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LIPA

Northport power plant. File photo

The Town of Huntington presented closing arguments July 30 in LIPA’s tax certiorari case, but the post-trial proceedings are expected to continue into early 2020.

“Even as trial comes to an end, LIPA continues to offer the Town of Huntington the fair settlement accepted by the Town of Brookhaven last year,” LIPA spokesman Michael Deering said in an email. “The offer keeps school tax rates low for the Northport community while lowering energy costs for LIPA’s 1.1 million customers.”

Huntington Town Attorney Nick Ciappetta said in a telephone interview after leaving the Riverhead courtroom that the town had a good day in court.

“LIPA has the burden of proof,” he said. “I think we did a good job showing that their valuation estimates are unjustifiable and off base.”

Unlike jury trials that render a decision after closing arguments, the LIPA case is a bench trial. Decisions are rendered by a judge after post-trial deliberations.

Both LIPA and the Town of Huntington are expected to continue to file post-trial briefs to state Supreme Court Justice Elizabeth Hazlitt Emerson, which can take months, Ciappetta said. After that phase concludes, the judge can also take months to render a verdict.

LIPA states that National Grid’s taxes, which are passed along to Long Island ratepayers, should be 90 percent less than the $84 million that it currently pays to the Town of Huntington for the Northport power plant. LIPA estimates the plant’s tax valuation at $200 to $500 million, while Huntington’s assessed value on the tax code for the site is $3.4 billion.

“I think we did a good job showing that their valuation estimates are unjustifiable and off base.”

— Nick Chiappetta

As a general rule, the presumption is that the town’s tax assessment is accurate, according to the town’s outside attorney Patrick Seely, as stated in the July 30 court transcript.

LIPA’s public campaign on the Northport plant’s assessment relies largely on
comparisons.

“The trial is proceeding as expected, demonstrating that the aging Northport power plant is the highest taxed property in America, more than Disneyland and the Empire State Building combined and is significantly overassessed,” Deering said.

The Disneyland comparison, Ciappetta said, is comparing apples to oranges, since school taxation is calculated differently in different places. 

The case was originally filed in 2011 and the trial pertains only to 2014. Each other year from 2011 to the present is heard separately, Ciappetta said.

If the town loses, it could owe hundreds of millions in tax refunds to LIPA and
National Grid.

LIPA’s legal expenses to challenge the taxes on the Northport plant have cost, from December 2018 to June 2019, a total of $1.2 million. 

The Town of Huntington has so far paid more than $3.4 million, mainly in legal fees, defending the tax certiorari cases and pursuing a third-party beneficiary case against National Grid and LIPA, as reported by town Supervisor Chad Lupinacci (R) in April.

National Grid is a for-profit, shareholder-owned entity based in the United Kingdom. LIPA is a nonprofit state entity.

Ali Mohammed, a financial industry executive, has been appointed to Long Island Power Authority as a trustee. Photo from Ali Mohammed

Ali Mohammed, a financial industry executive, has been appointed to Long Island Power Authority as one of nine unpaid board members charged with overseeing the quasi-governmental agency.

The appointment comes at a pivotal time and in the wake of controversy. The agency has come under public attack after it filed tax lawsuits against Long Island communities in an effort to save money. And as the state transitions to a clean-energy economy, state leaders are looking toward Mohammed and the board for new direction.

“One of my first priorities as a LIPA trustee will be to end LIPA’s practice of reckless tax certiorari lawsuits against communities and school districts,” Mohammed said in a statement. “LIPA must immediately cease all litigation.”, n

Mohammed’s background includes 20 years of experience working in senior leadership roles for major financial organizations, such as JPMorgan Chase & Co., Goldman Sachs and TD Ameritrade.

He’s been involved in restructuring Fortune 500 companies to become more efficient, while lowering costs, according to press releases. The technology sector is also one of his areas of expertise. In June, Mohammed joined Broadridge, a global financial industry analytics company, which has 33 U.S. offices, including one in Lake Success.

“I will work to modernize a board so desperately in need of good governance reforms to ensure LIPA finally starts serving ratepayers best interests,” Mohammed said. “The time has come and gone for LIPA to behave as a responsible corporate neighbor, and I look forward to bring an unequivocally ethical and honest voice to the board.”

Mohammed’s position aligns with many local elected state officials, who have written and/or sponsored bills that aim to counter the potential financial blow to communities and school districts if LIPA’s tax strategies prevail through courts.

“One of my top priorities as a state senator has been to hold LIPA accountable and protect taxpayers,” said state Sen. Jim Gaughran (D-Northport). “For too long LIPA has been a runaway authority, accountable to no one but themselves.”

He thanks Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) for prioritizing Long Island taxpayers through Mohammed’s appointment and applauds her choice.

“I am proud to appoint Ali Mohammed to the Long Island Power Authority board,” Stewart-Cousins said. “Mr. Mohammed’s expertise in transforming organizations will help usher in a new ‘green era’ for LIPA, while at the same time fighting to support ratepayers.”

Mohammed becomes the first Muslim-American to serve on the all-male LIPA board.

LIPA was created in 1986 by the New York State Legislature. In 1998, it acquired the electric transmission and distribution system of the privately owned Long Island Lighting Company, known as LILCO, through a public bailout after the failed Shoreham nuclear project incurred $7 billion in debt.

The nonprofit entity employs 51 full-time staff members, according to LIPA spokesperson Sid Nathan, and manages a budget of $3.6 billion. LIPA holds contracts with National Grid and PSEG Long Island, two shareholder-owned businesses that generate electricity and operate electric services for Long Islanders.

Mohammed was due to attend his first LIPA board meeting July 24.

Aerial shot of the new solar array. Photo from anonymous

After the Izzo family leased their 26-acre Kings Park property to the Town of Smithtown for a landfill during the 1970s, the place was declared uninhabitable. Today, the site is revered as one of Long Island’s largest solar farms.

Izzo family leads Long Island into New York’s green energy future. Photo by Donna Deedy

The 4-megawatt project was showcased on June 20 with a ribbon-cutting ceremony, an event that unexpectedly coincided with New York State’s sweeping new clean energy legislation promising to become carbon neutral by 2050.

“It’s almost like we knew what we were doing,” said Tom Falcone, Long Island Power Authority CEO, who attended the event along with county and town elected officials. The achievement, he said, entailed a cooperative effort. “It took a village, a town, a state and the Izzo family.”

The state’s ambitious new energy plan renders the privately owned Kings Park solar farm a shining new example of what the future may look like with private landowners and non-developable property transformed to serve a public utilitarian purpose.

“It takes a lot of gambling but, wow, was this a good project,” said Paul Curran, founder of Wappinger Falls-based BQ Energy, a company committed to the sustainable redevelopment of environmentally contaminated sites known as brownfields. “Once you see it, people say it makes so much sense.” He expects the site to inspire additional projects. 

Curran first approached the Izzo family with the idea of using their property for a solar site in 2013. RECOM Solar leased the development rights from the family to construct the project. NextEra Energy Resources, which claims to be the world’s largest supplier of renewable energy took over in December 2018, when the site became operational. 

The solar project, which consists of 18,000 solar panels, created 50 jobs, mainly in the construction sector, according to Bryan Garner, NextEra’s director of communications. NextEra signed a 20-year power purchase agreement with LIPA, which will ultimately result in nearly $800,000 in revenue for Smithtown. That’s $33,000 per year for the first 15 years in payments in lieu of taxes and $296,000 in tax revenue for the final five years. 

The project will offset more than 4,500 metric tons of carbon dioxide, the equivalent of removing 800 cars off the road. 

Unlike fossil fuel plants, the facility operates silently and requires very little maintenance. “We check it about four times a year, so it’s maintenance free,” said Aaron Benedict, who monitors the project for NextEra. His cellphone includes an application that remotely monitors the operation 24/7. 

Suffolk County and Smithtown government officials attended the event with Town Supervisor Ed Wehrheim (R) arriving in one of the town’s two all-electric vehicles. 

“We are all in with renewable and clean energy,” he said. The town, he said, expects to systematically transform the Old Northport Road corridor. The roof on its recycling center, which is located near the solar farm, is fitted with 50-kilowatt solar system and has a 10-kW wind turbine. The town is also discussing the development of a solar farm on the closed landfills, which could eliminate the town’s need to purchase electricity, according to Russell Barnett, Smithtown’s Environmental Protection director. Additional town projects are also under discussion and will be considered during the town’s 2020 budget process.

The financial terms of the arrangements between NextEra and the Izzo family remain confidential. 

“This is all about what good this site can do for years to come,” said Robert Izzo Jr, whose family has owned the property for decades.

PSEG reports that 161 MW of its energy supply is generated from renewable projects, mainly solar panels. 

Northport power plant. File photo

One year ago, the Town of Huntington’s board members considered eminent domain proceedings for the Northport power plant as a potential outcome to LIPA’s tax lawsuit against the Town of Huntington.  

A newly released report on the topic, prepared by the town attorney and several other town departments, now suggests the legal obstacles just may be too great for the town to overcome.

“Let’s take it, let’s take it now.”

— Eugene Cook

The report notes that eminent domain proceedings would render the power  plant property exempt from taxes, a situation that would result in the loss of $55 million in taxes to the Northport-East Northport school district.

Town Supervisor Chad Lupinacci (R) found this aspect of the situation to be unacceptable.

“After reading the thorough report prepared by the town attorney, it is my position that eminent domain of the Northport power plant would not be feasible and would actually harm the Northport-East Northport school district, as well as taxpayers in the Town of Huntington, by making the property tax-exempt,” he said. 

Some board members, however, still support the idea of establishing a municipal utility through eminent domain proceedings.

“Let’s take it, let’s take it now,” Councilman Eugene Cook (I) said in a telephone interview. “We can lower taxes; we can reduce energy costs.” 

Cook estimates that the plant will likely be used for another 20 to 30 years, and he said that it may become a more important part of the state’s energy plan when Indian Point nuclear power plant closes next year. He’s undeterred by the report.

The detailed legal and financial challenges outlined in the report cite a range of laws, legal opinions and case law to support its findings.

“There is no doubt that General Municipal Law Section 360 authorizes municipalities to own and operate a power-generating facility,” the report states. “However, the grant of authority in Section 360 is limited.”

A main sticking point: The town can generate electricity for itself and its residents. But using only a fraction of the energy that it generates — and selling the rest to a public utility — is legally questionable. The report based this conclusion on a 1989 legal opinion of New York State’s attorney general, which reportedly states that a municipality cannot own and operate a power plant for the sole purpose of selling power to a public utility.

Using the current situation as an example, the report indicates the Town of Huntington would use approximately 15 percent of the energy generated by the Northport power plant, leaving a surplus of 85 percent. The courts would need to determine whether or not the arrangement would be legally acceptable, as stated in the report. 

Power of the LIPA statute

Town attorney Nick Ciappetta said the town does not need permission to file eminent domain proceedings to acquire the Northport plant, but he added it’s unclear in LIPA’s Power Supply Agreement with National Grid if the town can step into National Grid’s shoes.

Additionally, the LIPA agreement may also prohibit a local municipality from owning, condemning and operating a power plant in any part of the former LILCO’s service area.  

“My focus is on passing legislation that would protect taxpayers across Long Island from LIPA’s nonsensical attempts to destroy communities.”

— Jim Gaughran

“A municipality located within LILCO’s former service area may not establish a public utility service to provide gas or electric power without LIPA’s agreement,” the report states, citing a 1999 attorney general legal opinion.

LIPA spokesman Sid Nathan did not respond to phone calls or questions submitted via email regarding the Northport power plant, but in a May 9, 2018, Times of Huntington-Northport report on the eminent domain proposal, the utility’s spokesperson said that LIPA’s annual $80 million in property taxes for the Northport power plant exceeds its revenue, potentially rendering the decision not in the public’s interest.

If the town board majority remains interested in pursuing the eminent domain option, the next step, as described in the report, would be for the town to hire an accounting firm to analyze the public benefit of operating the power station.  

Financial challenges

The Northport board of education weighed in on the loss and determined that it would have to dramatically reduce staff at all levels, eliminate proposed capital improvements, eliminate extra-curricular and academic offerings and significantly increase class size, among other measures.

“Assuming that the town’s operation of the power plant results in a net profit, there does not appear to be a legal mechanism to make the school district whole,” the report states.

This past spring NY State Sen. Jim Gaughran (D-Northport) introduced legislation (§4452a)that aims to supplement school districts and government entities impacted by LIPA’s tax suit with additional state funds. The bills, though, still require support from the state legislature and Gov. Andrew Cuomo (D).

“I stand fully behind the Town of Huntington in their lawsuit with LIPA and I have led the fight in Albany to protect taxpayers threatened by LIPA’s wreckless lawsuits, introducing and passing bills that would do just that,” Gaughran said. “My focus is on passing legislation that would protect taxpayers across Long Island from LIPA’s nonsensical attempts to destroy communities.”

If Gaughran’s bills pass and the board votes to move forward, the report also notes a majority of town voters would still need to approve a public referendum to acquire the power plant. 

“This would be a tall order as the power plant lies exclusively within the confines of the Northport-East Northport school district and voters outside of that school district might deem such an acquisition too provincial and/or not in their best interests,” the report states.

Paul Darrigo, a Northport resident who has garnered more than 4,500 supporters through a Facebook campaign Concerned Taxpayers Against LIPA, said he is not yet prepared to comment on the complex idea of taking over the power plant through eminent domain. 

The deal, if it gets the green light from board members, the courts and the community, would also be dependent upon the town’s ability to borrow money or issue bonds to finance a municipal utility. If it all worked out, the project would “at a minimum,” reportedly double the town’s outstanding debt.  

The Northport power plant, the largest power generating station on Long Island, is owned by National Grid, a multinational business located in the United Kingdom. The plant and its four generating units and support facilities sit on 275 acres along Long Island’s North Shore. The town estimates the value of the property at $3.4 billion and receives $84 million in taxes. The plant burns both oil and gas and is regarded as a major air polluter. Both the American Lung Association and New York State Department of Environmental Conservation have found its ozone emissions, a powerful respiratory irritant, to be a serious public health concern.

Northport residents protest LIPA's ongoing lawsuit with the Town of Huntington. Photo by Donna Deedy

By Donna Deedy

On a sunny Sunday afternoon, more than 100 residents of all ages, including many families with young children and pets, attended another public rally against Long Island Power Authority. At one point, their chant filled Cow Harbor Park in Northport village where they gathered April 7. 

“Stop LIPA now,” they repeated in protest.  

The power authority, a quasi-governmental state agency, is suing the Town of Huntington to reduce its $82 million property tax burden by 90 percent. LIPA, since the state’s public bailout of LILCO, and its failed Shoreham nuclear power plant project, has been paying the property taxes for power stations now owned by National Grid.  

Northport power plant. File photo

Protest organizer Paul Darrigo formed a Facebook advocacy group called Concerned Taxpayers Against LIPA in mid-March, whose membership now totals more than 3,000 people. His group is concerned that if LIPA is successful it would devastate the Northport-East Northport school district, which currently receives $54 million annually from LIPA.

Northport village residents Kathleen and James Wansor have two very young children and attended the rally to learn more about the situation. Funding for education is important to the young family.

“It doesn’t make sense and it doesn’t seem fair for us to all of a sudden see increases in our taxes,” Wansor said. 

Darrigo’s group is also reaching out to people across Long Island. 

“I want to coordinate our efforts with the residents of Island Park, whose school district is also under assault due to LIPA’s tax certiorari filed in Nassau County,” he said. “The objective is to communicate with LIPA and our elected officials with a consistent message and reiterate a ‘strength in numbers’ mantra.” 

New York State Sen. Jim Gaughran (D-Northport) was among the elected officials who addressed the Northport crowd. He’s currently calling for LIPA reforms. 

“LIPA is a runaway authority that is not serving the public’s interest with their frivolous lawsuit. As I’ve said to LIPA, LIPA should uphold the promise that was made to my constituents and that the tax certiorari challenge should be dropped. Anything short of that would be detrimental to the vitality of the communities that I serve and would have a direct impact on their ability to provide indispensable programs and services.”

“The objective is to communicate with LIPA and our elected officials with a consistent message and reiterate a ‘strength in numbers’ mantra.”

— Paul Darrigo

But elected officials on different levels of government lack a firm position on the issue. Both County Executive Steve Bellone (D) and Gov. Andrew M. Cuomo (D) offered similar public comments on the LIPA tax lawsuit against Huntington.

“While we do not comment on pending litigation, we are monitoring the situation closely,” said Jordan Levine, deputy communications director for energy and the environment with the office of the governor. “It is our hope that LIPA and the Town of Huntington can reach a mutually beneficial agreement that is fair and beneficial to all parties.” 

Northport Village Deputy Mayor Tom Kehoe is particularly critical of the state’s position. 

“The governor better wake up and jump in on this,” he said. “People are mad.” 

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Denise Mordente during a budget presentation at Port Jefferson Village Hall April 1. Photo by Kyle Barr

The LIPA settlement has weighed heavily on this year’s Village of Port Jefferson budget, leading to a budget that pierces the 2 percent tax cap while at the same time cutting several thousand in expenditures.

The new total budget is $10,310,869, $331,277 less than 2018-19. The budget will leave $6,451,427 needed to be raised in taxes, a 3.33 percent increase from last year, piercing the tax cap.

For homeowners, this change could mean a $21 annual increase to property taxes on the low end, and up to $130 on the high end for more modern homes. For businesses, older buildings might see a $130 annual increase, while modern structures could see an increase of $256, according to the village board.

The village board voted unanimously to adopt the budget at its April 1 board meeting. 

This includes a loss of $208,622 in annual revenues from taxes on the Long Island Power Authority-owned power plant. 

In the agreement signed by Brookhaven Town and the Long Island Power Authority, the $32.6 million tax assessment on the power plant is going to be reduced by around 50 percent incrementally over the next nine years to $16.8 million, starting with the 2017-18 tax year. Denise Mordente, the village treasurer, said since the date of that agreement overlapped with the existing budget, they had to make up for two years of LIPA’s glide path, rather than one.

“Next year we can budget for [a single year of the glide path] … this is double the amount,” Mordente said. “That’s why we have to cut this year.”

Personal services increased among multiple departments due to collective bargaining agreements and an increase in minimum wage, the treasurer said, though the treasury department’s total expenses decreased by $29,287 due to letting go of a staff member.

Village officials have cut $331,280 in total from the expenses of numerous departments, including $41,326 from code enforcement through cut salaries, though Mordente said code enforcement often doesn’t use the total of its budget. Other cuts included $18,117 from the Village Center, mostly from materials expenses. Meanwhile, the parks department saw a near 10 percent increase from both employee services and contractual expenses. 

The village is also looking at a $271,019 decrease in expenditures due to the ambulance services now being handled fully by Brookhaven Town in what was formerly the Mount Sinai Ambulance District as of January 1.

The village continues to pay down on several bonds, including the 2013 $2 million public improvement bond, the 2011 $5.5 million public improvement bond and the 2016 $1.48 million bond anticipation note. As of Feb. 28, the village has $5.74 million left to pay off.

The village board is still considering what it will do with the Port Jefferson Power Station in the future. Deputy Mayor Larry LaPointe said he has been in talks with LIPA, and the quasi-governmental agency has responded positively to suggestions that it be turned into a battery storage facility or a site for renewable energy, but talks are still ongoing.

Danielle DeSimone

By Donna Deedy

When Samantha Marill stepped up to the microphone at a town hall meeting March 16 in the Northport High School auditorium, the crowd of more than 500 local residents fell silent as she spoke.

“Four of my classmates have been diagnosed with leukemia,” she said. “I attended this high school and I’d like to know if emissions from the Northport power plant are a factor.”

Marill said that she and her classmates graduated Northport High School in 2016.

“This is an alarmingly high number,” she said.  “Most schools do not even have one student diagnosed.”

The situation Marill describes is statistically abnormal. Leukemia, a cancer of the blood cells, strikes mostly older adults. Suffolk County, overall, does have a higher leukemia incidence rate for 2011-15 than state averages, according to New York State Department of Health spokesperson Jill Montag. But more than half of the people diagnosed with the disease are in excess of 65 years old. 

“None of my classmates should be fighting for their lives so soon after graduating.”

— Samantha Marill

The statewide annual average for leukemia diagnoses for ages 20 to 24 totals 18, as reported in New York’s most recent cancer registry, which excludes New York City.

It would be expected that two people between the ages of 20 and 24 would be diagnosed with leukemia, according to the state’s statistics, in a population of 100,000. In the Northport-East Northport School district, where an estimated 36,000 people live, one case would be rare. 

“None of my classmates should be fighting for their lives so soon after graduating,” Marill said. A fifth high school friend, she said, was diagnosed with sarcoma, another rare type of cancer that affects connective tissues.

It’s difficult to know whether or not a specific environmental toxin will cause a particular individual to develop cancer, according to the U.S. Department of Health and Human Services 2003 report titled “Cancer and the Environment.” 

But Marill was one of two people to raise health concerns about the Northport power plant at that meeting. Christine Ballow said that she drives past the plant’s stacks daily, coming and going from her home on Eaton’s Neck. Her two neighbors, she said, suffer from another rare blood disease called Wegener’s granulomatosis. The disease effects the lungs, throat, sinuses, kidneys and blood vessels. The Mayo Clinic, a nonprofit academic health center, reports on its website that the disease is not contagious or hereditary. Its causes are unknown.

The Times of Huntington has dug into some of the issues and contacted state officials to learn how the public’s health concerns, past and present, are addressed. 

Here’s what we found:

• New York State Department of Health and the U. S. Department of Health and Human Services investigated complaints about the Northport power plant in 2009. 

  The 2009 report’s conclusion: “It is unlikely that people who live and utilize facilities around the Northport power plant will come in contact with chemicals originating at the Northport power plant site while touching soil or breathing dust at the [soccer fields], or by drinking groundwater that is outside of the Northport power plant property, and that in these ways operations at the Northport power plant are not expected to harm people’s health.”

• The only public health action recommended in 2009 was that the grass surface on the plant’s public soccer fields be maintained to ensure that the potential for exposure to arsenic and cadmium are minimized.

• That same report stated that contamination concerns date back to the late 1970s, saying: “There have also been many complaints about oil and soot emissions from the plant’s four smokestacks; some exceedances of air guidelines may have occurred, although no data on air emissions was reviewed that could confirm this.”

• Leukemia risk factors, which are listed on the state health department website, include exposures to ionizing radiation, smoking, rare viruses and blood disorders. Long-term exposure to benzene and ethylene oxide, typically in the workplace, are also a known cause of the disease.

• Suffolk County Water Authority reports by email that it tests its wells for benzene, but has never in 25 years identified the chemical’s presence in county waters.

• The Northport power plant is considered a Major Oil Storage Facility, an official term.  The 2009 report confirmed that the facility’s groundwater is subject to regular monitoring and reports that no significant petroleum products and material have contaminated the area. The water authority has confirmed by email that it has no record of significant contamination since 2009.

To address residents’ cancer concerns, New York State created in 1981 the Cancer Surveillance Program. It currently indicates no cancer cluster for leukemia near the Northport power plant, according to Montag. The program data, she said, shows one case of leukemia diagnosed between 2011-15 in the area that contains the plant.

“While the community has not requested an investigation for this area, interested community members are welcome to contact the Department of Health at 518-473-7817 or [email protected] to discuss their concerns and provide detailed information,” she said.

The American Lung Association doesn’t track cancer or Wegener’s disease, but it does monitor air quality. It reports Suffolk County is repeatedly one of the most polluted counties in the state, and is assigned an “F” rating for its ozone emissions.

“Basically, the plant is required to meet modified emission standards from those applied to plants that are newly built,” said Jennifer Solomon, media person with the American Lung Association. “The power plant can emit thousands of tons of nitrogen oxides, a pollutant that is an essential contributor to ozone smog. Ozone is a powerful respiratory irritant and causes breathing problems for children, seniors and for those with chronic lung diseases, sometimes sending people to their doctors or even the emergency room.”

Graph from New York State DEC.

LIPA’s tax lawsuit against the Town of Huntington has pushed the community to a tipping point. 

LIPA spokesperson Sid Nathan directed questions about Northport power plant health concerns to National Grid, which owns the Northport power plant.

National Grid has not responded to phone and email requests for comment.   

“In response to constituents very serious concerns raised during my town hall meeting on LIPA, I am requesting that the state immediately look into these community health concerns,” Gaughran said. “I am requesting a meeting with the relevant state agencies to ensure that the health of our residents is of the utmost concern.”

As for Marill, a junior at SUNY Potsdam, she’s declared a major in environmental science. She wants to study environmental law.

“It’s wild to think that we could shut the plant down but, ideally, I would like to see it closed,” Marill said.  “We need clean sources of energy.”

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Residents file into Northport High School to speak out over LIPA's power plant. Photo by Donna Deedy

By Donna Deedy

More than 500 residents joined forces in the Northport High School auditorium March 16 to challenge the Long Island Power Authority. The quasi-governmental agency is seeking through the courts a 90 percent reduction in the approximately $82 million in annual property taxes it pays to the Town of Huntington for the Northport power plant. 

A number of Northport residents were galvanized to take action. Paul Darrigo, a local commercial banker with Capital One, launched a new Facebook page, Concerned Taxpayers Against LIPA.

“We now have 1,200 members and are still growing at a rate of 15 members per hour,” Darrigo said. 

LIPA states in its report, “2019 Fair Property Taxes for Electric Customers,” that New York charges more of the cost of government on utilities than other states. As a result, the not-for-profit entity alleges that it’s overassessed for its aging assets. 

“I am advocating for the governor to support my two initiatives to provide Long Island residents with $139 million in state aid to communities impacted by tax certiorari issues.”

— Jim Gaughran

“The plant’s units were built in 1967 and 1976 and its technology is outdated,” LIPA spokesman Sid Nathan said. The plant operates at 12 percent capacity today compared to 54 percent capacity in 1999, a 78 percent decline. 

The tax reductions LIPA seeks will reportedly be used to reduce customers’ electric bills.

Gordian Raacke, executive director of nonprofit advocacy group Renewable Energy Long Island, stated by email that he agreed. 

“All LIPA customers pay more than would be the case if the properties were assessed at fair value,” he said. 

But many Town of Huntington residents aren’t buying into what they call more empty promises. 

If LIPA’s case is successful, as the agency has been in previous cases, critics say it could inflict a major economic blow to the community. Northport schools would annually loose an estimated $49 million out of some $54 million it receives from LIPA, according to district’s attorney John Gross.

To compensate for the loss, the Town of Huntington states on its website that residents would be forced to pay higher property taxes.

New York State Sen. Jim Gaughran (D-Northport) organized the town hall meeting to answer questions and to let the community know that he aims to seek funding to soften the blow if LIPA’s case prevails. His legislative bills, however, would require the approval of state lawmakers and Gov. Andrew Cuomo (D). The state senator said he’s working to build consensus in Albany, but urges citizens to contact elected officials at all levels of government to encourage cooperation in the battle. 

“I am advocating for the governor to support my two initiatives to provide Long Island residents with $139 million in state aid to communities impacted by tax certiorari issues,” he said. “I am fully supportive of the town and school district in continuing their fight against LIPA.” 

The situation raises questions about how education is funded in New York state. However, many community members question why National Grid and PSEG aren’t bearing tax liabilities when shareholders are earning dividends. National Grid, a business based in the United Kingdom, owns the Northport plant and operates under contract to LIPA; PSEG Long Island manages transmission and distribution for LIPA. 

Gaughran said that he’s looking into reforms that ensure the public’s interest is properly represented.

“Local communities should not be bankrupt by runaway authorities like LIPA,” he said.

“I love this place, but if I can’t afford to pay my bills what good is it.”

— Joseph Sabia

Northport resident Michael Marcantonio was among people who spoke during the meeting. Now a lawyer specializing in mergers and acquisitions, corporate governance and hostile takeovers, the Northport High School graduate blames the problem on the government’s practice of using public funds to bail out shareholder-owned businesses. LIPA, he explained to the crowd, was formed when officials used the public’s money to buy all the debt and some of the assets of the Long Island Lighting Company after it mismanaged the Shoreham nuclear project, which
ultimately failed. 

“This is what corruption looks like,” Marcantonio said. “Do not trust LIPA, they are robbing us, and we need to fight this.” The Northport resident ran for the state’s 12th Assembly District in 2018, largely on the LIPA issue, but he was forced to drop out due to a court decision over him voting locally in 2012 and 2014 while a student at Duke University Law School in North Carolina.

Newspaper reports from 1998 show that the now defunct Bear Stearns, the investment firm involved in the subprime mortgage crisis, served as the state’s financial adviser for the LILCO bailout, before quitting to successfully bid and broker the deal’s bond offering. At $7 billion, it became the largest public offering for municipal bonds in U.S. history.  

The LILCO deal was originally promoted publicly as a 20 percent rate reduction plan, as reported in the May 28, 1998 New York Times article titled “The End of LILCO, as Long Island has come to know it.” Long Island ratepayers reportedly paid the highest electricity bills in the nation at the time. As details began to surface, critics found the scheme entailed delaying interest payments on the debt and permanently saddled ratepayers with 33 years of liability.

Nicole Gelinas, a senior fellow at the think-tank Manhattan Institute wrote a 2013 op-ed piece in Newsday titled “Long Islanders are still paying for three bailouts.” The policy analyst explained that Long Islanders need to understand the past mistakes related to the bailouts to prevent similar situations in the future. 

LIPA restructured part of its debt in 2013. That plan, as reported in Newsday, aimed to reduce the cost of debt, instead of paying it down.  

LIPA reports today that customers pay 10 percent in debt reduction and another 10 percent goes in interest. An additional 15 percent of a LIPA bill pays taxes and other fees. LIPA’s report does not specify what those other fees are. 

“Do not trust LIPA, they are robbing us, and we need to fight this.”

— Michael Marcantonio

Business leaders, who also spoke at the meeting, urged others to join the Northport Chamber of Commerce. School board members passed out red business cards instructing residents to visit STOP LIPA NOW on Facebook and get involved.  

LIPA states in its report that it ensures it’s working on all customers behalf to lower tax bills on its power plants and other equipment to reflect their fair value. It estimates the plant tax valuation at $200 to $500 million. Huntington assessed the value on the tax code at $3.4 billion.

The plant sits on some 244 waterfront acres near Asharoken, which LIPA estimates is worth “roughly $50 million.”

“We are confident that the court will agree that the Northport power plant is accurately assessed,” said Nick Ciappetta, Town of Huntington attorney. 

For people like Northport resident Joseph Sabia, the situation has become unbearable. 

“I love this place, but if I can’t afford to pay my bills what good is it,” he said.

The original article had the wrong first name for Sen. James Gaughran. We regret the error.

Northport power plant. File photo

The Town of Huntington and Long Island Power Authority have finally made their opening statements in a court trial that has been more than eight years in the making.

Huntington town officials, LIPA and National Grid are presenting their arguments over the proper tax-assessed value of the Northport Power Station beginning Feb. 25 before Justice Elizabeth Emerson at Suffolk County Supreme Court in Riverhead.

LIPA filed its tax certiorari case over the assessed property tax valuation of the Northport plant in 2010 seeking to reduce its annual taxes by 90 percent, in addition to repayment of all taxes it claims to have overpaid since 2010 — currently more than $550 million.

It doesn’t differ all that much from when you grieve your property taxes, but this is on a much bigger scale.”

— Nick Ciappetta

Huntington Town Attorney Nick Ciappetta said all parties have agreed to start with the bench trial, decided solely by Emerson, by challenging the taxes paid on the plant in 2014.

“Even though they have filed petitions to challenge every year beginning in 2011, they have to file petitions individually for each year,” the town attorney said.

Ciappetta said that the burden of proof to demonstrate that the Town of Huntington tax assessor’s assessed value of the plant was incorrect lies with the utility company. LIPA will need to provide documents and expert testimony that convinces the judge that Huntington was in error, according to the town attorney.

“It doesn’t differ all that much from when you grieve your property taxes, but this is on a much bigger scale,” Ciappetta said.

LIPA started the trial with its opening statement and by calling on two expert witnesses for testimony Feb. 25. The Huntington town attorney said he expected the utility company to call on two additional expert witnesses to the stand to testify on its behalf before the town responds.

“We feel good about our position and that LIPA will not be able to sustain their burden,” Ciappetta said. “They have an appraisal that makes the plant seem as if it is worthless. That plant is vital to Long Island’s power grid.”

The Huntington town attorney said the town’s legal arguments will highlight how the Northport Power Station is unique given its “ideal location” and several factors, including its ability to operate based on either gas or oil, and is believed to be fundamental to meeting electrical demands during severe weather events.

We feel good about our position and that LIPA will not be able to sustain their burden.”

— Nick Ciappetta

The trial is open to the public and any who wish to observe the proceedings or listen to the arguments are welcome to the Riverhead court room, located at 1 Court St.

LIPA did not respond to request for comment on the ongoing court proceedings.

Ciappetta previously stated although the Town of Brookhaven settled its case with LIPA earlier this year, he does not believe that agreement will have any impact on Huntington’s case.

While six months of mediation between the town, LIPA and National Grid under their hired third-party arbitrator attorney Marty Scheinman has not yet resulted in a settlement, it remains a probable outcome according to Ciappetta.

“There’s always the possibility it will settle,” he said.

The court trial proceedings, if not wrapped up this week, will continue in April.

Northport power plant. File photo

New York State and town officials are renewing their calls for changes to be made to Long Island Power Authority’s operations as the trial over the tax-assessed value of Northport Power Station is slated to begin Feb. 25.

State Sen. Jim Gaughran (D-Northport) reintroduced legislation Jan. 31 that called for LIPA to be restructured so that eight of the utility company’s nine board members would be elected by public vote, among other changes.

“I don’t believe LIPA’s board as it exists offers any protection to the citizens of Long Island,” he said. “I think it needs to be scrapped and replaced.”

““I don’t believe LIPA’s board as it exists offers any protection to the citizens of Long Island.”

— Jim Gaughran

Assemblyman Fred Thiele Jr. (D-Sag Harbor) has partnered with Gaughran to sponsor the bill in the state Assembly. The concept of the ratepayers protection act was first introduced in February 2017 by Sen. Ken LaValle (R-Port Jefferson) and Thiele, co-sponsored by a coalition that included state Assemblyman Andrew Raia (R-East Northport). Those early bills failed to ever make it the Legislature’s floor for a vote.

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 size based on the last U.S. Census by May 1, 2021. 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 2021. Candidates on the ballot would not be chosen by the political parties, and those elected would not be paid but could be reimbursed from the state for their related expenses, according to the draft.

In addition, the 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.

“I promised the residents of his district once elected, I was going to hold one of my first town halls on this — a town hall in Northport to drill down and deal with the issues of LIPA,” Gaughran said.

He will hold a town hall-style forum 10 a.m. March 16 in Northport High School’s auditorium with town and school district officials present to answer questions and review various options moving forward with LIPA, including the ratepayers protection act.

“We are encouraged to hear this legislation is being reintroduced, as it will provide the oversight and transparency needed to restore residents’ confidence in LIPA — ensuring that the best interests of the ratepayers are served,” Huntington spokeswoman Lauren Lembo said.

Huntington’s town board also voted unanimously Jan. 29 to petition its elected officials to amend state law to allow the Town of Huntington and Northport-East Northport school district access to the state’s Electric Generating Facility Cessation Mitigation Program funding in case LIPA is successful in getting the Northport power plant’s annual taxes reduced, as well as to put more money into that state fund. This bill also failed to find sufficient support to pass the state Legislature last year.

We’ve reviewed the Brookhaven settlement and found it to be irrelevant to our case.”

— Nick Ciappetta

The tax certiorari case is slated to begin trial Feb. 25. While the town and Northport school district have entered nonbinding mediation with five sessions being held to date, according to Lembo, an agreement has not been struck.

In contrast, the Town of Brookhaven formally settled its lawsuit with LIPA over the Port Jefferson power plant Dec. 14 agreeing to decrease taxes on the plant 50 percent incrementally over the next nine years.

“We’ve reviewed the Brookhaven settlement and found it to be irrelevant to our case,” Huntington Town Attorney Nick Ciappetta said. “The Brookhaven agreement has nothing to do with the Northport power plant.”

Ciappetta cited what he believes are several key differences between the Northport and Port Jeff stations: Northport’s output capacity is four times larger, it is a dual-fuel plant that is capable of operating on both natural gas and oil, and that its operation is vital to helping maintain the state’s power capacity requirements.

Gaughran said he is willing to review and support any state legislation which may aid Huntington and Northport in their ongoing legal battle with LIPA and National Grid.

“It’s clear that everyone has to continue to fight this,” he said. “We can’t be preparing to lose. Everyone must continue to fight — it’s too important.”