Blumenthal Opposes Shoreline Fees

By Kendra Bobowick

Attorney General Richard Blumenthal joins residents in their criticism of potential fees for personal structures along Lake Lillinonah. In his recent letter to Northeast Generation Services (NGS), he scrutinizes aspects of its proposed Shoreline Management Plan, which includes fees associated with items such as docks and gazebos along the shore.

Questioning the implied fees, Mr Blumenthal states in his letter, “The Shoreline Management Plan…should be substantively and significantly changed to eliminate the assessment of fees for property owners with deeded property rights…”

NGS representatives declined to offer an official response to the attorney general’s position.

Spokeswoman Donna Powell said, “We do not wish to provide any specific reactions to his comments.” Mr Blumenthal’s letter reinforces a stance he took during a recent public hearing discussing the shoreline plan, which is a requirement per NGS’s licensing agreement with the Federal Energy Regulatory Commission (FERC).

Although Mr Blumenthal’s statement came last-minute — one day before a July 8 deadline concluded a public comment period — Ms Powell was not surprised, she said.

“His comments are consistent with previous remarks made at a public hearing,” Ms Powell said. Additionally, Ms Powell explained, “Attorney Blumenthal’s comments are being carefully reviewed and considered.”

The power company received a renewed 40-year license from FERC in June 2004 that states, “The licensee shall file for commission approval a comprehensive plan for managing reservoir shorelines and riverfront lands…The SMP shall at a minimum include descriptions of policies and guidelines on shoreline use…and associated permitting and property-conveyance procedures…”

The most recent SMP draft includes an Implementation Plan that outlines fees for use and occupancy asking an annual fee of $200–$400. Many one-time fees apply to structures including docks, storage sheds, wooden decks, gazebos, retaining walls, beach areas with sand, swim platforms, and other items such as draining pipes that may step onto power company property. These one-time fees range from as much as $1,000 down to $300.

Mr Blumenthal’s letter is clearly opposed to such fees. It states, “…serious issues remain with respect to the charging of fees to parties with deeded property rights…” In his letter he indicates that the NGS has waived a registration fee of $500, but Mr Blumenthal continues, “Nevertheless, there are ambiguities in the SMP that suggest other fees…it is imperative that NGS specify that owners with deeded property rights will not be charged any fee for these rights.”

Further in his letter he concedes, “There may be some authority for the assessment of an annual administrative fee…” He later states, “The right to manage the lake and the possession of a license to do so should not be permitted to become a means of generating a profit…”

Explaining the Shoreline Management Program fees, and what they pay for, Ms Powell said, “Fees go toward monitoring and controlling use and occupancy of our land by others. Funds generated by fee collection will cover a portion of administrative costs of the SMP as defined by FERC; we cannot collect more than the amount of actual cost.”

Also according to Ms Powell, Mr Blumenthal’s letter “will be factored into our final plan.”

Overall public comment, including the attorney general’s letter, number in the hundreds, she said. Considering his communication, she said, “We appreciate his comments and suggestions.”

NGS is enacting the Shoreline Management Plan for Lakes Lillinonah, Candlewood, and Zoar. Unlike Lake Zoar, where residents own up to and at times into the water, Candlewood and Lillinonah shorelines are owned by the utility company. Ownership stretches beyond the bank. The SMP has existed in the past, but NGS has been lax in enforcing registration fees, for one, said one Lake Zoar Authority member. Paul Gallichotte had said in a previous article, “You were always supposed to register. All along people were supposed to get approval from and pay NGS, but may not have known.”

Something In the Water

Mr Blumenthal’s letter addresses the lake’s water level, which also has prompted concern from the community, the Lake Lillinonah Authority, Friends of the Lake — a private group in support of Lake Lillinonah, and environmentalists. (See story on Page 1.)

Mr Blumenthal’s letter states, “…The SMP should be changed…to prohibit the raising of the lake water level.” The letter later speculates about what could happen if the lake level is increased by several feet.

His letter suggests, “Decades of shoreline vegetation and tree growth have adapted to this cycle of water level…consistently maintaining water levels at more than 2 feet higher than current levels will have a significant impact on shoreline vegetation…”

Mr Blumenthal then refers to the FERC license stipulations, quoting, “identification of vegetative buffer zone around reservoir shorelines and riverfront lands,” and also identifies the statement, “potential for revegetation and provisions to revegetate these areas within the project boundaries.” Following his reference to these phrases in the FERC license, Mr Blumenthal writes, “The SMP must review and include discussion of conservation and of the important resources and environmental qualities of the land surrounding the project’s shoreline…the SMP should specify that NGS will not increase water levels on Lake Lillinonah…”

The power company must file its SMP with the federal commission by July 24.