BOSTON (AP) — Electric utilities cannot pass on to their Massachusetts ratepayers the costs of financing new natural gas pipelines, the state's highest court ruled on Wednesday.
The unanimous decision from the Supreme Judicial Court was cheered by environmental groups, which dubbed the proposed tariffs a "pipeline tax." It was a setback, however, for Republican Gov. Charlie Baker's administration, which had viewed the financing mechanism as a means of increasing natural gas capacity and stabilizing electricity prices. Natural gas is the state's leading source of energy for generating electricity.
The Department of Public Utilities approved a rule last year that would authorize electricity distribution companies such as Eversource and National Grid to enter into long-term contracts with natural gas suppliers and recover through the tariffs some of the costs associated with pipeline construction.
The utilities argued that without those financial assurances, pipeline companies would not assume the risks involved with new construction.
The Conservation Law Foundation filed suit against the tariffs, arguing they ran afoul of a 1997 state law that restructured the electricity market in Massachusetts to separate companies that generate electricity from those that distribute it to consumers.
The high court agreed.
"The department's interpretation of the statute as permitting electric distribution companies to shift the entire risk of the investment to the ratepayers is unreasonable, as it is precisely this type of shift that the Legislature sought to preclude through the restructuring act," the justices declared.
David Ismay, CLF's lead attorney in the lawsuit, said the ruling makes clear that residential electricity customers cannot be forced to shoulder costs for private gas pipelines.
"Today our highest court affirmed Massachusetts' commitment to an open energy future by rejecting the Baker Administration's attempt to subsidize the dying fossil fuel industry," said Ismay, in a statement. CLICK TITLE TO CONTINUE
MERIDEN — The five-month closure of Gypsy Lane will end Friday evening, much to the relief of local residents and motorists.
In April, Gypsy Lane was closed to all through traffic so the railroad bridge that crosses the road could be upgraded. The work included installing another structure to support double tracking on the bridge. The road, which connects Old Colony Road to Route 5, is scheduled to reopen to all traffic after business hours on Friday.
Construction on the bridge was part of a rail upgrade to increase commuter service between New Haven, Hartford and Springfield. The new line will operate 17 trains daily from New Haven to Hartford and 12 trains to Springfield. Now that the bridge is reinforced, crews can begin laying the rail bed and the second set of tracks, according to John Bernick, assistant rail administrator for the state Department of Transportation.
As part of the project on Gypsy Lane, workers also installed an advisory beam across both sides of the bridge to warn drivers of the 9-foot clearance that has historically caused trouble for box trucks. In a two-week period in 2013, three box trucks struck the bridge.
“If they were going to do anything, they should have raised it,” said Douglas Dudley, who lives at the western end of Gypsy Lane. “At least now it will be a little quieter.”
Residents in the area said they would no longer have to detour onto Hall Avenue in Meriden or onto Route 150 in Wallingford to get to Route 5. “It was kind of inconvenient but I guess progress must go on,” said Mike Carrier, a Gypsy Lane resident.
SOUTHINGTON — The Town Council unanimously approved a sewer hookup Monday for a food waste-to-energy plant on Depaolo Drive, which has faced delays in beginning operations.
The affirmative vote is the latest bit of good news for Quantum Biopower which has received a loan from the Connecticut Green Bank this year and is in the final stages of its application for an air quality permit. Quantum Biopower, owned by Supreme Industries Inc. of Harwinton, intends to expand its existing mulching operation at 49 DePaolo Drive to process 40,000 tons of waste a year. The venture is capitalizing on a 2013 law requiring supermarkets and wholesalers to recycle rather than pitch leftover food.
The company has been stalled by a lack of funds as well as by delays in getting government permits. Brian Paganini, managing director for Quantum, said he hopes the plant will become operational by the end of the year.
“This was a big step for us tonight,” Paganini said. Construction on the new plant is in various stages, he said. Some equipment is on order. Quantum’s sewer-usage permit allows 60,000 gallons per day. The plant will have its own pretreatment facility to process the water contained in food waste, some of which is used in composting.
Town Council Chairman Michael Riccio said the vote on sewer connections was expedited.
“It’s a business and they’re trying to get it moving along,” he said. “We thought it was wise to get this in front of the council immediately.”
Republican councilor Tom Lombardi, an employee of Supreme Industries, recused himself for the vote and discussion on the sewer connection. Democratic councilors Dawn Miceli and John Barry weren’t present for Monday’s vote. CLICK TITLE TO CONTINUE
The School Modernization Committee has met frequently — sometimes a few times a week — to fulfill the tasks required in the early stages of the building project.
Those tasks, in June and July, included forwarding information to the State Office of School Construction grants for reimbursement of construction costs, and applying to the Department of Agriculture's Rural Development Program for a loan.
At the beginning of August, the town was approved for a $23.49 million loan of the town's share of the school project costs, in one of the biggest projects approved by the USDA in the state, according to Area Director Johan Strandson.
The 2.75 percent interest rate, locked in when it was approved, means the town will likely save millions in interest over traditional bonding. The town's Center for Emergency Services also has been approved for funding through that program.
Strandson said the flexible term of the bond — extended up to 40 years by an act of the legislature, with no additional costs if the town decides to pay off the loan early — allows small towns to make large capital investments.
"This gives an opportunity for small rural communities to make necessary health, safety and cultural improvements and make it affordable, especially with projects that run into millions of dollars," he said.
Last week, the committee selected Quisenberry Arcari Architects as the architect for the project. The firm was one of eight that responded to a Request for Proposals issued in July — and chairman Mike Urgo said the firm was selected using a ranking matrix. CLICK TITLE TO CONTINUE
More Changes This Weekend For I-95 Drivers In New Haven
NEW HAVEN — For the second time this summer, the state transportation department is advising motorists that I-95 through the city will undergo a weekend makeover that might cause traffic delays or and driver confusion.
The DOT built a new bridge over the West River between the city and West Haven, and on Friday night and Saturday will begin shifting southbound traffic onto it.
The shift is scheduled to start Friday at 10 p.m. and should be completed by Saturday night, the DOT said.
The work includes doing away with the southbound I-95 traffic split before exit 44. In addition, work crews will be installing advance-warning signs, repainting stripes on the traffic lanes, removing old overhead signs and installing new ones. Workers also will install a new concrete barrier curb.
The change is part of a four-year replacement of the I-95 West River crossing, which was constructed in 1958. The DOT is opening the new bridge one half at a time, and is demolishing the old one gradually.Massachusetts-based Middlesex Industries, a DOT contractor, began work in 2014 and is scheduled to finish in late 2018. The cost will be nearly $130 million, according to the DOT.
When all construction is completed, the new bridge will have the same six lanes of traffic that the old one had. It also will add four full-width shoulders.
Construction crews are rebuilding approaches and replacing the "cloverleaf" interchanges — ramps with sharp curves — at exits 44 and 45 with a single so-called diamond interchange, which has straighter ramps that don't require sudden acceleration or deceleration.
Consultant Hired To Do Waterbury 'Mixmaster' Study
WATERBURY — The state has hired a prominent Rocky Hill-based consulting firm to recommend the best way to rebuild or replace the Route 8 and I-84 interchange, a project that has previously been estimated to cost several billion dollars.
The state transportation department will work with HNTB Corp.'s design and engineering team in a study that could take two years or more, with final design and construction happening sometime after that.
A large part of the Hartford study has been determining what city residents and businesses want. Hartford neighborhoods have complained for decades that the concrete strip beneath the highway — largely vacant and discouraging to pedestrians or cyclists — divided the community.
The DOT said it is committed to having HNTB gather public opinion in Waterbury before state planners decide how and what to build.
"We want them to balance the requirements for improved traffic flow over the new structures, as well as look for enhanced economic development opportunities and a design that will be context sensitive and complement the urban landscape of our fifth-largest city," Redeker said. CLICK TITLE TO CONTINUE
When all construction is completed, the new bridge will have the same six lanes of traffic that the old one had. It also will add four full-width shoulders.
Construction crews are rebuilding approaches and replacing the "cloverleaf" interchanges — ramps with sharp curves — at exits 44 and 45 with a single so-called diamond interchange, which has straighter ramps that don't require sudden acceleration or deceleration.
The DOT said several ramps will be detoured on Friday night and Saturday and advises drivers to stay within all posted speed limits while going through the work zones.
The West River project is one of several DOT projects that are reconstructing much of I-95 in New Haven. The nearby Q Bridge replacement is part of that work. CLICK TITLE TO CONTINUEConsultant Hired To Do Waterbury 'Mixmaster' Study
WATERBURY — The state has hired a prominent Rocky Hill-based consulting firm to recommend the best way to rebuild or replace the Route 8 and I-84 interchange, a project that has previously been estimated to cost several billion dollars.
The state transportation department will work with HNTB Corp.'s design and engineering team in a study that could take two years or more, with final design and construction happening sometime after that.
The DOT said it wants to examine different configurations and how they would affect traffic as well as the city itself.
"We have asked HNTB to take a fresh look at all options and to take fully into account how the interchange fits into the urban fabric of the city," Transportation Commissioner James Redeker said in a statement. The project isn't as large or complicated as the I-84 viaduct replacement in Hartford, but Gov. Dannel P. Malloy has identified them as the two largest individual highway reconstruction jobs facing Connecticut. The Hartford design and planning work has been under way for more than two years, and the DOT is only now on the verge of officially selecting a general approach: Either a new elevated structure or a surface-level highway with sections in a trench that could be covered for a tunnel effect. A large part of the Hartford study has been determining what city residents and businesses want. Hartford neighborhoods have complained for decades that the concrete strip beneath the highway — largely vacant and discouraging to pedestrians or cyclists — divided the community.
The DOT said it is committed to having HNTB gather public opinion in Waterbury before state planners decide how and what to build.
"We want them to balance the requirements for improved traffic flow over the new structures, as well as look for enhanced economic development opportunities and a design that will be context sensitive and complement the urban landscape of our fifth-largest city," Redeker said. CLICK TITLE TO CONTINUE