Environment DEC
From the December 2007 issue
State Seeks Reversal of Department of Energy Power Corridor Designation
November 5, 2007, Governor Eliot Spitzer announced that the New York State Public Service Commission (PSC) and the Department of Environmental Conservation (DEC) filed separate petitions with the federal Department of Energy (DOE) seeking a rehearing on the agency's recent 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 to adequately assess potentially significant environmental impacts.
Many areas within the corridor are located in scenic forests
Would Preempt State Review Process
"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 Oct. 5, 2007, DOE published its order designating 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 (see Related Links below). These National Corridors include areas in two of the nation's most populous regions. According to DOE, the designations were based on data and analyses showing persistent transmission congestion in these two regions.
New York's Review Process Not a Barrier
New York's process is not a barrier to transmission projects. Over the past 10 years, 17 transmission projects have received approval under Article VII of the New York Public Service Law and several more projects are presently pending. Article VII ensures the timely and thorough review of proposed transmission upgrades to maintain the reliability and safety of the state's electric grid and protect the interests of the public.
The PSC is seeking a rehearing because DOE concluded that consumers were adversely affected by transmission congestion even though DOE did not measure the consumer costs of transmission congestion and did not attempt to identify the costs of new or upgraded transmission facilities. Additionally, DOE did not provide a document showing how transmission congestion justified including most of New York State within the Mid-Atlantic National Corridor.
DEC is seeking a rehearing because DOE erroneously determined that the designation would have no significant environmental impacts. DEC maintains that the 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, DOE's actions potentially usurp the state's authority to enforce its own environmental laws, regulations and policies.
DEC claims that the federal government did not consider the environmental impacts of additional transmission facilities in its decision
Decision Should Reflect Environmental Values
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. In fact, the designation raises many questions about impacts to air quality, to forest preserve land, to natural heritage areas, and 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 the rehearing request within 30 days, the request is deemed denied. See Related Links below for the full governor's press release, which includes the comments of Patricia L. Acampora, Chairwoman of the PSC.
Related Links:
DOE's Press Release (leaving DEC's site)
Full Governor's Press Release (leaving DEC's site)
