It will take a few more months before the highest court in the state of Maine decides on the future of the Hydro-Quebec interconnection project, rejected by voters in a referendum last November.
The Supreme Court of Maine authorized, Monday, the adoption of an accelerated schedule to hear the request of the partner of Hydro-Quebec, which judges that the referendum which blocks its project is unconstitutional. The start of the pleading is scheduled for May 9, confirmed a spokeswoman for the state courts.
In November, voters in Maine rejected the proposed line by 59% in a referendum. The 233-kilometer project that would cross the state to deliver electricity to Massachusetts would bring in revenues of $ 10 billion over 20 years for Hydro-Quebec. It would also reduce greenhouse gases by 3 million metric tonnes, the equivalent of taking 700,000 cars off the road.
Anthony Moffa, a professor of environmental law at the University of Maine Law School in Portland, believes the courts could decide the future of the project over the summer. “The Court has already sent the signal that it wants to speed up the process,” he said in an interview. I don’t think she can go any faster. “
New England Clean Energy Connect (NECEC), the Hydro-Quebec partner that is building the line, suffered a first setback in its attempt to obtain an injunction allowing it to continue the work.
In December, a court specializing in business law rejected the injunction request. Justice Michael Duddy, however, recognized that the rights issues raised deserved to be heard and sent the case to the Supreme Court of Maine.
This decision does not allow to anticipate which side the court will lean, believes Mr. Moffa. “You have to make a stronger demonstration to get an injunction. In the fund, the judge doesn’t say he believes NECEC is going to lose, but he says he’s not sure she’s going to win. “
Another cause will also be decisive for the project, recalls Mr. Moffa. Permits for a portion of the 1.6-kilometer line are also being challenged in another case. A judge of the Superior Court of Maine struck down the permits in question granted by the government in 2014. The judgment is under appeal. “It is not one cause that must be followed, but two. “
Work already started
NECEC and Hydro-Quebec believe that the referendum is unconstitutional and that the project, construction of which began in January, has acquired rights. NECEC spent nearly US $ 450 million to complete the project, which represents 43% of anticipated costs, according to court documents.
NECEC estimates that a delay of 18 months could represent a financial burden of US $ 113 million in additional costs. This amount would rise to US $ 137 million if the deadline extended over 24 months.
The company has a contractual obligation to have the line completed by August 23, 2024, but could extend this deadline for one year with a penalty of US $ 10.9 million. The project was originally scheduled to be completed at the end of 2022.
While Prime Minister François Legault raised the possibility of another route the day after the referendum, Hydro-Québec continues to support the Appalaches-Maine line to honor its contract with Massachusetts. “We remain convinced of the value, merits and importance of the NECEC project,” reiterates spokesperson Lynn St-Laurent.
“We and our partner maintain that the referendum is unconstitutional and are engaged in the legal challenge of the referendum initiative. And, I remind you, this project has obtained all its permits and its construction began in January 2021, as provided for by the laws in Maine. “