[Congressional Record Volume 153, Number 102 (Friday, June 22, 2007)]
[Extensions of Remarks]
[Pages E1395-E1396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2008

                                 ______
                                 

                               speech of

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                         Tuesday, June 19, 2007

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 2641) making 
     appropriations for energy and water development and related 
     agencies for the fiscal year ending September 30, 2008, and 
     for other purposes:

  Mrs. MALONEY of New York. Mr. Chairman, I rise in support of the 
Hinchey-Wolf amendment, which would prohibit funds in this bill from 
being used to designate any area as a National Interest Electric 
Transmission Corridor (NIETC).
  By providing a 1-year time out in the designation of NIETCs, the 
amendment will force the Department of Energy, the Federal Energy 
Regulatory Commission, Congress, States and the public to reexamine the 
process for designating these areas to ensure that States' rights are 
upheld and people's personal property rights are protected.
  Specifically, this amendment will postpone a flawed plan by the 
Department of Energy to designate two vast swaths of the country as 
NIETCs. Far from narrow ``corridors,'' these massive areas encompass 
214 counties and 9 cities in 11 states, including large areas in my 
home State of New York.
  The way these areas have been designated has come under intense 
scrutiny, and for good reason. In a hearing in the Oversight and 
Government Reform Subcommittee on Domestic Policy earlier this year, it 
was made clear that the DOE did not adequately consult with the States 
on this issue and that the designations would actually hinder the 
States' efforts to address climate change. In addition, the congestion 
study which the proposed corridor designations are based on was 
fundamentally flawed. Last, the DOE simply failed to consider the 
appropriate alternatives to corridor designation.
  At that hearing Paul D. Tonko, Chairman, Committee on Energy, New 
York State Assembly said, ``There is little confidence, at this moment, 
that federal government officials--who are far removed from the 
physical and socio-economic location of local proposals--will be able 
to fully appreciate the environmental, economic and social impacts of 
long-range, high-voltage transmission lines in local communities.''
  I also want to note that Governor Eliot Spitzer of New York strongly 
supports the Hinchey amendment. He has made clear that the NIETC 
designation in New York is not only unnecessary, it would actually be 
counter-productive because if it is finalized, the FERC would be able 
to preempt parts of New York's long-established and efficient process 
for siting transmission lines.
  Most appallingly, if we do not pass the Hinchey amendment, the FERC 
could eventually have the ability to give energy companies the power of 
Federal eminent domain to force private landowners to sell parts of 
their property. We just cannot allow States' rights to be trampled and 
private property rights to be taken away.

[[Page E1396]]

  Yes, we absolutely need to make sure that there is an efficient 
process in place to meet the critical energy needs of my constituents 
in New York City and in other large urban areas. However, that process 
must also be fair. It must protect the rights of private property 
owners, take into account environmental and historic preservation 
concerns, and not unnecessarily usurp States' rights. That's why I will 
cast my vote in favor of the Hinchey amendment.

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