Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Real Estate Attorney
    • John F. Hayes, Attorney
    • Terrie Harman, Attorney
    • Jim Soucy, Attorney
    • Marissa Schuetz, Attorney
    • Michael D. Cameron, Attorney
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates
You are here: Home / General / How Northern Pass Appeal of State Citing Decision Works

How Northern Pass Appeal of State Citing Decision Works

On May 15, 2019, the New Hampshire Supreme Court will hear oral arguments in the appeal of Northern Pass. The New Hampshire Site Evaluation Committee (“SEC”) denied the application to build the 192-mile electric transmission line across the state from the Canadian border down to the Massachusetts border in February, 2018. Each side will get 50 minutes to present their argument for or against the decision by the SEC, the Court will then determine if the SEC decision was proper and either uphold the decision or remand, meaning return, the case to the SEC for re-evaluation.

The SEC application is a capstone of the numerous permits and reviews that must occur when an energy project is proposed. Comprised of the commissioners of five State agencies and a pool of five members of the public, the SEC reviews a proposed energy project in its entirety to determine a number of requirements including applicant’s ability to construct and manage the project, the project will not unduly interfere with regional development, will not have unreasonable adverse effects on “aesthetics, historic sites, air and water quality, the natural environment, and public health and safety”, and the project will serve the public interest. RSA 162-H:16, IV. Below is the statutory timeline of an application to the SEC, based on a hypothetical project intended for submission in December, 2019.

 

Item Statutory Timeframe
RSA 162-H
Date Notes
Publication of notice of Public Information session At least 14 days prior to session October 19, 2019 Notice must be published in newspaper with regular circulation in each county
Provide notice of Public Information session to each municipality where project located At least 14 days prior to session October 19, 2019 By first class mail
Provide notice of Public Information session to SEC At least 10 days prior to session October 23, 2019 Also provide proof of publication
Public Information session At least 30 days prior to filing November 2, 2019 At least one session in each county that will be affected by the project; session must be transcribed and transcript shall be included in application
Application filed with SEC None December 2, 2019 Must comply with RSA 162-H and Site 301
SEC accepts or rejects application Within 60 days of filing January 31, 2020
Second Public Information session Within 45 days after acceptance March 16, 2020 Depends on date of acceptance; At least one session in each county; same notice requirements as first session; SEC acts as presiding officer
Joint Public Hearing with SEC Within 90 days after acceptance April 30, 2020 Depends on date of acceptance; At least one session in each county; same notice requirements as info sessions except SEC sends notice to municipalities; SEC members present
Final decision on merits Within 365 days after acceptance January 30, 2021 Depends on date of acceptance

Filed Under: General Tagged With: Northern Pass, Site Evaluation Committee

The above information is for informational purposes only and does not constitute legal advice.

Important Registry Updates
Important Court Updates

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.
Allobar Strategies

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates

NH Real Estate Law Articles

  • Court Updates
  • Covid-19
  • Estate Planning
  • General
  • Legislation
  • New Hampshire Property Tax Alerts
  • Property Investments
  • Property Tax Law
  • Real Estate Law
  • Road Law
  • Taxes

Recent News Letters

March 2020

December 2019

November 2019

October 2019

August 2019

July 2019

May 2019

Recent Articles

March 1 is the Deadline to Request a Refund of New Hampshire Property Taxes

March 1, 2021 is the deadline to challenge your 2020 real … [Read More...]

NHPVRTA SUBMITS DRAFT OF NEW BILL ON PRIVATE ROADS TO THE NH SENATE

New Hampshire Private Road Taxpayers Alliance (NHPVRTA) is a … [Read More...]

Understanding Commercial Site Planning in New Hampshire

Obtaining a rezoning of property to a commercial zoning … [Read More...]

Penn Central Regulatory Takings Claims in New Hampshire

State and local government entities have the ability to use … [Read More...]

Article Archives

  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • October 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • June 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • September 2014
  • August 2014
  • June 2013
  • February 2012
  • December 2011
  • May 2011
  • July 2010
  • December 2005
  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2021 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC

Sign up to receive our FREE Road Law Guide

Everything you need to know about navigating public and private road laws in New Hampshire.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.