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Press Release from Congressman Maurice Hinchey

Hinchey Works to Block Federal Energy Corridor Designation
April 27, 2007

One day after the U.S. Department of Energy (DOE) announced its intention to designate a large part of New York State as a National Interest Electric Transmission Corridor (NIETC), which would help clear the way for the New York Regional Interconnection (NYRI) power line project, Congressman Maurice Hinchey (D-NY) announced a series of critical new steps he is taking to block DOE's latest move and prevent the intrusive power line from being constructed in the state.

"Once again, the Bush administration has put the interests of massive energy companies ahead of the interests of the American people, particularly the people who live along the route that the proposed NYRI project would take," Hinchey said. "I'm confident that the idea for these so-called 'National Interest Electric Transmission Corridors' is the result of secret policy meetings years ago between Vice President Cheney and senior members of the energy industry. Because of those meetings, the rest of us are faced with the possibility of having a project like NYRI forced down our throats. We're simply not going to accept this. With the help of the previously Republican-controlled Congress, the White House and Department of Energy started this fight, but my colleagues and I in Washington are about to end it the way the people of New York expect us to."

In April, the DOE issued its proposal for two NIETC corridors in the United States, including one that runs through a large part of New York. Hinchey was surprised at the timing of the announcement because at a congressional hearing less than 24 hours earlier, the congressman questioned the top DOE official dealing with the NIETC issue about the program and was not told that an announcement on specific sites was imminent.

The DOE proposal now undergoes a 60-day public comment period and then the DOE will make a final determination on new NIETC designations. A NIETC designation in New York would open the possibility that in the event the state denies or delays the permits for the NYRI power line proposal, the federal government could then step in, override the state's decision, and issue permits for the project. Under the then Republican-controlled Congress' Energy Policy Act of 2005, which Hinchey voted against, a NIETC designation would also allow private, for-profit corporations to the use of federal powers of eminent domain to seize private lands in order to make the project possible.

In February 2007, Hinchey introduced two bills and cosponsored a third that would effectively prevent the NYRI project from moving forward. Hinchey said that he and his colleagues in Washington, including Congressman Michael Arcuri (D-NY) and Congressman John Hall (D-NY), would be stepping up their efforts to move those three bills through Congress. Additionally, Hinchey announced that he is going to use his position on the House Appropriations Committee to work on additional measures that would cut off funding for any DOE activities related to the NIETC program. By doing so, the DOE would be powerless to overrule state opposition to power line projects such as NYRI.

NYRI is proposing to construct a nearly 200-mile high voltage direct current (HVDC) electric transmission line from Oneida County to Orange County, New York. Hinchey believes the proposed project threatens the federally-protected Upper Delaware Scenic and Recreational River and would have serious adverse impacts on local communities along the proposed routes.

Hinchey has led the fight against the DOE's designation of New York State as part of a NIETC for a variety of other reasons, including the fact that the NIETC designation would allow the federal government to usurp state authority for siting electric transmission lines and could force the development of power line projects in cases where states have denied them based on public interest or lack of need. The NIETC designation could also permit private corporations to use federal eminent domain powers to seize private property from unwilling sellers in order to develop those power lines.

"The entire idea of new electric transmission national corridors is a usurpation of state powers by the Bush administration and a failure on its part to develop rational and sustainable energy policies," Hinchey said. "Instead of constructing massive new electrical power lines that no one wants except energy corporations, the United States should be investing heavily in improving the energy efficiency of our buildings, transportation systems, and appliances, which is the quickest and most cost effective way to deal with our nation's energy needs. Additionally, the federal government should fast track the further development and implementation of clean electricity generation from available renewable energy sources such as solar, geothermal, tidal, wind and small scale hydropower. These alternative energy sources can be located close to the areas that require additional electricity, which would avoid adversely impacting communities throughout our state with massive new power lines. More transmission lines are not the answer to our energy problems. Using energy more efficiently and developing clean alternatives throughout the state are the answers."

The first bill Hinchey sponsored earlier this year to prevent the NYRI proposal from going through would outright repeal the section of the Energy Policy Act of 2005 that authorizes the U.S. Department of Energy to designate National Corridors and/or grant permits for projects in those corridors. The second bill he sponsored, the Protecting Communities from Power Line Abuse Act, would strip the ability of the Federal Energy Regulatory Commission (FERC) to grant federal eminent domain authority to projects such as the one proposed by NYRI. That bill would in essence make it much more difficult, and probably impossible, for the NYRI proposal to proceed in the event New York State denies a permit. Even though FERC could theoretically permit the project, NYRI would not be able to use federal powers to take private lands from unwilling sellers.

The third bill, which Hinchey cosponsored, is called the National Interest Electric Transmission Corridor Clarification Act. That measure, which was authored by Congressman Frank Wolf (R-VA), has many provisions, but essentially ensures that areas which are recognized for their scenic, natural, cultural, or historic value, such as the Upper Delaware Scenic and Recreational River, are protected from electric corridors. The bill helps ensure that local and state authorities have control over the final outcome and also allows for greater public input on such matters.