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As the New Hampshire legislative session quickly comes to a close, the public hearings for the controversial Northern Pass project are just beginning to heat up. Thursday marked the first of three scheduled public statement hearings in Concord for people who are not intervenors in the project but have an interest in what happens.

The 192-mile proposed transmission line from Pittsburg to Deerfield would bring roughly 1,090 megawatts of hydropower from Quebec to the New England power grid. Proponents say the $1.6 billion project could reduce the state’s high electricity costs and encourage businesses to move to New Hampshire. Opponents disagree and say the project would ruin the Granite State’s tourism industry due to the the high-voltage towers and construction that would impact local businesses.

“The proposed army of giant towers marching across the spines of these towns will cripple tourism, property values, community spaces, and family recreation, not to mention, their children’s health,” said Kathleen Sims of New Boston.

A total of 117 people are scheduled to make statements about the project during the upcoming hearings and about 70 percent have indicated that they oppose the project. June 15 was the first one, but there are others scheduled for June 22 and July 20. A possible fourth hearing could be included if more time is needed.

The hearings are part of the Site Evaluation Committee’s (SEC) ongoing adjudicative hearings that will continue throughout the summer months. The committee must decide whether to approve or deny Eversource’s Northern Pass application by September 30.

Eversource claims the hydropower from Canada will save New Hampshire ratepayers $60 million annually. Opponents are concerned about how much residents would ultimately benefit from the project and if they would end up getting stuck with the construction bill.

Although a majority of the speakers are against the energy project, some said the benefits outweighed the risks.

“There is no perfect solution when it comes to building out our energy infrastructure, but it seems to me that Northern Pass has struck the optimal balance,” said Tom Farrelly, a commercial realtor in Manchester.

Michael Skelton, president and CEO of the Greater Manchester Chamber of Commerce, said the state’s economic future depends on new sources of electricity and lower electric rates.

“The key question to consider is, ‘Do the benefits outweigh the potential impacts?’ and the benefits unquestionably, yes, outweigh the impacts,” he said. “This is the best large-scale option we have before us right now with real tangible benefits to our state.”

The hearing saw two Republican state representatives speak out on opposite sides of the project.

Rep. Herb Richardson, R-Lancaster, said most people in the North Country favor Northern Pass because it would bring jobs and new tax revenues for towns along its route.

Rep. Brad Bailey, R-Monroe, said the North Country depends on the tourism industry and the project would ruin New Hampshire’s vistas, drive away jobs, and ultimately not lead to lower electric rates.

Students from Yale University traveled to the hearing to voice their opposition to the project. They also went to publicly ask the university’s administration to end its lease with Northern Pass. Bayroot, LLC is owned by Yale’s endowment and has a land agreement with Eversource which includes 24 miles in Coos County the company can use for the transmission lines.

However, the entities signed an updated agreement earlier this month extending the lease for another 93 years.

At a separate hearing on Thursday, Gov. Chris Sununu’s nominee to lead the state’s Department of Environmental Services (DES) was grilled over his position on Northern Pass.

“I think the issue is balance,” said Robert Scott, Sununu’s nominee. “I haven’t heard all the testimony to understand are the negatives outweighed by the positives.”

Sununu has been a fervent supporter of Northern Pass since his gubernatorial campaign last year. Scott currently sits on the SEC since he is one of the three state Public Utilities Commissioners, but he has recused himself from the Northern Pass evaluation process and indicated he would continue to do that if confirmed as DES commissioner.

More testimony at the Northern Pass public hearings is expected to include Granite State lawmakers, like Republican Reps. Bing Judd of Pittsburg and Neal Kurk of Weare. Expect to see more emotions and passionate pleas from residents before the SEC makes its final decision.

“I want you to know and I want you to understand that I would cut out my tongue and dig out my heart with a spoon before I would come to any conclusions I believe would be injurious to the town I love so much,” said Meredith Briggs of Deerfield. “Deerfield is my past, Deerfield is my present, and Deerfield is my future.”

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In a victory for Northern Pass, the state Supreme Court ruled that the controversial hydropower transmission plan can bury power lines under or alongside Route 3 in Coos County.

The court issued an order Tuesday, without oral argument, upholding an earlier Superior Court ruling against the Society for Protection of New Hampshire Forests.

The Forest Society argues that burying the lines exceeded the state’s right-of-way rules and would cause harm to the group’s property alongside the road in the town of Clarksville.

“We conclude that use of the Route 3 right-of-way for the installation of an underground high voltage direct current electrical transmission line, with associated facilities, falls squarely within the scope of the public highway easement as a matter of law, and that such use is within the exclusive jurisdiction of the DOT [Department of Transportation] to regulate” the order stated, which was signed by the three justices.

This is just one court ruling dealing with the Northern Pass project. If the controversial project continues as planned, the Forest Society said they can expect more lawsuits.

“The Forest Society will be ready when they do,” the group said in a statement. “As a result, Northern Pass can likely count on additional delays if they continue to pursue their current proposal.”

The 192-mile proposed line from Canada to Deerfield would bring roughly 1,000 megawatts of electricity from dams in Quebec to the New England power grid. Proponents of the project says the power would reduce energy costs for residents and businesses, but opponents cite possible environmental issues from putting the lines underground to high towers ruining New Hampshire vistas and impacting tourism. The state’s Site Evaluation Committee (SEC) is expected to decide in the fall if the project will move forward or not.

In its November 2015 lawsuit, the Forest Society argued that Northern Pass must seek approval to bury a portion of the line “within the public right-of-way next to property it owns, and that burial of a transmission line does not represent proper use of the roadways,” according to Northern Pass.

The Forest Society is claiming ownership of the land that Northern Pass wants to use, and they asked the court for a declaratory judgement to find and rule that the land, known as the Washburn Family Forest, is unauthorized.

In May 2016, the NH Superior Court rejected their claim, saying the project’s proposed use is “within the scope of the highway easement,” and that the NH Department of Transportation has “exclusive jurisdiction over whether to grant the project the necessary permits and licenses.” The recent Supreme Court ruling reaffirmed this point.

“The Supreme Court’s decision regarding the Forest Society’s lawsuit against Northern Pass is unfortunate in that it puts off until later a private property rights issue of extraordinary importance to New Hampshire landowners,” the Forest Society said in a statement. “In short, the Court punted. The Supreme Court did not settle the eminent domain issue with regards to Northern Pass, but asks us all to wait until the [NH DOT] acts.”

But the Legislature has already prevented Northern Pass from taking private property for their project by eminent domain. However, 18 of the 31 towns that would be impacted by the transmission lines recently submitted a petition to the SEC saying they should have “home rule” over the project and only a local municipality has the legal right to authorize the use of their roads for such projects.

“In other words, the Town would be liable for the taking and responsible for paying the damages assessed, not Northern Pass,” said Steve Ellis, chairman of the Board of Selectman in Pittsburg, one of the towns petitioning the state, in a letter. “Northern Pass is thus shifting the burden of eminent domain — a power it does not possess — to the Towns, while arguing that the towns have no say in the matter.”

But the SEC recently dismissed their motion.

One of the best chances for towns to have more authority over utility line expansion projects was also just shot down in the Legislature. The House Committee on Municipal and County Government voted unanimously last week to kill House Bill 145. It would have prohibited high voltage transmission lines from being located in any municipality by a two-thirds vote of the entire governing body of a city or by a majority of voters in an election.

“It provides one town veto power over what the two towns on either side of it want,” State Rep. Jim Belanger, R-Hollis, told the Union Leader. “Also, it establishes home rule, and New Hampshire is not a home rule state.”

Northern Pass has called the Forest Society hypocritical for calling them to bury the transmission line, yet then file a lawsuit against them for doing that.

“As we’ve previously noted, the Forest Society has frequently demanded Northern Pass be buried, yet in this case, had filed this lawsuit to prevent its burial,” Northern Pass said in a statement. “The Forest Society has also continued to raise the false notion that the use of eminent domain is possible for Northern Pass, when state law clearly prevents it, and the project does not require its use.”

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