State and Federal Regulators May be Able to Override Loudoun County Restrictions on Transmission Lines
Loudoun and Prince William County citizens have become increasingly vocal with concerns about the proliferation of data centers and associated high energy transmission lines.
According to a recent article in Loudoun Now, a proposed Federal designation may give both State and Federal regulators power to override local authority to regulate the location of the transmission lines.
Virginia is within the Department of Energy’s (DOE) Mid-Atlantic region which includes West Virginia, Kentucky, Delaware, New Jersey, Ohio, Pennsylvania, and Maryland. A DOE study released in October 2023 designated the Mid-Atlantic Region as a National Interest Electric Transmission Corridor(NIETC) because it is experiencing consistently high electrical energy prices. The study concludes that additional transmission lines bringing cost-effective generation to the area would help lower those prices.
Because of this NIETC designation, the State Corporation Commission (SCC) will have the authority to override Loudoun’s carefully developed zoning regulations, historic designations, and conservation easements restricting the placement of transmission lines.
Furthermore, if the SCC were to deny a proposed transmission route through Western Loudoun, an applicant could still apply to the Federal Energy Regulatory Commission (FERC) to override the SCC decision.
According to the January 18th Loudoun Now article, Florida based NextEra Energy has applied for and received approval to build a 130-mile 500 kV transmission line, known as the MidAtlantic Resiliency Link, that would cross Loudoun County.
NextEra must still receive approval of the route from the State Corporation Commission before it can begin construction on the line. According to a Dec. 11 press release NextEra has pledged to work with the Loudoun County to build the project.
“The study aims to identify a route that meets the technical specifications and economic needs of the project while avoiding or minimizing impacts on landowners, local communities and the natural environment,” NextEra representatives told Loudoun Now in an email.
According to the DOE, the initial window for public comment and recommendations on NIETC designation will remain open until 5 p.m. ET on February 2, 2024. Submissions can be made by emailing NIETC@hq.doe.gov. The public will also have an opportunity to submit information in response to DOE’s preliminary list of potential NIETC designations, which it expects to release in Spring 2024. The DOE will then review all community and stakeholder input before moving on to phase three. |
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