The federal transmission "backstop" siting authority, approved by Congress in the Energy Policy Act of 2005, continues to draw opposition from Members of Congress whose districts or states are part of the two areas identified as "National Interest Electric Transmission Corridors" by the Department of Energy (DOE).
Sen. Robert Casey (D-PA) offered an amendment during the Senate Agriculture Committee's markup of the farm bill that would have prohibited the use of federal eminent domain on agricultural lands when siting transmission towers under the federal siting process. The amendment was, ultimately, defeated by the committee and the bill was subsequently adopted. It is expected that, during Senate floor consideration of the farm bill this week, Casey will again offer his amendment.
On October 31, a joint letter urging defeat of the amendment was sent to all Senators by key electric industry stakeholders, including the American Public Power Association (APPA), Edison Electric Institute (EEI), National Rural Electric Cooperative Association (NRECA), Electric Power Supply Association (EPSA) and the American Wind Energy Association (AWEA).
A similar effort to undermine DOE's NIETC authority was made during House consideration of the FY 2007 Energy and Water Development Appropriations bill, which funds DOE and other agencies. Reps. Maurice Hinchey (D-NY) and Frank Wolf (R-VA) offered an amendment to cut NIETC funds in the full committee and on the House floor; the amendment was defeated.
The NIETC controversy has flared again because DOE announced the designation of two transmission corridors in October 2007. One corridor covers seven counties in California and three in southwest Arizona; the second corridor runs from northern Virginia to New York.