Although the Federal Power Act assigns
authority over regional transmission projects and interstate transmission needs to
FERC, it preserves state authority over siting and construction issues related to those
projects. See New York, 535 U.S. at 18-22 (explaining that 16 U.S.C. § 824 contains a
“‘clear and specific grant of jurisdiction’ to FERC” over interstate transmission service
and rates but “reserve[s] state powers” over other matters); S.C. Pub. Serv. Auth., 762
F.3d at 62

Transource brought its exceptions to the Recommended Decision before the full PAPUC, explaining in detail how the Recommended Decision misinterpreted FERC’s Order No. 1000, the meaning and weight of the PJM regional transmission planning process and decision on Project 9A, and the remaining role left for the PAPUC under state law in this context.

Pennsylvania made the choice to allow its utilities to join PJM, and it has reaped the benefits of being part of an integrated regional market. A consequence, however, is that the state has chosen to subordinate its police power interests in determining the need for new transmission projects to PJM’s determination of regional needs.

Under Pennsylvania law, the PAPUC’s order had immediate effect and is in force today, see 66 Pa. Cons. Stat. § 316, meaning that Transource is no longer a Pennsylvania-authorized public utility. Thus, Transource is no longer authorized to access lands for project assessment or to conduct appraisals.

Transource PA faces the prospect of imminent and irreparable harm as a result of the PAPUC’s order. Under its Designated Entity Agreement, Transource PA is required to acquire all state permits by September 30, 2021. A failure to meet that milestone date constitutes a breach of the agreement, which could result in the elimination of Project 9A from the Regional Transmission Expansion Plan and the termination of the agreement.

Transource PA requests such other and further relief as the Court may deem just and proper, including attorneys’ fees pursuant to 42 U.S.C.
§ 1988.

A project to generate electricity using wind turbines in Kansas and distribute the power in the Midwest and east coast is moving forward.
Invenergy has purchased nearly half of the land it needs in northern Missouri for the construction project that will begin in earnest in 2023. All of those deals have been the product of voluntary negotiations with landowners willing to sell, according to the company, although Invenergy could have used eminent domain to acquire the land.

In certain circumstances, for example when landowners have stated their intention not to
engage in a voluntary negotiation process or have repeatedly refused attempts to be contacted by the Project, the only option available to Grain Belt Express is to pursue a legal proceeding for right-of-way acquisition. Missouri law requires landowners be notified in writing no less than 60 days in advance of the intended initiation of any right-of-way acquisition legal proceeding. Kansas has no prior notice requirement, however the Project intends to inform landowners prior to beginning any legal proceedings. To be clear, this letter is being mailed to all landowners for informational purposes and does not constitute such notice.

If we are not able to come to terms on an easement agreement within 60 days of this letter, Grain Belt intends to file a condemnation action regarding the referenced property.

As it relates to the proposed acquisition, under the Missouri law, you have the right to:

b. Make a counteroffer and engage in further negotiations;

The issue could come up again next year, but Luckey said the company isn’t concerned with that, as Invenergy is open to talking with lawmakers.
“It’s about coming to the table and letting them know we respect their point of view and the constituents they represent,” Luckey said. “We want to be a partner with them, and we are going to continue education and outreach with citizens and lawmakers.”

Luckey said linking the Grain Belt Express to the power grid could have helped avoid the massive power outage Texas experienced in February.
“The line would have made it possible to import substantial amounts of excess electricity to supply from other regions to address those outages,” Luckey said.

Invenergy also lists benefits to Missouri including  the possibility of using the infrastructure to improve broadband internet connectivity to underserved areas.

We expressly reject any argument that the authority granted by the Pennsylvania Legislature to this Commission under the Code, including the power to apply Commission Regulations in the present circumstances, is preempted by the federal power pursuant to which PJM conducts its selection process for regional transmission planning purposes, including Project 9A.  To the extent Transource argues that this Commission is prohibited from rendering an independent determination of “need” for Project 9A, which may find that the weight of the evidence does not support a determination of “need” for the proposed project, pursuant to 52 Pa. Code § 57.76(a)(1), despite PJM’s selection of the project for regional planning purposes, we disagree. 

Contrary to Transource’s asserted position, the federal authority under which PJM operates does not extend beyond PJM’s approval process, where approval is sought from a state commission.  PJM approval for a project, including Project 9A, does not guarantee approval for siting and construction of transmission lines within the borders of the sovereign Commonwealth of Pennsylvania

FERC likewise recognizes this limitation stating the following as part of Order No. 1000:
 
We acknowledge that there is longstanding state authority over certain matters that are relevant to transmission planning and expansion, such as matters relevant to siting, permitting, and construction.  However, nothing in this Final Rule involves an exercise of siting, permitting, and construction authority. The transmission planning and cost allocation requirements of this Final Rule, like those of Order No. 890, are associated with the processes used to identify and evaluate transmission system needs and potential solutions to those needs. In establishing these reforms, the Commission is simply requiring that certain processes be instituted.  This in no way involves an exercise of authority over those specific substantive matters traditionally reserved to the states, including integrated resource planning, or authority over such transmission facilities. For this reason, we see no reason why this Final Rule should create conflicts between state and federal requirements.
 
The D.C. Court of appeals summarized Order No. 1000, as follows:
 
In Order No. 1000, the Commission expressly “decline[d] to impose obligations to build or mandatory processes to obtain commitments to construct transmission facilities in the regional transmission plan.” More generally, the Commission disavowed that it was purporting to “determine what needs to be built, where it needs to be built, and who needs to build it.”  As the Commission explained on rehearing, “Order No. 1000’s transmission planning reforms are concerned with process” and “are not intended to dictate substantive outcomes.” The substance of a regional transmission plan and any subsequent formation of agreements to construct or operate regional transmission facilities remain within the discretion of the decision-makers in each planning region.

...nor shall private property be taken for public use, without just compensation.

If we are not able to come to terms on an
easement agreement within 60 days of this letter, Grain Belt intends to file a condemnation action regarding the referenced property.

Congress should consider legislation to provide greater federal siting authority to the Federal Energy Regulatory Commission for projects like these that are clearly in long-term national security, climate protection and consumer interests. A recent National Academy of Sciences report on achieving net zero U.S. greenhouse gas emissions by 2050 found that new siting and permitting for transmission must be pursued to “put in place, in a timely fashion, the kind of high-voltage interstate transmission system that is needed for deep decarbonization.”

The California power grid operator told the public to prepare to conserve energy next week if needed as homes and businesses crank up their air conditioners to escape what is forecast to be a brutal heatwave.

But the ISO said it will notify the public if it needs to take steps to reduce electricity use, including a call for public conservation and if the grid becomes seriously stressed, rotating outages.

The group responsible for North American electric reliability has already warned that California is the U.S. region most at risk of power shortages this summer because the state increasingly relies on intermittent energy sources like wind and solar...

Texas's embattled electrical grid operator warned residents to cut electricity use "as much as possible" for the rest of this week, as several days of heat over 90 degrees Fahrenheit (32°C), combined with generation outages, could strain the grid even before summer officially starts.

ERCOT was "supposed to have enough reserves to meet peak demand this summer, yet here we are in mid June with the first bout of high temperatures and they are already seeking conservation," said Matt Smith, director of commodity research at ClipperData, a provider of commodities data and analytics.
"It does not bode well for the months ahead," Smith said.

Hacking Gang Threatens to Leak Billionaire's "Spicy" Secrets -- Chicago-based Invenergy vowed that it would not capitulate and pay cybercriminals...

Ever since President Xi Jinping pitched the idea of a “global energy internet” to the United Nations six years ago, China’s been trying to persuade the world to build the high voltage highways that would form its backbone. That plan to wrap the planet in a web of intercontinental, made-in-Beijing power lines has gone pretty much nowhere. Yet the fortunes of so-called supergrids appear to be turning, if not on quite the spectacular, Bond-villain scale Xi first envisaged.