Executive Order 8202, issued by President Roosevelt in 1939, prohibited anyone from constructing or operating electric transmission facilities at the U.S. international border without first receiving a permit from the President.
On October 21, 1980, the Department of Energy (DOE) issued regulations implementing its authority under E.O. 12038 and section 202(e) of the Federal Power Act (FPA) (45 FR 71558) and in the Code of Federal Regulations at 10 CFR Part 205.320-329. Additional regulations that shift some costs from the government to the applicant were published in the July 25, 1983 issue of the Federal Register (48 FR 33816). On September 12, 2025, a Direct Final Rule rescinding the regulations codified in 10 CFR 205.320-329 (90 FR 20753) went into effect.
Before a Presidential permit may be issued, the action must be found to be consistent with the public interest and DOE must receive favorable recommendations from the U.S. Department of State and U.S. Department of War (formerly Defense). To determine if a proposed project is consistent with the public interest, DOE considers the effect that the proposed project would have on the operating reliability of the U.S. electric power supply system, i.e., the ability of the existing generation and transmission system to remain within acceptable voltage, loading, and stability limits during normal and emergency conditions.
The time required to process an application for a Presidential permit is usually determined by the complexity of a proposal for an international electric transmission line project.
The Grid Deployment Office (GDO), the program office which currently administers the Presidential Permits program, is currently developing guidance that will be published outside of the Code of Federal Regulations to assist prospective Presidential Permit applicants.
Application Submission
DOE encourages prospective applicants for a Presidential Permit to schedule a pre-filling meeting with GDO. Meeting requests can be made by contacting electricity.exports@hq.doe.gov.
Please note that electricity.exports@hq.doe.gov is a monitored inbox and responses should generally be expected within [7] business days. Please allow [14] business days prior to contact GDO with requests for status updates.
Permitting Status
Questions concerning current applications can be directed to the GDO at electricity.exports@hq.doe.gov. Copies of current applications are available on request.