Transcript Environs

POWER &
PROTECTION
ELECTRICITY, ENVIRONMENT, SITING
WHAT IMPACTS?
Environment and natural resources
• Species and habitat
• Waterways and wetlands
• Woodlands
Health
• Electric and magnetic fields
• Human safety
Property
•
•
•
•
Viewshed
Noise
Real estate value
Agriculture
Courtesy of http://airphotoslive.com/portfolio/electric-power-transmission-line-simulations/
WHAT IMPACTS?
Viewshed
Courtesy of Wisconsin PSC, Environmental Impacts of Transmission Lines (2011)
WHAT IMPACTS?
Birds and bats
CRITTERS: AIR
Birds and bats
Main impact: collision with towers and lines, and possible
electrocution
Laws that apply:
•
Federal
•
• Migratory Birds Treaty Act
• Endangered Species Act
• Bald and Golden Eagle Protection Act
• National Environmental Policy Act
Pennsylvania
•
•
Title 34 of Pennsylvania statutes, especially Chapters 1, 9,
and 21 (Game Commission)
Title 58 Chapters 131, 133, 137, and 147 of the
Pennsylvania Code (Game Commission)
Courtesy of Wisconsin PSC, Environmental Impacts of Transmission Lines (2011)
WHAT IMPACTS?
Streams and wetlands
CRITTERS: WATER
Fish, frogs, turtles
Main impact: erosion, habitat loss
Laws that apply:
•
Federal
•
• Clean Water Act
• Endangered Species Act
• National Environmental Policy Act
Pennsylvania
•
•
Title 30 of the Pennsylvania statutes, especially Chapters
1, 9, and 21 (Fish & Boat); Title 58 Chapter 75 of the
Pennsylvania Code (fish, amphibaeans, reptiles)
Clean Streams Law; Title 25 Chapter 102 (E&S)
FRUITS & VEGGIES
Laws that apply:
• Federal
• Endangered Species Act
• Pennsylvania
• Title 32 Chapter 24 of the Pennsylvania statutes (wild
resource conservation)
• Title 17 Chapter 45 of the Pennsylvania Code
(protected plants)
DISCORD ELSEWHERE
California & Arizona, 2005
• 230 mile hV line transporting electrons from Arizona
nuclear power plant to California consumers
• Environmental complaints:
• Impaired viewshed
• Harm to wildlife and vegetation
• Impacts to archeological and historic sites
DISCORD ELSEWHERE
Arizona & New Mexico, 2013
• Sunzia, 500 miles of 500kV lines transporting electrons
across BLM land
• Environmental complaints:
• Done through NEPA process
• Habitat fragmentation through significant desert
riparian area and migratory bird corridor
• Increased air quality impacts because transmissioncapacity would feed fossil fuel generation
• Viewshed impairment
Courtesy of http://jaguarhabitatusa.wordpress.com/threats-to-habitat/transmission-line/
DISCORD ELSEWHERE
SunZia line
DISCORD ELSEWHERE
New York & Connecticut, 2005
• 23 mile hV line transporting electrons from Connecticut
power plants to New York consumers
• Environmental complaints:
• Excessive dredging
• Harm to shellfish beds
DISCORD HERE
TrAIL in Pennsylvania & West Virginia
• Trans-Allegheny Interstate Line Company or TrAILCo
• TrAIL line to get electrons from western PJM to eastern
PJM
• Crosses PA, WV, VA for 240 miles – 1.2 miles in PA
• Environmental complaints:
• Inadequate impact analysis
TRANSMISSION &
ENVIRONMENT IN PA
25 Pa Code § 57.72 – What must an applicant submit?
•
•
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(7) A description of studies which had been made as to the
projected environmental impact of the HV line as proposed
and of the efforts which have been and which will be made to
minimize the impact of the HV line upon the environment and
upon scenic and historic areas, including but not limited to
impacts, where applicable, upon land use, soil and
sedimentation, plant and wildlife habitats, terrain, hydrology
and landscape.
(8) A description of the efforts of the applicant to locate and
identify archaeologic, geologic, historic, scenic or wilderness
areas of significance within 2 miles of the proposed right-ofway and the location and identity of the areas discovered by
the applicant.
(10) A general description of reasonable alternative routes to
the proposed HV line, including a description of the corridor
planning methodology, a comparison of the merits and
detriments of each route, and a statement of the reasons for
selecting the proposed HV line route
TRANSMISSION &
ENVIRONMENT IN PA
25 Pa Code § 57.76 – How does the Commission decide?
• (1) That there is a need for it.
• (2) That it will not create an unreasonable risk of
danger to the health and safety of the public.
• (3) That it is in compliance with applicable statutes
and regulations providing for the protection of the
natural resources of this Commonwealth.
• (4) That it will have minimum adverse environmental
impact, considering the electric power needs of the
public, the state of available technology and the
available alternatives.
TRANSMISSION &
ENVIRONMENT IN PA
Springfield Twp v Pa PUC, 41 A.3d 142 (Pa. Commw. Ct. 2012)
• HV lines needed in Lehigh Valley for reliability
• Functional configuration vs route
• PPL chooses configuration first, then does multi-route
analysis based on that configuration
• Springfield demanded that PPL and Commission do
environmental analysis of all configurations, not just
selected one
• Held: routes should be evaluates, not all
configurations
TRANSMISSION &
ENVIRONMENT IN PA
TrAIL cases
Energy Conservation Council v. Pa PUC, 995 A.2d 465
(Pa. Commw. Ct. 2010)
Energy Conservation Council v. Pa PUC, 25 A.3d 440
(Pa. Commw. Ct. 2011)
• No need to produce studies
• No need for non-transmission alternatives
• No need for independent PUC analysis of
environmental impacts
• Okay to have early, conditional approval
TRANSMISSION &
ENVIRONMENT IN PA
TRAiL cases
Re Trans-Allegheny Interstate Line Co., 267 P.U.R.4th 169 (W.Va.
P.S.C. Aug 1, 2008)
• Similar law in WV “will result in an acceptable
balance between reasonable power needs and
reasonable environmental factors” 24 W.Va. Code
§ 24-2-11a.
• Like PA, no specific substantive standards; just a
factual debate before the Commission
MITIGATION
• Edison Electric Institute, Reducing Avian Collisions with
Power Lines: The State of the Art in 2012 (2012)
• Wisconsin Public Service Commission, Environmental
Impacts of Transmission Lines (2011)
• Commission orders approving certificates, especially
environmental conditions
AUTHOR
Oday Salim, Esq.
Staff Attorney
Environmental Law Clinic
University of Pittsburgh School of Law
[email protected]
[email protected]
412.648.1300