Friday, March 21, 2008

Transportation Corporation Law (TCP)

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

NYRI would use this law for authority and power to build their transmission line. See Article 2, 11 (powers). This law was modified right before Pataki left office. The wording is "atypical". See below:

7. Subdivisions three and three-a of this section shall not apply to any merchant transmission company which: (a) commences and ends in the state of New York; (b) through its employees, agents, representatives, or assigns, has represented in testimony that the construction of such power transmission lines will increase electric rates in any part of the state; and (c) which applied for and did not receive an early designation as a national interest electric transmission corridor under an act of congress commonly known as the Energy Policy Act of 2005.

Number 3 says that consent of the local municipality is required (see below). Could it be that our local municipalities actually have a choice, or did Article VII take that choice away?

3. An electric corporation and a gas and electric corporation shall have power to generate, acquire and supply electricity for heat or power in cities, towns and villages within this state, and to light the streets, highways and public places thereof, and the public and private buildings therein; and to make, sell or lease all machines, instruments, apparatus and other equipments therefor, and for transmitting and distributing electricity, to lay, erect and construct suitable wires or other conductors, with the necessary poles, pipes or other fixtures in, on, over and under the streets, avenues, public parks and places in such cities, towns or villages, with the consent of the municipal authorities thereof, and in such manner and under such reasonable regulations, as they may prescribe.

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