[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Rules and Regulations]
[Pages 54456-54460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21866]
[[Page 54455]]
-----------------------------------------------------------------------
Part II
Department of Energy
-----------------------------------------------------------------------
10 CFR Part 900
Coordination of Federal Authorizations for Electric Transmission
Facilities; Interim Final Rule and Proposed Rule
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 /
Rules and Regulations
[[Page 54456]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 900
RIN 1901-AB18
Coordination of Federal Authorizations for Electric Transmission
Facilities
AGENCY: Office of Electricity Delivery and Energy Reliability,
Department of Energy.
ACTION: Interim final rule and request for comment.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 216(h) of the Federal Power Act, the
Department of Energy (DOE) is establishing procedures under which
entities may request that DOE coordinate Federal authorizations for the
siting of interstate electric transmission facilities. In today's
Federal Register, DOE proposes several additional provisions that may
be added to this part after consideration of public comments.
DATES: Effective Date: This interim final rule is effective October 20,
2008. Comment Date: Written comments must be received by October 20,
2008.
ADDRESSES: You may submit written comments, identified by RIN 1901-
AB18, by any of the following methods:
1. E-mail to [email protected]. Include RIN 1901-AB18 and
``Interim Final Rule Comments'' in the subject line of the e-mail.
Please include the full body of your comments in the text of the
message or an attachment.
2. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
3. Mail: Address the comments to Mr. John Schnagl, Office of
Electricity Delivery and Energy Reliability (OE-20), U.S. Department of
Energy, 1000 Independence Avenue, SW., Washington, DC 20585. Due to
potential delays in the Department's receipt and processing of mail
sent through the U.S. Postal Service, we encourage commenters to submit
comments electronically to ensure timely receipt.
FOR FURTHER INFORMATION CONTACT: Mr. John Schnagl, Office of
Electricity Delivery and Energy Reliability (OE-20), U.S. Department of
Energy, 1000 Independence Avenue, SW., Washington DC 20585; Phone (202)
586-1056; e-mail [email protected] or Lot Cooke, Attorney
Advisor, U.S. Department of Energy, Office of the General Counsel (GC-
76), 1000 Independence Avenue, SW., Washington, DC 20585; Phone (202)
586-0503; e-mail [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Interim Final Rule
III. Interim Final Rulemaking
IV. Regulatory Review
V. Approval of the Office of Secretary
I. Background
Section 1221(a) of the Energy Policy Act of 2005 (Pub. L. 109-58)
added a new section 216 to the Federal Power Act (FPA) (16 U.S.C. 791-
828c) which deals with the siting of interstate electric transmission
facilities. Section 216(h) of the FPA, as amended (16 U.S.C. 824p(h)),
which is titled ``Coordination of Federal Authorizations for
Transmission Facilities,'' provides for DOE to be the lead agency for
purposes of coordinating all applicable Federal authorizations for the
siting of interstate electric transmission facilities and related
environmental reviews. This interim final rule establishes the
procedures DOE will use in carrying out its responsibilities under
section 216(h). In a notice of proposed rulemaking published in today's
Federal Register, DOE proposes rule provisions for public comment that
address: (1) The establishment of prompt and binding intermediate
milestones and ultimate deadlines for the review of, and Federal
authorization decisions relating to, proposed electric transmission
facilities under section 216(h)(4)(A) of the FPA; (2) the Secretary of
Energy's determination under section 216(h)(4)(B) that all necessary
data has been submitted by an applicant, after which all permit
decisions and related environmental reviews under Federal laws must be
completed within one year, or as soon thereafter as practicable in
compliance with Federal law; and (3) the requirement that DOE be
informed by the permitting entities of authorization requests required
under Federal law in order to site significant facilities used for the
transmission of electricity in interstate commerce for the sale of
electric energy at wholesale.
Section 216(h) of the FPA provides an entity seeking permits,
special use authorizations, certifications, opinions, or other
approvals required under Federal law in order to site an electric
transmission facility with a coordinated Federal consideration process
and, thus, avoid duplicative separate review processes by various
Federal entities. In addition to providing for the coordination of
Federal transmission siting determinations, section 216(h) also
provides that, to the maximum extent practicable under applicable
Federal law, Indian tribes, multistate entities, and State agencies
that have their own separate permitting and environmental reviews can
participate in the Federal coordination process if they so choose.
To facilitate the coordination of the Federal review process
provided for in section 216(h) of the FPA, on August 8, 2006, various
Federal agencies with permitting or other Federal authorization
responsibility for the siting of electric transmission facilities
entered into a Memorandum of Understanding on Early Coordination of
Federal Authorization and Related Environmental Reviews Required in
Order to Site Electric Transmission Facilities (MOU). The signatories
to the MOU are DOE, the Departments of Defense, Agriculture, the
Interior, and Commerce, the Federal Energy Regulatory Commission
(FERC), the Environmental Protection Agency, the Counsel on
Environmental Quality (CEQ), and the Advisory Council on Historic
Preservation.\1\ The MOU and these regulations, as explained herein,
are the principal instruments DOE will employ for Federal
intergovernmental coordination of electric transmission facilities
permitting requests under section 216(h) of the FPA.
---------------------------------------------------------------------------
\1\ The MOU is posted at http://www.oe.energy.gov/668.htm.
---------------------------------------------------------------------------
II. Discussion of Interim Final Rule
A. General
In deciding how to proceed procedurally in implementing its
authority under section 216(h), DOE reached certain conclusions based
on its understanding of the purpose of the statute. First, under FPA
section 216(h), DOE is to ``act as the lead agency for purposes of
coordinating all applicable Federal authorizations and related
environmental reviews'' (emphasis added). DOE interprets the term
``lead agency'' as used in FPA section 216(h) as making the Department
responsible for being the lead coordinating agency for environmental
reviews, not the lead agency for preparing the environmental review
under the National Environmental Policy Act (NEPA). In instances that
the Department has a permitting role in siting an electric transmission
facility, DOE may be the lead agency for preparing the environmental
review document, but in general DOE and the permitting entities
responsible for issuing Federal authorizations will jointly determine
the appropriate permitting entity to be the lead agency for preparing
NEPA compliance documents in accordance with existing CEQ regulations
(40 CFR 1501.5).
Second, it is DOE's view that section 216(h) is intended to give an
applicant seeking more than one Federal
[[Page 54457]]
authorization for the construction or modification of electric
transmission facilities access to a process under which all Federal
reviews are made in a coordinated manner. With this in mind, DOE has
determined that its coordination of Federal authorizations would be
most beneficial as a request driven process. We do not believe Congress
intended to impose DOE coordination on applicants who are satisfied
with existing processes for obtaining the necessary Federal
authorizations. If an applicant for Federal authorizations is familiar
with existing Federal processes and is comfortable in proceeding under
them, a requirement of DOE coordination is not only unnecessary, it
would involve additional steps that could make the Federal review
process more, rather than less, cumbersome and time-consuming. By
establishing a request driven process, DOE provides coordination only
in circumstances where the applicant for Federal authorizations
determines that it will be beneficial for DOE to perform that role. In
addition, DOE expects that permitting entities will coordinate
applicable Federal authorizations and related environmental reviews
even in instances where no coordination request has been received by
DOE, and, as provided in section 216(h)(2) of the FPA DOE will be
prepared to intercede if it determines that such coordination is not
taking place.
B. Rule Provisions
Section 900.1 states the purpose of these regulations, which is to
provide a process for the timely coordination of Federal authorizations
for proposed transmission facilities pursuant to FPA section 216(h).
Section 900.2 of the interim final rule (``Applicability'')
pertains to when DOE will consider a request for coordination of
Federal authorizations. It provides that requests for coordination of
Federal authorizations will be accepted by DOE only for facilities that
are used for the transmission of electric energy in interstate commerce
for the sale of electric energy at wholesale. This limitation of the
applicability of the regulations is consistent with the intent of
section 216 of the FPA, which is titled ``Siting of Interstate Electric
Transmission Facilities,'' and adheres to the definition of
transmission facilities used by FERC in Order No. 689 (regulations
regarding application for permits to site electric transmission
facilities issued under section 216 of the FPA).\2\
---------------------------------------------------------------------------
\2\ Establishing Regulations for Filing Applications for Permits
to Site Interstate Electric Transmission Facilities, Order No. 689,
71 FR 69440 (December 1, 2006), FERC Stats. & Regs. ] 31,234.
---------------------------------------------------------------------------
Further, requests for coordination of Federal authorizations for
electric transmission facilities located within the Electric
Reliability Council of Texas (ERCOT) interconnection will not be
accepted because section 216(k) of the FPA states that section 216 of
the FPA shall not apply within the ERCOT area (16 U.S.C. 824p(k)).
Finally, section 900.2 provides that DOE will not accept requests
for coordination of Federal authorizations from requesters that have
submitted an application to FERC for issuance of a permit for
construction or modification of a transmission facility, or have
initiated pre-filing procedures, under section 216(b) of the FPA (16
U.S.C. 824p(b)). In those circumstances, DOE has delegated its section
216(h) coordination authority to FERC \3\ and, in Order No. 689, FERC
adopted regulations setting forth the procedures it will follow in such
circumstances.
---------------------------------------------------------------------------
\3\ Department of Energy Delegation Order No. 00-004-00A,
section 1.22, issued May 16, 2006.
---------------------------------------------------------------------------
Section 900.3 provides definitions applicable to these regulations.
Section 900.4, which is titled ``Pre-application mechanism,''
implements section 216(h)(4)(C) of the FPA. That section directs DOE to
provide ``an expeditious pre-application mechanism for prospective
applicants to confer with the agencies involved to have each agency
determine and communicate to the prospective applicant not later than
60 days after the prospective applicant submits a request for such
information concerning--(i) the likelihood of approval for a potential
facility, and (ii) key issues of concern to the agencies and public''
(16 U.S.C. 824p(h)(4)(C)). The procedures in section 900.4 complement
those set forth in section III (B) of the MOU. The Department expects
that the permitting agencies will supply information under section
216(h)(4)(C) in a manner consistent with existing laws. DOE views the
section 900.4 pre-application mechanism as a discrete process, distinct
from the process under section 900.5 of the interim final rule, or any
other agency's pre-application process, and which provides details on
the manner in which an applicant for a Federal authorization for an
electric transmission facility can request DOE coordination of the
Federal review process.
Once a request for coordination under section 900.5 of the interim
final rule has been received by DOE, DOE will contact the permitting
entities (defined in section 900.3 of the interim final rule as ``any
Federal or non-Federal entity that is responsible for issuing separate
Federal authorizations for a transmission facility'') in order to
coordinate their applicable Federal authorizations and environmental
reviews relating to the proposed transmission facility. In addition,
DOE will contact all Indian tribes, multistate entities, and State
agencies that have their own separate non-Federal permitting and
environmental reviews that have been identified by the requester under
section 900.5(b)(4) of the interim final rule, to provide them the
opportunity to participate in the coordination effort. For purposes of
this rule, the term Indian tribes has the same meaning as provided in
25 U.S.C. 450b(e). Pursuant to the terms of the MOU, DOE will request
permitting entities to provide DOE with the names, titles, telephone
numbers, e-mail addresses, and other pertinent contact information for
agency personnel who will be responsible for considering and issuing
the Federal authorizations being sought by the requester from the
permitting entities.
DOE and the permitting entities responsible for issuing Federal
authorizations will, consistent with CEQ regulations, jointly determine
the appropriate permitting entity to be the lead agency for preparing
NEPA compliance documents and all other analyses required to comply
with all environmental and cultural statutes and regulations under
Federal law. Where relevant, and in accordance with the MOU, the U.S.
Army Corps of Engineers shall be considered a participating agency.
Indian tribes, multistate entities, and State agencies that have their
own separate non-Federal permitting and environmental reviews may elect
to participate in this coordination process.
DOE shall establish and maintain, to the extent practicable and in
compliance with Federal law, a single location to store and display the
information utilized by the permitting entities as the basis for their
decisions on the proposed project under Federal law, including all
environmental, cultural and historic preservation statutes and
regulations. FERC's eLibrary is an example of such a source. This
information shall be available to the applicant, all permitting
entities, DOE, and all Indian tribes, multistate entities, and State
agencies that have their own separate non-Federal permitting and
environmental reviews. This information shall comprise a single
environmental review document to be used as the basis for all Federal
[[Page 54458]]
authorizations pertaining to the proposed transmission facility.
In coordinating the preparation of a single environmental review
document, DOE will rely upon the permitting entities, as appropriate,
to ensure compliance with all applicable requirements of Federal law.
The single environmental review document shall be available to all
permitting entities for issuing their individual decisions in order to
ensure that each permitting entity's environmental review is in
compliance with the statutory mandates and regulatory requirements
applicable to action by that permitting entity.
Pursuant to section 216(h)(8)(A)(i) of the FPA (16 U.S.C.
824p(h)(8)(A)(i)), based on information filed by the requester under
this part, DOE will make a determination on the length of the
anticipated use of the proposed electric transmission facility and
advise all permitting entities of that determination prior to the close
of the public comment period for the draft of the NEPA compliance
documents.
III. Interim Final Rulemaking
This rule establishes procedures for the coordination of Federal
authorizations for the siting of interstate electric transmission
facilities. The Administrative Procedure Act exempts rules of agency
procedure from its provisions requiring notice and opportunity for
comment before issuance of rules (5 U.S.C. 553(b)(A)). DOE, however, is
publishing an interim rule that provides a public comment opportunity.
IV. Regulatory Review
A. Review Under Executive Order 12866
Today's regulatory action has been determined to be a ``significant
regulatory action'' under Executive Order 12866, ``Regulatory Planning
and Review,'' 58 FR 51735 (October 4, 1993). Accordingly, this action
was subject to review under that Executive Order by the Office of
Information and Regulatory Affairs of the Office of Management and
Budget (OMB).
B. Review Under the National Environmental Policy Act
DOE has concluded that promulgation of these regulations falls into
the class of actions that does not individually or cumulatively have a
significant impact on the human environment as set forth in DOE's
regulations implementing the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). Specifically, the rule is covered under the
categorical exclusion in paragraph A6 of Appendix A to subpart D, 10
CFR part 1021, which applies to rulemakings that are strictly
procedural. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that
an agency prepare an initial regulatory flexibility analysis for any
regulation for which a general notice of proposed rulemaking is
required, unless the agency certifies that the rule, if promulgated,
will not have a significant economic impact on a substantial number of
small entities (5 U.S.C. 605(b)). This rule establishes procedures for
DOE coordination of Federal authorizations for the siting of interstate
electric transmission facilities and, therefore, a general notice of
proposed rulemaking is not required. Accordingly, the Regulatory
Flexibility Act requirements do not apply.
D. Review Under the Paperwork Reduction Act
This rulemaking would impose no new information or recordkeeping
requirements. Accordingly, Office of Management and Budget clearance is
not required under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
E. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written assessment of the
effects of any Federal mandate in a proposed or final agency regulation
that may result in the expenditure by States, tribal or local
governments, in the aggregate, or by the private sector, of $100
million in any one year. The Act also requires a Federal agency to
develop an effective process to permit timely input by elected
officials of State, tribal or local governments on a proposed
significant intergovernmental mandate, and requires an agency plan for
giving notice and opportunity to provide timely input to potentially
affected small governments before establishing any requirements that
might significantly or uniquely affect small governments. DOE has
determined that the interim final rule published today does not contain
any Federal mandates affecting States, tribal, or local governments, or
the private sector, so these requirements do not apply.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform'' (61 FR 4779, February 7, 1996) imposes on
Federal agencies the general duty to adhere to the following
requirements: eliminate drafting errors and needless ambiguity, write
regulations to minimize litigation, provide a clear legal standard for
affected conduct rather than a general standard, and promote
simplification and burden reduction. Section 3(b) requires Federal
agencies to make every reasonable effort to ensure that a regulation,
among other things: clearly specifies the preemptive effect, if any,
adequately defines key terms, and addresses other important issues
affecting the clarity and general draftsmanship under guidelines issued
by the Attorney General. Section 3(c) of Executive Order 12988 requires
executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this interim final rule meets the relevant standards
of Executive Order 12988.
G. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999) imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. DOE has examined this interim final
rule and has determined that it would not preempt State law and would
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibility among the various levels of government. No
further action is required by the executive order.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a
``Family Policymaking Assessment'' for any rule
[[Page 54459]]
that may affect family well-being. This rule has no impact on the
autonomy or integrity of the family as an institution. Accordingly, DOE
has concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy, Supply, Distribution, or Use,'' 66 FR
28355 (May 22, 2001) requires preparation and submission to OMB of a
Statement of Energy Effects for significant regulatory actions under
Executive Order 12866 that are likely to have a significant adverse
effect on the supply, distribution, or use of energy. DOE has
determined that the interim final rule published today does not have a
significant adverse effect on the supply, distribution, or use of
energy and, thus, the requirement to prepare a Statement of Energy
Effects does not apply.
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most dissemination of
information to the public under guidelines established by each agency
pursuant to general guidelines issued by OMB. OMB's guidelines were
published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were
published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed today's
interim final rule under the OMB and DOE guidelines and has concluded
that it is consistent with applicable policies in those guidelines.
K. Congressional Notification
As required by 5 U.S.C. 801, DOE will submit to Congress a report
regarding the issuance of today's interim final rule prior to the
effective date set forth at the outset of this rulemaking. The report
will state that it has been determined that the rule is not a ``major
rule'' as defined by 5 U.S.C. 801(2).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this interim
final rule.
List of Subjects in 10 CFR Part 900
Electric power, Electric utilities, Energy, Reporting and
recordkeeping requirements.
Issued in Washington, DC, on September 12, 2008.
Kevin M. Kolevar,
Assistant Secretary, Office of Electricity Delivery and Energy
Reliability.
0
For the reasons set forth in the preamble, the Department of Energy
amends chapter II of title 10 of the Code of Federal Regulations by
adding a new part 900 as set forth below.
PART 900--COORDINATION OF FEDERAL AUTHORIZATIONS FOR ELECTRIC
TRANSMISSION FACILITIES
Sec.
900.1 Purpose.
900.2 Applicability.
900.3 Definitions.
900.4 Pre-application mechanism.
900.5 Request for coordination.
900.6 Coordination of permitting and related environmental reviews.
Authority: 16 U.S.C. 824p(h).
Sec. 900.1 Purpose.
This part provides a process for the timely coordination of Federal
authorizations for proposed transmission facilities pursuant to section
216(h) of the Federal Power Act (FPA). The regulations provide for the
compilation of a single environmental review document in order to
coordinate all permitting and environmental reviews required to be
issued under Federal law. They also provide an opportunity for non-
Federal entities to coordinate their own separate non-Federal
permitting and environmental reviews with that of the permitting
entities.
Sec. 900.2 Applicability.
(a) DOE accepts requests for coordination of Federal authorizations
under this part only for facilities that are used for the transmission
of electric energy in interstate commerce for the sale of electric
energy at wholesale.
(b) DOE does not accept requests for coordination under this part
of Federal authorizations for electric transmission facilities located
within the Electric Reliability Council of Texas interconnection.
(c) DOE does not accept requests for coordination under this part
from persons that have submitted an application to the Federal Energy
Regulatory Commission (FERC) for issuance of a permit for construction
or modification of a transmission facility under 18 CFR 50.6 or have
initiated pre-filing procedures under 18 CFR 50.5.
(d) DOE, in exercising its responsibilities under this part, will
consult regularly with FERC, electric reliability organizations, and
transmission organizations approved by FERC.
Sec. 900.3 Definitions.
As used in this part:
Applicant means a person or entity who is seeking a Federal
authorization.
Director means the Director of Permitting and Siting in the Office
of Electricity Delivery and Energy Reliability within DOE.
DOE means the U.S. Department of Energy.
Federal authorization means any authorization required under
Federal law to site a transmission facility, including permits, special
use authorizations, certifications, opinions, or other approvals. This
term includes authorizations issued by Federal and non-Federal entities
that are responsible for issuing authorizations under Federal law for a
transmission facility.
FERC means the Federal Energy Regulatory Commission.
FPA means the Federal Power Act (16 U.S.C. 791-828c).
Indian tribe has the same meaning as provided in 25 U.S.C. 450b(e).
NEPA means the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.)
Non-federal entity means Indian tribes, multistate entities, and
State agencies.
Permitting entity means any Federal or non-Federal entity that is
responsible for issuing Federal authorizations.
Request for coordination means a request to DOE for coordination of
Federal authorizations under this part.
Requester means an applicant that is seeking DOE coordination of
Federal authorizations under this part.
Single Environmental Review Document means the total material that
the permitting entities develop--with the lead agency for preparing the
NEPA document being primarily responsible--and that DOE shall assemble,
along with any other material considered necessary and made available
by DOE, in order to fulfill Federal obligations for preparing NEPA
compliance documents and all other analyses required to comply with all
environmental, cultural and historic preservation statutes and
regulations under Federal law. This information shall be available to
the applicant, all permitting entities, DOE, and all Indian tribes,
multistate entities, and State agencies that have their own separate
non-Federal permitting and environmental reviews.
Sec. 900.4 Pre-Application mechanism.
(a) An applicant, or prospective applicant, for a Federal
authorization seeking information from a permitting
[[Page 54460]]
entity pursuant to 16 U.S.C. 824p(h)(4)(C) must request information
pursuant to the terms specified in this section with a permitting
entity, and notify the Director of the request to the permitting
entity.
(b) Any request for information filed under this section shall
specify in sufficient detail the information sought from the permitting
entity and shall contain sufficient information for the permitting
entity to provide the requested information pursuant to 16 U.S.C.
824p(h)(4)(C).
(c) Within 60 days of receipt of such a request for information, a
permitting entity shall provide, to the extent permissible under
existing law, information concerning the request to the applicant, or
prospective applicant, and the Director.
Sec. 900.5 Request for coordination.
(a) A requester shall file a request for coordination with the
Director.
(b) The request shall contain:
(1) The exact legal name of the requester; its principal place of
business; whether the requester is an individual, partnership,
corporation, or other entity; the State laws under which the requester
is organized or authorized; and the name, title, and mailing address of
the person or persons to whom communications concerning the request for
coordination are to be addressed;
(2) A concise general description of the proposed transmission
facility sufficient to explain its scope and purpose, including:
(i) The voltage and type of current (alternating or direct);
(ii) The length of the transmission line;
(iii) The design and height of the support structures;
(iv) The proposed route (including the beginning and ending nodes
of the transmission project, and a brief geographical description of
the proposed route);
(v) A map of the proposed route (if available);
(vi) Any ancillary facilities associated with the proposed route;
(vii) The proposed dates for the beginning and completion of
construction and the commencement of service;
(viii) Whether the applicant for a Federal authorization of the
proposed transmission facility has submitted an interconnection request
with a transmission organization or electric reliability organization
approved by FERC; and
(ix) The anticipated length of time the proposed transmission
facility will be in service;
(3) A list of all permitting entities from which Federal
authorizations pertaining to the proposed transmission facility are
needed, including the docket numbers of pending applications with
permitting entities;
(4) A list of non-Federal entities that have their own separate
non-Federal permitting and environmental reviews pertaining to the
proposed transmission facility, including the docket numbers of
relevant applications;
(5) A signed statement to the Director that the requester has
served a copy of the request for coordination to all permitting
entities, and all non-Federal entities that have their own separate
non-Federal permitting and environmental reviews; and
(6) A statement by the requester certifying that it has informed
the non-Federal entities that have their own separate non-Federal
permitting and environmental reviews pertaining to the proposed
transmission facility that they may coordinate their permitting and
environmental reviews with DOE and the permitting entities pursuant to
section 16 U.S.C. 824p(h)(4)(A). The statement should list the specific
persons served and other pertinent contact information at all
permitting entities and all non-Federal entities.
(c) The written request for coordination may be filed by mail or
hand delivery with the Director at 1000 Independence Avenue, SW.,
Washington, DC 20585, or electronically in MS Word or PDF formats at
[email protected]. Electronic filing is DOE's preferred method. If
filing by hand or mail, DOE requests that an electronic copy be filed
as well.
(d) Upon receipt, DOE will post and make publicly available at
http://www.oe.energy.gov/fed_transmission.htm each request for
coordination and any subsequent correspondence and material filed with
DOE in connection with the request, except for information exempt from
disclosure under the Freedom of Information Act.
Sec. 900.6 Coordination of permitting and related environmental
reviews.
(a)(1) Upon receipt of a request for coordination, DOE, as the
coordinator of all applicable Federal authorizations and related
environmental reviews, and the permitting entities shall jointly
determine the appropriate level of coordination required, and, where
applicable, the appropriate permitting entity to be the lead agency for
preparing NEPA compliance documents, including all documents required
to support a final agency decision, and all other analyses used as the
basis for all decisions on a proposed transmission facility under
Federal law. Designation of the lead agency for preparing NEPA
documents shall be in compliance with regulations issued by the Council
on Environmental Quality at 40 CFR 1500 et seq.
(2) Non-Federal entities that have their own separate non-Federal
permitting and environmental reviews may elect to participate in the
coordination process under paragraph (a)(2) of this section.
(b)(1) DOE as the agency coordinating federal authorizations shall
establish, maintain, and utilize, to the extent practicable and in
compliance with Federal law, a single location to store and display
(electronically if practicable) all of the information assembled in
order to fulfill Federal obligations for preparing NEPA compliance
documents and all other analyses required to comply with all
environmental and cultural statutes and regulations under Federal law.
This information shall be available to the applicant, all permitting
entities, DOE, and all Indian tribes, multistate entities, and State
agencies that have their own separate non-Federal permitting and
environmental reviews.
(2) DOE shall establish and maintain, to the extent practicable and
in compliance with Federal law, a single location to store and display
the information utilized by the permitting entities as the basis for
their decisions on the proposed project under Federal law, including
all environmental, cultural protection and natural resource protection
statutes and regulations.
(3) In coordinating the preparation of a single environmental
review document, DOE will rely upon the permitting entities, as
appropriate, to ensure compliance with all applicable requirements of
Federal law.
(4) The single environmental review document shall be made
available to all permitting entities for making their agency decisions
in order to ensure that each permitting entity's environmental review
is in compliance with the statutory mandates and regulatory
requirements applicable to action by that permitting entity.
[FR Doc. E8-21866 Filed 9-18-08; 8:45 am]
BILLING CODE 6450-01-P