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NH siting agency punts Northern Pass appeal, threatens Mass. contract deadline

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NH siting agency punts Northern Pass appeal, threatens Mass. contract deadline

According to some, a decision by a New Hampshire agency not to act quickly on Eversource Energy's appeal of its refusal to grant a siting permit to the company's Northern Pass transmission project could ensure that an alternative transmission project by Avangrid Inc. will win a Massachusetts clean energy solicitation.

The New Hampshire Site Evaluation Committee voted unanimously March 12 to "suspend" its Feb. 1 oral rejection of the 1,090-MW Northern Pass project and postpone any deliberation for rehearing of the decision until after it reviews responses to a written order of the permit denial to be issued at the end of March. The problem is that Eversource has only until March 27 to sign a 20-year power supply contract with Massachusetts as the winning bidder of a clean energy solicitation or the state said it would move on and start negotiating an alternative contract with Avangrid. And the New Hampshire Union Leader is reporting that the committee's attorney has indicated that the committee will not act on appeal until early or mid-May.

Eversource's proposed 192-mile direct current lines seek to deliver emissions-free hydropower generated in Canada by Hydro-Québec through New Hampshire to the proximity of Boston, Mass. The Massachusetts Department of Energy Resources and Massachusetts' three electric distribution companies — Eversource, National Grid USA and Unitil Corp. — in a process overseen by an independent evaluator, initially selected Eversource's proposed project as the sole winning bid of a clean energy request. They then set March 27 as the anticipated date for the parties to execute power supply contracts by and an April 25 deadline for asking the Massachusetts Department of Public Utilities to approve those contracts.

However, the New Hampshire committee subsequently refused to issue Northern Pass a siting permit after finding the developers failed to show that the power lines would not "unduly interfere with the orderly development of the region." Northern Pass has also been grappling with formidable opposition from conservationists and landowners despite Eversource altering its project plans to bury up to 60 miles of power lines along roadways to preserve mountain scenic views.

Waiting in the wings has been Avangrid subsidiary Central Maine Power Co.'s 1,200-MW New England Clean Energy Connect transmission project that is slated to run through Maine to deliver wind and hydropower.

Eversource subsidiary Northern Pass Transmission LLC said in a news release that its "understands" the SEC's decision to suspend its oral decision pending issuance of a written order. "We hope it is an indication that the [committee] will evaluate the required statutory criteria, as well as thoroughly consider all of the conditions that could provide the basis for granting approval," said the Northern Pass developers.

But Melissa Birchard, an attorney for the Conservation Law Foundation that opposes Northern Pass, described Northern Pass' rehearing request as a "hail Mary" effort to meet the Massachusetts deadline that failed. "The writing is on the wall - Northern Pass is dead and Massachusetts must move on to a project that better serves the people of New England," Birchard asserted.

While Birchard said Northern Pass cannot now meet the March 27 Massachusetts deadline, D. Maurice Kreis, New Hampshire's consumer advocate, said on Twitter that the so-called deadline was never realistic. Kreis also said Northern Pass could still sign a contract with the Massachusett's interests.

The administration of Massachusetts Gov. Charlie Baker did not respond to a request for comment.