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| DOE/ENDEP | RIN: 1901-AB62 | Publication ID: Fall 2023 |
| Title: Coordination of Federal Authorizations for Electric Transmission Facilities | |
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Abstract:
This rulemaking proposes to provide an updated process for the timely submission of information needed for Federal authorizations for proposed electric transmission facilities pursuant to section 216(h) of the Federal Power Act (FPA) (16 U.S.C. 824p(h)). It seeks to ensure electric transmission projects are developed consistent with the nation’s environmental laws, including laws that protect endangered and threatened species, critical habitats, and historic properties. It provides a framework, called the Integrated Interagency Pre-Application (IIP) Process, by which the U.S. Department of Energy (DOE) will coordinate submission of materials necessary for federal authorizations and related environmental reviews required under Federal law to site qualified electric transmission facilities, and integrates that IIP Process into the Federal Electric Transmission Authorization Coordination Program. |
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| Agency: Department of Energy(DOE) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 10 CFR part 900 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
| Legal Authority: 16 U.S.C. 824p(h) | |
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Legal Deadline:
None |
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Statement of Need: To address capacity constraints and congestion on the nation’s electric transmission grid, DOE is amending 10 CFR part 900 to establish a Coordinated Interagency Transmission Authorizations and Permits Program (CITAP Program) to reduce the time required for transmission project developers to receive decisions on Federal authorizations for interstate transmission projects. |
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Summary of the Legal Basis: The Energy Policy Act of 2005 (Pub. L. 109-58) (EPAct) established a national policy to enhance coordination and communication among Federal agencies with authority to site electric transmission facilities. Section 1221(a) of EPAct added a new section 216 to part II of the Federal Power Act (16 U.S.C. 824p) (FPA), which sets forth provisions relevant to the siting of interstate electric transmission facilities. Section 216(h) of the FPA(16 U.S.C. 824p(h)), Coordination of Federal Authorizations for Transmission Facilities, requires the DOE to coordinate all Federal authorizations and related environmental reviews needed for siting interstate electric transmission projects, including National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended, 42 U.S.C. 4321 et seq.) (NEPA) reviews. In response to the investments made in clean energy by the infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58) and the Inflation Reduction Act (IRA) (Pub. L. 117-169), DOE is proposing to amend its section 216(h) implementing regulations, found in 10 CFR part 900, to implement this authority and better coordinate review of Federal authorizations to expediently increase interstate electric transmission infrastructure. |
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Alternatives: The U.S. Department of Agriculture, Department of Commerce, Department of Defense, Department of Energy, the Environmental Protection Agency, the Council on Environmental Quality, the Federal Permitting Improvement Steering Council, Department of the Interior, and the Office of Management and Budget Regarding Facilitating Federal Authorizations for Electric Transmission Facilities entered into a Memorandum of Understanding, executed May 2023, to expedite the siting, permitting, and construction of electric transmission infrastructure in the United States under section 216(h) of the Federal Power Act (FPA), 16 U.S.C. 824p(h), as enacted by section 1221(a) of the Energy Policy Act of 2005, as such, alternatives were not considered. |
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Anticipated Costs and Benefits: The societal costs of the action are the direct costs incurred by project proponents during the IIP Process. Most of the information required to be submitted during the IIP Process would likely be required absent this proposal and therefore the investment of time and resources required by this proposed process are unlikely to be an additional burden on respondents. However, the full costs are considered for transparency. These costs of $399,083 per year are detailed in the Paperwork Reduction Act burden analysis. The 10-year and 20-year net present value of those annual costs, assuming 2% annual inflation, are $3.8 million and 7.2 million under a 3% discount rate, and $3.1 million and 5.0 million under a 7% discount rate. The benefits of the CITAP Program, designed to reduce the Federal authorization timelines for interstate electric transmission facilities and enable more rapid deployment of transmission infrastructure, include direct benefits to the project proponents in decreased time and expenditure on authorizations and a series of indirect social benefits. Increasing the current pace of transmission infrastructure deployment will generate benefits to the public in multiple ways that can be categorized into grid operations, system planning, and non-market benefits. Grid operation benefits include a reduction in the congestion costs for generating and delivering energy; mitigation of weather and variable generation uncertainty enhanced diversity of supply, which increases market competition and reduces the need for regional backup power options; and increased market liquidity and competition. From a system planning standpoint, accelerated transmission investments will allow the development of new, low-cost power plants in areas of high congestion which might not otherwise see investment due to capacity constraints, and additional grid hardening or resilience. Finally, non-market benefits to the public include reduced costs for meeting public policy goals related to emissions and equitable energy access, as well as emissions reductions system wide. |
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Risks: Optional field - no response. |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Undetermined |
| Federalism: No | |
| Included in the Regulatory Plan: Yes | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Gabriel Daly Department of Energy 1000 Independence Avenue SW, Washington, DC 20585 Phone:240 597-6973 Email: gabriel.daly@hq.doe.gov |
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