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Landowners lose power line battle |
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Written by Ric Swihart Lethbridge Herald
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Tuesday, May 05 2009, 9:13 PM |
Coaldale-area landowners Tuesday lost their appeal of the Montana Alberta Tie Ltd. electrical transmission line linking Lethbridge and Great Falls.
The decision gives the company more confidence construction of the merchant transmission line can begin this fall.
Scott Stenbeck, lawyer representing the appellants, said a split decision — two in favour of MATL — means the appeal was dismissed.
Stenbeck said the split decision was his first in the Alberta Court of Appeal in Calgary, and indicates “that it was almost too close to call.”
He said the decision, while disappointing, showed that two justices felt the National Energy Board ruling on the location of the MATL transmission line was sufficient.
Stenbeck said the only option now is the Supreme Court of Canada. “I will be discussing that with my clients and giving them advice.”
MATL spokesman Bob Williams, vice-president, regulatory, welcomed the decision during a meeting in Helena, Mont.
“But our work is not done,” Williams said. “We certainly are committed to listening to all legitimate landowner concerns and to attain negotiated settlements on (land) easements and ongoing compensation.
MATL has secured right of way with 31 landowners in southern Alberta. There are about 100 landowners in the project corridor in Alberta.
“The decision of the Alberta Court of Appeal doesn’t change that.”
Williams said MATL has only to secure some minor permits on the Montana stretch, permits which will affect the line when it crosses other transmission lines, pipeline and roads.
But the Alberta portion still requires negotiation of the rest of the land rights-of-way, final project engineering for the $150-million project, ordering of construction supplies and equipment and development of a final construction plan.
It also has to arrange staging areas where the supplies and equipment can be stored in proximity to progressing construction work.
“Once those steps are in place, construction can proceed,” said Williams.
Williams said the three electricity shippers who have purchased the transmission capacity of the MATL line are showing patience.
Naturener owns all north-bound transmission while Wind Hunter and Inverenergy Montana own the south-bound transmission. Much of the electricity will be generated at large wind farmers planned for the Conrad, Mont. area.
In the official decision, the appeal board which heard the case Jan. 16 demonstrated that it had ample evidence regarding the social, economic, and environmental effects of the proposed project,
“The board’s overall conclusions as to whether the proposed MATL project is in the public interest is based on a balancing of the various social, economic and environmental effects that would result from the MATL project,” the judgment said.
“The record before us demonstrates that the EUB (Alberta Energy Utility Board) did as it said. The decision shows extensive consideration of agricultural and other land use impacts; the process of land acquisition required for the transmission line, including impact on land values; impacts on irrigation and aerial spraying; impacts on mitigation and protection of the environment; and impact of construction and operation of the transmission line with respect to noise, wetlands, birds, wildlife, electromagnetic fields, and radio and television interference.
“We are satisfied that the EUB’s assessment of public interest was made having regard to the broad range of benefits and burdens associated with the construction and operation of the project. The assessment was made after a comprehensive review of the specific social, economic and environmental effects of the proposed line, including those that are unique to a merchant line.”
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