From EPAct to Order 1000, siting authority continues evolving.
Matthew J. Agen is a member of Post & Schell P.C.’s energy group and can be reached at matthewagen@postschell.com.
It has been six years since the enactment of the Energy Policy Act of 2005 (EPAct 2005),1 which, through the addition of Federal Power Act (FPA) § 216,2 granted the Federal Energy Regulatory Commission (FERC) “backstop” siting authority for electric transmission projects. Despite the new federal authority and the need for additional transmission capacity, no construction permits have been issued by FERC, no applications are pending before FERC, and the single pre-filing request submitted under FERC’s siting application process was withdrawn.3 Nevertheless, the dearth of federal permitting activity has not stopped the courts and FERC from further weighing in on transmission siting and interstate transmission issues.