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Witness Testimony
The Honorable Rosa L. DeLauro
Regional Energy Reliability and Security: DOE Authority to Energize the Cross Sound Cable
Mr. Chairman, distinguished colleagues, thank you for this opportunity to share with you my concerns regarding the Cross Sound Cable which stretches from New Haven Harbor in New Haven, Connecticut, through the Federal Navigation Channel, and across the Long Island Sound to Brookhaven, New York. I am grateful to have this opportunity. Mr. Chairman, to allow this transmission cable to operate indefinitely without complying with the conditions and requirements outlined in both the federal and state permits issued for the construction and installation of the cable is to condone the kind of poor energy planning that no one here wants. In that sense, I also ask that you not penalize the hundreds of commercial shipping and family fishing vessels that use New Haven Harbor by intervening in this dispute between the states and allowing this cable to operate. Since its initial proposal in 2001, the Cross Sound Cable has found steady and vocal opposition in Connecticut - not just among those elected officials who are often quoted in the daily newspapers, but from communities of all backgrounds. Environmental groups, the fishing industry, the harbor pilots who utilize New Haven Harbor's Federal Navigation Channel, and concerned citizens - groups which rarely share common interests all came together in an effort to stop the installation of this electric transmission line. The proposal went through the regulatory process both at the state and federal levels and eventually received the necessary permits for construction and installation. However, these permits were not issued without consideration of the valid environmental, economic, and navigational impacts this project would have on both the Federal Navigation Channel and the Long Island Sound. In both the federal and state permitting process, numerous conditions were outlined by regulatory bodies and accepted by Cross Sound Cable. Among those conditions was the requirement that the cable be buried, quote, "no less than 6 feet below the seabed or to an elevation of minus-48 feet mean lower low water, whichever is greater, within the Federal Navigation Channel in New Haven Harbor." In addition, under the permits, specific technology was accepted which was to be used by the company to install the cable. Unfortunately, Cross Sound Cable did not heed the warnings of harbor pilots and fisherman-many of whom come from families who have utilized the Harbor for generations-that it would be impossible for them to install this cable at the required depths throughout the Channel using these techniques because they would come into contact with bedrock. Instead of returning to the proverbial drawing board, the company chose to move forward and, as predicted, ran into problems in several areas where they were unable to meet the required depth conditions. It is my understanding that in one of these problem areas, it is probable that the company will not be able to meet this requirement without doing significantly more damage to the Channel. Following the multi-state blackouts of August 2003, Energy Secretary Spencer Abraham issued an emergency order that allowed the cable to operate indefinitely. The basis of his decision was that the Cross Sound Cable would act to stabilize the electric grid. On May 7th of this year, Secretary Abraham issued another order that called for the cable to cease operations. In issuing his May 7th order, Secretary Abraham found that the emergency conditions that required activation of the cable no longer existed. I applaud the Secretary for recognizing the reality of current conditions and acting appropriately. In the last month, both the New York Independent System Operator (NYISO) and the New England Independent System Operator (ISO - NE)-the two organizations responsible for operating the regions' electric power grid-have released reports on electricity supplies for the summer of 2004. Both reports expressed confidence that, with normal summer weather, there will be an adequate supply of electricity to meet demands. Even in the event that summer weather conditions are unusually warm, this is no justification for reactivating the cable. Put simply, Cross Sound Cable, LLC has a responsibility to meet the conditions of both the federal and state permits. Until it can do so without further degradation of the New Haven Harbor or Long Island Sound, Cross Sound Cable should not be able to financially benefit from the operation of the cable. That is simply a matter of good, responsible business practice. The Secretary's August 17th order and efforts to legislate the activation of this cable represent an unfortunate decision to trump the regulatory measures taken by several other federal agencies, including the Army Corps of Engineers, the EPA and the Fish and Wildlife Service. That order, HR 6, and the legislation introduced by members of the New York delegation, all represent a real assault on state and federal regulatory decisions. Failure to address the very real concerns of federal and state regulators would essentially allow a company's bottom line to supercede any and all regulatory authority. That is not good public policy. It is a dangerous path to travel, and I hope the committee recognizes the need to remove this language from the Energy Bill before it is reconsidered. With that, I would like to again thank the Chairman and the distinguished ranking member for giving me this opportunity today. Thank you. 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