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Fairfield, CT

Fairfield Files Appeal Against Connecticut Siting Council Decision on Monopoles

Fairfield, CT - The Town of Fairfield has officially filed an appeal in Superior Court challenging the legality of the Connecticut Siting Council’s decision dated February 16, 2024, granting United Illuminating (UI) a Certificate of Environmental Compatibility and Public Need for the construction of overhead transmission lines along a new route to the north side of Metro-North train tracks, entitled the “Hannon-Morissette Alternative.” The appeal comes after months of Siting Council hearings where the Town and other impacted intervenors repeatedly raised concerns about UI’s plan to install massive monopoles on the south side of the Metro North train tracks and challenged whether there was any need at all for this project. 

Throughout the proceedings in Docket 516, the Town argued that UI’s southern overhead design would have caused devastating impacts to the environment and precious religious, cultural, historic and scenic resources in the Town of Fairfield. The Town’s arguments prevailed before the Siting Council, as not one Council member voted in favor of UI’s southern overhead design. However, on February 16, the Council instead approved the Hannon-Morissette Alternative, a double-circuit overhead route to the north side of the tracks. The Council approved this route even though UI never presented a design for that option, and even though UI stated that siting its transmission lines to the north was not viable. 

The Town’s appeal raises two main arguments. First, the Town argues that the Siting Council violated its statutory obligation to balance the supposed need for the project with the environmental impact of a route to the north of the railroad tracks. Indeed, UI never submitted any evidence of impacts on the properties abutting the north of the tracks, thereby making it impossible for the Council to engage in this required balancing. Second, the Town argues that the Siting Council violated due process as none of the abutters on the north side of the railroad tracks had any notice of the Hannon-Morissette Alternative, and therefore were deprived of the ability to exercise their right to participate in the hearing and contest this potential route. The Town was also denied its due process rights to contest the merits of the Hannon-Morissette Alternative, as UI never presented a design for this route to the Council. The Town asks the Court to render a judgment vacating the Council’s decision.

Because UI never submitted a design of the Hannon-Morissette Alternative, the Town has no information as to what the pole heights will be, where they will be located, and what the potential impact will be to property owners on the north side of the tracks, including whether UI would require permanent easements over private and Town-owned property. 

The Town of Fairfield remains steadfast in its commitment to protect the rights of its residents. 

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Submitted by Lisa Clair

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