NORWICH – A legal maneuver that allows the federal government to supplant a state’s authority in the review of certain power line proposals – that have historically been under its sovereign jurisdiction – has yet to be exercised, and thus far a plan to do so has not been formulated, a federal official said.
Following orders guided by the 2005 Federal Energy Policy, four month ago the U.S. Department of Energy completed a nationwide electricity congestion study, and was given the power to designate the geographic areas it deemed the most severely congested as “National Interest Electric Transmission Corridors.” Under certain circumstances, states located within those federal spaces would then have to give-way to the authority of the Federal Energy Regulatory Commission.
“There is not a set schedule,” said David Meyer, a Deputy Director with the DOE in an interview with The Evening Sun, referring to the timeline for possible designations of the national interest corridors. “We are required to do a congestion study every three years. After that the secretary (Samuel W. Bodman) can issue a corridor as needed, and as it is appropriate.”
The DOE issued the findings of its first congestion study in August, on the one-year anniversary of the signing of the energy act, and listed southeastern New York state – the benefactor of New York Regional Interconnect Inc.’s power line – and nearly half of the Eastern Seaboard, as the most critical problem areas.
NYRI, an Albany-based subsidiary of a Canadian energy corporation, went public in March – and requested an early designation of corridor status – with a proposal that calls for the construction of a 200-mile long power line. The line would transfer electricity from upstate down to the clogged-up areas just north of New York City, cutting through eight counties, including 44 miles of Chenango. Citizens and officials along the pending route have presented staunch opposition to the project, and many fear that federal involvement could push it through even though the state has already turned back NYRI’s review application once, for being incomplete.
On Dec. 13, the state’s Public Service Commission, the agency in-charge of reviewing power line applications, made policy changes to help prevent the possibility of FERC involvement, if and when an NIETC is issued for New York state.
“As the federal government works to identify national interest electric transmission corridors in its efforts to preserve reliability and energy security, it is important that states prepare themselves to ensure timely review and action on specific proposals,” said Commission Chairwoman Patricia L. Acampora. “Today, the Commission has approved modifications to its transmission siting regulations, known as Article VII, to specify precisely what information is required in any application before it can officially be deemed filed with the Commission.”
According to the PSC, the changes specify “requirements for certain portions of transmission lines in order to avoid time-consuming waiver requests, while also clarifying the transmission studies that must be provided by applicants.”
If New York state is encompassed by an NIETC, FERC could step in an review the NYRI line if the project is not approved within one year, or if the state approves the project with conditions that would make it unfeasible. However, FERC announced recently that they will consider reviewing denied projects, even if it was done within the one year time frame. NYRI’s one year clock will not begin until they file a complete application.
Meyer said that before a corridor can be issued, a proposal must first be submitted and made public, and then approved by Energy Secretary Bodman.
“We have not issued any proposals,” he said. “We have received a wealth of material and we are going over it carefully. When we thinkwe have a case to make a proposal, then we’ll make a proposal.”