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2009 Report - Pennsylvania Public Utility Commission

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Figure 1.4 MISO Footprint<br />

Transmission Line Expansion<br />

Effective October 5, 2007, the U.S. Department of Energy designated all or<br />

major portions of West Virginia, <strong>Pennsylvania</strong>, Maryland, Delaware, the District of<br />

Columbia, New Jersey, New York and Virginia, as well as minor portions of Ohio<br />

as the Mid-Atlantic Area National Interest Electric Transmission Corridor under<br />

Section 1221 of the Energy Policy Act of 2005. The designation will remain in<br />

effect until October 7, 2019. The corridor includes 52 out of <strong>Pennsylvania</strong>’s 67<br />

counties. Section 1221 gives FERC authority to approve the construction or<br />

modification of electric transmission facilities within a designated corridor if the<br />

state does not approve an application within one year. 13 See Figure 1.5.<br />

13 On February 18, <strong>2009</strong>, the U.S. Court of Appeals for the Fourth Circuit issued a decision reversing, vacating and<br />

remanding key elements of FERC’s final rule implementing its backstop siting authority under Section 216 of the<br />

Federal Power Act. In essence, the Court rejected FERC’s interpretation that it may exercise its backstop authority<br />

when a state commission has affirmatively denied a permit application within one year. Piedmont Environmental<br />

Council v. FERC, No. 07-1651 (4 th Cir. Feb. 18, <strong>2009</strong>).<br />

Electric Power Outlook for <strong>Pennsylvania</strong> 2008-2013 7

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