Tags Posts tagged with "LIPA"

LIPA

The Northport power plant. File photo

Huntington’s elected officials are calling for changes to the structure of Long Island Power Authority despite being engaged in mediation with the utility company.

Huntington Town Board unanimously decided to send a message urging New York State Gov. Andrew Cuomo (D) and the state Legislature to enact the Long Island Power Authority Ratepayers Protection Act at its Nov. 8 meeting. The legislation, if passed, would require eight out of the utility company’s nine board members to be elected by public vote, among other changes.

“It is in the best interest of Town of Huntington residents to have a LIPA board that is elected by and answers to the ratepayers.

— Nick Ciappetta

“It is in the best interest of Town of Huntington residents to have a LIPA board that is elected by and answers to the ratepayers,” Town Attorney Nick Ciappetta said.

The bills were first introduced to the state Legislature in February 2017 by Sen. Kenneth LaValle (R-Port Jefferson) and Assemblyman Fred Thiele Jr. (D-Sag Harbor), co-sponsored by a coalition including state Assemblyman Andrew Raia (R-East Northport).

“I’ve been calling for the election of LIPA trustees forever, ever since there was a LIPA,” Raia said. “The best way to control our electric rates is to make LIPA trustees elected.”

Currently, LIPA’s nine-member board of trustees consists of five individuals appointed by the governor, two selected by the president or majority leader of the state Senate, and two chosen by the speaker of the Assembly.

The proposed ratepayers protection act calls for the state Legislature to create eight districts roughly equal in population based on the last U.S. Census, by May 1, 2019. A resident of each district would be elected to LIPA’s board to serve a two-year term as trustee, with the first elections to be held in December 2019. Candidates on the ballot would not be chosen by the political parties. Those elected to the board would not be paid, but could be reimbursed from the state for their related expenses, according to the draft of the bill.

In addition, proposed legislation would require LIPA to hold public hearings before making future rate changes, give residents 30 days advance notice of the hearing, and hold the event in the county it affects — Suffolk or Nassau. It would prohibit the utility company from increasing its rates to offset any losses from energy conservation efforts.

“It would make LIPA a whole lot more accountable than they are now,” Raia said. “Without a doubt.”

The best way to control our electric rates is to make LIPA trustees elected.”

— Andrew Raia

The legislation, despite being proposed in 2017, has not made it out of committee to a vote before either the state Assembly or Senate, according to the Legislature’s website.

No action can currently be taken on the legislation, though, as the state Assembly’s 2018 session ended in June. There are no plans to reconvene before year’s end, according to Raia, particularly with midterm elections flipping the state Senate to Democratic control. The bill cannot be enacted by Cuomo without getting the legislative body’s approval. Raia said he suspects Huntington’s elected officials are hoping the governor will consider working it into his 2019 budget, which is currently
being drafted in Albany.

“I’m not the biggest fan of putting policy into the state budget, but many times it’s the only way to get things done,” he said.

Huntington Town officials had no further comment on the timing of the message. Mediation pertaining to the value of the Northport Power Station between the town, Northport-East Northport school district, LIPA and National Grid is ongoing, according to Ciappetta, as he anticipates the next mediation session before the end of November. The tax certiorari lawsuit’s next date in court is Dec. 5.

Port Jeff resident Dom Famularo and Mayor Margot Garant discuss important issues to the village during its new video series. Image from PJV Facebook

Port Jefferson Village is facing an array of issues threatening to upset the status quo in both the near and long term. To help in keeping taxpayers informed on the important set of circumstances likely to impact property taxes and other aspects of daily life in Port Jeff, village Mayor Margot Garant will appear in a series of videos to be released on the village’s website and Facebook account called “Port Jeff Update with Mayor Garant.”

The conversations feature Garant and village resident Dom Famularo in a one-on-one setting responding to questions sent in by members of the public. The first video, released Oct. 16, tackled the village’s tax certiorari legal battle with Long Island Power Authority and the impact an impending settlement will have on villagers’ property taxes going forward, which the mayor dubbed “LIPA 101.”

Garant said the goal of the new communications was to provide her the chance to address the community directly in an uninterrupted fashion, giving her the ability to inform the public on the issues and address misconceptions she said she regularly sees on social media and in conversations.

“The internet right now doesn’t give you the opportunity to have that sort of exchange and people were asking lots of questions,” she said in an interview. “I was trying to figure out, do I like a town hall setting? And I was like, the town hall setting is still not going to give me the opportunity to control the conversation. And I think that might sound egotistical to a certain extent, but the issue is I just want the whole thing on the table.”

In the video, Garant said the village entered into a settlement agreement with LIPA in April to establish a gradual reduction of the amount of money the utility pays in property taxes based on the assessed value of its Port Jeff based plant. The legal cases are based on LIPA’s contention its plants are over-assessed based on decreasing energy demand. Garant said the village is essentially waiting to sign the paperwork to finalize the settlement, as LIPA continues analogous cases with the Town of Huntington and Northport-East Northport School District which is holding up the official completion of the village and Brookhaven Town’s agreed-in-principle settlements.

The Mayor added that about $3.2 million of its roughly $10 million annual operating budget comes from LIPA, and as part of the agreement that number will be cut in half gradually over an eight-year span. As a result, village residents should expect their Port Jefferson Village property tax bill to increase incrementally during that span. Garant said the village is planning to establish a calculator tool for residents to enter in their own pertinent property tax information which will illustrate how much individuals should expect their taxes to go up.

The first video is about 11 minutes long and as of Tuesday afternoon had nearly 2,000 views on Facebook. Garant said Famularo was selected as the other party for the conversations because of his personality, presence and grasp of the issues.

“I decided to get involved so I could assist with clarifying information and prevent social media rumors,” Famularo said in an email, adding he has been a member of the village’s parking committee for eight years and has never shied away from getting involved. “I did not want to just be that person that is not involved and complains … I am honored to sit with the mayor and have time to ask pertinent questions so all PJ residents can hear and be educated in the tasks at hand. We all need to be involved and take an active role.”

Garant said the next video will address efforts to revitalize upper Port Jeff Village and will be released in the coming days. The videos can be accessed by visiting www.portjeff.com or by typing “Port Jefferson, NY” into the search bar on Facebook.

Port Jeff Superintendent Paul Casciano and board President Kathleen Brennan. File photos by Alex Petroski

By Alex Petroski & Sara-Megan Walsh

Port Jefferson and Northport-East Northport school districts, as well as the Town of Huntington, were dealt a blow in the legal battle against Long Island Power Authority in August. But, it doesn’t mean they are going down without a fight.

Port Jeff board of education voted unanimously — 6-0 with board President Kathleen Brennan absent — during a Sept. 24 special meeting to file an appeal of New York State Supreme Court Justice Elizabeth Emerson’s Aug. 16 ruling that LIPA “made no promises” to the Town of Huntington, Northport-East Northport and Port Jefferson school districts not to challenge the taxes levied on its power stations.

Huntington Town Attorney Nick Ciapetta said the municipality formally filed its appeal of Emerson’s decision the following day, Sept. 25.

The judge’s ruling dismissed the third-party lawsuits brought forth by Huntington and the two school districts which alleged LIPA broke a promise by seeking to reduce the power plant’s taxes by 90 percent. The resolution passed by Port Jeff school board authorized its legal counsel, Ingerman Smith, LLP, to file the appeal.

“We do think her decision was incorrect, and clearly we do recommend that the board consider filing a notice of appeal in this proceeding,” said attorney John Gross of Ingerman Smith, LLP, prior to Port Jeff’s Sept. 24 vote.
Northport-East Northport’s board trustees had previously voted to pursue an appeal at their Sept. 6 meeting.

Gross, who has been hired to represent both Northport and Port Jeff schools, said the districts

will have six months to perfect appeals. During this time, the districts’ legal team will prepare a record including all exhibits, witness depositions, and information gathered from the examination of about 60,000 pages of documents. He said a brief outlining the  legal arguments against Emerson’s decision will be crafted prior to submitting the appeal.
LIPA will be given several months to prepare a reply, according to Gross, prior to oral arguments before a four-judge panel in New York State Appellate Division of the Supreme Court. Further appeals are possible following that decision. Gross said the process could take more than a year.

Meanwhile, Huntington Town, Northport-East Northport school district, LIPA and National Grid have agreed to pursue non-binding mediation relating to the case, which begins Sept. 26. Gross said while Port Jeff is not a party to the mediation, it will be monitoring the outcome because the process could establish a pattern of resolution for its case. He also said the district can withdraw its appeal at any time, but once that occurs it cannot rejoin the process.

“Legal actions taken by the Town [of Brookhaven], [Port Jefferson] Village and school district to generate an equitable solution to the LIPA tax assessment challenges are intended to protect its residents and children against exorbitant property tax increases; especially in a very short interval of time,” Port Jeff school district said in a publicly released letter Sept. 12 prior to passing a resolution authorizing the appeal. “Please know, that the district fully understands that the decision about engaging legal counsel is one to be made with great care, as it always carries a financial implication while never guaranteeing a verdict in one’s favor.”

by -
0 534
The Port Jefferson Power Station may soon be repurposed. Photo by Alex Petroski

The Village of Port Jefferson is soon putting a lengthy legal battle with Long Island Power Authority in its rearview mirror, though the future of the property that houses Port Jefferson Power Station is still on the road ahead.

Bob Foxen, chief executive officer of Global Common LLC, a company dedicated to establishing energy partnerships and projects beneficial to its clients, was contracted by the village to study alternative future uses for the site. He presented options to the village board of trustees during a brainstorming session at a public meeting Sept. 17.

“I guess the goal is to try, to the degree possible, to make the people of Port Jefferson whole, or close to whole, assuming they lose some tax revenue,” Foxen said during his presentation.

Village Mayor Margot Garant expressed an interest for the village to formulate a plan of action for the site.

“Once we have our tax grievance settlement behind us, or we know that we’re at kind of a pause, the next question is ‘Now what?’” she said. “We want to advocate for a repurposing of the site to keep us viable on the grid.”

The village is among the municipalities preparing to imminently announce settlement terms with LIPA to resolve near-decade-long litigation regarding the property tax assessment of the plant, which the utility has argued is too high based on decreasing energy demand. Port Jeff has advocated for the refurbishment and repowering of its baseload plant to update its decades-old technology and to justify the property’s tax assessment.

By 2027, the power purchase agreement between LIPA and National Grid expires, and to resolve the tax certiorari challenges, LIPA negotiated with the village a nine-year “glide path” for tax revenue reductions to coincide with the agreement expiration, according to village attorney Brian Egan. The glide path includes gradual percentage reductions in assessed valuation on the property, deeming baseload repowering an unlikely future outcome. In addition, Caithness Energy LLC’s 2014 plans to construct a new 600-megawatt plant in Yaphank were revived temporarily by Town of Brookhaven’s town board this past summer, though the expiration of the company’s special-use permit for the site has put the plans back in doubt. If constructed, the Yaphank plant would further cloud the future of the Port Jeff plant.

Foxen admitted the options he brought ready to present during the meeting were dependent on Caithness II never getting off the ground, an outcome that is very much in doubt. The options also consider New York Gov. Andrew Cuomo’s (D) stated goal from 2016 that 50 percent of the state’s power come from renewable sources by 2030.

The consultant suggested turning the site into a 200- to 300-megawatt plant powered by peaking units or smaller energy generation systems capable of firing up only in times of high demand, as its best option. The units operate using gas or liquid fuel, though they are viewed as efficient supplements to renewable energy sources like wind and solar, which can’t handle demand on their own.

“I think it does help support renewables,” Foxen said of peaking unit plants, adding that financing the work needed to repurpose the site in this way would be hard to establish without a new power purchasing agreement with LIPA. Village officials are set to meet Sept. 20 with representatives from private Finnish company Wartsila to discuss the feasibility of installing peaking unit technology at the Port Jeff plant.

Foxen’s other brainstormed options included establishing the village as a municipal electrical utility, meaning it would assume control of energy distribution from the plant to customers to power homes, though he called the option costly and time consuming; and taking over energy distribution and limiting it to private customers at a reduced rate for businesses in specific industries that have high-energy demand, like data storage centers, for example, which could even be housed on the vacant site.

“It would be kind of an interesting magnet for a data center or somebody like that — saving money on energy might be a draw,” Foxen said.

File photo

Huntington Republicans have filed petitions seeking to add an additional party line next to their name on ballots this November.

Suffolk County Board of Elections confirmed that petitions were received seeking to create a Stop LIPA party line, a move conducted with the hope of capitalizing with voters on Long Island Power Authority’s ongoing legal battle with the Town of Huntington over the Northport Power Station.

We need to send the loudest message we can to Gov. [Andrew] Cuomo. What better way to send a message than to have those who are concerned voice this at the polls.”

— Andrew Raia

“This is a major issue with us losing a major decision in court,” New York State Assemblyman Andrew Raia (R-East Northport) said. “We need to send the loudest message we can to Gov. [Andrew] Cuomo. What better way to send a message than to have those who are concerned voice this at the polls.”

Raia referenced the decision made by Judge Elizabeth Emerson Aug. 16 that dismissed the third-party beneficiary lawsuits brought forth by the Town of Huntington and Northport-East Northport school district in which the judge found LIPA made no promise not to challenge the tax-assessed value of the Northport plant. 

Raia is one of four political candidates who obtained the 1,500 signatures needed to petition for a Stop LIPA ballot line. The three Republicans who joined him are: Jeremy Williams, challenger for the state’s 10th Assembly District; Jim Leonick, candidate for Huntington town council; and Janet Smitelli, campaigning to be Huntington’s receiver of taxes.

Leonick, who previously ran for Huntington’s board in 2017, said he believes LIPA’s lawsuit against the town should be one of the leading issues this election cycle. In campaigning, the candidate said he feels residents haven’t been kept well informed on the situation and need leadership not simply willing to oppose LIPA, but also to consider alternative solutions.

You are taking a serious issue and you are creating political fodder with it.”

— Joan Cergol

“They haven’t all been open to other methods of addressing the LIPA situation,” Leonick said. “Such as eminent domain or a [British thermal unit] tax. I’m open minded and I think we need to broaden our defense.”

Smitelli could not immediately be reached for comment on her petition to obtain a Stop LIPA party line on the ballot.

Huntington Councilwoman Joan Cergol (D), appointed to her seat earlier this year and running for a full term against Leonick, called Republicans’ effort to create a Stop LIPA line deceptive.

“You are taking a serious issue and you are creating political fodder with it,” she said. “For him to try to create a Stop LIPA line with his name next to it is basically false advertising.”

The councilwoman said both eminent domain and the energy tax have been discussed, but were measures not supported by Republicans in town government. She said having sat through executive sessions with Huntington’s attorney on the matter, she has gained greater knowledge and insight of the issues that have shaped her decisions and public statements. 

“What makes [Leonick] more dedicated or committed to fighting LIPA’s reassessment than me?” she asked. “He didn’t call me up. He doesn’t know.”

They’re just sorry they didn’t think of it first.” 

— Jim Leonick

Cergol accused Republicans’ canvassers of being deceptive when soliciting signatures for the Stop LIPA petitions, claiming residents thought they were signing a petition to stop the utility company from having the plant reassessed.

“We made an effort to ask volunteers to explain to people exactly what they were signing,” Leonick countered. “We did not do this to be deceptive.”

Suffolk Board of Elections officials said anyone who objected had three days to file a general objection, with six more days to file specific lists of objections. Cergol said her campaign has filed notice of objection with attorneys working on drafting a more specific list of legal objections to be submitted later this week.

“They’re just sorry they didn’t think of it first,” Leonick said.

by -
0 377

We get it — if you read our newspapers or just about any other media that cover Long Island, you’ve heard enough over the past decade about the legal battles going on between several school districts and townships versus Long Island Power Authority.

If you feel like you’re on LIPA overload, we have some significant news — a major development occurred in the cases last week. A New York State Supreme Court judge determined that the 1997 Power Supply Agreement between National Grid, which owns the power plants, and LIPA, which transmits that electricity to customers, did not contain any language, or “promise,” that prevented the utility companies from seeking to have taxes they pay on the power stations reduced.

The good news is this decision may signal there’s a light at the end of the tunnel to this endlessly drawn-out court battle. We fear the positives may end there.

LIPA has said that its intention in filing these lawsuits is to be able to reduce energy bills for its customers, as it hopes to pay out less in property taxes. On its face, the company’s goal appears to a good thing for residents of Huntington and Brookhaven townships, who will likely see a reduction in their monthly electrical bills should LIPA be victorious, except for the residents in Northport and Port Jefferson, who will see a property tax increase. These odds seem an increasingly likely fact in recent weeks as courts have ruled twice  in LIPA’s favor.

However, these legal battles have been waged for nearly a decade, racking up what we can only imagine are substantial legal bills from lawyers hired to represent the municipalities and the school districts involved. Then adding in fees paid for a third-party mediator when sit-downs begin in September, we find ourselves asking, “At what cost?”

We hope to find out just how much taxpayers’ money has been spent on legal fees for the duration of the saga, so keep an eye out for that. And for what? The “Hail Mary” play that a court would determine the 1997 PSA had implied a legally binding promise that LIPA wouldn’t seek a reduction in its property taxes.

It was such a risky play for Brookhaven Town and Port Jefferson Village that those two municipalities have agreed to settle the cases out of court to avoid exposure to the risk of years of back pay should the issue actually end up in a trial loss for the two entities. Still, why did it take Brookhaven and Port Jeff until 2018 to finally reach a settlement while legal fees kept accruing?

All of this can also be looked at against the backdrop that New York Gov. Andrew Cuomo (D) has set a goal for 50 percent of the state’s energy to come from renewable sources by 2030. Who’s going to pay for the solar and wind producing plants necessary, for example, to get on track in reaching that goal? We don’t think we’re going out on a limb in speculating that at least some of that cost will fall on LIPA’s customers.

While we’d like to think we’re inching closer to a day when we no longer have to report on legal issues pertaining to LIPA, a positive resolution for all stakeholders is going to take significantly more work. In reality, it should have been resolved long ago.

The Northport power plant. File photo

Long Island Power Authority has won the latest battle against the Town of Huntington in the lengthy legal war over Northport Power Station’s value.

New York State Supreme Court’s Appellate Division has reinstated LIPA’s right to pursue a lawsuit against the Town of Huntington regarding the amount of taxes levied against the Northport power plant, reversing a September 2015 decision made by a lower court. A panel of judges ruled Aug. 8 LIPA does have legal standing to be a plaintiff in the 2010 lawsuit it filed jointly with National Grid.

“We believe the appellate court’s decision is correct.”

— Sid Nathan

“We believe the appellate court’s decision is correct,” LIPA spokesman Sid Nathan said. “We remain committed to reaching a fair settlement for both the local communities and our 1.1 million customers to put an unsustainable tax situation back on a sustainable path.”

In September 2015, state Supreme Court Justice John Bivona issued a decision dismissing LIPA’s standing as an initiating plaintiff in the tax certiorari case, since National Grid — and not LIPA — is the owner of the plant. Bivona had written that while LIPA believed its financial interests are adversely impacted by a wrongly overstated assessment of the power plant, “the result is still remote and consequential and certainly does not constitute a direct loss because the property taxes levied upon the Northport Power Station are actually and directly paid by National Grid Generation LLC.”

LIPA filed an appeal of Bivona’s decision in 2015. The utility has asserted while National Grid does own the power plant, the station is under contract with LIPA. Under the contract, LIPA is required to pay all costs to run the power plant — including the $80 million in annual property taxes to the Town of Huntington — and provide necessary fuel, for which in return it receives all electricity generated for its customers.

The utility company claims that its costs to operate the Northport Power Station including the taxes on it exceed the total revenue, resulting in LIPA referring to it as a “significant burden to LIPA’s customers.”

We’re reviewing the order from the appellate division and we’re considering an appeal.”

— Nicholas Ciappetta

With LIPA’s legal status reinstated as a party of interest on the tax certiorari case, the issue of the property tax-assessed value of the power plant could proceed to trial.

However, Huntington Town Attorney Nicholas Ciappetta has said he plans to carefully review the appellate court’s decision.

“We believe this has been wrongly decisioned,” Ciappetta said in a statement. “We’re reviewing the order from the appellate division and we’re considering an appeal.”

This latest legal decision comes less than a month after Huntington voted July 17 to hire a neutral third-party mediator, Marty Scheinman, in an attempt to reach a resolution with LIPA, National Grid and Northport-East Northport school district. The town agreed to pay Scheinman $1,150 an hour in addition to covering all out-of-pocket expenses, such as transportation and a one-time administrative fee, the total bill will be split among all parties in the mediation. 

Mediation has not yet started, but the first session is slated for Sept. 26, according to Chiappetta.

Update: Additional information was added to further clarify that the town will be splitting the costs of the third-party mediator. 

Huntington Town Hall. File photo by Rohma Abbas

As the Town of Huntington is entrenched in a lengthy legal battle with Long Island Power Authority, its elected officials are looking to reduce its dependency on fossil fuels and move to sources of renewable energy.

Huntington town board unanimously agreed to apply for a $62,500 grant from New York State’s Climate Smart Communities Grant Program at its July 17 meeting. If the funding is approved, the town will move forward with a study of its current energy use and how to transition to using more renewable energy resources.

There is a nationwide movement of towns pledging to go renewable by 2050 and we want Huntington to be one of those towns.”

– Jenny Strandberg

“There is a nationwide movement of towns pledging to go renewable by 2050 and we want Huntington to be one of those towns,” Jenny Strandberg said.

Strandberg is one of many Mothers Out Front, a grassroots community organization pushing for a transition to 100 percent clean and renewable energy, who asked Huntington officials to move forward with the study and renew their pledge to protect the environment.

“If everyone on the planet lived like the average American, you would need five planets,” said Jennifer Browns, a professor of sociology of LIU Post and Mothers Out Front member. “We need a commitment to 100 percent renewable energy and we need it now.”

Huntington first adopted the state’s Climate Smart Communities pledge in 2012. By taking the pledge, the town made several promises to its residents including trying to “decrease energy use” and “build a climate-smart community.”

Supervisor Chad Lupinacci (R) said in order for the town to become Climate Smart Community certified, it would need to hire a consultant to perform a Government Operations Greenhouse Gas Inventory to
assess what emissions its producing, a 100 percent Renewable Energy Feasibility Study and then a Capital Phase-In Plan to determine and set a schedule to meet the town’s greenhouse gas reduction goals. The estimated cost for those steps is approximately $125,000, according to Lupinacci. The town is seeking funding for half through the state grant.

“The sooner we get it in, the more we can beat people to the top of the line to make sure we show our commitment and we are ready to roll on it,” Lupinacci said.

Let me state clearly, it is LIPA’s policy to transition to renewable energy 50 percent by 2030.”

– Peter Gollon

The program requires the town provide 50 percent matching funds, for which it will pull $62,500 from the its Environmental Open Space & Park Fund Review Advisory Committee’s Green Project Fund. The committee has already approved the project.

Both East Hampton and Southampton townships on the East End have already become Climate Smart Communities certified by going through this process, according to Huntington resident Tara Kotlia. She said she would like to see the Town of Huntington become the third.

Peter Gollon, a Huntington resident and board trustee for Long Island Power Authority, said if Huntington moves forward with the study and transitions to renewable energy, it would bring the town more in line with the utility company’s long-term vision.

“Let me state clearly, it is LIPA’s policy to transition to renewable energy 50 percent by 2030,” Gollon said.

He stressed that LIPA and the power  companies will continue to push renewable energy as the future, and encouraged the town to do the same.

“It’s clear different communities must engage, set examples for each other and move toward clean energy, renewable energy as soon as possible,” Gollon said. “Huntington must continue to be a leader

Brookhaven Supervisor Ed Romaine and the town board have taken steps that would allow the construction of a power plant in Yaphank, complicating the status of Port Jefferson's LIPA-run plant. File photos by Alex Petroski

It’s one step forward, two steps back for Caithness Energy, LLC in Brookhaven.

After securing a win in its efforts to advance the construction of a 600-megawatt power plant in Yaphank earlier this month, Caithness Energy LLC, an independent, privately held power producer informed by Brookhaven Town its special use permit for the site expired July 15.

The special use permit, initially approved in 2014,  granted Caithness permission to build a power plant on the site, according to Town Attorney Annette Eaderesto. It was granted for two years and  one-year extensions were approved twice, which is the limit under town law.

“We’re looking into it, but believe it has no bearing and we look forward to the next steps before the Planning Board,” Caithness President Ross Ain said in a statement.

The possibility that the permit might have expired was first raised by Councilwoman Valerie Cartright (D-Port Jefferson Station) during a July 12 meeting. She abstained from voting on a motion to lift a restrictive covenant preventing the project’s advancement due to amendments made to Caithness’ original 2014 plans, which included a reduction to the plant’s output capacity and updated technology. The other five councilmembers and Supervisor Ed Romaine (R) voted to remove the covenant.

“They’ll have to file a new application for the special permit and we’ll certainly accept it,” Eaderesto said.
The town attorney noted Caithness still has a pending site plan application before the Planning Board, which would remain as such as a new special use permit is sought.

The proposed project has drawn opposition for its potential environmental impact from groups like Sierra Club Long Island and state Assemblyman Steve Englebright (D-Setauket).

In addition, Port Jefferson Village Mayor Margot Garant has spoken out against the proposal, warning the construction of a second Caithness plant could push her community “off the economic cliff.”

The village has argued a way to make good with Long Island Power Authority over its decreasingly needed plant — and LIPA’s legal contention its Port Jeff plant’s property tax value is over-assessed and has been for years — could be to increase its output capacity. If constructed, the Caithness II plant, which would be built nearby the company’s first Yaphank plant opened in 2009, could theoretically kill plans to repower the Port Jefferson plan, according to the village.

Port Jeff Village and the town have said a settlement is nearing in an eight-year-long legal fight with LIPA, that will likely result in a gradual decrease in revenue from the plant’s property taxes, which help fund budgets for the village, Port Jefferson School District, the fire department and the public library.

Northport school district residents read and fill out letters to state and federal elected officials. Photo by Sara-Megan Walsh

By Sara-Megan Walsh

Northport-East Northport school officials are asking their residents to call on elected officials for immediate help finding a resolution to their seven-year legal battle against Long Island Power Authority.

Northport school district held a call-to-action forum May 30 in which it asked all residents to reach out to their state and federally elected officials to take action in bringing about a solution to the district’s lawsuit against LIPA and National Grid as a June court date looms.

“Our elected officials really need to hear from us,” Superintendent Robert Banzer said. “The more voluminous, the louder, the more persistent we are the more likely they are to listen.”

The more voluminous, the louder, the more persistent we are the more likely they are to listen.”
– Robert Banzer

Hundreds of copies of a form letter addressed to elected officials including New York State Gov. Andrew Cuomo (D), state Sens. John Flanagan (R-East Northport) and Carl Marcellino (R-Syosset), and state
Assemblyman Andrew Raia (R-East Northport) were distributed for residents to sign and mail in to lawmakers. These letters call on elected officials to take action to help aid the school district stave off LIPA, which seeks a 90 percent reduction in taxes — a difference of approximately $56 million down to $8 million paid to the district — before the state Legislature’s sessions end June 20.

“LIPA must be stopped before it is too late,” reads a letter pre-addressed to Raia. “We are seeking your assistance in calling upon the governor to provide immediate assistance in Albany. Action by the governor’s office can stop the imminent harm to us as taxpayers, to our schools, our students and the community at large.”

As the June 11 court date rapidly approaches, Banzer and the Northport school district are pushing state officials to approve what they are putting forth as two possible solutions.

First, would be the passage of pending legislation of state Senate Bill No. S08235, sponsored by Flanagan with co-sponsor state Sen. Ken LaValle (R-Port Jefferson), and its corresponding state Assembly Bill No. A10496, which is co-sponsored by Raia. These bills would lengthen the time frame over which LIPA is seeking to have its taxes gradually reduced from nine years to a proposed 15 years. It would also grant those municipal governments and school districts who lost a tax assessment challenge to LIPA after April 1, 2018, access to the state’s electric generating facility cessation mitigation program, which provides funding to help offset any potential loss of tax revenue. In addition, the town government and schools would be granted the right to create reserve funds specifically for the purpose of reducing the future burden on their taxpayers.

The Northport power plant. File photo

READ MOREHuntington stays on track in LIPA lawsuit despite cries for help 

“It would provide some mitigation of the impact to us,” Banzer said. This would provide a glide path, it would provide a somewhat softer landing should there be a [change in] assessment.”

Northport school officials are also asking residents to directly call on Cuomo and the state Legislature to intervene by directing that LIPA, as a utility company overseen by a state-appointed board, to offer a “reasonable and equitable” settlement offer.

While previous settlements have been declined, Banzer made clear, “we would never say we wouldn’t sit down and have conversation on how to mitigate this.”

On May 9, Northport school district attorney John Gross presented his argument in Suffolk County Supreme Court as to why he believes LIPA should be held to what school officials are calling the “1997 Promise.” Under this promise, school officials allege, LIPA and National Grid agreed not to challenge the annual taxes paid on the Northport Power Station as long as they were not abusively increased over time by Town of Huntington. A decision has not yet been issued by Judge Elizabeth Emerson, despite the June 11 trial date approaching.

We need to continue to put pressure on [Huntington town officials] to speak for us on behalf of the community.”
– Jennifer Thompson

“I think the community needs to communicate with town leadership,” Northport resident Jennifer Thompson said, citing the years Huntington Supervisor Chad Lupinacci (R) served in the state Assembly. “We need to continue to put pressure on them to speak for us on behalf of the community.”

Councilman Gene Cook (R) said he would call for Huntington Town Board to hold a public hearing regarding using eminent domain to acquire the Northport Power Station.

“LIPA has been lying to us,” Cook said.

The councilman claims that LIPA’s assessed value of $193 million for the Northport power plant focuses only on the electricity produced, but does not account for gas lines, cable transmissions or other public utilities that are received from the power station.

“I’m going to fight this,” he said. “I’m going to fight this to the end and I want you to know that.”

Northport taxpayers who are interested in getting in contact with their elected  officials or reading the form letters provided at the May 30 meeting can find them on the district’ website at northport.k12.ny.us/
district/lipa_update.

Social

9,192FansLike
0FollowersFollow
1,124FollowersFollow
33SubscribersSubscribe