Congresswoman Seeks to Close Loophole in Federal Law; Preemptively Block Eminent Domain Attempts by NYRI
 

WASHINGTON – U.S. Representative Sue Kelly has introduced legislation in Congress to close a loophole in national energy law and proactively preempt New York Regional Interconnect (NYRI) from invoking eminent domain to carry out its massive power-line project in Orange County and upstate New York.
 
“In my Hudson Valley district, a company has a disruptive and damaging plan to place a power line from central New York all the way to New Windsor. This is in spite of objections from numerous municipalities in its path,” Kelly said while introducing her bill on the floor of the House of Representatives on July 18.
 
“Eminent domain is a tool that will likely be sought to advance this widely-opposed plan. To end this threat, I’m introducing the Protecting Communities from Power Line Abuse Act. Let’s value our constituents’ rights to personal property,” Kelly added in her House floor speech.
 
The Protecting Communities from Power Line Abuse Act would rescind a provision in the Energy Policy Act that allows permit holders to petition the U.S. District Court for a right-of-way to construct power lines via eminent domain. Kelly voted against the Energy Bill when it passed Congress in 2005, and she also opposed the legislation during attempts to pass it into law in 2003-2004.
 
“This gives eminent domain power NOT to an accountable government entity, but rather to private companies,” Kelly said on the House floor. She noted that until this provision is repealed, local residents as well as their local and federal governments cannot prevent a permit holder from seeking eminent domain to build power lines.
 
“Last year in the wake of the Supreme Court’s Kelo vs. New London decision, House Republicans drafted and passed legislation to better protect private property owners from eminent domain,” Kelly said while addressing other House members. “Today, I rise seeking support for my effort to stop the potential for eminent domain abuse brought forth by last year’s energy bill.”
 
NYRI is applying to construct a 1200-megawatt electric transmission line across a 200-mile span from Oneida County to Orange County, N.Y. The route proposed by NYRI will travel through the federally protected Upper Delaware Scenic and Recreational River – an area which is part of the National Park Service’s National Wild and Scenic Rivers System.
 
Kelly, who first expressed her opposition to the NYRI proposal when she addressed the Upper Delaware Council in April, said she will continue pressing federal agencies to also oppose NYRI’s plans.

 

In a letter to the Federal Energy Regulatory Commission in June, Kelly said: “The route proposed by NYRI would bisect the Village of Otisville. It is simply not appropriate for power lines of this magnitude to run through the heart of such a small village. You should also be aware of the similar detrimental consequences that this project poses to the Towns of Deerpark, Mount Hope, Wallkill, Hamptonburgh, and New Windsor.”