EKPC sues Berea College for access to its forest
College officials respond with demand for transparency from power co-op
Earlier this summer, the Eastern Kentucky Power Cooperative filed a complaint in the Madison County Circuit Court, demanding access to a portion of the Berea College Forest for the purpose of running a transmission line through it.
Noting in its complaint that it is a “public utility authorized to engage in the generation, production, transmission and distribution of electricity in the Commonwealth, with the authority to have and exercise the right of eminent domain,” EKPC demands access to two tracts of land totaling about three-quarters of a mile, beginning near the Jackson County line to the south of Owsley Fork Reservoir, through a tract parallel to Radford Hollow Road.
The College shot back that, “Despite repeated requests, EKPC has not provided the College with any data on the impact this project could have on Berea’s water supply or threatened and endangered species.”
The 9.5 mile long, 69kV transmission line to be built through Red Lick and Big Hill, complete with a substation to be built on Red Lick Road, was first announced publicly in the fall of 2023. The utility co-op told the public that the line is necessary in order to relieve pressure on the currently over-burdened substation serving residences in the area.
In its response, the College continued, “There has also been no data provided demonstrating the necessity of the project or why the proposed route is the most viable option. EKPC is also looking to condemn the property of eight landowners for this project – five in Madison County and three in Jackson County.”
The Edge can report that at least three owners have either already settled or are in negotiations with EKPC.
The College previously appealed to federal officials in the Biden administration to prevent the project from running through the view shed of the Pinnacles and Windswept, a retreat facility overlooking the reservoir and the know to the east and north. The College also cited the cultural and educational value of the forest.
Earlier this week, EKPC released a lengthy statement, meeting most of the College’s objections, listing as its first priority, protecting the view shed.
“The transmission line route will be approximately 1 mile from the closest overlook at the Pinnacles hiking trails. Much of the view of the line from the Pinnacles will be screened by Pilot Knob,” the statement read.
In addition, EKPC said it will use material that is unobtrusive to the view, and will not use herbicides in the reservoir’s watershed.
The utility also said that it has completed the federally requisite environmental report on the potential environmental and cultural impact the development will have. “This report has been reviewed and approved by the Rural Utilities Service of the U.S. Department of Agriculture,” the statement read.
The College also demands to know whether there are any alternatives to this plan, and whether the co-op vetted them.
The utility co-op has until September 15 to officially respond to the Court per the College’s request for written discovery, filed earlier this month on the 15th.
The Edge has been following this story from the beginning. Be sure to look for tomorrow’s ‘long read’ story about the impact of eminent domain, growth and industrialization on locals, and what Frankfort and others are doing to mitigate the fallout.
The Edge is Berea's only source for investigative reporting, local news and information, and soon, a members-only podcast. Thought, reliable news is not cheap to produce. If you read this news source weekly, please seriously consider becoming a supporter. Thank you. Update: This story was updated to correct the location of the substation.