Blumenthal Intervenes In Lake Management Plans

By Kendra Bobowick

Two days before a September 1 deadline, Attorney General Richard Blumenthal has fired a legal shot against plans that could bring fees to residents along Lake Lillinona’s shores.

On Wednesday, he announced his motion to intervene in federal proceedings on behalf of the state and Candlewood Lake and Lake Lillinonah residents to protect their property and environmental rights potentially effected by Northeast Generation Company’s (NGC) Shoreline Management Plan, according to a press release.

“This Shoreline Management Plan could impose significant monetary charges and environmental changes,” the release said, noting Mr Blumenthal demands that the plans require review and revamping before approval. He said, “I seek to protect residents whose property rights and quality of life are substantially at stake.” The plan is now awaiting approval with the Federal Energy Regulatory Commission (FERC).

In an effort to comply with its licensing granted by FERC, NGS drafted a Shoreline Management Plan that proposed fees for residents with docks, seawalls, gazebos, etc situated on company property along Lake Lillinonah (Lake Zoar residents own up to and in some instances into the water while NGC owns above the water line along the larger lakes). In recent weeks NGC filed its shoreline plans with FERC. After NGC filed the management plan, FERC issued a notice for comments and interventions that opened August 2 with a deadline of September 1.

Celeste Miller, spokesperson for FERC, confirmed that they have received the motion, which is now “on the docket” she said. “We have received the attorney general’s and others. They are on the docket and the commission will consider it.”

FERC has no official response, which is typical Ms Miller said.

“Essentially all [complaints] are put into the record and reviewed by the commission,” she said.

Ms Miller could not confirm if FERC would ask the power company to alter its SMP, nor could she say for certain if this has happened in the past.

“I would have to go back and look at specific cases,” she said.

Lake Lillinonah Authority Chairman Bryan Piepho also filed a motion to intervene, his primary concerns being water levels and boat slip fees for community associations. He explained that the NGS suggests a $100 fee per slip, which is higher than some private marinas.

Water levels, however, “are the beginning, middle, and end of Lake Lillinonah,” he said.

“Primarily, I am looking for comments from FERC, Connecticut DEP [Department of Environmental Protections] the Federal Fish and Wildlife Service and NGS — all four of them to review our consultants report and take a position.” He wants their responses to a consultant’s report of environmental impacts of increased water levels.

First Selectman Herb Rosenthal could not be reached for comment.

Mr Blumenthal said, “FERC should require that NGC provide greater and more specific justification for its proposed fees — in some cases revoking them entirely. NGC’s plan is threatening both economically and environmentally, likely increasing Lake Lillinonah’s water levels beyond normal operating levels. Raising the lake level will damage and destroy trees and other vegetation, as well as lake water quality.”

According to his news release, Mr Blumenthal said the plan must be significantly changed to eliminate fees for property owners with deeded property rights, assure reasonableness of any legitimate fees, not impose litigation costs related to the plan on shoreline residents, and prohibit the company from raising the water level of Lake Lillinonah.

Specifically, Mr Blumenthal said FERC should require that NGC clarify that it will not charge any fee to property owners with deeded rights for exercising the rights they paid for when they purchased their property.

And where there is a reasonable basis for certain fees — not for owners with deeded property rights — there should be an annual review to determine that the fees have been charged and collected properly, and any excess fees collected returned.

Coinciding with the deadline for filing its plans with FERC, NGS has also announced a pending sale to Energy Capital Partners (ECP).

The sale of Northeast Utilities’ wholly owned subsidiary Northeast Generation Services Company to newcomer ECP of New Jersey and San Diego concerned lake residents when the companies announced the news several weeks ago. The purchase involves the lakes along the Housatonic River, including Zoar and Lillinonah, and affiliated power plants atop the Shepaug and Stevenson Dams.

Mr Blumenthal had previously threatened action against the shoreline plan. He had joined residents in Newtown and surrounding towns who were opposed to the plan’s demands. Lake Lillinonah and Lake Zoar Authority members specifically raised a cry against possible fees, and other areas of the licensing that allow for an increase in the water levels along the lakes. The water is currently several feet below the waterline allowed in the licensing.