Utility poles along Route 114 in Shelter Island display the...

Utility poles along Route 114 in Shelter Island display the American flag to honor 1st Lt. Joseph Thienart Credit: Randee Daddona

The Long Island Power Authority's flag flap simply and starkly highlights the inherent contradiction at the core of the public utility.

In this case, the Town of Shelter Island wanted to hang American flags on LIPA and other local utility poles to commemorate the first anniversary of the death of native son 1st Lt. Joseph Theinert in Iraq. LIPA charges an annual fee of $5 per pole and, prorated at 19 poles for 90 days, the cost came out to $23.75. Small change, but LIPA said that by law, it couldn't waive the charge. Eventually, the American Legion picked up the tab.

More such conflicts, however, are certain to come up again as the strict rules of the 2010 public authority law are applied to rein in these powerful bodies.

The rules require LIPA and other authorities, now under investigation by the state's inspector general for donation practices, to collect "fair market value" for the use of its services and property, including poles. When those "by the book" decisions are made, however, the same critics who demanded oversight complain LIPA is insensitive to community needs.

The same debate will replay itself when the nominal leases that nonprofit groups hold for baseball fields on LIPA's right of way or unused property come up for renewal and must be put out to bid.

LIPA is Long Island's official piñata, but the ability of management to use its discretion in the best interest of the community is not what the long-pursued law allows.

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