[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 909-910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00102]
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DEPARTMENT OF ENERGY
Notice of Availability of Guidance on Implementing the Federal
Power Act To Designate National Interest Electric Transmission
Corridors
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of availability.
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SUMMARY: The U.S. Department of Energy (DOE) gives notice of
availability of the final Guidance setting forth the nonbinding process
that DOE plans to generally follow to designate National Interest
Electric Transmission Corridors (NIETC) pursuant to the Federal Power
Act. The Federal Power Act requires DOE to issue a report not less
frequently than once every three years, which may designate as a NIETC
any geographic area that is experiencing or is expected to experience
electric energy transmission capacity constraints or congestion that
adversely affects consumers. NIETC designation focuses public and
policymaker attention on the areas of greatest transmission need and
unlocks valuable Federal financing and permitting tools to advance
transmission development.
DATES: Interested parties may submit information and recommendations
based on the list of information requested for Phase 1 in the Guidance
by 5:00 p.m. ET on February 2, 2024.
FOR FURTHER INFORMATION CONTACT: Gretchen Kershaw, U.S. Department of
Energy, Grid Deployment Office, at (202) 586-2006; or [email protected].
SUPPLEMENTARY INFORMATION: DOE's Grid Deployment Office (GDO) is
announcing the availability of the Guidance on Implementing Section
216(a) of the Federal Power Act to Designate National Interest Electric
Transmission Corridors (NIETC Guidance). Section 216(a)(2) of the
Federal Power Act (FPA), as amended by section 40105 of the
Infrastructure Investment and Jobs Act (IIJA), requires DOE to issue a
report not less frequently than once every three years, which may
designate as a NIETC any geographic area that is experiencing or is
expected to experience electric energy transmission capacity
constraints or congestion that adversely affects consumers. DOE must
base any NIETC designation on the findings of DOE's triennial
nationwide study required by FPA section 216(a)(1), which DOE refers to
as the National Transmission Needs Study (Needs Study), or other
information relating to electric energy transmission capacity
constraints or congestion. In addition, the FPA requires DOE to
consider alternatives
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and recommendations from interested parties (including an opportunity
for comment from affected States and Indian Tribes) and to consult with
regional entities when designating a NIETC. FPA section 216(a)(4)
allows DOE to also consider several additional factors in designating a
NIETC.
The NIETC Guidance describes DOE's intended implementation of this
statutory authority and initiates the process for designating one or
more NIETCs following issuance of the Needs Study released in October
2023. The NIETC Guidance expands on DOE's May 15, 2023, Notice of
Intent and Request for Information, which set forth key elements of a
process through which interested parties could propose NIETC
designation and requested comment on the process generally and in
response to other specific questions (88 FR 30956). The NIETC Guidance
includes revisions made in response to comments and input DOE received.
The NIETC Guidance sets forth a four-phase process, which begins
with DOE's evaluation of the results of the most recent final Needs
Study to begin identifying potential geographic areas for NIETC
designation and concurrent opening of a 45-day Phase 1 information
submission window. During this window, interested parties may submit
information and recommendations on the narrow geographic boundaries of
potential NIETCs, the present or expected transmission capacity
constraints or congestion within those geographic boundaries, and the
relevant discretionary factors in FPA section 216(a)(4). Phase 2 of the
NIETC designation process begins with DOE's public issuance of a
preliminary list of potential NIETC designations. This opens a 45-day
comment period and Phase 2 information submission window for submission
of additional information on geographic boundaries and permitting. DOE
plans to prioritize which potential NIETCs move to Phase 3 based on the
available information on geographic boundaries and permitting and
preliminary review of comments. During Phase 3, DOE continues to
independently assess the basis for NIETC designation, initiates any
needed environmental reviews, and conducts robust public engagement,
culminating in the release of one or more draft designation reports and
draft environmental documents, as needed, for public comment. Phase 4
is the conclusion of the NIETC designation process, with issuance of
one or more final designation reports and final environmental
documents, as needed.
NIETC designation focuses public and policymaker attention on the
areas of greatest transmission need and unlocks valuable federal
financing and permitting tools to advance transmission development.
These include DOE authorities under the IIJA, the Inflation Reduction
Act, and the Energy Policy Act of 2005, as well as the Federal Energy
Regulatory Commission's permitting authority under FPA section 216(b).
Members of the public can visit GDO's website to access the NIETC
Guidance at: https://www.energy.gov/sites/default/files/2023-12/2023-12-15%20GDO%20NIETC%20Final%20Guidance%20Document.pdf.
Signing Authority
This document of the Department of Energy was signed on January 2,
2024, by Maria D. Robinson, pursuant to delegated authority from the
Secretary of Energy. That document with the original signature and date
is maintained by 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. The administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on January 3, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-00102 Filed 1-5-24; 8:45 am]
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