National Interest Electric Transmission Corridors Undercut State Authority, Private Property, Protected Lands Lead to Irresponsible Energy and Climate Policy
Sec. 1221 of the Energy Policy Act of 2005, added in conference without Congressional hearings or debate, now poses a broad and serious threat to responsible energy and global climate programs, state transmission siting authority, state and local land use and conservation, historic and protected lands, and private property. Sec. 1221 provided DOE the discretion to designate National Interest Electric Transmission Corridors (NIETC) within which utilities could have access to federal eminent domain authority for the siting of high-voltage transmission lines. These corridors were to be designated based on a triennial Congestion Study performed in consultation with affected states and regional entities. Despite more than 2000 comments of concern and opposition from states and a broad coalition of public and private interests, DOE issued its final designation of two massive NIETC on October 5, 2007. The Mid-Atlantic and Southwest Corridors encompass portions of 10 states and 220 counties, affecting more than 72 million people. The states included are Arizona, California, Delaware, Maryland, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia. Within NIETC, Sec. 1221 provides authority for the Federal Energy Regulatory Commission (FERC) to review and override state siting decisions as well as other federal and state laws and policy and confer federal eminent domain to private companies for transmission line siting.
Problems with the NIETC: The NIETC provisions, and the manner in which
DOE has implemented them, represent a sweeping disregard for federal, state, and local authorities, laws, and programs, an unprecedented extension of federal eminent domain to electric utilities, and a commitment to irresponsible energy and climate policy decades into the future. Misuse of Federal Eminent Domain: In an unprecedented reversal of existing policy and law, FERC may confer federal eminent domain authority to the private transmission company to condemn private or public lands for placement of towers and broad rights-of-way. FERC is now authorized to review a transmission project application that a state utility commission has rejected, modified, or not acted upon within one year. Public Lands and Private Property at Risk: If state and local authority is preempted, millions of acres of irreplaceable environmental, historic, and scenic resources, conserved lands, protected watersheds, and other sensitive areas within the Corridors will be threatened with destruction or harm. Private property owners will suffer the loss and devaluation of their lands and conservation easements. In addition, taxpayer dollars have been used to conserve, protect, and maintain national heritage and historic sites, parks, wildlife habitats, scenic areas and other lands that are now at risk from this misguided action by DOE. Conflicts with State/Local Authorities: Given that the 10 states included in the designated Corridors were not consulted by DOE, it is not surprising that many conflicts will ensue from transmission expansion and FERC approval of projects. Such actions will counter existing state laws and programs pertaining to transmission siting, land use, transportation, conservation, agriculture, water supply, environmental quality, and energy efficiency.
Irresponsible Energy and Climate Policy: At a time when the nation must focus on increasing our energy independence and security and reducing greenhouse gas emissions, NIETC designation is an enormous step backwards. No Independent Analysis of Need -DOE’s NIETC designation is based on an assumption of need that has not been independently verified, but rather is based on models and data analysis prepared by the private entities that have a great deal to gain from expanded transmission. Comments submitted to DOE by many experts indicate that there are a range of highly cost-effective and sound alternatives to avoid potential future congestion including energy efficiency and conservation measures, demand/response technologies, and existing and approved local generation. DOE did not consider any of these alternatives or verify the need for thousands of miles of added transmission, before proposing or designating NIETC. Expansion of “Old” Coal-fired Generation - The interstate transmission lines approved by PJM Interconnection and submitted to DOE for inclusion within the NIETC will transmit coalfired generation from Ohio River Valley plants built prior to 1972. These plants produce more than 120 million tons of CO2 per year. Many of these plants have been the subject of litigation over prior decades due to air quality and public health concerns. Utilities already have plans for ratepayers to finance over $9 billion in costs for transmission lines to these plants, locking the nation into increased carbon emissions counter to future federal climate policy. Undermines State and Regional Energy/Climate Initiatives – Many of the Corridor states with established plans to reduce energy consumption and increase efficiency have registered concern that NIETC designation is in direct conflict with those programs. In designating the Corridors without consultation with the states, DOE has circumvented the progressive efforts of states, cities, and regional entities to institute responsible energy/climate policies. In addition to increasing greenhouse gas emissions, expanding “old” coal-fired generation into the regional power market makes investment in cleaner alternatives, efficiency and demand/response technologies less economically viable. Responsible state energy management objectives, clean air programs, and the goals of the Regional Greenhouse Gas Initiative will all be undercut by the dramatic increase in coal-fired generation into the Mid-Atlantic Region.
Congress Needs To Act Now
On Nov. 5, 2007, States within the Corridors, public utilities commissions, and over twenty groups representing historic, land, and environmental interests filed petitions in opposition to DOE’s NIETC designation process. It is expected that DOE will strongly object to these efforts, making this a costly and time-consuming battle by the states and other parties negatively affected by the NIETC designations. The unintended and adverse consequences of Sec. 1221 and DOE’s actions are now clear. Time is short as the States have a one-year deadline for transmission project review before FERC may intervene. Now is the time for Congress to support affected parties and national interests and stay DOE’s irresponsible implementation of Sec. 1221 and the NIETC program for a year until appropriate review and consideration has been undertaken by the Congressional bodies of jurisdiction.