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Enron Mail |
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Below please find the letter sent to Senator Bingaman from a number of stat= es rights stakeholders describing concerns about the Senator's proposed leg= islation. =20 [This letter can also be found at the following link: <http://www.nga.org/n= ga/legislativeUpdate/1,1169,C_LETTER<D_2539,00.html]? ? ? ? <http://www.ng= a.org/cda/images/NGALOGOBW.GIF<?? ??September 13, 2001 ??The Honorable Jef= f Bingaman?Chairman?Energy and Natural Resources Committee?SD-364 Dirksen S= enate Office Building?Washington, 20510-6150??RE: Electricity Legislation ?= ?Dear Chairman Bingaman:??The undersigned groups representing state and loc= al governments would like to begin a dialogue with you to discuss creative = measures for responding to electricity restructuring issues.??As you know, = the National Governors Association passed the attached policy at their Annu= al Meeting in Rhode Island earlier this month. The National Governors Assoc= iation (NGA) policy reaffirms the Governors' opposition to a legislative pr= oposal which would establish federal eminent domain authority over electric= ity transmission facilities. The Governors also agreed to establish a task = force to provide a forum for states, the private sector, and the Administra= tion to examine and discuss ways to ease bottlenecks in the transmission an= d energy infrastructure system. Late last year, the National Conference of = State Legislatures (NCSL) updated its National Energy Policy which was form= ally adopted August 15 at its Annual Meeting. This policy reinforces its op= position to Federal preemption of state authority over electric facility si= ting. Also at its Annual Meeting, NCSL adopted an Energy Regionalism policy= that supports states working together to address siting and reliability co= ncerns on a regional basis. In addition, by letter addressed to you dated J= uly 23, 2001, the NCSL reiterated its strong opposition to federal eminent = domain authority for electricity transmission lines. And in July 2001, the = National Association of Counties (NACo) adopted a Resolution on National En= ergy Policy outlining county officials' opposition to FERC eminent domain a= uthority without the provision of specific requirements that strengthen the= role of counties in planning for the siting of these lines. The report pre= pared for the Western Governors Association entitled, "Conceptual Plans for= Electricity Transmission in the West," also provides new avenues for devel= opment of transmission facilities. Finally, as the attached "Electricity Po= licy Principles" document, organizations representing virtually every organ= ization of state and local officials affected by electricity restructuring = have spoken with one voice that the regulation of rights of way necessary f= or expanded utility infrastructure should remain with state and local gover= nmental officials. In short, action is occurring at the state and regional = level.??Before any decision is made regarding federal siting legislation (i= ncluding eminent domain authority), it should first be established through = an independent analysis or study that it is in fact the action, or inaction= , of state and local governments that is preventing electric transmission l= ines from being sited. Thus far only anecdotal information concerning these= purported siting barriers has been conveyed to the Congress and the Admini= stration - primarily by electric transmission companies and their trade org= anizations.??With this in mind, the NGA - Center for Best Practices has est= ablished an Energy Task Force that, in collaboration with other state and l= ocal organizations, will review and make recommendations about siting issue= s, along with electricity generation and regional market issues. We ask tha= t you give deference to this Task Force and its recommendations before movi= ng forward with any legislative mandates or preemptive language in a legisl= ative proposal.??Sections 201 and 202 of S. 597 offer both a policy on regi= onal coordination and federal support for such efforts. This is a good star= t, worthy of serious consideration and analysis by the Congress. However, f= ederal preemption is a draconian step completely inconsistent with reasonab= le views of federalism and energy policy. In fact, many view the problems t= hat have developed in restructuring as primarily failings at the federal le= vel. Enhanced federal authority in that situation may well be counterproduc= tive.??Additionally, certain proposals contained in your September 6 draft = legislation on electricity issues would unreasonably constrain state effort= s to address electricity restructuring by increasing federal authority. The= proposals for enhanced federal jurisdiction over both bundled and unbundle= d transmission services, a legislative mandate to participate in RTOs, emin= ent domain authority for FERC, along with several other provisions pre-empt= ing State and local authority, limit the important adjudicatory and regulat= ory role of State commissions, Governors, legislators and local elected off= icials.??In short, we hope to work with you and the Committee to develop re= asonable legislative proposals that recognize the unique role of state and = local government. We want to work with you to help solve problems, not crea= te new ones. In that light, we would propose a meeting between state and lo= cal representatives and you and your staff as soon as possible. We look for= ward to meeting at your earliest convenience, prior to mark up of the elect= ricity title of your legislation.??Thank you for your time and consideratio= n in this important matter.??Sincerely,??National Governors Association?Nat= ional Conference of State Legislatures?National Association of Counties?Nat= ional Association of Towns and Townships?National Association of State Ener= gy Officials?National Association of Regulatory Utility Commissioners?Natio= nal Association of State Utility Consumer Advocates?Association of State En= ergy Research and Technology Transfer Institutions?Council of State Governm= ents??Cc: All Members of the Senate Energy and Natural Resources Committee
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