Witness Testimony
The Honorable Christopher Shays
CT-4 U.S. House of Representatives 1126 Longworth House Office Building
Washington, DC, 20515
Regional Energy Reliability and Security: DOE Authority to Energize the Cross Sound Cable
Subcommittee on Energy and Air Quality
May 19, 2004
10:00 AM
Mr. Chairman and members of the Committee, thank you for allowing me to
testify today about concerns we have regarding the activation of the Cross Sound
Cable, which connects the electric transmission grids of New England and Long
Island and transfers power in both directions.
We can all agree there is a clear need for electricity to go back and forth
between states to protect regional energy security and ensure there is
efficiently-generated energy in ample supply to meet demands. We may ultimately
disagree about the value of environmental protections and review processes in
meeting those goals.
In the course of setting national energy policy, important environmental
concerns are too often dismissed.
While we must make sure we have plans in place to provide Americans
uninterrupted service, we have a responsibility to future generations to also
ensure due diligence is done to prevent unnecessary environmental harms and to
follow processes established to ensure we adequately consider environmental
objections.
Back in 2002, the Connecticut Department of Environmental Protection and the
Army Corps of Engineers published minimum environmental requirements for the
Cable. These included stipulations for the depth at which the Cable should be
buried that it does not meet at several points along its course. Its failure to
meet those requirements, and its activation despite that significant
shortcoming, has been a serious source of concern for Connecticut.
The fact is the Cable does not comply with the State of Connecticut's
construction permit. It doesn't even comply with minimum environmental standards
established to protect this precious estuary. And its permanent activation could
have consequences for Connecticut's ecosystem, oyster industry, power supply and
maritime business.
After ordering it indefinitely activated on August 28, Secretary Abraham shut
down the Cross Sound Cable on May 7, an action we are grateful for.
Nonetheless, it is still important to recognize that the method by which he
had activated the Cable in the first place overrode the State's legally
constituted authority to regulate its construction in a manner that protects
this important natural resource, and circumvented important review processes in
place to ensure the environmental integrity of the project.
Secretary Abraham's decision to activate the Cable and the effort to codify
that decision in the Energy Policy Act was simply the wrong way to proceed.
These actions, which followed the August 14 blackout, came despite
Connecticut's vigorous opposition and the North American Electric Reliability
Council's public assurances that the electric grid in the Northeast had returned
to normal operation.
There is a right way and a wrong way for the system to work. State laws need
to be respected and when they are overruled, there should be a process that's
fair for ensuring their concerns are addressed. In this case, we have a system
in place for doing exactly that, but the way in which the Cable was activated
bypassed the process and was therefore objectionable.
Mr. Chairman, the bottom line for me is, when dealing with a project of this
magnitude, there is a process for ensuring environmental fitness, which in this
case, was not followed.
It is clear we must take action to maximize energy security, but
environmental review need and must not be compromised in the process.
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