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Press Release

PUC Vice Chair Barrow’s Resolution Supporting States’ Jurisdiction in Transmission Permitting Adopted by NARUC Board

Published on 2/28/2024

Filed under: Electric

Nation’s Utility Regulators Join PA in Supporting the Primary Role of States in Siting, Permitting, and the Exercise of Eminent Domain for Transmission

HARRISBURG – At the annual winter policy summit of the National Association of Regulatory Utility Commissioners (NARUC), a resolution sponsored by Pennsylvania Public Utility Commission (PUC) Vice Chair Kim Barrow was adopted today by NARUC’s Board of Directors following approval of NARUC’s Committee on Electricity, of which Vice Chair Barrow is a member.

Vice Chair Barrow’s resolution supports states’ jurisdiction to render transmission permitting determinations.

“States have long been the arbiter of transmission permitting within their boundaries, including but not limited to the purposes of siting, environmental review and eminent domain,” stated Vice Chair Barrow.  “Before and after the passage of the Federal Power Act, states continued to exercise their permitting authority over electric transmission facilities – an authority that is separate and apart from FERC’s transmission and wholesale electricity ratemaking authority.”

By virtue of the resolution, NARUC will file amicus briefs in the matter of Transource Pennsylvania, LLC v. Stephen M. DeFrank, et al., for the limited and specific purpose of advocating NARUC’s policies as a supporter of states’ rights.

“States share RTOs (regional transmission operators) concerns regarding transmission, congestion and the need for robust transmission infrastructure because it is in the states’ interest to ensure that adequate electric transmission facilities are constructed to meet the needs for economic and reliable utility service to their citizens,” added Vice Chair Barrow.

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