The Public Utility Commission expressed continued disappointment in the U.S. Department of Energy's decision to finalize its National Interest Electric Transmission Corridor for the Mid-Atlantic Region, which includes 52 out of the state's 67 counties.

In testimony submitted to the Senate Energy and Natural Resources Committee, Commissioner Tyrone J. Christy called the implementation of the plan outlined in Section 1221 of the Energy Policy Act of 2005 "flawed."

"The statute is flawed because it is based upon the unproven assumption that State commissions and State judicial systems cannot be trusted to properly review transmission siting applications and that federal oversight is needed over all state siting proceedings," said Commissioner Christy. "Additionally, Section 1221 gives transmission project owners nearly unfettered discretion to pursue their interests either in State courts or at the Federal Energy Regulatory Commission, while giving other parties no choice of forum at all. This open invitation to forum shop is contrary to traditional notions of justice and due process."

Section 1221 of the Energy Policy Act of 2005 directed the DOE to conduct studies of electric transmission congestion every three years, and authorized the federal agency to designate NIETCs based on those studies.

Commissioner Christy also criticized the DOE of its initial designation of the corridor, stating that the designation constitutes three quarters of Pennsylvania, including many state parks and game lands, as well as historical and archeological sites, which are areas where no significant transmission currently exists. The comments were filed as part of the Department's considerations of NIETC designations.

On July 6, 2007, the PUC filed comments with the DOE calling the plan overly broad and unreasonable. The PUC called for the proposal to be withdrawn and asked for a new designation that has a more narrow scope and better reflected the Congressional intent in establishing NIETC.

The Commission also said DOE "has misinterpreted and failed to follow the legal requirements set forth by Congress for NIETC designation, has failed to make the detailed factual findings required by Congress and should not be adopted by the Department."

The PUC has taken an active role in representing the interests of Pennsylvania before the federal government, filing comments on the issue and participating as a party in this case. The Commission petitioned the DOE for a rehearing, or seeking to overturn the designation as being beyond the scope intended by Congress by filing before the U.S. Court of Appeals.

The proposed NIETC includes 52 out of Pennsylvania's 67 counties in the corridor's Mid-Atlantic region. Cameron, Clarion, Crawford, Elk, Erie, Forest, Lawrence, Lycoming, McKean, Mercer, Potter, Sullivan, Tioga, Venango and Warren counties are not included in the draft corridor designation. Besides Pennsylvania, the Mid-Atlantic region encompasses all or portions of Maryland, New Jersey, New York, Virginia and West Virginia.

8/8/2008