North American Windpower: PUC Files Petition For Rehearing With DOE

by NAW Staff on Wednesday 14 November 2007

The Pennsylvania Public Utility Commission (PUC) filed for rehearing with the U.S. Department of Energy (DOE) over its National Interest Electric Transmission Corridor (NIETC) for the Mid-Atlantic region while also filing suit against the designation in the U.S. District Court.

In its petition for rehearing before DOE and its filing in the U.S. District Court, the PUC maintained that the NIETC is overly broad, calling the plan beyond the scope intended by Congress in the Energy Policy Act of 2005. The filing before the U.S. District Court also asks the court to prevent the Federal Energy Regulatory Commission from implementing the NIETC at this time.

According to both filings, the PUC alleges that the DOE's "expansive interpretation of its own powers is neither reasonable, nor reasonably required to effectuate Congress' purpose," nor is it supported by the Act.

In addition, the PUC says:

- the federal government failed to apply the law in a manner that is minimally intrusive on traditional state siting authority and jurisdiction

- DOE failed to adequately identify congestion levels and sources, and lacks the required findings of fact

- the NIETC boundaries fail to adhere to the requirements of the law

- the federal government used an inadequate basis for the NIETC designation, and

- DOE failed to include the requirement that a project not conflict with regional planning in its designation.

The current NIETC includes 52 out of Pennsylvania's 67 counties in the corridor's Mid-Atlantic region.

Don't miss the latest wind energy news -- register to receive NAW's news headlines.

Latest Top Stories

As U.S. DOJ Investigates, Duke Works Adaptive Management Plan

With previous golden eagle fatalities reported at two company-owned wind farms in Wyoming, Duke Energy Renewables is going to great lengths to protect raptors.

DOE To Recast Landmark 20% Wind Energy Report; Study Looks Back, Ahead

The U.S. Department of Energy will update its 20% Wind Energy By 2030 report, which indicated increased levels of wind penetration for the U.S. is not only possible but feasible.

Wind Energy Procurement Top Of Mind For Big-Name Companies

With greater frequency, top-tier companies are discovering the economic and environmental power of wind energy and upping their investments in the resource.

WINDPOWER Panelists Issue A Call To Arms: Protect RPS Mandates

Votes on several legislative bills concerning state renewable portfolio standards (RPS) are nearing. How can you help protect and maintain these development drivers?

Wind Industry Still Awaits First Eagle-Take Permit Under BGEPA

The first wind developer to apply for a take permit under the Bald and Golden Eagle Protection Act has withdrawn its application.