8(b)-Expresses the intent of Congress that States are to be encouraged to adopt compacts, cooperative procedures and joint actions to coordinate and resolve environmental and other considerations; it being a basic intent and purpose of the Bill to facilitate and encourage State or regional certification, to assist States in eliminating manifold or layered approvals from various resource or economic regulatory agencies, and to coordinate their respective regional interests through regional certifying agencies as defined in section 3; and

Directs the Federal Power Commission to encourage the enactment of appropriate uniform State laws for purposes of certificating bulk power supply facilities of electric entities.

CERTIFICATION IMPLEMENTATION (FEDERAL ELECTRIC ENTITIES)

Section 9-Implements the certification requirement for bulk power supply facilities of Federal electric entities by prohibiting any such entity from commencing to construct such facilities upon and after two years from the enactment of the Bill unless such entity has obtained an appropriate certificate of site and facility;

This Section parallels section 7, which latter Section applies to non-Federal systems (electric entities);

9(a)-Recognizes that this certification will be pursuant to action of the Federal certifying agency;

9(b)-Establishes as a statutory requirement that the certification procedure shall be based upon a comprehensive use of resources test;

Establishes as a statutory requirement that the certifying agency shall find and apply this test to the construction, operation and maintenance of the facilities through conditions in the certificate;

These requirements being the same as set forth in section 7(c);

9(c)-Applies the filing requirements of section 7(b) to applications under section 9; and

9(d)—Applies the provisions of section 7(d) to section 9.

OVERALL CERTIFICATE REQUIREMENTS

Section 10, 10(a)-States that certification provisions and conditions are to recognize the dynamics of change in values to be balanced in the certification process and specifies what shall be the overall obligation of the holder of the certificate of site and facility whether issued under sections 7 or 9:

Acceptance thereof by the holder

Agreement to comply with all provisions of the Act (Bill)

Specifies that certificates of site and facility are to be final and conclusive subject only to judicial review-as State laws may authorize when there is State certification; and as the Act (Bill) authorizes when there is Federal certification, i.e., the judicial review procedures of the Federal Power Act, section 313; 10(b)-Specifies conditions of the certificate in matters of environment, adequacy and reliability of electric service:

Holders' undertaking to comply with all applicable Federal, State, regional and local laws governing air, land, water quality or other environmental considerations;

Holders' undertaking to accomplish the objectives of reliability and adequacy of electric service, all as set forth in Section 202(a) of the Federal Power Act

Other terms and conditions necessary or appropriate to the purposes of this Act (Bill);

10(c) Specifies the statutory finality of the certificate, subject only to judicial review, i.e., to recognize the need for an end to hearings and proceedings affecting bulk power supply facilities once they have been certificated in accordance with the requirements of the Act (Bill).

EMINENT DOMAIN-QUICK TAKE

Section 11-Authorizes non-Federal systems holding certificates of site and facility (electric entities) to utilize eminent domain procedures in Federal or State courts to acquire needed property; and where the Federal courts are used, quick take procedures apply.

ACCESS-FEDERAL LANDS

Section 12-Authorizes access to Federal public lands and reservations (excludes National parks and National monuments) for rights-of-way needed by electric entities and Federal electric entities to construct certificated bulk power supply facilities;

Restricts this access to periods not greater than 50 years and subjects the user (certificate holder) to land use terms and conditions to be specified by the respective department or agency under whose general supervision the lands fall; and Public lands and reservations being those as referred to in Section 3 of the Federal Power Act.

STUDY AUTHORIZATION

Section 13-Authorizes and directs the Federal Power Commission to conduct studies of siting concepts relative to bulk power supply facilities and directs that the results of such studies be made public information.

INTERDEPARTMENTAL AGENCY COOPERATION

Section 14-Authorizes and directs all Federal departments and agencies to correlate their policies, programs and procedures and cooperate with State, regional and Federal certifying agencies to effectuate the purposes of the Act (Bill);

14(a)-Requires that all Federal departments and agencies seek to correlate the administration of their laws governing environmental factors as they may relate to electric power resource matters so as to facilitate an integrated decision by the Federal certifying agency taking account of all relevant aspects, and to avoid duplicate hearings and the layering of regulatory approvals; in essence a feature designed to accomplish one stop consideration at the Federal level paralleling section 5 when bulk power facility supply certifying action is at the State level; 14(b)-Requires all Federal departments and agencies to implement this requirement with all necessary legislation proposals and to report the same to the President by July 1, 1971, in accordance with the provisions of the National Environmental Policy Act of 1969, section 103; and

14(c) Specifies that all Federal departments and agencies shall furnish technical experts, assistance and information to certifying agencies and make studies of sites or routings affecting bulk power supply facilities which may be requested by one or more States, in cooperation with other interested Federal, State or local agencies, with the findings made available to all concerned.

RESERVATION AS TO OTHER LAWS

Section 15(a)-States that the provisions, policies and goals of the Act (Bill) supplement other laws of the United States;

15(b)-Specifies that the Federal certifying agency shall seek the environmental conclusions and recommendations of the Governor of any State which does not invoke the certificate jurisdiction of section 5, in order to facilitate an integrated decision by Federal certifying agency on environmental and electric power resource matters; this in recognition of the fact that Federal certifications would follow under section 7 in the absence of State or regional certification of bulk power supply facilities; and

15(c) Relieves the Federal certifying agency, when acting pursuant to sections 7 or 9 of the Act (Bill), from the requirement of completing a detailed statement pursuant to Section 102 (2) (c) of the National Environmental Policy Act of 1969.

ADMINISTRATIVE ENFORCEMENT

Section 16-Authorizes and establishes as a part of this Act (Bill) a series of definitional, administrative, judicial review, enforcement and penalty provisions. These provisions are those of the Federal Power Act adapted to the definitions and specific purposes of this Act (Bill); this being in recognition of the fact that the Federal Power Commission would be the primary Federal certifying agency, with discretion to delegate certain duties to the Atomic Energy Commission in matters of nuclear facilities.

Authorizes general power of the Commission for cooperative procedures with State agencies; reference, Section 209 of the Federal Power Act;

Establishes general report prescription power of the Commission; reference, Section 304 of the Federal Power Act;

Authorizes general complaint provisions to be administered by the Federal Power Commission; reference, Section 306 of the Federal Power Act;

Establishes general investigatory powers of the Commission; reference, Section 307 of the Federal Power Act;

Establishes general hearing power of the Commission; reference, Section 308 of the Federal Power Act;

Establishes general administrative powers of the Commission; reference, Section 309 of the Federal Power Act;

Establishes general personnel employment power of the Commission; reference, Section 310 of the Federal Power Act;

Authorizes rehearing and judicial review of Commission orders upon petition of aggrieved parties; reference, Section 313 of the Federal Power Act;

Authorizes judicial enforcement procedures concerning violations of the Act (Bill); reference, Section 314 of the Federal Power Act;

Establishes general forfeiture provisions for certain conduct in response to actions arising out of the administration of the Act (Bill); reference, Section 315 of the Federal Power Act;

Establishes general penalty provisions for certain conduct in response to actions arising out of the administration of the Act (Bill); reference, Section 316 of the Federal Power Act; and

Authorizes jurisdiction in the District courts of the United States relative to violations of the Act and enforcement actions; reference, Section 317 of the Federal Power Act.

ENVIRONMENTAL STATEMENT ON THE PROPOSED ELECTRIC POWER
ENVIRONMENTAL POLICY ACT OF 1970

In compliance with the requirements of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, et seq., and the Interim Guidelines of the Council on Environmental Quality (CEQ), 35 F.R. 7390, the Commission submits the following initial environmental statement evaluating the overall environmental impact of the proposed Electric Power Environmental Policy Act, including therein the environmental criteria specified in §102(2)(C) of the NEPA.

Federal, State and local agencies of government with jurisdiction or special expertise in the areas governed by the proposed legislation are required by the NEPA to be consulted in the preparation of our environmental statement. We shall, therefore, promptly provide such opportunity by publishing appropriate notice in the Federal Register and hereafter reevaluate our current statement in light of any comments received. Copies of such comments shall be supplied to the Congress, the CEQ, and the public as required by the NEPA.

The Electric Power Environmental Policy Act of 1970 (Act) is designed to promote and insure adequate and reliable electric power supplies for the Nation by facilitating the timely construction of electric generating facilities and EHV transmission lines upon a basis compatible with environmental quality. Harmony between the needs of the Nation for an adequate and reliable bulk power supply and the national interest in environmental protection is the basic objective of the bill. To this end the proposed legilation would require all public and private electric entitles owning or operating bulk power supply facilities to plan, evalutte and seek certification of power plant sites and EIV transmission lines well in advance of commencement of construction. All such facilities, other than those Federally-owned or operated or within the jurisdiction of Part I of the Federal Power Act, 41 Stat. 1063, 16 U.S.C. 791-823, as amended,1 would require certification of site and facility by State or regional agencies established and operated in accordance with the Act. If State agencies are not created the Federal Power Commission would exercise the certification responsibility until such time as the States take action. With respect to Federally-owned facilities there would be FPC certification. Also, there would be Federal certification in those cases where State or regional procedures are established but the State agencies do not act upon a timely basis. The Commission would also be empowered to certify facilities in cases where the national public interest in an adequate and reliable bulk power supply requires certification upon findings that public health and safety are not endangered by the proposed facility and that construction, operation and maintenance thereof will not cause irreparable damage to a necessary ecological system. The FPC would be authorized to delegate to the United States Atomic Energy Commission the certification of nuclear facilities.

1 Hydroelectric facilities are exempted from the Act because they are currently fully within the licensing jurisdiction of the Federal Power Commission.

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The need for this legislation has become increasingly apparent as a result of the emergence of urgent and critical national problems: the continually increasing demands for reliable supplies of electricity and a new awareness of serious threats to our environmental integrity, especially the quality of our air and water. This bill reflects our judgment that these two important and legitimate concerns can be accommodated and mutually ameliorated by sound long range planning, the application and enforcement of carefully screened procedures and guidelines, and more intense and well-financed research and development.

THE NEED FOR ELECTRICITY

Barring some unforeseen change in our ever-increasing energy demands in the two decades ahead, the net electric power generating capacity will increase from over 300,000 megawatts in 1970 to an estimated 1,261,000 megawatts in 1990. Load forecasts developed in connection with the updating of the Federal Power Commission's National Power Survey reveal the Nation's 1990 electric energy requirements as 5.83 trillion kilowatt hours. By way of comparison, the 1965 energy usage was approximately one trillion kilowatt hours. Based upon presently known and proven technology, it is believed that the operable generating capacity in 1990 will be 40% nuclear fueled, 44% fossil fired, 7% conventional hydroelectric, 5% pumped storage and 4% internal combustion and gas turbine. For 1970, the comparable estimates are 76% fossil, 15% conventional hydro, 1 pumped storage, 5% internal combustion and 3% nuclear. The number of thermal plant sites of 500 megawatt capacity and above required by the year 1990 will call for about 300 new sites.

Load forecasts developed for the current updating of the Commission's National Power Survey indicate that energy requirements are expected to increase from 1.06 trillion kilowatt-hours in 1965 to 5.83 trillion kilowatt-hours in 1990, an increase of 450 percent in the 25-year period. By the year 2000 it is roughly estimated that the Nation's electric energy requirements will reach 10 trillion kilowatt-hours. Capital investment of $350 billion or more is estimated to be required by 1990 to install the necessary plant and equipment.

Throughout the Nation these problems have surfaced in differing degree. Areas of population density have occasioned the greater number of power supply and environmental problems. The projected growth of generating capacity in the heavily populated 11 Northeastern states 2 provides an example to illustrate these mounting electric power demands. A recent report 3 to the Commission indicates that between now and 1990 the power industry in these eleven states must build about four times as much electrical generating capacity as the industry has provided thus far in its 80-year history. In other words, about four times the existing capacity must be built in one-fourth the time to meet the projected public needs. Based on current prices, these vast undertakings will involve an investment in excess of $60 billion in the Northeast for generation, transmission and distribution facilities.

A number of important new facilities are threatened with delays for a variety of reasons, including objections on environmental grounds. However, 84 fossil units and 37 nuclear units are now reported on schedule. Most of these units are scheduled for service later in this decade. It is quite likely that a number of these units will also be delayed as their in-service date approaches.

Those delays attributable to environmental concerns have made it increasingly evident that environmentally-oriented groups as well as individual citizens are calling in question the construction of needed facilities. It is also apparent that electric utilities must plan and design their facilities with maximum concern for minimizing adverse environmental effects.

Much of this environmental opposition is directed at the routing and construetion of necessary electric transmission lines. Today there are approximately 67,000 miles of EHIV transmission lines in service involving over 1.3 million acres of land. This represents more than 2,000 square miles of land. Twenty years from today it is estimated that 165,000 miles of EHV lines will be needed to transmit power.

ENVIRONMENTAL FACTORS

General.-Inextricably associated with the steady increase in power demandand the resulting need for additional power plant sites and transmission rights-ofway are several important environmental problems. These problems demand the

Vermont, New Hampshire, Connecticut, Rhode Island, Massachusetts, Delaware, New Jersey, New York, Pennsylvania, Maine and Maryland.

3 Electric Power in the Northeast 1970-1990, A report to the Federal Power Commission, prepared by the Northeast Regional Advisory Committee, December 2, 1968.

attention and concern of the electric industry, all levels of government, and the general public. It is our conviction that these environmental problems, which principally involve the use of air, water and land resources within any given state of technology, require a balanced and comprehensive use of those resources in the light of available designs and electric demands. The dynamics of change in each of these require continuing analysis. The proposed bill provides for this.

It also recognizes the need for additional research and study of siting. Acceptable methods of using the Nation's resources in the production and transmission of electric power in future periods will depend upon further technological developments. Pending such advances, the Nation's electric suppliers must use available hardware. They must give careful consideration to appropriate environmental guidelines and procedures. The bill we are proposing includes provision for these measures through the certification process, and prior to certification through a continuous public long-range planning process by the industry.

Land. The nature of the electric energy demand situation, as evidenced by the facts and estimates set out above, involves the key environmental problem of land use planning. Thousands of square miles of land are already committed to the generation, transmission and distribution of electric energy. Of necessity, this commitment of land will continue to increase for years to come. Methods are and must continue to be studies and developed for increased utilization of existing plant sites and rights-of-way for the expanded power facilities we need. The proposed bill would authorize and direct studies of new and evolving siting concepts relative to bulk power supply facilities. Steam power plants (fossil fueled and nuclear) are and will continue for the foreseeable future to be the backbone of our power system. The need for vast quantities of cooling water in immediate proximity to these plants minimizes the possibility that a great percentage of our future power needs can be met by increasing generation at existing sites.

Transmission rights-of-way offer real possibilities for safely and efficiently utilizing currently developed utility property prior to the opening of new areas to development. Nonetheless, between 1970 and 1990 we estimate that operable circuit miles of major high-voltage transmission will increase dramatically: 230-kv from 40,500 to 67,000; 345-kv from 16,600 to 50,500; 500-kv from 7,500 to 34,700 and 765-kv from 560 to 10,200.

These new and expanded transmission lines are essential not only to serve the Nation's distribution systems but to perform the essential service of interconnecting systems and regions as well. The interconnection of the Nation's electric facilities in accordance with the Commission's mandate in § 202(a) of the Federal Power Act (16 U.C.C. 824a (a)), viz., “[f]or the purpose of assuring an abundant supply of electric energy throughout the United States with the greatest possible economy and with regard to the proper utilization and conservation of natural resources..." serves the dual objective of enhancing the reliability and adequacy of power services while reducing to some degree the need for certain types of power plant construction, thus serving the objectives of environmental protection."

Generating plants as well as transmission lines require the use of large areas of land. For example, approximately 400 acres of land are needed to accommodate a 3,000 megawatt nuclear plant. A coal-fired plant of the same capacity with on-site coal and ash storage facilities might well require up to 1,200 acres of land. As stated earlier, estimates now reveal that hundreds of new plants will be needed over the next several decades. Much of this land is necessarily in ecologically sensitive areas such as land adjacent to estuaries and rivers, and the already overburdened land around and in our cities. The need for cooling water and hydroelectric power and necessary access to load centers requires the utilization of these lands. Because some of this land must be developed for these purposes if our energy-dependent economy is to survive and prosper, the proper determination of what land will be used and in what manner becomes a matter of paramount importance. This bill would provide the mechanism and procedures for proper planning in these areas by the utility industry and public agencies.

Water. One form of environmental intrusion that has been causing increasing concern is so-called thermal pollution. As indicated above, steam power plantsboth fossil fueled and nuclear-require vast quantities of cooling water. The quanity of heated water discharged by these plants is considerable. For example, every kilowatt hour of electric energy generated by a large, modern fossil fuel plant results in more than a kilowatt hour of heat rejected at the condenser. Nuclear plants, in their present state of technology, produce even greater quantities of waste heat.

The waste heat problem has several aspects, including the sudden increase in water temperature and the more subtle consequences arising from gradual warming