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Senators Schumer And Clinton File Legal Motion To Turn Cross Sound Cable Back On

Motion filed with Federal Energy Regulatory Commission one day before crucial hearings on reactivating the cable

Washington, DC - U.S. Senators Charles E. Schumer and Hillary Rodham Clinton and action in the continuing campaign to reactivate the Cross-Sound Cable back, filing a motion today with the Federal Energy Regulatory Commission (FERC). The Senators’ motion urges FERC to use its authorities under the Federal Power Act to turn the Cross Sound Cable back on.

Yesterday, the Federal Energy Regulatory Commission announced that on Thursday it will again consider whether to activate the Cross Sound Cable. The Long Island Power Authority (LIPA) has asked the FERC to issue an order energizing the cable, and the commission agreed to consider the request at its regular meeting tomorrow.

"With Long Island teetering at the edge of widespread blackouts this summer, the Cross Sound Cable is an ace in the hole that nobody should say we can't play," Senator Schumer, a member of the Senate Energy and Natural Resources Committee, said.

"FERC seems to recognize the Cross Sound Cable's importance by promising to take the issue up tomorrow. Our filing today drives home how crucial it is to let the cable be reactivated."

“We are now entering the summer peak demand months and without the Cross-Sound Cable, we are putting Long Island at immediate risk of power failures,” Senator Clinton said. “The Cross Sound Cable has provided reliability benefits at a time when a transmission and generation shortage persists in the region. We must get this power turned back on.”

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Long Island Power Authority ) Long Island Lighting Company ) d/b/a LIPA ) Docket No. TX04-3-000 Cross-Sound Cable Company, LLC )

MOTION TO INTERVENE OUT OF TIME IN SUPPORT OF FERC ACTION OF SENATOR HILLARY CLINTON AND SENATOR CHARLES SCHUMER Pursuant to Rules 212 and 214 of the Commission’s Rules of Practice and Procedure (18 C.F.R. §§ 385.212 and 214), Senator Hillary Rodham Clinton (D-N.Y.) and Senator Charles Schumer (D-N.Y.) (collectively, “NY Senators”) respectfully file this Motion to Intervene Out-of-time and Comments in Support of the Requested Action in the above-captioned proceeding.

In the captioned case, Long Island Power Authority, Long Island Lighting Company d/b/a LIPA, and Cross-Sound Cable Company, LLC (the “Applicants”) seek an order from the Commission directing necessary actions for an effective interconnection and commercial operation for the Cross Sound Cable pursuant to Sections 202 and 210 of the Federal Power Act. The requested order would (1) energize the Halvarsson Converter Station in New Haven, Connecticut (which interconnects the Cross Sound Cable with the United Illuminating Company’s (“UI”) electric transmission system); (2) authorize regular commercial operation of the CSC consistent with the NEPOOL OATT; and (3) require all necessary actions by UI, New York Independent System Operator, ISO New England, Inc. and any other necessary parties to accommodate the energization of the CSC for regular commercial operation.


Communications in connection with this filing should be addressed to: Senator Hillary Rodham Clinton Senator Charles Schumer United States Senate United States Senate 476 Russell Senate Office Building 313 Hart Senate Office Building Washington, D.C., 20510 Washington, D.C., 20510 (202) 224-4451 (202) 224-6542 (202) 228-0282 (202) 228-3027


At its core, as outlined by the Applicants in their Application, this proceeding is about the protection, safety and economic well-being of the citizens of New York and Connecticut. As the elected representatives of the consumers of New York (and in particular, Long Island), NY Senators have a direct and substantial interest in these proceedings that cannot be adequately represented by any other party. NY Senators’ participation in this proceeding would, therefore, be in the public interest. Accordingly, pursuant to the Commission’s rules, the NY Senators seek the right to intervene in this proceeding with full rights as parties. In light of pressing legislative matters and the recent Memorial Day recess, NY Senators only recently became aware of this filing. We will accept the record as it currently exists. Given that the proceeding is still in its early stages, granting this motion to intervene out-of-time will not unduly disrupt the proceeding. III. SUPPORT FOR FERC ACTION APPROVING REQUESTED RELIEF

NY Senators strongly support the Application filed by the Applicants with the Commission and urge the Commission to approve the requested relief as soon as practicable. Such Commission action will ensure that the undeniable benefits of the cable to the region are restored and greatly reduce the potential for power failures on Long Island this summer.

The Application demonstrates that an order approving the requested relief would offer significant benefit to the New York/New England region; it would promote competition, improve reliability, promote conservation of capital, optimize the efficiency of use of facilities, and it would not unduly burden or impair the provision of adequate service by any public utility. Most urgently, the cable would ensure that LIPA has sufficient capacity to maintain electric service without recurring and potentially severe customer interruptions during severe peak load conditions. During the eight-month period the cable was in operation pursuant to the Secretary of Energy’s emergency order, the cable demonstrated its ability to deliver these many benefits without any negative environmental or navigational impact.

No one has challenged any of the foregoing benefits the cable would bring. Further, Applicants have shown, without contradiction, that the Commission has the authority to provide the requested relief. In the circumstances, the proposition seems self-evident that on the cusp of the summer season, the Commission should seize the opportunity to assure that the benefits of cable operation are resumed.


WHEREFORE, NY Senators respectfully request that the Commission permit this intervention out-of-time in this proceeding in order to become parties with all rights in this proceeding.


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