Press Release

PUC Appeals to DOE for Rehearing on National Interest Electric Transmission Corridor, Files Suit Against Designation in Civil Court

Published on 11/5/2007

Filed under: Electric

HARRISBURG –  The Pennsylvania Public Utility Commission (PUC) filed for rehearing with the U.S. Department of Energy (DOE) over its National Interest Electric Transmission Corridor (NIETC) for the Mid-Atlantic region while also filing suit against the designation in U.S. District Court.

“The PUC remains committed to ensuring that our ability to act on behalf of Pennsylvania’s needs is not weakened when it comes to deciding where and if a transmission line should be sited,” said Commission Chairman Wendell F. Holland. “By filing with both DOE and before the federal courts, we are protecting all avenues of appeal to ensure that state’s rights are protected when it comes to transmission line projects.”

“The PUC will continue to fight action that puts unbounded authority in the hands of the federal government who may not act in a manner that has the best interests of Pennsylvania at heart,” said Commissioner Tyrone J. Christy. “Given that DOE ignored the comments by the states in the previous proceeding, we wanted to ensure that we explore every opportunity for making certain that vital decisions about Pennsylvania continue to be made in Pennsylvania.”

The NIETC for the Mid-Atlantic region includes 52 out of the state’s 67 counties. 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.

In its petition for rehearing before DOE and its filing in the U.S. District Court, the Commission maintained that the NIETC is overly broad, calling the plan beyond the scope intended by Congress in the Energy Policy Act of 2005. The filing before the U.S. District Court also asks the court to prevent the Federal Energy Regulatory Commission from implementing the NIETC at this time.

According to both filings, the PUC alleges that the DOE’s “expansive interpretation of its own powers is neither reasonable, nor reasonably required to effectuate Congress’ purpose,” nor is it supported by the Act. The PUC said:

• The federal government failed to apply the law in a manner that is minimally intrusive on traditional state siting authority and jurisdiction;
• The designation is overly broad and inconsistent with Congressional intent;
• DOE failed to adequately identify congestion levels, sources and lacks the required findings of fact;
• The NIETC boundaries fail to adhere to the requirements of the law;
• The federal government used an inadequate basis for the NIETC designation; and
• DOE failed to include the requirement that a project not conflict with regional planning in its designation.

The current 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.

The Pennsylvania Public Utility Commission balances the needs of consumers and utilities to ensure safe and reliable utility service at reasonable rates; protect the public interest; educate consumers to make independent and informed utility choices; further economic development; and foster new technologies and competitive markets in an environmentally sound manner. For recent news releases, or more information about the PUC, visit our Internet homepage www.puc.state.pa.us.

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