Notice2024-29419
Notice of Early Public and Governmental Engagement for Potential Designation of Tribal Energy Access, Southwestern Grid Connector, and Lake Erie-Canada National Interest Electric Transmission Corridors
Primary source
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Published
December 16, 2024
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) is issuing this Notice of Early Public and Governmental Engagement to invite input and comment from Federal and State agencies, regional entities, Tribal and local governments, the public, and other interested parties on DOE's consideration of three potential National Interest Electric Transmission Corridors (NIETCs). This notice also provides date, time, and registration information for informational webinars regarding the potential NIETCs. DOE is seeking input and comments on the possible scope of analysis, including environmental, cultural, or socioeconomic effects should DOE designate any of the potential NIETCs, and the contents of DOE's engagement framework, including appropriate methods and locations of future NIETC-specific meetings. DOE also invites any other relevant feedback. Following consideration of comments and suggestions, DOE intends to refine geographic boundaries of the three potential NIETCs identified in this notice and determine its obligations under the National Environmental Policy Act (NEPA) and other environmental review requirements for each potential NIETC designation identified in this notice. If DOE determines that NIETC designation is a major federal action significantly affecting the quality of the human environment, DOE will subsequently begin any necessary NEPA process. If DOE determines that NIETC designation is not a major federal action significantly affecting the quality of the human environment, then DOE expects that NEPA would not apply.
Full Text
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<title>Federal Register, Volume 89 Issue 241 (Monday, December 16, 2024)</title>
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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Notices]
[Pages 101597-101600]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29419]
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DEPARTMENT OF ENERGY
Notice of Early Public and Governmental Engagement for Potential
Designation of Tribal Energy Access, Southwestern Grid Connector, and
Lake Erie-Canada National Interest Electric Transmission Corridors
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of early public and governmental engagement and request
for comment.
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SUMMARY: The U.S. Department of Energy (DOE) is issuing this Notice of
Early Public and Governmental Engagement to invite input and comment
from Federal and State agencies, regional entities, Tribal and local
governments, the public, and other interested parties on DOE's
consideration of three potential National Interest Electric
Transmission Corridors (NIETCs). This notice also provides date, time,
and registration information for informational webinars regarding the
potential NIETCs. DOE is seeking input and comments on the possible
scope of analysis, including environmental, cultural, or socioeconomic
effects should DOE designate any of the potential NIETCs, and the
contents of DOE's engagement framework, including appropriate methods
and locations of future NIETC-specific meetings. DOE also invites any
other relevant feedback. Following consideration of comments and
suggestions, DOE intends to refine geographic boundaries of the three
potential NIETCs identified in this notice and determine its
obligations under the National Environmental Policy Act (NEPA) and
other environmental review requirements for each potential NIETC
designation identified in this notice. If DOE determines that NIETC
designation is a major federal action significantly affecting the
quality of the human environment, DOE will subsequently begin any
necessary NEPA process. If DOE determines that NIETC designation is not
a major federal action significantly affecting the quality of the human
environment, then DOE expects that NEPA would not apply.
DATES: Comments and information are requested on or before February 14,
2025. Comments received or postmarked after that date will be
considered to the extent practicable. There are three informational
webinars scheduled during the comment period, one for each potential
NIETC designation: the potential Tribal Energy Access Corridor on
January 14, 2025, at 3 p.m. eastern; the potential Southwestern Grid
Connector Corridor on January 15, 2025, at 3 p.m. eastern; and the
potential Lake Erie-Canada Corridor on January 16, 2025, at 3 p.m.
eastern. Information on how to register for these webinars can be found
on DOE's NIETC website, at <a href="https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process">https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process</a>. These
webinars will be recorded, and the recordings will be available at the
same website when ready.
ADDRESSES: Interested parties are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>, under the
relevant docket number(s). Alternatively,
[[Page 101598]]
interested parties may submit comments, identified by relevant docket
number(s), by any of the following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#652b2c203126250d144b010a004b020a13"><span class="__cf_email__" data-cfemail="26686f637265664e570842494308414950">[email protected]</span></a>. Include the relevant docket
number(s) in the subject line of the email.
<bullet> Mail: Address written comments to U.S. Department of
Energy, Grid Deployment Office, 1000 Independence Ave. SW, Suite 4H-
065, Washington, DC 20585.
Instructions: There are four docket numbers associated with this
Notice of Early Public and Governmental Engagement. DOE encourages
interested parties to submit general recommendations and comments in
response to the topics listed in ``Request for Comments'' (section IV)
of the SUPPLEMENTARY INFORMATION section of this Notice of Early Public
and Governmental Engagement under the docket number in which this
notice has been posted. DOE encourages interested parties to submit
recommendations and comments specific to the circumstances of
individual potential NIETCs in the relevant dockets: DOE-HQ-2024-0088-
Potential Designation of the Tribal Energy Access National Interest
Electric Transmission Corridor; DOE-HQ-2024-0089--Potential Designation
of the Southwestern Grid Connector National Interest Electric
Transmission Corridor; DOE-HQ-2024-0090--Potential Designation of the
Lake Erie-Canada National Interest Electric Transmission Corridor.
Docket: The dockets for this activity are available for review at
<a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the dockets 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 pages can be found at
<a href="http://www.regulations.gov">www.regulations.gov</a>. The docket web pages contain instructions on how
to access all documents, including public comments, in the dockets.
Further information about the NIETC program, including maps and
underlying geographic information system (GIS) data displaying the
geographic boundaries of the three potential NIETCs moving to Phase 3
and identification of transmission projects currently under development
within the potential NIETCs, as well as information on how to attend
the informational webinars, may be found on DOE's website at: <a href="https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process">https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process</a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, Senior Technical
Advisor, by email at <a href="/cdn-cgi/l/email-protection#bef0f7fbeafdfed6cf90dad1db90d9d1c8"><span class="__cf_email__" data-cfemail="46080f031205062e376822292368212930">[email protected]</span></a> or by telephone at (202) 586-
2006.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Power Act (FPA) (16 U.S.C. 791a et seq.) authorizes the
Secretary of Energy to designate any geographic area as a NIETC if the
Secretary finds, based on the DOE's triennial National Transmission
Needs Study (Needs Study) or other relevant information, present or
expected transmission capacity constraints or congestion that adversely
affects consumers. The purpose for designating a NIETC is to facilitate
timely development of electric transmission infrastructure to address
the electric transmission needs identified in these areas. Designation
of an area as a NIETC enables DOE and the Federal Energy Regulatory
Commission (FERC) to use critical Federal financing and permitting
tools to spur construction of transmission projects within the area.
NIETC designation is not a route determination for any particular
transmission project nor is it an endorsement of one or more
transmission solutions to identified present or expected transmission
capacity constraints or congestion within the NIETC.
Pursuant to section 216(a)(1) of the FPA, DOE must conduct a study
every three years of electric transmission capacity constraints and
congestion, which DOE refers to as the Needs Study. On October 30,
2023, DOE released its latest triennial Needs Study.\1\ The 2023 Needs
Study is an assessment of publicly available data and more than 120
recently published reports that consider current and anticipated future
electric transmission needs given a range of electricity demand, public
policy, and market conditions. As used in the 2023 Needs Study, an
electric transmission need refers to the existence of present or
expected electric transmission capacity constraints or congestion in a
geographic area, consistent with FPA section 216(a)(1). The Needs Study
supports the implementation of DOE programs, including the potential
designation of NIETCs, consistent with the statutory direction in FPA
section 216(a)(2) that DOE consider designating NIETCs based on the
study required by section 216(a)(1) or other relevant information on
transmission need.
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\1\ See <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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DOE established a four-phase process, pursuant to FPA section
216(a), as amended by the Infrastructure Investment and Jobs Act
(IIJA), 16 U.S.C. 824p(a), through which DOE may designate NIETCs. DOE
initiated Phase 1 on December 19, 2023, with the release of DOE's final
guidance setting forth the new four-phase NIETC designation process.\2\
This guidance included DOE's preliminary assessment of the transmission
needs found in the 2023 Needs Study and guidance on where DOE believed
NIETC designation may be particularly valuable based on those findings.
Phase 1 included a 45-day window for interested parties to submit
information and recommendations on the geographic boundaries of
potential NIETCs, the present or expected transmission capacity
constraints or congestion within those geographic boundaries (i.e., the
transmission needs adversely affecting consumers), and the relevant
discretionary factors from the list in FPA section 216(a)(4) that DOE
may consider in designating a NIETC. DOE reviewed all information
submissions, recommendations, and comments and considered the results
of its 2023 Needs Study as well as other information relating to
electric transmission capacity constraints and congestion to develop a
preliminary list of potential NIETCs to initiate Phase 2 of the NIETC
designation process.
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\2\ See <a href="https://www.energy.gov/sites/default/files/2023-12/2023-12-15%20GDO%20NIETC%20Final%20Guidance%20Document.pdf">https://www.energy.gov/sites/default/files/2023-12/2023-12-15%20GDO%20NIETC%20Final%20Guidance%20Document.pdf</a>.
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DOE initiated Phase 2 on May 8, 2024, with the release of a
preliminary list of 10 potential NIETCs that DOE was considering for
NIETC designation in its first iteration of the four-phase designation
process.\3\ DOE provided a high-level explanation of the basis for
those potential NIETCs and opened another 45-day public comment period,
focused on the 10 potential NIETCs as well as additional information on
potential impacts on environmental, community, and other resources of
NIETC designation.
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\3\ See <a href="https://www.energy.gov/sites/default/files/2024-05/PreliminaryListPotentialNIETCsPublicRelease.pdf">https://www.energy.gov/sites/default/files/2024-05/PreliminaryListPotentialNIETCsPublicRelease.pdf</a>.
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DOE initiated Phase 3 in December 2024, when DOE announced which
potential NIETCs from the preliminary list released in May 2024 were
moving to Phase 3. As a result of findings in the 2023 Needs Study and
other relevant information on transmission needs, including review of
substantial public comment during Phases 1 and 2, DOE preliminarily
identified targeted, high-priority geographic areas for which:
transmission development is critical to address transmission needs
within the area, including key findings in the 2023 Needs Study, unmet
through existing
[[Page 101599]]
planning processes; there is clear utility to NIETC designation to
further such transmission development in the nearer term in light of
transmission projects under development in these areas; and the group
of potential NIETCs balances DOE's resources to achieve timely, durable
designations that follow from robust public and governmental
engagement. Specifically, DOE announced that it was moving three
potential NIETCs to Phase 3: the potential Tribal Energy Access
Corridor, the potential Southwestern Grid Connector Corridor, and the
potential Lake Erie-Canada Corridor. These potential NIETCs are
significantly narrowed and refined from the 10 potential NIETCs
included in the May 2024 preliminary list, and each were renamed to
better describe their location and purpose. Each of these potential
NIETCs are described in further detail in section II of this notice.
Phase 3 includes several concurrent activities. DOE continues to
independently assess the basis for NIETC designation; assess and
determine its NEPA obligations; and conduct robust public and
governmental engagement. As part of the public and governmental
engagement, DOE will continue to consider all issues and topics which
may be relevant to its eventual release of draft NIETC designation
reports (one for each potential NIETC) and draft environmental
documents, if required, for public comment.
Based upon the information and analyses developed in Phase 3, DOE
will proceed to Phase 4. The Director of the Grid Deployment Office has
the authority, as delegated by Delegation Order No. S1-DEL-S3-2024 and
Redelegation Order No. S3-DEL-GD1-2023, to issue final NIETC
designation reports (one for each NIETC that proceeds to final
designation).
II. Description of Each Potential NIETC
DOE has announced three potential NIETCs that have moved to Phase
3, described in detail below: the potential Tribal Energy Access
Corridor, the potential Southwestern Grid Connector Corridor, and the
potential Lake Erie-Canada Corridor.
The potential Tribal Energy Access Corridor includes portions of
the Phase 2 Northern Plains potential NIETC and refocuses to a refined
area on central sections in North Dakota, South Dakota, and Nebraska
with portions of central North Dakota, South Dakota, Cheyenne River
Reservation, and Standing Rock Reservation that were not in the Phase 2
potential NIETC map. The potential Tribal Energy Access Corridor
primarily follows existing transmission line rights-of-way, and
connects the Cheyenne River Reservation, Pine Ridge Reservation,
Rosebud Indian Reservation, Standing Rock Reservation, and Yankton
Reservation to existing or under development higher-voltage
transmission lines, which can enable Tribal energy and economic
development.
The potential Southwestern Grid Connector Corridor includes
portions of the Phase 2 Mountain-Plains-Southwest and Plains-Southwest
potential NIETCs, consisting of narrower areas of Colorado, New Mexico,
and the Oklahoma panhandle with portions of southeastern Colorado and
New Mexico not in the Phase 2 potential NIETC maps. This potential
NIETC focuses on the seam between the Eastern and Western
Interconnections including back-to-back high-voltage direct current
substations which can support interregional and cross-interconnection
transmission opportunities.
The potential Lake Erie-Canada Corridor includes portions of the
Phase 2 Mid-Atlantic-Canada potential NIETC, focusing on Lake Erie and
a narrower area in northern Pennsylvania, which can support connections
between Canada and the PJM Interconnection region.
More information on these potential NIETCs, including maps and
underlying GIS data displaying the geographic boundaries of the three
potential NIETCs moving to Phase 3 and identification of transmission
projects currently under development within the potential NIETCs, can
be found on DOE's NIETC website at: <a href="https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process">https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process</a>.
As previously described, DOE may use comments and suggestions
received during this early engagement period and other potential future
engagements and consultations to help refine the geographic boundaries
of the potential NIETCs identified in this notice, and the boundaries
of any potential NIETC may continue to be refined until the issuance of
a final NIETC designation report (Phase 4). In addition, for each
potential NIETC that DOE is moving to Phase 3, DOE will assess and
determine its NEPA obligations. DOE's assessment will include but is
not limited to analyzing whether any potential NIETC designation
constitutes a major federal action significantly affecting the quality
of the human environment (and therefore, whether NEPA applies); whether
there are any potential effects of such a designation, and, if any, can
they be meaningfully evaluated; and, if required, the appropriate level
of NEPA review.
III. Public Engagement Framework
To minimize the burden on communities, DOE intends to schedule
virtual and in-person public meetings to provide additional information
and receive comments in response to this notice. DOE will use feedback
received during this comment period to tailor any future public
engagement for each potential NIETC designation. Interested parties may
request meetings at any time during Phase 3 by emailing
<a href="/cdn-cgi/l/email-protection#155b5c504156557d643b717a703b727a63"><span class="__cf_email__" data-cfemail="e3adaaa6b7a0a38b92cd878c86cd848c95">[email protected]</span></a>. DOE may not be able to accommodate all meeting
requests received and may organize group meetings based on topic,
geography, or other common feature.
During Early Engagement Period (Through February 14, 2025)
There are three informational webinars scheduled during the comment
period, one for each potential NIETC designation: the potential Tribal
Energy Access Corridor on January 14, 2025, at 3 p.m. eastern; the
potential Southwestern Grid Connector Corridor on January 15, 2025, at
3 p.m. eastern; and the potential Lake Erie-Canada Corridor on January
16, 2025, at 3 p.m. eastern. In addition to these webinars, interested
parties may request virtual informational meetings with DOE by
contacting <a href="/cdn-cgi/l/email-protection#66282f233225260e174802090348010910"><span class="__cf_email__" data-cfemail="83cdcac6d7c0c3ebf2ade7ece6ade4ecf5">[email protected]</span></a>.
After Early Engagement Period
While DOE reviews and considers comments received in response to
this Notice of Early Public and Governmental Engagement and assesses
its NEPA obligations, DOE welcomes requests for meetings to discuss the
potential NIETCs. Meeting requests can be made by emailing
<a href="/cdn-cgi/l/email-protection#e1afa8a4b5a2a18990cf858e84cf868e97"><span class="__cf_email__" data-cfemail="99d7d0dccddad9f1e8b7fdf6fcb7fef6ef">[email protected]</span></a>. Note that DOE intends to initiate NEPA, if required,
for each potential NIETC on its own timeline and the designation
process will proceed on a NIETC-by-NIETC basis.
Upon any determination by DOE to initiate NEPA, if required and at
the appropriate level, the dates and locations of any potential NIETC-
specific public and governmental engagements will be announced via
subsequent announcements, Federal Register notices, local media, and/or
other appropriate methods. Commonly used methods of public and
governmental engagements include:
<bullet> Public meetings (may be virtual or in person),
<bullet> Meetings upon request, and
<bullet> Periodic meetings (either virtual or in-person) to provide
updates and discuss concerns, where relevant.
[[Page 101600]]
Additional Opportunities for Engagement
Tribal Engagement
Any government-to-government consultations with affected federally
recognized Indian Tribes will be conducted in a manner appropriate to
such consultations, respectful of Tribal sovereignty and consistent
with the ongoing trust responsibility between the United States and
Tribes.
Regional Entity Engagement
Pursuant to FPA section 216(a)(3), DOE will consult with regional
entities during Phase 3.
IV. Request for Comments
DOE specifically requests recommendations and comments on the
contents of the public engagement framework, including topics such as:
the number, location, and format of public meetings; preferred day of
week or time of day for such engagements; and identifying existing
forums for engaging with interested or potentially affected
stakeholders.
DOE additionally requests recommendations and comments on methods
of outreach, including topics such as: names of any specific entities,
such as community-based organizations, that should be included in or
contacted directly as part of public engagement; and appropriate local
news outlets, newspapers, and other news and media outlets for reaching
interested or potentially affected stakeholders.
DOE additionally seeks suggestions on how to organize group
meetings if all individual meeting requests cannot be accommodated,
including topics around which meetings should be organized.
DOE invites suggestions on environmental, cultural, or
socioeconomic considerations or potential effects that DOE should
consider during its review and analysis of its potential NIETC
designations, including comments on whether any potential effects can
be meaningfully evaluated. DOE additionally seeks input on whether each
potential NIETC maximizes existing rights-of-way and avoids and
minimizes, to the maximum extent practicable, and offsets to the extent
appropriate and practicable, sensitive environmental areas and cultural
heritage sites (FPA section 216(a)(4)(G)). Commenters are encouraged to
submit only non-sensitive information necessary to sufficiently inform
potential NIETC designations and avoid submitting any potentially
sensitive data. If DOE determines that additional information is needed
to support NIETC designation, DOE will contact the commenter directly
to request that data.
For all of the previous topics, DOE encourages general
recommendations and comments, which interested parties should submit
under the docket number in which this notice has been posted, as well
as recommendations and comments specific to the circumstances of
individual potential NIETCs, which interested parties should submit
under the relevant docket number: DOE-HQ-2024-0088-Potential
Designation of the Tribal Energy Access National Interest Electric
Transmission Corridor; DOE-HQ-2024-0089-Potential Designation of the
Southwestern Grid Connector National Interest Electric Transmission
Corridor; DOE-HQ-2024-0090-Potential Designation of the Lake Erie-
Canada National Interest Electric Transmission Corridor.
Signing Authority
This document of the Department of Energy was signed on December 9,
2024, by Maria D. Robinson, Director, Grid Deployment Office, pursuant
to delegated authority from the Secretary of Energy. That 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 December 10, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-29419 Filed 12-13-24; 8:45 am]
BILLING CODE 6450-01-P
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