PPH - Defense rests on day 6 of trial over fate of CMP corridor

April 18, 2023

BY TUX TURKEL STAFF WRITER

EXCERPTS

The landmark trial that could decide the fate of the $1 billion New England Clean Energy Connect power line moved closer to a climax on Tuesday after the defense rested its case. Closing arguments are scheduled for Wednesday, followed by an anticipated verdict from the nine-member jury.

The jury on Tuesday heard from the trial’s final three witnesses. Hammering away at a common theme, defense attorneys asked questions aimed to establish a link between the project’s accelerated construction schedule and efforts by NECEC executives to gain vested rights for the project, which is backed by Central Maine Power. Those rights would allow NECEC to legally proceed with the project despite a 2021 law aimed at killing it............

.............But during cross examination, one of Avangrid’s attorneys, Jeffrey Russell, sought to put these correspondences in a different context.

He produced documents from late 2020 to show Cianbro was aware that NECEC might be asking for an earlier start date. The statements about not being productive reflected Franceschi’s frustration with having to change plans and work out of sequence....................

....................The presence of NextEra and Hydro-Quebec opened a window to a side issue that has had little visibility during the six-day trial, but is significant. Both companies have much at stake in the outcome, but for different reasons.

NextEra is a Florida-based utility company that now owns the Seabrook nuclear plant and would be hurt by the use of less-expensive Canadian power from NECEC. H.Q. Energy Services, the American arm of Hydro-Quebec, is eager to supply the power and earn a hefty profit. NextEra spent roughly $20 million to help project opponents prevail in the campaign to pass Question 1, the 2021 referendum. Hydro-Quebec spent roughly $10 million in the failed attempt to defeat the ballot initiative.

The NECEC project would have a capacity of 1,200 megawatts, enough power for 1.2 million homes. Paid for by Massachusetts utility customers, the power line would help lower electricity prices in New England by introducing a new source of round-the-clock hydroelectricity from Quebec, according to the Maine Public Utilities Commission. The agency granted the initial go-ahead permit in 2019.

https://www.pressherald.com/2023/04/18/defense-rests-on-day-6-of-tr...

Defense expected to call final witnesses in trial over western Maine power corridor

Maine Public | By Steve Mistler
Published April 18, 2023 at 6:41 AM EDT

The jury trial that could revive a $1 billion transmission project through western Maine resumes Tuesday as the Maine Public Utilities Commission resumes its defense against Central Maine Power's parent company.

Avangrid, the owner of the New England Clean Energy Connect, is attempting to convince the nine members of the jury that it spent and constructed enough to make a vested rights claim that could invalidate voters' decision to halt the project in 2021.

Attorneys for the PUC and intervenors for the defense have attempted to establish that project developers rushed construction to make that vested rights claim in anticipation of the referendum.

They have called witnesses associated with the project who were not used by the plaintiffs.

The defense is expected to complete its case Tuesday, setting up closing arguments Wednesday.

Jurors will then receive specific instructions from Judge Michael Duddy as to what they should consider before making their ruling.

https://www.mainepublic.org/business-and-economy/2023-04-18/defense...

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