APPEAL OF NORTHERN PASS TRANSMISSION, LLC

No. 2018-0468.

214 A.3d 590 (2019)

APPEAL OF NORTHERN PASS TRANSMISSION, LLC & a. (New Hampshire Site Evaluation Committee)

Supreme Court of New Hampshire.

Opinion Issued: July 19, 2019.


Attorney(s) appearing for the Case

McLane Middleton , Professional Association, of Manchester ( Wilbur A. Glahn, III , Barry Needleman , and Jeremy T. Walker on the brief, and Mr. Glahn orally), for the petitioners, Northern Pass Transmission, LLC, and Public Service Company of New Hampshire d/b/a Eversource Energy.

Gordon J. MacDonald , attorney general ( Christopher G. Aslin , senior assistant attorney general, on the brief and orally), representing the public interest.

City Solicitor's Office, of Concord ( Danielle L. Pacik , deputy city solicitor, on the joint brief and orally), for intervenor City of Concord; Mitchell Municipal Group, P.A., of Laconia ( Steven M. Whitley on the joint brief), for intervenors Towns of Deerfield, Littleton, New Hampton, and Pembroke; and Drummond Woodsum, of Manchester ( C. Christine Fillmore on the joint brief), for intervenors Towns of Bethlehem, Bristol, Easton, Franconia, Northumberland, Plymouth, Sugar Hill, and Whitefield.

BCM Environmental & Land Law, PLLC, of Concord ( Amy Manzelli on the brief and orally), for intervenor Society for the Protection of New Hampshire Forests.

Wadleigh, Starr & Peters, PLLC, of Manchester ( Stephen J. Judge , Jeffrey Karlin , and Stephen Zaharias on the brief), for intervenor McKenna's Purchase Unit Owners Association.

Foley & Lardner LLP, of Boston, Massachusetts ( Courtney Worcester on the joint brief), for intervenors Ammonoosuc Conservation Trust and Appalachian Mountain Club, and Melissa E. Birchard , of Concord, on the joint brief, for intervenor Conservation Law Foundation.

Bernstein Shur , of Manchester ( Andru Volinsky on the memorandum of law), for intervenors Bradley and Daryl Thompson and Jeanne Menard.

Richard J. Samson , Coos County Commissioner, District Three, and Stephen J. Ellis on the joint memorandum of law, for intervenors Towns of Pittsburg, Clarksville, and Stewartstown.

Philip Bilodeau and Joan Bilodeau joined in the brief for the Society for the Protection of New Hampshire Forests.

F. Maureen Quinn joined in the brief for the Society for the Protection of New Hampshire Forests.

Dalton Whitefield Bethlehem Abutters joined in the brief for the Society for the Protection of New Hampshire Forests.

Pemigewasset River Local Advisory Committee joined in the brief for the Society for the Protection of New Hampshire Forests.

Dummer, Stark and Northumberland Abutters joined in the brief for the Society for the Protection of New Hampshire Forests.

Abutting Property Owners, Bethlehem to Plymouth joined in the brief for the Society for the Protection of New Hampshire Forests.

Non-Abutter Property Owners Stark to Bethlehem joined in the joint brief of the City of Concord and multiple towns.

Bethlehem to Plymouth Non-Abutters joined in the brief for the Society for the Protection of New Hampshire Forests.1


The petitioners, Northern Pass Transmission, LLC and Public Service Company of New Hampshire d/b/a Eversource Energy (PSNH), appeal the decision of the New Hampshire Site Evaluation Committee denying their application for a "Certificate of Site and Facility" (certificate) for the siting, construction, and operation of a high voltage...

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