But critics say states and local governments lose their voice in the process to a group of commission members who are not elected yet but will determine if, how and when property can be taken.

The Energy Department also wants the Regulatory Commission to have the authority to overrule states when an application for a new transmission facility is denied.

According to its Web site, the department states "if an applicant does not receive approval from a state to site a proposed new transmission facility within a national corridor, FERC may consider whether to issue a permit and to authorize the construction of the facility."

A right-of-way permit obtained from a federal district court would "empower the project developer to exercise the right of eminent domain to acquire necessary property rights to build the facilities."

Critics say that is an end run around the law.

Power project in works

Another branch of the issue is the proposed construction of a $1.26 billion power project from Marcy in Central New York to New Windsor in Orange County.

The New York Regional Interconnection is an Albany-based corporation that would build a high voltage, direct current power line to span 190 miles across southern New York.

It includes 400 kilovolt power lines, two converter substations and two transmission stations that would link with the New York Independent System Operator network.

There would also be $13.5 million in upgrades made to two existing substations to generate 1,200 megawatts of power to feed the New York bulk-power system.

Estimates are that the system would save consumers $11.7 billion over 20 years statewide.

The Regional Interconnection plan would also provide the same eminent-domain powers to the Federal Energy Regulatory Commission that the energy-transmission corridor does.

Backers hope to begin construction in 2008 and have the power project operational by 2011.

It has been in the planning stages since 2004, when Gov. George Pataki was in office, but Gov. Eliot Spitzer has said he will not approve such a project.

Questioning the process