Appeals to the NECEC Transmission project are decided by the Maine BEP

July 21, 2022

Today, the Board of Environmental Protection (BEP) decided the appeals filed by the Natural Resources Council of Maine, NextEra Energy Resources, LLC, and a consolidated group of appellants referred to as the West Forks Group of the May 11, 2020, Order of the Commissioner of the Department of Environmental Protection. That Commissioner order conditionally approved the Site Location of Development Act and Natural Resources Protection Act permit application of Central Maine Power Company (CMP) to construct the New England Clean Energy Connect project (NECEC Permit). The Board also decided the Natural Resources Council of Maine appeal of the December 4, 2020, Order of the Commissioner conditionally approving the application of CMP and NECEC Transmission LLC to partially transfer to NECEC Transmission LLC the May 11, 2020, NECEC Order (Transfer Order).

The Board held a meeting on July 20-21, 2022, at which it considered these consolidated appeals of the NECEC Permit and Transfer Order. The Board heard oral arguments from the appellants and the licensees, comments from certain intervenors, and a presentation from Department staff. The Board first considered arguments both in support of and against holding a hearing on the NECEC permit appeals, and ultimately deny the requests for a hearing in reliance on the extensive record of evidence and hearing testimony developed during the licensing proceeding. Following additional deliberation, the Board voted to deny the appeals of the permit decision and adopt the Department staff's proposed Board Order, but added amendments and additional conditions regarding compensation for habitat impacts and decommissioning of the project. The Board affirmed, but modified the Commissioners decisions on the NECEC Permit and Transfer Order. A copy of the signed Board Order, once available, will be posted at https://www.maine.gov/dep/bep/featured.html.

Other administrative and judicial proceedings unrelated to the Board appeals are ongoing.

For additional information, contact: David R. Madore, Deputy Commissioner david.madore@maine.gov or

William F. Hinkel, Board Executive Analyst bill.hinkel@maine.gov