Monday, July 13, 2009

Western States To Lose Control Over Transmission Siting?

Two stories from Newwest.net on the volatility of national energy policy, including the following concerning a threat by Obama-era FERC to take over the routing of western transmission lines, and a companion story (below this blog post) on environmental pushback to the Bush-era, federally-designated Westwide Energy Corridor.

By Sharon Fisher, 7-13-09 http://www.newwest.net/topic/article/western_states_to_lose_control_over_transmission_siting/C564/L564/

Newly added provisions to the Waxman-Markey cap-and-trade bill, next slated to be voted on by the U.S. Senate, give the Federal Energy Regulatory Commission final say over the siting of electric transmission lines in Western states—but not in any other part of the country, attendees of the Pacific Northwest Economic Region conference in Boise learned today.

There is a “real threat” of the federal government taking over, said Paul Kjellander, administrator of Idaho’s office of energy resources, noting that seven transmission lines are currently slated to crisscross Idaho. One of the biggest issues is Gateway West, the siting of which is being fought by Parma and Kuna, which found out at recent public meetings that towers up to 180 feet tall along a corridor up to 250 wide were slated to cross the cities’ impact areas.

“Everyone agrees it’s essential,” Kjellander said. “What they can’t agree on is where it goes,” especially since some alternative routes could add up to $1 billion more to the project. . .

The Fourth Circuit court overturned a legal decision earlier this year regarding FERC power over site selection. “FERC had argued that the 2005 Energy Policy Act permitted it to order “national interest” transmission projects to go forward, and that Congress’ mandate included implicit authority to overrule state decisions to the contrary,” according to the Marten Law Group.

“ The Fourth Circuit disagreed, finding that if states turn down transmission projects on reasonable grounds, they cannot be overruled by FERC.” The case may end up going to the U.S. Supreme Court, the law group said . . .

Under the newest draft, a “high-priority national transmission project"developer must first apply to a state to route transmission facilities,” the Marten Law Group said. “But if the state fails to approve the construction and routing within one year of application, rejects the application, or imposes “unreasonable” conditions on the project, FERC can step in and authorize the transmission line routing. . .