DOE's electric transmission corridors are illegal

Charlottesville, VA - The Department of Energy is flouting multiple environmental laws, perpetuating the nation's reliance on dirty coal, and putting human health, environmental and cultural resources at long-term risk by designating huge swaths of land in Virginia and elsewhere for future high-voltage transmission lines, says the Southern Environmental Law Center in a letter to the agency. Today is the deadline for public comments on DOE's proposed "national interest electric transmission corridors." The draft Mid-Atlantic corridor, from West Virginia to upstate New York, would cross 15 counties and seven cities in the Commonwealth.

SELC says federal law requires DOE to do a comprehensive environmental impact statement examining impacts from and alternatives to the corridor designations. The agency is also required specifically to consult with the U.S. Fish and Wildlife Service regarding impacts to threatened and endangered species, as well as study the impacts to national historic resources such as Civil War battlefields.

Furthermore, SELC says that the very act of proposing these corridors pre-empts genuine consideration of energy efficiency and conservation to meet future demand. It also dramatically changes the legal and regulatory landscape, pressuring states to fast-track approval of transmission line projects. The corridor designations give states one year to review the natural and historic resource impacts of projects - a virtually impossible task - after which utilities can circumvent the state and seek approval from the federal government.

"It's putting a thumb on the scale for one option and one option only - more high-voltage power lines to serve more polluting coal-fired power plants," says Cale Jaffe, staff attorney with SELC. In contrast, he said, "The DOE designations do nothing to fast-track investments in energy efficiency, conservation or other alternatives."

Public health As noted in SELC's letter, evidence shows that the Mid-Atlantic corridor would lead to an increase in electricity generated from dirty coal-fired power plants, which are a major source of air pollution, as well as global warming gases. In a 2006 study, DOE said Midwest coal-fired plants have more power than can be delivered to eastern markets due to transmission congestion. Further, PJM Interconnection, a major power distributor, says at least 6,000 megawatts of new coal-fired units will come online by 2012, and most will be located in the Midwest to avoid strict pollution control laws in eastern states like Maryland and Pennsylvania. Ironically, Jaffe says, much of the air pollution from the

Midwest plants blows into eastern states which suffer among the highest rates of premature deaths and pulmonary disease related to pollution.

Although the national corridors are not final, already Dominion Power and Allegheny Power have applied to build transmission lines within the proposed Mid-Atlantic corridor. Conservation groups estimate that the two projects put at risk:

• 21,725 acres of Civil War battlefields;
• 100,200 acres of land protected under conservation easement;
• 9,744 acres of publicly owned open space;
• 37 historic sites listed on Virginia and National registers;
• 69,190 acres of registered historic districts;
• 12.9 miles of the Appalachian Trail;
• 208 miles of scenic byway; and
• 62 miles of designated state scenic rivers.

Further, in Virginia, the Mid-Atlantic corridor would impact 300 rare and at-risk species, 20 of which are formally listed as state or federally threatened or endangered species, including the bald eagle, which remains on the state list and is still protected under two federal laws. Other species include the wood turtle, peregrine falcon, loggerhead shrike, and numerous aquatic and plant species.

SELC filed the comments on behalf the American Lung Association of Virginia and New Jersey Audubon. The National Wildlife Federation, Natural Resources Defense Council and The Wilderness Society signed onto SELC's letter, as well as filing their own comments with DOE.