The New Hampshire Supreme Court has dismissed an appeal filed by several businesses to force regulators to review a mercury pollution control project at the Public Service Co. of New Hampshire‘s power plant.
The utility is a subsidiary of Berlin-based Northeast Utilities Inc.
New Hampshire legislators approved the project to install mercury scrubbers at the coal-fired plant in Bow in 2006. At that time, the estimate was $250 million. It’s now estimated at $457 million.
Last year, the Public Utilities Commission decided it had no authority to review the project because the Legislature determined it was in the public interest.
The businesses, concerned that their electricity rates would soar, wanted the PUC to give ratepayers an up-to-date assessment of costs and alternatives.
The New Hampshire high court, in its unanimous opinion, said the appeal is not an appeal of a rate plan. “It concerns the PUC’s interpretation of statutes that are unrelated to a rate plan.”
The court said any potential injury the companies would suffer “would arise only in a subsequent rate setting proceeding.”
In a statement on behalf of the businesses, Stonyfield Chief Executive Gary Hirshberg said they are disappointed that the court’s decision “will have the effect of providing PSNH a ‘blank check’ at the expense of ratepayers.”
“As PSNH customers, we do not believe that the Legislature purposefully overlooked or ignored ratepayers’ interests when it compelled PSNH to reduce its mercury emissions,” the statement said.
The group had commissioned a study last year that suggests there could be billions of dollars of potential higher-related costs if the plant stays in operation another 15 to 20 years. (AP)
