Senate permitting bill offers reforms but needs amendments for transmission provisions

Former FERC Chairman Mark Christie wrote that the Senate permitting reform bill (SB 5653) contains promising reforms that could accelerate infrastructure development, according to Utility Dive.

Christie noted that while the bill's permitting reforms are welcome, the transmission provisions are problematic, potentially increasing consumer costs and undermining historic state authority over utilities.

He emphasized that the Federal Power Act has long maintained a division of authority: states control siting and permitting of physical assets, while FERC regulates rates for interstate transmission and wholesale power sales.

The current Senate bill disrupts this balance by granting FERC broad power to order transmission lines built in any state, regardless of state approval or resident opposition, which Christie finds concerning.

He mentioned that Congress has previously enacted limited 'backstop siting authority,' such as in the 2021 Infrastructure Investment and Jobs Act, but with strict limitations that the new bill does not maintain.

Christie suggests targeted amendments to the bill’s transmission provisions to mitigate negative consequences while preserving its positive permitting reforms.