Hydro-Quebec and a trio of Massachusetts utilities filed dueling lawsuits in federal court last week, alleging contract violations stemming from service interruptions this winter on a high-voltage power line through western Maine.
Eversource, National Grid and Unitil allege that Hydro-Quebec stopped delivering electricity over the New England Clean Energy Connect line just a few days after it went into operation this January.
The delivery shortfall coincided with a extended period of extreme cold, and the utilities were forced to rely on more expensive and higher-emitting power sources, according to the suit.
The utilities allege Hydro-Quebec violated its 20-year contract to provide constant power to their customers and they are owed $40 million in damages from the event.
"We entered into this agreement to bring reliable, affordable power to customers, and our legal action seeks to uphold the commitments made under that agreement and help ensure customers receive the benefits they are owed," said National Grid spokesperson Bob Kievra in a statement.
But Hydro-Quebec, in its own suit, said electric needs in the province during the deep freeze required it to suspend service on the transmission line. The "force majeure" or uncontrollable event means it was not obligated to deliver electricity under the terms of its agreements with the utilities.
Instead, Hydro-Quebec is alleging that the three utilities owe it about $50 million for clean energy deliveries they never paid for.
"The agreements do not permit withholding payment that is owed. Hydro-Québec U.S. is therefore asking the courts to enforce the parties' contractual obligations," said company spokesperson Ben Dudley.
The transmission line was developed in an effort to bring clean electricity to Massachusetts homes and businesses and meet the state's greenhouse gas reduction goals.
But plans to build the line across 53 miles of undeveloped forest near Jackman set off fierce opposition and lead to years of lawsuits and political battles including a successful statewide 2021 referendum to block the line. The referendum was later overturned by a Maine jury and the line went into service this January.
Joe LaRusso, manager of the clean grid program at Acadia Center, an energy nonprofit, said that despite service interruptions this winter and over the summer, the transmission line is largely delivering clean power to the New England electric grid.
And even though Quebec is still importing power from New England that is largely generated with polluting natural gas power plants, those imports are outweighed by the power coming down the NECEC line, LaRusso added.
"That clean power is not only reducing the amount of emissions, but also the cost of electricity here in the region," LaRusso said.
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