How Much Of A Role Will Feds Play In Power Line Decision?
Published: November 29th, 2006
By: Michael McGuire

NORWICH – The federal government says it will only be supplementing a state’s authority to accept or reject a power line, although it’s given itself the power to override it.

As a stipulation of the 2005 Energy Policy Act, the Federal Energy Regulatory Commission has authorized a multi-faceted final rule regarding its awaited and unprecedented jurisdiction over the energy policies of individual states. One of those facets allows FERC to step in and take-up the review of a power line project, even if an accredited and established state agency, such as the Public Service Commission in New York state, has already denied the proposal based on its regulatory and technical qualifications.

Suedeen Kelly, one of five FERC Commissioners, states she was “surprised” by the commission’s self-guided intrusion into the states’ autonomy.

“States have always had exclusive, plenary jurisdiction over transmission siting,” said Kelly, who was the lone dissenter on the Nov. 16 majority decision. “It gives states two options: either issue a permit, or we’ll do it for them. Obviously this is no choice. This is preemption.”

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