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Electric Transmission Siting—An Expanding Federal Role

April 15, 2008

ABA Infrastructure, Volume 47, Number 2, Winter 2008

The recent designation by the Department of Energy (DOE) of two expansive regions across the northeast and southwest United States as critical electric transmission corridors illustrates the federal government’s broad reach over the siting of electric transmission lines. Under provisions of the Energy Policy Act of 2005 (EPAct), the DOE is charged with conducting studies of the nation’s electric transmission grid, ultimately leading to the designation of National Interest Electric Transmission Corridors (NIETCs). The NIETC designation is a prerequisite to triggering federal siting jurisdiction, which under the legislation is designed to enable a transmission project developer to forgo or override state action by applying to the Federal Energy Regulatory Commission (FERC) for a federal construction permit. The heated debate over the scope of federal siting authority that preceded the enactment of EPAct continues today as a result of DOE orders designating NIETCs across two of the most populous regions of the country. This article considers the implications of NIETC designations on future electric transmission expansion.

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