PEC scores victory in power line case
A panel of federal judges on Wednesday overturned a decision by the Federal Energy Regulatory Commission regarding its authority to overrule state decisions on power line transmission projects.
The U.S. Fourth Circuit Court of Appeals in Richmond sided with the Piedmont Environmental Council and several states, reversing the FERC’s interpretation of 2005 laws granting the federal government jurisdiction when project permits are not approved within one year.
The ruling impacts Culpeper County in that it could affect a controversial, multistate power line by Dominion Virginia that is planned to run along U.S. 211 in the South Wales area.
The PEC is challenging that project in a separate case in the Virginia Supreme Court, and it is not immediately clear how Wednesday’s ruling might alter Dominion’s power plan.
“The decision directly upholds a state’s right to reject a transmission line project without fear of the federal government stepping in to overrule that state’s determination,” PEC president Chris Miller said in a news release. “In plain language, the utilities do not get a second chance if the state rejects a line based upon the merits.”
According to a statement from the PEC, the lawsuit was the first of two filed by the Warrenton-based environmental and conservation group.
The second suit, which seeks to overturn the Department of Energy’s designation of multistate corridors for transmission line placement, is pending before the Ninth Circuit Court of Appeals in San Francisco.
An independent agency, FERC regulates the transmission of natural gas, oil, electricity and hydropower projects, according to its Web site.
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Reader Reactions
This is one of the most important states’ rights decisions of the decade. The number of states intervening in this case shows their concern. You can find the full text here: http://legalectric.org/weblog/2969/ Transmission proposals across the country are unprecedented, with transmission having shifted to a market purpose and utilities looking to sell electricity anywhere, facilitating their goal of displacing expensive natural gas peaking power with coal. This corporate policy is contrary to public policy and public interest. FERC jurisdiction over transmission was one way they could implement this, and thankfully, FERC has been told that they cannot take jurisdiction where a state reasonably denies a permit. This is such a relief to those of us working against transmission in a state venue. CHEERS to PEC for leading the way.
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