Notice of Intent and Request for Information: Designation of National Interest Electric Transmission Corridors, 30956-30963 [2023-10321]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Notices]
[Pages 30956-30963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10321]


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DEPARTMENT OF ENERGY


Notice of Intent and Request for Information: Designation of 
National Interest Electric Transmission Corridors

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of intent (NOI); request for information (RFI).

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SUMMARY: Pursuant to the Federal Power Act (``FPA''), the U.S. 
Department of Energy (``DOE'' or the ``Department'') Grid Deployment 
Office (``GDO'') is issuing this Notice of Intent (``NOI'') to 
establish a process to designate ``route-specific'' National Interest 
Electric Transmission Corridors (``NIETCs,'' pronounced \NIT-sees\). 
Through this process, DOE intends to invite interested entities to 
propose for designation as a NIETC a potential route where one or more 
potential transmission projects could be located within a geographic 
area where the Department has identified transmission need(s) (i.e., 
present or expected electric transmission capacity constraints or 
congestion that adversely affects consumers) and where the Department 
has made other statutory findings. DOE intends to develop final 
guidelines and procedures for interested entities to propose that DOE 
designate a NIETC. In this NOI, DOE identifies certain key program 
design elements that it believes should form the basis of an applicant-
driven, route-specific process to designate NIETCs. In the accompanying 
RFI, DOE seeks comments from the public and interested parties on these 
identified program elements and any additional program elements that 
should be included to assist in developing final guidelines, 
procedures, and evaluation criteria for the applicant-driven, route-
specific NIETC designation process.

DATES: Written comments and information are requested on or before June 
29, 2023.

ADDRESSES: Interested parties may submit comments through the Federal 
eRulemaking Portal at www.regulations.gov. For detailed instructions on 
submitting comments and additional information on this process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: The docket for this activity, is available for review at 
www.regulations.gov. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    The docket web page can be found at www.regulations.gov. The docket 
web page contains instructions on how to access all documents, 
including public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
may be sent to: [email protected]. Questions about the NOI and RFI may 
be addressed to Molly Roy at (240) 805-4298.

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    Pursuant to section 216 of the Federal Power Act (``FPA'') (16 
U.S.C. 824p), the U.S. Department of Energy (``DOE'' or the 
``Department'') Grid Deployment Office (``GDO'') is issuing this Notice 
of

[[Page 30957]]

Intent (``NOI'') to establish a process to designate ``route-specific'' 
National Interest Electric Transmission Corridors (``NIETCs,'' 
pronounced \NIT-sees\). Through this process, DOE intends to invite 
interested entities to propose for designation as a NIETC a potential 
route where one or more potential transmission projects could be 
located within a geographic area where the Department has identified 
transmission need(s) (i.e., present or expected electric transmission 
capacity constraints or congestion that adversely affects consumers) 
and where the Department has made other statutory findings. Interested 
entities will be required to provide information about the potential 
route necessary to fulfill the statutory criteria for designation, as 
well as certain environmental information about the potential route to 
facilitate DOE's ability to efficiently complete its responsibilities 
under the National Environmental Policy Act (``NEPA''). DOE is also 
issuing a Request for Information (``RFI'') with this NOI to gather 
input to inform the development of future application guidance and 
procedures for entities seeking to propose a route as a NIETC, as well 
as the development of information DOE will request in order to evaluate 
proposals. DOE plans to issue final application guidance concurrent 
with the finalization of the National Transmission Needs Study (``Needs 
Study''), anticipated to be released in late summer of 2023.
    DOE anticipates that, generally, routes proposed for potential 
designation as a NIETC may be associated with specific transmission 
projects under active development, meaning that a potential applicant 
has progressed beyond the preliminary concept and has begun actively 
routing the project and engaging in community and landowner outreach, 
land surveys, or initiation of environmental compliance work. As such, 
DOE intends to designate NIETCs that are ``route-specific,'' meaning 
they encompass narrow areas that are under consideration for the 
location of specific potential project(s), and which are sufficient for 
the construction, maintenance, and safe operation thereof in accordance 
with any applicable regulatory requirements. Designation of a NIETC 
does not constitute selection of or a preference for a specific 
transmission project for financial, siting, or industry planning 
purposes; selection for these other purposes will continue to occur 
through established planning and regulatory processes.\1\
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    \1\ In the future, DOE may, under its authority in the Federal 
Power Act, also evaluate routes for NIETC designation that are not 
necessarily associated with any particular project under 
development, provided that such a route would facilitate the 
development of future transmission projects in the national 
interest.
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    DOE is considering this process for designating NIETCs in 
recognition of the fact that such designations would occur in areas 
experiencing the greatest need for immediate transmission development 
and would unlock new financing and regulatory tools to spur investment 
in those areas. The recently enacted Infrastructure Investment and Jobs 
Act (``IIJA'') and Inflation Reduction Act (``IRA'') contain new 
public-private partnership and loan authorities that DOE can use to 
spur construction of transmission projects in NIETCs. In addition, 
section 216(b) of the FPA, as amended by the IIJA, allows the Federal 
Energy Regulatory Commission (``FERC'') to issue permits to site 
transmission facilities within NIETCs when certain statutory conditions 
are met.
    NIETCs may encompass areas where multiple transmission projects 
could be located, providing an opportunity to coordinate environmental 
reviews and improve the efficiency and timeliness of permitting of 
these projects. DOE will, as appropriate, consult from an early stage 
with Federal, Tribal, State, and local authorities responsible for 
transmission siting and/or permitting on potential NIETC designation to 
develop appropriate and efficient timelines for decision-making. Where 
projects in NIETCs indicate an intention to seek siting permits from 
FERC under section 216(b) of the FPA, DOE intends to coordinate with 
FERC to the maximum extent practicable to avoid redundancy and promote 
efficiency in environmental reviews.
    DOE intends to develop final guidelines and procedures for 
interested entities to propose that DOE designate a NIETC. In this NOI, 
DOE identifies certain key program design elements that it believes 
should form the basis of an applicant-driven, route-specific process to 
designate NIETCs. In the accompanying RFI, DOE seeks comments from the 
public and interested parties on these identified program elements and 
any additional program elements that should be included to assist in 
developing final guidelines, procedures, and evaluation criteria for 
the applicant-driven, route-specific NIETC designation process.

II. Background

    A reliable and resilient electric transmission system is essential 
to the Nation's economic, energy, and national security. Additional 
transmission capacity is necessary to meet the challenges of more 
frequent extreme weather and other disruptive events, provide access to 
diverse sources of clean electricity, and meet new electricity demands 
driven by electrification of end-use sectors like transportation and 
industry.
    The Administration has set national goals to reduce U.S. greenhouse 
gas emissions at least 50 percent below 2005 levels in 2030 and to 
reach net zero emissions by 2050. These goals include a transition to a 
100% clean electric power sector by 2035,\2\ which would require an 
increase in transmission system capacity estimated to total between 1.3 
to 2.9 times the amount of existing transmission capacity.\3\ Recent 
independent analysis has also found that transmission systems may need 
to expand by 60 percent by 2030, and may need to triple by 2050, to 
deliver clean electricity to consumers.\4\ The proliferation of State 
and local clean energy standards and goals and private-sector clean 
energy purchase commitments \5\ further underscores the Nation's need 
for additional transmission infrastructure.\6\ The incorporation of 
clean energy resources facilitated by additional

[[Page 30958]]

transmission development will also expand energy resource diversity, 
promote resilience and reliability of the Nation's electricity grid, 
and lower costs to consumers by adding new low cost electricity 
supply.\7\
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    \2\ See Executive Order 14008 of Jan. 27, 2021, Tackling the 
Climate Crisis at Home and Abroad, 86 FR 7619 (Feb. 1, 2021), 
https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad; Fact Sheet: 
President Biden Sets 2030 Greenhouse Gas Pollution Reduction Target 
Aimed at Creating Good-Paying Union Jobs and Securing U.S. 
Leadership on Clean Energy Technologies (Apr. 22, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/.
    \3\ See Paul Denholm, et al., Examining Supply-Side Options to 
Achieve 100% Clean Electricity by 2035, (Aug, 2022), available at: 
www.nrel.gov/docs/fy22osti/81644.pdf.
    \4\ Eric Larson, et al., Net-Zero America: Potential Pathways, 
Infrastructure, and Impacts, (Dec. 15, 2020), available at: https://netzeroamerica.princeton.edu/img/Princeton%20NZA%20FINAL%20REPORT%20SUMMARY%20(29Oct2021).pdf.
    \5\ For example, in November 2022, the Clean Energy Buyers 
Alliance reported that ``[c]orporate energy customers have played an 
influential role in the clean energy transition by accelerating over 
57 gigawatts of clean energy in the U.S. alone.'' Corporate and 
Government Collaboration for Clean Energy Investment Moves from 
Commitment to Action: Up to $100 Billion in Clean Energy Investment 
Potential across the World Bureau of Energy Resources, Washington 
DC, (Nov. 2022) available at https://www.state.gov/corporate-and-government-collaboration-for-clean-energy-investment-moves-from-commitment-to-action-up-to-100-billion-in-clean-energy-investment-potential-across-the-world/.
    \6\ See Database of State Incentives for Renewables & Efficiency 
(DSIRE), Renewable & Clean Energy Standards, (Nov. 2022), available 
at: https://ncsolarcen-prod.s3.amazonaws.com/wp-content/uploads/2022/11/RPS-CES-Nov2022.pdf.
    \7\ See 87 FR 2769, ``Building a Better Grid Initiative to 
Upgrade and Expand the Nation's Electric Transmission Grid To 
Support Resilience, Reliability, and Decarbonization'' (January 19, 
2022), https://www.federalregister.gov/documents/2022/01/19/2022-00883/building-a-better-grid-initiative-to-upgrade-and-expand-the-nations-electric-transmission-grid-to.
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    Finally, the recently enacted IIJA and IRA together make 
significant investments in clean energy manufacturing and generation, 
and the electrification of homes, businesses, and vehicles. The benefit 
of those investments will not be realized fully unless the United 
States can quickly expand enabling electric transmission 
infrastructure.
    Designation of NIETCs is one of many tools that DOE has available 
to facilitate timely development of transmission infrastructure to meet 
these needs. As discussed in more detail below, designation of NIETCs 
can assist in focusing commercial facilitation, signal opportunities 
for beneficial development to transmission planning entities, and 
unlock siting and permitting tools for transmission projects in 
identified areas where present or expected future congestion is 
negatively impacting consumers.

A. Identification of Transmission Needs Through the National 
Transmission Needs Study

    Congress has emphasized the need to strengthen transmission 
infrastructure throughout the Nation and has tasked DOE with 
identifying transmission needs and facilitating the planning and 
deployment of transmission infrastructure to meet those needs.\8\ 
Directly relevant to the establishment of NIETCs, section 216(a) of the 
FPA directs DOE to conduct a study of electric transmission constraints 
and congestion on a triennial basis and, on the basis of that study and 
other information, designate geographic areas as NIETCs.
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    \8\ See, e.g., 42 U.S.C. 15926(a) (requiring the designation of 
energy right-of-way corridors across Federal lands for electric 
transmission and other energy projects); 16 U.S.C. 824p(h) 
(establishing procedures to ensure timely and efficient review of 
proposed transmission projects by Federal agencies); and 42 U.S.C. 
16421 (giving additional authority for Western Area Power 
Administration and Southwestern Power Administration to participate 
with other entities in the development of transmission).
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    DOE is in the process of fulfilling the threshold statutory study 
requirement through the completion of the Needs Study. Consistent with 
the authority provided to DOE by section 216(a) of the FPA as amended 
by the IIJA, the Needs Study will catalog both historical and 
anticipated electric transmission needs, defined as the existence of 
present or expected electric transmission capacity constraints or 
congestion in a geographic area. The Needs Study will identify high-
priority national transmission needs--specifically, opportunities for 
linking areas with new transmission facilities or upgraded existing 
facilities, including non-wire alternatives, to improve reliability and 
resilience of the power system; alleviate transmission congestion on an 
annual basis; alleviate transmission congestion during real-time 
operations; alleviate power transfer capacity limits between 
neighboring regions; deliver cost-effective generation to high-priced 
demand; or meet projected future generation, electricity demand, or 
reliability requirements.
    Pursuant to sections 216(a)(1) and (3) of the FPA, DOE has 
initiated and continues to consult with affected States, Indian Tribes, 
and appropriate regional entities in preparing the Needs Study. In 
February 2023, DOE released a draft of the Needs Study for public 
comment with a comment deadline of April 20, 2023.\9\
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    \9\ https://www.energy.gov/gdo/national-transmission-needs-study.
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B. Purpose of Designating NIETCs

    Designation of a NIETC is a prerequisite to the ability of DOE and 
FERC to use certain statutory tools to advance the development of 
transmission facilities necessary to relieve current and expected 
capacity constraints and congestion and spur the buildout of a reliable 
and resilient national transmission system that facilitates the 
achievement of national and subnational greenhouse gas emissions 
reduction goals and reduces the cost of delivered power for consumers.
    First, both the IIJA and IRA appropriated funds that can be used by 
DOE to help overcome commercial hurdles to the development of 
transmission facilities within NIETCs. Section 40106 of the IIJA \10\ 
enacted the Transmission Facilitation Program, appropriating $2.5 
billion to DOE to provide commercial facilitation to support the 
construction of high capacity new, replacement, or upgraded 
transmission lines. Under this provision, DOE is authorized to enter 
into public-private partnerships to co-develop transmission projects 
located within NIETCs. Further, section 50151 of the IRA \11\ 
established a Transmission Facility Financing program under which DOE 
can offer loan support to transmission facilities designated by the 
Secretary to be necessary in the national interest pursuant to section 
216(a) of the FPA, and appropriated $2 billion to pay for the cost 
(i.e., the ``credit subsidy'') of issuing such loans.
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    \10\ Public Law 117-58 (Nov. 11, 2021).
    \11\ Public Law 117-169 (Aug. 16, 2022).
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    In addition, under section 216(b) of the FPA, as amended by the 
IIJA, designation of a NIETC permits an applicant developing a 
transmission line to seek a permit from the Federal Energy Regulatory 
Commission (``FERC'') for the construction or modification of electric 
transmission facilities within a designated NIETC, provided that 
certain other statutory conditions have been met.\12\ Recently, FERC 
issued a Notice of Proposed Rulemaking proposing updated regulations 
that would implement this permitting authority, including regulations 
governing the environmental, cultural, and environmental justice 
resource information that applicants for a FERC-issued construction 
permit in a NIETC must submit.\13\
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    \12\ See 16 U.S.C. 824p(b).
    \13\ Applications for Permits to Site Interstate Electric 
Transmission Facilities, 181 FERC ] 61,205 (2022) (Notice of 
Proposed Rulemaking).
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C. Statutory Requirements for Designation of NIETCs

    The results of the Needs Study are a key input into the designation 
of NIETCs. Section 216(a)(2) of the FPA directs DOE to issue a report, 
based on the findings of the Needs Study or other information related 
to electric transmission capacity constraints or congestion, which may 
designate one or more NIETCs. Specifically, the Secretary may 
``designate as a national interest electric transmission corridor any 
geographic area that--(i) is experiencing electric energy transmission 
capacity constraints or congestion that adversely affects consumers; or 
(ii) is expected to experience such energy transmission capacity 
constraints or congestion.'' \14\ In addition, section 216(a)(4) of the 
FPA, as amended by the IIJA, allows the Secretary to consider several 
additional factors in determining whether to designate a NIETC. 
Specifically, the Secretary may consider whether:
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    \14\ 16 U.S.C. 824p(a)(2).
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    (A) the economic vitality and development of the corridor, or the 
end markets served by the corridor, may be constrained by lack of 
adequate or reasonably priced electricity;

[[Page 30959]]

    (B) (i) economic growth in the corridor, or the end markets served 
by the corridor, may be jeopardized by reliance on limited sources of 
energy; and
    (ii) a diversification of supply is warranted;
    (C) the energy independence or energy security of the United States 
would be served by the designation;
    (D) the designation would be in the interest of national energy 
policy;
    (E) the designation would enhance national defense and homeland 
security;
    (F) the designation would enhance the ability of facilities that 
generate or transmit firm or intermittent energy to connect to the 
electric grid;
    (G) the designation--
    (i) maximizes existing rights-of-way; and
    (ii) avoids and minimizes, to the maximum extent practicable, and 
offsets to the extent appropriate and practicable, sensitive 
environmental areas and cultural heritage sites; and
    (H) the designation would result in a reduction in the cost to 
purchase electric energy for consumers.
    DOE is required to provide an opportunity for comment, and 
potentially for consultation as part of required environmental and 
cultural resource review processes, to affected States, Indian Tribes, 
and regional grid entities when determining the designation of a NIETC. 
DOE intends to engage from an early stage with Tribal, State, and local 
authorities responsible for transmission siting and/or permitting on 
the potential corridors for designation, as well as Communities of 
Interest.\15\ When specific corridors under consideration present 
potential impacts to Tribal Nations, DOE will follow its policy 
established in Order 144.1 \16\ to pursue meaningful government-to-
government consultation. When engaging with Communities of Interest, 
DOE will follow the most recent Administration guidance on the 
Justice40 Initiative \17\ and energy and environmental justice as 
applicable.
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    \15\ Community of Interest means any community that has been 
historically marginalized, including, but not limited to, 
disadvantaged communities, fossil energy communities, rural 
communities, minority communities, indigenous peoples, or other 
geographically proximate communities that could be affected by a 
NIETC.
    \16\ Department of Energy American Indian Tribal Government 
Interactions and Policy--DOE Directives, Guidance, and Delegations.
    \17\ M-23-09 (whitehouse.gov).
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D. National Environmental Policy Act (``NEPA'') and Environmental and 
Cultural Resource Responsibilities

    In a 2011 decision, California Wilderness v. DOE,\18\ the federal 
Court of Appeals for the Ninth Circuit held that, pursuant to NEPA, 
DOE's designation of a NIETC--regardless of the lack of any siting 
decision made in that corridor--constitutes a major Federal action that 
may significantly affect the quality of the human environment such that 
documentation of environmental compliance is required.\19\ As a result, 
to designate any NIETC following completion of the Needs Study, whether 
on the proposal of an applicant or on DOE's own motion, DOE must 
initiate processes necessary to meet its obligations pursuant to NEPA, 
section 106 of the National Historic Preservation Act, and any other 
obligations pursuant to relevant environmental laws (e.g., section 7 of 
the Endangered Species Act).\20\
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    \18\ 631 F.3d 1072 (2011).
    \19\ 42 U.S.C. 4332(2)(C).
    \20\ See The Wilderness Society, et al v. U.S. Department of 
Energy, No. 08-71074 (9th Cir. 2011).
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    Accordingly, DOE must follow procedures under 10 CFR part 1021 to 
comply with section 102(2) of NEPA and the Council on Environmental 
Quality (CEQ) regulations for implementing the procedural provisions of 
NEPA (40 CFR parts 1500-1508). This part supplements, and is used in 
conjunction with, the CEQ regulations.

E. Related Authorities of FERC and Other Federal Agencies

    As explained above, one effect of a NIETC designation is to 
delineate areas within which, under certain circumstances, FERC may 
ultimately grant permits for the construction or modification of 
electric transmission facilities pursuant to section 216(b) of the FPA. 
On November 16, 2006, FERC issued Order No. 689, which adopted 
regulations establishing filing requirements and procedures for 
entities seeking permits under section 216(b) of the FPA.\21\ FERC also 
added a new section to its NEPA regulations, 18 CFR 380.16, which 
describes the specific environmental information that must be included 
in applications for permits to site transmission facilities under 
section 216(b). Section 380.16 currently requires each applicant to 
submit an environmental report that includes eleven resource 
reports.\22\ As noted previously, FERC recently issued a Notice of 
Proposed Rulemaking proposing changes to these regulations which, if 
finalized, would, among other things, add new required resource 
reports.\23\
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    \21\ Regulations for Filing Applications for Permits to Site 
Interstate Elec. Transmission Facilities, Order No. 689, 71 FR 69440 
(Dec. 1, 2006), 117 FERC ] 61,202 (2006) (Order No. 689 Final Rule), 
reh'g denied, 119 FERC ] 61,154 (2007) (Order No. 689 Rehearing 
Order).
    \22\ The eleven reports are detailed in the online Code of 
Federal Regulations here: https://www.ecfr.gov/current/title-18/chapter-I/subchapter-W/part-380/section-380.16. Reports range from: 
(1) General Project Description; (2) Water Use and Quality; (3) 
Fish, Wildlife, and Vegetation; (4) Cultural Resources; (5) 
Socioeconomics; (6) Geological Resources; (7) Soils; (8) Land Use, 
Recreation, and Aesthetics; (9) Alternatives; (10) Reliability and 
Safety; and (11) Design and Engineering.
    \23\ Applications for Permits to Site Interstate Electric 
Transmission Facilities, 181 FERC ] 61,205 (2022) (Notice of 
Proposed Rulemaking).
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    In addition, several agencies have worked to establish multi-
function (including transmission) energy corridors on Federal lands in 
11 western States (Arizona, California, Colorado, Idaho, Montana, 
Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming) under 
section 368 of the Energy Policy Act (EPAct) of 2005 (EPAct 2005).\24\ 
Specifically, Section 368 directs several agencies, including DOE, to 
designate these multi-use corridors on Federal lands.\25\ Section 368 
also directs the agencies to, when designating such corridors, account 
for the need for upgraded and new infrastructure and to take actions to 
improve reliability, relieve congestion, and enhance the capability of 
the national grid to deliver energy.\26\ On April 20, 2022, the Bureau 
of Land Management (BLM), the United States Forest Service, and DOE 
released the Final Regional Review Report for the West-wide Energy 
Corridors, which designated 5,000 miles of energy corridors (commonly 
referred to as ``Section 368 energy corridors'' or ``West-wide energy 
corridors'') for potential placement of electricity transmission and 
distribution infrastructure, among other energy transport projects. As 
preferred locations for energy transport projects on Federally 
administered public lands, these corridors are intended to facilitate 
long-distance movement of transmission and distribution of high-voltage 
electric power.\27\ Finally, title 41 of the Fixing America's Surface 
Transportation Act (FAST-41) (Pub. L. 114-94, 42 U.S.C. 4370m et seq.), 
establishes a new

[[Page 30960]]

governance structure, set of procedures, and funding authorities to 
improve the Federal environmental review and authorization process for 
``covered'' infrastructure projects. FAST-41 is administered by the 
Federal Permitting Improvement Steering Council (Permitting Council), 
which is comprised of the Permitting Council Chair, the Deputy 
Secretaries ``or equivalent'' of 13 Federal permitting agencies 
(including DOE), as well as the CEQ Chair and OMB Director. A sponsor 
of a project in an NIETC also may apply to become a FAST-41 covered 
project, which is entitled to the permitting timetable management, 
interagency coordination, transparency, and the other benefits of that 
statute. To apply for FAST-41 coverage, project sponsors should submit 
notice of the initiation of a proposed FAST-41 covered project (FIN) to 
the Permitting Council Executive Director at ([email protected]) 
and the appropriate facilitating agency.
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    \24\ 42 U.S.C. 15926.
    \25\ 42 U.S.C. 15926(a) and DOE/EIS-0406.
    \26\ 42 U.S.C. 15926(d).
    \27\ Visit the West-wide Energy Corridor Information Center 
website https://www.corridoreis.anl.gov/ to maps and learn about 
potential revisions, deletions, and additions to the network.
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III. Notice of Intent

A. Key Elements of Applicant-Driven, Route-Specific Designation 
Application Process

    As first announced in the Building a Better Grid Initiative NOI and 
discussed previously, DOE intends to implement its authority to 
designate NIETCs on an applicant-driven, route-specific basis. DOE will 
issue future guidance establishing the process through which interested 
parties can propose designation of a NIETC, and the information they 
will be required to provide. In this NOI, DOE identifies certain key 
elements that DOE expects will be part of this application process, and 
in the RFI that follows, seeks comments on these and any other key 
program elements to inform the development of guidance for applications 
for NIETC designations.
i. Eligible Applicants
    DOE expects Applicants for a potential NIETC designation to be 
transmission developers with a project under development in the 
proposed route. However, no particular stage of development is required 
for an Applicant to seek potential designation. DOE is also considering 
opening the pool of potential applicants to additional entities, which 
could include Tribal authorities, States, non-transmission-owning 
utilities (including transmission-dependent utilities), local 
governments, generation developers, or other entities with an interest 
in seeking designation of a NIETC.
ii. Scope of ``Route-Specific'' NIETCs
    As discussed above, DOE intends to invite Applicants to propose 
routes where one or more potential transmission projects could be 
located within a geographic area where DOE has identified transmission 
need(s) (i.e., present or expected electric transmission capacity 
constraints or congestion that adversely affects consumers), either 
through the Needs Study or through other evaluations provided by the 
Applicant. DOE anticipates that Applicants submitting potential routes 
for designation will be required to demonstrate that their proposed 
route balances the need to ensure that the potential route is defined 
with sufficient specificity to allow for meaningful evaluation of the 
potential energy and environmental impacts of one or more transmission 
projects along that route, while also sufficient in size and scope to 
construct, maintain, and safely operate one or more transmission 
projects in accordance with applicable regulatory requirements and 
reliability standards and accommodate routine route changes that often 
occur when siting and permitting infrastructure.
iii. Required Application Information
    DOE intends to require Applicants to include in their proposal for 
NIETC designation information about the potential route that is 
necessary to fulfill the statutory requirements for NIETC designation 
detailed in section I.C of this notice, as well as certain 
environmental information about the potential route to facilitate DOE's 
ability to efficiently complete its responsibilities under NEPA. 
Specifically, DOE preliminarily expects to require Applicants to submit 
the following information:
    (i) The geographic boundaries of potential route-specific 
corridor(s), and the rationale for those boundaries, including how they 
balance the need for specificity in the route with the need to ensure 
the scope and size are sufficient for operational purposes and to 
accommodate typical route changes;
    (ii) A description of how the potential NIETC would address 
existing or expected future electric energy transmission capacity 
constraints or congestion that adversely affects consumers, including 
but not limited to areas of constraints or congestion identified in the 
Needs Study;
    (iii) A description of how new or upgraded transmission capacity 
within the potential corridor would impact the criteria listed in FPA 
section 216(a)(4) that DOE may consider when making a designation, 
including information describing the impact such new or upgraded 
transmission capacity would have on: economic growth and vitality in 
the corridor or end markets served; energy independence, national 
defense, and national security; the achievement of national energy 
policy goals, including the development of low and zero carbon 
generation capacity resources; the ability to interconnect new firm or 
intermittent energy resources, and; reductions in electric energy costs 
for consumers;
    (iv) Environmental information necessary to meet the requirements 
of the National Environmental Policy Act, 42 U.S.C. 4332(2)(C) (NEPA). 
If a proposed NIETC designation is based on a project that is under 
sufficient development such that the following information is available 
in specifics, those specifics should be provided. For proposed NIETC 
designations that are more conceptual, the information provided should 
be as specific as possible. The Affected Environmental Resources and 
Impacts Summary is limited to a maximum length of twenty (20), single-
spaced pages, not including associated maps, and must include concise 
descriptions, based on existing, relevant, and reasonably-available 
information, of the known existing environment, and major site 
conditions in project area, including:
    a. An overview of topographical and resource features that are 
relevant to the siting of electric transmission lines present;
    b. Summary of known land uses, including Federal lands, Tribal 
lands, and State public lands of various types (e.g., parks and 
monuments), associated land ownership, where appropriate, and any land 
use restrictions;
    c. Summary of known or potential adverse effects to cultural and 
historic resources;
    d. Summary of known or potential conflicts with or adverse impacts 
on military activities;
    e. Summary of known or potential impacts on the U.S. aviation 
system, including FAA restricted airspace;
    f. Summary of known or potential impacts on the U.S. marine 
transportation system, including impacts on waterways under 
jurisdiction of the U.S. Coast Guard;
    g. Summary of known information about Federal- and State-protected 
avian, aquatic, and terrestrial species, and critical habitat or 
otherwise protected habitat, that may be present, as well as other 
biological resources information that is necessary for an environmental 
review;

[[Page 30961]]

    h. Summary of the aquatic habitats (to include estuarine 
environments, and water bodies, including wetlands, as well as any 
known river crossings and potential constraints caused by impacts to 
navigable waters of the United States considered for the qualifying 
project);
    i. Summary of known information about the presence of Communities 
of Interest as defined by DOE \28\ that could be affected by the NIETC;
---------------------------------------------------------------------------

    \28\ See footnote 15 for definition.
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    j. Identification of existing or proposed qualifying project 
facilities or operations in the project area;
    k. Summary of the proposed use of previously disturbed lands, 
existing, agency-designated corridors, including but not limited to 
corridors designated under section 503 of the Federal Land Policy and 
Management Act and section 368 of the Energy Policy Act of 2005, 
transportation rights-of-way, and the feasibility for co-location of 
the qualifying project with existing facilities or location in existing 
corridors and transportation rights-of-way;
    l. Summary of potential avoidance, minimization, and conservation 
measures; and
    m. Maps and Geospatial Information and Studies in support of the 
information provided in the summary descriptions for the known existing 
environmental, cultural, and historic resources in the project area 
under paragraph in this section must be included. Project proponents 
must provide maps as electronic data files that may be readily accessed 
by Federal entities and Non-Federal entities.
    (v) A discussion of existing or ongoing environmental review and 
documentation activities and participants within the potential route-
specific NIETC. This includes an indication of the extent to which the 
potential NIETC could be made to align with existing rights-of-way, 
including utility rights-of-way, rail rights-of-way, highway rights-of-
way, and multi-function energy corridors established on Federal lands 
under section 368 of EPAct 2005; \29\
---------------------------------------------------------------------------

    \29\ 42 U.S.C. 15926.
---------------------------------------------------------------------------

    (vi) A summary of engagements to date and future outreach planned 
with Communities of Interest;
    (vii) To the extent the applicant is proposing a route for NIETC 
designation in association with a specific project, the status of the 
project's development, including:
    a. Status of regulatory approvals;
    b. Discussion of project inclusion in any local or regional 
transmission plans;
    c. If the applicant has an intent to seek a federal permit under 
section 216(b), status of the applicant's initiation of or 
participation in the FERC pre-filing process;
    d. The extent to which interconnection points have been identified, 
secured, and assessed;
    e. A summary of engagements to date with potentially impacted 
landowners, including a summary of any acquired or expanded property 
rights or other agreements in place or in development;
    f. Discussion of any co-location with existing infrastructure, 
rights-of-way, and corridors;
    (viii) A discussion of whether planned or anticipated transmission 
project(s) within the potential NIETC would use innovative transmission 
technologies or combinations of technologies that would impact the size 
and scope of the proposed route (e.g., advanced conductor technologies 
that would allow for more capacity in a smaller corridor); and
    (ix) A discussion of the impact that potential transmission 
project(s) within the proposed NIETC would have on encouraging (1) 
collective bargaining and free and fair opportunities for workers to 
organize, (2) expanding quality job opportunities and training, (3) 
advancing diversity, equity, inclusion, and accessibility (DEIA), (4) 
achieving the DOE Justice40 Initiative policy priorities,\30\ (5) 
maximizing the use of products and materials made in the United States, 
and (6) maintaining or improving energy security.
---------------------------------------------------------------------------

    \30\ The eight DOE Justice40 Initiative policy priorities were 
identified by the DOE Office of Economic Impact and Diversity to 
guide DOE's implementation of Justice40. https://www.energy.gov/diversity/justice40-initiative.
---------------------------------------------------------------------------

iv. Evaluation and Designation Process and Decision
    Section 216(a)(2) requires the Secretary's decision to designate a 
NIETC to be issued in a Designation of National Interest Electric 
Transmission Corridors Report (``Designation Report''). DOE anticipates 
that, to reach a decision on an Applicant's proposal for designation of 
a NIETC and prepare a Designation Report, it will:
     Consider the results of the final 2023 National 
Transmission Needs Study;
     Evaluate proposals for consistency with the statutory 
requirements for corridor designation as described in section 216(a)(2) 
of the FPA;
     Provide an opportunity for comment by, as well as conduct 
required consultations with, Federal and Tribal Nations; State, local, 
and regional grid entities; and the general public, including 
transmission owners and users, grid operators, and others potentially 
impacted by the proposed designation;
     Evaluate the transmission needs that would be addressed by 
new or upgraded transmission capacity within the potential NIETC, and 
how those needs compare or relate to the needs identified in the Need 
Study and other additional factors as outlined section 216(a)(4) of the 
FPA, as amended by the IIJA;
     Evaluate the Applicant's demonstration of environmental 
impacts of such corridor designations under NEPA; and
     Evaluate the other considerations presented by the 
Applicant, including the considerations listed in section 216(a)(4) of 
the FPA.
    Based on these considerations and evaluations, DOE anticipates that 
it would then issue a decision whether to designate a NIETC as proposed 
or not. With respect to NEPA reviews, to promote efficiency and 
timeliness DOE intends to coordinate to the maximum extent practicable 
with FERC in cases where an Applicant also intends to seek permits from 
FERC under section 216(b) of the FPA. As noted in the accompanying RFI, 
this may include requiring Applicants for designation of a NIETC to 
provide, to the extent practicable, environmental information at the 
same scope and level of detail and in the same general form as what 
FERC would require pursuant to its responsibilities. Documentation 
under NEPA would constitute the complete federal decision for the 
corridor designation with respect to environmental and cultural 
resources made and its rationale. DOE intends that any Designation 
Report issued would describe the considerations and factors weighed in 
making the decision.

IV. Request for Information

    DOE seeks comments from all interested stakeholders regarding all 
of the proposed elements of DOE's anticipated approach to implementing 
an applicant-driven, route-specific NIETC designation process described 
in the NOI above.
    Further, in keeping with the Administration's goals, and as an 
agency whose mission is to help strengthen our country's energy 
prosperity, the Department of Energy strongly supports investments that 
create and retain good-paying jobs with the free and fair choice to 
join a union, the incorporation of strong labor standards, and high-
road workforce development, especially registered apprenticeship and 
quality pre-apprenticeship. Respondents to this RFI are encouraged to 
include information

[[Page 30962]]

about how the NIETC designation process can best support these goals.
    In addition, DOE seeks comments on the following specific 
questions:
    1. Please comment on the approach to NIETC designation discussed in 
the NOI. What are the potential positive and negative impacts of such 
an approach? How could this process, especially how applications for 
designation are structured, be altered or improved?
    2. Please comment on the information DOE intends to request as part 
of an application in Section II.A.iii--are elements of these requests 
and/or supporting rationale overly burdensome on respondents?
    3. Is there other information or types of information not listed in 
Section II.A.iii that should be requested to inform the evaluation and 
designation of NIETCs?
    4. For any of the information listed in Section II.A.iii or 
suggested in response to the question above, what metrics and methods 
are available for evaluating how that information meets the statutory 
requirements for a NIETC described in Section I.C?
    5. When considering the merits of corridor designation 
applications, how should DOE evaluate and weight the impact that a 
proposed corridor and any associated potential project(s) may have on:
    a. Alleviating congestion or transmission capacity constraints and/
or responding to concerns identified in the Needs Study,
    b. Grid reliability and resilience,
    c. Reducing greenhouse gas emissions,
    d. Generating host community benefits,
    e. Encouraging strong labor standards and the growth of union jobs 
and expanding career-track workforce development in various regions of 
the country,
    f. Improving energy equity and achieving environmental justice 
goals,
    g. Maximizing the use of products and materials made in the United 
States, and
    h. Maintaining or improving energy security?
    How should DOE evaluate eligible projects that include benefits 
that may vary across any of the above set of preferred impacts? To what 
extent should DOE consider other related outcomes like cumulative 
impacts from a potential corridor? What information should DOE seek to 
inform such considerations? What metrics and methods are available for 
conducting such evaluations?
    6. Are there other potential Applicants beyond those listed in 
Section II.A.i that should be considered when developing final 
guidance, or whose specific needs should be considered when developing 
this process?
    7. Should DOE accept proposals or recommendations for NIETCs on an 
annual basis, on some other defined frequency, or on a rolling basis? 
How long should defined request periods be open?
    8. Should DOE explicitly seek NIETC corridor proposals that 
facilitate the development of certain kinds of transmission projects or 
that meet specific identified transmission needs (e.g., interregional 
transmission projects)?
    9. Should DOE create separate tracks for those applicants who are 
interested in backstop siting and financing versus those interested in 
only access to DOE commercial facilitation and finance tools? In your 
response, please address how the environmental review and other review 
processes--including with FERC, other federal agencies, and state 
regulatory bodies--might differ, the relative timing and urgency for 
siting corridors versus financing corridors, differences in when in the 
project development cycle an applicant may seek a financing or siting 
corridor, and conversion between corridor types.
    10. To the extent practicable, DOE anticipates leading the 
coordination of NEPA reviews with other agencies to support their NEPA 
documentation and to streamline their responsibilities related to 
facility permitting as well as coordinating with any other Federal 
agency required to participate in NIETC designations. To support and 
facilitate environmental review, DOE anticipates requiring that 
proposed ``route-specific corridors'' include or are supported by, to 
the extent practicable, existing environmental data and analyses that 
any federal agency may require to complete its environmental review. In 
particular, where projects in NIETCs indicate an intention to seek 
siting permits from FERC under section 216(b) of the FPA, DOE 
anticipates that it will coordinate with FERC to avoid redundancy and 
promote efficiency in environmental reviews. Accordingly, DOE intends 
to request a scope and level of detail similar to what FERC would 
require pursuant to its responsibilities.
    a. Please comment on the role of FERC in the corridor designation 
process. How can DOE and FERC coordinate to avoid redundancy and 
promote efficiency in environmental reviews regarding the DOE corridor 
designation and any potential FERC permit applications? Please be as 
specific as possible, including but not limited to how the timing of 
the corridor designations and permit applications restricts or 
facilitates coordination, and practicable approaches to implementation.
    b. Is there additional information that DOE should request in its 
NIETC application beyond the information listed in Section II.A.iii? Is 
additional information beyond the information listed in Section 
II.A.iii, necessary to develop a record consistent with that which FERC 
would require to meet its responsibilities under section 216(b) and 
NEPA?
    11. Are there other forms of outreach and/or consultation that 
should be included in this process to ensure adequate participation of 
and notice to Tribal authorities, State, local, the public, and 
appropriate regional authorities? For example, should regional planning 
entities or grid operators be included in outreach or consultation?
    12. Are there post-designation procedures not discussed in this 
request that should be included?

Disclaimer

    This is solely a request for information and is not a grant 
announcement. DOE is not accepting applications to this RFI, nor will 
DOE reimburse any of respondents' costs in preparing a response. DOE 
may or may not elect to issue a grant announcement in the future based 
on or related to the content and responses to this RFI. There is no 
guarantee that a grant announcement will be issued as a result of this 
RFI. Responding to this RFI does not provide any advantage or 
disadvantage to potential applicants if DOE chooses to issue a grant 
announcement regarding the subject matter. Any information obtained as 
a result of this RFI is intended to be used by the Government on a non-
attribution basis for planning and strategy development; this RFI does 
not constitute a formal announcement for applications or abstracts. 
Your response to this notice will be treated as information only. DOE 
will review and consider all responses in its formulation of program 
strategies for the identified materials of interest that are the 
subject of this request. DOE will not provide reimbursement for costs 
incurred in responding to this RFI. Respondents are advised that DOE is 
under no obligation to acknowledge receipt of the information received 
or provide feedback to respondents with respect to any information 
submitted under this RFI. Responses to this RFI do not bind DOE to any 
further actions related to these topics.

[[Page 30963]]

Evaluation and Administration by Federal and Non-Federal Personnel

    Federal employees are subject to the non-disclosure requirements of 
a criminal statute, the Trade Secrets Act, 18 U.S.C. 1905. The 
Government may seek the advice of qualified non-Federal personnel. The 
Government may also use non-Federal personnel to conduct routine, 
nondiscretionary administrative activities. The respondents, by 
submitting their response, consent to DOE providing their response to 
non-Federal parties. Non-Federal parties given access to responses must 
be subject to an appropriate obligation of confidentiality prior to 
being given the access. Submissions may be reviewed by support 
contractors and private consultants.

Request for Information Response Guidelines

    Responses to the RFI must be provided in writing and submitted 
electronically to www.regulations.gov no later than 5pm EST on June 29, 
2023.
    For ease of replying and to aid categorization of your responses, 
please copy and paste the RFI questions, including the question 
numbering, and use them as a template for your response. Respondents 
may answer as many or as few questions as they wish.
    DOE will not respond to individual submissions. A response to this 
RFI will not be viewed as a binding commitment to develop or pursue the 
project or ideas discussed.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will not be publicly 
viewable except for your first and last names, organization name (if 
any), and submitter representative name (if any). If your comment is 
not processed properly because of technical difficulties, DOE will use 
this information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. If this instruction is followed, persons viewing comments will 
see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.

Confidential Business Information

    Because information received in response to this RFI may be used to 
structure future programs and grants and/or otherwise be made available 
to the public, respondents are strongly advised NOT to include any 
information in their responses that might be considered business 
sensitive, proprietary, or otherwise confidential. If, however, a 
respondent chooses to submit business sensitive, proprietary, or 
otherwise confidential information, it must be clearly and 
conspicuously marked as such in the response. Responses containing 
confidential, proprietary, or privileged information must be 
conspicuously marked as described below. Failure to comply with these 
marking requirements may result in the disclosure of the unmarked 
information under the Freedom of Information Act or otherwise. The U.S. 
Federal Government is not liable for the disclosure or use of unmarked 
information and may use or disclose such information for any purpose.
    Consistent with 10 CFR 1004.11, any person submitting information 
that they believe to be confidential and exempt by law from public 
disclosure should submit via email to [email protected] two well marked 
copies: one copy of the document marked ``Confidential Commercial and 
Financial Information'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination. The copy containing 
confidential commercial and financial information must include a cover 
sheet marked as follows: identifying the specific pages containing 
confidential, proprietary, or privileged information: ``Notice of 
Restriction on Disclosure and Use of Data: Pages [list applicable 
pages] of this response may contain confidential, commercial, or 
financial information that is exempt from public disclosure.'' The 
Government may use or disclose any information that is not 
appropriately marked or otherwise restricted, regardless of source. In 
addition, (1) the header and footer of every page that contains 
confidential, proprietary, or privileged information must be marked as 
follows: ``Contains Confidential, Commercial, or Financial Information 
Exempt from Public Disclosure'' and (2) every line and paragraph 
containing proprietary, privileged, or trade secret information must be 
clearly marked with [[double brackets]] or highlighting.

Signing Authority

    This document of the Department of Energy was signed on May 10, 
2023, by Maria D. Robinson, Director, Grid Deployment Office, pursuant 
to delegated authority from the Secretary of Energy. The document with 
the original signature and date is maintained by the DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on May 10, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-10321 Filed 5-12-23; 8:45 am]
BILLING CODE 6450-01-P