Historically, the siting of electric transmission facilities was the exclusive province of state public utility commissions. In the Energy Policy Act of 2005 (EPAct 2005 or Act), Congress gave the Federal Energy Regulatory Commission (FERC or Commission) a “backstop” siting role in the event of lack of action by a state commission. In 2009, the U.S. Court of Appeals for the Fourth Circuit effectively gutted FERC’s rules implementing its backstop authority.
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