CHENANGO COUNTY Unless overturned, the dismissal Friday of a lawsuit filed by NYRI challenging what it claims is an unfair state law could ultimately force the company to take its proposal to the federal government if it wants the $1.6 billion power line to get built in New York.
As of last month, the Federal Energy Regulatory Commission (FERC) can now take over a power line review in New York if the state denies a project like the New York Regional Interconnection.
But FERC can also override state authority if the project is approved in Albany, but done in a way that makes its construction not economically feasible.
The state review has not occurred.
However, as it stands, NYRI, if granted a permit, would not have the power to take private property using eminent domain; creating a situation that company officials have said would make it economically impossible for the Canadian-backed developer to construct the line under state law, but not, possibly, under federal.