Tuesday could be a decisive day for a major Hydro-Québec electricity export project to the United States. The Supreme Court of Maine, a small American state with 1.3 million inhabitants, will hear various parties about the contest of a lease and the constitutionality of a referendum held in November.
Then the citizens responded oo nearly 60% to ban the construction on their territory of an impressive 1200 megawatt power line intended to supply Massachusetts with renewable energy.
The proponents of the project, the Central Maine Power (CMP) and Hydro-Quebec, will attempt to overturn the result in Maine’s highest court on Tuesday afternoon.
This is an important step, immediately recognized spokeswoman for the Quebec Crown corporation Lynn St-Laurent. They will first argue that the referendum is unconstitutional because it invalidates permits granted by executive powers, including a presidential permit.
During the referendumalso pointed by Ms. St-Laurent, our partner has already begun work and we believe that, because of these acquired rights, there is no reason to apply a law retroactively.. Last year, US $ 450 million was spent in Maine to clean up 86% of the corridor and build 120 structures as pylons.
Energy companies, including Calpine, which produces electricity from natural gas in the region, are asking judges to uphold the validity of the referendum, arguing that CPM continued the work while aware of the dangers of contention.
More than 1,000 pages of briefs were filed in court by experts and various parties.
According to Professor Emeritus Orlando Delogu of the University of Maine School of Law, the referendum initiative violates the Constitution. From a purely legal point of view, its words would amend the State Constitution for review of other similar projects, whereas the same Constitution could not be changed by referendum.
This statement will also go too far giving the legislature the ability to reverse a project affecting public lands in 2014. Not seven days, seven weeks or seven months, but seven yearshe exclaimed.
The appeals could represent the final stage of opportunity for CMP and Hydro-Québec. The court is expected to announce its decision this summer.
Difficult social acceptance
Permits appealedunderlined Tom Saviello, popular opponent of the project and former Republican senator from Maine. If you move forward, you move forward at your own risk.
He believes the contract is simple small financially for his state, in addition to being detrimental for the forests of the North, an important place for Mainais. Not to mention, according to him, the reputation of the Hydro-Québec partner, CPMa subsidiary of Avangrid, belonging to the Spanish group Iberdrola.
” They partnered with Central Maine Power, with a formidable reputation in Maine. Terrible! “
Some US $ 258 million is expected in economic benefits, such as the expansion of fiber optic networks and charging stations. Reductions in electricity and greenhouse gas emission rates are also expected to equal 700,000 vehicles for the whole of New England.
The largest lobby group in the state environment, Maine Natural Resources Council, has always said that he does not believe in the real environmental benefits of Hydro-Québec’s energy for the State. He did not respond to our interview requests.
The new line will bring 9.45 terawatt hours of electricity per year to Massachusetts. For its part in Quebec, it is to be built at a distance of 102 kilometers, from Thetford Mines to the border, at a cost of $ 600 million. Deforestation work had already begun when it was suspended in January.
In the United States, the project has budgeted more than US $ 1 billion and is known as New England Clean Energy Connect (NECEC) was discontinued after the referendum. Of the planned 233 kilometers at an interconnection in Lewiston, 85 kilometers is in a forested region where logging has occurred for generations. The rest of the construction consists of extending an existing corridor of 23 meters.
The director of economic development for Lewiston, the primary beneficiary of the $ 18 million in annual benefits expected from property taxes, regrets that emotion prevails over reason in this debate. There was an extensive review processsaid Lincoln Jeffers.
More than six million dollars in new revenue for the Municipality will dramatically make it possible to make larger investments in education. The majority of Lewiston voters still rejected the project.
The second reason
In the middle of the high -voltage line, in West Forks, a fraction of 1.5 kilometers could also jeopardize the entire energy corridor. It is on public land with a lease signed by CPM in 2014 is controversial.
On Tuesday, the Supreme Court will also consider this second case, according to which the lease was poorly discussed by a government agency, the Maine Bureau of Parks and Landsand will require the approval of two-thirds of the legislative body because it would significantly change a public territory.
Although less noticeable, this trial alone could derail the project. Bypassing the lands will require obtaining new authorizations and, consequently, will cause delays and additional costs. the NECEC must be in service no later than August 2024, according to the Massachusetts contract.
According to Hydro-Québec, this recourse is a pure and simple way for opponents to thwart its plans. All permits have been challenged by naysayers over the past three yearssaid spokeswoman Lynn St-Laurent.
” The strategy of the opponents, either gas companies or groups funded by gas companies, was to try to bring down the project with an increase of legal challenges. “
For example, on May 17 and 18, the Maine Board of Environmental Protection heard in Farmington, a municipality near where the future power line will pass, calls from opponents for approval given by Maine Department of Environmental Protection in the V2020.
For three reasons, Lynn St-Laurent suggests this is paramount difficult to exceed the decision of the Supreme Court regarding the constitutionality of the referendum. This will be a severe setback for the Crown corporation. He also had to write his 46 million dollar books in 2019 after abandoning the Northern Pass in New Hampshire with the same ambitions – the project did not pass the population.
From the perspective of fighting climate change, can Washington intervene in the event of an unfavorable Maine Supreme Court decision? This is a political question, Professor Orlando Delog believes. Does he have the power to do that? Yes. It is an international energy movement legally created in Canada.
National reach
Massachusetts ’intention to reduce its greenhouse gas emissions using Hydro-Québec energy thus takes an unexpected legal turn. The United States aims to act against global warming. Other impressive energy corridors, such as the planned 1,250 megawatt underground line between Quebec and New York, will be needed.
The popular will of Mainais has thus found itself in the midst of a debate that transcends its boundaries – and the 72 million US dollars spent on advertising the camp in favor of NECEC has not been enough to convince them. The opposing party is believed to have released nearly $ 28 million.
The hype will further contribute to too much information, sometimes misleading. Now, you no longer know who to follow and who to believe, just summarizes Gisèle Landry, furious, left a polling station in November. He was sure of one thing: cutting down trees was not worth it after all the fuss.
Source: Radio-Canada
