[Congressional Record Volume 155, Number 2 (Wednesday, January 7, 2009)]
[Senate]
[Page S170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS ON JANUARY 6, 2009

      By Mr. SPECTER (for himself and Mr. Casey):
  S. 32. A bill to require the Federal Energy Regulatory Commission to 
hold at least 1 public hearing before issuance of a permit affecting 
public or private land use in a locality; to the Committee on Energy 
and Natural Resources.
  Mr. SPECTER. Mr. President, I seek recognition to speak on 
legislation I am introducing that will require the Federal Energy 
Regulatory Commission to hold at least one public hearing before 
issuance of a permit affecting public or private land use in a 
locality. I introduced legislation on this issue at the end of the 
110th Congress, and fully expect it to remain relevant as we move 
forward with upgrades to our energy infrastructure, possibly as part of 
an economic stimulus package. The legislation has been updated; namely, 
it now allows for a second hearing when officially requested by a 
county or local government to address issues not addressed at the 
original hearing.
  Increasing demand for electricity throughout the Northeast is putting 
a strain on energy infrastructure in my State, necessitating new 
transmission lines and natural gas pipelines and the expansion of 
existing ones. In southwestern and northeast Pennsylvania transmission 
line expansions are planned over hundreds of miles of private property, 
while in the southeast natural gas pipeline expansions are underway.
  There is no doubt these projects can be invasive, and rarely do they 
fail to be controversial. I make a point of touching all of 
Pennsylvania's 67 counties each year. In traveling Pennsylvania this 
Fall I heard a lot of complaints, which didn't come as a surprise. I 
heard frequently from constituents who oppose these infrastructure 
projects, and who felt their concerns were being ignored by the energy 
companies and by FERC.
  I realize there will always be some opposition to large 
infrastructure projects. What is unacceptable, however, is for the 
people of my State to feel that their voices were not heard, that their 
issues were ignored. It may be the case that these projects are 
necessary. The Federal Energy Regulatory Commission is the authority, 
and in exercising its authority it must be sensitive to local concerns.
  To address this I propose simply that FERC hold a hearing in these 
affected communities. In many cases this is already done, but my 
legislation makes it mandatory. State Public Utility Commissions, who 
have a great say in these matters, are beyond Congress' reach. But 
where the Federal Energy Regulatory Commission is involved we can take 
steps to ensure that our constituents' concerns receive due 
consideration. Holding a hearing may not lead to all sides agreeing on 
the proper route forward, but at the very least my Pennsylvania 
constituents will come away with the satisfaction of having publicly 
aired their grievances.
  To ensure that constituent concerns are given all due consideration, 
my legislation allows for affected parties to petition for a second 
hearing, provided certain conditions are met. In order for a second 
hearing to occur, a county government, or a municipal government within 
the affected county, must petition the Federal Energy Regulatory 
Commission for a second hearing. A second hearing will only occur to 
address an issue that was not addressed at the initial hearing, and the 
hearing shall occur between 30 and 60 days after approval by the 
Federal Energy Regulatory Commission.
  The safeguards included in this legislation are critical to 
protecting individual property rights. As the Nation moves forward in 
making needed updates to its infrastructure, defending citizens' 
constitutional right to redress their government with their concerns 
should be paramount for this Congress. I will continue to fight to 
allow my constituents to be heard when Federal projects will affect 
their rights as homeowners and landowners.

                          ____________________