Amendment slips by, could expand energy corridors
WASHINGTON – Nearly three weeks ago an amendment that appears to strengthen a controversial power line policy was slipped into a popular piece of federal energy legislation.
The Clean Energy Act, which cuts back government money for big oil companies and pushes alternative fuel production, passed the House in January and the Senate June 21. A late-amendment in the Senate’s version of that bill, however, expands the U.S. Department of Energy’s definition of what can be classified as a National Interest Electric Transmission Corridor.
An NIETC is a geographic area where, under certain circumstances, the Federal Energy Regulatory Commission can overrule state authority to fast-track power line proposals, like New York Regional Interconnect’s, in places that have severe energy congestion.
“It looks as though it snuck through without anybody seeing it,” said Norwich resident Dr. Glenn Stein, a NYRI opponent. “It shows that somebody on the other side of this issue is looking at this as well.”
The amendment, introduced by Senator John Thune (R-South Dakota) after the clean energy bill was voted on, furthers the DOE’s authority under the 2005 Energy Policy Act to designate places like Chenango County – an area that doesn’t suffer from energy congestion like downstate, but could act as a conduit to far-off power sources – as a part of a corridor.
A preliminary NIETC, announced in May, covers 11 states in the East and West, including most of New York state and all of NYRI’s 190-mile long power line route.
Stein believes Thune’s pro-corridor post script justifies the DOE’s draft NIETC borders, which he says extend well beyond their intended scope.
“If we had a legal challenge the corridors as they are proposed,” Stein said, “this makes that argument completely moot.”
The amendment was adopted into what’s known as a Manager’s Bill, a provision that can’t be voted on until the legislation goes to a joint House-Senate conference, a spokesman for Senator Charles Schumer said.
Schumer, along with Senator Hillary Rodham Clinton, voted in-favor of the clean energy act. Representative Michael Arcuri (D-Utica), voted “yea” for a much smaller House version of the bill.
Schumer, who has introduced legislation that would scale-back the federal authority over state power line siting, doesn’t believe the amendment strengthens or weakens either side of the power line issue, his staffer said.
“The language in this bill in no way addressed the issue of states ceding control over the siting of transmission projects in their state to FERC,” spokesman Alex Detrick said, “an issue of great concern to Senator Schumer, that he addresses head-on in his proposed legislation.”
In a defined corridor, FERC can overtake a state’s power line review authority if it fails to act on a permitting application within one year of its filing. However, the commission authorized itself to step-in even if a project is denied. Schumer’s bill, announced last week, would:
• Reverse FERC rule-making and clarify that a state denial of a permit is not equivalent to state inaction.
• Eliminate FERC’s authority to grant eminent domain, allowing private companies to take private property, as created under the Energy Policy Act of 2005.
• Ensure that if the proper state entity (in New York, it’s the Public Service Commission) denies an application for an interstate transmission line, that decision may be appealed only if the applicant can prove to FERC that the decision lacked merit.
Schumer’s spokesman contends Thune’s amendment will only relate to clean energy initiatives in corridors, and not power line issues.
“Because New York State and the East Coast both have relatively good access to clean energy, and, since NY has already been included on DOE’s draft NIETC, it seems very unlikely that the amendment will have any significant impact on New York State,” Detrick said.
Arcuri however, who has introduced anti-NYRI legislation in the House, said he plans to challenge Thune’s amendment.
“I will work with allies in Washington and in Upstate New York to make sure that the conference report for the Clean Energy Act does not include language that would expand the Department of Energy’s authority to designate National Interest Transmission Corridors,” said Arcuri in a written statement Wednesday, “or would, in any way, help NYRI go forward with its devastating proposal.”
NYRI, a Canadian-backed company, is looking to build a high voltage transmission line from Utica to Orange County in an effort to deliver affordable energy downstate. Thousands along the route have come out in opposition to the project, fearing it would ruin rural landscapes, displace communities and devastate the already weakened upstate economy.
A Clinton spokeswoman said the Senator would continue to fight federal intrusion into state’s rights.
“She (Clinton) remains opposed to NYRI and as such she will be working with Senator Schumer on legislation to set more appropriate limits on federal review of state decisions on siting of power lines,” said spokeswoman Nina Blackwell.
Both Schumer and Clinton supported the intentions of the clean energy act as a whole in reducing pollution and lessening dependence on foreign oil.
The Clean Energy Act, which cuts back government money for big oil companies and pushes alternative fuel production, passed the House in January and the Senate June 21. A late-amendment in the Senate’s version of that bill, however, expands the U.S. Department of Energy’s definition of what can be classified as a National Interest Electric Transmission Corridor.
An NIETC is a geographic area where, under certain circumstances, the Federal Energy Regulatory Commission can overrule state authority to fast-track power line proposals, like New York Regional Interconnect’s, in places that have severe energy congestion.
“It looks as though it snuck through without anybody seeing it,” said Norwich resident Dr. Glenn Stein, a NYRI opponent. “It shows that somebody on the other side of this issue is looking at this as well.”
The amendment, introduced by Senator John Thune (R-South Dakota) after the clean energy bill was voted on, furthers the DOE’s authority under the 2005 Energy Policy Act to designate places like Chenango County – an area that doesn’t suffer from energy congestion like downstate, but could act as a conduit to far-off power sources – as a part of a corridor.
A preliminary NIETC, announced in May, covers 11 states in the East and West, including most of New York state and all of NYRI’s 190-mile long power line route.
Stein believes Thune’s pro-corridor post script justifies the DOE’s draft NIETC borders, which he says extend well beyond their intended scope.
“If we had a legal challenge the corridors as they are proposed,” Stein said, “this makes that argument completely moot.”
The amendment was adopted into what’s known as a Manager’s Bill, a provision that can’t be voted on until the legislation goes to a joint House-Senate conference, a spokesman for Senator Charles Schumer said.
Schumer, along with Senator Hillary Rodham Clinton, voted in-favor of the clean energy act. Representative Michael Arcuri (D-Utica), voted “yea” for a much smaller House version of the bill.
Schumer, who has introduced legislation that would scale-back the federal authority over state power line siting, doesn’t believe the amendment strengthens or weakens either side of the power line issue, his staffer said.
“The language in this bill in no way addressed the issue of states ceding control over the siting of transmission projects in their state to FERC,” spokesman Alex Detrick said, “an issue of great concern to Senator Schumer, that he addresses head-on in his proposed legislation.”
In a defined corridor, FERC can overtake a state’s power line review authority if it fails to act on a permitting application within one year of its filing. However, the commission authorized itself to step-in even if a project is denied. Schumer’s bill, announced last week, would:
• Reverse FERC rule-making and clarify that a state denial of a permit is not equivalent to state inaction.
• Eliminate FERC’s authority to grant eminent domain, allowing private companies to take private property, as created under the Energy Policy Act of 2005.
• Ensure that if the proper state entity (in New York, it’s the Public Service Commission) denies an application for an interstate transmission line, that decision may be appealed only if the applicant can prove to FERC that the decision lacked merit.
Schumer’s spokesman contends Thune’s amendment will only relate to clean energy initiatives in corridors, and not power line issues.
“Because New York State and the East Coast both have relatively good access to clean energy, and, since NY has already been included on DOE’s draft NIETC, it seems very unlikely that the amendment will have any significant impact on New York State,” Detrick said.
Arcuri however, who has introduced anti-NYRI legislation in the House, said he plans to challenge Thune’s amendment.
“I will work with allies in Washington and in Upstate New York to make sure that the conference report for the Clean Energy Act does not include language that would expand the Department of Energy’s authority to designate National Interest Transmission Corridors,” said Arcuri in a written statement Wednesday, “or would, in any way, help NYRI go forward with its devastating proposal.”
NYRI, a Canadian-backed company, is looking to build a high voltage transmission line from Utica to Orange County in an effort to deliver affordable energy downstate. Thousands along the route have come out in opposition to the project, fearing it would ruin rural landscapes, displace communities and devastate the already weakened upstate economy.
A Clinton spokeswoman said the Senator would continue to fight federal intrusion into state’s rights.
“She (Clinton) remains opposed to NYRI and as such she will be working with Senator Schumer on legislation to set more appropriate limits on federal review of state decisions on siting of power lines,” said spokeswoman Nina Blackwell.
Both Schumer and Clinton supported the intentions of the clean energy act as a whole in reducing pollution and lessening dependence on foreign oil.
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