1. POWER & PROTECTION ELECTRICITY, ENVIRONMENT, SITING

2. WHAT IMPACTS? Environment and natural resources Species and habitat Waterways and wetlands Woodlands Health Electric and magnetic fields Human safety Property Viewshed Noise Real estate value Agriculture

3. Viewshed WHAT IMPACTS? Courtesy of http://airphotoslive.com/portfolio/electric-power-transmission-line-simulations/

4. Birds and bats WHAT IMPACTS? Courtesy of Wisconsin PSC, Environmental Impacts of Transmission Lines (2011)

5. CRITTERS: AIR Birds and bats Main impact: collision with towers and lines, and possible electrocution Laws that apply: Federal Migratory Birds Treaty Act Endangered Species Act Bald and Golden Eagle Protection Act National Environmental Policy Act Pennsylvania Title 34 of Pennsylvania statutes, especially Chapters 1, 9, and 21 (Game Commission) Title 58 Chapters 131, 133, 137, and 147 of the Pennsylvania Code (Game Commission)

6. Streams and wetlands WHAT IMPACTS? Courtesy of Wisconsin PSC, Environmental Impacts of Transmission Lines (2011)

7. CRITTERS: WATER Fish, frogs, turtles Main impact: erosion, habitat loss Laws that apply: Federal Clean Water Act Endangered Species Act National Environmental Policy Act Pennsylvania Title 30 of the Pennsylvania statutes, especially Chapters 1, 9, and 21 (Fish & Boat); Title 58 Chapter 75 of the Pennsylvania Code (fish, amphibaeans, reptiles) Clean Streams Law; Title 25 Chapter 102 (E&S)

8. FRUITS & VEGGIES Laws that apply: Federal Endangered Species Act Pennsylvania Title 32 Chapter 24 of the Pennsylvania statutes (wild resource conservation) Title 17 Chapter 45 of the Pennsylvania Code (protected plants)

9. DISCORD ELSEWHERE California & Arizona, 2005 230 mile hV line transporting electrons from Arizona nuclear power plant to California consumers Environmental complaints: Impaired viewshed Harm to wildlife and vegetation Impacts to archeological and historic sites

10. DISCORD ELSEWHERE Arizona & New Mexico, 2013 Sunzia, 500 miles of 500kV lines transporting electrons across BLM land Environmental complaints: Done through NEPA process Habitat fragmentation through significant desert riparian area and migratory bird corridor Increased air quality impacts because transmission- capacity would feed fossil fuel generation Viewshed impairment

11. SunZia line DISCORD ELSEWHERE Courtesy of http://jaguarhabitatusa.wordpress.com/threats-to-habitat/transmission-line/

12. DISCORD ELSEWHERE New York & Connecticut, 2005 23 mile hV line transporting electrons from Connecticut power plants to New York consumers Environmental complaints: Excessive dredging Harm to shellfish beds

13. DISCORD HERE TrAIL in Pennsylvania & West Virginia Trans-Allegheny Interstate Line Company or TrAILCo TrAIL line to get electrons from western PJM to eastern PJM Crosses PA, WV, VA for 240 miles – 1.2 miles in PA Environmental complaints: Inadequate impact analysis

14. TRANSMISSION & ENVIRONMENT IN PA 25 Pa Code § 57.72 – What must an applicant submit? (7) A description of studies which had been made as to the projected environmental impact of the HV line as proposed and of the efforts which have been and which will be made to minimize the impact of the HV line upon the environment and upon scenic and historic areas, including but not limited to impacts, where applicable, upon land use, soil and sedimentation, plant and wildlife habitats, terrain, hydrology and landscape. (8) A description of the efforts of the applicant to locate and identify archaeologic, geologic, historic, scenic or wilderness areas of significance within 2 miles of the proposed right-of- way and the location and identity of the areas discovered by the applicant. (10) A general description of reasonable alternative routes to the proposed HV line, including a description of the corridor planning methodology, a comparison of the merits and detriments of each route, and a statement of the reasons for selecting the proposed HV line route

15. TRANSMISSION & ENVIRONMENT IN PA 25 Pa Code § 57.76 – How does the Commission decide? (1) That there is a need for it. (2) That it will not create an unreasonable risk of danger to the health and safety of the public. (3) That it is in compliance with applicable statutes and regulations providing for the protection of the natural resources of this Commonwealth. (4) That it will have minimum adverse environmental impact, considering the electric power needs of the public, the state of available technology and the available alternatives.

16. TRANSMISSION & ENVIRONMENT IN PA Springfield Twp v Pa PUC, 41 A.3d 142 (Pa. Commw. Ct. 2012) HV lines needed in Lehigh Valley for reliability Functional configuration vs route PPL chooses configuration first, then does multi-route analysis based on that configuration Springfield demanded that PPL and Commission do environmental analysis of all configurations, not just selected one Held: routes should be evaluates, not all configurations

17. TRANSMISSION & ENVIRONMENT IN PA TrAIL cases Energy Conservation Council v. Pa PUC, 995 A.2d 465 (Pa. Commw. Ct. 2010) Energy Conservation Council v. Pa PUC, 25 A.3d 440 (Pa. Commw. Ct. 2011) No need to produce studies No need for non-transmission alternatives No need for independent PUC analysis of environmental impacts Okay to have early, conditional approval

18. TRANSMISSION & ENVIRONMENT IN PA TRAiL cases Re Trans-Allegheny Interstate Line Co., 267 P.U.R.4 th 169 (W.Va. P.S.C. Aug 1, 2008) Similar law in WV “will result in an acceptable balance between reasonable power needs and reasonable environmental factors” 24 W.Va. Code § 24-2-11a. Like PA, no specific substantive standards; just a factual debate before the Commission

19. MITIGATION Edison Electric Institute, Reducing Avian Collisions with Power Lines: The State of the Art in 2012 (2012) Wisconsin Public Service Commission, Environmental Impacts of Transmission Lines (2011) Commission orders approving certificates, especially environmental conditions

20. AUTHOR Oday Salim, Esq. Staff Attorney Environmental Law Clinic University of Pittsburgh School of Law ods4@pitt.edu odaysalim@gmail.com 412.648.1300