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What Is Northern Pass? Northern Pass is a proposal to run 192 miles of new power lines from Canada, through northern New Hampshire, south to Concord, and then eastward to Deerfield. The project is a collaboration between Eversource (previously known as Public Service of New Hampshire) and Hydro-Quebec, which is owned by the provincial government of Quebec. The utilities say the $1.6 billion Northern Pass project would transport 1,090 megawatts of electricity from Quebec – which derives more than 90 percent of its power from hydroelectric dams – to the New England power grid.The ControversyNorthern Pass has proved an incredibly controversial issue in New Hampshire, especially in the North CountryThe project has generated considerable controversy from the beginning. Despite its statewide impacts, many of the projects most dedicated opponents come from the sparsely-populated and heavily forested North Country.Eversource says the new lines would bring jobs and tax revenue to this struggling part of the state. But opponents of the project say it would mean only temporary jobs for residents when it's under construction. They also say it will deface New Hampshire's forestland, hurting tourism and lowering property values. Depending on the location, developers say the project's towers will range from 85 to 135 feet tall.Polls have consistently found the public remains sharply divided on this issue.Some critics have pushed for the entire project to be buried. Politicians ranging from Sen. Maggie Hassan to former Sen. Kelly Ayotte to 2012 GOP presidential candidate Newt Gingrich have floated this move as having the potential to soften opposition. Eversource maintains this would be too expensive, and would effectively make the project impossible to pursue. The Route: Real Estate Chess Plays Out In The North Country Northern Pass and its opponents have been fighting over control of land along potential routesNorthern Pass has considered a number of routes for the project, but has publicly announced three. The first, unveiled in 2011, faced major backlash from North Country residents and environmental groups. Over the next couple of years, the project and its primary opponent the Society for the Protection of New Hampshire Forests played a prolonged chess match over parcels of North Country land. Northern Pass ultimately spent more than $40 million purchasing acres of undeveloped land in the North Country. Meanwhile, the Forest Society undertook an aggressive fundraising campaign and sought a slew of conservation easements to block potential routes.This maneuvering narrowed the options for Northern Pass. One lingering possibility was exercising eminent domain. Northern Pass publicly stated it was not interested in pursuing eminent domain. But in 2012, in response to strong statewide opposition, the Legislature closed the option altogether, outlawing the practice except in cases where a new transmission line was needed to maintain the reliability of the electric system.By the spring of 2013, Northern Pass opponents believed the project was essentially "cornered" into trying to route the power line through a large conservation easement, called the Connecticut Lakes Headwaters. The governor at that time, Democrat Maggie Hassan, said she opposed such a move on the part of Northern Pass.Second Time Around: Northern Pass Announces Alternative RouteIn June of 2013, Northern Pass unveiled its second proposed route. Abandoning its previous strategy (and $40 million in land purchases) altogether, the project proposed building along existing state and local North Country roadways in Clarksville and Stewartstown. In a nod to project opponents, Northern Pass also said it will bury 7.5 miles of line in Stewartstown, Clarksville, and under the Connecticut River. That raised the price tag on the project from $1.2 billion as initially proposed to about $1.4 billion. While opponents said this move was progress, many – including the Forest Society – maintained that Northern Pass should be able to bury all 180 miles of power lines.Final Route: Burial through the White Mountains0000017a-15d9-d736-a57f-17ff8a620000 After years of continued opposition, Northern Pass made its final concession to critics. It downsized the powerline from an initial proposal of 1,200 megawatts to 1,090 to take advantage of a new technology, known as HVDC lite. This move made it more economical to bury portions of the line, and Eversource said it was now willing to bury 52 additional miles of the project. The new route would be alongside state roadways as the project passed through the White Mountain National Forest.While the governor called the change “an important improvement,” she also said “further improvements” to the project should be made. The partial burial did not placate the project’s fiercest opponents, but some speculated that it would help the project clear one significant hurdle: whether it would get approval to use public lands from the top official at the White Mountain National Forest. The move pushed the estimated price tag up again, to $1.6 billion, now for a project that would deliver less power.With its new route in hand, project officials filed to build the project in October of 2015.Before the Site Evaluation CommitteeThe application to state officials was likely the longest and most complicated in the state’s history, and 161 individuals, interest groups, and municipalities asked to be allowed to participate in the process to evaluate the merits of the project.Given the size and complexity of the project, many of the interveners pushed for a longer review than the standard one year that state law dictates. In May of 2016, those groups got their wish, and the decision was pushed back 9 months. The final deadline was set for September of 2017. However, once the proceeding got under way, it was clear that even this delay would not allow time to hear from all of the witnesses called by the various interveners. Early in September of 2017 it was delayed again, with a final decision set for February 2018.DeniedOn February 1st, 2018, the New Hampshire Site Evaluation Committee voted unanimously to deny the permit for Northern Pass, a decision that triggered an appeals process that was taken up by the New Hampshire Supreme Court in late 2018.In May of 2019, the court heard orgal arguments on the appeal.On July 19, 2019, the court issued its ruling. In a unanimous decision, the SEC's rejection of the project was upheld, likely marking the end of Northern Pass as it was proposed.

Fearing A Losing Battle, The Site Evaluation Committee Modifies A Key Regulation

Chris Jensen for NHPR

Citing a desire to avoid a confrontation with a legislative committee, the Site Evaluation Committee Wednesday softened proposed a rule involving "public interest" as part of its consideration of new utility projects.

The issue at the meeting was whether the Site Evaluation Committee had gone beyond what the legislature intended when it ordered the body’s reorganization so it would better serve "the public good" and "provide clarity" about its rules and how it makes decisions.

The question of overreaching was raised by the Joint Legislative Committee for Administrative Rules, which has oversight for such changes.

Utilities including Eversource, the parent company of Northern Pass, have also argued that the rules go too far.

But SEC chairman Martin Honigberg insisted the body acted properly when it created them.

“With respect to the rules as we developed them, I think they are fully consistent with the legislative intent,” he said during the meeting in Concord.

Sponsors of House Bill 245 - the  legislation that resulted in the reorganization - also said the rules were what they intended.

But the SEC - which is now made up of nine members including two new public members and seven government officials – decided not to stand its ground, saying they worried that a confrontation with the Joint Legislative Committee could end badly, in the worse case with rules being completely eliminated.

One change was making a key rule dealing with whether a project is in public interest far less demanding.

For example the proposed “public interest” rule provided far more detail than in the past. One section would have required the SEC to consider “whether the beneficial and adverse effects of the facility, including the costs and benefits to energy consumers, property owners, state and local tax revenues, employment opportunities, and local and regional economies serve the public interest.”

As amended the rule is less specific, simply saying that the SEC must consider a list of items including private property, "the environment of the state" and "the overall economic growth of the state."

That provides more flexibility for utilities to argue their case and for the SEC to make decisions, but it is also more vague, a problem the SEC was originally told to correct.

Despite being weakened, it is still more demanding than what some utilities wanted:  a simple notation of of "public interest," without any list of what was to be considered.

At a meeting last month with the Joint Legislative Committee, Honigberg recognized there was criticism about a high level of detail for determining public interest and said he was willing to make changes. "If it is the will of the committee that we remove all that language and just leave with 'public interest,' we understand that and we will adjust," he said.

Also gone from 'public interest' is a provision that required considering whether construction and operation of the facility “will be consistent with federal, regional, state and local policies.”

SEC members have noted that a 1980 New Hampshire Supreme Court case involving Public Service of New Hampshire - now known as Eversource - has long been interpreted as saying that the SEC overrules local planning.

Sue Ford, a Democrat and state representative from Easton who was one of the sponsors the the bill that resulted in the SEC's reorganization, said she could live with the changes and they are a significant improvement over what the SEC used previously.

The change - and several others - now go to the Joint Legislative Committee. The committee could accept them or demand more modifications.

When Gov. Hassan signed House Bill 245 in 2014 she said "As we work to diversify our energy sources, reduce energy costs, and provide predictability for businesses, we must ensure that the siting process for new energy projects includes the views of local communities and protects what makes our state special."

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