EKPC to appeal court ruling blocking company from acquiring part of Berea College Forest

BEREA, Ky. (WKYT) - East Kentucky Power Cooperative plans to appeal a ruling where a Madison Circuit judge determined the company could not acquire an easement across part of Berea College Forest for an electric transmission line.

EKPC sought an easement through an eminent domain lawsuit, arguing the power line would help maintain reliable electric service in southeastern Madison County and alleviate system constraints, according to a press release from EKPC.

EKPC is asking the Kentucky Court of Appeals to allow construction of a transmission line across Berea College land. The company says the line is needed to prevent power overloads for thousands of homes in Madison County.

The company said the substation feeds over 4,000 homes and businesses, more than any other in EKPC’s system, and that it is becoming overloaded.

“Over 4,000 homes in southern Madison County currently are fed electricity by a single substation. And it’s close to overloading,” said Nick Comer of East Kentucky Power Cooperative.

Proposed solution

EKPC says the solution is a new substation off Red Lick Road, powered by about eight and a half miles of new transmission line. About a mile of that route cuts through Berea College’s forest.

The company said it would serve about 1,500 of those homes.

“If the substation overloads, that would mean power would be lost probably for most if not all of those more than 4,000 homes. And of course, that means no light, no heat, no air conditioning. And we take that very serious,” Comer said.

Court ruling

Judge Kristin Clouse ruled against EKPC in their initial lawsuit in Madison Circuit Court, determining that Berea College Forest had a historical, educational, environmental and communal significance that is rarely seen in such actions, the college said.

The college refused to grant an easement, and the Madison Circuit Court judge agreed with the college. Clouse’s ruling stated the forest has historical, educational, and environmental significance that makes it unique.

Clouse’s ruling also stated EKPC acted arbitrarily in failing to determine if its chosen route would impose avoidable, disproportionate harm before going forward with the taking, according to Berea College.

College’s position

Berea says its forest — more than 9,000 acres managed for over a century — is worth protecting. The college calls it a “unique, irreplaceable place.”

EKPC says it only needs about 15 acres. But Berea says the damage goes deeper; the route would cut through the forest and popular hiking trails.

Company’s mitigation efforts

EKPC said it is committed to taking numerous steps to minimize the impacts of the electric transmission line project, including planting trees around the substation to screen the view, and using mechanical clearing and maintenance methods as opposed to herbicides to control woody vegetation.

“We’ve tried to work with Berea College and come up with a solution that works for them. We were unable to do so,” Comer said.

The company said this means no herbicides, wood-looking poles, and trees planted to screen the substation.

“We’ve objectively looked at the impact on the environment, on property owners, and balanced that with the cost of the project because ultimately that cost is paid by the people who use our electricity,” Comer said.

Comer said the project is part of providing reliable, affordable electricity.

EKPC says it hopes to begin construction as soon as possible if the appeals court rules in its favor.

Berea College statement

Berea College denied our request for an interview and said to refer to a statement from April 2. That statement stated “Berea President Dr. Cheryl L. Nixon welcomed the decision, noting the college has consistently opposed the proposed route, known as the Big Hill Line, on environmental, economic and mission-driven grounds, raising concerns about its potential long-term impact on the College Forest, its flora, fauna and surrounding watershed.

“We’re grateful for the court’s thoughtful review and care taken in considering the unique character of the Berea College Forest,” Nixon said. “As we look ahead, we remain committed to stewarding this unique, irreplaceable place of environmental learning, historical significance, regional tourism and community use with the same care and purpose that has guided us for generations.”

EKPC had sought to take the land to erect a transmission line and towers across more than 1.5 miles of the College Forest and within view of the East Pinnacle, Eagles’ Nest and other prominent vistas. The route also would have brought the line in close proximity to the college’s telescope observatory.

The forest, encompassing thousands of acres in Madison and adjacent counties, is used for education, research, recreation, sustainable forestry, wildlife preservation and watershed protection.

In her ruling, Judge Clouse noted that EKPC, using a methodology known as the Electronic Power Research Institute computer model, as adapted for use in Kentucky, had acted arbitrarily in failing to determine whether its chosen route would impose avoidable and disproportionate harm before proceeding with the taking.

In the ruling’s closing statement, the court held that “The College Forest has an historical, educational, environmental and communal significance that is rarely encountered in eminent domain actions, in contradiction to EKPC testimonies that ‘there is nothing unique or exceptional about the project.’ The EPRI- KY methodology is an industry standard precisely because it is designed to produce objective, data-driven results independent of improper influence.”

“But that objectivity does not relieve EKPC of its obligation to exercise reasoned judgment; nor may the decision whether to scrutinize the model’s output be delegated to the model itself. As this case demonstrates, even a reliable methodology must remain subject to careful, independent review when the circumstances warrant,” Clouse said."