NYRI Petition Denied
Published: February 14th, 2008
By: Michael McGuire

NORWICH – The state denied a petition Wednesday filed by NYRI requesting that it overturn or uphold a law blocking the power line company’s use of eminent domain, an official in Albany confirmed.

In 2006, Gov. George Pataki signed an amendment that took away New York Regional Interconnect Inc.’s right to condemn private property for its power line.

NYRI petitioned the state’s Public Service Commission in December, asking that it clarify whether or not the amendment – which altered what’s called Transportation Corporation Laws – was constitutional, and if it in fact applied to the company or its power line project.

The PSC, in charge of the state’s power line review, dismissed the petition Wednesday on the grounds that it “lacks authority” to make those decisions.

“The commission dismissed the petition and declared that it lacks authority to rule on the applicability or constitutionality of transportation corporation law,” said PSC spokesman James Denn.

Canadian-backed NYRI also wanted to know if not having access to eminent domain would impact the PSC’s ability to review its project, which is expected to begin on or around Feb. 22.

“The decision to dismiss NYRI’s petition does not change or eliminate the PSC’s responsibilities and obligations under Article VII,” Denn added in a later e-mail.

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