On November 15, 2021, President Biden signed into law the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA).1 Among the changes and funding set out in the IIJA, a provision granted FERC authority to supersede state siting decisions for electric transmission projects. The Energy Policy Act of 2005 (EPAct of 2005) first authorized the Federal Energy Regulatory
Wednesday, January 27, 2021
Recently certain policy advocates have suggested that the Federal Energy Regulatory Commission (FERC) should attempt to revitalize the Federal Power Act Section 216 “backstop siting” authority as a means of addressing climate change. Their objective is to facilitate the construction of more long-haul transmission lines from areas with excess renewable generation, so zero-emitting generation can reach more markets.
This post does not comment on that objective. It comments on the backstop siting authority. Specifically, it discusses whether FERC’s backstop siting authority extends only to cases where a State decision has been delayed, or also where approval has been denied. In short, the statute in fact was designed to extend to both delays and denials. I represented a coalition that worked on and advocated for the provision.