Senator Fasano and Other Legislators Ask Attorney General to Seek Injunctive Action Against CT Siting Council

March 1, 2005

State Senator Len Fasano (R-East Haven) along with nine other state legislators sent a letter to Attorney General Richard Blumenthal yesterday asking his office take immediate injunctive action against the Connecticut Siting Council. The legislators contend that the Siting Council has engaged in ex parte communication with the Connecticut power companies, which is in clear violation of the Administrative Procedure Act and the fundamental right to due process. All legislators involved are extremely concerned that the Council enacted their Best Management Practices for Electro Magnetic Fields (BMP for EMF) standards without giving notice to any party except the energy industry.

“Our letter outlines a series of actions on the part of the Council that clearly demonstrate a failure to comply with Connecticut law,” said Senator Fasano. “We firmly believe that there is evidence that the Siting Council knowingly engaged in ex parte communication with the power industry in regards to the possibility of burying the power lines.”

The legislators’ request for the injunction stems from the ongoing controversy over the 68-mile Middletown to Norwalk power line. Legislation passed last May required high voltage power line be buried underground where technically feasible, however Connecticut power companies have resisted, claiming that burying the lines would negatively impact reliability. KEMA, a consulting firm hired by the Siting Council to determine how many miles of lines could be buried, conspicuously changed their opinion on the issue at a hearing on February 14 th . The legislators are also requesting the AG to investigate their sudden change in expert opinion.

“The Siting Council’s own experts, KEMA, convincingly argue that additional power lines could be buried, then, following a short break, completely recant that argument. I find it curious at best, and disturbing at worst, that this organization after months of research and hundreds of thousands of dollars spent totally flip-flops during a half-hour lunch break with little to no explanation,” said Senator Fasano. “To me, something else is at play here and that is why we are asking that the Attorney General’s office get involved, investigate, and take immediate action against the Council.”

Senator Fasano is an Assistant Minority Leader and represents the 34 th district communities of East Haven, North Haven, and Wallingford.