In re Narragansett Electric Company d/b/a National Grid E-183 115 kV Transmission Line Relocation Project

Syllabus

The Supreme Court issued a writ of certiorari to review an order of the Energy Facility Siting Board concerning the relocation of power lines across the Providence and Seekonk Rivers. The petitioners, the City of Providence Friends of India Point Park Procaccianti Companies, Inc. d/b/a The Hilton Garden Inn and McMac, Inc. d/b/a The R.I. Seafood Festival, sought review of the Energy Facility Siting Board's order determining that the so-called \underground alignment\ and \bridge alignment north\ were not feasible, and approving the \bridge alignment south.\ The respondents, the Energy Facility Siting Board the City of East Providence and Narragansett Electric Company d/b/a National Grid, argued that three of the petitioners did not have standing and that the petition for certiorari was not timely. <br><br>The Supreme Court held that Friends of India Point Park and McMac, Inc. d/b/a The R.I. Seafood Festival did not have standing but that Procaccianti Companies, Inc. d/b/a The Hilton Garden Inn did have standing. The Supreme Court additionally held that only the petitioners' argument as to the sufficiency of the January 17, 2018 order of the Energy Facility Siting Board was timely. Finally, the Supreme Court concluded that the Energy Facility Siting Board failed to make findings of fact and conclusions of law in its January 17, 2018 order, in accordance with G.L. 1956 § 42 35-12. The Supreme Court, however, upheld the January 17, 2018 order approving the bridge alignment south, because the parties had agreed on the record that the underground alignment was not feasible, and no party pursued the bridge alignment north. <br> <br>Accordingly, the Supreme Court affirmed the January 17, 2018 order of the Energy Facility Siting Board.