MONTPELIER, Vt. (AP) - Jun 21 - By DAVID GRAM Associated Press Writer

 

The company building a big new power line to serve northwestern Vermont has violated its state permit in several instances, damaging wetlands and Native American archaeological sites in the process, the state Agency of Natural Resources says.

In a 4 1/2-page letter to the Public Service Board, agency lawyer David Englander also sharply criticized an investigation the board ordered the Vermont Electric Power Co. to do into its own conduct. VELCO's report on the probe "minimizes the nature and character of the violations and does not provide a complete and accurate picture of the incidents," Englander wrote in the June 16 letter.

VELCO handles the bulk transmission of high-voltage electricity for Vermont's utilities. The project comprises a series of power lines and substations running from West Rutland to South Burlington, with additional substation work in Hartford and Barre Town, designed to beef up electrical service in fast-growing northwestern Vermont.

Englander was on vacation Wednesday and could not be reached.

VELCO's manager of regulatory affairs, John Stamatov, called the ANR letter "one-sided."

"We take this stuff very, very seriously," Stamatov said. "We are working very hard to comply with all of the laws and regulations. This is not something we take lightly. ... If I could show people the things we're doing in the field, I think they would be very impressed with all the precautions and resources we've dedicated to complying with these requirements."

Several problems appeared to center on two pieces of the project: substations in New Haven and Hartford.

In New Haven, the letter cited a 50-foot-high pile containing 100,000 cubic yards of soil "located within a known archaeological site." VELCO built a second access road to the substation site, "a temporary topsoil stockpile area, a large associated fill pad with a staging area, a pad for two construction trailers used as temporary offices - all without approval" that was needed from the Division of Historic Preservation, which regulates archaeological sites.

"There is no mention of the fact that VELCO submitted one set of plans for the substation to (the Division of Historic Preservation) and a different set of plans to the (U.S. Army Corps of Engineers)," Englander wrote. "The plans submitted to DHP and VELCO's archaeological consultant ... did not show any of the above project components," while the plans submitted to the Corps of Engineers showed some project components, but not the 50-foot pile of soil.

In Hartford, Englander said the VELCO report "describes the stockpiling of significant excavated soil and rock in an unapproved area within an existing drainage area and then 'sculpting and leveling' the drainage area."

Englander quoted the company's report as saying "no major areas of sensitivity were compromised," and contrasted that with a report from the University of Vermont consulting archaeology program that "the general area is very sensitive for ... Native American sites." Englander wrote, "This apparent discrepancy goes unexplained."

Englander's letter appeared to raise questions about the seriousness with which VELCO took its responsibilities to meet the requirements of several different regulatory agencies. "It is of concern that several of the incidents occurred two weeks or more after" infractions were initially reported in March, he wrote.

How much trouble the problems could cause for VELCO's project, estimated to cost up to $228 million, is uncertain. The Department of Public Service, which represents ratepayers in Public Service Board matters, has been a strong supporter of the project. On Wednesday, its chief lawyer, Public Advocate Sarah Hofmann, said, "We are cooperating with ANR. We are concerned. And we're right on board with their letter."

State cites power line violations, blasts self-investigation