CHENANGO COUNTY – Although the federal government has given itself the right to overtake a state’s power line review authority, a spokeswoman for the Federal Energy Regulatory Commission says the majority of projects probably won’t be decided in Washington.
The U.S. Department of Energy (DOE) announced Tuesday the final designation of two “National Interest Electric Transmission Corridors” in the nation’s most populated and energy starved areas. Within the two corridors – referred to as the “Southwest” and “Mid-Atlantic” areas – FERC has the potential to authorize power line projects that have either been denied or have failed to receive approval at the state level within one year of filing a permit application.
Energy officials say the corridors will facilitate much-needed upgrades in the country’s electricity infrastructure.
The “Mid-Atlantic” area covers all or part of eight states, including 47 of 62 the counties in New York.
The entire length of New York Regional Interconnect Inc.’s $1.6 billion power line proposal – which would run 190 miles from Utica to Orange County – is included in the corridor’s borders and could fall under FERC jurisdiction.
If ever reviewed and approved in Washington, NYRI could use federal eminent domain authority to take private property at fair market value, without negotiations.
However, FERC spokeswoman Barbara Connors, indirectly quoting commission Chairman Joseph T. Kelliher, says they expect that most of the current and future power line projects will be decided at the state level.
“ In November, the chairman said he expects that most transmission proposals will be dealt with at the state level,” Connors said, “for the most part.”
Connors did not elaborate on that statement, but did say that even if a power line company like NYRI takes its review to FERC, that doesn’t automatically guarantee it will get approved.
“They don’t come to us and automatically get what they want,” she said, citing a host of environmental and regulatory requirements FERC holds an applicant to.
Connors added that FERC didn’t create this new permitting authority on its own, but was ordered to under the 2005 Energy Policy Act.
Representatives of Communities Against Regional Interconnect, a group of elected officials and citizens from eight counties affected by the power line, say the NIETC designations are an unnecessary and unfair advantage for private companies like NYRI.
“The DOE failed to consider meaningful input by thousands of individuals and groups,” said CARI member Chris Cunningham, the chair of the Sullivan County Legislature. “The opposition to this unnecessary takeover of state authority on transmission lines siting is widespread and growing. Foremost is the concern over NIETC benefits that allow private for-profit companies to seize taxpayers land by eminent domain.”
If NYRI’s project is denied by the New York State Public Service Commission under what’s known as the Article VII transmission citing law, or the project isn’t fully reviewed within one year of filing a complete application – which NYRI has yet to do – the company could file for a permit with FERC.
NYRI officials say they are committed to undergoing the state process with the PSC.
“ NYRI continues to pursue NY State’s Article VII application with the New York Public Service Commission that NYRI originally filed in May 2006,” said company spokesman David Kalson in a statement Tuesday.
The company has yet to file a complete permit application. Its first filing was ruled incomplete over a year ago.
NYRI has filed a lawsuit in state Supreme Court challenging a law that blocks it from using state eminent domain authority. Proceedings are scheduled to begin Nov. 11.
Senator Thomas Libous (R-Binghamton), one of several state officials named in the NYRI suit for his role in crafting the eminent domain law, says the DOE’s designation is another example of Washington abandoning New York’s and other state’s needs.
“Washington is not listening to the needs of people here in New York state and, specifically, the Southern Tier,” said Libous. “Every we time we band together, Washington doesn’t seem to pay attention. That’s very disheartening. It sounds like a broken record, but it’s a fact. And honestly, other than NYRI, I haven’t heard of anyone in New York that’s in favor of this power line.”
NYRI is proposing to build a power line from Utica to Orange County that would deliver upstate energy to Metropolitan New York. The line would split 44 miles and six townships in Chenango County, including the historic villages of Sherburne and Earlville.
Parts of Broome, Delaware, Herkimer, Madison, Oneida and Sullivan would also play host to the line.
Company officials say the project would relieve energy constraints downstate and ensure electricity reliability. However, the state’s grid operator – which is regulated by FERC – recently reported that NYRI’s power line “need not be implemented” in New York state to meet energy demands.
The “Mid-Atlantic” corridor encompasses counties in Ohio, West Virginia, Pennsylvania, New York, Maryland, Virginia, and all of New Jersey, Delaware, and the District of Columbia. The “Southwest” corridor blankets parts of southern California and Arizona.
The corridor designations were authorized in the 2005 Energy Policy Act and will be in place for 12 years. The DOE claims they will help the country keep pace with growing energy demand its expects to rise 40 percent by 2030.