Notice2023-10321
Notice of Intent and Request for Information: Designation of National Interest Electric Transmission Corridors
Primary source
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Published
May 15, 2023
Issuing agencies
Energy Department
Abstract
Pursuant to the Federal Power Act ("FPA"), the U.S. Department of Energy ("DOE" or the "Department") Grid Deployment Office ("GDO") is issuing this Notice of Intent ("NOI") to establish a process to designate "route-specific" National Interest Electric Transmission Corridors ("NIETCs," pronounced \NIT-sees\). Through this process, DOE intends to invite interested entities to propose for designation as a NIETC a potential route where one or more potential transmission projects could be located within a geographic area where the Department has identified transmission need(s) (i.e., present or expected electric transmission capacity constraints or congestion that adversely affects consumers) and where the Department has made other statutory findings. DOE intends to develop final guidelines and procedures for interested entities to propose that DOE designate a NIETC. In this NOI, DOE identifies certain key program design elements that it believes should form the basis of an applicant- driven, route-specific process to designate NIETCs. In the accompanying RFI, DOE seeks comments from the public and interested parties on these identified program elements and any additional program elements that should be included to assist in developing final guidelines, procedures, and evaluation criteria for the applicant-driven, route- specific NIETC designation process.
Full Text
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<title>Federal Register, Volume 88 Issue 93 (Monday, May 15, 2023)</title>
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[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Notices]
[Pages 30956-30963]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10321]
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DEPARTMENT OF ENERGY
Notice of Intent and Request for Information: Designation of
National Interest Electric Transmission Corridors
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of intent (NOI); request for information (RFI).
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SUMMARY: Pursuant to the Federal Power Act (``FPA''), the U.S.
Department of Energy (``DOE'' or the ``Department'') Grid Deployment
Office (``GDO'') is issuing this Notice of Intent (``NOI'') to
establish a process to designate ``route-specific'' National Interest
Electric Transmission Corridors (``NIETCs,'' pronounced \NIT-sees\).
Through this process, DOE intends to invite interested entities to
propose for designation as a NIETC a potential route where one or more
potential transmission projects could be located within a geographic
area where the Department has identified transmission need(s) (i.e.,
present or expected electric transmission capacity constraints or
congestion that adversely affects consumers) and where the Department
has made other statutory findings. DOE intends to develop final
guidelines and procedures for interested entities to propose that DOE
designate a NIETC. In this NOI, DOE identifies certain key program
design elements that it believes should form the basis of an applicant-
driven, route-specific process to designate NIETCs. In the accompanying
RFI, DOE seeks comments from the public and interested parties on these
identified program elements and any additional program elements that
should be included to assist in developing final guidelines,
procedures, and evaluation criteria for the applicant-driven, route-
specific NIETC designation process.
DATES: Written comments and information are requested on or before June
29, 2023.
ADDRESSES: Interested parties may submit comments through the Federal
eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. For detailed instructions on
submitting comments and additional information on this process, see the
SUPPLEMENTARY INFORMATION section of this document.
Docket: The docket for this activity, is available for review at
<a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> index. However, not all documents listed in the
index may be publicly available, such as information that is exempt
from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov">www.regulations.gov</a>. The docket
web page contains instructions on how to access all documents,
including public comments, in the docket.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
may be sent to: <a href="/cdn-cgi/l/email-protection#d19f9894859291b9a0ffb5beb4ffb6bea7"><span class="__cf_email__" data-cfemail="aee0e7ebfaedeec6df80cac1cb80c9c1d8">[email protected]</span></a>. Questions about the NOI and RFI may
be addressed to Molly Roy at (240) 805-4298.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
Pursuant to section 216 of the Federal Power Act (``FPA'') (16
U.S.C. 824p), the U.S. Department of Energy (``DOE'' or the
``Department'') Grid Deployment Office (``GDO'') is issuing this Notice
of
[[Page 30957]]
Intent (``NOI'') to establish a process to designate ``route-specific''
National Interest Electric Transmission Corridors (``NIETCs,''
pronounced \NIT-sees\). Through this process, DOE intends to invite
interested entities to propose for designation as a NIETC a potential
route where one or more potential transmission projects could be
located within a geographic area where the Department has identified
transmission need(s) (i.e., present or expected electric transmission
capacity constraints or congestion that adversely affects consumers)
and where the Department has made other statutory findings. Interested
entities will be required to provide information about the potential
route necessary to fulfill the statutory criteria for designation, as
well as certain environmental information about the potential route to
facilitate DOE's ability to efficiently complete its responsibilities
under the National Environmental Policy Act (``NEPA''). DOE is also
issuing a Request for Information (``RFI'') with this NOI to gather
input to inform the development of future application guidance and
procedures for entities seeking to propose a route as a NIETC, as well
as the development of information DOE will request in order to evaluate
proposals. DOE plans to issue final application guidance concurrent
with the finalization of the National Transmission Needs Study (``Needs
Study''), anticipated to be released in late summer of 2023.
DOE anticipates that, generally, routes proposed for potential
designation as a NIETC may be associated with specific transmission
projects under active development, meaning that a potential applicant
has progressed beyond the preliminary concept and has begun actively
routing the project and engaging in community and landowner outreach,
land surveys, or initiation of environmental compliance work. As such,
DOE intends to designate NIETCs that are ``route-specific,'' meaning
they encompass narrow areas that are under consideration for the
location of specific potential project(s), and which are sufficient for
the construction, maintenance, and safe operation thereof in accordance
with any applicable regulatory requirements. Designation of a NIETC
does not constitute selection of or a preference for a specific
transmission project for financial, siting, or industry planning
purposes; selection for these other purposes will continue to occur
through established planning and regulatory processes.\1\
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\1\ In the future, DOE may, under its authority in the Federal
Power Act, also evaluate routes for NIETC designation that are not
necessarily associated with any particular project under
development, provided that such a route would facilitate the
development of future transmission projects in the national
interest.
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DOE is considering this process for designating NIETCs in
recognition of the fact that such designations would occur in areas
experiencing the greatest need for immediate transmission development
and would unlock new financing and regulatory tools to spur investment
in those areas. The recently enacted Infrastructure Investment and Jobs
Act (``IIJA'') and Inflation Reduction Act (``IRA'') contain new
public-private partnership and loan authorities that DOE can use to
spur construction of transmission projects in NIETCs. In addition,
section 216(b) of the FPA, as amended by the IIJA, allows the Federal
Energy Regulatory Commission (``FERC'') to issue permits to site
transmission facilities within NIETCs when certain statutory conditions
are met.
NIETCs may encompass areas where multiple transmission projects
could be located, providing an opportunity to coordinate environmental
reviews and improve the efficiency and timeliness of permitting of
these projects. DOE will, as appropriate, consult from an early stage
with Federal, Tribal, State, and local authorities responsible for
transmission siting and/or permitting on potential NIETC designation to
develop appropriate and efficient timelines for decision-making. Where
projects in NIETCs indicate an intention to seek siting permits from
FERC under section 216(b) of the FPA, DOE intends to coordinate with
FERC to the maximum extent practicable to avoid redundancy and promote
efficiency in environmental reviews.
DOE intends to develop final guidelines and procedures for
interested entities to propose that DOE designate a NIETC. In this NOI,
DOE identifies certain key program design elements that it believes
should form the basis of an applicant-driven, route-specific process to
designate NIETCs. In the accompanying RFI, DOE seeks comments from the
public and interested parties on these identified program elements and
any additional program elements that should be included to assist in
developing final guidelines, procedures, and evaluation criteria for
the applicant-driven, route-specific NIETC designation process.
II. Background
A reliable and resilient electric transmission system is essential
to the Nation's economic, energy, and national security. Additional
transmission capacity is necessary to meet the challenges of more
frequent extreme weather and other disruptive events, provide access to
diverse sources of clean electricity, and meet new electricity demands
driven by electrification of end-use sectors like transportation and
industry.
The Administration has set national goals to reduce U.S. greenhouse
gas emissions at least 50 percent below 2005 levels in 2030 and to
reach net zero emissions by 2050. These goals include a transition to a
100% clean electric power sector by 2035,\2\ which would require an
increase in transmission system capacity estimated to total between 1.3
to 2.9 times the amount of existing transmission capacity.\3\ Recent
independent analysis has also found that transmission systems may need
to expand by 60 percent by 2030, and may need to triple by 2050, to
deliver clean electricity to consumers.\4\ The proliferation of State
and local clean energy standards and goals and private-sector clean
energy purchase commitments \5\ further underscores the Nation's need
for additional transmission infrastructure.\6\ The incorporation of
clean energy resources facilitated by additional
[[Page 30958]]
transmission development will also expand energy resource diversity,
promote resilience and reliability of the Nation's electricity grid,
and lower costs to consumers by adding new low cost electricity
supply.\7\
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\2\ See Executive Order 14008 of Jan. 27, 2021, Tackling the
Climate Crisis at Home and Abroad, 86 FR 7619 (Feb. 1, 2021),
<a href="https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad">https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad</a>; Fact Sheet:
President Biden Sets 2030 Greenhouse Gas Pollution Reduction Target
Aimed at Creating Good-Paying Union Jobs and Securing U.S.
Leadership on Clean Energy Technologies (Apr. 22, 2021), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/</a>.
\3\ See Paul Denholm, et al., Examining Supply-Side Options to
Achieve 100% Clean Electricity by 2035, (Aug, 2022), available at:
<a href="http://www.nrel.gov/docs/fy22osti/81644.pdf">www.nrel.gov/docs/fy22osti/81644.pdf</a>.
\4\ Eric Larson, et al., Net-Zero America: Potential Pathways,
Infrastructure, and Impacts, (Dec. 15, 2020), available at: <a href="https://netzeroamerica.princeton.edu/img/Princeton%20NZA%20FINAL%20REPORT%20SUMMARY%20">https://netzeroamerica.princeton.edu/img/Princeton%20NZA%20FINAL%20REPORT%20SUMMARY%20</a>(29Oct2021).pdf.
\5\ For example, in November 2022, the Clean Energy Buyers
Alliance reported that ``[c]orporate energy customers have played an
influential role in the clean energy transition by accelerating over
57 gigawatts of clean energy in the U.S. alone.'' Corporate and
Government Collaboration for Clean Energy Investment Moves from
Commitment to Action: Up to $100 Billion in Clean Energy Investment
Potential across the World Bureau of Energy Resources, Washington
DC, (Nov. 2022) available at <a href="https://www.state.gov/corporate-and-government-collaboration-for-clean-energy-investment-moves-from-commitment-to-action-up-to-100-billion-in-clean-energy-investment-potential-across-the-world/">https://www.state.gov/corporate-and-government-collaboration-for-clean-energy-investment-moves-from-commitment-to-action-up-to-100-billion-in-clean-energy-investment-potential-across-the-world/</a>.
\6\ See Database of State Incentives for Renewables & Efficiency
(DSIRE), Renewable & Clean Energy Standards, (Nov. 2022), available
at: <a href="https://ncsolarcen-prod.s3.amazonaws.com/wp-content/uploads/2022/11/RPS-CES-Nov2022.pdf">https://ncsolarcen-prod.s3.amazonaws.com/wp-content/uploads/2022/11/RPS-CES-Nov2022.pdf</a>.
\7\ See 87 FR 2769, ``Building a Better Grid Initiative to
Upgrade and Expand the Nation's Electric Transmission Grid To
Support Resilience, Reliability, and Decarbonization'' (January 19,
2022), <a href="https://www.federalregister.gov/documents/2022/01/19/2022-00883/building-a-better-grid-initiative-to-upgrade-and-expand-the-nations-electric-transmission-grid-to">https://www.federalregister.gov/documents/2022/01/19/2022-00883/building-a-better-grid-initiative-to-upgrade-and-expand-the-nations-electric-transmission-grid-to</a>.
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Finally, the recently enacted IIJA and IRA together make
significant investments in clean energy manufacturing and generation,
and the electrification of homes, businesses, and vehicles. The benefit
of those investments will not be realized fully unless the United
States can quickly expand enabling electric transmission
infrastructure.
Designation of NIETCs is one of many tools that DOE has available
to facilitate timely development of transmission infrastructure to meet
these needs. As discussed in more detail below, designation of NIETCs
can assist in focusing commercial facilitation, signal opportunities
for beneficial development to transmission planning entities, and
unlock siting and permitting tools for transmission projects in
identified areas where present or expected future congestion is
negatively impacting consumers.
A. Identification of Transmission Needs Through the National
Transmission Needs Study
Congress has emphasized the need to strengthen transmission
infrastructure throughout the Nation and has tasked DOE with
identifying transmission needs and facilitating the planning and
deployment of transmission infrastructure to meet those needs.\8\
Directly relevant to the establishment of NIETCs, section 216(a) of the
FPA directs DOE to conduct a study of electric transmission constraints
and congestion on a triennial basis and, on the basis of that study and
other information, designate geographic areas as NIETCs.
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\8\ See, e.g., 42 U.S.C. 15926(a) (requiring the designation of
energy right-of-way corridors across Federal lands for electric
transmission and other energy projects); 16 U.S.C. 824p(h)
(establishing procedures to ensure timely and efficient review of
proposed transmission projects by Federal agencies); and 42 U.S.C.
16421 (giving additional authority for Western Area Power
Administration and Southwestern Power Administration to participate
with other entities in the development of transmission).
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DOE is in the process of fulfilling the threshold statutory study
requirement through the completion of the Needs Study. Consistent with
the authority provided to DOE by section 216(a) of the FPA as amended
by the IIJA, the Needs Study will catalog both historical and
anticipated electric transmission needs, defined as the existence of
present or expected electric transmission capacity constraints or
congestion in a geographic area. The Needs Study will identify high-
priority national transmission needs--specifically, opportunities for
linking areas with new transmission facilities or upgraded existing
facilities, including non-wire alternatives, to improve reliability and
resilience of the power system; alleviate transmission congestion on an
annual basis; alleviate transmission congestion during real-time
operations; alleviate power transfer capacity limits between
neighboring regions; deliver cost-effective generation to high-priced
demand; or meet projected future generation, electricity demand, or
reliability requirements.
Pursuant to sections 216(a)(1) and (3) of the FPA, DOE has
initiated and continues to consult with affected States, Indian Tribes,
and appropriate regional entities in preparing the Needs Study. In
February 2023, DOE released a draft of the Needs Study for public
comment with a comment deadline of April 20, 2023.\9\
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\9\ <a href="https://www.energy.gov/gdo/national-transmission-needs-study">https://www.energy.gov/gdo/national-transmission-needs-study</a>.
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B. Purpose of Designating NIETCs
Designation of a NIETC is a prerequisite to the ability of DOE and
FERC to use certain statutory tools to advance the development of
transmission facilities necessary to relieve current and expected
capacity constraints and congestion and spur the buildout of a reliable
and resilient national transmission system that facilitates the
achievement of national and subnational greenhouse gas emissions
reduction goals and reduces the cost of delivered power for consumers.
First, both the IIJA and IRA appropriated funds that can be used by
DOE to help overcome commercial hurdles to the development of
transmission facilities within NIETCs. Section 40106 of the IIJA \10\
enacted the Transmission Facilitation Program, appropriating $2.5
billion to DOE to provide commercial facilitation to support the
construction of high capacity new, replacement, or upgraded
transmission lines. Under this provision, DOE is authorized to enter
into public-private partnerships to co-develop transmission projects
located within NIETCs. Further, section 50151 of the IRA \11\
established a Transmission Facility Financing program under which DOE
can offer loan support to transmission facilities designated by the
Secretary to be necessary in the national interest pursuant to section
216(a) of the FPA, and appropriated $2 billion to pay for the cost
(i.e., the ``credit subsidy'') of issuing such loans.
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\10\ Public Law 117-58 (Nov. 11, 2021).
\11\ Public Law 117-169 (Aug. 16, 2022).
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In addition, under section 216(b) of the FPA, as amended by the
IIJA, designation of a NIETC permits an applicant developing a
transmission line to seek a permit from the Federal Energy Regulatory
Commission (``FERC'') for the construction or modification of electric
transmission facilities within a designated NIETC, provided that
certain other statutory conditions have been met.\12\ Recently, FERC
issued a Notice of Proposed Rulemaking proposing updated regulations
that would implement this permitting authority, including regulations
governing the environmental, cultural, and environmental justice
resource information that applicants for a FERC-issued construction
permit in a NIETC must submit.\13\
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\12\ See 16 U.S.C. 824p(b).
\13\ Applications for Permits to Site Interstate Electric
Transmission Facilities, 181 FERC ] 61,205 (2022) (Notice of
Proposed Rulemaking).
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C. Statutory Requirements for Designation of NIETCs
The results of the Needs Study are a key input into the designation
of NIETCs. Section 216(a)(2) of the FPA directs DOE to issue a report,
based on the findings of the Needs Study or other information related
to electric transmission capacity constraints or congestion, which may
designate one or more NIETCs. Specifically, the Secretary may
``designate as a national interest electric transmission corridor any
geographic area that--(i) is experiencing electric energy transmission
capacity constraints or congestion that adversely affects consumers; or
(ii) is expected to experience such energy transmission capacity
constraints or congestion.'' \14\ In addition, section 216(a)(4) of the
FPA, as amended by the IIJA, allows the Secretary to consider several
additional factors in determining whether to designate a NIETC.
Specifically, the Secretary may consider whether:
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\14\ 16 U.S.C. 824p(a)(2).
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(A) the economic vitality and development of the corridor, or the
end markets served by the corridor, may be constrained by lack of
adequate or reasonably priced electricity;
[[Page 30959]]
(B) (i) economic growth in the corridor, or the end markets served
by the corridor, may be jeopardized by reliance on limited sources of
energy; and
(ii) a diversification of supply is warranted;
(C) the energy independence or energy security of the United States
would be served by the designation;
(D) the designation would be in the interest of national energy
policy;
(E) the designation would enhance national defense and homeland
security;
(F) the designation would enhance the ability of facilities that
generate or transmit firm or intermittent energy to connect to the
electric grid;
(G) the designation--
(i) maximizes existing rights-of-way; and
(ii) avoids and minimizes, to the maximum extent practicable, and
offsets to the extent appropriate and practicable, sensitive
environmental areas and cultural heritage sites; and
(H) the designation would result in a reduction in the cost to
purchase electric energy for consumers.
DOE is required to provide an opportunity for comment, and
potentially for consultation as part of required environmental and
cultural resource review processes, to affected States, Indian Tribes,
and regional grid entities when determining the designation of a NIETC.
DOE intends to engage from an early stage with Tribal, State, and local
authorities responsible for transmission siting and/or permitting on
the potential corridors for designation, as well as Communities of
Interest.\15\ When specific corridors under consideration present
potential impacts to Tribal Nations, DOE will follow its policy
established in Order 144.1 \16\ to pursue meaningful government-to-
government consultation. When engaging with Communities of Interest,
DOE will follow the most recent Administration guidance on the
Justice40 Initiative \17\ and energy and environmental justice as
applicable.
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\15\ Community of Interest means any community that has been
historically marginalized, including, but not limited to,
disadvantaged communities, fossil energy communities, rural
communities, minority communities, indigenous peoples, or other
geographically proximate communities that could be affected by a
NIETC.
\16\ Department of Energy American Indian Tribal Government
Interactions and Policy--DOE Directives, Guidance, and Delegations.
\17\ M-23-09 (<a href="http://whitehouse.gov">whitehouse.gov</a>).
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D. National Environmental Policy Act (``NEPA'') and Environmental and
Cultural Resource Responsibilities
In a 2011 decision, California Wilderness v. DOE,\18\ the federal
Court of Appeals for the Ninth Circuit held that, pursuant to NEPA,
DOE's designation of a NIETC--regardless of the lack of any siting
decision made in that corridor--constitutes a major Federal action that
may significantly affect the quality of the human environment such that
documentation of environmental compliance is required.\19\ As a result,
to designate any NIETC following completion of the Needs Study, whether
on the proposal of an applicant or on DOE's own motion, DOE must
initiate processes necessary to meet its obligations pursuant to NEPA,
section 106 of the National Historic Preservation Act, and any other
obligations pursuant to relevant environmental laws (e.g., section 7 of
the Endangered Species Act).\20\
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\18\ 631 F.3d 1072 (2011).
\19\ 42 U.S.C. 4332(2)(C).
\20\ See The Wilderness Society, et al v. U.S. Department of
Energy, No. 08-71074 (9th Cir. 2011).
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Accordingly, DOE must follow procedures under 10 CFR part 1021 to
comply with section 102(2) of NEPA and the Council on Environmental
Quality (CEQ) regulations for implementing the procedural provisions of
NEPA (40 CFR parts 1500-1508). This part supplements, and is used in
conjunction with, the CEQ regulations.
E. Related Authorities of FERC and Other Federal Agencies
As explained above, one effect of a NIETC designation is to
delineate areas within which, under certain circumstances, FERC may
ultimately grant permits for the construction or modification of
electric transmission facilities pursuant to section 216(b) of the FPA.
On November 16, 2006, FERC issued Order No. 689, which adopted
regulations establishing filing requirements and procedures for
entities seeking permits under section 216(b) of the FPA.\21\ FERC also
added a new section to its NEPA regulations, 18 CFR 380.16, which
describes the specific environmental information that must be included
in applications for permits to site transmission facilities under
section 216(b). Section 380.16 currently requires each applicant to
submit an environmental report that includes eleven resource
reports.\22\ As noted previously, FERC recently issued a Notice of
Proposed Rulemaking proposing changes to these regulations which, if
finalized, would, among other things, add new required resource
reports.\23\
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\21\ Regulations for Filing Applications for Permits to Site
Interstate Elec. Transmission Facilities, Order No. 689, 71 FR 69440
(Dec. 1, 2006), 117 FERC ] 61,202 (2006) (Order No. 689 Final Rule),
reh'g denied, 119 FERC ] 61,154 (2007) (Order No. 689 Rehearing
Order).
\22\ The eleven reports are detailed in the online Code of
Federal Regulations here: <a href="https://www.ecfr.gov/current/title-18/chapter-I/subchapter-W/part-380/section-380.1">https://www.ecfr.gov/current/title-18/chapter-I/subchapter-W/part-380/section-380.1</a>6. Reports range from:
(1) General Project Description; (2) Water Use and Quality; (3)
Fish, Wildlife, and Vegetation; (4) Cultural Resources; (5)
Socioeconomics; (6) Geological Resources; (7) Soils; (8) Land Use,
Recreation, and Aesthetics; (9) Alternatives; (10) Reliability and
Safety; and (11) Design and Engineering.
\23\ Applications for Permits to Site Interstate Electric
Transmission Facilities, 181 FERC ] 61,205 (2022) (Notice of
Proposed Rulemaking).
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In addition, several agencies have worked to establish multi-
function (including transmission) energy corridors on Federal lands in
11 western States (Arizona, California, Colorado, Idaho, Montana,
Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming) under
section 368 of the Energy Policy Act (EPAct) of 2005 (EPAct 2005).\24\
Specifically, Section 368 directs several agencies, including DOE, to
designate these multi-use corridors on Federal lands.\25\ Section 368
also directs the agencies to, when designating such corridors, account
for the need for upgraded and new infrastructure and to take actions to
improve reliability, relieve congestion, and enhance the capability of
the national grid to deliver energy.\26\ On April 20, 2022, the Bureau
of Land Management (BLM), the United States Forest Service, and DOE
released the Final Regional Review Report for the West-wide Energy
Corridors, which designated 5,000 miles of energy corridors (commonly
referred to as ``Section 368 energy corridors'' or ``West-wide energy
corridors'') for potential placement of electricity transmission and
distribution infrastructure, among other energy transport projects. As
preferred locations for energy transport projects on Federally
administered public lands, these corridors are intended to facilitate
long-distance movement of transmission and distribution of high-voltage
electric power.\27\ Finally, title 41 of the Fixing America's Surface
Transportation Act (FAST-41) (Pub. L. 114-94, 42 U.S.C. 4370m et seq.),
establishes a new
[[Page 30960]]
governance structure, set of procedures, and funding authorities to
improve the Federal environmental review and authorization process for
``covered'' infrastructure projects. FAST-41 is administered by the
Federal Permitting Improvement Steering Council (Permitting Council),
which is comprised of the Permitting Council Chair, the Deputy
Secretaries ``or equivalent'' of 13 Federal permitting agencies
(including DOE), as well as the CEQ Chair and OMB Director. A sponsor
of a project in an NIETC also may apply to become a FAST-41 covered
project, which is entitled to the permitting timetable management,
interagency coordination, transparency, and the other benefits of that
statute. To apply for FAST-41 coverage, project sponsors should submit
notice of the initiation of a proposed FAST-41 covered project (FIN) to
the Permitting Council Executive Director at (<a href="/cdn-cgi/l/email-protection#21674052550f674e5355584e4f446167716872620f464e57"><span class="__cf_email__" data-cfemail="80c6e1f3f4aec6eff2f4f9efeee5c0c6d0c9d3c3aee7eff6">[email protected]</span></a>)
and the appropriate facilitating agency.
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\24\ 42 U.S.C. 15926.
\25\ 42 U.S.C. 15926(a) and DOE/EIS-0406.
\26\ 42 U.S.C. 15926(d).
\27\ Visit the West-wide Energy Corridor Information Center
website <a href="https://www.corridoreis.anl.gov/">https://www.corridoreis.anl.gov/</a> to maps and learn about
potential revisions, deletions, and additions to the network.
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III. Notice of Intent
A. Key Elements of Applicant-Driven, Route-Specific Designation
Application Process
As first announced in the Building a Better Grid Initiative NOI and
discussed previously, DOE intends to implement its authority to
designate NIETCs on an applicant-driven, route-specific basis. DOE will
issue future guidance establishing the process through which interested
parties can propose designation of a NIETC, and the information they
will be required to provide. In this NOI, DOE identifies certain key
elements that DOE expects will be part of this application process, and
in the RFI that follows, seeks comments on these and any other key
program elements to inform the development of guidance for applications
for NIETC designations.
i. Eligible Applicants
DOE expects Applicants for a potential NIETC designation to be
transmission developers with a project under development in the
proposed route. However, no particular stage of development is required
for an Applicant to seek potential designation. DOE is also considering
opening the pool of potential applicants to additional entities, which
could include Tribal authorities, States, non-transmission-owning
utilities (including transmission-dependent utilities), local
governments, generation developers, or other entities with an interest
in seeking designation of a NIETC.
ii. Scope of ``Route-Specific'' NIETCs
As discussed above, DOE intends to invite Applicants to propose
routes where one or more potential transmission projects could be
located within a geographic area where DOE has identified transmission
need(s) (i.e., present or expected electric transmission capacity
constraints or congestion that adversely affects consumers), either
through the Needs Study or through other evaluations provided by the
Applicant. DOE anticipates that Applicants submitting potential routes
for designation will be required to demonstrate that their proposed
route balances the need to ensure that the potential route is defined
with sufficient specificity to allow for meaningful evaluation of the
potential energy and environmental impacts of one or more transmission
projects along that route, while also sufficient in size and scope to
construct, maintain, and safely operate one or more transmission
projects in accordance with applicable regulatory requirements and
reliability standards and accommodate routine route changes that often
occur when siting and permitting infrastructure.
iii. Required Application Information
DOE intends to require Applicants to include in their proposal for
NIETC designation information about the potential route that is
necessary to fulfill the statutory requirements for NIETC designation
detailed in section I.C of this notice, as well as certain
environmental information about the potential route to facilitate DOE's
ability to efficiently complete its responsibilities under NEPA.
Specifically, DOE preliminarily expects to require Applicants to submit
the following information:
(i) The geographic boundaries of potential route-specific
corridor(s), and the rationale for those boundaries, including how they
balance the need for specificity in the route with the need to ensure
the scope and size are sufficient for operational purposes and to
accommodate typical route changes;
(ii) A description of how the potential NIETC would address
existing or expected future electric energy transmission capacity
constraints or congestion that adversely affects consumers, including
but not limited to areas of constraints or congestion identified in the
Needs Study;
(iii) A description of how new or upgraded transmission capacity
within the potential corridor would impact the criteria listed in FPA
section 216(a)(4) that DOE may consider when making a designation,
including information describing the impact such new or upgraded
transmission capacity would have on: economic growth and vitality in
the corridor or end markets served; energy independence, national
defense, and national security; the achievement of national energy
policy goals, including the development of low and zero carbon
generation capacity resources; the ability to interconnect new firm or
intermittent energy resources, and; reductions in electric energy costs
for consumers;
(iv) Environmental information necessary to meet the requirements
of the National Environmental Policy Act, 42 U.S.C. 4332(2)(C) (NEPA).
If a proposed NIETC designation is based on a project that is under
sufficient development such that the following information is available
in specifics, those specifics should be provided. For proposed NIETC
designations that are more conceptual, the information provided should
be as specific as possible. The Affected Environmental Resources and
Impacts Summary is limited to a maximum length of twenty (20), single-
spaced pages, not including associated maps, and must include concise
descriptions, based on existing, relevant, and reasonably-available
information, of the known existing environment, and major site
conditions in project area, including:
a. An overview of topographical and resource features that are
relevant to the siting of electric transmission lines present;
b. Summary of known land uses, including Federal lands, Tribal
lands, and State public lands of various types (e.g., parks and
monuments), associated land ownership, where appropriate, and any land
use restrictions;
c. Summary of known or potential adverse effects to cultural and
historic resources;
d. Summary of known or potential conflicts with or adverse impacts
on military activities;
e. Summary of known or potential impacts on the U.S. aviation
system, including FAA restricted airspace;
f. Summary of known or potential impacts on the U.S. marine
transportation system, including impacts on waterways under
jurisdiction of the U.S. Coast Guard;
g. Summary of known information about Federal- and State-protected
avian, aquatic, and terrestrial species, and critical habitat or
otherwise protected habitat, that may be present, as well as other
biological resources information that is necessary for an environmental
review;
[[Page 30961]]
h. Summary of the aquatic habitats (to include estuarine
environments, and water bodies, including wetlands, as well as any
known river crossings and potential constraints caused by impacts to
navigable waters of the United States considered for the qualifying
project);
i. Summary of known information about the presence of Communities
of Interest as defined by DOE \28\ that could be affected by the NIETC;
---------------------------------------------------------------------------
\28\ See footnote 15 for definition.
---------------------------------------------------------------------------
j. Identification of existing or proposed qualifying project
facilities or operations in the project area;
k. Summary of the proposed use of previously disturbed lands,
existing, agency-designated corridors, including but not limited to
corridors designated under section 503 of the Federal Land Policy and
Management Act and section 368 of the Energy Policy Act of 2005,
transportation rights-of-way, and the feasibility for co-location of
the qualifying project with existing facilities or location in existing
corridors and transportation rights-of-way;
l. Summary of potential avoidance, minimization, and conservation
measures; and
m. Maps and Geospatial Information and Studies in support of the
information provided in the summary descriptions for the known existing
environmental, cultural, and historic resources in the project area
under paragraph in this section must be included. Project proponents
must provide maps as electronic data files that may be readily accessed
by Federal entities and Non-Federal entities.
(v) A discussion of existing or ongoing environmental review and
documentation activities and participants within the potential route-
specific NIETC. This includes an indication of the extent to which the
potential NIETC could be made to align with existing rights-of-way,
including utility rights-of-way, rail rights-of-way, highway rights-of-
way, and multi-function energy corridors established on Federal lands
under section 368 of EPAct 2005; \29\
---------------------------------------------------------------------------
\29\ 42 U.S.C. 15926.
---------------------------------------------------------------------------
(vi) A summary of engagements to date and future outreach planned
with Communities of Interest;
(vii) To the extent the applicant is proposing a route for NIETC
designation in association with a specific project, the status of the
project's development, including:
a. Status of regulatory approvals;
b. Discussion of project inclusion in any local or regional
transmission plans;
c. If the applicant has an intent to seek a federal permit under
section 216(b), status of the applicant's initiation of or
participation in the FERC pre-filing process;
d. The extent to which interconnection points have been identified,
secured, and assessed;
e. A summary of engagements to date with potentially impacted
landowners, including a summary of any acquired or expanded property
rights or other agreements in place or in development;
f. Discussion of any co-location with existing infrastructure,
rights-of-way, and corridors;
(viii) A discussion of whether planned or anticipated transmission
project(s) within the potential NIETC would use innovative transmission
technologies or combinations of technologies that would impact the size
and scope of the proposed route (e.g., advanced conductor technologies
that would allow for more capacity in a smaller corridor); and
(ix) A discussion of the impact that potential transmission
project(s) within the proposed NIETC would have on encouraging (1)
collective bargaining and free and fair opportunities for workers to
organize, (2) expanding quality job opportunities and training, (3)
advancing diversity, equity, inclusion, and accessibility (DEIA), (4)
achieving the DOE Justice40 Initiative policy priorities,\30\ (5)
maximizing the use of products and materials made in the United States,
and (6) maintaining or improving energy security.
---------------------------------------------------------------------------
\30\ The eight DOE Justice40 Initiative policy priorities were
identified by the DOE Office of Economic Impact and Diversity to
guide DOE's implementation of Justice40. <a href="https://www.energy.gov/diversity/justice40-initiative">https://www.energy.gov/diversity/justice40-initiative</a>.
---------------------------------------------------------------------------
iv. Evaluation and Designation Process and Decision
Section 216(a)(2) requires the Secretary's decision to designate a
NIETC to be issued in a Designation of National Interest Electric
Transmission Corridors Report (``Designation Report''). DOE anticipates
that, to reach a decision on an Applicant's proposal for designation of
a NIETC and prepare a Designation Report, it will:
<bullet> Consider the results of the final 2023 National
Transmission Needs Study;
<bullet> Evaluate proposals for consistency with the statutory
requirements for corridor designation as described in section 216(a)(2)
of the FPA;
<bullet> Provide an opportunity for comment by, as well as conduct
required consultations with, Federal and Tribal Nations; State, local,
and regional grid entities; and the general public, including
transmission owners and users, grid operators, and others potentially
impacted by the proposed designation;
<bullet> Evaluate the transmission needs that would be addressed by
new or upgraded transmission capacity within the potential NIETC, and
how those needs compare or relate to the needs identified in the Need
Study and other additional factors as outlined section 216(a)(4) of the
FPA, as amended by the IIJA;
<bullet> Evaluate the Applicant's demonstration of environmental
impacts of such corridor designations under NEPA; and
<bullet> Evaluate the other considerations presented by the
Applicant, including the considerations listed in section 216(a)(4) of
the FPA.
Based on these considerations and evaluations, DOE anticipates that
it would then issue a decision whether to designate a NIETC as proposed
or not. With respect to NEPA reviews, to promote efficiency and
timeliness DOE intends to coordinate to the maximum extent practicable
with FERC in cases where an Applicant also intends to seek permits from
FERC under section 216(b) of the FPA. As noted in the accompanying RFI,
this may include requiring Applicants for designation of a NIETC to
provide, to the extent practicable, environmental information at the
same scope and level of detail and in the same general form as what
FERC would require pursuant to its responsibilities. Documentation
under NEPA would constitute the complete federal decision for the
corridor designation with respect to environmental and cultural
resources made and its rationale. DOE intends that any Designation
Report issued would describe the considerations and factors weighed in
making the decision.
IV. Request for Information
DOE seeks comments from all interested stakeholders regarding all
of the proposed elements of DOE's anticipated approach to implementing
an applicant-driven, route-specific NIETC designation process described
in the NOI above.
Further, in keeping with the Administration's goals, and as an
agency whose mission is to help strengthen our country's energy
prosperity, the Department of Energy strongly supports investments that
create and retain good-paying jobs with the free and fair choice to
join a union, the incorporation of strong labor standards, and high-
road workforce development, especially registered apprenticeship and
quality pre-apprenticeship. Respondents to this RFI are encouraged to
include information
[[Page 30962]]
about how the NIETC designation process can best support these goals.
In addition, DOE seeks comments on the following specific
questions:
1. Please comment on the approach to NIETC designation discussed in
the NOI. What are the potential positive and negative impacts of such
an approach? How could this process, especially how applications for
designation are structured, be altered or improved?
2. Please comment on the information DOE intends to request as part
of an application in Section II.A.iii--are elements of these requests
and/or supporting rationale overly burdensome on respondents?
3. Is there other information or types of information not listed in
Section II.A.iii that should be requested to inform the evaluation and
designation of NIETCs?
4. For any of the information listed in Section II.A.iii or
suggested in response to the question above, what metrics and methods
are available for evaluating how that information meets the statutory
requirements for a NIETC described in Section I.C?
5. When considering the merits of corridor designation
applications, how should DOE evaluate and weight the impact that a
proposed corridor and any associated potential project(s) may have on:
a. Alleviating congestion or transmission capacity constraints and/
or responding to concerns identified in the Needs Study,
b. Grid reliability and resilience,
c. Reducing greenhouse gas emissions,
d. Generating host community benefits,
e. Encouraging strong labor standards and the growth of union jobs
and expanding career-track workforce development in various regions of
the country,
f. Improving energy equity and achieving environmental justice
goals,
g. Maximizing the use of products and materials made in the United
States, and
h. Maintaining or improving energy security?
How should DOE evaluate eligible projects that include benefits
that may vary across any of the above set of preferred impacts? To what
extent should DOE consider other related outcomes like cumulative
impacts from a potential corridor? What information should DOE seek to
inform such considerations? What metrics and methods are available for
conducting such evaluations?
6. Are there other potential Applicants beyond those listed in
Section II.A.i that should be considered when developing final
guidance, or whose specific needs should be considered when developing
this process?
7. Should DOE accept proposals or recommendations for NIETCs on an
annual basis, on some other defined frequency, or on a rolling basis?
How long should defined request periods be open?
8. Should DOE explicitly seek NIETC corridor proposals that
facilitate the development of certain kinds of transmission projects or
that meet specific identified transmission needs (e.g., interregional
transmission projects)?
9. Should DOE create separate tracks for those applicants who are
interested in backstop siting and financing versus those interested in
only access to DOE commercial facilitation and finance tools? In your
response, please address how the environmental review and other review
processes--including with FERC, other federal agencies, and state
regulatory bodies--might differ, the relative timing and urgency for
siting corridors versus financing corridors, differences in when in the
project development cycle an applicant may seek a financing or siting
corridor, and conversion between corridor types.
10. To the extent practicable, DOE anticipates leading the
coordination of NEPA reviews with other agencies to support their NEPA
documentation and to streamline their responsibilities related to
facility permitting as well as coordinating with any other Federal
agency required to participate in NIETC designations. To support and
facilitate environmental review, DOE anticipates requiring that
proposed ``route-specific corridors'' include or are supported by, to
the extent practicable, existing environmental data and analyses that
any federal agency may require to complete its environmental review. In
particular, where projects in NIETCs indicate an intention to seek
siting permits from FERC under section 216(b) of the FPA, DOE
anticipates that it will coordinate with FERC to avoid redundancy and
promote efficiency in environmental reviews. Accordingly, DOE intends
to request a scope and level of detail similar to what FERC would
require pursuant to its responsibilities.
a. Please comment on the role of FERC in the corridor designation
process. How can DOE and FERC coordinate to avoid redundancy and
promote efficiency in environmental reviews regarding the DOE corridor
designation and any potential FERC permit applications? Please be as
specific as possible, including but not limited to how the timing of
the corridor designations and permit applications restricts or
facilitates coordination, and practicable approaches to implementation.
b. Is there additional information that DOE should request in its
NIETC application beyond the information listed in Section II.A.iii? Is
additional information beyond the information listed in Section
II.A.iii, necessary to develop a record consistent with that which FERC
would require to meet its responsibilities under section 216(b) and
NEPA?
11. Are there other forms of outreach and/or consultation that
should be included in this process to ensure adequate participation of
and notice to Tribal authorities, State, local, the public, and
appropriate regional authorities? For example, should regional planning
entities or grid operators be included in outreach or consultation?
12. Are there post-designation procedures not discussed in this
request that should be included?
Disclaimer
This is solely a request for information and is not a grant
announcement. DOE is not accepting applications to this RFI, nor will
DOE reimburse any of respondents' costs in preparing a response. DOE
may or may not elect to issue a grant announcement in the future based
on or related to the content and responses to this RFI. There is no
guarantee that a grant announcement will be issued as a result of this
RFI. Responding to this RFI does not provide any advantage or
disadvantage to potential applicants if DOE chooses to issue a grant
announcement regarding the subject matter. Any information obtained as
a result of this RFI is intended to be used by the Government on a non-
attribution basis for planning and strategy development; this RFI does
not constitute a formal announcement for applications or abstracts.
Your response to this notice will be treated as information only. DOE
will review and consider all responses in its formulation of program
strategies for the identified materials of interest that are the
subject of this request. DOE will not provide reimbursement for costs
incurred in responding to this RFI. Respondents are advised that DOE is
under no obligation to acknowledge receipt of the information received
or provide feedback to respondents with respect to any information
submitted under this RFI. Responses to this RFI do not bind DOE to any
further actions related to these topics.
[[Page 30963]]
Evaluation and Administration by Federal and Non-Federal Personnel
Federal employees are subject to the non-disclosure requirements of
a criminal statute, the Trade Secrets Act, 18 U.S.C. 1905. The
Government may seek the advice of qualified non-Federal personnel. The
Government may also use non-Federal personnel to conduct routine,
nondiscretionary administrative activities. The respondents, by
submitting their response, consent to DOE providing their response to
non-Federal parties. Non-Federal parties given access to responses must
be subject to an appropriate obligation of confidentiality prior to
being given the access. Submissions may be reviewed by support
contractors and private consultants.
Request for Information Response Guidelines
Responses to the RFI must be provided in writing and submitted
electronically to <a href="http://www.regulations.gov">www.regulations.gov</a> no later than 5pm EST on June 29,
2023.
For ease of replying and to aid categorization of your responses,
please copy and paste the RFI questions, including the question
numbering, and use them as a template for your response. Respondents
may answer as many or as few questions as they wish.
DOE will not respond to individual submissions. A response to this
RFI will not be viewed as a binding commitment to develop or pursue the
project or ideas discussed.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will not be publicly
viewable except for your first and last names, organization name (if
any), and submitter representative name (if any). If your comment is
not processed properly because of technical difficulties, DOE will use
this information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Confidential Business Information
Because information received in response to this RFI may be used to
structure future programs and grants and/or otherwise be made available
to the public, respondents are strongly advised NOT to include any
information in their responses that might be considered business
sensitive, proprietary, or otherwise confidential. If, however, a
respondent chooses to submit business sensitive, proprietary, or
otherwise confidential information, it must be clearly and
conspicuously marked as such in the response. Responses containing
confidential, proprietary, or privileged information must be
conspicuously marked as described below. Failure to comply with these
marking requirements may result in the disclosure of the unmarked
information under the Freedom of Information Act or otherwise. The U.S.
Federal Government is not liable for the disclosure or use of unmarked
information and may use or disclose such information for any purpose.
Consistent with 10 CFR 1004.11, any person submitting information
that they believe to be confidential and exempt by law from public
disclosure should submit via email to <a href="/cdn-cgi/l/email-protection#1c525559485f5c746d32787379327b736a"><span class="__cf_email__" data-cfemail="bbf5f2feeff8fbd3ca95dfd4de95dcd4cd">[email protected]</span></a> two well marked
copies: one copy of the document marked ``Confidential Commercial and
Financial Information'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination. The copy containing
confidential commercial and financial information must include a cover
sheet marked as follows: identifying the specific pages containing
confidential, proprietary, or privileged information: ``Notice of
Restriction on Disclosure and Use of Data: Pages [list applicable
pages] of this response may contain confidential, commercial, or
financial information that is exempt from public disclosure.'' The
Government may use or disclose any information that is not
appropriately marked or otherwise restricted, regardless of source. In
addition, (1) the header and footer of every page that contains
confidential, proprietary, or privileged information must be marked as
follows: ``Contains Confidential, Commercial, or Financial Information
Exempt from Public Disclosure'' and (2) every line and paragraph
containing proprietary, privileged, or trade secret information must be
clearly marked with [[double brackets]] or highlighting.
Signing Authority
This document of the Department of Energy was signed on May 10,
2023, by Maria D. Robinson, Director, Grid Deployment Office, pursuant
to delegated authority from the Secretary of Energy. The document with
the original signature and date is maintained by the DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on May 10, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-10321 Filed 5-12-23; 8:45 am]
BILLING CODE 6450-01-P
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