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                                                      PRINTER'S NO. 1663

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 297 Session of 2007


        INTRODUCED BY DeWEESE, SOLOBAY, MUNDY, EACHUS, BELFANTI,
           BRENNAN, CALTAGIRONE, CASORIO, FABRIZIO, GIBBONS, HARHAI,
           KORTZ, LEVDANSKY, LONGIETTI, MAHONEY, OLIVER, SAYLOR,
           SHAPIRO, SHIMKUS, SIPTROTH, DALEY, WANSACZ, J. WHITE,
           YUDICHAK, KIRKLAND, YEWCIC, SCAVELLO, READSHAW, WOJNAROSKI,
           GALLOWAY, GEORGE, FREEMAN, DALLY, JOSEPHS, YOUNGBLOOD,
           PASHINSKI AND HORNAMAN, MAY 24, 2007

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 24, 2007

                                  A RESOLUTION

     1  Opposing the designation of national interest electric
     2     transmission corridors and memorializing the Congress of the
     3     United States to repeal or modify certain provisions of the
     4     Energy Policy Act of 2005.

     5     WHEREAS, The Energy Policy Act of 2005 (EPact) was passed by
     6  the Congress on July 29, 2005, and signed into law on August 8,
     7  2005; and
     8     WHEREAS, The EPact was promoted as a comprehensive approach
     9  to growing energy needs and designed to guarantee development of
    10  domestic fuel production and energy supply, thereby ending
    11  United States dependence on foreign oil; and
    12     WHEREAS, Provisions of the omnibus legislation touch on
    13  nearly every segment of energy production and use, including
    14  nuclear power, electricity, natural gas, fossil fuels, renewable
    15  energy and competitive generation; and
    16     WHEREAS, A provision of Title XII of the EPact, Electricity,


     1  however, preempts what have long been fundamental powers of
     2  state and local governments; and
     3     WHEREAS, Section 1221, for example, transfers the authority
     4  to approve the siting of certain transmission lines from state
     5  governments and their political subdivisions to agencies of the
     6  Federal Government; and
     7     WHEREAS, Section 1221(a) of EPact directs the United States
     8  Secretary of Energy to, in consultation with states, conduct
     9  periodic nationwide studies of electric transmission congestion;
    10  and
    11     WHEREAS, The Secretary of Energy released its initial
    12  National Electric Transmission Congestion study in August 2006;
    13  and
    14     WHEREAS, Based upon the findings of any congestion study, the
    15  Secretary of Energy may designate "any geographical area
    16  experiencing electric energy transmission capacity constraints
    17  or congestion that adversely affects customers" as a "national
    18  interest electric transmission corridor" or national corridor;
    19  and
    20     WHEREAS, Section 1221(b) further conveys to the Federal
    21  Energy Regulatory Commission (FERC) the authority to issue
    22  permits for construction or modification of electric
    23  transmission facilities situated or proposed to be situated in
    24  any Department of Energy designated national interest electric
    25  transmission corridor; and
    26     WHEREAS, The FERC would be able to override the authority of
    27  the Pennsylvania Public Utility Commission to issue a
    28  certificate of public convenience to approve and locate a
    29  transmission line in a Department of Energy designated national
    30  interest electric transmission corridor if:
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     1         (1) the Pennsylvania Public Utility Commission had no
     2     authority to approve a specified transmission line proposal
     3     or would fail to consider interstate benefits of the proposed
     4     transmission line;
     5         (2) the applicant would not qualify for a certificate of
     6     public convenience issued by the Pennsylvania Public Utility
     7     Commission because it does not serve end-use customers in the
     8     Commonwealth of Pennsylvania;
     9         (3) the Pennsylvania Public Utility Commission would fail
    10     to act on an application for approval to locate and construct
    11     the new transmission line within one year of the filing of an
    12     application or one year after designation as a national
    13     interest electric transmission corridor, whichever is later;
    14     or
    15         (4) the Pennsylvania Public Utility Commission would
    16     condition its approval in such a manner that the proposed
    17     construction or modification would not significantly reduce
    18     transmission congestion or would not be economically
    19     feasible;
    20  and
    21     WHEREAS, The Pennsylvania Public Utility Commission and its
    22  predecessor, the Public Service Commission, have had
    23  jurisdictional and regulatory authority over public utilities
    24  and public utility service, including the review and approval of
    25  applications for the location and construction of transmission
    26  lines in the Commonwealth of Pennsylvania since 1913, or for 94
    27  years; and
    28     WHEREAS, The designation of national interest electric
    29  transmission corridors in the Commonwealth of Pennsylvania,
    30  coupled with FERC "backstop" authority to issue permits to site
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     1  a transmission line and thereby override the recommendations of
     2  the Pennsylvania Public Utility Commission, would give electric
     3  utilities access to Federal eminent domain authority; and
     4     WHEREAS, If FERC would institute its "backstop" authority,
     5  the holder of a FERC-issued permit would be empowered to
     6  exercise the right of eminent domain to condemn and acquire
     7  private property to locate and construct the transmission line;
     8  and
     9     WHEREAS, On March 6, 2006, Allegheny Power and the PJM
    10  Interconnection, the Regional Transmission Organization that
    11  coordinates the movement of wholesale electricity in all or
    12  parts of 13 states and the District of Columbia, including the
    13  Commonwealth of Pennsylvania, filed for early designation as a
    14  national interest electric transmission corridor a 240-mile, 500
    15  kV transmission line which would extend from southwestern
    16  Pennsylvania, traverse West Virginia and terminate in northern
    17  Virginia; and
    18     WHEREAS, On October 10, 2006, the PJM Interconnection
    19  submitted another request to the Department of Energy for early
    20  designation of three additional national interest electric
    21  transmission corridors that will encompass nearly all of the
    22  Mid-Atlantic region; and
    23     WHEREAS, The early request filed with the United States
    24  Department of Energy by Allegheny Power and the PJM
    25  Interconnection, if granted, will include significant acreage of
    26  land in the Commonwealth of Pennsylvania; and
    27     WHEREAS, On April 26, 2007, the United States Department of
    28  Energy released drafts of two national interest electric
    29  transmission corridor designations, including the Mid-Atlantic
    30  Area National Corridor; and
    20070H0297R1663                  - 4 -     

     1     WHEREAS, The Mid-Atlantic Area National Corridor designation
     2  includes counties in Ohio, West Virginia, Pennsylvania, New
     3  York, Maryland, Virginia and includes all of New Jersey,
     4  Delaware and the District of Columbia; and
     5     WHEREAS, Fifty of the Commonwealth of Pennsylvania's 67
     6  counties, or 75% of the land within the Commonwealth's
     7  geographic borders, are included in the Mid-Atlantic Area
     8  National Corridor designation; and
     9     WHEREAS, In its release announcing the draft national
    10  interest electric transmission corridor designations, the
    11  Department of Energy revealed that it would convene three public
    12  meetings during a 60-day comment period; and
    13     WHEREAS, In its April 26, 2007, announcement, the Department
    14  of Energy revealed that public meetings would be held in New
    15  York, Virginia and California during the 60-day comment period;
    16  and
    17     WHEREAS, Some local governments, citizens and preservation
    18  groups that would be directly impacted by the designation of
    19  national interest electric transmission corridors in the
    20  Commonwealth of Pennsylvania and some other affected states
    21  contacted the Department of Energy to express their
    22  disappointment and concern that no public meetings were planned
    23  for Pennsylvania and other affected states during the 60-day
    24  comment period; and
    25     WHEREAS, On May 8, 2007, the Department of Energy announced
    26  that it would hold four additional meetings during the 60-day
    27  public comment period in some states, including the Commonwealth
    28  of Pennsylvania, that would be impacted by the national interest
    29  electric transmission corridor designations; and
    30     WHEREAS, The Pennsylvania public meeting will be convened in
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     1  the month of June in Pittsburgh, Pennsylvania; and
     2     WHEREAS, The 60-day comment period for the Mid-Atlantic Area
     3  National Corridor designations is scheduled to end on July 6,
     4  2007; and
     5     WHEREAS, It is alleged that the transmission lines proposed
     6  to be located and constructed in the Mid-Atlantic Area National
     7  Corridor would be used to relieve energy congestion and
     8  constraints and improve electric reliability in population
     9  centers of the East Coast; and
    10     WHEREAS, Designation of national interest electric
    11  transmission corridors in the Commonwealth of Pennsylvania could
    12  diminish or eliminate the role of the Pennsylvania Public
    13  Utility Commission, the administrative agency of the
    14  Commonwealth that has regulatory authority over the approval of
    15  applications for the location and construction of transmission
    16  lines; and
    17     WHEREAS, Designation of national interest electric
    18  transmission corridors would also adversely limit or completely
    19  eliminate the roles of the Office of Consumer Advocate and the
    20  Office of Small Business Advocate; and
    21     WHEREAS, The Office of Consumer Advocate and the Office of
    22  Small Business Advocate are administrative agencies of the
    23  Commonwealth of Pennsylvania that were expressly established by
    24  Pennsylvania statute to represent the interests of consumers and
    25  small businesses, respectively, in proceedings before the
    26  Pennsylvania Public Utility Commission, including certain
    27  matters related to the location and construction of transmission
    28  lines; and
    29     WHEREAS, Designation of national interest electric
    30  transmission corridors and FERC's accompanying "backstop"
    20070H0297R1663                  - 6 -     

     1  authority could diminish or even eliminate the roles of other
     2  administrative agencies of the Commonwealth of Pennsylvania that
     3  were established for the express purpose of protecting
     4  Pennsylvania's economic, natural, historical, cultural and
     5  recreational resources, including the Departments of
     6  Environmental Protection, Conservation and Natural Resources,
     7  Agriculture and Transportation as well as the Game Commission
     8  and the Historical and Museum Commission; and
     9     WHEREAS, Designation of national interest electric
    10  transmission corridors in the Commonwealth of Pennsylvania would
    11  undermine and in some cases eliminate the Commonwealth's ability
    12  to determine, manage and control land use policies, including
    13  land use policies on its agricultural lands, forest reserves,
    14  recreational areas, game lands and other natural and
    15  environmentally sensitive areas; therefore be it
    16     RESOLVED, That the House of Representatives of the
    17  Commonwealth of Pennsylvania recognize fully the energy and
    18  environmental challenges facing the Commonwealth of Pennsylvania
    19  in general and the United States in particular; and be it
    20  further
    21     RESOLVED, That the House of Representatives believe that
    22  demand for energy continues to be a concern nationwide,
    23  especially in major population centers, and that an effective
    24  national energy policy must include increased emphasis on
    25  conservation, renewable energy, energy-efficient alternatives,
    26  demand-side management, innovations and new technologies while
    27  simultaneously providing incentives to increase domestic
    28  production and supply; and be it further
    29     RESOLVED, That the House of Representatives recognize that an
    30  effective energy policy must be addressed nationally but should
    20070H0297R1663                  - 7 -     

     1  reflect traditional state and local authority over environmental
     2  and energy matters; and be it further
     3     RESOLVED, That the House of Representatives oppose the
     4  provisions of EPact which preempt the authority of the
     5  Commonwealth of Pennsylvania and its political subdivisions to
     6  determine land use policies and which usurp the traditional and
     7  fundamental authority of the Pennsylvania Public Utility
     8  Commission to review and approve applications for the location
     9  and construction of transmission lines in the Commonwealth of
    10  Pennsylvania; and be it further
    11     RESOLVED, That the House of Representatives urge the members
    12  of the Pennsylvania Congressional Delegation to support
    13  legislation to repeal section 1221 of EPact and thereby preserve
    14  the fundamental rights of the Commonwealth of Pennsylvania and
    15  its people to determine the future of land use policies; and be
    16  it further
    17     RESOLVED, That copies of this resolution be transmitted to
    18  the presiding officers of each house of Congress and to each
    19  member of Congress from Pennsylvania.








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