Text of Charles Schumer's Letter to Spencer Abraham, Secretary Department of Energy

The Honorable Spencer Abraham
Secretary
Department of Energy
1000 Independence Avenue, SW
Washington, DC 20585

Dear Secretary Abraham:

I am writing to respectfully urge you to issue an emergency order that will allow the Cross Sound Cable to operate in order to prevent power outages and severe economic damages in the area served by the Long Island Power Authority (LIPA). I also ask that you provide this order early enough to allow LIPA and the New York and New England Independent System Operators lead-time to plan to re-route electricity through the Cross Sound Cable before Long Island runs out of electricity.

Long Island continues to face significant challenges in meeting its demand for electricity, and the consequences of near-shortages or blackouts could pose severe threats to the safety and economic well being of its residents. The ability to operate this cable in the face of an emergency would provide a significant level of protection against such consequences.

As you know, as a condition of the permit issued for the Cross Sound Cable by the Connecticut Department of Environmental Protection (DEP), the cable must meet a depth requirement of 48 feet below the water surface and six feet below the seabed. The cable satisfies this requirement in all but seven places which taken together comprise approximately 700 feet of the cable 24-mile length, and only miss the depth requirements by as much as six feet. The Connecticut DEP currently asserts that until these depth shortfalls are rectified, operation of the cable would constitute a permit violation and cannot be initiated. Furthermore, the Connecticut DEP argues that it cannot consider any application submitted by the Cross Sound Cable Company, LLC to satisfy the depth requirements using methods not previously approved due to a moratorium on the consideration of utility projects crossing the Long Island Sound. This moratorium does not expire until June, although it is expected to be extended before then by the Connecticut Legislature.

The Connecticut DEP continues to aggressively oppose the operation of the Cross Sound Cable on regulatory grounds, despite the fact that by its own admission, operation of the cable in its present state would not have a detrimental impact on environmental resources or aquatic wildlife. The Army Corps of Engineers, which is also responsible for issuing a permit for the cable, also determined that operation of the cable at its current depth would not have any negative impacts on the environment or ability to navigate the Long Island Sound.

Accordingly, the Army Corps of Engineers has no opposition to the operation of the cable at its current depth. For its part, the Cross Sound Cable Company, LLC remains committed to working with the Connecticut DEP and Army Corps of Engineers to meet depth requirements for the cable in the near future.

Cross Sound Cable filed a lawsuit in New Haven in January asking the court to force the Connecticut Department of Environmental Protection to ignore the moratorium and to act on the company's request to operate the cable. A Connecticut State Superior Court ruled against Cross Sound Cable on April 11. However, the Department of Energy can still issue an emergency order that will allow the Cross Sound Cable to operate in order to prevent power outages on Long Island.

Long Island and the region as a whole continue to face rapidly increasing demands for electricity, which perpetually threaten to exceed the region generation and transmission capabilities. In light of this fact, I feel that it would be extremely prudent to ensure that the Cross Sound Cable is available for emergency use until a resolution can be reached regarding the cable permanent operation. I am deeply concerned that if the cable is not made available for emergency operation, the residents of Long Island could face serious threats to public safety and economic security.

I thank you for your attention to this important matter and look forward to your reply.

Sincerely,
Charles E. Schumer
United States Senator