Pennsylvania regulator should not approve Transource power line project, judge says

Amber South
Chambersburg Public Opinion

A judge has recommended that a project to run high-voltage transmission lines through southcentral Pennsylvania not move forward. 

In a ruling last week, Administrative Law Judge Elizabeth H. Barnes advised Pennsylvania's Public Utility Commission to deny key aspects of Transource's Independence Energy Connection Project:

  • Applications seeking approval to begin siting and construction on the two 230 kV lines, which would run on 13-story towers between Franklin County and Washington County, Md. and York County and Harford County, Md. 
  • Applications for Transource to acquire parts of land from 77 owners in both Pennsylvania counties. 

The judge also recommended that the PUC direct Transource to show why it should not lose its certificate of public convenience - a document required to operate as a public utility - stating that the need the project's approval was based on has not been proven. 

The judge cited the congestion costs in the Baltimore-Washington D.C. metro area that the project was designed to alleviate; even without the project, those costs decreased by more than $400 million since 2014, according to the court document. 

"Where the congestion costs at the (AP South Reactive Interface) once represented 25% of the total congestion costs in 2014 of PJM Interconnection, LLC (PJM), that percentage has decreased to a range of 1–4% of total PJM congestion costs experienced per year for the past four years," the judge said. "Additionally, any projected net benefit to the PJM region of $32.5 million over a period of 15 years, is outweighed by a projected increase in wholesale power prices in Pennsylvania by $400 million on a net basis." 

More:Franklin County files to protest Transource power line project

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The judge goes on to state that Transource's claims that reliability issues will occur in 2023 without the project are based on outdated data from 2014. On top of that, the facilities that would be affected are either due for upgrades or are in the process of receiving them. 

If it were to move forward, the Transource project would have "detrimental economic and environmental impacts on real estate values, farming practices, natural springs, trout fishing, an elementary school, the Tim Cook Memorial Cross Country Course, businesses, the Owl’s Club, local government, and tourism in Franklin County," according to the judge's ruling. 

Transource is disappointed in the judge's recommendation and will continue to pursue the regulatory steps to gain approval for the project, said director Todd Burns. 

"The regional transmission operator continues to affirm the importance of this project as it reinforces the electric grid, addresses urgent reliability violations and reduces energy prices in the region currently resulting from transmission congestion. We look forward to a decision from the Public Utility Commission which will take into account all of the benefits this project will bring to Pennsylvania and the region," he said in a statement. 

Locals never supported project

The Transource power line project has attracted disapproval from landowners, municipal agencies, and a variety of organizations since it was first proposed.  Opponents raised concerns about falling property values and harm to the rural environment through which the two power lines would pass.  Stop Transource groups formed in both Franklin and York counties to protest the project.

PJM Interconnect, which manages the electrical grid in 13 Mid-Atlantic states, accepted a proposal in 2016 from Transource to convey cheaper electricity from the west. The plan calls for running 29 miles of transmission lines from Shippensburg to Ringgold, Md., and 16 miles through York County and Harford County, Md.

The Franklin County Board of Commissioners released a statement Wednesday afternoon cheering the judge's recommendations against Transource. Chairman David Keller said the board became actively involved in the case after an investigation showed the power line would "forever change the landscape" in the county but was not necessary. 

More:Transource power line: Even if the project fails, the feds guarantee a profit (editorial)

Commissioner Bob Ziobrowski added: “We heard from the people of Franklin County and the large contingent of property owners that were having their land taken for this project and felt compelled to get involved and join others opposing this project. 

"The Transource project offered no benefits to those who live and work in Franklin County, it would have had a deleterious impact on farmland, historic resources, and was simply in complete contradiction to all that we Commissioners have worked to protect and preserve for future generations as set forth in our County Comprehensive Plan.”

In York County, Stop Transource group members argued that a whole new line was unnecessary because an existing line paralleling the proposed route could be outfitted with new infrastructure. In October 2019, Transource agreed to use existing infrastructure and rights-of-way.

More:Transource opponents: Landscape bought for the price of a cup of coffee

More:7 things to know about the proposed Transource power line

The judge's ruling is not binding. 

The parties have 20 days to file exceptions that raise issues with the recommendations. The judge then has 10 days to respond. The case will then go to the PUC for review. 

Maryland project a go

While the Pennsylvania part of the project still remains in limbo, Transource does have approval to begin building its power lines in Maryland. 

The Maryland Public Service Commission approved the project in July, ruling  "the Maryland portions of the proposed transmission line project, as reconfigured, will address regional congestion issues as well as Maryland and regional reliability needs while reducing the project’s impacts on Maryland’s agricultural, environmental and natural resources."

Amber South can be reached at asouth@publicopinionnews.com.