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January 16, 2008

Power-line proposals disputed

Environmental groups’ suit: Transmission corridor invalid; endangered species hurt.

Eleven environmental organizations, led by the National Wildlife Federation, filed suit against the federal Department of Energy on Monday claiming the National Transmission Corridor is invalid and violates the Endangered Species Act.

The suit was filed in U.S. District Court in Scranton by the National Wildlife Federation, Sierra Club and several other regional and national environmental organizations. The transmission corridors give the Federal Energy Regulatory Commission authority on the placement of new power line proposals. In addition, a federal permit could allow the permit holder to exercise the right of eminent domain to acquire property rights to build a transmission project.

Traditionally, the Pennsylvania Public Utility Commission has given final approval for locating new transmission lines, but such decisions can be appealed to the Federal Energy Regulatory Commission if the state denies approval.

The Department of Energy in October approved the designation , which includes all of Luzerne County. Monday’s lawsuit lists several reasons why the designation should be ruled invalid, including: failure to confer with the Endangered Species Act, and failure to conduct an environmental impact study. The suit also maintains the extension of the corridor boundaries beyond congested areas will lead to urban sprawl.

The plaintiffs also allege the designation will place lands with historic and environmental significance at risk, along with farmland that has been preserved via conservation easements.

Energy Department spokeswoman Julie Ruggiero declined to comment on the case but said the corridor designation is an indication that significant transmission congestion problems exist.

"The goal is simple – to keep reliable supplies of electric energy flowing to all Americans,” Ruggiero said. "Designation of corridors, as directed by EPAct 2005, in and of itself has no environmental impact, but instead identifies a problem and shines a spotlight on areas of the country that are experiencing or could experience interruptions in power supply.”

State Rep. Phyllis Mundy, D-Kingston, opposed the designation when it was announced last year. Monday’s lawsuit, she said, is evidence that the issue is far from being settled.

Mundy said 52 of Pennsylvania’s 67 counties are in the corridor, posing environmental problems and intruding on states’ rights.

“I think it’s time for the federal government to stand up and take notice that we’re not going away,” Mundy said. “At a time when we are trying to reduce our use of fossil fuels, this corridor will just be a carrier of that same old dirty power.”








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