United Illuminating is on the hunt for a paper trail.
The utility is seeking insight into state regulators' final decision last Thursday to deny the company's controversial plan to upgrade overhead transmission lines through Bridgeport and Fairfield after that same Connecticut Siting Council authorized the project in an unofficial September vote.
This week, UI's attorney, Bruce McDermott, sent state Freedom of Information Act inquiries to several elected officials in the two municipalities, some of their employees, the Siting Council and to Gov. Ned Lamont's office.
"We are deeply concerned that the Siting Council has failed to provide any justification or explanation for their vote to deny the...project, despite it being the least expensive and least environmentally intrusive option before them,'" Sarah Wall Fliotsos, a UI spokesperson, said in a statement.
"By submitting these FOIA requests, we hope to gather more information on what drove the Siting Council’s inexplicable decision so that we can pursue the most appropriate path forward to ensure the reliability and resiliency of the transmission grid in Fairfield and Bridgeport,” she continued.
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McDermott is specifically seeking "any and all documents and communications, including but not limited to emails and text messages" between the targeted individuals or offices and third parties about UI's Siting Council submission Sept. 4 through Oct. 16.
A second request from McDermott advises recipients that they and their "members, employees, agents, appointees, and/or representatives" should preserve all documents and communications, ranging from emails to photographs and recordings, "in any way related to" the power line overhaul, but does not provide a timeframe.
UI first applied to the Siting Council in 2023.
"Once you have ascertained what relevant information and documentation exists, please advise me of its location and take steps to ensure that it is entirely preserved in its original location and format," McDermott continued. "Please be advised that the failure to properly safeguard and preserve this information could result in serious litigation penalties and sanctions against you."
Spokespersons for Bridgeport Mayor Joe Ganim, Fairfield Selectman Christine Vitale and Lamont indicated in separate statements that they plan to comply with FOIA rules, as does the Siting Council.
UI has said having lines and tall poles along the Metro-North train tracks is the best option for upgrading the equipment. The Bridgeport/Fairfield section is the last 8 miles of a 25-mile-long project, the rest of which has been completed or is under construction.
But critics — among them Ganim, Vitale and other area elected officials, community leaders and impacted residents — have demanded the wires instead be buried to avoid what they claim will be an adverse impact on economic development, the environment, and historic and religious properties.
Both opponents and supporters expressed surprise after the Siting Council last Thursday voted down the plan during a teleconference given the group had indicated support in an unofficial straw vote in early September. That September vote, however, had angered UI's opponents because the council had rejected the company's application in a June straw vote.
“We are stunned by the change in the Siting Council’s decision today with no explanation," Fliotsos had said in a statement last Thursday.
She called it "arbitrary and capricious" and also questioned whether some council members were “improperly pressured” to alter their votes.
While a few members in early September justified their positions during that teleconference, members did not share their reasoning last Thursday.
In September, Lamont, who appoints some council members, sided with Bridgeport and Fairfield in publicly requesting that month's final vote be put off to try to negotiate a compromise. He then last week backed an unsuccessful call for the council to again table action, this time for half-a-year, to allow more time for his office to help broker a deal between UI and its critics.
Going forward, UI has four possible choices for the transmission upgrade: Ask the Council within 15 days from last Thursday to reconsider; file a court appeal; submit a new application; or give up on the Bridgeport and Fairfield section.
Fliotsos last week indicated that last option is not under consideration, stating, “UI will continue to work to ensure that critical reliability and resiliency projects are completed at the lowest cost possible for our customers."
In a letter to McDermott, Melanie Bachman, the Siting Council's executive director and staff attorney, confirmed receipt of McDermott's requests, noting they will be reviewed to "determine what records, if any, in the Council's possession fall within the parameters."
Bachman notes some communications or documents may be exempted from release under the FOIA due to attorney-client privilege.
Ganim's and Levine's offices this week issued brief statements about UI's requests for information.
"We have operated in good faith throughout this entire process, and we will provide all discloseable documents in a timely manner," Constance Vickers, Ganim's deputy chief-of-staff, said, adding that cooperation also applies to McDermott's letter about records retention.
"We will not delete any emails or dispose of any pertinent documents, a high percentage of which are public documents included in (Siting Council case) dockets ... and/or already shared with UI through our attorneys," Vickers continued. "This is an average run-of-the-mill FOI request, to which we will comply."
Vitale said Fairfield "will comply with all FOIA requests from United Illuminating in accordance with state law. We remain open to working collaboratively with UI to meet the region’s energy needs while also protecting our community’s economic, ecological, and historical resources."
Lamont's communications director, Rob Blanchard, said the office doesn't usually comment on FOIA requests.
"We simply acknowledge them with the requestor and then fulfill the request," Blanchard said.
McDermott also contacted some state legislators from Bridgeport and Fairfield, including state Rep. Steve Stafstrom, D-Bridgeport, who said the legal team at the Capitol in Hartford is reviewing it.
"We're government officials. It's (UI's) right to request information under the Freedom of Information Act," Stafstrom said. "I think what they will find is that the Bridgeport and Fairfield delegations did our job, which was to stand up for our communities in the face of an untenable project for our constituents. ... I'm really proud of the effort. ... Oftentimes there's issues where urban and suburban legislators are not always united."