Regulations for Filing Applications for Permits To Site Interstate Electric Transmission Corridors, 36258-36275 [06-5619]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Proposed Rules]
[Pages 36258-36275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5619]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 50 and 380

[Docket No. RM06-12-000]


Regulations for Filing Applications for Permits To Site 
Interstate Electric Transmission Corridors

Issued June 16, 2006.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
proposing regulations in accordance with section 1221 of the Energy 
Policy Act of 2005 to implement filings requirements and procedures for 
entities seeking to construct electric transmission facilities. The 
proposed regulations will expedite the Commission's permitting process 
by coordinating the processing of Federal authorizations and 
environmental review of electric transmission facilities in national 
interest transmission corridors.

DATES: Comments are due on or before August 25, 2006.

ADDRESSES: You may submit comments, identified by Docket No. RM06-12-
000, by one of the following methods:
     Agency Web Site: https://ferc.gov. Follow the instructions 
for submitting comments via the eFiling link found in the Comment 
Procedures Section of the preamble.
     Mail: Commenters unable to file comments electronically 
must mail or hand deliver an original and 14 copies of their comments 
to: Federal Energy Regulatory Commission, Secretary of the Commission, 
888 First Street, NE., Washington, DC 20426. Please refer to the 
Comment Procedures Section of the preamble for additional information 
on how to file paper comments.

FOR FURTHER INFORMATION CONTACT: John Schnagl, Office of Energy 
Projects, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, (202) 502-8756, john.schnagl@ferc.gov; Carolyn 
Van Der Jagt, Office of the General Counsel, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
8620, carolyn.VanDerJagt@ferc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    1. On August 8, 2005, the Energy Policy Act of 2005 (EPAct 2005) 
became law.\1\ Section 1221 of EPAct 2005 adds a new section 216 to the 
Federal Power Act (FPA), providing for Federal siting of electric 
transmission facilities under certain circumstances. The Nation's 
electric system is an extensive, interconnected network of power lines 
that transport electricity from generator to consumer. The system was 
originally built by electric utilities over a period of 100 years, 
primarily to serve local customers and maintain system reliability. 
However, due to a doubling of electricity demand and generation over 
the past three decades and the advent of competitive wholesale 
electricity markets, the need to transfer large amounts of electricity 
across the grid has increased significantly in recent years.\2\ 
Investment in new transmission facilities has not kept pace with the 
need to increase transmission system capacity and maintain system 
reliability. The blackout of August 2003 highlighted the need to 
bolster the nation's electric transmission system.
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    \1\ Pub. L. 109-58, 119 Stat. 594 (2005).
    \2\ See Considerations for Transmission Congestion Study and 
Designation of National Interest Electric Transmission Corridors 
(Department of Energy), 71 FR 5560 (February 2, 2006).
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    2. New section 216 of the FPA requires that the Secretary of Energy 
(Secretary) identify transmission constraints. It mandates that the 
Secretary conduct a study of electric transmission congestion within 
one year of enactment and every three years thereafter, and that the 
Secretary then issue a report, based on the study, which may designate 
any geographic area experiencing electric energy transmission capacity 
constraints or congestion that adversely affects

[[Page 36259]]

consumers as a national interest electric transmission corridor.
    3. Once a national interest transmission corridor is designated by 
the Secretary, the Commission has the authority under FPA section 
216(b) to issue permits to construct or modify electric transmission 
facilities in such a corridor under certain circumstances. The 
Commission has the authority to issue permits to construct or modify 
electric transmission facilities if it finds that: (1) A State in which 
such facilities are located does not have the authority to approve the 
siting of the facilities or to consider the interstate benefits 
expected to be achieved by the construction or modification of the 
facilities; (2) the applicant is a transmitting utility but does not 
qualify to apply for siting approval in the State because the applicant 
does not serve end-use customers in the State; (3) the State commission 
or entity with siting authority withholds approval of the facilities 
for more than one year after an application is filed or one year after 
the designation of the relevant national interest electric transmission 
corridor, whichever is later, or the State conditions the construction 
or modification of the facilities in such a manner that the proposal 
will not significantly reduce transmission congestion in interstate 
commerce or is not economically feasible.\3\
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    \3\ Under FPA section 216(i)(4), the Commission may not issue a 
permit for facilities within a State that is a party to an 
interstate compact establishing a regional transmission siting 
agency unless the members of the compact are in disagreement and the 
Secretary makes certain findings.
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    4. Additionally, under FPA sections 216(b)(2) through (6), the 
Commission must find that the proposed facility: (1) Will be used for 
the transmission of electric energy in interstate commerce; (2) is 
consistent with the public interest; \4\ (3) will significantly reduce 
transmission congestion in interstate commerce and protect or benefit 
consumers; (4) is consistent with sound national energy policy and will 
enhance energy independence; and (5) will maximize, to the extent 
reasonable and economical, the transmission capabilities of existing 
towers or structures.
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    \4\ The Commission will make a public interest determination 
based on the entire record of the proceeding, and after due 
consideration of the issues raised.
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    5. New FPA section 216(h)(2) designates the Department of Energy 
(DOE) as lead agency to coordinate all Federal authorizations needed to 
construct proposed electric transmission facilities in national 
interest electric transmission corridors. Under FPA section 
216(h)(4)(A), to ensure timely efficient reviews and permit decisions, 
DOE is required to establish prompt and binding intermediate milestones 
and ultimate deadlines for all Federal reviews and authorizations 
required for a proposed electric transmission facility.\5\ Section 
216(h)(5)(A) of the FPA requires that DOE as lead agency, in 
consultation with the other affected agencies, prepare a single 
environmental review document that would be used as the basis for all 
decisions for the proposed projects under Federal law.
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    \5\ Under FPA section 216(h)(6)(A), if any agency has denied a 
Federal authorization required for a transmission facility, or has 
failed to act by the deadline established by the Secretary, the 
applicant or any State in which the facility would be located may 
file an appeal with the President.
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    6. The Secretary determined that it would be beneficial to use the 
Commission's existing expertise and experience in siting energy 
facilities to coordinate and process Federal authorizations and related 
environmental reviews for proposed facilities in national interest 
transmission corridors. Thus, effective May 16, 2006, the Secretary 
delegated paragraphs (2), (3), (4)(A)-(B), and (5) of FPA section 
216(h) to the Commission as they apply to proposed facilities in 
designated national interest electric transmission corridors.\6\ 
Specifically, the Secretary delegated to the Commission DOE's lead 
agency responsibilities for the purpose of coordinating all applicable 
Federal authorizations and related environmental review and preparing a 
single environmental review document for facilities in a designated 
national interest electric transmission corridor. In developing the 
environmental document, the Commission will establish prompt and 
binding intermediate milestones and ultimate deadlines for the review, 
and ensure that all Federal permits are issued, and reviews for 
proposed facilities in a designated national interest electric 
transmission corridor are completed, within a year or as soon as 
practicable thereafter.
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    \6\ Department of Energy Delegation Order No. 00-004.00A.
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    7. Under FPA section 216(h)(4)(C), DOE is required to provide an 
expeditious pre-application mechanism for an applicant to confer with 
the agencies responsible for any separate permitting and environmental 
reviews required by Federal law. During that process, the agencies are 
required to communicate to applicants the likelihood for approval for a 
potential facility and key issues of concern. While DOE will conduct a 
pre-application process under for Federal authorizations under FPA 
section 216(h)(4)(C), the Commission will also conduct a pre-filing 
process to facilitate maximum participation from all interested 
entities and individuals and to assist an applicant in compiling the 
information needed to file a complete application. Based on its 
experience in processing applications for natural gas facilities and 
hydroelectric projects, the Commission has found that an extensive pre-
filing process allows the Commission to process the ultimate 
application expeditiously. The Commission intend that its pre-filing 
process be consistent with DOE's pre-application process to ensure a 
prompt and coordinated approach to siting facilities within national 
interest transmission corridors.

II. Discussion

    8. Section 216(c)(2) of the FPA requires that the Commission issue 
rules specifying the form of, and the information to be contained in, 
an application for proposed construction or modification of electric 
transmission facilities in a designated national interest electric 
transmission corridor, and the manner of service of notice of the 
permit application on interested persons. The Commission proposes to 
implement regulations in a new Part 50 of existing subchapter B of the 
Commission's regulations. The new procedures will also require certain 
modifications to other existing regulations, including the Commission's 
regulations implementing the National Environmental Policy Act of 1969 
(NEPA) in Part 380. The proposed regulations provide for a Project 
Participation Plan (Participation Plan) that will be filed at the 
beginning of the pre-filing process and will be used during the pre-
filing and application processes to facilitate maximum participation 
from all interested entities and individuals.

A. Project Participation

    9. Section 216(d) of the FPA requires that the Commission afford 
each State in which the transmission facility covered by the permit 
application is or will be located, each affected Federal agency and 
Indian tribe, private property owners, and other interested persons, a 
reasonable opportunity to present their views and recommendations with 
respect to the need for and impact of a facility covered by the permit 
application. Additionally, under FPA section 216(h)(3) and its 
delegated authority, the Commission needs to coordinate the Federal 
authorization

[[Page 36260]]

and review process with any Federal agencies, Indian tribes, multistate 
entities, and State agencies that are responsible for conducting 
separate permitting and environmental reviews of the facilities.
    10. The Commission is proposing a Participation Plan to facilitate 
maximum participation from all stakeholders. Proposed Sec.  50.1 
defines a stakeholder as a Federal, State, or multistate, tribal or 
local agency, any affected non-governmental organization, or other 
interested person. In other words, a stakeholder includes agencies and 
individuals contemplated under FPA section 216(d) and the permitting 
agencies contemplated under FPA section 216(h)(3).\7\ Proposed Sec.  
50.4 details the requirements for the Participation Plan, including 
document availability and project notification. Under proposed Sec.  
50.5(c)(7), the Participation Plan needs to be filed at the beginning 
of the pre-filing process.
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    \7\ Proposed Sec.  50.1 defines a permitting entity as any 
entity, including Federal, State, tribal, or multistate, or local 
agency that is responsible for conducting reviews for any Federal 
authorization that will be required to construct an electric 
transmission facility in a national interest electric transmission 
corridor.
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1. Stakeholder Participation
    11. Under proposed Sec.  50.4, the Commission proposes to require a 
potential applicant to prepare a Participation Plan to use during the 
pre-filing and application processes. The Participation Plan will be 
used to provide accurate and timely information concerning all aspects 
of the proposed project, including environmental impacts as well as the 
national and local benefits of the proposed project, to all 
stakeholders. The Participation Plan will detail how the applicant will 
facilitate stakeholder communications and dissemination of information 
about the proposed project for both the pre-filing and application 
proceedings, discussed below. It will also detail the applicant's plan 
for seeking and acquiring all necessary Federal, State, tribal, and 
local authorizations under Federal, State, and local laws.
    12. Proposed Sec.  50.4(a)(1), requires, among other things, that 
the applicant identify how it intends to facilitate stakeholder 
communications. It also requires that the applicant create and maintain 
a Web site specifically devoted to the project and have a single point 
of contact within the company to address communications from 
stakeholders.
    13. Proposed Sec.  50.4(a)(2) requires that the applicant list the 
central locations throughout the project area where copies of the all 
filings related to the proposed project will be located. Proposed Sec.  
50.4(a)(3) requires that the applicant detail how it intends to respond 
to requests for information from the public as well as Federal, State, 
and tribal permitting entities.
2. Document Availability
    14. Under proposed Sec.  50.4(b), the applicant must make copies of 
all of its filings readily available for all stakeholders to review. 
Within three business days of the date a pre-filing request is filed 
and when the application is issued a docket number, copies of the pre-
filing and application materials must be placed in accessible central 
locations in each county throughout the project area listed under 
proposed Sec.  50.4(b)(1) in paper or electronic format and on the 
company's Web site developed in compliance with proposed Sec.  
50.4(a)(1).
3. Project Notification
    15. Proposed Sec.  50.4(c) lists the project notification 
requirements. The applicant is required to notify all stakeholders, 
including affected landowners. Proposed Sec.  50.1 defines an affected 
landowner as an owner of property interests, as noted in the most 
recent tax notice, whose property is: (1) Directly affected, crossed or 
used, by the proposed project; or (2) abuts either side of an existing 
right-of-way or proposed facility site or right-of-way.
    16. Under proposed Sec.  50.4(c)(1)(i)(A), the applicant is 
required to send notification of the proposed new facilities or 
modification of existing facilities to all stakeholders within 14 days 
after the Director of Office of Energy Projects (OEP) or his designee 
notifies the applicant of the commencement of the pre-filing process. 
Under proposed Sec.  50.4(c)(1)(i)(B), when an application is 
subsequently filed, the applicant must notify all stakeholders within 
three business days after the Commission issues a notice of the 
application as proposed in Sec.  50.9. Additionally, under proposed 
Sec.  50.4(c)(1)(ii), the applicant must publish the notice of the pre-
filing request and application filing twice in a daily or weekly 
newspaper of general circulation in each county in which the facilities 
will be located.
    17. During the pre-filing process, discussed below, under proposed 
Sec.  50.4(c)(2)(i), the notification distributed by the applicant must 
include: (1) The docket number of the pre-filing proceeding; (2) a copy 
of the most recent edition of the Commission's pamphlet Electric 
Transmission Permitting Process; (3) a description of the project, its 
location, purpose, and the applicant's anticipated timing of its 
construction or modification process; (4) a general description of what 
the landowner will need to do if the project is approved and a company 
contact knowledgeable about the project; (5) a brief summary of the 
eminent domain rules of the relevant State; (6) information on how the 
landowner can obtain a copy of the pre-filing materials and the 
subsequent application, including information on how the landowner can 
obtain copies of CEII; and (7) an explanation of the difference between 
the pre-filing and application process and how the affected landowner 
may participate in each.
    18. Given the extent of the pre-filing process, the Commission 
believes that all stakeholders will be notified during that process. 
Therefore, once the application is filed, under proposed Sec.  
50.4(c)(2)(ii), the applicant is only required to notify all 
stakeholders that the application has been filed by supplying them with 
a copy of the Commission's notice of the application. If the project 
route is changed during the pre-filing or application process to 
potentially affect additional stakeholders, or it is determined that 
stakeholders have not previously been identified, once the stakeholder 
is identified, the applicant must supply those new stakeholders with 
the information required in proposed Sec.  50.4(c).
    19. Finally, under proposed Sec.  50.4(c)(5), if any stakeholder 
requests information that contains CEII, the applicant must request 
that information from the Commission under the procedures in Sec.  
388.113 of the Commission's regulations.

B. Pre-Filing Process

    20. The proposed regulations provide for, among other things, an 
extensive pre-filing process in proposed Sec.  50.5 that will 
facilitate maximum participation from all stakeholders to provide them 
with an opportunity to present their views and recommendations with 
respect to the need for and impact of the facilities early on in the 
planning stages of the proposed facilities as required under FPA 
section 216(d). The pre-filing process also will assist the applicant 
in compiling the information needed to file a complete application so 
that all reviews under Federal law can be completed within one year 
after the application is filed, or as soon thereafter as is 
practicable. During the pre-filing process, the Commission will work 
with the applicant and other permitting entities to coordinate the 
reviews and compile the information necessary for

[[Page 36261]]

all required Federal authorizations for the proposed facilities.\8\
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    \8\ Proposed Sec.  50.1 defines Federal authorization to include 
such permits, special use authorizations, certifications, opinions, 
or other approvals that may be required under Federal law to site a 
transmission facility, as defined in FPA section 216(h)(B).
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    21. Because of the potential for differences between projects, the 
Commission does not propose to set exact timeframes for the pre-filing 
process. The timeframe will depend upon, among other things, the size 
of the project, stakeholder participation, and the applicant's 
preparedness. The Commission expects that the pre-filing process for 
large, multi-state ``greenfield'' projects, will take longer than the 
pre-filing process for minor modifications to existing facilities.\9\ 
The Commission anticipates that the pre-filing process for extensive 
projects may take at least a year to complete. Additionally, the 
environmental resource reports required under proposed Sec.  380.16, 
discussed below, will require comprehensive field work and study to 
compile the information necessary to comply with the Commission's 
obligations under NEPA.
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    \9\ Greenfield facilities are facilities that primarily will be 
located in new rights-of-way.
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    22. As stated above, the pre-filing timeframe is also dependent on 
the preparedness of the applicant. The pre-filing process is designed 
to assist the applicant in compiling the information needed to prepare 
a complete application and to coordinate the review process for other 
Federal authorizations. The further along the applicant is in obtaining 
the necessary Federal authorizations and the information needed for a 
completed application when it commences the pre-filing process, the 
sooner the applicant will be prepared to file a complete application. 
Under proposed Sec.  50.5(a), all applicants seeking a permit to site 
new or to modify existing electric transmission facilities must comply 
with the proposed pre-filing process before they submit a permit 
application.
1. Initial Consultation
    23. Under proposed Sec.  50.5(b), an applicant must meet with the 
Director of OEP before filing its pre-filing materials. During that 
meeting, Commission staff will review the applicant's proposed project 
description, including the status of the applicant's progress towards 
collecting the data needed to commence the pre-filing process, any 
preliminary contacts the applicant has had with stakeholders, including 
its progress in DOE's pre-application process, and preliminary details 
about the project.
    24. Commission staff will also review the applicant's eligibility 
for Commission approval of a proposed facility, outline the pre-filing 
process, and provide guidance as to what further work is necessary to 
prepare the pre-filing request. Commission staff will also review the 
proposed project to determine if the applicant will be required to hire 
a third-party contractor to assist in preparing a NEPA document, under 
the direction of the Commission staff. The use of a third-party 
contractor can ensure that the environmental review of a proposed 
project proceeds expeditiously.
2. Initial Filing Requirements
    25. Proposed Sec.  50.5(c) lists the contents of a pre-filing 
request. Proposed Sec.  50.5(c)(1) requires that the applicant file a 
proposed schedule, including when it anticipates filing its completed 
application and when it proposes to energize its project and commence 
service on the facilities. Proposed Sec.  50.5(c)(2) requires that a 
pre-filing request include a description of the project, including maps 
and plot plans showing all major components, zoning requirements, and 
site availability. Any additional case-specific information that may be 
needed under this section will be discussed at the initial 
consultation. Proposed Sec.  50.5(c)(3) requires that the applicant 
file a list of the permitting entities responsible for conducting 
separate Federal permitting and environmental reviews for the proposed 
project.
    26. Proposed Sec.  50.5(c)(4) requires a list of other stakeholders 
that have been contacted, or have contacted the applicant, about the 
project. Proposed Sec.  50.5(c)(5) requires the applicant to file 
information concerning the status of work already conducted, including 
contacting agencies and individuals listed in proposed Sec. Sec.  
50.5(c)(3) and (4) its progress in DOE's pre-application process. 
Additionally, the applicant must file all information concerning 
engineering and environmental studies and route planning work conducted 
by contractors. The filing also must include information concerning any 
public meetings the proposed applicant has conducted regarding the 
proposed project.
    27. Proposed Sec.  50.5(c)(6) requires that the applicant propose 
at least three third-party NEPA contractors for the Commission to 
consider for the proposed project. Under proposed Sec.  50.5(d)(1), the 
Director of OEP's notice commencing the pre-filing process will 
designate the chosen third-party contractor.
    28. Finally, proposed Sec.  50.5(c)(7) requires that the applicant 
file the Participation Plan required in proposed Sec.  50.4(a). The 
Participation Plan must include a listing and schedule of all pre-
filing and application activities, including, among other things, 
consultations, information gathering and studies, and proposed 
location(s) and date(s) for the meetings and site visits, if 
applicable. The Director of OEP may require that the applicant modify 
the Participation Plan as necessary.
3. Commencement of Pre-filing Process
    29. The Director of OEP will review the information filed by the 
applicant and determine if there is sufficient information to commence 
the pre-filing process. If the Director of OEP determines the 
information filed is insufficient, the applicant will be notified in 
writing of any deficiencies or the need for additional information, and 
be given a reasonable time to correct the deficiencies or file the 
additional information. If the applicant fails to cure the deficiencies 
within the time specified, the Director of OEP may terminate the pre-
filing process. If the Director of OEP determines the filing is 
sufficient, the applicant will be notified under proposed Sec.  50.5(d) 
and the pre-filing process will begin.
4. Subsequent Filing Requirements
    30. The proposed regulations include a schedule for subsequent 
filings, once the pre-filing process has begun. Proposed Sec.  
50.5(e)(1) requires that the applicant finalize its Participation Plan 
within seven days after the notice is issued. Proposed Sec.  50.5(e)(2) 
requires that the applicant finalize the contract with the third-party 
contractor, if required, in 14 days. Proposed Sec.  50.5(e)(3)(i) 
requires that the applicant provide all stakeholders with the notice 
commencing the pre-filing process. Proposed Sec.  50.5(e)(3)(ii) 
specifically refers to the additional notification requirement for 
affected landowners in proposed Sec.  50.4(c).
    31. Proposed Sec.  50.5(e)(3)(iii) provides that the applicant must 
notify permitting entities with Federal authorization processes within 
14 days of commencing the pre-filing process. As discussed below, the 
Commission intends to compile the information necessary for its NEPA 
analysis primarily during the pre-filing process. Thus, the Commission 
proposes that the applicant request in its notice, and that the 
permitting agencies identify in their responses, any specific 
information, not required by the Commission in its resource reports 
required under proposed Sec.  380.16, that they may need

[[Page 36262]]

to reach a decision concerning the proposed project. The Commission 
envisions that this information will be compiled during the pre-filing 
process to facilitate the development of a preliminary NEPA document by 
the conclusion of the pre-filing process. Once all stakeholders have 
been notified under proposed Sec.  50.5(e)(3), proposed Sec.  
50.5(e)(4) requires that the applicant must submit a mailing list of 
all stakeholders contacted within 30 days.
    32. Under proposed Sec.  50.5(e)(5), the applicant must file a 
summary of all alternatives considered within 30 days of the Director 
of OEP's notification. Proposed Sec.  50.5(e)(6) requires that the 
applicant file an updated list of all Federal, State, tribal, and local 
agencies permits and authorizations that are necessary to construct or 
modify the proposed facilities. The list must include a schedule 
detailing when the applications for the permits and authorizations will 
be submitted (or were submitted). As stated, the Secretary will 
establish a pre-application mechanism under FPA section 216(h)(4)(C). 
The mechanism will facilitate consultation among prospective applicants 
and permitting agencies regarding key issues of concern and the 
likelihood of approval of the proposed facility. The permitting 
entities have 60 days to respond to the applicant's request for 
information. The applicant's filing under proposed Sec.  
50.5(e)(6)(iii) must specifically detail the information gathered 
during DOE's pre-application process.
    33. One purpose of the Commission's pre-filing process is to assist 
the applicant in compiling the necessary environmental resource 
reports. Proposed Sec.  50.5(e)(7) requires that the applicant file the 
first drafts of the resource reports required in proposed Sec.  380.16 
in a format that will allow for efficient interpretation and 
incorporation of the information into the draft NEPA document. Specific 
formatting requirements will be discussed at the initial consultation 
meeting proposed under proposed Sec.  50.5(b) and will be based on best 
available technology.
    34. Under proposed Sec.  50.5(e)(8), the applicant is required to 
file monthly status reports updating its progress in compiling the 
application information. If the applicant fails to file a status report 
or a response to a request for additional information, or is failing to 
make sufficient progress toward obtaining the requisite permits or 
authorizations or towards the goal of compiling the information needed 
for a complete application, under proposed Sec.  50.5(e)(8), the 
Director of OEP may terminate the pre-filing proceeding without 
prejudice to the applicant's re-applying.
5. Pre-filing Activities
    35. The Commission envisions that, during the pre-filing process, 
Commission staff will assist the applicant to compile a complete 
application while informing the public of the proposed project and 
promoting participation to provide an opportunity for all stakeholders 
to present their views and recommendations for the proposed project. 
Potential staff activities during the pre-filing process may include, 
but will not be limited to: (1) Assisting the applicant in identifying 
stakeholders, including landowners, interested organizations, and other 
individuals; (2) conducting site visits, examining potential 
alternatives, and holding open meetings; (3) facilitating the 
identification of issues and resolution of those issues; (4) assisting 
the applicant in coordinating other necessary Federal authorizations; 
(5) preparing and issuing the environmental scoping documents; (6) 
facilitating cooperating agency environmental review and the 
preparation of a preliminary Environmental Assessment or Environmental 
Impact Statement under NEPA; and (7) providing technical assistance to 
other permitting entities, upon request.
6. Concluding the Pre-Filing Process
    36. The Director of OEP will determine when the applicant has 
compiled sufficient information such that a complete application can be 
filed. Under proposed Sec.  50.5(f), the applicant is required to 
include all the information specified by the Commission staff during 
the pre-filing process, including all required exhibits and 
environmental information, in the electric transmission facility 
application. As discussed below, because of statutory time limits, the 
Commission will require that a preliminary NEPA document be prepared 
before an application is filed. Once the pre-filing process is 
completed, the Commission anticipates expeditiously processing the 
resultant application.

C. Applications

1. General Content
    37. As stated, once the pre-filing process is completed a permit 
application may be filed. Section 216(h)(4)(B) of the FPA requires that 
once an application is submitted, all reviews under Federal law for the 
proposed facilities must be completed within one year, or, if a 
requirement of another provision of Federal law does not permit 
compliance within one year, as soon thereafter as practicable. 
Therefore, it is imperative that a filed application contain all 
information necessary for the Commission to proceed with an expedited 
review of the proposal.
    38. Proposed Sec.  50.6 requires that the application generally 
summarize and provide background and non-technical information 
concerning the proposed project. Proposed Sec. Sec.  50.6(a) and (b) 
require information concerning the applicant's contact information and 
a description of the applicant's existing business.
    39. Under proposed Sec.  50.6(c), the applicant must file a 
concise, general description of the proposed project sufficient to 
explain its scope and purpose, including the proposed geographic 
location of the principal project features and the planned routing of 
the transmission line. The summary also must contain the general 
characteristics of the transmission line including voltage, types of 
towers, origin and termination point of the transmission line, and the 
geographic character of the area traversed by the line. The written 
description must be accompanied by an overview map of sufficient scale 
to show the entire transmission route.
    40. Proposed Sec. Sec.  50.6(d) requires that the applicant 
demonstrate that the filing complies with FPA sections 216(a). 
Specifically, the applicant must demonstrate that the proposed 
facilities are located in a national interest electric transmission 
corridor, as determined by DOE. Under proposed Sec.  50.6(e), the 
applicant must demonstrate that the proposed project complies with the 
requirements of FPA sections 216(b)(2) through (6). Specifically, it 
must demonstrate that the proposed construction or modification of 
facilities: (1) Will be used for the transmission of electric energy in 
interstate commerce; (2) is consistent with the public interest; (3) 
will significantly reduce transmission congestion in interstate 
commerce and protect or benefit consumers; (4) is consistent with sound 
national energy policy and will enhance energy independence; and (5) 
will maximize, to the extent reasonable and economical, the 
transmission capabilities of existing towers or structures.
    41. Proposed Sec. Sec.  50.6(f) and (g) require that the applicant 
describe the anticipated timeframe for constructing or modifying the 
facilities and commencing operations and a general

[[Page 36263]]

description of how the applicant proposes to finance the project. 
Proposed Sec.  50.6(h) requires the applicant to list all necessary 
approvals that it will need to construct the proposed facilities and 
provide information concerning how it intends to acquire, or the status 
of, those approvals.
    42. Proposed Sec.  50.6(i) states that the application must contain 
a table of contents listing all exhibits and supporting evidence that 
is filed with the application. Finally, under proposed Sec.  50.6(j), 
the applicant is required to file a draft notice for the Commission to 
have published in the Federal Register.
2. Exhibits
    43. Proposed Sec.  50.7 contains the requirements for the exhibits 
that must be filed with the application. The exhibits will contain the 
technical data needed for the Commission's analysis of the application. 
Proposed Sec. Sec.  50.7(a) through (c), Exhibits A through C, require 
information concerning the applicant's company, including articles of 
incorporation, bylaws, State authorizations, company officials, and 
subsidiaries and affiliations. Proposed Sec.  50.7(d), Exhibit D, 
requires a list of other filings the applicant currently has pending 
before the Commission which could impact the proposed project.
    44. As discussed above, a general location map must be filed under 
proposed Sec.  50.7(e), as Exhibit E. All the environmental data 
required in Part 380 of the Commission's regulations, discussed below, 
will be filed as proposed Exhibit F under proposed Sec.  50.7(f). 
Engineering data and system analysis data must be filed in Exhibits G 
and H, respectively, under proposed Sec. Sec.  50.7(g) and (h). 
Finally, project cost and financial data and construction, operation, 
and management data must be filed in Exhibits I and J, respectively.

D. Acceptance/Rejection of Applications

    45. As stated, FPA section 216(h)(4)(B) requires that all Federal 
permit decisions and environmental review be completed within one year 
after the application is filed, or as soon thereafter as practicable. 
Under proposed Sec.  50.8(a) applications will be docketed when 
received. Under proposed Sec.  50.8(b), the Director of OEP will reject 
any application that does not comply with the FPA and the Commission's 
regulations. Under proposed Sec.  50.8(c), if an application has been 
rejected and refiled, it will be docketed as a new application.

E. Notice of Application

    46. Under proposed Sec.  50.9(a), the Commission will issue, and 
publish in the Federal Register, a notice of the application when it 
determines the application contains all the necessary information for 
an expedited review. Under proposed Sec.  50.9(b), the notice will 
establish prompt and binding intermediate milestones and ultimate 
deadlines for the coordination and review of all applicable Federal 
authorizations, as determined in consultation with the permitting 
agencies during the Commission's pre-filing and DOE's pre-application 
processes, as required under FPA section 216(h)(4)(A).

F. Intervention

    47. Proposed Sec.  50.10 pertains to the intervention procedures 
for the application process.\10\ As stated, once it is determined that 
the application is complete, the Commission will issue a notice that it 
intends to process the application. The notice will fix a time within 
which anyone desiring to participate in the proceeding may file a 
motion to intervene in accordance with Sec.  385.214 of the 
Commission's regulations.
---------------------------------------------------------------------------

    \10\ The notice and intervention regulations are not applicable 
to the pre-filing process.
---------------------------------------------------------------------------

G. General Conditions Applicable to Permits

    48. The Commission will condition permits to construct or modify 
transmission facilities in order to conclude that the proposed 
facilities are in the public interest. Proposed Sec. Sec.  50.11(a) and 
(b) list general conditions that will be applicable to all permits. 
Other case-specific conditions will be discussed in the permit order.
    49. Under proposed Sec.  50.11(c), all applicants must follow the 
American National Standards Institute's National Electrical Safety Code 
while constructing the permitted facilities. Proposed Sec.  50.11(d) 
requires that the permittee obtain approval from the Director of OEP 
prior to constructing the facilities or commencing operations. Proposed 
Sec.  50.11(e) requires that the permittee construct the facilities 
within the time frame specified by the Commission. If the applicant 
cannot meet this deadline, it must notify the Commission and request an 
extension of time. If circumstances have changed since the permit was 
issued, the Commission may require additional analysis of the proposed 
project to ensure the proposed request is in the public interest. 
Proposed Sec.  50.11(f) requires that the permittee notify the 
Commission when it has commenced construction and when it places the 
new or modified facilities in service.
    50. A permit cannot be transferred without prior Commission's 
approval. Under proposed Sec.  50.11(g), an applicant proposing to 
transfer a permit to construct or modify transmission facilities, must 
file a petition requesting authorization to do so. The petition must: 
(1) State the reasons for the transfer; (2) show that the transferee is 
qualified to carry out the provision of the permit; (3) be verified by 
all parties to the proposed transfer; (4) be accompanied by a copy of 
the transfer agreement; (5) be accompanied by an affidavit of service 
of a copy on all parties to the permit proceeding; and (6) be 
accompanied by a affidavit that all affected landowners have been 
notified of the proposed transfer.

H. Regulations Implementing the National Environmental Policy Act

    51. Part 380 of the Commission's regulations implements its 
responsibilities under NEPA.\11\ The Commission proposes to revise 
those regulations by adding sections dealing with its new 
responsibilities with respect to the siting of electric transmission 
facilities. Proposed Sec.  380.3(c)(3) adds electric transmission 
projects to the list of activities for which environmental information 
must be supplied. Proposed Sec. Sec.  380.5(b)(14) and 380.6(a)(5) add 
electric transmission facilities to the lists of projects for which the 
Commission will do an environmental assessment or environmental impact 
statement.
---------------------------------------------------------------------------

    \11\ 18 CFR part 380 (2005).
---------------------------------------------------------------------------

    52. Based on some confusion encountered by the Commission in 
natural gas pre-filing proceedings, proposed Sec.  380.10(a)(2)(iii) 
clarifies that interventions should not be filed in natural gas pre-
filing proceedings and in the proposed electric transmission pre-filing 
proceedings. Interventions and party status, and the rights and 
obligations established thereunder, are granted under Sec.  385.214 of 
the Commission regulations after an application is filed. The pre-
filing natural gas and electric transmission processes are informal 
proceedings for which intervention status is not appropriate.
    53. Under proposed Sec.  380.15(c), approved electric transmission 
facilities are subject to the National Electric Safety Code. 
Additionally, under proposed Sec. Sec.  380.15(d) and (e), the 
transmission facilities rights-of way will be subject to the same 
construction and

[[Page 36264]]

maintenance requirements as natural gas pipelines.
    54. The Commission proposes a new Sec.  380.16 to delineate 
specific environmental filing requirements for electric transmission 
facilities. While these generally mirror the natural gas pipeline 
requirements, to avoid confusion the Commission proposes a separate 
section specifically tailored to electric transmission facilities.
    55. Proposed Sec.  380.16 requires 11 Resource Reports, as follows. 
Resource Report 1 would include, among other things, a description of 
the project by milepost and construction spreads, topographic maps, 
aerial images and/or photographs, descriptions of other permits and 
mitigation measure, and names and addresses of affected landowners.
    56. Proposed Resource Report 2 requires information necessary for 
the Commission to determine the impact of the proposed project on water 
use and water quality.
    57. Proposed Resource Report 3 describes aquatic life, wildlife, 
and vegetation in the vicinity or the proposed project.
    58. Proposed Resource Report 4 lists the information the applicant 
will need to supply the Commission for a cultural resource review to 
implement the Commission's obligations under the National Historic 
Preservation Act.
    59. Proposed Resource Report 5 requires that the applicant identify 
and quantify the impact of the construction and operation of the 
proposed project on towns and counties in the project vicinity.
    60. Proposed Resource Report 6 requires that the applicant describe 
geological resources and hazards in the project area that might be 
directly or indirectly affected by the proposed facility or may place 
the proposed facility at risk.
    61. Proposed Resource Report 7 requires information concerning 
soils and measures proposed to minimize or avoid impacts to them.
    62. Proposed Resource Report 8 requires information concerning the 
uses of land around the proposed transmission facility, including 
measures the applicant proposes to protect and enhance the existing 
land use.
    63. Resource Report 9 requires that the applicant describe 
alternatives to the project and compare the environmental impacts of 
such alternatives. This report also requires the applicant explain the 
environmental benefits and document the costs of each alternative.
    64. Proposed Resource Report 10 addresses, among other things, the 
potential hazard to the public of the proposed facilities that would 
result from accidents or natural catastrophes and how these events 
would affect reliability.
    65. Finally, proposed Resource Report 11 requires additional design 
and engineering data.

III. Information Collection Statement

    66. The Commission is submitting the following collection of 
information contained in this proposed rulemaking to the Office of 
Management and Budget (OMB) for review under section 3507(d) of the 
Paperwork Reduction Act of 1995.\12\ The Commission will identify the 
information provided for under the proposed Part 50 as FERC-729.
---------------------------------------------------------------------------

    \12\ 44 U.S.C. 3507(d) (2000).
---------------------------------------------------------------------------

    67. The number of applicants for electric transmission permits in 
national interest electric transmission corridors is unknown. Proposed 
transmission projects would have to, among other things, significantly 
reduce electric transmission congestion in a national interest electric 
transmission corridor. These corridors are yet to be defined by the 
Secretary. Also, Federal permitting of electric transmission facilities 
used in interstate commerce will occur only if, or when, States do not 
or cannot act on an application, or have conditioned a project in such 
a manner that the proposed construction or modification will not 
significantly reduce congestion in interstate commerce or is not 
economically feasible. Any estimates of the number of anticipated 
electric transmission construction permit applications are extremely 
variable, ranging from two to 20 per year.
    68. The Commission solicits comments on the Commission's need for 
the information required by the proposed regulations, whether the 
information will have practical utility, the accuracy of the provided 
burden estimates, ways to enhance the quality and clarity of the 
information that the Commission will collect, and any suggested methods 
for minimizing the respondent's burden, including the use of 
information techniques. The burden estimates for complying with this 
proposed rule are as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Number of        Number of       Hours per       Total annual
              Data collection                   respondents       responses       response           hours
----------------------------------------------------------------------------------------------------------------
FERC-729...................................               10               1           9,600             96,000
----------------------------------------------------------------------------------------------------------------

    Information Collection Costs: Because of the regional differences 
and the various staffing levels that will be involved in preparing the 
documentation (legal, technical and support) the Commission is using an 
hourly rate of $150 to estimate the costs for filing and other 
administrative processes (reviewing instructions, searching data 
sources, completing and transmitting the collection of information). 
The estimated annual cost is anticipated to be $14.4 million.
    Title: FERC-729 Electric Transmission Facilities.
    Action: Proposed Data Collections.
    OMB Control No.: To be determined.
    Upon approval of a collection of information, OMB will assign an 
OMB control number and an expiration date. Respondents subject to the 
filing requirements of this rule will not be penalized for failing to 
respond to these collections of information unless the collections of 
information display a valid OMB control number or the Commission has 
provided justification as to why the control number should not be 
displayed.
    Respondents: Businesses or other for profit, State, local, or 
tribal government.
    Necessity of the Information: The information collected from 
applicants will be used by the Commission to review the suitability of 
the proposal for a permit to construct the proposed electric 
transmission facilities. The Commission has assured itself, by means of 
internal review, that there is specific, objective support for the 
burden estimates associated with the information requirements.
    69. Interested persons may obtain information on the reporting 
requirements by contacting the following: Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426 [Attention: 
Michael Miller, Office of the Executive Director, Phone: (202) 502-
8415, fax: (202) 273-0873, e-mail: michael.miller@ferc.gov].

[[Page 36265]]

    70. For submitting comments concerning the collection(s) of 
information and the associated burden estimate(s), please send your 
comments to the contact listed above and to the Office of Management 
and Budget, Office of Information and Regulatory Affairs, Washington, 
DC 20503, [Attention: Desk Officer for the Federal Energy Regulatory 
Commission, phone: (202) 395-4650, fax: (202) 395-7285, e-mail: oira_
submission@omb.eop.gov].

IV. Environmental Analysis

    71. The Commission is required to prepare an EA or EIS for any 
action that may have a significant adverse effect on the human 
environment. No environmental consideration is raised by the 
promulgation of a rule that is procedural in nature or does not 
substantially change the effect of legislation or regulations being 
amended. The proposed regulations implement the procedural filing 
requirements for applications to construct electric transmission 
facilities. Accordingly, neither an environmental impact statement nor 
environmental assessment is required.

V. Regulatory Flexibility Act Analysis Certification

    72. The Regulatory Flexibility Act (RFA) \13\ generally requires a 
description and analysis of final rules that will have significant 
economic impact on a substantial number of small entities.\14\ The 
Commission is not required to make such analyses if a rule would not 
have such an effect.
---------------------------------------------------------------------------

    \13\ 5 U.S.C. 601-612 (2000).
    \14\ The RFA definition of ``small entity'' refers to the 
definition provided in the Small Business Act, which defines a 
``small business concern'' as a business which is independently 
owned and operated and which is not dominant in its field of 
operation. 15 U.S.C. 632 (2000). The Small Business Size Standards 
component of the North American Industry Classification System 
defines a small electric utility as one that, including its 
affiliates, is primarily engaged in the generation, transmission, 
and/or distribution of electric energy for sale and whose total 
electric output for the preceding fiscal years did not exceed 4 
million MWh. 13 CFR 121.201 (section 22, Utilities, North American 
Industry Classification System, NAICS) (2004).
---------------------------------------------------------------------------

    73. The Commission expects entities seeking approval for interstate 
transmission siting will be major transmission utilities capable of 
financing complex and costly transmission projects. The Commission 
anticipates that the high cost of construction of transmission 
facilities will bar the entry into this field by small entities as 
defined by the RFA. Therefore, the Commission concludes that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.

VI. Public Comments

    74. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due by August 25, 2006. Comments must refer to 
Docket No. RM06-12-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments. Comments may be filed either in electronic or paper format.
    75. Comments may be filed electronically via the eFiling link on 
the Commission's Web site at https://www.ferc.gov. The Commission 
accepts most standard word processing formats and requests commenters 
to submit comments in a text-searchable format rather than a scanned 
image format. Commenters filing electronically do not need to make a 
paper filing. Commenters that are not able to file comments 
electronically must send an original and 14 copies of their comments 
to: Federal Energy Regulatory Commission, Secretary of the Commission, 
888 First Street, NE., Washington, DC 20426.
    76. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

VII. Document Availability

    77. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through FERC's Home Page (https://www.ferc.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. 
eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.

List of Subjects

18 CFR Part 50

    Administrative practice and procedure, Electric power, Reporting 
and recordkeeping requirements.

18 CFR Part 380

    Environmental impact statements, Reporting and recordkeeping 
requirements.

    By direction of the Commission.
Magalie R. Salas,
Secretary.

    In consideration of the foregoing, the Commission proposes to add 
part 50 and amend part 380, chapter I, title 18, Code of Federal 
Regulations, as follows.
    1. Part 50 is added to subchapter B to read as follows:

PART 50--APPLICATIONS FOR PERMITS TO SITE INTERSTATE ELECTRIC 
TRANSMISSION FACILITIES

Sec.
50.1 Definitions.
50.2 Purpose and intent of rules.
50.3 Applications/pre-filing; rules and format.
50.4 Shareholder participation.
50.5 Pre-filing procedures.
50.6 Applications: general content.
50.7 Applications: exhibits.
50.8 Acceptance/rejection of applications.
50.9 Notice of application.
50.10 Interventions.
50.11 General conditions applicable to permits.

    Authority: 16 U.S.C. 824p, DOE Delegation Order No. 00-004.00A.


Sec.  50.1  Definitions.

    As used in this part:
    Affected landowners means owners of property interests, as noted in 
the most recent county/city tax records as receiving the tax notice, 
whose property:
    (1) Is directly affected (i.e., crossed or used) by the proposed 
activity, including all facility sites, rights-of-way, access roads, 
pipe and contractor yards, and temporary workspace; and
    (2) Abuts either side of an existing right-of-way or facility site 
owned in fee by any utility company, or abuts the edge of a proposed 
facility site or right-of-way which runs along a property line in the 
area in which the facilities would be constructed, or contains a 
residence within 50 feet of a proposed construction work area.
    Director of the Office of Energy Projects means the Director or his 
designees.
    Federal authorization means permits, special use authorization, 
certifications, opinions, or other approvals that may be required under 
Federal law in order to site a transmission facility.
    National interest electric transmission corridor means any 
geographic area experiencing electric energy transmission capacity 
constraints or congestion that adversely affects consumers, as 
designated by the Secretary of Energy.
    Permitting entity means any Federal or State agency, Indian tribe, 
multistate, or local agency that is responsible for

[[Page 36266]]

conducting separate authorizations pursuant to Federal law that are 
required to construct electric transmission facilities in a national 
interest electric transmission corridor.
    Stakeholder means any Federal, State, interstate, tribal, or local 
agency, any affected non-governmental organization, affected landowner, 
or interested person.
    Transmitting utility means an entity that owns, operates, or 
controls facilities used for the transmission of electric energy in 
interstate commerce for the sale of electric energy at wholesale.


Sec.  50.2  Purpose and intent of rules.

    (a) The purpose of the regulations in this part is to provide for 
efficient and timely review of requests for permits for the siting of 
electric transmission facilities under section 216 of the Federal Power 
Act. The regulations ensure that each stakeholder is afforded an 
opportunity to present views and recommendations with respect to the 
need for and impact of a facility covered by the permit. They also 
coordinate, to the maximum extent practicable, the Federal 
authorization and review process of other Federal and State agencies, 
Indian tribes, multistate, and local entities that are responsible for 
conducting any separate permitting and environmental reviews of the 
proposed facilities.
    (b) Every applicant shall file all pertinent data and information 
necessary for a full and complete understanding of the proposed 
project.
    (c) Every requirement of this part will be considered as an 
obligation of the applicant which can only be avoided by a definite and 
positive showing that the information or data called for by the 
applicable rules is not necessary for the consideration and ultimate 
determination of the application.
    (d) This part will be strictly applied to all applications and 
information as submitted and the burden of adequate presentation in 
intelligible form as well as justification for omitted data or 
information rests with the applicant.


Sec.  50.3  Applications/pre-filing; rules and format.

    (a) Filings are subject to the formal paper and electronic filing 
requirements for proceedings before the Commission located in part 385 
of this chapter.
    (b) Applications, amendments, and all exhibits and other 
submissions required to be furnished by an applicant to the Commission 
under this part must be submitted in an original and 7 conformed 
copies.
    (c) When an application considered alone is incomplete and depends 
vitally upon information in another application, it will not be 
accepted for filing until the supporting application has been filed. 
When applications are interdependent, they shall be filed concurrently.
    (d) All filings must be signed in compliance with Sec.  385.2005 of 
this chapter.
    (e) The Commission will conduct a paper hearing on applications for 
permits for electric transmission facilities.
    (f) Permitting entities will be subject to the filing requirements 
of this section and the prompt and binding intermediate milestones and 
ultimate deadlines established in the notice issued under Sec.  50.9.
    (g) Any person submitting documents containing critical energy 
infrastructure information must follow the procedures specified in 
Sec.  388.113 of this chapter.


Sec.  50.4  Stakeholder participation.

    A Project Participation Plan is required to ensure stakeholders 
access to accurate and timely information on the proposed project and 
permit application process.
    (a) Project Participation Plan. An applicant must develop a Project 
Participation Plan to be filed with the pre-filing materials under 
Sec.  50.5(c)(7) of this part that:
    (1) Identifies specific tools and actions to facilitate stakeholder 
communications and public information, including an up-to-date project 
Web site, and a readily accessible, single point of contact within the 
company;
    (2) Lists all central locations in each county throughout the 
project area where the applicant will provide copies of all their 
filings related to the proposed project; and
    (3) Includes a description and schedule explaining how the 
applicant intends to respond to requests for information from the 
public as well as Federal, State, and tribal permitting agencies, and 
other legal entities with local authorization requirements.
    (b) Document availability. Within three business days of the date 
the pre-filing materials are filed or application is issued a docket 
number:
    (1) Complete copies of the pre-filing and application materials 
must be available in accessible central locations in each county 
throughout the project area, either in paper or electronic format, and
    (2) Complete copies of all filed materials must be available on the 
project Web site.
    (c) Project notification. (1) For all pre-filing and application 
information filed under this part, the applicant must make a good faith 
effort to notify: All affected landowners; landowners with a residence 
within a quarter mile from the edge of the construction right-of-way of 
the proposed project; towns and communities; permitting agencies; and 
other local, State, tribal, and Federal governments and agencies 
involved in the project:
    (i) By certified or first class mail, sent:
    (A) Within 14 days after the Director of the Office of Energy 
Projects notifies the applicant of the commencement of the pre-filing 
process under Sec.  50.5(d) of this part.
    (B) Within 3 business days after the Commission notices the 
application under Sec.  50.9.
    (ii) By twice publishing a notice of the pre-filing request and 
application filings, no later than 14 days after the date that a docket 
number is assigned for the pre-filing process or to the application, in 
a daily or weekly newspaper of general circulation in each county in 
which the project is located.
    (2) Contents of participation notice:
    (i) The pre-filing request notification must, at a minimum, 
include:
    (A) The docket number assigned to the proceeding;
    (B) The most recent edition of the Commission's pamphlet Electric 
Transmission Facilities Permit Process. The newspaper notice need only 
refer to the pamphlet and indicate that it is available on the 
Commission's Web site;
    (C) A description of the applicant and the proposed project, its 
location (including a general location map), its purpose, and the 
timing of the project;
    (D) A general description of the property the applicant will need 
from an affected landowner if the project is approved, how to contact 
the applicant, including a local or toll-free phone number, the name of 
a specific person to contact who is knowledgeable about the project, 
and a reference to the project Web site. The newspaper notice need not 
include a description of the property, but should indicate that a 
separate notice is being mailed to affected landowners and governmental 
entities;
    (E) A brief summary of what rights the affected landowner has at 
the Commission and in proceedings under the eminent domain rules of the 
relevant Stat