Fairfield, Bridgeport And State & Local Legislators Urge Dismissal Of UI Monopole Application

FAIRFIELD, CT — Fairfield, Bridgeport, and numerous state legislators are raising their voices against any action by the Connecticut Siting Council (CSC) to now approve United Illuminating’s application to install massive overhead monopoles through portions of both communities. A significant legal victory for the residents, businesses and property owners, and grassroots organizations in Fairfield and Bridgeport was won when Superior Court Judge Matthew Budzik reversed the CSC’s decision to approve overhead monopoles north of the Metro North train tracks.

From the news release:

Judge Budzik ruled that the CSC “exceeded its statutory authority and violated principles of fundamental fairness” and remanded the matter back to the CSC “for proceedings consistent with [the Court’s] memorandum of decision.” However, instead of dismissing the pending Application on remand, the CSC has instead scheduled a meeting to consider new proposed findings of fact – even though there has been no hearing since Judge Budzik reversed the prior CSC decision, and the new proposed findings of fact have not been made public. The CSC’s meeting – which the parties and public can watch but cannot participate in – is scheduled for Thursday, June 12, at 1:00 p.m. via Zoom.

The Town of Fairfield, the City of Bridgeport and intervenors BJ’s Wholesale Club, Inc; the Southport Congregational Church; the Sasco Creek Neighbors Environmental Trust, and the City of Bridgeport, appealed the initial decision of the CSC approving the construction of overhead transmission lines along a new route to the north side of the Metro North train tracks. Critical to the decision was the finding that the CSC “changed the facility under consideration in the application from the 1430 Line to the 1130 Line.” United Illuminating never applied for a certificate to rebuild the 1130 Line, preventing the Town and its residents from adequate notice of any potential modifications to the 1130 Line to the north. The appeal came after months of Siting Council hearings where the Town and other impacted intervenors repeatedly raised concerns about UI’s plan to install massive monopoles on the south side of the Metro North train tracks and challenged whether there was any need at all for this project.

In response to the CSC’s disclosure that it intended to consider new proposed findings of fact at its June 12th meeting, attorneys for the Town of Fairfield, City of Bridgeport, and other intervenors filed a public letter to Melanie Bachman, Esq., executive director of the CSC, stating the following: First, that the Council should dismiss UI’s application, consistent with Judge Budzik’s decision; second, that the procedural requirements of Public Act No. 24-144 apply on remand. The Act, signed into law on June 6, 2024, and effective as of October 1, 2024, imposes several new procedural requirements on the proceedings before a new certificate may be issued. Third, the attorneys insist that an underground alternative must be “meaningfully considered.”

Their letter states, “Undergrounding is particularly crucial to protect the sensitive resources in Fairfield and Bridgeport and to prevent the unprecedented takings that UI’s overhead project would require,” and reminds the CSC that this docket “will impact some of the State’s most precious historic, cultural and religious resources.”

Fairfield State Senator Tony Hwang and State Representatives Jennifer Leeper, Cristin McCarthy Vahey, and Sarah Keitt, in addition to Bridgeport State Representative Steve Stafstrom, have all endorsed the attorneys’ letter.

First Selectman Bill Gerber said, “Judge Budzik’s ruling affirmed our right to expect accountability and transparency from utility companies that too often act without concern for the impact on residents of Connecticut’s cities and towns. A year ago, Governor Lamont signed HB5007 into law (now Public Act No. 24-144) with the purpose of reforming the required process before the Siting Council can issue a certificate for construction of a high-powered transmission line. The Act includes the following requirements: that the Siting Council hire experts in engineering and financial analysis, that the Siting Council ensures property owners receive fair compensation for any land takings, that Siting Council members be free from conflicts of interest, and that property owners be notified in a transparent manner.”

“The new legislation reaffirms the importance that the Siting Council act in the best interests of the people of Connecticut, and not merely in the utilities’ interests,” Gerber continued. “It is critical that the Council dismiss the pending Application. Otherwise, the effect will be to permit UI to do “an end around” HB5007, despite the massive support the new law received from the Connecticut legislature, Governor Lamont, and the people of Connecticut.”

Andrea and Stephen Ozyck, co-founders of Sasco Creek Neighbors Environmental Trust, Inc. (SCNETI), said, “We believe the only legal path forward—consistent with the Superior Court’s ruling and current Connecticut law—is for the Connecticut Siting Council to deny Docket 516 and require United Illuminating to submit a new application. This is the only way to ensure that more appropriate, community-sensitive solutions are considered and that affected residents, businesses, and institutions are given a meaningful voice in the process.”

State Representative Jennifer Leeper said, “The community has spoken loud and clear that UI’s south side proposal does not adequately balance the energy needs with what is best for our community. Thankfully, the judge ruled against the Siting Council’s north side decision. I will continue to fight for what’s best for our community and advocate for the Siting Council to dismiss UI’s original application and require a new application that undergrounds these transmission lines.”

State Representative Steve Stafstrom said, “Here we go again. The Siting Council has already been scolded once for exceeding the scope of its authority. Due process, transparency, and fundamental fairness require that the Siting Council dismiss UI’s application outright and allow for public participation consistent with the legislative directive of Public Act 24-144 on any future application.”

State Senator Tony Hwang said, “The people of Fairfield and Bridgeport have spoken loud and clear: massive overhead monopoles are an unacceptable and unfair imposition on our communities. I stand with our residents, businesses, and local leaders in demanding that United Illuminating’s application be dismissed outright and that any future proposals start from scratch, with real accountability, real transparency, and full consideration of underground alternatives. This fight is about protecting our towns’ historic, cultural, and environmental resources from unnecessary and irreversible harm.”

State Representative Cristin McCarthy Vahey said, “The residents, businesses, governments, and civic organization of Bridgeport and Fairfield have spoken with one voice. We urge the Siting Council to reject this application. Give our communities the opportunity to meaningfully engage and deliver a solution that properly balances energy demand with critical community needs.”

State Representative Sarah Keitt said, “The residents who will be affected by UI’s plans to install monopoles through Fairfield and Bridgeport must have their voices heard. The only right option is for the CSC to deny Docket 516 and require UI to submit a new application.”

The Town of Fairfield remains steadfast in its commitment to fight for the protection of all of its residents, businesses and places of worship, and is determined to continue to advocate for UI burying the transmission lines, rather than building overhead lines that will destroy the precious resources of the Town.

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