Date: Wednesday, September 17 @
03:55:46 PDT
Topic: Energy
To conservative Republicans, especially those from the
West, few things are more sacred than property rights. Their
attitude is usually that the government, especially the
federal government, should keep its hands off private
land.
But as they negotiate a new national
energy policy, House Republicans and the Bush administration
want to grant the federal government substantial new power to
allow the seizure of property — even if it means overruling
state and local authorities — to establish corridors for
high-capacity interstate power lines.
Supporters of the proposal say new transmission lines are
needed to head off blackouts like the one that crippled the
Northeast and parts of the Midwest last month, and that the
new federal powers are needed to ensure that property owners
do not stand in the way.
The issue could complicate negotiations on the broad energy
bill being conducted between House and Senate Republicans.
Republican senators from the West have resisted such new
federal powers in the past.
"I have been warned by some of our people not to do it,"
said Senator Pete V. Domenici, a New Mexico Republican who is
chairman of the House-Senate conference that is working on the
measure. "But I am not going to go into this conference
frightened to death of the idea of having to make some
compromise with the House on eminent domain."
The House bill would enable the Federal Energy Regulatory
Commission to approve power line routes that have been blocked
or delayed by a state, if the agency found the new lines would
significantly ease congestion along the power grid. Companies
building the high-voltage lines would be able to exercise
eminent domain to acquire rights-of-way if they compensated
land owners. The Senate bill does not allow for such
intervention.
It is a delicate subject for Republicans who oppose federal
intrusion on property owners and often complain that
environmental laws violate property rights. But supporters of
the proposal say modernization has been held back because
utilities have no guarantee that they can add to the more than
150,000 miles of existing power lines.
"I'm not real wild about that part of the bill, but when
you are talking about building these power lines across
hundreds if not thousands of miles, you can't have one
property owner holding up the whole thing," said
Representative Richard W. Pombo, a California Republican who
is chairman of the House Resources Committee.
The National Governors Association, environmental groups
and other organizations representing state and local officials
whose powers might be usurped oppose the proposal.
But the blackout has softened opposition from lawmakers.
"The blackout probably shifted all of us slightly," said
Senator Larry E. Craig, Republican of Idaho, who said he would
still work against the eminent domain proposal. Still, he
said, he was not "going to give the states the absolute right
of veto."
Transmission line proposals have been controversial for
decades, as landowners, local governments and others fought
them on environmental, health and safety grounds. Usually, the
disputes have been settled in local forums and courts.
The latest move in Congress "is a significant change in law
if it is enacted," said Diane Shea, who handles natural
resources issues for the governors association.
Ms. Shea and other critics of the proposal say it is based
on the faulty premise that states frequently block new
transmission lines. They say that such cases are rare, and
that objections are handled responsibly when they do arise.
The proposal has drawn the attention of property rights
advocates who contend that once such new authority is handed
to a government agency, it tends to be used as a hammer to
intimidate land owners.
"When you put that kind of power in the hands of an
individual whose job it is to run a straight line from X to Y
on a map, he doesn't care about one man's farm or another
man's business," said Charles Cushman, executive director of
the American Land Rights Association, whose members are mainly
property owners opposed to regulation.
The Bush administration backs the proposal, which it first
advanced in the energy policy drawn up in 2001 by a task force
headed by Vice President Dick Cheney. In its position paper on
the energy bill issued last week, the administration said it
"strongly supports" providing "last-resort federal siting
authority for high-priority transmission lines" and easing the
permit process for lines crossing federal land.
The idea was also supported at the House hearings on the
blackout by E. Linn Draper Jr., chairman of American Electric
Power, a major electricity producer. Mr. Draper said his
company spent 13 years and $50 million winning approval to
build a line linking West Virginia and Virginia.
Representative Rick Boucher, a Virginia Democrat who
opposes granting the federal government new power line
authority, said the American Electric Power case was an
example of how the system works because the company won
approval after resolving local objections. Mr. Boucher said
the authors of the energy policy were searching for provisions
they could point to as ways to fight blackouts while advancing
a controversial energy plan that went far beyond electricity
concerns.
Representative Billy Tauzin, Republican of Louisiana and
chairman of the House Energy and Commerce Committee, said
giving the federal government authority to settle power line
disputes would encourage needed investment in transmission
systems. He compared it to federal authority for routing
natural gas pipelines.
"Our view is that the feds should and can have a role when
it involves an interstate power line of national
significance," Mr. Tauzin said. "It is a limited role and is
consistent with the notion that taking property for public
purposes with compensation does not violate property rights."
By Carl Hulse
New York Times -