The siting and permitting of interstate and inter-regional high-voltage transmission typically requires action by many different authorities governing the federal, state, local, tribal, and private lands that facilities will pass through. Projects involving multiple agencies are subject to a wide array of processes and procedural requirements for compliance with legal mandates and multiple authorizations. The time required to meet these legal mandates can be reduced through effective planning processes that take advantage of existing rights-of-way.
But where such rights-of-way are not available, siting and permitting processes can significantly slow development and should be conducted efficiently, with clear expectations and predictable timelines and processes. This should occur without sacrificing critical analysis, protection of environmental, cultural, and other important values, or robust public engagement.
DOE intends to coordinate with states, tribes, and federal permitting agencies to help facilitate the siting and permitting process, including through consideration of the following actions:
Federal Permitting Coordination
The Energy Policy Act of 2005 (EPAct) declares it a national policy to enhance and, to the extent possible, increase the coordination and communication among Federal agencies with authority to site electric transmission facilities. Section 1221(a) of EPAct of 2005 added a new section to the Federal Power Act—entitled section 216(h), “Coordination of Federal Authorizations for Transmission Facilities”—which directs the U.S. Department of Energy (DOE) to serve as the Lead Agency for coordinating all Federal authorizations and related environment reviews needed for siting interstate electric transmission projects. In addition, on May 4, 2023, the DOE and eight other Federal agencies finalized a Memorandum of Understanding (MOU) to further improve Federal coordination of environmental reviews and authorizations for electric transmission projects. On August 10, 2023, the DOE proposed a rule to establish the Coordinated Interagency Transmission Authorizations and Permits (CITAP) Program to accelerate Federal environmental review and permitting processes for qualifying onshore electric transmission facilities.
On April 25, 2024, the DOE announced a final transmission permitting reform rule and a new commitment aimed at adding more than 2,000 megawatts (MW) of additional grid capacity throughout the Western United States – the equivalent to powering 2.5 million homes and creating more than 300 new, high quality and union construction jobs. By improving Federal transmission permitting processes and investing in transmission build out and grid upgrades, DOE is deploying a multifaceted approach to ensuring that Americans have clean, reliable, and affordable power when and where they need it.
Permitting and Siting Assistance
On August 29, 2023, the U.S. Department of Energy announced a funding opportunity of up to $300 million in grants to accelerate and strengthen electric transmission siting and permitting processes. The Transmission Siting and Economic Development (TSED) grant program is a new initiative designed to overcome state and local challenges to expanding transmission capacity while also supporting communities along major new and upgraded lines.
Public-Private Partnership Projects
The Bipartisan Infrastructure Law includes authority for the Secretary to enter into public-private partnerships for the development of transmission facilities. The Administrators of two of DOE’s Power Marketing Authorities, Southwestern Power Administration (SWPA) and Western Area Power Administration (WAPA), similarly have authority to enter into public private-partnerships for the development of transmission facilities specifically in their jurisdictions. In this way DOE can help facilitate transmission development in areas where state or local permitting requirements would otherwise make a project difficult or impossible to complete.
Designation of National Interest Electric Transmission Corridors (NIETCs)
To expedite and streamline the permitting and siting of electric transmission infrastructure, the Federal Power Act authorizes the Secretary of Energy to designate any geographic area, such as a route, as a National Interest Electric Transmission Corridor (NIETC) if the Secretary finds that consumers are harmed by a lack of transmission in the area and that the development of new transmission would advance important national interests in that area, such as increased reliability and reduced consumer costs.
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.
On December 19, 2023, the Grid Deployment Office released final guidance for the NIETC designation process and opened the first window for public submission of information and recommendations on NIETC designation.
Federal International Electricity Program
U.S. trade in electric energy with Canada and Mexico is rising, bringing economic and reliability benefits to the United States and its trading partners. The Grid Deployment Office is responsible for authorizing exports of electric energy and issuing Presidential permits for the construction, operation, maintenance, and connection of electric transmission facilities at the international border.