Small victory on PATH!
Jim Sconyers
jim_scon@yahoo.com
304.698.9628 Remember: Mother Nature bats last.
----- Forwarded Message ----
From: Elena Saxonhouse <Elena.Saxonhouse@sierraclub.org>
To: CONS-ELP-TRANS-LINES-FORUM@LISTS.SIERRACLUB.ORG
Sent: Thu, September 16, 2010 4:11:11 PM
Subject: PATH substation victory
I'm happy to report that the Frederick
County Planning Commission found last night by a 6-0 vote that the substation
proposed as the terminus for PATH t is inconsistent with the County's Comprehensive
Development Plan (basically the County's constitution for local land use).
The local groups turned out about 100 people, many of whom who presented
individual testimony, along with CAKES, Sugarloaf Conservancy, and Sierra
Club presenting as groups. This is a significant setback for PATH, even
though there is a question as to whether the County will have ultimate
authority over the substation. As many of you know, the MD
Public Service Commission has taken the position that if the PSC
approves the line and determines the substation is "integral"
to the line, the PSC's decision will trump that of the county's. If the
PSC approves the line, this issue will likely be decided in state court.
I'm attaching Sierra Club's comments to the Planning Commission here for
reference (without exhibits), which Alana Wase presented for us last night.
There are several other land use hearings
coming up in Frederick County, which we also are optimistic about. PATH
has the opportunity to appeal the Planning Commission's decision to the
Board of County Commissioners, but local folks tell me they are likely
to uphold the decision. Thanks to everyone who worked for this great result!
Elena Saxonhouse
Staff Attorney
Sierra Club Environmental Law Program
85 Second St., 2nd Floor
San Francisco, CA 94105
(415) 977-5765
(415) 977-5793 (fax)
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