Anti-MPRP group considering legal response to PSEG court order filing for land access
The Public Service Enterprise Group (PSEG), an energy company based in New Jersey, announced Wednesday its intention to file a court order asking for access to properties on or near the route of the Maryland Piedmont Reliability Project (MPRP).
The MPRP is a proposed 500,000-volt transmission line that could cut through northern Baltimore County, central Carroll County and southern Frederick County, ending at the Doubs substation.
PSEG has a contract with PJM Interconnection, the company that coordinates the movement of electricity in 13 states and Washington, D.C., to build the MPRP to address anticipated power demand on the regional grid.
PJM has predicted a significant increase in power demand partially due to new data centers to be sited in Maryland and Virginia, which could require up to 7,500 megawatts of power.
Additionally, more than 11,000 megawatts of power generation have been recently deactivated, meaning less power is being created as the demand rises.
PSEG said it needs access to the hundreds of properties along the route to conduct environmental studies and field surveys to move the MPRP forward.
In order to obtain a certificate from Maryland authorizing the company to build the MPRP, the state is requiring PSEG to conduct these studies to verify the scope of the project's environmental and socioeconomic impacts.
PSEG plans to file a court order on Tuesday asking for temporary access to about 90 properties to conduct these surveys. This could be the first of many filings if PSEG can't successfully negotiate voluntary rights-of-entry with other property owners.
Jason Kalwa, the project's director, said in an interview that gaining temporary access to properties through a court order would not be the same as PSEG using eminent domain.
Eminent domain is a governmental power to seize private property for public use with just compensation.
PSEG will not have access to the properties anymore after completing the field surveys. A judge would decide how much time to grant the company access.
"The property owners are not giving up any other rights. This is temporary access. This is effectively to allow our experts, environmental and otherwise, to walk on the property, take an assessment of what they see there,' Kalwa said.
"... It's not eminent domain. It gives us no permanent rights to the property. It merely gives us access to the property to conduct surveys, which are necessary for many types of permits out there."
PJM has set a deadline of June 1, 2027, for PSEG to finish the MPRP and start operating it.
'We're going to stand together'
Since the project was announced in June, thousands of residents have joined to form a fierce wave of opposition to the project.
At public meetings, they've yelled at PSEG representatives and expressed frustration and fear of how the MPRP cutting through private properties could destroy businesses or drive people out of their homes.
Stop MPRP, which has members from all three counties the MPRP would be in, was formed for the purpose of stopping the project and advocating on behalf of people who will be affected by the transmission line.
Its website, stopmprp.com, includes resources like how to access the proposed route map and what actions people can take to oppose the project.
It also sells items like shirts, bumper stickers and yard signs so people can show their opposition to the project.
When cars drive on areas where the MPRP would go in Frederick County, several properties may have yard signs stuck at the edge of their properties.
They say "No eminent domain for corporate gain" and "Stop Maryland Piedmont Reliability Project," next to a picture of a power line tower being crossed out.
Stop MPRP also has a Facebook group, which had about 10,300 members as of Wednesday afternoon.
After PSEG announced the MPRP's final path in October, it sent out about 800 letters in the fall to the owners of about 600 tracts of property who will be impacted by the route. Some of the land parcels have multiple owners.
Joanne Frederick, president of Stop MPRP's Board of Directors, sent a statement after the final route announcement that said the organization's members are committed to stopping the project completely, regardless of the proposed route.
Land agents on behalf of PSEG have been reaching out to affected property owners to discuss rights-of-entry to properties.
Some owners have been offered compensation of $1,000 for a temporary right-of-entry. Most people have either not responded or denied PSEG's requests.
When Frederick learned about the news of the requested court order Wednesday morning, she said, she wasn't surprised.
Although Stop MPRP doesn't know yet what specific legal response it may pursue — they need to see PSEG's court order filing first — she said the organization "won't sit idly by" and does plan to respond.
She questioned a court's ability to compel people to give up land rights and said PSEG has acted aggressively, now "threatening to take land owners to court," she said.
"These people are scared," Frederick said. "... We're going to stand together."
Frederick County spokesperson Vivian Laxton said the county's stance on the MPRP is still the same in light of news of the court order filing, such as that PSEG should've had a more transparent public engagement process before moving forward with the project.
In September, County Executive Jessica Fitzwater and the Frederick County Council signed a letter urging the state to reject any certificate application from PSEG for the MPRP.
The letter criticized PSEG and PJM for not providing enough information or prior notice of the project to the public. It also said the MPRP "will directly and negatively impact current homes, businesses and farms ... historical preservation sites, and will diminish the property values of thousands of Frederick County residents.'
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But that was the result of various legal settlements and fines, including litigation involving the federal government and other states. New Jersey's deal with the DuPont companies comes from multiple lawsuits and administrative actions and resolves even future claims, but all of them state's own.) For the companies, there is now certainty about their liability in New Jersey, which has been suing DuPont and its related companies for years over pollution in the state. In a Tuesday earnings call, executives from DuPont de Nemours told investors and analysts that their share of the $875 million isn't material to the company since it can be paid over the next quarter century. The executives also focused on the amount of the settlement specifically related to PFAS-laden firefighting foam — $4.125 million. The company still faces a volume of litigation from the foam, which was used at airports and other non-DuPont sites across the country. 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That's because while the price for having power plants on standby jumped, the power to produce the power has fallen. — Ry Rivard
