NYRI: Lights Out for Central/Upstate NY

The Feds have announced our fate: we’re in the middle of an electric transmission corridor to serve the coastal megalopolis.

And if you think New York State might hold sway, think again by checking out Arizona’s fate.

The commission found Arizona customers would pay more to build the line, but not receive adequate financial benefit. The commission also cited environmental concerns. (Business Journal of Phoenix)

Sound familiar?

Clearly the Federal Government is OK with trashing smaller regional economies for the benefit of large metropolitan areas — so arguments of that nature will fall on deaf ears. It seems to me we should be concentrating on whether the Feds have the right to do this.

Whatever happened to the concept of states’ rights?

Giving Some Credit . . .

My readers know that there is no love lost here over Mohawk Valley EDGE … But credit will be given when it is due.

Yesterday’s opinion piece in the OD by EDGE’s Mr. DiMeo, “Federal corridor, NYRI plan not the answer” was excellent, and makes a key point:

“Hurting the economy of upstate to benefit the economy of downstate is hardly an appropriate justification for DOE’s proposed corridor designation.”

Indeed. One must question if it is even within the power of the Federal Government to sacrifice one geographic area’s economy for the benefit of another. It seems to be contrary to all that our Founding Fathers stood for.

Something Bothersome Here . . .

Yesterday, the U.S. Department of the Interior ruled that the 1993 compact between the State of New York and the Oneida Indian Nation — the compact that allows gambling at the Casino — was valid.

I may draw flack for this, but I cannot say that this is a problem. In spite of all the issues regarding unfair competition, taxation, etc., no one can deny that Turning Stone is probably the best thing that has happened to Oneida County in years, in terms of job creation and improvement in our quality of life. None of this would have happened but for the 1993 compact.

Yet there is something bothersome about what just happened: A federal administrative agency just trumped the rulings of New York State courts on issues of what New York State officials could and could not do.

Somehow I think our Founding Fathers are rolling over in their graves.

PS Happy Flag Day!

Don’t Tread on Us . . .

Sometimes “what goes around comes around,” as someone astutely pointed out on Story Chat referring to Mr. Picente’s complaint that the Federal National Interest Electric Transmission Corridor designation for Oneida County is unconstitutional. Just like Oneida County shoved a huge garbage dump onto the small (in population) Town of Ava, the Federal Government may be about to shove the NYRI power line onto politically insignificant Oneida County.

Shame, shame on us for thinking it was OK for someone else to sacrifice their environment for our needs . . . and dismissing their complaints as “NIMBY” sentiments . . . or merely standing mute while it all happened. . . NOW we will know how it feels. Maybe we will learn a lesson from the experience, and change our ways.

If we were somehow forced to become our brother’s keeper, our decisions would be different. People would still find ways of accommodating their needs, but the negative impacts would be kept at home. For example, if Oneida County could not dump on Ava, it might have retained its incinerator in Rome and improved on it, keeping the negative impacts within the region receiving the benefits. If Downstate was unable to force Upstate to supply it with power, the Shoreham nuclear plant would be operating, there would be less opposition to offshore wind farms, or there would be controls on local growth . . . again keeping the negative impacts in the area receiving the benefits. We would be good neighbors to other regions.

While there are always winners and losers in government decision making, we seem to have lost the ability to accommodate each other’s needs . . . We’ve become selfish . . . Or maybe it is simply that we do not have to look out for others’ needs any more. People in population centers can simply use the government that they control to bludgeon their less populous neighbors into taking their garbage, or generating their power. It was not always that way. Our government has changed.

Congressman Hinchey also calls the federal move “unconstitutional.” Maybe it is. But the conversation needs to be much broader than federal power corridors. It needs to address what is meant by “equal protection of laws,” and, ultimately, it may require the Supreme Court to revisit some old decisions.

Mixing Mills and Monasteries in Herkimer County

Maintaining silence until now, monks at the Holy Trinity Russian Orthodox Monastery have finally voiced opposition to the proposed Jordanville Wind Farm and its armada of 75 turbines.

“The few-hundred acre spiritual retreat settled where it did because of the area’s isolation and beautiful landscape … said the Rev. Luke Murianka, deputy abbot of the monastery.”

In essence, the wind farm is expected to interfere with this particular community’s use of its own land . . . making it less conducive to contemplation and meditation. “Community Character” will forever be changed.

Interestingly, some of the commenters on “Story Chat” accuse the monks of being selfish.

“Carole Kowall” paints the monks as outsiders who “came to America in search of freedom to practice their beliefs,” herself as one of those who gave them this chance, and implies that the monks are applying a double standard. Of course, the obvious difference is that the monks’ community has been here for years and they will have to either give up their way of life or go elsewhere, leaving behind decades of crafts and tradition. Their community will be disrupted. The wind mill promoters, however, are the real “outsiders” who are not interested in a way of life but in making a profit (with with all sorts of taxpayer subsidies). They could go elsewhere with disruption of only plans.

“Jon Tinsdale” proclaims that “we all need to go green” and preaches “The monks should realize it is for the betterment of the whole instead of the few that really count.” There’s that “selfish” accusation again.

Let’s look at some facts:

1) The wind farm project is seeking a PILOT and will not build without it. That means that wind power is currently not economically viable without the local taxpayers’ granting the promoters special privileges. We already know that certain provisions of state law already require everyone to subsidize these operations with special guaranteed minimum electric rates — which is one factor in NYS having some of the highest electric rates in the country, making us uncompetitive for jobs.

2) There is no local need for the electric power the wind farm will generate. In fact, the “excess” of electric power upstate is cited as the justification for NYRI.

3) Unlike conventional coal or nuclear power plants, which could potentially be located away from people and screened, this project will have a footprint of FIVE THOUSAND ACRES. That is significantly larger than the stone quarry that “Ms. Kowall” complains about. And while “Mr. Tinsdale” thinks the windmills are “not bad” to look at, the novelty will surely wear off when we are inundated with them. (Refineries look beautiful at night, too, but I wouldn’t want to live next to one.)

4) The monks are probably one of the “greenest” communities on the continent regarding the lifestyle that they lead. Why should they be expected to sacrifice that so that someone else in a far off city can indulge their creature comforts with a little less guilt?

“Community Character” is an important factor to be considered when weighing the environmental impact of a project, and whether or not a project should be allowed. The Jordanville Monastery is quite unique in North America and is a local treasure. (See the excellent photo presentation on the OD site). It is one of those things that contributes to the cultural diversity of the entire region. At one time it attracted the famous conductor Rostropovich to reside in the area. Surely, the wind farm will destroy the character of the monastic community at Jordanville. While some may “pooh pooh” visual impacts, such have and can provide the basis for denying a project.

Herkimer County has to make a decision on what is more important to its future: the money that will flow to local government and landowners from the project, or preservation of its character. While windmills will become commonplace, destruction Jordanville’s character, once done, will never be replaced.

Tilting at Windmills

According to today’s news, Oneida County’s Board of Legislators has given tax breaks to the benignly-named Citizens Airtricity Energy for the Munnsville windmill electric power project.

“Brewer said the county did not become part of the project for the money, but rather to show it would like to be involved in other energy conservation and revenue sharing projects in the future.“

Thank you, very much, Legislator Brewer. You’ve just provided more justification for NYRI to construct its power line project.

This subject was blogged about back in December ‘06 when Herkimer County was considering PILOTing windmills, so I won’t repeat all my points here. See Public Impacts, Private Profits, and Piloting Nuisances. Suffice it to say that …

Our Board of Legislators cannot see the forest for the trees.

Bigger Than NYRI

“Bait-and-Switch” might have come to the minds of some people when reading Friday’s news that the PSC will require NYRI to analyze use of the Marcy South power line route as an alternative to its own proposed route. The thought of 14-story towers and lines passing through quiet neighborhoods and heavily populated areas in the City of Utica, Village of NY Mills, and Town of New Hartford is so repugnant to so many that a routing through Herkimer County might bring a sense of relief — and melt some of the opposition to the project. One wonders if this was the “real” plan because NYRI in its original application offered to consider the most northern part of the Marcy South route as an alternative to going through the heavily populated areas of Oneida County.

“The Straw Man” is the proposal to run the power line down the Thruway. We’re not sure exactly where this idea originated, but it was discussed by a lot of candidates during the last election both locally and at the other end of the proposed line, as well as US Sen. Schumer. (If only politicians would not shoot from the hip like this.) With so many politicians talking about a Thruway alternative, it took on the appearance of being an “acceptable” alternative. Instead of promulgating criteria (such as “avoiding populated areas to the maximum extent practicable”) and having NYRI develop the alternative route to meet the criteria, PSC went with the politicians’ choice of the Thruway: a “convenient” alternative that can be “studied,” but which has no real chance of being selected because it would pass by and affect even more people than the proposed route. Anyone with a rudimentary knowledge of NYS geography (hardly taught in school anymore) knows this. Unfortunately, PSC Staff and NYRI 3/15/07 stipulated that PSC will not require study of any other alternatives except those specifically listed in their stipulation (i.e., PSC will not require NYRI to consider a route “avoiding populated areas to the maximum extent practicable”). After PSC’s “Dog and Pony” show, the Thruway will be discarded because next to it, NYRI’s routes will actually look “good.”

Crumbling the Coalition? A lot seems to be happening that potentially could crumble the coalition against NYRI. The desire of some Herkimer County and other Upstate landowners and municipalities to develop wind power that would benefit from NYRI could eliminate opposition from that segment. Choosing the Marcy South alternative locally could blunt opposition in Oneida County. Putting the lines underground in certain locations could make other opposition go away. Studying a “Thruway” alternative could financially exhaust those remaining. If NYRI satisfies enough “special interests,” then the “special interests” represented by NYRI will win the day. I’m sure that to our politicians, this would be Standard Operating Procedure. Letting special interests play off against each other until a victor emerges is the way our government operates every day. It is also lazy government and is what has turned Upstate NY into an economic wasteland. There are no leaders with foresight anymore (except, possibly, Mr. Spitzer, but it is too early to tell). Our career politicians are only interested in what will get them reelected, not the long term consequences of their actions.

Bigger than NYRI. If the coalition against NYRI focuses on what is really at stake, it won’t allow itself to be played off against each other . . . and what is at stake is much bigger than preventing a particular power line from passing through particular communities. Upstate’s very survival is threatened not by NYRI, but by governments (State and National) allowing market forces to place the interests of populated geographic areas over those that are less populated. The country’s Founding Fathers understood how market forces would not respect the less powerful regions, and sought to ensure that each State’s perspective would have to be dealt with. They did this by giving each state the same number of Senators. We previously blogged about the root cause of Upstate’s demise: reapportionment of the State Senate. The Upstate perspective was thereafter lost. Now Upstate is further threatened by a Federal Government that has forgotten that its powers are limited under the Constitution, and that its States are sovereign over their own territories. “National interests” now trump local. So while a Federal Government sees the national interest in keeping its financial capital growing with cheap electricity, it overlooks the fact that the regions expected to supply the electricity have much lower incomes and will not be able to afford the increased costs to them that will result. Westchester’s mean family income is $142,233 compared to Oneida County’s $59,982. Thus, it is only natural that Westchester would pay more for power — the law of supply and demand — too many dollars chasing too few kilowatts. When things become too expensive for Downstate, growth will stop and go elsewhere — perhaps Upstate. What is wrong with that? The Federal government, however, wants to tinker with the natural progression, and artificially stick Upstate into the same energy market as Downstate via the power line. Given the current differences in income, Upstate will lose.

Now it is electricity. Next it will be water. Something else later.

Everyone has a right to survive. Both State and Federal governments need to ensure that their policies do not sacrifice one region for another.

Divide and Conquer … or The Proper Role of Government

Several articles appeared today in the OD about the Herkimer County wind farm projects. The articles suggest that the debate is focused on the need for renewable energy vs visual impacts to and diminution in value of neighboring properties. However the articles understate the extent of the negative impacts.

If wind energy was cheap, and if the host communities would benefit from same, there would be little concern. That is because people are willing to put up with some visual blight and inconvenience if they know they will benefit. Unsaid here, however, are the facts that the power these wind farms would produce is neither cheap nor needed by the communities and counties hosting the facilities. Upstate, we are relatively awash in power. Therein lies the real problem.

Power produced here will benefit people living elsewhere. Not only will the wind farms’ immediate neighbors suffer impacts, but so will everyone living along the route of the power lines that become necessary to take the electric “product” to “market.” The impacts are not only visual, but also economic (in that properties along the way will lose significant value) and potentially to human health.

So, “divide and conquer” becomes a potential strategy for anyone wanting to put up a power line. Dangle the prospect of making lots of money in front of potential wind farm landowners and you produce supporters of power lines. Of course, with a windfarm-powerlines setup, there will be some winners and many losers if purely market forces are left to control.

This is why we need government: to regulate behavior to maximize the number of winners and minimize the number of losers. If the windfarm-powerline connection was recognized, it might be possible to set up a regulatory scheme where such facilities are located where they will create the least amount of harm — and perhaps provide compensation for those unavoidably affected.

But no one in government is leading the way. Herkimer County amazingly is planning on PILOTing these projects (agreements to encourage their development by reducing their taxes). If Herkimer County feels it is getting a benefit from these projects, then it is justified in providing the agreements. However, Herkimer County should then be expected to take its fair share of the impacts by accepting the alternative route for the NYRI power line that would pass through its southern towns.

How Presumptuous…

The story about NYRI in today’s OD was disturbing in its implications.

In response to some proposed federal legislation that would curb federal power,

“New York Regional Interconnect hit back in a news release, saying that blocking the proposed line could “put our state on a path toward slower economic growth, degraded and insecure infrastructure and loss of opportunity, jobs and local tax revenues.” “

“OUR STATE??” We don’t really know who NYRI is, though, from what little is known, they appear to be Canadian investors. Who is NYRI to speak for the state? With higher electric rates, NYRI’s proposal will be be another nail in upstate’s coffin. New York has already put itself on a path toward lost opportunity, but we don’t need outsiders to tell us how to run our household. When the situation hurts downstate enough (those who would benefit from NYRI), New Yorkers will find a solution that is fair to ALL New Yorkers. How dare a private company try to impose its will on a region.

How dare the federal government cooperate!

As most us older folks learned in school, the federal government is supposed to be limited, with most of the powers of government reserved to the states and the people. But the Congress and the courts have year-by-year expanded the role of the federal government into aspects of our lives the would make the Founding Fathers roll over in their graves.

NYRI’s statement reflects an attitude that unfortunately has been accepted by government: that private corporations know what is best for the people. Those who have the inside track with government officials can get what they want. The courts seem to have gone along with this (as in the Kelo decision).

When the general public no longer feels safe and secure in their homes, the government is not doing its job. We are fast approaching that point.

A Loose End . . .

We still don’t know what Judge Tormey decided in the Utica OD – OCIDA – NYRI litigation. It might be interesting to see whose names are on that lease and How Much NYRI will pay the railroad for use of its right-of-way.