Cuomo signs law requiring notification of power-line upgrades

Gov. Andrew M. Cuomo has signed into law a  measure that requires the Long Island Power Authority to give formal notice to public officials and those in the path of power-line upgrades following a public outcry against a handful of LIPA and PSEG projects across the Island.

The move comes as LIPA and Brookhaven Town are said to be close to settling a lawsuit over hundreds of contested tall steel poles on roadways in Eastport that could see a portion of the line buried in a mile-long business district. PSEG and Brookhaven officials declined to discuss a settlement.  

The new utility law, sponsored by state Sen. Kenneth LaValle (R-Port Jefferson) and Assemb. Fred Thiele (I-Sag Harbor), prohibits LIPA, PSEG and utilities across the state from starting work on a transmission-line upgrade until public notice is provided to governments, residents and others likely to be affected by it.

Formal notice of the project, its location and any alternative sites must be provided via first-class mail to every county, town, village or city. All utility customers within 500 feet of the proposed line also must receive the notices, along with their state representatives.

In addition to the project’s location and alternatives, the description must include summaries of environmental impact studies, a statement about why the project is needed, why the selected site was chosen, and where customers can view full reports, among other things. The law applies to project upgrades, not those that are simply replacing an existing project.

Cuomo, in a signing statement, said the law would provide for "purposeful public engagement," but added that  he and lawmakers had agreed to make certain "technical amendments" to the law to "clarify the scope of affected projects" and make "certain alterations" to the bill. Specifics weren't available.  

PSEG spokeswoman Elizabeth Flagler said, "We are always looking to enhance our communications with our customers and have already adopted many of the items laid out in this recently passed legislation.”

The most recent impetus for the law was the outcry over PSEG’s erection of more than 200 tall steel poles along a section of Country Road 51 from Eastport to Riverhead, along with a one-mile stretch of downtown Eastport on Eastport-Manor Road. Thiele, Brookhaven Supervisor Ed Romaine and other lawmakers argued that PSEG failed to properly notify them and residents of the project, which was initially planned as a replacement of wood poles in the region.

PSEG at one point had agreed to bury part of the line along the mile-long stretch from Sunrise Highway to Montauk Highway, but talks broke down after Brookhaven unsuccessfully sued in state court. That case is on appeal, but the filing may be moot if a settlement is reached, as soon as this week.

PSEG has caught  flak for other big power line projects, including in Port Jefferson and in East Hampton, the latter of which also resulted in legal action.

Thiele, in a statement, said LIPA and PSEG have repeatedly “thwarted” public participation in the power-line siting projects. “The result has been public outrage, controversy, and costly litigation that must be paid for by every LIPA customer,” he said. “These controversies and costs can be avoided by simply being more transparent by informing all the concerned parties about the important details of a transmission project. The new law simply mandates that LIPA provide notice and basic project information to our communities and their public officials before any decisions are made.”

Added LaValle, “Time and again, I see projects end up in needless litigation and community upheaval. I believe that this legislation will ensure enhanced transparency through adequate community notification of impending projects and promote greater cooperation between the utility and impacted residents."

Cuomo’s office didn’t respond to a request for comment.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.