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Press Release from Congressman Maurice Hinchey

Hinchey Vows To Fight U.S. Dept. of Energy's Formal Designation Of Power Line Corridors In Congress & Court
 DOE "National Interest Electric Transmission Corridor"Designations Pave the Way For Construction of Massive Power Lines Despite State Opposition

October 2, 2007

Washington, DC -- Congressman Maurice Hinchey (D-NY) today vowed to aggressively fight the U.S. Department of Energy (DOE) in Congress and in court over the agency's formal designation of two "National Interest Electric Transmission Corridors" (NIETC) that run through New York, nine other states, and the District of Columbia. In particular, the congressman blasted the DOE for disregarding the concerns of New York residents over New York Regional Interconnection's (NYRI) plan to use the NIETC designation to construct a nearly 200-mile high voltage direct current (HVDC) electric transmission line from Oneida County to Orange County, New York.

The NIETC designations 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 for the project. The NIETC designations allow the Federal Energy Regulatory Commission (FERC) to permit private corporations to use federal eminent domain powers to seize private property from unwilling sellers in order to develop those power lines. The two NIETC designations are the first of their kind from the DOE, which gained authority to administer them as part of the Energy Policy Act of 2005. Hinchey strongly opposed that measure when Congress voted on it.

"The fact that the Department of Energy refused to even slightly modify its NIETC proposal for the Mid-Atlantic region after receiving more than 2,000 public comments on the matter, the vast majority of which surely opposed the plan, clearly indicates that the public comment period was nothing more than a public relations stunt to give the perception that the public was included in the agency's decision. The reality is the only thing that matters to the DOE is how much more of a profit it can create for the energy industry," Hinchey said. "We are engaged in an historic fight with the Department of Energy and are going to work day and night to block these designations and prevent NYRI from constructing massive power lines through upstate New York that no one wants. We will pursue every legislative and legal avenue to ensure that the constitutional rights of states and private property owners are protected."

On April 26, the DOE designated the Mid-Atlantic Area (some or all counties in Delaware, Ohio, Maryland, New Jersey, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia) and the Southwest Area (seven counties in southern California, three counties in western Arizona, and one county in southern Nevada) as draft NIETC. Today's announcement finalized that proposal, which was unchanged with the exception of Clark County, Nevada being excluded from the Southwestern NIETC designation.These designations become effective immediately and are set to last for twelve years.

Following the announcement of its NIETC proposal in April, the DOE held a 60-day public comment period.The agency held two public meetings in New York but scheduled them during the middle of the week and in locations that would not be affected by the proposed NYRI power line project. As a result of the DOE's refusal to hold additional public meetings along the proposed NYRI route, Hinchey held his own public meeting for residents to voice their concerns on the NIETC plan. The congressman then forwarded those comments to the DOE.

NYRI's power line proposal threatens the federally-protected Upper Delaware Scenic and Recreational River and would have serious adverse impacts on local communities along the proposed routes. In Virginia, Dominion Virginia Power is proposing to use a NIETC designation to build 550-kilovolt power lines through parts of Frederick, Warren, Fauquier and Prince William counties before ending in southern Loudoun County.The power line would cut through historic areas, including Antietam National Battlefield, Monocacy National Battlefield and Gettysburg National Military Park.Under the rules set forth by the DOE, if states that fall under either of the NIETC designations do not approve applications for new power lines within a year of the application's filing then FERC can step in and force the states to accept the new power lines.

"By trying to force these power lines upon communities in New York and other parts of the country, the Department of Energy is continuing to rely on an antiquated form of energy production rather than investing in new, cleaner forms of energy production and transmission such as solar power," Hinchey said, noting that these designations will likely benefit coal and other fossil fuel plants across the country. "If anything, the federal government should be requiring state's to shift away from greenhouse gas polluting fossil fuels and towards alternative clean energy.Forcing states to go along with old power sources will only serve to hold back the United States in the inevitable shift to alternative sources of energy and hinder our ability to become a global leader in the advancement of such technology."

Hinchey vowed to find every legislative avenue to block the DOE from moving forward with the NIETC designations. The congressman said he would push for Congress to pass a measure that would forbid the DOE from spending any money in its budget to permit and site any power lines in the NIETC-designated areas. The congressman also said he would examine the possibility of attaching language to a broader energy policy bill. Hinchey said he thought the chances of passing a measure to block the federal government from usurping state authority and seizing private property to create power lines stood a better chance in 2008 as members of Congress have to answer directly to voters in their district. Hinchey, Congressman Michael A. Arcuri (D-NY), and Congressman John Hall (D-NY) led two unsuccessful efforts this year in Congress to block the DOE proposals from becoming finalized.

In addition to taking action in Congress, Hinchey said he plans to be involved in every appropriate way with any lawsuits filed against the DOE to block the NIETC designations. The congressman said he is prepared to file amicus briefs to help assist legal efforts to halt the implementation of the NIETC designations and prevent the construction of power lines over the objection of states.

"This a blatant case of the Bush administration trying to help its friends in the energy industry at the expense of tens of millions of Americans who may see power lines put up where their houses currently sit," Hinchey said. "From day one, this administration has been more focused on helping corporate entities become richer and richer without regard for how such policies would impact the rest of the country. Unless we act to stop them, these power line projects could begin to move forward next fall, right as President Bush is winding down his term in office. These power lines would be one last gift to the president and vice president's friends in the energy business. We cannot let that happen."

Hinchey is helping to lead an effort in New York to establish the Hudson Valley as a leader of solar energy research and development. In July, Hinchey announced plans for the creation of The Solar Energy Consortium (TSEC) -- a group of private and public companies and institutions that will research and develop new ways to efficiently and effectively deliver energy from the sun. Hinchey helped organize and create TSEC, which will be located in Kingston's Tech City and will serve as the base for the solar power industry in New York. The consortium is expected to initially provide 300-500 jobs and create upwards of thousands of jobs in the region within the next several years. Statewide, TSEC has the potential to create tens of thousands of new jobs over the next decade while establishing the state as the global leader in the development of integrated photovoltaic (PV) systems technology. Hinchey has secured House approval of $1.5 million for TSEC and an additional $4 million for a company that plans to be a part of the consortium.

In February 2007, Hinchey introduced two bills and Congressman Frank Wolf (R-VA) introduced a third, which Hinchey cosponsored, that would effectively prevent NIETC designations from moving forward. The first bill (H.R. 809) would outright repeal Section 1221 of the Energy Policy Act of 2005, which authorized the U.S. Department of Energy to designate NIETCs and/or grant permits for projects in those corridors. The second bill, the Protecting Communities from Power Line Abuse Act (H.R. 810), would strip the ability of FERC to grant federal eminent domain authority for such power line projects. The third bill, which Wolf authored and Hinchey cosponsored, is called the National Interest Electric Transmission Corridor Clarification Act (H.R. 829). That measure has many provisions, but essentially ensures that areas which are recognized for their scenic, natural, cultural, or historic value are protected from electric corridors.