[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

[[Page 910]]

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]
BILLING CODE 6450-01-P