LAMOILLE COUNTY TRANSMISSION UPGRADE PROJECT

Information Resources

VERMONT DEPARTMENT OF PUBLIC SERVICE

03.11.05
Power Play
Those in the path feel harmed by proposed VELCO upgrade
PETER HIRSCHFELD, TIMES ARGUS

WATERBURY – Tom Harvey measures the cost of power with his eyes.

His father's 75-year-old Duxbury farm rests squarely in the path of a proposed power line corridor; the Vermont land he grew up on may soon be transected by a clear-cut swath 175 feet wide to accommodate 65-plus-foot power poles.

Carrie Hathaway's Blush Hill home in Waterbury is far younger – the bathroom cabinet doors just arrived. But she's no less distraught than Harvey about the prospect of 65-foot, three-wire poles replacing the 45-foot poles in her yard right now.

Both Harvey and Hathaway are potentially affected by a power line upgrade proposal currently in front of Vermont's Public Service Board. The 9.5-mile project begins on the Harvey farm in Duxbury, crosses the Winooski River and Route 2, then follows an existing corridor running up Blush Hill and into Stowe.

"They're just taking land – cutting our property in half and taking virgin territory," Harvey says. "It's very frustrating. Very frustrating. This will take property value away from us, and we're this hub in the grid forever."

But the PSB will have to measure Harvey's concerns against the alleged need for increased reliability and capacity in portions of Washington and Lamoille Counties. Officials with Vermont Electric Power Co., the private transmission utility seeking PSB approval for the $20.3 million project, say increased electricity demands and aging infrastructure have led to substandard reliability of the transmission system and a likely shortage of capacity in the near future. The project would safeguard ratepayers in Duxbury, Waterbury and Stowe against blackouts and brownouts, company officials say.

Thursday afternoon, a bus filled with PSB Department staff, town representatives and affected landowners embarked on a four-hour tour of sites along the proposed line. PSB hearings are still in the discovery phase and technical hearings aren't likely to begin until July, but for the several dozen affected landowners, the battle has begun.

Many landowners recognize the need for the project. The 34.5kv lines running along the existing corridor are inadequate conduits for the increasing power needs in the ever-consumptive resort town of Stowe, according to VELCO spokesperson David Mace, and electricity demands in Waterbury, Duxbury and other Lamoille County towns are also growing.

The $20.3 million project, which ballooned from an initial estimate of $13.4 million, would replace the existing 34.5kv lines with 115kv lines, increasing capacity and reliability in a vulnerable grid.
But while some embattled landowners may have accepted the need for the project, the path the upgrade should follow has proven a more contentious issue.

Hathaway's home sits along a meandering road in the Countryside residential community off Blush Hill Road in Waterbury. The existing 34.5kv line, constructed long before the scores of homes and yards it runs through, is visually relatively benign. But the new line would see trees cut and poles lengthened. Bulky "dabits," metal protrusions off the wood pole that would carry the three 115kv wires, would mar her bucolic yardscape, Hathaway says, impacting the property value of the scenic Vermont environs she has chosen to make her home.

Hathaway questions the "least cost option" rationale behind the proposed path and says she thinks an alternative route through the Little River Reservoir would better serve the current and future residents of her neighborhood.

"I'm not much, but I'm all I think about," Hathaway says, recounting an adage and readily admitting her Not-In-My-Backyard bias. "But (the Little River) option hasn't really been looked at. They're not taking into account property values in their least cost analysis. There are estimates out there that say there's 25 percent devaluation in property value from projects like this."

Mace says the Little River route, where a 34.kv line also exists, has been looked at. He says the route would cost measurably more than the current proposal and that VELCO's obligations lie with the Vermont ratepayers who will ultimately absorb the cost of the project.

"We did do some evaluation of a route up to the Little River Dam, and we believe the proposal we came forward with is the better least-cost option," Mace says. "The cost is going to be to ratepayers, so we think it's our obligation to opt for the lower cost option. If we didn't, we wouldn't be good stewards of (ratepayers') money."

Harvey, too, questions the intelligence of a path that cuts through a prominent Duxbury farm and field. He says unpopulated state forest land running parallel to the proposed route would mitigate the line's effect on all Waterbury and Stowe residents and that VELCO has not adequately explored the option.

"It seems like the whole process marches on without any care at all. They haven't been forced to bring the (state forest) right-of-way issue to a head," Harvey says. "Is there an existing right-of-way through the state forest and is that an option? It definitely is unexplored. At the public meetings I've gone to, townspeople are adamantly certain that when that property was turned over to the state in 1937, it expressly retained the right to run power lines through it."

But Mace says that option is already off the table. VELCO, at the behest of Waterbury and Stowe, submitted a request to the Agency of Natural Resources to build the transmission line through the Mount Mansfield State Forest.

The Agency of Natural Resources said VELCO's proposed route through the state forest contravenes various legal and policy concerns, namely a Department of Forest, Parks and Recreation policy stating "no easement will be granted on state land which is solely for the convenience of the utility company, for which no direct benefit accrues to the Agency of Natural Resources, and/or which does not serve the greater public good."

The agency cited ecological problems with the route, including impacts on wildlife habitat and incompatibility with the agency's long-range management plan for the Mount Mansfield State Forest. The ANR additionally noted that only the Legislature has the authority to approve the leasing or exchange of state land, and that such approval is typically only granted "if it can be demonstrated that the proposal clearly serves a public purpose and provides substantial public benefits.

"VELCO's proposal to route the transmission line through state forestland would significantly impact an important publicly owned natural and recreation resource while providing no apparent benefits to the state," wrote ANR Commissioner Jonathan Wood in a July 16 letter to VELCO.

"Even if it's determined that an easement does exist and could be utilized, the agency would still have to approve things like impact on deer yards, stream crossings and other habitat considerations," Mace says. "So the fact that an easement may or may not exist wouldn't necessarily mean ANR would acquiesce or agree to the route."

The dozens of landowners advocating alternate routes will have an opportunity during the hearing process to make their cases. However Hathaway says that financially, it's difficult to make a case against VELCO's proposal, and that the legal, expert and technical analysis can run into the tens of thousands of dollars.

Harvey, who calls the experience "surreal," says he feels steamrolled by the process.

"The clock's just ticking," Harvey says. "I don't dispute there might be a need for power. I have lights, I know people need power. I just feel like us and our ideas are being pushed off to the side."


Reprinted with permission of the Times Argus



DOCKET 7032
CASE SCHEDULE

02.09.05
Public hearing

02.18.05
Deadline for intervention requests

03.10.05
Site visit

03.18.05
Last date for filing discovery requests on petitioners

03.28.05
Last date for petitioners’ prefiled direct testimony and exhibits

04.11.05
All parties other than petitioners prefile direct testimony and exhibits

05.02.05
Last day to serve discovery on April 11 prefiled testimony and exhibits

05.12.05
Last day for discovery responses

05.23.05
All parties prefile rebuttal testimony and exhibits

06.03.05
Last day to serve discovery on rebuttal prefiled testimony and exhibits

06.13.05
Last day for responses to rebuttal discovery

06.27.05
All parties prefile surrebuttal testimony and exhibits

07.06.05
Technical hearing

07.07.05
Technical hearing

07.08.05
Technical hearing

07.18.05 (week of)
Technical hearings

08.08.05
Briefs due

08.22.05
Reply briefs due

10.19.05
Proposal for decision issued

11.04.05
Comments due on proposal for decision

12.07.05
Oral argument on proposal for decision


BOARD SCHEDULING ORDER (PDF)

SCHEDULE CHANGE MEMO OF 04.14.05 (PDF)