ELR Citation: ELR 20253
(Conn. Dec 22, 1971)

A statute which delegated to the Water Resources Commission (WRC) the authority to regulate the erection of structures "in navigable waters" so as to control pollution and protect the recreational potential of these waters authorizes the WRC to permit construction of a high voltage electricity transmission line over the Connecticut River with the condition that in five years it be removed or placed underground. The exclusive jurisdiction of the Public Utilities Commission over the technical aspects of electricity transmission lines is restricted by statute to the location of these lines on private property and, therefore, does not pertain to the location of such lines in state owned navigable waters. The notice of hearing issued by WRC on plaintiff's application for a transmission line construction permit did give adequate notice with respect to the planned transmission line, but did not give adequate notice, with respect to plaintiff's existing transmission line over the river, to give WRC jurisdiction to issue an order regarding the existing line. Therefore, that portion of the WRC permit which concerns the existing transmission line is set aside.

Counsel for Plaintiff
Walter F. Torrance
H. Bissel Carey, Jr.
Edmund W. O'Brien
c/o Hartford Electric Light Co.
Hartford, CT

Counsel for Defendant
Thomas F. Parker
Water Resources Commission
State Office Building
Hartford, CT 06115

Counsel for Defendant Public Utilities Commission
Bourke G. Spellacy
Stuart N. Updike
Charles F. Corcoran
1 Constitution Plaza
Hartford, CT 06103

Counsel for Defendant Cynthia B. Carlson and Amicus Curiae Connecticut Valley Action Committee, Inc.
Julian D. Rosenberg
East Hadam, CT

In this opinion, the other judges concurred.