Remember when the U.S. DOE's triennial "congestion studies" under Sec. 1221 of the Energy Policy Act were a big deal? That was before the 4th Circuit told them that a state's denial of a project was not a "failure to act" that triggered federal intervention to usurp state authority to permit a transmission project. And that was before the 9th Circuit vacated the "corridors" the DOE designated in 2009 because of DOE's failure to consult with affected states. What's left behind is a useless section of statute that doesn't actually DO anything except waste taxpayer money on ridiculous "congestion studies" that do nothing but compile unverified data and opinion from the internet and the industry to inform the DOE's designation of future "congestion" corridors. Now when DOE issues one of its "reports" (three years past the deadline, or maybe it's on time and DOE just skipped the 2012 report) it's so anticlimactic that nobody knows about it.
And that's what happened with DOE's 2015 Report Concerning Designation of National Interest Electric Transmission Corridors. Big nothing. In fact, it was so uninteresting that DOE didn't even bother to send notice to all the folks who commented on its draft that it had completed its study. An astute commenter just happened across it.
Despite the industry's urging to continue attempting to use this tool to usurp state authority to site and permit transmission, or to simply delegate its authority to create corridors to transmission builders, the DOE decided not to designate any new corridors. Seems they have lost their taste for it after the beat down they suffered in federal court.
So, isn't it time to do away with this waste of taxpayer money? How much did this limp "report" cost to create? Congress needs to reconsider this mandate in any new energy legislation. It's a waste of time and money.
DOE's got issues. I note that this "report" appears to be the agency's recommendation to the Secretary on the designation of new corridors. I guess that would make it an "internal deliberation" that should be swept under the rug and hidden from the public? Maybe that's what the lack of notice was about? How come DOE is making this "internal deliberation" available to the public, but hiding its "internal deliberations" regarding Clean Line's application under Sec. 1222 of the Energy Policy Act? Something really stinks at DOE. They're operating like they are somehow above the public scrutiny and transparency that our federal agencies are bound to operate under. It's just one big taxpayer funded, opague industry party. And that spells trouble down the road the next time DOE finds itself in federal court over its industry-sympathisizing machinations of the Energy Policy Act.
Ut-oh, DOE!
So, let's toss Sec. 1221 on the failed legislation heap, but save room on the pile for Sec. 1222. It's coming.
And that's what happened with DOE's 2015 Report Concerning Designation of National Interest Electric Transmission Corridors. Big nothing. In fact, it was so uninteresting that DOE didn't even bother to send notice to all the folks who commented on its draft that it had completed its study. An astute commenter just happened across it.
Despite the industry's urging to continue attempting to use this tool to usurp state authority to site and permit transmission, or to simply delegate its authority to create corridors to transmission builders, the DOE decided not to designate any new corridors. Seems they have lost their taste for it after the beat down they suffered in federal court.
So, isn't it time to do away with this waste of taxpayer money? How much did this limp "report" cost to create? Congress needs to reconsider this mandate in any new energy legislation. It's a waste of time and money.
DOE's got issues. I note that this "report" appears to be the agency's recommendation to the Secretary on the designation of new corridors. I guess that would make it an "internal deliberation" that should be swept under the rug and hidden from the public? Maybe that's what the lack of notice was about? How come DOE is making this "internal deliberation" available to the public, but hiding its "internal deliberations" regarding Clean Line's application under Sec. 1222 of the Energy Policy Act? Something really stinks at DOE. They're operating like they are somehow above the public scrutiny and transparency that our federal agencies are bound to operate under. It's just one big taxpayer funded, opague industry party. And that spells trouble down the road the next time DOE finds itself in federal court over its industry-sympathisizing machinations of the Energy Policy Act.
Ut-oh, DOE!
So, let's toss Sec. 1221 on the failed legislation heap, but save room on the pile for Sec. 1222. It's coming.
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