Executive Order 12038 states that, before a Presidential permit may be issued, the action must be found to be consistent with the public interest. DOE typically uses the following criteria to determine if a proposed project is consistent with the public interest:

  1. Impact on Electric Reliability - 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 standards DOE applies include the standards of the North American Electric Reliability Council (NERC) and the standards of the member regional councils that are formulated by the utilities themselves.
  2. Environmental Impact - DOE determines whether or not there are potential environmental consequences associated with issuing or denying a Presidential permit for a proposed international border crossing location.

E.O. 12038 also requires DOE to obtain favorable recommendations from the Secretary of State and the Secretary of Defense before a permit may be issued.

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.

Presidential Permit Application Process:

  • STEP ONE: Contact the Grid Deployment Office at electricity.exports@hq.doe.gov to begin the process.
    • Before submitting an application, review DOE’s regulations for Presidential Permits at 10 CFR 205.320 and meet with DOE to discuss the project, its purpose, and activities thus far. This meeting can significantly reduce processing time, the need for additional materials, and duplication of efforts.
    • If you have already been in contact with other agencies, DOE will meet with them to coordinate and prevent duplication of requests and activities.
    • During this process, DOE will provide assistance and guidance to complete the application.
    • You are encouraged to contact each affected State public utility regulatory agency to discuss the scope of the proposed project to facilitate the Presidential Permit application.
  • STEP TWO: Complete the application:
    • An application must include:
      • Technical description
      • Proposed interconnection considerations
      • System map
      • Bulk power supply facility details if necessary
      • Environmental impacts such as historic places, right-of-way details, wildlife or plant impacts
  • DOE encourages electronic submissions of application for Presidential Permits. Submit your application to the Grid Deployment Office at electricity.exports@hq.doe.gov.
  • Every application should be accompanied by proof of payment of the applicable filing fee. Filing fees are currently $150 for Presidential Permits (10 CFR 205.326). Filing fees can be paid by check, draft, or money order payable to the Treasurer of the United States or electronically to DOE's General Collections via pay.gov (Pay.gov - U.S. Department of Energy General Collections).
  • 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 contacting GDO with requests for status updates.
  • DOE will review the application, determine the appropriate level of review under the National Environmental Policy Act, and coordinate schedule and approach with the applicant.
  • STEP THREE: Public Comment:
    • DOE will publish a Federal Register Notice of Application which will be open for comment from the public for 30 days.
    • Any comments received will be posted to the public web site.
  • STEP FOUR: Once all environmental documents and electricity reliability studies are submitted, DOE will:
    • Review the Draft Permit for any additional relevant information or modifications.
    • Incorporate results of the NEPA analysis.
    • Incorporate any comments made during the request for comment period.
    • Contact the Department of State and the Department of Defense to request a favorable recommendation.
    • Upon approval, publicly post the Permit and deliver to the applicant.

Questions concerning current applications can be directed to the Grid Deployment Office at electricity.exports@hq.doe.gov. Copies of current applications are available on request.