MARYLAND — A federal judge heard arguments Monday, in a lawsuit filed by the developers of the Maryland Piedmont Reliability Project (MPRP), who are seeking to get access to private property along the route of the proposed transmission line. The judge has yet to rule in the case.
The developers, Public Service Enterprise Group (PSEG), are trying to build a 67-mile, high-voltage transmission line, which would span Baltimore, Carroll and Frederick Counties. It’s a project that PSEG argues will maintain grid reliability.
Since residents have largely opposed the project, PSEG filed a lawsuit seeking access to private property along the route in order to conduct land surveys, which are needed for the project to move forward.
In court, attorneys for PSEG argued they will have the power of eminent domain, should the Maryland Public Service Commission (PSC) approve the project. In light of that, they argue they should have the authority to enter private property for the purpose of conducting studies and gathering information needed to participate in the PSC approval process.
“I think what PSEG is asking for is evident they are asking for something really aggressive beyond what should be granted to a private company,” said landowner Charlie Bond.
While the surveys needed for each property would differ, PSEG argues the surveys would be minimally invasive and attorneys in court said they were not seeking “unfettered” access to private property, despite a broad request in their lawsuit. Attorneys argued if the surveys cannot be completed, the transmission line may not be built by the June 2027 date, and the project would be “stuck in limbo.” According to the lawsuit, if the transmission line is not built, there could be grid failure.
While PSEG has the opportunity to recover the majority of costs accosted with this project in the event the transmission line isn’t built, attorneys argued they would still lose money in the process, causing “irreparable harm.”
Five attorneys representing landowners were present in court, and all of them dispute the arguments made by PSEG. While they have filed a motion to dismiss the case all together, they argue the law as written, does not allow PSEG to access private property, since the company currently does not have the power of eminent domain.
“The judge was very thoughtful and that’s all we need here,” said Joanne Frederick, the Stop MPRP president. “The facts will stand on the side of landowners.”
“The larger issue is why should Marylanders have to give up their private property to enrich a New Jersey utility, to further enrich data centers in Virginia? And we say no,” she added.
The attorneys representing landowners also argued the need for the project was questionable and unproven, especially since power plants like Brandon Shores and Wagner are expected to stay open for longer. It has long been argued the transmission line won’t benefit Marylanders, and instead will benefit the data centers, which are driving a large part of the demand and need for the line. The attorneys also pointed out that only a fraction of the landowners living along the route are named in the lawsuit, so the attorneys argued even if the judge did rule in their favor, they still will not have access to all the necessary properties to move the project forward in the PSC process.
A big point of contention also centered around the lack of restrictions placed on entry requests by PSEG. Despite PSEG arguing the surveys would not be invasive, the attorneys representing the landowners said the way the wording in the lawsuit is written, they would have to “trust” PSEG on their word, something they were not willing to accept in court.
It is not clear when the judge will issue the ruling.
