Town rebuffs utility over zone change - June 4, 2010
By Suzanne Hodgson
Staff writer
A representative from Central Maine Power Co. said the company will continue plans to build a larger power line through Kennebunk whether the town agrees to it or not.
Selectmen on May 25 told CMP Spokesman John Carroll they may not agree to change town zoning for the new lines until the company agrees to consider selling certain assets to a local electric co-op, Kennebunk Light and Power District. Carroll said the company would do everything it could to move forward with the statewide project.
CMP was in front of the board to get the zoning ordinance changed, but believes the Public Utilities Commission can allow the company to ignore the town’s zoning ordinances in order to continue with the project.
The $1.5 billion Maine Power Reliability Program aims to install 500 miles of new transmission lines through 80 towns in Maine.
The project is intended to modernize the power grid and make service more reliable for the company’s 600,000 customers.
Kennebunk’s zoning regulations limit tower heights to 75 feet, but the new H-frame design required by CMP needs a maximum 130 feet for some of the planned 67 towers. Other ordinance changes the company seeks include smaller setbacks and a demonstration of a “good faith” effort to work with the lines’ abutters.
The board decided to continue the public hearing until the June 8 meeting and seek legal advice on the matter.
Selectmen speculated that if the CMP plan was rejected by the town, the company would file an appeal with the PUC.
“(CMP) is going to ram it through no matter what,” said Chairman Wayne Berry. “God help you if the public backlash comes back on that.”
After nearly two hours of discussion from Kennebunk citizens including Democratic State Reps. Ed Legg and Gary Connor in opposition to the plan, Carroll said it was only fair people hear what CMP plans as a next step.
“We’ve been to the planning board three different times; this is our third time (in front of selectmen). Our schedule is to begin work in June – next month – on this project. Our schedule in Kennebunk is to begin work in January of 2011,” Carroll said.
He said it was clear to him any public vote would not yield positive results for the company. Carroll said CMP would submit an application to the site plan review board for site plan and power lines “under the existing ordinance.”
“We do have to move ahead. We’ve run out of time,” Carroll said.
Berry called Carroll’s statement an outright threat.
“So you’re applying for something that doesn’t exist?” Berry asked.
Carroll said the amendments had passed the planning board April 12 with a recommendation to be approved by selectmen. Carroll said he would take the matter to the PUC and say the company had complied but the town would not accept CMP’s application.
Many residents and businesses in Kennebunk are not served by CMP, but by a smaller electric utility, Kennebunk Light and Power District, owned by its customers.
Some of the of the 1,581 residents in the Lower Village area served by CMP stood at the meeting to protest what they consider poor service by CMP.
A November 2008 referendum showed 90 percent of Kennebunk voters wanted Kennebunk Light and Power District to serve the entire town.
According to Sharon Staz, manager of Kennebunk Light and Power District, the company has been trying to buy the CMP parcel for more than four decades. Staz said every time it has approached CMP about a possible deal, the company has said they will not sell.
“We are not offering parts of our business for sale,” Carroll said.
“All we continue to ask for is for CMP to sell the (area in Kennebunk they service) to KLPD, I guess we’re at a roadblock here,” Selectman Tom Wellman said.
Connor said he would try to work with legislators to protect Kennebunk’s rights.
“The board has the right to say ‘no thank you,’” he said.
Legg agreed to support Kennebunk’s rights and disclosed he lives in an area of Kennebunk served by CMP.
Legg said he sees every day “the service, or lack thereof provided, or not provided, by CMP” and many of his neighbors have generators now hooked up to their houses.
The PUC recently approved the CMP project, one of the conditions needed to move forward with the plan.
“This debate has been settled, not to sound arrogant but the conclusion is this line should be built,” Carroll said.
Other municipalities have similar disputes with CMP over the project including Saco, which wants the power lines to be buried underground. Carroll said Lewiston also wanted to have underground lines, so the town decided to pay $7 million from TIF funds to bury the lines.
Above ground or underground, Carroll said the new lines will improve service to some areas.
Selectman John Kotsonis asked if the old lines would be torn down.
“When you put the new lines in, the old lines will still be there,” Selectman Al Searles said. “You can’t stand there and tell me the new line will increase reliability to Kennebunk. It’s just not true.”
Carroll said the old line would be connected to the new line and would result in improved service.
Legg also brought up CMP’s internatinal owners.
“I want you to be aware of who you’re dealing with. You’re dealing with an entity protected by international trade agreements,” Legg said.
CMP was purchased by the Spanish firm Iberdrola in 2008, one of the largest electric utility companies worldwide, with a total of 25 million users.
Iberdrola will pay for the upgraded lines, with 50 percent cash and 50 percent borrowing. Once the upgrade is complete, Carroll said the company will recoup the investment through rates charged to New England customers.
“Yes, we will make money on our investment,” Carroll said.
Staff Writer Suzanne Hodgson can be reached at 282-4337, ext. 233.



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