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.

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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 (http://www.clf.org/northern-pass) 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.

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 (http://www.clf.org/northern-pass), and take a look at our prior Northern Pass posts on CLF Scoop.

Yesterday, the U.S. Department of Energy (DOE) and Northern Pass Transmission LLC (NPT) reacted in the media (here and here) to news stories reporting that the federal review of the Northern Pass project has been tainted by DOE’s abdication of critical responsibilities to the project developer and permit applicant, NPT. It is frustrating, but not unexpected given what the document trail revealed, that DOE and NPT don’t see any problems with the permitting process to date.

DOE says that it exercised independent judgment in selecting the contractor team and considered other contractors for the job (while it won’t say which ones or how many, apparently absent a FOIA request, which – if CLF’s last request is an indication – could take as long as a year).

While it is clear DOE signed off on the new team, DOE is ignoring that its actions were wrong because of the undisputedly pervasive role DOE allowed NPT to play –with NPT’s counsel personally recruiting, assembling, and coaching the team, helping the team make its proposal to DOE, making a side agreement (of which DOE apparently has no copy) with the team setting the budget and schedule for the process, and actively helping to draft key DOE documents governing the environmental review.

Giving NPT this role and opportunity for influence is at odds with the core purpose of the legal requirement that any third-party contractor be chosen solely by DOE without meaningful participation by the permit applicant: the selected contractor must have no conflict of interest in favor of the applicant – even a perceived conflict of interest. Like DOE itself, the contractor must be seen by the public as an impartial, independent arbiter of the data, the facts, and the analysis contained in the environmental impact statement of the project. Here, the public can have no confidence that this will be true precisely because NPT was so instrumental in choosing the contractor team. The documents make clear that the contractor team owes its job to NPT. How can the public have any confidence that the team will fulfill its obligations indepedently, with no special treatment or preferences for NPT?

DOE’s other comment – that it is routine for applicants to be involved in selecting contractors – is merely an admission that DOE always handles permitting processes in unacceptably close coordination with developers. “We always do it this way,” is no excuse for illegal and improper conduct.

Indeed, it is telling that DOE has no comment on evidence of actual bias on the part of a senior member of the contractor team who – even before being hired – stated the position (one favored by NPT) that the Champlain-Hudson transmission project is not an alternative to be considered as part of the Northern Pass alternatives review. This evidence means that there is not only a risk of bias with the current contractor team, but that bias already has crept into the process – and on a critically important aspect of the environmental review.

By just adding CLF’s filing (PDF) to the pile of public comments received on the project to date, DOE appears to be following a strategy of bureaucratic defensiveness and imperviousness to public feedback – a strategy that is reflected in one of the most troubling documents CLF obtained, an internal email revealing that one of DOE’s principal priorities is to avoid “setting the precedent of backing down under the weight of public criticism.” If DOE continues on this path, as we say in our filing, “it would be fair for the public to conclude that DOE is not interested in meaningful public involvement and is incapable of reaching a legitimate final decision on the permitting applications that the President and Congress have entrusted it with faithfully reviewing on the nation’s behalf.”

For its part, NPT’s response reflects the absurd allegation that CLF merely is trying to cause delay. To the contrary, our filing with DOE implores the agency to fix the process now, before the permitting process begins again in earnest. Given that there are still several months before NPT says it will restart the process by filing a new northernmost route for the project, DOE has ample opportunity to cure deficiencies.    To be clear, every day of delay that has occurred to date is NPT’s doing – DOE has allowed NPT to drag out the federal environmental review for two years so that it can assemble a new northernmost route, without a definitive end in sight.

NPT also says CLF is trying to “preemptively discredit” the process. Of course, it isn’t CLF’s filing but instead DOE’s and NPT’s own actions, documented in black and white in the 22 exhibits to our filing, that are preemptively discrediting the process.

You can help CLF tell DOE – in only a few clicks – that its actions are unacceptable and that New Hampshire deserves a truly fair review of Northern Pass. Please take action now.

To learn more about this issue, take a moment to review our posts from earlier this week here and here.

For more information about Northern Pass, sign-up for our monthly newsletter Northern Pass Wire, visit CLF’s Northern Pass Information Center (http://www.clf.org/northern-pass), and take a look at our prior Northern Pass posts on CLF Scoop.

(photo credit: flickr/timtom.ch)

The new revelations of unfairness and bias in the federal environmental review of Northern Pass have struck a chord, garnering front-page coverage in the Union Leader and a story on New Hampshire Public Radio. You can join our fight for a fair review of Northern Pass. We have made it easy for you to take action and tell the United States Department of Energy (DOE) that New Hampshire deserves an unbiased process that follows the law – it will only take a couple of seconds. You can submit your comment to DOE here.

To understand what’s at stake in the wake of these developments, it’s important to take a look back at the history of where we’ve been and what we’ve been fighting for.

This week marks the second anniversary of the formal announcement of the Northern Pass project and Northern Pass Transmission LLC’s (NPT) application to DOE for a Presidential Permit. Shortly after the announcement, it became clear that DOE’s review of the project was off to a terrible start. DOE had selected a “third-party” contractor to prepare an environmental impact statement or “EIS” for the project – a crucial, comprehensive, and impartial study of the project’s environmental and socioeconomic impacts and its reasonable alternatives. But that contractor, Normandeau Associates, was the same firm that was on NPT’s payroll to advocate for the project’s approval during the state siting process, which will follow the federal process. This was a clear conflict of interest in violation of the regulations that govern federal environmental reviews.

After CLF and others objected to DOE’s hiring of Normandeau on the ground that the contractor had, NPT initially defended Normandeau’s dual role. Then, in an about-face, NPT terminated the arrangement, saying that:

[T]he strong expressions of concern by certain members of the public about the arrangement lead us to believe that continuing with this arrangement may cause the public to lack confidence in the objectivity and rigor of the ultimate environmental analysis of the project. That outcome obviously does not serve the interests of the project, any of the permitting agencies or the public.

It turns out, however, that our fight for fairness and integrity in the Northern Pass permitting process was only beginning. Over the last two years, CLF has advocated for a truly rigorous analysis of alternative technologies and strategies, a comprehensive review of the region’s energy needs, and a much more honest accounting of the current proposal’s impacts – on electric bills, the climate, our domestic renewable power industry, and natural resources in Canada – than the threadbare and misleading information NPT has provided to DOE and to the public. Along the way, CLF has encouraged members of the public to make themselves heard in the permitting process and sought improvements in that process.

After DOE announced it had selected a new, supposedly independent contractor team to prepare the EIS, CLF identified the potential for unfairness in DOE’s agreement with the contractor and encouraged DOE to fix the problems. We’ve been joined in this important fight by many, many other advocates, from the record crowds at DOE’s public meetings in March 2011, to passionate Granite-Staters on and off the project’s path, to our allies at other environmental organizations.

What we’ve now learned – that DOE has repeatedly abdicated its responsibility to control the process and that NPT has had improper influence over major decisions about the review – has deeply shaken our confidence in the process we’ve been fighting so hard to protect and improve. With NPT expected to announce a new northernmost route soon (now the end of 2012) and restart DOE’s review once again, we are at a new crossroads, just as we were at the process’s outset. Will the federal review of Northern Pass be the fair, objective, and open process that New Hampshire deserves? Or is the game rigged in the developer’s favor yet again?

Again, please join our fight. Take action now.

For more information about Northern Pass, sign-up for our monthly newsletter Northern Pass Wire, visit CLF’s Northern Pass Information Center (http://www.clf.org/northern-pass), and take a look at our prior Northern Pass posts on CLF Scoop.

DOE Headquarters, Washington, DC (Energy Department photo, credit Quentin Kruger)

A year ago, CLF asked the Department of Energy (DOE) for documents regarding its environmental review of Northern Pass – the major power-line project proposed by Northern Pass Transmission LLC, or “NPT.” We fought for an open, rigorous, and impartial permitting process that would independently scrutinize all elements of the Northern Pass proposal. We wanted to be sure that’s what New Hampshire and the region would be getting from DOE and its new contractor team, which is charged with preparing the ever-crucial environmental impact statement or “EIS” – the document that analyzes the proposed project, all reasonable alternatives, and all related environmental and socio-economic impacts.

On the surface, we saw some blemishes, but it appeared that, despite the potential problems (which we noted in a submission to DOE last October), DOE’s new contractor team would be substantially more objective than the original contractor, which had an obvious conflict of interest due to its dual role (incredibly) working for both DOE to prepare the EIS and for NPT in seeking to obtain state-level approval for the project.

It took nearly a year, but DOE finally sent us a large set of documents – emails, letters, and document drafts. The documents provide the first real window we’ve had into DOE’s handling of the process so far.

What they show is profoundly troubling: abdication by DOE of important non-delegable responsibilities to the permit applicant, NPT; and significant and improper influence over the permitting process by the permit applicant, NPT:

• NPT’s counsel – who was once DOE’s top lawyer and still appears to have extraordinary access and influence at DOE – handpicked the new EIS contractor team, with what appears to be minimal DOE involvement. Counsel for NPT acted as the new contractor team’s agent, recruiting the team, pulling together its submission of qualifications and a work plan proposal to DOE, and organizing a face-to-face meeting between DOE, NPT, and the team. It appears DOE conducted no real search of its own, in violation of governing regulations requiring that EIS contractors be chosen “solely” by DOE.
• A senior member of the new contractor team has already demonstrated that she is biased in favor of a narrow, NPT-preferred alternatives analysis. In an email included in the documents obtained by CLF, one of the new contractors opined that the underground Champlain Hudson Power Express project connecting Canada and New York City will not be considered an alternative to Northern Pass in the EIS. This is precisely the position expressed just one month earlier by NPT in its objection to CLF’s and others’ request for a regional energy study, which was based in part on DOE’s need to evaluate Northern Pass and Champlain Hudson together. The email was, ironically, intended to show that email’s author lacks a conflict of interest in working as an EIS consultant on the Northern Pass project and as a DOE consultant on the Champlain Hudson project.
• DOE allowed NPT to design the arrangement among DOE, NPT, and the contractor team, which was memorialized in a Memorandum of Understanding that, we’ve learned, DOE asked NPT to draft. It appears that DOE doesn’t even have a copy of the key agreement between NPT and the contractor team establishing the budget and schedule for the EIS.

Unfortunately, this pattern of NPT’s influence over the process is not unique to selecting and managing the project’s EIS contractors:

• DOE apparently reviewed and okayed NPT’s deeply incomplete permit application before it was even filed.
• DOE asked NPT’s counsel to write up the “purpose and need for agency action,” a crucial DOE determination that will help shape the scope of the EIS, including what alternatives to the current Northern Pass proposal should be studied. NPT’s draft was virtually identical to the version that then appeared in last year’s Federal Register notice announcing that DOE would prepare an EIS and kicking off the scoping process. In our scoping comments, CLF identified DOE’s “purpose and need” statement as illegally narrow.
• NPT and DOE have had private discussions, outside the public eye, about pending requests by stakeholders to improve DOE’s process. In the case of CLF’s and others’ request for a regional study of our energy needs, a request that became all the more important in the aftermath of the announcement of the Northeast Energy Link project last July, NPT’s counsel went so far as to give DOE talking points and supporting legal citations explaining why granting the request was “not warranted.” DOE’s decision on the request? As NPT would prefer, DOE hasn’t commissioned any regional study or EIS.

What should happen next? Yesterday, CLF filed extensive comments with DOE (1 mb PDF linked here, 10 MB .zip archive of exhibits here), laying out the evidence and requesting major changes in DOE’s environmental review of Northern Pass:

• First, DOE’s new contractor team has a clear conflict of interest, in violation of governing regulations that prohibit the use of contractors with “any conflict of interest.” The team apparently owes its new contractor job – and potentially hundreds of thousands of dollars in consultant fees – to NPT. To ensure the objectivity and integrity of the permitting process, the new contractor team needs to be replaced by a new contractor or qualified DOE team with no conflicts of interest, and without NPT’s involvement.
• Second, and more fundamentally, DOE needs to change course – now. New Hampshire deserves a fair, impartial, and rigorous review of Northern Pass. NPT, as the permit applicant, predictably would prefer an easy path to approval. It’s DOE’s legal obligation to control the process, promote meaningful public involvement, and safeguard its decision-making from bias and undue influence. In light of NPT’s failure to piece together a northernmost route, DOE has ample time to start again, with a more open and objective approach that would help to rebuild the public’s confidence in this important permitting process.

UPDATE: Help us tell DOE to fix the process by replacing the contractor team and instituting the fair, legally sound process that New Hampshire deserves. It only takes a few clicks. Take action now here.

For more information about Northern Pass, sign-up for our monthly newsletter Northern Pass Wire, visit CLF’s Northern Pass Information Center (http://www.clf.org/northern-pass), and take a look at our prior Northern Pass posts on CLF Scoop.

Protestors at BU Biolab. Courtesy of Steph PS @ flickr. Creative Commons.

There’s a common saying that if you can’t measure it, you can’t control it. Leaders of Boston University’s proposed National Emerging Infectious Diseases Laboratories (NEIDL) – known as the BU Biolab – in the densely populated urban environmental justice community of Roxbury/ South End, have asked the state to waive required review of their plans to build a lab involving rare and lethal pathogens even though their prior risk assessments were found inadequate multiple times. In other words, they want to build a risk laden facility without accountability to the public. We oppose the grant of this request.

We Support Secretary Sullivan’s Decision in Favor of Thorough Review

Today advocates in the fight against the Biolab filed joint comments with Secretary Sullivan supporting his draft decision which, if adopted as final later this month, will deny BU’s request to begin high level research before a full risk assessment is reviewed by EOEEA. You can read a copy of our comments here, and find the draft decision here.

Background on the Biolab

The facility would focus its research on biological agents used in acts of bioterrorism – a mission the community fears will bring biodefense research on highly contagious pathogens to their densely populated urban neighborhoods.  Members of the Roxbury/South End communities have expressed vocal opposition to the siting of this facility near their homes and schools.

Biocontainment Safety Level ratings, established by the federal Centers for Disease Control and Prevention, increase from 1 to 4 based on the danger associated with research on different biological pathogens and mandate increasing levels of physical protection to prevent a public health crisis in the event that a pathogen leaves the lab (e.g. through transmission from an infected lab worker, an escaped animal subject, or an outbreak resulting from a natural disaster or a malevolent act at the lab). BU’s NEIDL would include research in each of the four Biocontainment Safety Levels.

Research in labs designated as Biocontainment Safety Level 4 (BSL-4), the highest level, includes rare and lethal pathogens, such as ebola. According to BU’s waiver application to EOEEA, their BSL-4 research would involve pathogens that “cause diseases that are usually life-threatening” and are spread through the air or “an unknown cause of transmission.” BU has also quoted the U.S. Department of Health and Human Services as stating that pathogens appropriate for research in BSL-3 laboratories “cause diseases that may have serious or lethal consequences” and are transmitted through the air.

BU’s Multiple Failures

BU has attempted – multiple times – to explain and justify the risks associated with the NEIDL as required by state and federal statutes. Each time, they have failed and been subject to criticism for the poor quality of their analysis.

Their risk assessments (which must satisfy requirements under the Massachusetts Environmental Policy Act and the National Environmental Policy Act) have been found to be insufficient and not credible by the EOEEA and the Massachusetts Supreme Judicial Court, as well as the National Research Council. Each of these failures to acknowledge the risks associated with the NEIDL has alienated the community, resulting in a marked distrust of BU.

BU has now partially completed its third attempt to justify the risks associated with the NEIDL. This time the risk assessment is being conducted by the National Institutes of Health (who provided significant federal funding for the project) and their private consultant, Tetra Tech.

BU’s Request to Limit Review of Risks

Concurrently with their third attempt to justify the risks associated with the NEIDL, BU filed a written request asking Secretary Sullivan to waive the legal requirement for EOEEA review of certain research at the lab. BU’s request applied to all proposed research for the NEIDL except that which would occur in BSL-4 labs.  CLF and other opponents of the lab strongly opposed this request. A waiver from full EOEEA review would deny the Commonwealth the opportunity to ensure that the risks to the surrounding environmental justice community from this facility had been fully considered.

On December 2, in his draft waiver decision and Certificate on Notice of Project Change, Secretary Sullivan allowed lower level research (BSL-1 and 2) to proceed but stated that EOEEA is “legally barred from acting on [BU’s] waiver request for BSL-3 level research until I am able to independently review the risk assessment for the contagious pathogens proposed for study by BU at the Biolab.”

Today CLF joined the Lawyers Committee for Civil Rights and Anderson & Kreiger, a law firm representing the Safety Net, a community group led by local activist Klare Allen, and other affected community members, in submitting written comments to Secretary Sullivan calling upon him to finalize his draft decision denying a waiver of EOEEA review for BSL-3 research at the NEIDL, and reminding him of his charge under the EOEEA Environmental Justice Policy to ensure that this review process provides enhanced public participation opportunities.

As we state in our comments, we thank the Secretary for recognizing that the NEIDL will involve “research on extremely contagious biological agents that could pose serious harm to an already compromised Environmental Justice community.”

What You Can Do:

• A final decision from Secretary Sullivan on BU’s waiver request is expected on December 28. Stay tuned for news about that decision here. A final draft of NIH’s risk assessment is expected to be issued by NIH in the next few months.
• NIH’s Blue Ribbon Panel will come to Hibernia Hall in Roxbury on February 16^th to hold a public meeting and hear comments on NIH’s draft risk assessment for the NEIDL.  CLF will post the date, time, and other details for the public meeting here when they become available.  Mark your calendar and join CLF and its partners in seeking to ensure that this facility does not introduce unnecessary risk to an already overburdened environmental justice community.

Protesters against Keystone XL - November 6, 2011 (photo credit: flickr/tarsandsaction)

Last week, a major disaster for our climate and our nation’s clean energy future was averted – at least for now – when the Obama administration announced that it won’t consider approving the Keystone XL pipeline’s border crossing permit before it reconsiders the Keystone XL pipeline’s environmental impacts and the potential alternatives to the proposal on the table.  For all the reasons that my colleague Melissa Hoffer articulated in her post last week, the Keystone XL victory was a resounding, if limited, triumph with important lessons for environmental and climate advocates across the country as we confront, one battle at a time, the seemingly overwhelming challenge of solving the climate crisis.

The Keystone XL decision also hits home in another way. It sends an unmistakable signal that the federal government’s review process for New England’s own international energy proposal – the Northern Pass transmission project – needs the same type of new direction.

The parallels between the State Department’s Keystone XL environmental review and the mishandled first year of the U.S. Department of Energy’s review of Northern Pass are striking. In both cases, we saw:

• Troubling, improperly close relationships between the developer and the supposedly independent contractors conducting the environmental review, with unfair and inappropriate developer influence on the review’s trajectory, undermining the public legitimacy of the review process;
• An extraordinary grassroots uprising against the proposal from diverse groups of residents, landowners, communities, businesses, and conservation and environmental groups;
• Massively expensive lobbying and public relations campaigns by proponents designed to confuse and mislead lawmakers and the public
• Repeated failures by permitting agencies to ensure fair, open, and truly comprehensive review of the full range of impacts, including climate impacts, and the reasonable alternatives for meeting our energy needs in other, less environmentally damaging ways.

With all the legal, procedural, and substantive deficiencies our national advocate colleagues have been pointing out for years, the Keystone XL review (before last week) is a dramatic example of what we can’t allow to happen with Northern Pass. Right now, things don’t look good – it appears that the Department of Energy is engaging in an “applicant-driven,” narrow review of a few potential project routes, not the broad, searching analysis CLF and many others have demanded again and again (and again).  Last week’s decision to conduct a wide-ranging new review of Keystone XL shows that there is still the opportunity (and now a clear precedent) for the Department of Energy to bring the same spirit of renewed scrutiny and public responsiveness to its review of Northern Pass.

New Hampshire and New England deserve an impartial, comprehensive, and rigorous review of the Northern Pass project – and all reasonable alternatives – by the permitting agencies entrusted with protecting the public interest. Indeed, what we need now is a serious regional plan that addresses whether and how best to import more Canadian hydropower into New England and the northeastern U.S. With huge projects like Keystone XL and Northern Pass on the table, our nation’s energy future is at stake, and it has never been more important – for our communities, economy, natural environment, and climate – to get it right.

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

photo credit: Hope Abrams/flickr

Here in New Hampshire, the leaves have turned.  What hasn’t changed is that the environmental review of the Northern Pass proposal remains stalled while the project developers – Northeast Utilities (and its subsidiary Public Service Company of New Hampshire) and NSTAR – seek a new route for the northernmost 40 miles of the project.  It’s a disgrace that the U.S. Department of Energy (DOE) has so far refused to use the developers’ significant delay to assess the nature and extent of New England’s need for Canadian hydropower and to develop an appropriate plan to bring that power into the region, as CLF and others have been requesting since April.

While DOE is in a holding pattern, CLF is continuing to fight for a fair and comprehensive environmental review of the Northern Pass project.  Earlier this month, CLF filed new comments with DOE, supplementing the detailed comments we filed in April.  Our new comments address:

• Why CLF has renewed concerns about DOE’s control over its new environmental review contractors.  Based on our review of the Memorandum of Understanding between Northern Pass, DOE, and its new contractors, posted here (PDF), we explain that Northern Pass could still have an unfair and inappropriate influence on the content of the environmental impact statement and the schedule for completing it.
• What the Northeast Energy Link proposal means for the Northern Pass environmental review.  The recently announced Northeast Energy Link proposal, along with the Champlain Hudson Power Express project, makes it clearer than ever that we need a regional assessment of our energy needs.  These other two transmission projects also show that burying transmission lines in transportation rights-of-way is an abundantly reasonable alternative to overhead lines.
• How Northern Pass hasn’t clearly disclosed the source of power for the project.  We bring to DOE’s attention important information, obtained by CLF through its cross-examination of an executive of Northeast Utilities before Massachusetts regulators, that the source of Northern Pass’s power is likely to be new hydroelectric projects that Hydro-Québec is now in the process of designing and building.  CLF is especially troubled by the new information because the impacts of the project are much more significant if it causes the construction of new dams and the associated negative environmental impacts, including well-documented spikes in early greenhouse gas emissions from flooded land.  Northern Pass and its parent companies have consistently failed to acknowledge that these emissions undermine their claims about the reductions in emissions the project will supposedly provide.

A copy of our new comments is available here.  We also filed a Freedom of Information Act request with DOE, seeking to obtain a copy of the “Consulting Services Agreement” between Northern Pass and the environmental review contractor team.  The Memorandum of Understanding suggests that this separate contract includes important information on the budget and schedule for the environmental review, and the public deserves to know these details.

With the permitting process due to continue when Northern Pass announces a new northernmost route, CLF will be launching new ways to keep you informed about the latest Northern Pass news and the best ways for you to get involved and make your voice heard. Please stay tuned!

For more information about Northern Pass, visit CLF’s Northern Pass Information Center (http://www.clf.org/northernpass) and take a look at our prior Northern Pass posts on CLF Scoop.

Last Friday, the U.S. Department of Energy (DOE) announced in the Federal Register that it’s extending to June 14, 2011 the deadline for submitting scoping comments on the proposed Northern Pass electric transmission project.

UPDATE:  As of June 15, 2011, DOE has again reopened the comment period – this time indefinitely – pending the submission of updated route information from Northern Pass.  See more here.

This extension of the public comment period comes on the heels of huge turnouts at DOE’s seven public meetings in March and the news (noted on NHPR here and in the Concord Monitor here) that the developer of the project wants DOE to stop considering several alternative routes for the project in favor of its original preferred route.

DOE’s extension means that you still have an important opportunity to help shape the environmental impact statement (EIS) and influence DOE’s decision on the project.  The EIS will be a detailed statement of the environmental, social, and economic impacts of the Northern Pass proposal and alternatives.

What Should I Address in My Comments?

CLF encourages you to raise any reasonable concern or question about the proposed Northern Pass project and alternatives:

• Describe how the project could affect the natural resources that you value.
• Explain your concerns about the potential impacts of the project on scenic landscapes, communities, wildlife, forest resources, wetlands, recreation areas, the energy sector, and the local economy.
• Demand that DOE analyze the environmental impacts associated with generating the hydroelectric power that the project will transmit.
• Insist that DOE rigorously examine all reasonable alternatives to the project, including alternative project designs (like burying the lines in railroad or highway rights of way) and options that would generate or save the same amount of power here in New England (like local renewable energy, energy efficiency, or conservation programs).
• Join CLF’s request for a comprehensive EIS that assesses New England’s need for Canadian hydropower and develops a more holistic, proactive plan for addressing any such need (as opposed to reacting to project-specific proposals such as Northern Pass)

How Do I Submit Comments?

To comment, email DOE at Brian.Mills@hq.doe.gov or use DOE’s Northern Pass EIS web form by June 14, 2011.  UPDATE: As mentioned above, the deadline for comments has been extended again – to a date yet to be determined.

For More Information

• Visit CLF’s Northern Pass Information Center at http://www.clf.org/northernpass, and download CLF’s detailed written comments to DOE.
• Check out project maps and Northern Pass’s application filings (available at http://www.northernpasseis.us, under “Document Library”).
• Contact me at ccourchesne@clf.org.
• Become a member of CLF here, to support us in our work.