For Release: Dec. 4, 2007
Contact: J. Tucker Martin or David Clementson
Email: tucker.martin@oag.state.va.us or dclementson@oag.state.va.us
Phone: 804-786-2071
Statement of Attorney General Bob McDonnell on Federal Decision to Review National Interest Electric Transmission Corridor Designation
Richmond - Today the Department of Energy announced it would review its prior decision to create a Mid-Atlantic National Interest Electric Transmission Corridor (NIETC).
The corridor, as originally designated, included a significant portion of northern and central Virginia. Today’s decision follows a formal written request for a rehearing on the matter submitted last month by Attorney General Bob McDonnell and Governor Tim Kaine.
The Attorney General and Governor argued that Virginia’s inclusion in the proposed Mid-Atlantic corridor was both unnecessary and did not comply with federal law. Congressman Frank Wolf and Congressman Tom Davis voiced their strong support for the petition for rehearing.
In response to today’s positive first step toward the potential removal of Virginia localities from the Mid-Atlantic NIETC, Attorney General McDonnell released the following statement:
“I am pleased the Department of Energy has taken notice of Virginia’s petition for a rehearing on the proposed location of the energy transmission corridor. While I fully support infrastructure growth to facilitate economic development, Virginia should not be in this corridor. The inclusion of Virginia was done in a manner inconsistent with federal law, and fails to consider a number of local environmental, cultural, historical and aesthetic considerations. During the formal rehearing we will make this case again, and I look forward to a full and fair hearing from the Department of Energy.
“Pursuant to the Federal Power Act of 2005, NIETC’s permit the Federal Energy Regulatory Commission - at the application of private companies who have proposed transmission projects and applied for approval of siting to state commissions - to take over the decision-making concerning such proposals anytime a state commission either fails to make a decision on an application within a year, or decides within a year, but does not approve the project.
“The mechanism essentially allows state law, policy and practice to be entirely displaced by a federal administrative process, without any substantive justification for doing so. There has been no meaningful assertion that Virginia’s laws, policies and practices have been or are in any way inadequate to protect the state and regional interest in expanded transmission infrastructure. Additionally, there has been no previous request for Virginia input into the corridor location as required by the Act.
“The Department of Energy designated the following Virginia counties as part of the Mid-Atlantic Area NIETC: Arlington, Clarke, Culpeper, Fairfax, Fauquier, Frederick, Loudon, Madison, Page, Prince William, Rappahannock, Rockingham, Shenandoah, Stafford, Warren; and the following Virginia cities: Alexandria, Harrisonburg, Fairfax, Falls Church, Manassas, Manassas Park and Winchester.”
