Democratic Senate Majority Leader Harry Reid (D-Nev.) announced last week that he would be introducing legislation in the senate that would give federal regulators the authority to override state regulators on transmission line placement.

“We cannot let 231 state regulators hold up progress. There may come a time when the federal government will have to step in,” said Senator Reid.

This bill is a follow-up to the Energy Policy Act of 2005, which attempted to give FERC this authority. But that law stated that it would only apply if local regulators first did not act.  The new bill would provide the foundation for President Obama’s plans to string transmission lines across the nation to bring new wind and solar power from remote areas to urban centers.

The plan was underscored on February 24 as President Obama addressed a joint session of congress, urging additional action on energy infrastructure.

This issue promises to be contentious, as the use of eminent domain at the federal level will bring fights on both federalism issues as well as the typical fights about property rights.  While some, such as New York Governor George Pataki, recognize the need for these lines, they also recognize the coming battles.  “If you try to run a wire through someone's community, that becomes about as contentious as you get.  You don't have to take a poll —no one is going to be for it," Said Governor Pataki last week.

   Quick Take: There is no guarantee that this process will expedite the construction of these lines, depending on how the bill is written.  If the bill simply gives federal regulators the authority to supersede state and local decisions, it may still have to wait several years before those decisions get made.  State and local regulators will undoubtedly use stalling tactics in these cases.  Add to this the weight of litigation that will ensue, and we may be a decade away from any of these lines actually delivering power.

   Read the Associated Press Article on Senator Reid’s bill