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Reichert Planetarium educator Erin Bennett teaches astronomy via Zoom. Vanderbilt photo

The National Grid Foundation (NGF) – a longtime partner of the Suffolk County Vanderbilt Museum and its STEM programs – has been essential to the Museum’s outreach efforts to high-needs schools on Long Island.

For nine years, NGF support has enabled the Vanderbilt Reichert Planetarium to take its highly regarded astronomy and science education programs into under-served schools – free of charge – and to serve more than 25,000 students.

The current 2020-2021 school year marks the third year in a row that NGF has supported the Exploring the Universe: Traveling Astronomy Program, taught by educators from the Museum’s Charles and Helen Reichert Planetarium. Normally, they teach on-site in schools. This year, however, the educators traveled to schools virtually, live via Zoom. During the current school year, 1,685 students in more than 60 classes participated.

Dave Bush, director of the Reichert Planetarium, said, “We are happy to extend our professional expertise in the field of astronomy education to schools that would not otherwise be able to visit the Reichert Planetarium. Our goal is to provide quality programming that sparks curiosity, wonder, and excitement. Students who partake in our presentations are afforded highly engaging visuals and activities that leave lasting impressions.”

Exploring the Universe (ETU), developed and presented live by highly trained Vanderbilt science educators, immerses students in grades K-8 in an engaging astronomy course. An exciting multimedia presentation primes students to learn and inspires them to consider a variety of astronomy topics. ETU offers two live virtual programs, Space Adventure to the Moon and Exploring the Solar System.

Exploring the Universe is designed to offer educational experiences beyond the walls of the Vanderbilt Reichert Planetarium. Educators provide materials to help students learn and explore in greater detail the topics taught in the classroom. The program serves the communities and schools of Nassau and Suffolk counties to provide exciting learning experiences about the world of astronomy.

For more information, visit www.vanderbiltmuseum.org.

 

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Old Field resident Tim Hopkins took this picture late on Aug. 1 saying the black plume came out of the stack for some time before later drifting out over the Long Island Sound. Photo by Hopkins

The Port Jefferson Generating Station on the shores of Port Jeff Harbor has displayed emission issues at least twice in the past two months, photo evidence and a statement from Long Island Power Authority have shown. While plant operators said they were minor incidents, local environmentalists were much more uncertain.

On Aug. 1, past president and current member of the Cornell Cooperative Extension of Suffolk County, Tim Hopkins, was out on the water in PJ Harbor when he took a picture of one of the chimneys belching black smoke into the air. 

Hopkins, who as a Village of Old Field trustee from 2016-18 chaired its environmental committee, said he goes out on the waters of Port Jeff Harbor on average six times a year, and this was the first time he saw the stack make that sort of cloud. He watched the stack exude the black smoke and snapped the picture at 7:40 p.m. The smoke, he said, continued to pour from the stack for some time before he left to go to Flax Pond. When he returned to the harbor, he saw the cloud had drifted over into Long Island Sound, where it lingered for some time.

John Turner, a local environmentalist who previously worked as Brookhaven Town’s director of the Division of Environmental Protection, said during a phone interview that, living on Long Island for 65 years, he could not recall seeing Port Jeff’s or any other power plant expelling emissions “that looked that disturbing, that’s potentially problematic from a health perspective.”

He said he also strongly suspects the black smoke could contain particulate matter, or dust and particles other than the normal gaseous emissions, that could be potentially damaging to breathe.

“That can’t possibly be just carbon dioxide or nitrogen oxide or other gases — that has to be particulate matter, which could be very troublesome to people’s lungs,” Turner said.

State Assemblyman Steve Englebright (D-Setauket) is also the Assembly environmental committee chair. When first he saw an image of the plant’s emissions, he said, “It looks deadly,” adding, “This is not a good day to breathe.”

What it looked like to the assemblyman, a geologist and ardent environmental advocate, was black particulate mixed with the emission plume. Englebright said the emissions were as bad as he’s ever seen in the three decades he’s been in office, and it far exceeds normal opacity standards. Normally when the plant is active there may be a white plume coming from the stack, especially visible in winter when much of the visibility is the hot vapor interacting with cold air to create condensation. 

The plant is operated by United Kingdom-based utility company National Grid, and LIPA said in a statement National Grid is aware of all environmental regulatory requirements and the plant normally operates in compliance.

In an email response to inquiries, a spokesperson for National Grid said that the Aug. 1 incident was caused when Long Island’s electric system began to vary load and the unit became unbalanced. The black particles, National Grid said, were “most likely unburnt carbon due to the boiler imbalance,” adding it is similar to what can happen to a home heating system. 

The statement said the situation lasted for six minutes while the operator made adjustments to correct the situation. Hopkins reaffirmed he saw the stack smoking for much longer than that. 

In response to the assemblyman’s inquiries, LIPA sent an answer instead about another emissions failure which occurred on a separate date, July 11. 

LIPA said for 12 minutes, the plant exceeded U.S. Environmental Protection Agency opacity limits on that early July date. The electric utility said the incident was a result of the plant “combusting a mix of natural gas and residual oil,” while increasing load to meet demands on the grid. While increasing load, LIPA said the boiler “experienced an upset, resulting in a temporary interruption of the fuel supply and subsequent loss of load. This caused the unit to smoke (opacity) for a short period.”

LIPA said the emissions on that date were made of various gases such as nitrogen and nitrogen dioxide, but the power authority claimed they were below regulatory limits. It also claimed the plant is unable to measure the amount of carbon dioxide and sulfur dioxide released by the emissions. 

National Grid’s statement said the plant’s automated monitoring system notified the control room about the issues. Opacity incidents are reported to the New York State Department of Environmental Conservation 60 days following the end of each quarter. The company added that while opacity exceedance does occur, it maintains compliance a vast majority of the time.

“The plant is well maintained and operates in compliance with environmental regulations greater than 99% of the time,” National Grid’s statement read. “National Grid operators are highly skilled, receive ongoing training and operate the units to maintain compliance with all regulatory requirements. … However, there is no fail-safe item that will guarantee no events in the future.”

In a statement, the DEC said National Grid has reported about the Aug. 1 boiler issue but has no record of a July 11 event. The agency said plant emissions are run through filters to remove particulates before they are released into the atmosphere.

“DEC reviews the data logs from these monitors as part of our rigorous oversight of these facilities to ensure protection of public health and the environment from long-term particulate matter releases,” the agency wrote in its release.

The U.S. Environmental Protection Agency said in a statement the New York DEC is the primary regulator of the facility and sets opacity requirements, though all facilities must follow federal guidelines set by the Clean Air Act. The EPA website lists that it last inspected the Port Jeff site June 16, where the plant passed its compliance inspection.

The units entered service in 1958 and 1960, and have since gone from using coal to diesel, and now runs as a hybrid that takes in both natural gas and oil. The plant only operates a small percentage of the year, but use often peaks during the heat of summer, as more people run their air conditioners, and in the winter when more customers are working their heating systems. 

Port Jefferson Mayor Margot Garant said in an email she had not been made aware by LIPA about the opacity violations. She said the sight of the black cloud was highly unusual, as the only time emissions are normally visible at all is during the winter.

Garant and other village officials have been working with an engineering firm in drafting a report to argue for retrofitting the power plant with newer technologies, including a hybrid battery to store energy in case of demand.

“You have old iron here, and when you need help to offset the peak demands, a cleaner plant would be an improvement at the site,” the mayor said.

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From left, National Grid’s Belinda Pagdanganan who is also a Suffolk County Community College Trustee and a member of the Board of Directors of the Suffolk Community College Foundation; Sylvia Diaz, Sylvia A. Diaz, PhD, LMSW, the Foundation’s executive director and Keith Rooney, National Grid’s Director of Customer and Community Management for Downstate, New York. Photo from SCCC

National Grid has made a generous $10,000 gift to Suffolk County Community College’s COVID-19 Emergency Fund. The fund provides critical financial assistance to students at Suffolk County Community College whose lives have been impacted by the coronavirus pandemic and has supported more than 550 students to date. 

 “National Grid came to the aid of our students when it was most needed” said Suffolk County Community College Interim President Louis Petrizzo. “On behalf of our students, and all of us at Suffolk, we extend our sincere and heartfelt thanks.”

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Northport power plant. File photo

At the Long Island Power Authority’s July 24 board meeting, Larry Kelly, a trial attorney, described at a public comment session how LIPA in 2006 and 2007 instituted what he called “the largest tax fraud” he’s seen in his 35 years as a lawyer, according to Huntington Town councilman, Eugene Cook (R).

Cook has independently asked New York State’s Public Service Commission Chairman John Rhodes in a letter dated Aug. 6 to review and “forcibly address” the issues. 

According to Cook, Kelly alleged that LIPA used the tax system to extend tax exemptions and reductions to Caithness power plant, which was awarded a contract to build a new 350-megawatt power plant in Yaphank, and then used those low taxes to argue in court that National Grid’s four aging power plants on Long Island were overassessed.

“I also request the PSC review LIPA’s ‘unclean hands’ in the Northport filings, and the impact that should have on LIPA’s continued operations,” Cook’s four-page letter concluded. The letter was sent on a town letterhead, but was not signed by other town board members, the supervisor or the town attorney.  

Councilman Eugene Cook

The term “unclean hands” is a legal defense which essentially references a legal doctrine that states a plaintiff is unable to pursue tax equity through the courts if the plaintiff has acted unethically in relation to the subject of its complaint. 

The allegations are surfacing just weeks after closing arguments were presented July 30 in LIPA’s tax certiorari case with the Town of Huntington for the year 2014. It is unclear how the allegation could potentially impact the outcome of the case as post-trial deliberations continue. The unclean hands defense was not part of the town’s defense, according to the Town Attorney Nick Ciappetta, who offered no public comment on the allegations.  

Kelly, a Bayport resident who ran for a New York State Supreme Court judgeship in the 2018 election, is unaffiliated with Huntington’s case, but said his obligation as a trial lawyer is to act as a steward of the law. 

LIPA did not respond to email requests for comment on the public allegations. 

A LIPA press release dated Jan. 25, 2006, stated that the Caithness plant in Yaphank would include a $139 million payment in lieu of taxes agreement with $100 million over 20 years going to Bellport’s South Country school district. 

LIPA’s 2019 Property Tax Reduction pamphlet, which is publicly available and published on its website, highlights the value of Caithness plant in contrast to the Port Jefferson, Northport and three other plants. On page 14 of the report, LIPA stated that in 2016 Caithness paid $9.7 million annually in taxes, while the Northport plant paid “eight times” as much in taxes, or $81 million, and Port Jefferson paid “three times” as much in taxes, or $33 million.  

The report also stated on page 14 that LIPA reimburses National Grid under its contract more than it earns in power revenue, a sum that factors in property taxes. 

“Those losses, the amount by which costs exceed the value of power, are paid by all 1.1 million electric customers,” the report said. It indicated that LIPA’s goal for filing tax challenges in 2010 against Nassau County, the Town of Huntington, the Town of Brookhaven and the Village of Port Jefferson “in an attempt to obtain a fair tax assessment on the four legacy plants.” 

In a telephone interview, Kelly referred to a Feb. 15, 2012 meeting with the Town of Brookhaven Industrial Development Agency, which recorded a Caithness representative explaining that “LIPA pays the PILOT to Caithness who then makes the PILOT payment to the IDA, and then they get a check back from New York State which is then returned to LIPA.” 

The minutes further stated, “This is the only power plant on Long Island that the ratepayers are not paying any real property taxes net out of pocket for the first 10 years, resulting in a saving of $80 million.” 

Kelly and Cook, in presenting the allegations publicly and to the commission, claimed that Bellport’s school district, South Country, which Cook said in his letter is comprised of 40 percent minority populations, were shortchanged tax revenue that could have funded school programs. Representatives from the South Country school district did not respond to email and telephone inquiries about their tax revenue from Caithness. 

The Public Service Commission has said that it has received and is reviewing the letter from Cook. It offered no other response to questions related to its potential response.

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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.

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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.”

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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.

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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 MORE:  Huntington 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.

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Northport power plant. File photo

Huntington town elected officials refused to entertain a request to hire additional legal help in its lawsuit against Long Island PowerAuthority, despite calls from Northport residents for help.

Huntington Councilman Gene Cook (R) offered a resolution at the June 5 town board meeting to hire Manhattan-based law firm Boies Schiller & Flexner LLP as additional legal counsel in the town’s pending tax certiorari case with LIPA and National Grid over the Northport Power Station as the case heads to trial in July.

“I believe this is a very needed law firm to hire at this point,” Cook said. “For the money that this law firm would [cost], it’s a whole lot less than the hundreds of millions we stand to lose.”

“For the money that this law firm would [cost], it’s a whole lot less than the hundreds of millions we stand to lose.”
– Gene Cook

A request to hear and vote on a measure was shot down by a 3-2 vote, by Supervisor Chad Lupinacci (R), Councilman Mark Cuthbertson (D) and Councilwoman Joan Cergol (D).

“There are hundreds of thousands — millions of dollars at stake now in this case,” Lupinacci said. “Huntington has been fighting hard on behalf of the taxpayers. We will continue to use all legal options at our [disposal] to make sure LIPA and National Grid honor their contractual promises.”

LIPA filed a tax certiorari lawsuit against the town assessor’s office in 2010 seeking a 90 percent reduction in the tax assessed valuation of its Northport Power Station, and seeking repayment of all taxes it claims to have overpaid since 2010 — currently amounting to more than $550 million and growing.

Cook said the Manhattan-based law firm is one of the top litigation firms in the nation, although admittedly not specialized in cases related to power plants.

“We are losing a huge opportunity and it will hurt everyone out there by not doing this,” he said.

Several prominent Northport residents had pleaded with the town officials to support Cook’s resolution Tuesday afternoon including Northport school board trustee David Stein, who spoke as a private resident in support of the measure.

“The army of attorneys, lobbyists and PR titans that we are against now requires an outsized army of our own.”
– David Stein

“LIPA and National Grid have brought in a veritable army of lawyers, lobbyists and [public relations] attack dogs,” Stein said, painting an image of a David-versus-Goliath fight. “The army of attorneys, lobbyists and PR titans that we are against now requires an outsized army of our own. And so, I urge you to engage the services of the biggest, best, brightest and most well-known in all of these areas now.”

Under Cook’s proposed contract, attorneys from Boies Schiller & Flexner would have been paid an hourly rate of not more than $1,650 an hour to assist the town’s current legal representatives from Lewis & Greer P.C. in determining a strategy and arguments for the upcoming trial. These accumulated attorney fees could not be bonded under state law, according to the town supervisor, but would have required dipping into the town’s capital reserves.

“If spending $1,650 were a silver bullet that would achieve something here, I would do it,” Cuthbertson said. “The law firm Cook would like to hire has absolutely no experience in tax certiorari cases that involve power plants.”

Lupinacci said he was willing to consider looking into other prominent litigation law firms which might be able to serve the town at a lower cost.

“Sometimes when [law firms] look at a municipality, they believe they are looking at deep pockets,” the supervisor said. “We have to do some outside the box thinking and leave no stone unturned.”

“If spending $1,650 were a silver bullet that would achieve something here, I would do it.”
– Mark Cuthbertson

Northport Village Deputy Mayor Thomas Kehoe and Northport resident Tammy Topel both urged the Huntington town officials to take more aggressive action in light of additional information that has become public — spoken widely about by Cook — calling the Northport Power Station a hub through which natural gas lines and fiber optic networks for internet pass through.

“I believe these are misguided attempts to incorporate other aspects into the valuation process that just aren’t there,” Cuthbertson said. “It’s a red herring and unfair to the public.”

Cook vehemently disagreed with his fellow councilman in open debate.

The town is moving forward by pursuing help from its state elected officials, according to the supervisor, including scheduling a meeting with New York Gov. Andrew Cuomo (D) to garner his support for a resolution to the case. Lupinacci said the town still remains open to negotiations.

“We are always speaking with the other side to see if there is some kind of resolution, but we are probably not going to achieve a resolution that is going to be beneficial to the taxpayers of Huntington and to our students,” Lupinacci said. “We are prepared to take this case to trial.”

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Councilman Eugene Cook calls for residents to launch letter-writing campaign to Huntington Town officials

Northport power plant. File photo

Town of Huntington officials are moving toward making a power play against Long Island Power Authority and National Grid to take over control of the Northport power plant.

Councilman Gene Cook (R) has called for town residents to participate in a letter-writing campaign asking Huntington’s elected officials to consider utilizing eminent domain to take control of Northport power plant.

His proposal comes days after LIPA allegedly submitted documents to Suffolk County Supreme Court for its pending lawsuit against the town, in which it disputes the tax value of the plant, claiming the structure only has a fair market value of $193 million, according to Cook.

“Their estimate is so far out of wack on it, they are almost like giving us the plant,” the councilman said. “If they want to give it to us, I want to take it.”

Cook said he thinks the Northport facility is one of the biggest power plants in the Northeast, which will become more valuable with future improvements. He estimated the power station could produce $5 billion in revenue per year for the town if it took over operation of the facility. He suggested the name “Huntington Power Service Company.”

“We want to serve our residents, not be an authority over them like LIPA has done,” Cook said. “They have taken LI Power Authority as ‘we have authority over everyone.’” 

“Their estimate is so far out of wack on it, they are almost like giving us the plant.”

— Eugene Cook

The councilman drafted a resolution he said he plans to present at the May 17 town board meeting for Huntington to hold a public hearing. If approved, a hearing will be held June 5 at 2 p.m. for residents to voice their thoughts and concerns on the acquisition of the plant from National Grid, which is the owner of the power station.

“The basis of this acquisition will be for the purpose of delivery to the public of electrical power in a safe and cost-efficient manner,” reads the draft resolution.

Under New York State law, the town must publish its findings and determinations on the proposed acquisition from the public hearing within 90 days. The Town of Huntington is due in court to face LIPA less than a week later June 11.

“We are looking at every facet of possibility here when looking at the LIPA situation because it’s a very serious situation,” Supervisor Chad Lupinacci (R) said. “Any possibility that comes up we will review with our attorney — we will review it with experts to see if it’s feasible.”

Even if the town initiated the process of obtaining the power plan via eminent domain, it would not resolve the town’s lawsuit with LIPA. In addition to seeking a 90 percent reduction of taxes on the power plant, LIPA is asking for the town to reimburse it for alleged overpayment of taxes each year since it filed the claim in 2010 — totaling more than $500 million.

“Let’s save the consulting and legal expenses of evaluating this idea, which would be fiscally disastrous to the town, its taxpayers and wouldn’t resolve the pending tax certiorari litigation,” LIPA spokesman Sid Nathan said in a statement.

“Let’s save the consulting and legal expenses of evaluating this idea, which would be fiscally disastrous to the town, its taxpayers and wouldn’t resolve the pending tax certiorari litigation.”

– Sid Nathan

LIPA disputes that the Town of Huntington could turn a profit operating the station, claiming Northport power plant is operated at a loss. The power company said its contract with National Grid requires it to pay all costs to run the plant — including $80 million in annual property taxes leveraged by the Town of Huntington — which exceeds its revenue. LIPA also stressed that if Huntington took control of the plant, all beneficial tax revenue would cease, leaving residents to pay more for their government services.

“We hope the town will join with other local communities on Long Island that are working with LIPA to reach a fair settlement offer that puts an unsustainable property tax situation at the Northport plant back on a sustainable path,” Nathan said.

The Town of Brookhaven and Village of Port Jefferson both announced they had reached settlements over the tax assessed value of the Port Jeff plant with LIPA in early April.

If the lawsuit is decided in LIPA’s favor, the utility company estimates that Town of Huntington residents would see their taxes increase by $62 a month, with Northport-East Northport school district residents responsible for an additional $210 to $220 per month.

Lupinacci has said the town remains open to bargaining with LIPA, while Cook said the only negotiation he is for is LIPA agreeing to withdraw its lawsuit.

“I will fight to the death on this one,” Cook said. “Either they want to be good neighbors or they don’t. If they don’t, they can hit the road.”

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