Western Governors’ Association

 

Protocol Among Western States Governing the Siting and Permitting of Interstate Electric Transmission Lines

 

A.  BACKGROUND

 

  1. The transmission system in the continental United States is organized into three electric interconnections:  The Western Interconnection, which covers all or parts of 14 Western states, two Canadian provinces and northwest Mexico;  the Eastern Interconnection, which includes all or parts of the States of North Dakota, Montana, South Dakota, Nebraska, Kansas, Texas and ___ eastern states and __ Canadian provinces; and,  ERCOT, the Electric Reliability Council of Texas, which includes most of that state.

 

  1. The Western Interconnection is a highly interconnected system that links generators and electricity loads across a region with highly variable demand characteristics due to seasonal loads and unique demograhics. 

 

  1. In the United States, authority to grant the power of eminent domain for the construction of new electric transmission facilities lies with the states.

 

  1. Although western states have a sterling record in permitting interstate transmission lines, expanding regional wholesale markets will require greater coordinating among states in the review of proposed interstate transmission facilities.

 

B.  GOVERNORS’ POLICY POSITION

 

  1. The purposes of this Protocol are to enhance the communication among Western state governors and state agencies on the review of proposed interstate transmission facilities to formalize a process of notification of states affected by proposed transmission facilities and to establish a framework to coordinate the review of specific interstate transmission proposals.

 

  1. Western governors believe that thorough and timely review of proposed interstate transmission facilities is a necessary, but not sufficient, step to ensure adequate, affordable and reliable electricity supplies to Western consumers.  When linked with a pro-active regional transmission planning process that considers transmission and non-transmission alternatives and appropriate systems for financing new transmission and alternatives, coordinated reviews of proposed interstate transmission facilities will enable the construction needed transmission and ensure that the public interest is protected.

 

  1. Western governors will work with grid organizations in the West, including the Western Electricity Coordinating Council, the Mid-Continent Area Power Pool and any Regional Transmission Organizations that form in the West, to identify the information needed by appropriate state agencies for planning, siting, and reviewing permit applications.

 

  1. Western governors will develop procedures to see that information is shared and evaluated early in the transmission planning and siting processes.

 

  1. Western governors will notify and consult with each others state regarding decisions on proposed interstate transmission projects, and will request that their state and local government agencies with transmission permitting responsibilities do the same.

 

  1. Western governors will cooperate to secure the involvement of appropriate Federal agencies and Indian Tribes that have responsibility for the planning, financing, construction, or granting of rights-of-way and other permits.  In order to unify the information needs, reviews under the National Environmental Policy Act, and hearing requirements of agencies with responsibility for proposing or reviewing interstate transmission projects, the governors will request that state and local government agencies with permitting responsibilities develop coordinated review schedules and processes with tribes and appropriate federal agencies.

 

  1. Nothing in this Protocol shall be construed to limit, repeal, or in any manner modify the existing legal rights, privileges, and duties of the parties hereto as provided by agreement, statute or any other law or applicable court decision.

 

C.  GOVERNORS’ MANAGEMENT DIRECTIVE

 

  1. Each signatory to this Protocol will provide the Western Governors’ Association with the name of a point of contact within state government for the implementation of this Protocol, including the necessary notifications herein.

 

  1. We will give copies of this Protocol to state agencies with responsibilities for the review of transmission proposals.

 

  1. We will sign executive orders to take administrative action within 120 days of the signing of this protocol making the elements of this Protocol state policy.

 

  1. The Western Governors’ Association, through its affiliate, the Western Interstate Energy Board, will provide a report on the implementation of this protocol at each annual meeting of the Association, and may provide interim reports as warranted. 

 

  1. The signatories will review the implementation of this Protocol on an annual basis. 

 

F:\Energy\protocol1.0.doc