The Public Utility Commission this week expressed disappointment in the decision by the U.S. Department of Energy to finalize its National Interest Electric Transmission Corridor for the Mid-Atlantic region and include 52 out of the state’s 67 counties.

“I am saddened that the Department of Energy has chosen to ignore the input from the affected states in making their final decision on this very important issue,” said Commission Chairman Wendell F. Holland. “This determination has the potential to strip the decision-making power from local officials who are charged with serving Pennsylvanians and putting it in the hands of federal regulators.”

“A designation that stands to place unbounded authority in the hands of the federal government and takes away the rights of states to make choices that will be in the best interest of their citizens troubles me,” said Commissioner Tyrone J. Christy. “I believe that this decision may lead to undue federal involvement with state transmission siting proceedings that may or may not have fully considered the best interests of Pennsylvania citizens.”

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 is considering its options which include petitioning 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.

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 The PUC called for the proposal to be withdrawn and asked for a new designation that has more narrow scope and better reflected the Congressional intent in establishing NIETC.

The PUC comments were filed as part of the Department’s considerations of NIETC designations. Section 1221 of the Energy Policy Act of 2005 directed DOE to conduct studies of electric transmission congestion every three years, and authorized the federal agency to designate NIETCs based on those studies.

The PUC 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 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.

NewsClip: Feds Push Power Line Areas in Mid-Atlantic States, Southwest

10/5/2007