The fiefdom of FERC

For those of us who always thought that “corridor” meant a narrow path or passageway connecting one endpoint with another, the maps of the Department of Energy’s National Interest Electric Transmission Corridors (NIETCs) came as something of a shock. (A map of the NIETC that includes our area may be seen on page one of the May 3 issue of The River Reporter).

The “corridors” designated—one in the Northeast, the other in the Southwest— aren’t passageways. They are huge, sprawling territories splashed out over the two most densely populated areas in the country, and encompassing a vast swath of their environs.

Referring to our dictionary for illumination on this puzzle, we found that a corridor is “a usu. narrow passageway or route…,” just as we had always thought. But reading on, we found another part of the definition that seemed apt: “ …as a narrow strip of land through foreign-held territory.”

Although the two national corridors are not, by any stretch of the imagination, narrow, they are in effect surrounded by foreign-held territory: the United States of America. The Department of Energy (DOE) has carved two great fiefdoms out of the 50 United States, which are no longer subject to the principles of local self-rule and states rights prevailing in the rest of the country. We will now be under the rule of the Federal Energy Regulation Commission (FERC), which can grant permits for power lines that override state denials, and give power companies the authority to seize our property by eminent domain.

Admittedly, the FAQ section regarding the NIETC designation on the DOE website ( http://nietc.anl.gov/faq/index.cfm ) seems relatively benign. One section says, “Whether construction of a transmission facility, as opposed to increased energy efficiency, demand response, and conservation, or siting of generation closer to load, is the appropriate means of addressing congestion in a National Corridor is a matter that market participants, applicable regional planning entities, and State authorities, among others, will consider and decide before any project is built.” Better yet, given the Delaware’s Wild and Scenic River status, is this quote: “Nothing in FPA section 216 [the section of the Federal Power Act that contains the new NIETC provisions] alters the applicability of federal environmental and cultural statutes and regulations.”

Sounds great. Sounds wonderful. It also sounds exactly like the status quo, prompting the question: what was the point of passing the NIETC provisions of the Energy Policy Act of 2005 if it wasn’t designed to change anything?

If the FAQ page had legal standing, we might be reassured. Unfortunately, to the best of our knowledge and belief, it does not, and the recent record of government truth-telling does not inspire confidence.

A look at Joseph Kelliher, who as chairman of FERC will be in charge of permitting decisions, reinforces our skepticism. He is a former policy adviser with the DOE and a member of Vice President Cheney’s energy task force. That’s the lobbyist-laden group that wrote the Energy Policy Act of 2005, and cooked up the idea of NIETCs, in the first place.

While formulating the act, Kelliher sent an email to energy lobbyist Dana Contratto, asking, “if you were ‘King’ or ‘Il Duce,’ what would you include in a national energy policy?” Kelliher also solicited input from Stephen Craig Sayle, an Enron lobbyist, who obligingly responded with what he called Enron’s “dream list.” Is this someone you trust to respect New York State’s siting authority or the Wild and Scenic River Act?

The sweet reasonableness of the FAQ notwithstanding, we believe this is time to step up our efforts against the power line incursion, and are delighted that Congressmen Maurice Hinchey (D-NY) and Chris Carney (D-PA), along with several of their colleagues, continue to fight the good fight. They have proposed measures ranging from prohibiting the appropriations that fund DOE from being used to make NIETC designations, to a bill that would entirely repeal the sections of the Energy Policy Act of 2005 pertaining to NIETCs.

The Congressmen merit our ardent support. In contrast, it’s time to hold Senators Clinton and Schumer’s feet to the fire—especially Clinton, who as a presidential candidate is frequently charged with being too cozy with big corporate interests, and has the opportunity to make hay on this issue. You can reach her at 518/431-0120 or 202/224-4451.

Also in this issue:

• My View: Understanding needed

Dr. Punnybone

Bench Mark