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Land owners against power line plan (complete article from source)
Source: Pittsburgh Post-Gazette, by Janice Crompton
July 15, 2007
Some homeowners opt to join lawsuit
About 200 Washington and Greene county residents turned out Wednesday night at the Washington County Fairgrounds to hear updates about a proposed high-voltage electric transmission line and to find out how to join a lawsuit to stop it.
About 35 of those who attended the informational workshop sponsored by Washington County commissioners signed on to a planned multi-plaintiff lawsuit that would pit property owners against Allegheny Power and its plan to construct a 37-mile, 500-kilovolt power line through Washington and Greene counties.
The plan involves the Greensburg-based energy company's proposed construction of two new substations in southwestern Pennsylvania and a 240-mile transmission line, extending from Washington and Greene counties to existing substations in West Virginia and ending in northern Virginia.
At issue are easements purchased by the company more than 30 years ago, and whether they are still valid. The company has said it spent more than $8 million purchasing rights of way from property owners in the 1970s, and argues that the easements aren't invalidated just because they haven't yet been used.
But many property owners say caveats in their agreements, such as requirements that easements be used by a certain date and conditions in some contracts that call for multiple payments that were never fully made, have created a gray area in the law.
Other property owners say company representatives told them the easements were needed for smaller distribution lines to area homes and businesses, or that the rights of way purchased were only 50 to 80 feet wide. The right of way needed for a 500-kilovolt line is 200 feet.
The company has said it purchased the easements to install transmission lines for use in the area's burgeoning steel industry, which tanked before the lines could be built.
"This is a totally different intent," said lawyer David J. Fasulo, who along with former Washington County and state appellate judge Richard DiSalle, will be representing homeowners. "These are all arguments that have to be heard and decided."
There have been no legal fees so far. A retainer fee will be determined after at least 200 plaintiffs join the lawsuit. Knowing that many affected property owners live in rural farming communities, Mr. DiSalle said costs will be kept "as palatable" as possible.
The legal group is being organized by lawyer Susan Foster Blank, who owns a 350-acre cattle ranch in North Bethlehem. The power line is expected to be built within about 400 feet of her home.
"It will affect my water supply and cattle production," she said.
More easements will be needed from Ms. Foster Blank and other neighbors to complete the projected route.
"I'm going to fight this to the bitter end," said George Goroncy, who lives next door to the Blanks and operates a cattle farm as well.
He said power company officials tried unsuccessfully to intimidate his parents into signing over a right-of-way in 1976, with threats of taking the property by eminent domain.
If the project is approved by the state Public Utility Commission, it's possible some property owners will lose land by eminent domain. In the meantime, lawyers advised property owners to resist attempts by company surveyors to enter their property without a court order.
"You should take the position that the right-of-way isn't clear," Mr. DiSalle said.
The PUC is considering Allegheny Power's application to construct the line, and is expected to begin hearings in the area by late August. If the state takes no action for more than one year, denies approval, or if too many conditions are placed on construction, the federal government could intervene and issue a construction permit under provisions of the Energy Act of 2005. The law also authorizes the taking of private property by eminent domain for rights-of-way.
A citizen's opposition group, Stop the Towers, has collected thousands of signatures from area homeowners and ratepayers on petitions against the project. The group questions the need for additional power in Washington County, and has cited concerns over health, property values and other issues. Members believe Allegheny Power will sap local energy and transfer it to the energy-hungry East Coast.
The daughter of a retired company lineman produced a letter dated Monday asking retirees to support the project by writing to local lawmakers and regulators. The company suggested using a form letter that notes "inaction could be devastating."
Washington County Commissioner J. Bracken Burns said he agreed with that thought, but it should be directed toward the issue of the federal government superseding states' rights -- an issue that needs to be addressed quickly.
The 10-county Southwestern Pennsylvania Commission and the state Senate recently registered opposition to a U.S. Department of Energy plan to designate a large swath of the Northeastern United States as a "national interest electric transmission corridor." That's the first step needed for the federal government to trump states' decisions regarding electric transmission lines.
Legislation has been proposed to do away with the designations, and Gov. Ed Rendell, along with governors from other area states, twice wrote letters opposing the plan, most recently last week.
"Wars have been fought over states' rights," Mr. Burns said. "To give that up so air conditioning systems can run smoother in Virginia is just unworthy."
Click here for complete article from Pittsburgh Post-Gazette
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