Wellinghoff looks to new transmission bill as court rejects EPAct interpretation

摘要

Chairman Jon Wellinghoff says a federal appeals court misread Energy Policy Act language by finding FERC cannot override a state's lawful denial of a transmission project located inside a DOE-designated corridor, but he suggested Wednesday that his main focus is not on looking back, but moving ahead.rnThe 4th US Circuit Court of Appeals on Monday denied a petition for en bane review of a three-judge panel's February 18 ruling (Piedmont Environmental Council v. FERC, 07-1651) that the commission said would "significantly" impair its ability to site "critical transmission facilities."rnEPAct gives the commission authority to site projects in DOE-designated national interest electric transmission corridors if a state agency has "withheld approval" for more than one year. In its final rule implementing that authority, FERC defined the phrase to include a state order denying a siting application. Commissioner Suedeen Kelly dissented from that finding.