreciate the need for deep and broad action and activism and mobilization across all sectors of society to push back against the interests of the fossil fuel companies who literally have invested in a course of action that will end life as we know it on this planet.

It was an evening of both hope and heavy messages.  An evening filled with information and observations that could bring you to the brink of despair or to the uplifting realization that you have the opportunity to help millions of people across the world, both present and future, by fighting to head off climate catastrophe.  It is the definition of daunting to realize that you are being asked to help accomplish something very important, but difficult, but the message from the stage at Do The Math was that we all must hear and heed the call to action.

Future of Vermont Yankee – Let your Voice be Heard

Nov 13, 2012 by  | Bio |  Leave a Comment

When:  Monday evening, November 19, 2012 beginning at 7 pm.

Where:  Vermont Interactive Television sites around Vermont – Find locations here.

What:  Should Vermont Yankee – a tired, old nuclear facility on the banks of the Connecticut River retire and its untrustworthy owners close shop?

How:  Speak up at a public hearing. This is YOUR chance to let YOUR voice be heard.

Help put an end to Vermont Yankee’s troubled history.

The Vermont Public Service Board will determine if Vermont Yankee should be allowed to operate for another twenty years. A disappointing court case decided last spring said issues of radiological health and safety can only be decided by the Nuclear Regulatory Commission, but Vermont regulators will decide if continued operation of Vermont Yankee by its untrustworthy owners makes sense for Vermont’s economy, environment and power supply.

Need a refresher? Here is a list of newspaper headlines about problems at Vermont Yankee since the collapse of the cooling tower in 2007.

More information is available from the Public Service Board website.

Tips and issues to talk about:

  1. Environment – Heated water from the plant is harming fish and habitat in the Connecticut River. This has been getting worse and Entergy’s studies have been faulty.
  2. Economics – There is little value to Vermont from the continued operation of the plant. There is the equivalent of a junk car on the banks of the river. Money has not been added to the decommissioning fund and it is inadequate to close and clean up the site.
  3. Untrustworthy owners – Entergy is not a good partner for Vermont. Their executives provided false testimony to regulators  and continue to break promises, including a promise that they would close in March 2012.
  4. Energy Plan – Vermont is moving away from older and more polluting forms of energy towards clean renewable energy. Vermont Yankee is not part of a sustainable energy future for Vermont.
  5. No Need for Power — There is an excess of electric power available in New England now. The lights will stay on without Vermont Yankee.

Tell the Board what you think.

Written or email comments can also be provided.


New Data: PSNH’s Coal-Fired Business Model in Free Fall

Nov 9, 2012 by  | Bio |  Leave a Comment

It’s not news that New Hampshire’s ratepayers are paying too much money to support PSNH’s ancient, massively inefficient, and heavily polluting coal-fired power plants. CLF has repeatedly called out PSNH’s calamitous insistence on continuing to operate coal-fired units at Merrimack Station in Bow and Schiller Station in Portsmouth and the resulting exorbitant electric rates that PSNH customers pay.

It’s still possible to be shocked, however, by the magnitude of PSNH’s growing problems and the environmental and economic harm that PSNH’s collapse is causing in New Hampshire. And the situation is worsening: new data are confirming the futility and waste of operating coal plants, and New Hampshire ratepayers are, in what is now a full-scale stampede, abandoning PSNH to meet their electric needs with cleaner, cheaper energy from competitors.

Here is an update on PSNH’s so-called “death spiral”:

Unprecedented Idling of Power Plants

A power plant’s “capacity factor” is a ratio between the amount of electricity the plant actually produced over a given period and the amount that it would have produced had it been running at full capacity during that time. Because coal plants – like nuclear plants – take some time to ramp up and take offline, they are built to operate with a very high capacity factor, on a 24-7 basis. In 2007, PSNH operated Merrimack Station’s coal boilers at 91% capacity and Schiller Station’s coal boilers at 84%.

The new reality for PSNH: these numbers have fallen precipitously since then; over the first nine months of 2012, Merrimack’s coal units had a capacity factor of 31%, and Schiller’s coal units 9.7%.

* 2012 data through September (source: EPA and ISO-NE data)

With dirty coal being trounced in the marketplace by cheaper power sources, especially natural gas, it is a disproportionately expensive undertaking to operate a coal unit – and a veritable folly at these levels of output.

Energy Service Rate Hike in 2013

The problem for PSNH’s customers is that even though the writing is on the wall for coal power plants around the country and here in New England, PSNH is still guaranteed a ratepayer-funded profit for owning Merrimack and Schiller, which is handed over to PSNH whether or not the plants produce power. Add it all together – PSNH’s operating costs for Merrimack, Schiller, and its other power plants, PSNH’s guaranteed profit, and the cost of the “replacement” power PSNH buys from the regional market to provide electricity to its customers while its plants sit idle – and PSNH customers are paying a huge and increasing premium over rates in the competitive market.

While there are many separate charges on an electricity bill, the “energy service” rate reflects the costs of generating the electricity. At the end of September, PSNH filed a projection (PDF) with the New Hampshire Public Utilities Commission warning of a residential energy service rate increase to take effect on January 1, 2013. The utility requested a 26% increase in the amount customers pay for electricity supplied by PSNH, bringing the overall default energy service rate to 8.97 cents per kilowatt hour. PSNH has also separately requested a permanent rate increase to recover the costs of the $422 million mercury scrubber that, if passed, would bring the default energy service rate to 9.27 cents per kilowatt hour.

By contrast, just over the border in Massachusetts, PSNH affiliate NStar’s residential customers will be paying a mere 6.69 cents per kilowatt hour for power that NStar almost wholly buys from the regional market. NStar’s rates are, like virtually all New England utilities other than PSNH, reflective of the historically low electricity prices available in that market, which have steadily fallen since 2008.

What this means is that, come January, the average PSNH-served New Hampshire home will be subsidizing PSNH and its power plants to the tune of $169 per year, or more than $190 per year with the addition of the extra charge for the scrubber.

Residential and Small Business Customers Increasingly Abandoning PSNH

As CLF documented recently, PSNH’s increasing rates represent an enormous market opportunity for competitive energy suppliers in New Hampshire.

They are seizing it. September 2012 data show 17,507 residential PSNH customers (about 5%) purchasing power from non-PSNH suppliers, an increase of more than 6,000 customers over the month before and a whopping 16,000 more than September of 2011. The number of small businesses fleeing PSNH’s electricity supply has grown at a steady rate: 14,617 purchased power from non-PSNH suppliers in September 2012, compared to 9,351 in September 2011.

(source: PSNH filings with N.H. Public Utilities Commmission)

Meanwhile, the most recent data show that there are now virtually no large or medium-sized businesses that buy power from PSNH.

While retail choice in suppliers for New Hampshire’s residential and small business customers was slow in coming, the available options have expanded considerably in the past year. Resident Power, Electricity NH, and Glacial Energy all quote lower rates than PSNH, and they are increasingly offering additional choices of electricity supply from coal-free, renewable, and sustainable sources at fixed rates lower than PSNH. We can expect an even faster exodus to these suppliers and new ones like them after PSNH’s rate increase in January.

Despite the rapidly increasing number of customers choosing alternative electricity suppliers, the vast majority of New Hampshire’s residential customers still purchase their electricity from PSNH. Many customers are unable or too busy to research comparative rates and make the change. And energy supply choice alone will neither affect the astounding subsidies that PSNH is getting to prop up its failing business nor force PSNH to make the economically rational decision to retire its dirty, outdated coal plants.

We need to correct this massive public policy failure and bring to an end the severe economic, environmental, and public health damage that PSNH’s ancient coal plants are causing in the Granite State. There is now reason to believe that we are turning a corner. Maggie Hassan, New Hampshire’s new governor-elect, has been outspoken about the importance of reducing pollution from electricity generation, especially from PSNH’s coal fleet. CLF is ready to work with the new administration and Legislature to develop a comprehensive climate and energy plan that transitions the state out of the grip of PSNH’s coal-fired business model and moves New Hampshire toward a cleaner and affordable energy future.

Fellowship Attorney Caitlin Peale co-authored this post.

Update: Support Grows for CLF’s Fight to Secure a Fair Review of Northern Pass

Oct 25, 2012 by  | Bio |  Leave a Comment

Members of NH's Congressional delegation are demanding that DOE Secretary Steven Chu (pictured) explain DOE's process for selecting the current contractor team working on the Northern Pass envrionmental review.

Two weeks ago, CLF exposed and brought to the public’s attention internal government documents showing that the Department of Energy (DOE) has illegally allowed the developer of the Northern Pass transmission project, Northern Pass Transmission LLC (NPT) to have significant and improper influence over the ongoing permitting process and environmental review of the project. After filing its concerns about the information with DOE, CLF issued a call to action, urging the public to join CLF in demanding that DOE replace the contractor team charged with preparing the crucial Environmental Impact Statement (EIS), which was handpicked by NPT, with a new, unbiased contractor or internal team with no conflict of interest.

We’re pleased to report that the responses – your responses – to the revelations and our call to action has been remarkable.

In the past two weeks, more than 300 members of the public (and counting) filed comments with DOE demanding replacement of the contractor team and a new commitment to a fair and open permitting process for Northern Pass. (You can take action yourself and file your own comment via this link.)

Yesterday, in a joint letter to DOE, a group of nine organizations representing New Hampshire’s conservation community and the grassroots opposition to Northern Pass, along with more than 60 individuals, expressed their deep concerns about the information exposed by CLF and called for a new EIS contractor with no conflict of interest. (Coverage on NHPR here.)

In the past week, Senator Jeanne Shaheen, Senator Kelly Ayotte, and Congressman Charlie Bass have each sent letters to DOE Secretary Steven Chu demanding that the matter be reviewed and addressed immediately. (Union Leader coverage here.)

  • In her letter to Secretary Chu, Senator Jeanne Shaheen demands an “immediate, detailed response” from DOE to determine whether a conflict of interest exists, emphasizing that “in order for the public to have confidence in DOE and the outcome of any Presidential Permit application there can be no conflict of interest or appearance of conflict in the application process” and that “[a] loss of faith from stakeholders would be difficult, if not impossible, to restore. “
  • Senator Ayotte’s letter urges DOE to review CLF’s concerns and highlighted the need to “make certain that the outcome of this process is perceived as legitimate and that the process remains transparent.”
  • Congressman Bass is asking for a “detailed explanation of the DOE selection of the EIS contractor” in light of “the importance of this matter to the state of New Hampshire and the absolute necessity for a fair and transparent process for all stakeholders.”

It’s clear that the documents CLF disclosed provide only the part of the story of DOE’s mishandled process so far – we don’t know exactly what DOE did internally, in phone calls with NPT and others, or in closed-door in-person meetings. That’s why the members of the delegation are right that DOE owes them and the public a detailed explanation of what happened.

Since CLF’s detailed filing with DOE, we’ve actually learned more about the process from NPT than from DOE. In a letter sent to DOE last week, NPT admitted – rather than rebutted – the facts CLF has exposed. NPT admits that DOE directed it to conduct the contractor search, including the vetting of potential contractors for conflicts of interest .  NPT also admits that it – not DOE – drafted several key documents governing the environmental review and DOE’s arrangement with the contractor team. In effect, NPT admits its enormous, behind-the-scenes role and still can’t understand why anyone would have a problem with it. (We previously explained why NPT’s and DOE’s defensive responses to this effect were off the mark.)

NPT’s letter also publicly disclosed a crucial part of the story for the first time. According to a footnote in the letter, NPT was permitted to “rule out” the qualified environmental review teams at DOE’s own National Laboratories because their rates were higher than NPT wanted to pay. The fact that DOE deferred to NPT’s desire to keep down the costs of the federal environmental review of Northern Pass (even as it spends many multiples of market value to acquire properties in Coos County for the northernmost corridor for the project) is among the most troubling information we’ve yet obtained: if true, DOE did not even consider hiring its own experts to prepare the EIS. It’s hard to imagine clearer evidence that the contractor selection process violated the federal regulations requiring that that the choice be “solely” DOE’s or that the violation directly threatens the integrity and rigor of the environmental review.

Above all, the public’s responses to the revelations about NPT’s role in the DOE permitting process make crystal clear that New Hampshire deserves – and is insisting on – a truly fair, rigorous, and objective review of the Northern Pass project, not the deeply mishandled, applicant-driven process we’ve seen to date.

For more information about Northern Pass, sign-up for our monthly newsletter Northern Pass Wire, visit CLF’s Northern Pass Information Center (, and take a look at our prior Northern Pass posts on CLF Scoop.