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A twenty-first century Lazarus?
Sager, Santosh
Sager, Santosh
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Abstract
"In early 2009, the Fourth Circuit struck down a rule issued by the Federal Energy Regulatory Commission (FERC) interpreting section 1221 of the Energy Policy Act of 2005 (EPAct). This provision authorized FERC to approve the proposed siting of transmission projects in specially designated areas subject to congestion, known as “National Interest Electric Transmission Corridors,” where a state agency had “withheld” approval of the project for more than a year. FERC’s final rule interpreted this provision to apply to instances where the state agency had actively denied a siting application, in addition to instances where the agency merely failed to make a decision. As a result of the Fourth Circuit’s decision that “withheld” does not encompass a denial, a single state regulator may kill an interstate transmission project and FERC has no authority to intervene, regardless of the value of the project. Given the importance of interstate transmission projects to relieving congestion and developing location-constrained renewable energy generation, Congress has taken preliminary steps to further expand federal authority over transmission siting in the wake of Piedmont Environmental Council v. FERC." (p. 1)
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2010
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With permission of the license/copyright holder