What did DOE announce on December 16 regarding Phase 3 of the NIETC designation process and on what is DOE inviting public comment?
DOE announced that it is moving three potential corridors to Phase 3 of the NIETC designation process. Those potential NIETCs are:- Tribal Energy Access Corridor;
- Southwestern Grid Connector Corridor; and
- Lake Erie-Canada Corridor.
DOE published a notice in the Federal Register that includes links to detailed maps of the potential NIETCs that DOE moved to Phase 3, as well as DOE’s proposed public engagement plan and possible scope of analysis of the potential NIETCs, including environmental, cultural, or socioeconomic effects should DOE designate any of the potential NIETCs. The notice opened a 60-day window for the public to comment on the information contained in the notice, including on the detailed maps. The deadline for public comment has been extended through April 15, 2025.
DOE is working to ensure robust public engagement and transparency in Phase 3 of the NIETC designation process. As DOE continues to scope meaningful and effective engagement strategies and consider what level of NEPA review, if any, is appropriate for each of the potential NIETCs in Phase 3, DOE is inviting feedback from all interested persons. This includes feedback on specific places, days of week, times of day, and similar information to inform in person and virtual public meetings for each potential NIETC. DOE also previewed the timeline for next steps and provided registration information for corridor-specific webinars that were held in January 2025.
What platform and data did DOE use to prepare the maps?
DOE relied on the best available science and existing geospatial mapping tools available to the agency to help identify energy resource areas and potential constraints. This includes ArcGIS software, internal mapping modeling tools (such as Argonne National Laboratory’s (ANL) Energy Zones Mapping Tool), and existing federal data layers containing land uses and designations. DOE also relied on support and technical assistance from ANL.How can I provide comments to DOE on the information released in December and otherwise on the potential NIETCs that DOE is considering?
You can submit comments in response to the Notice of Early Public and Governmental Engagement using the Federal eRulemaking Portal at www.regulations.gov, under the relevant docket number(s). Alternatively, interested parties may submit comments, identified by relevant docket number(s), by any of the following methods:- Email: NIETC@hq.doe.gov. Include the relevant docket number(s) in the subject line of the email.
- Mail: Address written comments to U.S. Department of Energy, Grid Deployment Office, 1000 Independence Ave SW, Suite 4H-065, Washington, DC 20585.
There are four docket numbers associated with the Notice of Early Public and Governmental Engagement. DOE encourages interested parties to submit general recommendations and comments in response to the topics listed in “Request for Comments” (section IV) of the SUPPLEMENTARY INFORMATION section of the Notice of Early Public and Governmental Engagement under docket number under the docket number in which the notice has been posted. DOE encourages interested parties to submit recommendations and comments specific to the circumstances of individual potential corridors in the relevant dockets: DOE-HQ-2024-0088- Potential Designation of the Tribal Energy Access National Interest Electric Transmission Corridor; DOE-HQ-2024-0089- Potential Designation of the Southwestern Grid Connector National Interest Electric Transmission Corridor; DOE-HQ-2024-0090- Potential Designation of the Lake Erie-Canada National Interest Electric Transmission Corridor. The public comment window is focused on collecting input on early scoping and public engagement plan development and informing DOE’s decision on the appropriate level of NEPA analysis, if any.
Feedback and questions on the potential NIETCs or on the NIETC program more broadly can be given at any time during Phase 3 by emailing NIETC@hq.doe.gov.
Why did DOE only move three potential NIETCs to Phase 3?
DOE prioritized the three potential NIETCs moving to Phase 3 based on its analysis to date, including review of substantial public comments during Phases 1 and 2. DOE preliminarily concluded that:- transmission development in these areas is critical to address transmission needs, including key findings in DOE’s 2023 National Transmission Needs Study, unmet through existing planning processes;
- there is clear utility to NIETC designation to further such transmission development in the nearer term in light of potential transmission projects under development in these areas and other factors;
- and the group of potential NIETCs balances DOE’s resources to achieve timely, durable designations that are informed by robust public engagement in the potential NIETC areas; the public engagement and analysis required is both time- and resource-intensive for DOE and for interested parties engaged in the process, creating a natural limit on the number of potential NIETCs that can reasonably proceed to Phase 3 at this time.
What happens to the potential NIETCs from the preliminary list released in May 2024 that DOE did not move to Phase 3, as well as the other areas of the country not included in the corridors moving to Phase 3?
DOE’s decision to not currently pursue NIETC designation in areas excluded from the three potential NIETCs moving to Phase 3 does not mean there are no transmission needs in these areas of the country. Indeed, for many areas not within the three potential NIETCs that DOE is currently considering, there are significant current and/or future transmission needs. DOE may initiate the four-phase NIETC designation process again in the future by opening a new Phase 1 window, during which DOE may reconsider areas not moving forward at this time . At the same time, NIETC designation is but one of DOE’s tools to advance critical transmission deployment across the country and may not be appropriate to address many transmission needs.Why is DOE identifying specific transmission projects under development within the potential NIETCs?
As explained in the NIETC guidance document, by focusing on narrow geographic areas where one or more potential transmission projects are under development, DOE can identify targeted, high-priority areas for NIETC designation. This means those areas where NIETC designation is more likely to catalyze transmission development to address transmission needs and the associated consumer harms, thereby making the most efficient and effective use of DOE’s resources. As DOE moves potential NIETCs to Phase 3, the areas under consideration are sufficiently focused for DOE to identify specific transmission projects under development within the potential NIETCs. This provides greater transparency to the public into DOE’s decision-making and the potential for transmission development within these areas in the near term.How does DOE’s decision impact transmission projects located in the Phase 2 potential corridors that DOE did not select to move forward into Phase 3?
DOE's NIETC decision does not mean that any transmission projects in the Phase 2 potential corridors have been cancelled or suspended. DOE’s NIETC decision does not impact any other past DOE program decisions related to transmission projects in the Phase 2 potential corridors.Is DOE taking input from the Department of Defense (DoD) on the NIETC designation process?
Yes, DOE is consulting with DoD for a national security and mission compatibility evaluation.How does one become a party to the NIETC designation process?
Only persons with party status can seek administrative and judicial review of DOE’s NIETC designations. In Phase 3, DOE will assign an individual docket number to each separate NIETC designation proceeding. DOE will grant party status to any and all persons who participate in the NIETC designation process, as described below. Specifically, DOE will grant party status to all persons who either:- filed information or recommendations during Phase 1 of the NIETC designation process as described in the NIETC Guidance issued on December 19, 2023 (in which case DOE will grant party status for all pending NIETC proceeding dockets);
- commented in response to the preliminary list of potential NIETCs announced in Phase 2 of the NIETC designation process (in which case DOE will grant party status for all pending NIETC proceeding dockets);
- comment in response to any requests for public comments on any potential NIETC designation during Phase 3, including on the Notice of Early Public and Governmental Engagement or any draft environmental documents, in the manner and by the deadline indicated in the request (in which case DOE will grant party status for only the NIETC proceeding docket(s) in which comments are filed); or
- comment in response to any draft NIETC designation report(s) issued in Phase 3, in the manner and by the deadline indicated in the draft report’s notice (in which case DOE will grant party status for only the NIETC proceeding docket(s) in which comments are filed).
Persons are not required to formally request party status in their comments, as DOE will accept any comments submitted in the manner described above as eligible and grant party status to the persons as described above. DOE plans to publish comments received during Phase 3.
To confirm your party status, please email DOE at NIETC@hq.doe.gov and we will address your specific situation.
What are DOE’s NEPA obligations and when will DOE conduct NEPA review on the potential NIETCs advancing to Phase 3 of the NIETC process?
During Phase 3, DOE will determine its NEPA obligations and obligations under other environmental review requirements for each potential NIETC designation. If DOE determines that NIETC designation is a major federal action significantly affecting the quality of the human environment, DOE will subsequently begin any necessary NEPA process. If DOE determines that NIETC designation is not a major federal action significantly affecting the quality of the human environment, then DOE expects that NEPA would not apply.What is the preliminary list of potential NIETCs?
The preliminary list published in May 2024 represents the potential NIETCs that DOE was considering for designation. The preliminary list includes a high-level explanation of the basis for each potential NIETC. Publishing this list opened a 45-day public comment period specific to those potential NIETCs. To find more information on each potential NIETC, visit the National Interest Electric Transmission Corridor Designation Process page.It is important to note that this was a preliminary step: a more in-depth evaluation will follow for those potential NIETCs that are proceeding to Phase 3.
Why do some of the potential NIETCs appear wider than others?
The geographic boundaries of potential NIETCs in the preliminary list vary in width and length due to the nature of the locations, population centers, land status, complexity associated with conducting meaningful on-the-ground surveys, physical and natural impacts, as well as transmission needs, including accounting for existing infrastructure.What happens with NIETC designations that were proposed in the Phase 1 information submission window but do not appear on the preliminary list?
NIETCs identified in Phase 1 information submissions that are not included in the preliminary list of potential NIETCs are not moving forward in this submission window, though resubmissions are allowed in future Phase 1 submission windows.
How will DOE handle information on potential impacts on Tribal resources?
DOE will follow federal law, its Policy and Order on Tribal Consultation, as well as the Best Practices Guide for Federal Agencies Regarding Tribal and Native Hawaiian Sacred Sites currently in effect, to discern potential impacts of NIETC designation on Indian Tribes and Tribal interests. This includes impacts to Indian Land, historic homelands from which Tribes were removed, cultural sites, sacred sites, burial sites, water rights, mineral and other subsurface rights, fishing rights, and hunting rights. DOE will determine whether formal consultation is needed with any Indian Tribes.For the purposes of the NIETC designation process, DOE defines Tribal Resources as follows:
- Any available information regarding resources or interests to a Federally recognized Indian Tribe, including but not limited to Reservation Boundaries, Fee-owned lands, treaty rights, publicly known or listed Traditional Cultural Properties or other cultural resources, any known consultation protocols for a given state or region, a list of Federally recognized Indian Tribes who have pre-contact interest or claims to a project area, and any other interest or resources that may impact a Federally recognized Indian Tribe.
Please see the Preliminary List Public Release document for more details on how an interested party can submit information on potential impacts on Tribal resources, including how to limit public disclosure.
Is there another way to get more information on the preliminary list of potential NIETCs?
On May 16, 2024, DOE hosted a public webinar on the preliminary list of potential NIETCs. The slides and webinar recording are available here.What information was DOE requesting from interested parties?
For Phase 1 of the NIETC designation process, DOE invited interested parties to submit information and recommendations on potential NIETCs for DOE consideration, more specifically on the geographic boundaries of potential NIETCs, transmission capacity constraints or congestion within those geographic boundaries, adverse effects on consumers, and other relevant factors from the list in Federal Power Act (FPA) Section 216(a)(4), as laid out in the Guidance Document.
Will DOE open additional information submission windows?
DOE anticipates opening at least one Phase 1 information submission window following each issuance of the triennial National Transmission Needs Study (Needs Study). The window opened on December 19, 2023, is the first window following issuance of the 2023 Needs Study.Additional Phase 1 information submission windows will depend on ongoing consideration of changing transmission capacity constraints and congestion nationwide in the period between issuance of final triennial Needs Studies.
What is a guidance document?
A guidance document is solely guidance. A guidance document is not a regulation, nor does it impose legally binding requirements on the Department of Energy (DOE) or any interested parties. DOE retains discretion to adopt approaches on a case-by-case basis that differ from the guidance where appropriate and the guidance may be revised periodically without public notice.DOE welcomes public input on the document at any time at NIETC@hq.doe.gov.
What is the NIETC designation process as outlined in the Guidance Document, at a high level?
The final Guidance Document describes a NIETC designation process with four phases:- Phase 1: DOE releases preliminary findings and opens a 45-day window for interested parties to submit information on the geographic boundaries of potential NIETCs, the transmission needs within those boundaries, and other discretionary factors relevant to potential NIETCs. After the 45-day window has closed, DOE will review the submitted information.
- Phase 2: Based on submitted information and the agency’s own independent analysis, DOE begins Phase 2 by releasing a preliminary list of potential NIETCs and opening a second 45-day window for interested parties to submit comments on the list as well as additional information on geographic boundaries and permitting for those potential NIETCs. After this 45-day window has closed, DOE will review all information available and prioritize moving to Phase 3 with a subset of potential NIETCs.
- Phase 3: During Phase 3, DOE conducts a number of concurrent activities, including refining geographic boundaries of potential NIETCs; initiating any required environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal statutes; and conducting robust public engagement. These activities culminate in DOE releasing one or more draft NIETC designation reports and any required draft environmental documents for comment as appropriate to inform the final phase.
- Phase 4: Phase 4 is the end of the NIETC designation process, during which DOE issues one or more final NIETC designation reports and any required final environmental documents.
What are the “discretionary factors”?
Section 216(a)(4) of the Federal Power Act (FPA) allows the Secretary of Energy to consider several additional factors in determining whether to designate a NIETC. DOE refers to these factors as the “discretionary factors” because the statute permits but does not require DOE to consider them in determining whether to designate a NIETC. Specifically, DOE may consider whether:- 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;
- Economic growth in the corridor, or the end markets served by the corridor, may be jeopardized by reliance on limited sources of energy; and a diversification of supply is warranted;
- The energy independence or energy security of the United States would be served by the designation;
- The designation would be in the interest of national energy policy;
- The designation would enhance national defense and homeland security;
- The designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid;
- The designation:
o Maximizes existing rights-of-way; and
o Avoids and minimizes, to the maximum extent practicable, and offsets to the extent appropriate and practicable, sensitive environmental areas and cultural heritage sites; and - The designation would result in a reduction in the cost to purchase electric energy for consumers.
What are the “preliminary findings”?
In the December 19, 2023, Guidance Document, DOE issued a preliminary finding, based on the 2023 National Transmission Needs Study (Needs Study), that NIETC designation may be particularly valuable where there is current and/or expected future need for increased interregional transfer capacity, i.e., where more transmission is needed to move electricity between regions.Who is eligible, and at what point(s), to submit information during the NIETC designation process?
DOE invites information and recommendations from any interested parties. Interested parties are any person or entity, including States, Indian Tribes, and territories, concerned with DOE’s exercise of its discretion to designate a geographic area as a NIETC.Why is DOE taking this approach to NIETC designation?
DOE plans to use its NIETC designation authority selectively and across a narrower geographic footprint than in the past. In 2007, DOE designated two NIETCs that each covered a vast territory and which were vacated by the U.S. Court of Appeals for the Ninth Circuit in California Wilderness Coalition v. DOE in 2011 on two independent grounds: (1) DOE had not properly consulted the affected States as required by FPA section 216(a)(1); and (2) designation of NIETCs was a “major federal action” under NEPA, triggering the obligation to prepare an environmental document (which DOE had not). DOE has not since designated any NIETCs. Congress expanded the grounds upon which DOE can designate NIETCs and added new discretionary factors that DOE may consider to justify NIETC designation. This historic experience and new Congressional direction prompted DOE to revisit its approach to NIETC designation.Looking at the past approach, a process that designates vast swaths of territory as NIETCs would cause delay and consume considerable resources, particularly of those swept up in a larger geographic footprint but outside of the path of likely transmission projects. Instead of such an approach, DOE now plans to follow a process that would better focus its own resources—and the resources of others—on narrower geographic areas that are more likely to be affected by a NIETC designation. The narrower geographic scope of potential NIETCs under the new process will lead to more useful environmental documents for permitting agencies, thereby eliminating or reducing the need for further review. Additionally, by increasing stakeholder engagement, DOE can leverage the best available information to inform NIETC designation, leading to more efficient and effective designations, consistent with Congressional direction.
What public input did DOE get on this approach to NIETCs prior to releasing the Guidance Document?
On May 15, 2023, DOE published a Notice of Intent (NOI) and Request for Information (RFI) to inform the designation of National Interest Electric Transmission Corridors (NIETCs). The RFI sought feedback on guidelines, procedures, and evaluation criteria for the designation process through a public comment period initially set to expire June 29, 2023. In response to a request for extension, DOE extended the comment period to July 31, 2023. All comment submissions from the public comment period can be found on Regulations.gov. These comments informed DOE’s approach to NIETC designation. Accordingly, many comments are addressed directly in the Guidance.Is DOE considering the increase and/or decrease of distributed energy resources and/or advanced grid technologies in evaluating and designating NIETCs?
DOE’s goal is to facilitate greater development of needed transmission infrastructure for reliability, resilience, and decarbonization purposes. This requires an all-of-the-above approach to transmission, meaning continued reliance on existing transmission planning processes in concert with additional authorities granted by Congress to DOE to identify unmet transmission needs and catalyze further transmission development to meet those needs. Pursuant to Section 216(a) of the Federal Power Act (FPA), DOE is granted the authority to designate as a NIETC 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. Where such conditions are present, a solution is needed to avoid adverse effects on consumers. But it is up to market participants, transmission planning entities, state and local authorities, Tribal entities, and potentially the Federal Energy Regulatory Commission (FERC) to determine the appropriate facilities to address the needs within any given NIETC. In many cases, the solution will be constructing new transmission facilities, and NIETC designation can unlock key federal financing and permitting tools to facilitate such transmission infrastructure. In other cases, the solution may be alternatives such as distributed energy resources or advanced grid technologies.How will DOE consider the potential impacts of NIETC designation on environmental, cultural, Tribal, and historic resources?
As part of the NIETC designation process, DOE will assess and determine its obligations under NEPA and initiate any NEPA process, as required. DOE will also examine any requirements that may apply under other federal statutes, such as the National Historic Preservation Act and the Endangered Species Act. The information that DOE invites from interested parties is designed, in part, to assist DOE in evaluating the potential impacts of designating one or more NIETCs, including impacts on environmental, cultural, Tribal, and historic resources. DOE will also conduct robust public engagement with impacted stakeholders early and throughout the process.How does the environmental review process, such as NEPA, work between states, DOE, and the Federal Energy Regulatory Commission (FERC)?
DOE has crafted the environmental information requests specified in the final Guidance Document to facilitate, to the maximum extent practicable, the ability of FERC, other federal agencies, and developers of potential transmission projects to utilize this information in other permitting processes, including a future FERC permitting proceeding, to reduce duplication and improve efficiency and timeliness.During Phase 3 of the NIETC designation process, DOE will conduct robust public engagement. DOE plans to coordinate with cooperating agencies (federal, state, and local) as well as consult with affected Tribal entities and local governments.
DOE recognizes the unique role of state and local governmental bodies in transmission development, given their authority over siting and permitting transmission facilities in their jurisdictions and/or over state environmental and natural resources. DOE encourages robust engagement in the NIETC designation process by these entities because they are important stakeholders with clear interest in the outcome of the process and have valuable insights.
Is there another way to get more information on the NIETC Guidance Document?
On January 3, 2023, DOE hosted a public webinar. The slides and recording of the webinar are posted here.Where is DOE in the NIETC designation process?
NIETC designation is a four-phase process to ensure there is ample time for public engagement and environmental review before any final designation(s). The designation process initiated in December 2023 is currently in Phase 3.
During Phase 3, DOE will conduct a number of concurrent activities, including refining geographic boundaries of potential NIETCs; considering what level of environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal statutes are appropriate, if any, for each of the potential NIETCs; and conducting robust public engagement in potentially impacted communities to ensure ample opportunities for comment by potentially impacted communities and landowners. This may include virtual and in person public meetings and informal workshops.
These activities culminate in DOE releasing one or more draft designation reports and any required draft environmental documents. The public will have an additional opportunity to comment on these documents, as well as to participate in public meetings with DOE.
In Phase 4 of the NIETC designation process, DOE will issue one or more final NIETC designation reports and any required final environmental documents.
The NIETC guidance includes, in Appendix A, a representative timeline for the NIETC designation process based on the public comment periods in the guidance and DOE’s standard two-year NEPA schedule for an environmental impact statement.
Has DOE ever made any final NIETC designations previously?
DOE has not made any final NIETC designations since the authority was granted by Congress in 2005.
Are there more detailed maps available of the potential NIETCs? When will more detailed maps become available?
DOE has publicly released detailed maps of each of the three potential NIETCs moving to Phase 3, including underlying geographic information system data. Note that the geographic boundaries of a NIETC are not final until DOE issues a final NIETC designation report.
How does DOE plan to ensure landowners and communities are aware of potential NIETCs across or near their land with enough time to participate in the process?
Landowners can reach out to DOE at any time at NIETC@hq.doe.gov with any questions. As explained in the NIETC guidance, DOE will also develop a public engagement plan for each potential NIETCs that it is continuing to consider in Phase 3. This plan will provide ample opportunities for comment by potentially impacted communities and landowners. This may include a series of virtual and/or in person public meetings near the proposed action, informal workshops, and dissemination of information via local newspaper and via other public engagement tools, all to ensure that public involvement is incorporated in a meaningful manner. DOE is also open to suggestions from the public at any time about how and where DOE should engage the public for those potential NIETCs that proceed to Phases 3 and 4.
To date, DOE announced Phases 1, 2, and 3 of the NIETC designation process in the Federal Register, via a DOE press release, with Congressional, state-level, and stakeholder organization briefings and notifications, on the DOE website, and through DOE newsletters and social media. DOE has engaged in stakeholder meetings and provided briefings upon request throughout Phases 1 and 2 as well.
How will I hear about any proposed transmission development in my area?
According to FERC, “[y]ou likely will first learn of a project through the State siting process. If you own property that may be affected by the project, you may first hear of it from the applicant as it collects the environmental information or conducts surveys to support State or federal permit applications. Other stakeholders may first hear of a project from discussions with friends and neighbors, at a public meeting held by [FERC] or the applicant in your area, or through the outreach efforts of [FERC’s Office of Public Participation].”
Will DOE use eminent domain authority to take land in a NIETC? What happens if I live in a NIETC after final designation?
NIETC designation does not confer any permits or authorizations to construct a transmission project, nor does designating an area as a NIETC result in any immediate transmission construction, use of eminent domain to acquire land, or impacts to existing land uses without further process. NIETC designation also does not guarantee that a developer within a NIETC will either be eligible to apply for a federal permit nor that the developer will receive a federal permit.
Overall, the federal government’s authority to issue permits and to grant eminent domain authority for transmission projects is limited. DOE does not have this authority. Siting and permitting authority for all transmission facilities, including those located within NIETCs, begins with state and local siting authorities. The Federal Energy Regulatory Commission (FERC) has authority to issue federal permits for transmission facilities located within NIETCs, under Section 216(b) of the FPA, though FERC’s authority is further limited to where a state does not have authority to site a transmission project or a state siting authority has not acted on an application to site a transmission project for over one year or has denied an application.
This means that transmission developers within a NIETC can only apply for a permit from FERC after state and/or local processes, and their ensuing public communication requirements, have been initiated. Once a permit is granted then a court has to allow the exercise of eminent domain.
Is a NIETC the same as a transmission right-of-way?
No, a NIETC is not the same as a transmission right-of-way. Any NIETC designation is expected to be wider than a typical right-of-way and it does not confer any right-of-way authorization or permit to construct a transmission project within the NIETC. Before a right-of-way can be authorized within a designated NIETC for a specific transmission project, a transmission developer must apply for permits from the appropriate authority, whether federal, state, or local, as they would for any transmission project. Transmission developers may obtain rights-of-way pursuant to the relevant permits granted for their specific project within a NIETC the same as if the transmission project were not within a NIETC. For example, this may be through negotiating contracts or easements with landowners.
Why are potential NIETC geographic areas larger than a typical transmission right-of-way?
Congress granted DOE the authority to designate geographic areas as NIETCs, as described in the responses above, where DOE finds that there is inadequate transmission in an area that is harming consumers (e.g., more frequent and longer power outages, high electricity rates). But it is up to market participants, transmission planning entities, state and local authorities, Tribal entities, and potentially FERC to determine the appropriate facilities to address the needs within any given NIETC. Therefore, the potential NIETC geographic areas are often broader than the size of a typical transmission right-of-way to provide flexibility in designing solutions to address the need that DOE has identified. This includes flexibility for transmission projects to respond to land use concerns by rerouting projects as needed for siting and permitting.
I’ve already worked with a transmission developer to negotiate a right-of-way easement on my property. Does NIETC designation undo what I have already agreed to with a transmission developer or otherwise change the scope of what I can and cannot do on my property?
NIETC designation does not impact any existing agreements among landowners and transmission developers within the NIETC. As discussed above, designating an area as a NIETC does not result in any immediate transmission construction, taking of land, or impacts to existing land uses without further process; those further processes are what determine the scope of a right-of-way easement.
After a transmission right-of-way or easement is negotiated or obtained, whether within a NIETC or not, the land can generally continue to be used in a number of ways. As discussed on FERC’s “Electric Transmission Facilities Permit Process” webpage, “[t]he easement document, whether negotiated or obtained via court-ordered eminent domain, will specify any restricted uses on or across the right-of-way and any types of uses for which the transmission line operator’s permission must be sought. Common restrictions for electric transmission rights-of-way include a prohibition on growing trees that may interfere with the electric lines or placing structures within the right-of-way.”
What will be the height, width, and number of electric transmission lines constructed in NIETCs after DOE issues a final designation report?
It is up to market participants, transmission planning entities, state and local authorities, Tribal entities, and potentially FERC to determine the appropriate facilities to address the needs within any given NIETC. There is no particular height, width, or number of lines to reference for a particular NIETC.
What if my property or land that I use contains endangered species, wetlands, or archaeological sites?
During Phase 3 of the NIETC designation process, DOE will consider the presence of endangered species, wetlands, archaeological sites, and other resources within a geographic area prior to designating a NIETC.
When a transmission line is built, what other co-uses are allowed on that land along the transmission path and what co-uses are not allowed?
NIETC designation does not impact allowable co-uses of land. Co-uses for land along transmission rights-of-way is based on state or local restrictions as well as standards implemented to ensure safety and reliability for constructing and operating a transmission project. Generally, there are few restrictions except for the right-of-way itself. Agricultural activities such as farming of crops and cattle ranching are typically allowed on the right-of-way, depending on what is negotiated between the developer and landowner and what is allowed under local regulations. As discussed on FERC’s “Electric Transmission Facilities Permit Process” webpage, “[c]ommon restrictions for electric transmission rights-of-way include a prohibition on growing trees that may interfere with the electric lines or placing structures within the right-of-way.”
Transmission development can also bring benefits, such as connecting and expanding recreational paths, providing economic development opportunities, or hosting high-value conservation measures and ecosystem services, as agreed upon with private landowners and according to state and local regulations.
How is DOE working with transmission developers who are trying to build projects in NIETCs?
As part of DOE’s four-phase NIETC designation process, DOE has solicited information submissions and comments from a wide range of interested parties, including but not limited to transmission developers. One of the specific items that DOE requested is information on transmission projects under development. This information and awareness help DOE understand where a NIETC designation would be useful in helping to meet transmission needs. To be clear, NIETC designation does not constitute selection of nor preference for a specific transmission route or project for DOE funding purposes. Transmission developers within a NIETC may apply for DOE funding opportunities, and DOE will evaluate such applications based on the criteria for those funding opportunities.
What is the name of this program?
The National Interest Electric Transmission Corridor, or “NIETC” for short, pronounced \NIT-see\, designation process.What is a NIETC?
A NIETC is a geographic area where, based on the National Transmission Needs Study (Needs Study) or other relevant information, the Department of Energy (DOE) has identified, in consultation with any appropriate regional entity referred to under Section 215 of the Federal Power Act (FPA), present or expected transmission capacity constraints or congestion that adversely affects consumers, and which has been designated by the Secretary of Energy as a NIETC.
In other words, a NIETC is an area of the country where DOE has determined that a lack of adequate transmission harms consumers and hampers access to reliable and affordable electricity. DOE has the authority to designate priority areas where new transmission infrastructure is urgently needed to advance important national interests, such as increased electric reliability and reduced consumer costs.A NIETC is not a route determination for a particular transmission project, nor is it a broad geographic area covering large swaths of regions. Rather, a NIETC is linear in nature, drawn such that development of one or more transmission projects could proceed entirely within the geographic boundaries of the NIETC.
DOE is authorized to designate NIETCs under Section 216(a) of the FPA.
How are NIETCs identified and designated?
Pursuant to Section 216(a) of the FPA, DOE has the authority to designate as a NIETC any geographic area that (1) is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers, or (2) is expected to experience such energy transmission capacity constraints or congestion. DOE may make the requisite findings based on its triennial Needs Study (which DOE is required to conduct also pursuant to Section 216(a) of the FPA), or other relevant information on transmission capacity constraints and congestion.In other words, DOE can designate geographic areas where one or more transmission lines may be needed to address harm to consumers, such as high costs or unreliable electricity.
DOE plans to identify and designate one or more NIETCs via a new, four-phase process that is outlined in the final Guidance Document published on December 19, 2023. This follows the issuance of the 2023 Needs Study.
What are “energy transmission capacity constraints or congestion”?
Transmission capacity constraints are limits on the amount of electricity that can flow across a transmission line, including limits that reduce reliability, the ability to transfer electricity between regions, and the ability to deliver lower-cost electricity where it is needed.Transmission congestion refers to the economic impacts on consumers that result from physical limits on the amount of electricity that can safely and reliably flow across a transmission line.
For more explanation of these terms, see the final Guidance Document on NIETC designation and the 2023 Needs Study.
What does “adversely affects consumers” mean?
Transmission capacity constraints and congestion can adversely impact consumers primarily through increased costs and poor grid reliability.Transmission constraints and congestion can increase the cost of electricity, meaning that consumers pay more than they need to for energy. Transmission constraints and congestion can also harm grid reliability, meaning that consumers might go without power, particularly during severe weather events.
However, DOE does not attempt to define the bounds of “adverse effects” on consumers that may warrant NIETC designation. Rather, DOE recognizes that such effects are not limited to economic impacts nor to a certain time horizon.
What is a “narrow geographic area”?
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By “narrow geographic area,” DOE means a geographic area that is narrow enough for DOE to identify key stakeholders and to meaningfully evaluate the potential impacts of NIETC designation on environmental, cultural, and Tribal resources within the geographic area. DOE intends for these geographic areas to be of sufficient size to allow for market participants, transmission planning entities, state and local authorities, Tribal entities, and potentially the Federal Energy Regulatory Commission (FERC) to determine the appropriate facilities to address the transmission capacity constraints or congestion within the geographic area.
DOE will not determine a route for a particular transmission project; rather the land area will be big enough that one or more transmission projects could proceed entirely within the geographic boundaries of the NIETC.
How can DOE use NIETC designation to facilitate transmission development where it is urgently needed?
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NIETC designation unlocks key federal financing and permitting tools for transmission projects located within a NIETC, which can facilitate transmission development where it is urgently needed.
On the federal financing side, developers of transmission projects located within NIETCs may be eligible to apply for funding via public-private partnerships under the Transmission Facilitation Program (TFP) and may be eligible to apply for direct loans via the Transmission Facility Financing (TFF) program.
On the federal permitting side, NIETC designation triggers FERC’s authority, under Section 216(b) of the FPA, as amended by BIL, to issue permits for the construction or modification of electric transmission facilities in NIETCs in certain circumstances. At a high level, FERC may grant permits within a NIETC where a state does not have authority to site a transmission line or a state siting authority has not acted on an application to site a transmission line for over one year or has denied an application. This includes granting the transmission developer the ability to obtain rights-of-way by exercising the right of eminent domain.
How does a NIETC designation impact the permitting process and timelines?
DOE does not issue permits for transmission facilities located within NIETCs. That authority remains with state and local siting authorities and, in certain circumstances, the Federal Energy Regulatory Commission (FERC) has authority to issue federal permits for transmission facilities located within NIETCs. DOE does have authority to coordinate federal authorizations under section 216(h) of the Federal Power Act where a transmission developer for a transmission facility located within a NIETC is not seeking a federal permit from FERC. Environmental documents based on the narrower geographic areas that DOE is targeting for NIETC designation will be more useful for federal and state permitting agencies, thereby eliminating or reducing the need for further review. In addition, the process outlined in the guidance allows DOE to use best available information in conducting its environmental review. Employing more accurate and comprehensive environmental information—gathered via DOE efforts combined with voluntary information submissions from any interested party—will lead to a more efficient determination for NIETC designation but also to improved opportunities for tiering or building on DOE’s environmental document by other federal and state permitting agencies to reduce duplication and bring more efficiency to the siting and permitting process.How many NIETCs does DOE intend to designate?
There is no predetermined number of NIETCs that DOE intends to designate. Section 216(a) of the FPA requires DOE to issue a report, not less frequently than once every 3 years, which may designate a NIETC. DOE intends to independently review all available information and proceed through the NIETC designation process consistent with the goals to maximize efficiency and effectiveness for all involved.Is DOE selecting specific transmission projects through NIETC designation?
No. Designation of a NIETC does not constitute selection of or a preference for a specific transmission project for DOE financial purposes. Developers of transmission facilities within a NIETC may apply for DOE funding opportunities and DOE will evaluate such applications based on the criteria for those funding opportunities.How does this relate to the Coordinated Interagency Transmission Authorization and Permits (CITAP) Program?
Under Section 216(h) of the FPA, DOE is authorized to coordinate all Federal authorizations and environmental reviews (i.e., National Environmental Policy Act, or NEPA) for certain transmission projects to ensure timely and efficient review and decision-making. Through the CITAP Program (Section 216(h) of the Federal Power Act (FPA)), DOE will serve in a coordination capacity across the Federal government to set and maintain a schedule for environmental review of permits and authorizations for transmission projects within two years of the publication of a Notice of Intent (NOI) to prepare an environmental review document.Although both the NIETC designation authority and the CITAP Program are founded in FPA Section 216, they are distinct. Importantly, DOE delegated its authority under FPA Section 216(h) to FERC for transmission projects located within NIETCs that qualify for coordination under Section 216(h) but which also seek a federal permit from FERC under Section 216(b). To the extent a transmission project within a NIETC qualifies for coordination under Section 216(h) and does not seek a federal permit from FERC under Section 216(b), DOE retains its authority.
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