Hartford Electric Light Co. v. Water Resources Comm‪.‬

This appeal concerns the conflicting claims of
jurisdiction of two state regulatory agencies as
to the granting of permits for the erection of
power transmission lines over navigable rivers in
[162 Conn. 91]
the state of Connecticut. The material facts are
as follows: Prior to December, 1965, the
plaintiff, the Hartford Electric Light Company,
hereinafter called HELCO, determined that in
connection with the utilization of electric power
to be produced at a power plant in Haddam, it
would be necessary to construct two 345-KV
transmission lines for the purpose of
transmitting the electricity produced. The
construction of these high-voltage lines would
require the crossing of the Connecticut River at
three locations. At each of the three crossings,
two large steel towers would be constructed to
support the lines, one on each side of the river.
Eight separate cables would be strung across the
river at each of the three crossings. None of the
cables or supporting structures could be
physically in the waters of the Connecticut
River, the cables having a minimum clearance of
111 feet. In January, 1966, HELCO notified the
defendant, the Public Utilities Commission,
hereinafter called the P.U.C., of the proposed
construction. In January, 1966, HELCO applied to
the defendant, the Water Resources Commission,
hereinafter called the W.R.C., for permission to
construct the lines. After appropriate notice and
hearing, the P.U.C., on June 23, 1966, approved
the HELCO application. On the same day, after
notice and hearing, the W.R.C. also approved the
HELCO application. While the P.U.C. certificate
did not attach any condition to its issuance,
Certificate No. 2444 issued by the W.R.C. did contain
a condition.1 On July 6, 1966, HELCO appealed to the
[162 Conn. 92]