New York contests power transmission corridor ruling

Back at the beginning of October the U.S. Department of Energy (DOE) designated two National Interest Electric Transmission Corridors (National Corridors) — the Mid-Atlantic Area National Interest Electric Transmission Corridor, and the Southwest Area National Interest Electric Transmission Corridor. This effort has been underway for some time. The draft designations were announced in April. Now, however, New York State is contesting the federal government’s plan. The New York state Department of Environmental Conservation and the New York State Public Service Commission have filed separate petitions with the DOE seeking a rehearing on the agency’s decision to make a large piece of New York part of the Mid-Atlantic corridor. Governor Eliot Spitzer today announced that the two departments have filed separate petitions with the DOE seeking a rehearing on the agency’s decision to make a large swath of New York state part of a National Interest Electric Transmission Corridor. In the petitions, New York contends that federal authorities disregarded key energy issues and failed adequately to assess potentially significant environmental impacts. “The designation of 47 counties in New York State as part of a National Interest Electric Transmission Corridor by DOE sets the stage for the federal government to preempt New York’s legitimate oversight and process for reviewing and siting transmission projects within our state’s borders,” said Governor Spitzer. “The federal government should not be able to overrule states’ legitimate and well-established regulatory authority. New York State already has an efficient one-stop process for reviewing applications to build transmission facilities. The process includes detailed studies of the environmental impacts of a proposed facility, and provides a forum for stakeholders to weigh in on proposed projects.”

On 5 October the Energy Department published its order designating two National Interest Electric Transmission Corridors - the Mid-Atlantic Area National Interest Electric Transmission Corridor, and the Southwest Area National Interest Electric Transmission Corridor. These National Corridors include areas in two of the nation’s most populous regions. According to DOE, the designations were based on data and analysis showing persistent transmission congestion in these two regions. Governor Spitzer argues that New York’s process is not a barrier to transmission projects. Over the past ten years, seventeen transmission projects have received approval under Article VII of the New York Public Service Law and several more projects are presently pending. The Department of Environmental Conservation is seeking a rehearing because it says DOE erroneously determined the designation would have no significant environmental impacts. The state agency maintains that DOE failed to prepare a full environmental assessment, as required by the National Environmental Policy Act, and failed to consult with government entities as required by the Endangered Species Act and the Hudson River Valley National Heritage Area Act. Also, the federal agency’s actions potentially usurp the state’s authority to enforce its own environmental laws, regulations and policies, the state agency says.

DEC commissioner Pete Grannis said, “This designation puts the goal of increasing energy transmission — regardless of environmental impacts - above New York’s environmental laws and policies.” Grannis added that “In fact, the designation raises many questions about impacts, from air quality to Forest Preserve land to natural heritage areas to wild and scenic rivers. Rather than bypassing environmental reviews, federal authorities should begin a full assessment at the earliest possible time to ensure that planning and decisions reflect environmental values.” If DOE does not act on a rehearing request within thirty days, the request is deemed to be denied.