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Regulations for Filing Applications for Permits To Site Interstate Electric Transmission Corridors
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Proposed Rules]
[Page 36258-36275]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn06-24]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 50 and 380
[Docket No. RM06-12-000]
Regulations for Filing Applications for Permits To Site
Interstate Electric Transmission Corridors
Issued June 16, 2006.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing regulations in accordance with section 1221 of the Energy
Policy Act of 2005 to implement filings requirements and procedures for
entities seeking to construct electric transmission facilities. The
proposed regulations will expedite the Commission's permitting process
by coordinating the processing of Federal authorizations and
environmental review of electric transmission facilities in national
interest transmission corridors.
DATES: Comments are due on or before August 25, 2006.
ADDRESSES: You may submit comments, identified by Docket No. RM06-12-
000, by one of the following methods:
? Agency Web Site: http://ferc.gov. 
Follow the instructions
for submitting comments via the eFiling link found in the Comment
Procedures Section of the preamble.
? Mail: Commenters unable to file comments electronically
must mail or hand deliver an original and 14 copies of their comments
to: Federal Energy Regulatory Commission, Secretary of the Commission,
888 First Street, NE., Washington, DC 20426. Please refer to the
Comment Procedures Section of the preamble for additional information
on how to file paper comments.
FOR FURTHER INFORMATION CONTACT: John Schnagl, Office of Energy
Projects, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8756, john.schnagl@ferc.gov; Carolyn
Van Der Jagt, Office of the General Counsel, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
8620, carolyn.VanDerJagt@ferc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
1. On August 8, 2005, the Energy Policy Act of 2005 (EPAct 2005)
became law.\1\ Section 1221 of EPAct 2005 adds a new section 216 to the
Federal Power Act (FPA), providing for Federal siting of electric
transmission facilities under certain circumstances. The Nation's
electric system is an extensive, interconnected network of power lines
that transport electricity from generator to consumer. The system was
originally built by electric utilities over a period of 100 years,
primarily to serve local customers and maintain system reliability.
However, due to a doubling of electricity demand and generation over
the past three decades and the advent of competitive wholesale
electricity markets, the need to transfer large amounts of electricity
across the grid has increased significantly in recent years.\2\
Investment in new transmission facilities has not kept pace with the
need to increase transmission system capacity and maintain system
reliability. The blackout of August 2003 highlighted the need to
bolster the nation's electric transmission system.
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\1\ Pub. L. 109-58, 119 Stat. 594 (2005).
\2\ See Considerations for Transmission Congestion Study and
Designation of National Interest Electric Transmission Corridors
(Department of Energy), 71 FR 5560 (February 2, 2006).
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2. New section 216 of the FPA requires that the Secretary of Energy
(Secretary) identify transmission constraints. It mandates that the
Secretary conduct a study of electric transmission congestion within
one year of enactment and every three years thereafter, and that the
Secretary then issue a report, based on the study, which may designate
any geographic area experiencing electric energy transmission capacity
constraints or congestion that adversely affects
[[Page 36259]]
consumers as a national interest electric transmission corridor.
3. Once a national interest transmission corridor is designated by
the Secretary, the Commission has the authority under FPA section
216(b) to issue permits to construct or modify electric transmission
facilities in such a corridor under certain circumstances. The
Commission has the authority to issue permits to construct or modify
electric transmission facilities if it finds that: (1) A State in which
such facilities are located does not have the authority to approve the
siting of the facilities or to consider the interstate benefits
expected to be achieved by the construction or modification of the
facilities; (2) the applicant is a transmitting utility but does not
qualify to apply for siting approval in the State because the applicant
does not serve end-use customers in the State; (3) the State commission
or entity with siting authority withholds approval of the facilities
for more than one year after an application is filed or one year after
the designation of the relevant national interest electric transmission
corridor, whichever is later, or the State conditions the construction
or modification of the facilities in such a manner that the proposal
will not significantly reduce transmission congestion in interstate
commerce or is not economically feasible.\3\
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\3\ Under FPA section 216(i)(4), the Commission may not issue a
permit for facilities within a State that is a party to an
interstate compact establishing a regional transmission siting
agency unless the members of the compact are in disagreement and the
Secretary makes certain findings.
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4. Additionally, under FPA sections 216(b)(2) through (6), the
Commission must find that the proposed facility: (1) Will be used for
the transmission of electric energy in interstate commerce; (2) is
consistent with the public interest; \4\ (3) will significantly reduce
transmission congestion in interstate commerce and protect or benefit
consumers; (4) is consistent with sound national energy policy and will
enhance energy independence; and (5) will maximize, to the extent
reasonable and economical, the transmission capabilities of existing
towers or structures.
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\4\ The Commission will make a public interest determination
based on the entire record of the proceeding, and after due
consideration of the issues raised.
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5. New FPA section 216(h)(2) designates the Department of Energy
(DOE) as lead agency to coordinate all Federal authorizations needed to
construct proposed electric transmission facilities in national
interest electric transmission corridors. Under FPA section
216(h)(4)(A), to ensure timely efficient reviews and permit decisions,
DOE is required to establish prompt and binding intermediate milestones
and ultimate deadlines for all Federal reviews and authorizations
required for a proposed electric transmission facility.\5\ Section
216(h)(5)(A) of the FPA requires that DOE as lead agency, in
consultation with the other affected agencies, prepare a single
environmental review document that would be used as the basis for all
decisions for the proposed projects under Federal law.
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\5\ Under FPA section 216(h)(6)(A), if any agency has denied a
Federal authorization required for a transmission facility, or has
failed to act by the deadline established by the Secretary, the
applicant or any State in which the facility would be located may
file an appeal with the President.
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6. The Secretary determined that it would be beneficial to use the
Commission's existing expertise and experience in siting energy
facilities to coordinate and process Federal authorizations and related
environmental reviews for proposed facilities in national interest
transmission corridors. Thus, effective May 16, 2006, the Secretary
delegated paragraphs (2), (3), (4)(A)-(B), and (5) of FPA section
216(h) to the Commission as they apply to proposed facilities in
designated national interest electric transmission corridors.\6\
Specifically, the Secretary delegated to the Commission DOE's lead
agency responsibilities for the purpose of coordinating all applicable
Federal authorizations and related environmental review and preparing a
single environmental review document for facilities in a designated
national interest electric transmission corridor. In developing the
environmental document, the Commission will establish prompt and
binding intermediate milestones and ultimate deadlines for the review,
and ensure that all Federal permits are issued, and reviews for
proposed facilities in a designated national interest electric
transmission corridor are completed, within a year or as soon as
practicable thereafter.
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\6\ Department of Energy Delegation Order No. 00-004.00A.
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7. Under FPA section 216(h)(4)(C), DOE is required to provide an
expeditious pre-application mechanism for an applicant to confer with
the agencies responsible for any separate permitting and environmental
reviews required by Federal law. During that process, the agencies are
required to communicate to applicants the likelihood for approval for a
potential facility and key issues of concern. While DOE will conduct a
pre-application process under for Federal authorizations under FPA
section 216(h)(4)(C), the Commission will also conduct a pre-filing
process to facilitate maximum participation from all interested
entities and individuals and to assist an applicant in compiling the
information needed to file a complete application. Based on its
experience in processing applications for natural gas facilities and
hydroelectric projects, the Commission has found that an extensive pre-
filing process allows the Commission to process the ultimate
application expeditiously. The Commission intend that its pre-filing
process be consistent with DOE's pre-application process to ensure a
prompt and coordinated approach to siting facilities within national
interest transmission corridors.
II. Discussion
8. Section 216(c)(2) of the FPA requires that the Commission issue
rules specifying the form of, and the information to be contained in,
an application for proposed construction or modification of electric
transmission facilities in a designated national interest electric
transmission corridor, and the manner of service of notice of the
permit application on interested persons. The Commission proposes to
implement regulations in a new Part 50 of existing subchapter B of the
Commission's regulations. The new procedures will also require certain
modifications to other existing regulations, including the Commission's
regulations implementing the National Environmental Policy Act of 1969
(NEPA) in Part 380. The proposed regulations provide for a Project
Participation Plan (Participation Plan) that will be filed at the
beginning of the pre-filing process and will be used during the pre-
filing and application processes to facilitate maximum participation
from all interested entities and individuals.
A. Project Participation
9. Section 216(d) of the FPA requires that the Commission afford
each State in which the transmission facility covered by the permit
application is or will be located, each affected Federal agency and
Indian tribe, private property owners, and other interested persons, a
reasonable opportunity to present their views and recommendations with
respect to the need for and impact of a facility covered by the permit
application. Additionally, under FPA section 216(h)(3) and its
delegated authority, the Commission needs to coordinate the Federal
authorization
[[Page 36260]]
and review process with any Federal agencies, Indian tribes, multistate
entities, and State agencies that are responsible for conducting
separate permitting and environmental reviews of the facilities.
10. The Commission is proposing a Participation Plan to facilitate
maximum participation from all stakeholders. Proposed Sec. 50.1
defines a stakeholder as a Federal, State, or multistate, tribal or
local agency, any affected non-governmental organization, or other
interested person. In other words, a stakeholder includes agencies and
individuals contemplated under FPA section 216(d) and the permitting
agencies contemplated under FPA section 216(h)(3).\7\ Proposed Sec.
50.4 details the requirements for the Participation Plan, including
document availability and project notification. Under proposed Sec.
50.5(c)(7), the Participation Plan needs to be filed at the beginning
of the pre-filing process.
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\7\ Proposed Sec. 50.1 defines a permitting entity as any
entity, including Federal, State, tribal, or multistate, or local
agency that is responsible for conducting reviews for any Federal
authorization that will be required to construct an electric
transmission facility in a national interest electric transmission
corridor.
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1. Stakeholder Participation
11. Under proposed Sec. 50.4, the Commission proposes to require a
potential applicant to prepare a Participation Plan to use during the
pre-filing and application processes. The Participation Plan will be
used to provide accurate and timely information concerning all aspects
of the proposed project, including environmental impacts as well as the
national and local benefits of the proposed project, to all
stakeholders. The Participation Plan will detail how the applicant will
facilitate stakeholder communications and dissemination of information
about the proposed project for both the pre-filing and application
proceedings, discussed below. It will also detail the applicant's plan
for seeking and acquiring all necessary Federal, State, tribal, and
local authorizations under Federal, State, and local laws.
12. Proposed Sec. 50.4(a)(1), requires, among other things, that
the applicant identify how it intends to facilitate stakeholder
communications. It also requires that the applicant create and maintain
a Web site specifically devoted to the project and have a single point
of contact within the company to address communications from stakeholders.
13. Proposed Sec. 50.4(a)(2) requires that the applicant list the
central locations throughout the project area where copies of the all
filings related to the proposed project will be located. Proposed Sec.
50.4(a)(3) requires that the applicant detail how it intends to respond
to requests for information from the public as well as Federal, State,
and tribal permitting entities.
2. Document Availability
14. Under proposed Sec. 50.4(b), the applicant must make copies of
all of its filings readily available for all stakeholders to review.
Within three business days of the date a pre-filing request is filed
and when the application is issued a docket number, copies of the pre-
filing and application materials must be placed in accessible central
locations in each county throughout the project area listed under
proposed Sec. 50.4(b)(1) in paper or electronic format and on the
company's Web site developed in compliance with proposed Sec. 50.4(a)(1).
3. Project Notification
15. Proposed Sec. 50.4(c) lists the project notification
requirements. The applicant is required to notify all stakeholders,
including affected landowners. Proposed Sec. 50.1 defines an affected
landowner as an owner of property interests, as noted in the most
recent tax notice, whose property is: (1) Directly affected, crossed or
used, by the proposed project; or (2) abuts either side of an existing
right-of-way or proposed facility site or right-of-way.
16. Under proposed Sec. 50.4(c)(1)(i)(A), the applicant is
required to send notification of the proposed new facilities or
modification of existing facilities to all stakeholders within 14 days
after the Director of Office of Energy Projects (OEP) or his designee
notifies the applicant of the commencement of the pre-filing process.
Under proposed Sec. 50.4(c)(1)(i)(B), when an application is
subsequently filed, the applicant must notify all stakeholders within
three business days after the Commission issues a notice of the
application as proposed in Sec. 50.9. Additionally, under proposed
Sec. 50.4(c)(1)(ii), the applicant must publish the notice of the pre-
filing request and application filing twice in a daily or weekly
newspaper of general circulation in each county in which the facilities
will be located.
17. During the pre-filing process, discussed below, under proposed
Sec. 50.4(c)(2)(i), the notification distributed by the applicant must
include: (1) The docket number of the pre-filing proceeding; (2) a copy
of the most recent edition of the Commission's pamphlet Electric
Transmission Permitting Process; (3) a description of the project, its
location, purpose, and the applicant's anticipated timing of its
construction or modification process; (4) a general description of what
the landowner will need to do if the project is approved and a company
contact knowledgeable about the project; (5) a brief summary of the
eminent domain rules of the relevant State; (6) information on how the
landowner can obtain a copy of the pre-filing materials and the
subsequent application, including information on how the landowner can
obtain copies of CEII; and (7) an explanation of the difference between
the pre-filing and application process and how the affected landowner
may participate in each.
18. Given the extent of the pre-filing process, the Commission
believes that all stakeholders will be notified during that process.
Therefore, once the application is filed, under proposed Sec.
50.4(c)(2)(ii), the applicant is only required to notify all
stakeholders that the application has been filed by supplying them with
a copy of the Commission's notice of the application. If the project
route is changed during the pre-filing or application process to
potentially affect additional stakeholders, or it is determined that
stakeholders have not previously been identified, once the stakeholder
is identified, the applicant must supply those new stakeholders with
the information required in proposed Sec. 50.4(c).
19. Finally, under proposed Sec. 50.4(c)(5), if any stakeholder
requests information that contains CEII, the applicant must request
that information from the Commission under the procedures in Sec.
388.113 of the Commission's regulations.
B. Pre-Filing Process
20. The proposed regulations provide for, among other things, an
extensive pre-filing process in proposed Sec. 50.5 that will
facilitate maximum participation from all stakeholders to provide them
with an opportunity to present their views and recommendations with
respect to the need for and impact of the facilities early on in the
planning stages of the proposed facilities as required under FPA
section 216(d). The pre-filing process also will assist the applicant
in compiling the information needed to file a complete application so
that all reviews under Federal law can be completed within one year
after the application is filed, or as soon thereafter as is
practicable. During the pre-filing process, the Commission will work
with the applicant and other permitting entities to coordinate the
reviews and compile the information necessary for
[[Page 36261]]
all required Federal authorizations for the proposed facilities.\8\
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\8\ Proposed Sec. 50.1 defines Federal authorization to include
such permits, special use authorizations, certifications, opinions,
or other approvals that may be required under Federal law to site a
transmission facility, as defined in FPA section 216(h)(B).
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21. Because of the potential for differences between projects, the
Commission does not propose to set exact timeframes for the pre-filing
process. The timeframe will depend upon, among other things, the size
of the project, stakeholder participation, and the applicant's
preparedness. The Commission expects that the pre-filing process for
large, multi-state ``greenfield'' projects, will take longer than the
pre-filing process for minor modifications to existing facilities.\9\
The Commission anticipates that the pre-filing process for extensive
projects may take at least a year to complete. Additionally, the
environmental resource reports required under proposed Sec. 380.16,
discussed below, will require comprehensive field work and study to
compile the information necessary to comply with the Commission's
obligations under NEPA.
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\9\ Greenfield facilities are facilities that primarily will be
located in new rights-of-way.
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22. As stated above, the pre-filing timeframe is also dependent on
the preparedness of the applicant. The pre-filing process is designed
to assist the applicant in compiling the information needed to prepare
a complete application and to coordinate the review process for other
Federal authorizations. The further along the applicant is in obtaining
the necessary Federal authorizations and the information needed for a
completed application when it commences the pre-filing process, the
sooner the applicant will be prepared to file a complete application.
Under proposed Sec. 50.5(a), all applicants seeking a permit to site
new or to modify existing electric transmission facilities must comply
with the proposed pre-filing process before they submit a permit
application.
1. Initial Consultation
23. Under proposed Sec. 50.5(b), an applicant must meet with the
Director of OEP before filing its pre-filing materials. During that
meeting, Commission staff will review the applicant's proposed project
description, including the status of the applicant's progress towards
collecting the data needed to commence the pre-filing process, any
preliminary contacts the applicant has had with stakeholders, including
its progress in DOE's pre-application process, and preliminary details
about the project.
24. Commission staff will also review the applicant's eligibility
for Commission approval of a proposed facility, outline the pre-filing
process, and provide guidance as to what further work is necessary to
prepare the pre-filing request. Commission staff will also review the
proposed project to determine if the applicant will be required to hire
a third-party contractor to assist in preparing a NEPA document, under
the direction of the Commission staff. The use of a third-party
contractor can ensure that the environmental review of a proposed
project proceeds expeditiously.
2. Initial Filing Requirements
25. Proposed Sec. 50.5(c) lists the contents of a pre-filing
request. Proposed Sec. 50.5(c)(1) requires that the applicant file a
proposed schedule, including when it anticipates filing its completed
application and when it proposes to energize its project and commence
service on the facilities. Proposed Sec. 50.5(c)(2) requires that a
pre-filing request include a description of the project, including maps
and plot plans showing all major components, zoning requirements, and
site availability. Any additional case-specific information that may be
needed under this section will be discussed at the initial
consultation. Proposed Sec. 50.5(c)(3) requires that the applicant
file a list of the permitting entities responsible for conducting
separate Federal permitting and environmental reviews for the proposed
project.
26. Proposed Sec. 50.5(c)(4) requires a list of other stakeholders
that have been contacted, or have contacted the applicant, about the
project. Proposed Sec. 50.5(c)(5) requires the applicant to file
information concerning the status of work already conducted, including
contacting agencies and individuals listed in proposed Sec. Sec.
50.5(c)(3) and (4) its progress in DOE's pre-application process.
Additionally, the applicant must file all information concerning
engineering and environmental studies and route planning work conducted
by contractors. The filing also must include information concerning any
public meetings the proposed applicant has conducted regarding the
proposed project.
27. Proposed Sec. 50.5(c)(6) requires that the applicant propose
at least three third-party NEPA contractors for the Commission to
consider for the proposed project. Under proposed Sec. 50.5(d)(1), the
Director of OEP's notice commencing the pre-filing process will
designate the chosen third-party contractor.
28. Finally, proposed Sec. 50.5(c)(7) requires that the applicant
file the Participation Plan required in proposed Sec. 50.4(a). The
Participation Plan must include a listing and schedule of all pre-
filing and application activities, including, among other things,
consultations, information gathering and studies, and proposed
location(s) and date(s) for the meetings and site visits, if
applicable. The Director of OEP may require that the applicant modify
the Participation Plan as necessary.
3. Commencement of Pre-filing Process
29. The Director of OEP will review the information filed by the
applicant and determine if there is sufficient information to commence
the pre-filing process. If the Director of OEP determines the
information filed is insufficient, the applicant will be notified in
writing of any deficiencies or the need for additional information, and
be given a reasonable time to correct the deficiencies or file the
additional information. If the applicant fails to cure the deficiencies
within the time specified, the Director of OEP may terminate the pre-
filing process. If the Director of OEP determines the filing is
sufficient, the applicant will be notified under proposed Sec. 50.5(d)
and the pre-filing process will begin.
4. Subsequent Filing Requirements
30. The proposed regulations include a schedule for subsequent
filings, once the pre-filing process has begun. Proposed Sec.
50.5(e)(1) requires that the applicant finalize its Participation Plan
within seven days after the notice is issued. Proposed Sec. 50.5(e)(2)
requires that the applicant finalize the contract with the third-party
contractor, if required, in 14 days. Proposed Sec. 50.5(e)(3)(i)
requires that the applicant provide all stakeholders with the notice
commencing the pre-filing process. Proposed Sec. 50.5(e)(3)(ii)
specifically refers to the additional notification requirement for
affected landowners in proposed Sec. 50.4(c).
31. Proposed Sec. 50.5(e)(3)(iii) provides that the applicant must
notify permitting entities with Federal authorization processes within
14 days of commencing the pre-filing process. As discussed below, the
Commission intends to compile the information necessary for its NEPA
analysis primarily during the pre-filing process. Thus, the Commission
proposes that the applicant request in its notice, and that the
permitting agencies identify in their responses, any specific
information, not required by the Commission in its resource reports
required under proposed Sec. 380.16, that they may need
[[Page 36262]]
to reach a decision concerning the proposed project. The Commission
envisions that this information will be compiled during the pre-filing
process to facilitate the development of a preliminary NEPA document by
the conclusion of the pre-filing process. Once all stakeholders have
been notified under proposed Sec. 50.5(e)(3), proposed Sec.
50.5(e)(4) requires that the applicant must submit a mailing list of
all stakeholders contacted within 30 days.
32. Under proposed Sec. 50.5(e)(5), the applicant must file a
summary of all alternatives considered within 30 days of the Director
of OEP's notification. Proposed Sec. 50.5(e)(6) requires that the
applicant file an updated list of all Federal, State, tribal, and local
agencies permits and authorizations that are necessary to construct or
modify the proposed facilities. The list must include a schedule
detailing when the applications for the permits and authorizations will
be submitted (or were submitted). As stated, the Secretary will
establish a pre-application mechanism under FPA section 216(h)(4)(C).
The mechanism will facilitate consultation among prospective applicants
and permitting agencies regarding key issues of concern and the
likelihood of approval of the proposed facility. The permitting
entities have 60 days to respond to the applicant's request for
information. The applicant's filing under proposed Sec.
50.5(e)(6)(iii) must specifically detail the information gathered
during DOE's pre-application process.
33. One purpose of the Commission's pre-filing process is to assist
the applicant in compiling the necessary environmental resource
reports. Proposed Sec. 50.5(e)(7) requires that the applicant file the
first drafts of the resource reports required in proposed Sec. 380.16
in a format that will allow for efficient interpretation and
incorporation of the information into the draft NEPA document. Specific
formatting requirements will be discussed at the initial consultation
meeting proposed under proposed Sec. 50.5(b) and will be based on best
available technology.
34. Under proposed Sec. 50.5(e)(8), the applicant is required to
file monthly status reports updating its progress in compiling the
application information. If the applicant fails to file a status report
or a response to a request for additional information, or is failing to
make sufficient progress toward obtaining the requisite permits or
authorizations or towards the goal of compiling the information needed
for a complete application, under proposed Sec. 50.5(e)(8), the
Director of OEP may terminate the pre-filing proceeding without
prejudice to the applicant's re-applying.
5. Pre-filing Activities
35. The Commission envisions that, during the pre-filing process,
Commission staff will assist the applicant to compile a complete
application while informing the public of the proposed project and
promoting participation to provide an opportunity for all stakeholders
to present their views and recommendations for the proposed project.
Potential staff activities during the pre-filing process may include,
but will not be limited to: (1) Assisting the applicant in identifying
stakeholders, including landowners, interested organizations, and other
individuals; (2) conducting site visits, examining potential
alternatives, and holding open meetings; (3) facilitating the
identification of issues and resolution of those issues; (4) assisting
the applicant in coordinating other necessary Federal authorizations;
(5) preparing and issuing the environmental scoping documents; (6)
facilitating cooperating agency environmental review and the
preparation of a preliminary Environmental Assessment or Environmental
Impact Statement under NEPA; and (7) providing technical assistance to
other permitting entities, upon request.
6. Concluding the Pre-Filing Process
36. The Director of OEP will determine when the applicant has
compiled sufficient information such that a complete application can be
filed. Under proposed Sec. 50.5(f), the applicant is required to
include all the information specified by the Commission staff during
the pre-filing process, including all required exhibits and
environmental information, in the electric transmission facility
application. As discussed below, because of statutory time limits, the
Commission will require that a preliminary NEPA document be prepared
before an application is filed. Once the pre-filing process is
completed, the Commission anticipates expeditiously processing the
resultant application.
C. Applications
1. General Content
37. As stated, once the pre-filing process is completed a permit
application may be filed. Section 216(h)(4)(B) of the FPA requires that
once an application is submitted, all reviews under Federal law for the
proposed facilities must be completed within one year, or, if a
requirement of another provision of Federal law does not permit
compliance within one year, as soon thereafter as practicable.
Therefore, it is imperative that a filed application contain all
information necessary for the Commission to proceed with an expedited
review of the proposal.
38. Proposed Sec. 50.6 requires that the application generally
summarize and provide background and non-technical information
concerning the proposed project. Proposed Sec. Sec. 50.6(a) and (b)
require information concerning the applicant's contact information and
a description of the applicant's existing business.
39. Under proposed Sec. 50.6(c), the applicant must file a
concise, general description of the proposed project sufficient to
explain its scope and purpose, including the proposed geographic
location of the principal project features and the planned routing of
the transmission line. The summary also must contain the general
characteristics of the transmission line including voltage, types of
towers, origin and termination point of the transmission line, and the
geographic character of the area traversed by the line. The written
description must be accompanied by an overview map of sufficient scale
to show the entire transmission route.
40. Proposed Sec. Sec. 50.6(d) requires that the applicant
demonstrate that the filing complies with FPA sections 216(a).
Specifically, the applicant must demonstrate that the proposed
facilities are located in a national interest electric transmission
corridor, as determined by DOE. Under proposed Sec. 50.6(e), the
applicant must demonstrate that the proposed project complies with the
requirements of FPA sections 216(b)(2) through (6). Specifically, it
must demonstrate that the proposed construction or modification of
facilities: (1) Will be used for the transmission of electric energy in
interstate commerce; (2) is consistent with the public interest; (3)
will significantly reduce transmission congestion in interstate
commerce and protect or benefit consumers; (4) is consistent with sound
national energy policy and will enhance energy independence; and (5)
will maximize, to the extent reasonable and economical, the
transmission capabilities of existing towers or structures.
41. Proposed Sec. Sec. 50.6(f) and (g) require that the applicant
describe the anticipated timeframe for constructing or modifying the
facilities and commencing operations and a general
[[Page 36263]]
description of how the applicant proposes to finance the project.
Proposed Sec. 50.6(h) requires the applicant to list all necessary
approvals that it will need to construct the proposed facilities and
provide information concerning how it intends to acquire, or the status
of, those approvals.
42. Proposed Sec. 50.6(i) states that the application must contain
a table of contents listing all exhibits and supporting evidence that
is filed with the application. Finally, under proposed Sec. 50.6(j),
the applicant is required to file a draft notice for the Commission to
have published in the Federal Register.
2. Exhibits
43. Proposed Sec. 50.7 contains the requirements for the exhibits
that must be filed with the application. The exhibits will contain the
technical data needed for the Commission's analysis of the application.
Proposed Sec. Sec. 50.7(a) through (c), Exhibits A through C, require
information concerning the applicant's company, including articles of
incorporation, bylaws, State authorizations, company officials, and
subsidiaries and affiliations. Proposed Sec. 50.7(d), Exhibit D,
requires a list of other filings the applicant currently has pending
before the Commission which could impact the proposed project.
44. As discussed above, a general location map must be filed under
proposed Sec. 50.7(e), as Exhibit E. All the environmental data
required in Part 380 of the Commission's regulations, discussed below,
will be filed as proposed Exhibit F under proposed Sec. 50.7(f).
Engineering data and system analysis data must be filed in Exhibits G
and H, respectively, under proposed Sec. Sec. 50.7(g) and (h).
Finally, project cost and financial data and construction, operation,
and management data must be filed in Exhibits I and J, respectively.
D. Acceptance/Rejection of Applications
45. As stated, FPA section 216(h)(4)(B) requires that all Federal
permit decisions and environmental review be completed within one year
after the application is filed, or as soon thereafter as practicable.
Under proposed Sec. 50.8(a) applications will be docketed when
received. Under proposed Sec. 50.8(b), the Director of OEP will reject
any application that does not comply with the FPA and the Commission's
regulations. Under proposed Sec. 50.8(c), if an application has been
rejected and refiled, it will be docketed as a new application.
E. Notice of Application
46. Under proposed Sec. 50.9(a), the Commission will issue, and
publish in the Federal Register, a notice of the application when it
determines the application contains all the necessary information for
an expedited review. Under proposed Sec. 50.9(b), the notice will
establish prompt and binding intermediate milestones and ultimate
deadlines for the coordination and review of all applicable Federal
authorizations, as determined in consultation with the permitting
agencies during the Commission's pre-filing and DOE's pre-application
processes, as required under FPA section 216(h)(4)(A).
F. Intervention
47. Proposed Sec. 50.10 pertains to the intervention procedures
for the application process.\10\ As stated, once it is determined that
the application is complete, the Commission will issue a notice that it
intends to process the application. The notice will fix a time within
which anyone desiring to participate in the proceeding may file a
motion to intervene in accordance with Sec. 385.214 of the
Commission's regulations.
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\10\ The notice and intervention regulations are not applicable
to the pre-filing process.
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G. General Conditions Applicable to Permits
48. The Commission will condition permits to construct or modify
transmission facilities in order to conclude that the proposed
facilities are in the public interest. Proposed Sec. Sec. 50.11(a) and
(b) list general conditions that will be applicable to all permits.
Other case-specific conditions will be discussed in the permit order.
49. Under proposed Sec. 50.11(c), all applicants must follow the
American National Standards Institute's National Electrical Safety Code
while constructing the permitted facilities. Proposed Sec. 50.11(d)
requires that the permittee obtain approval from the Director of OEP
prior to constructing the facilities or commencing operations. Proposed
Sec. 50.11(e) requires that the permittee construct the facilities
within the time frame specified by the Commission. If the applicant
cannot meet this deadline, it must notify the Commission and request an
extension of time. If circumstances have changed since the permit was
issued, the Commission may require additional analysis of the proposed
project to ensure the proposed request is in the public interest.
Proposed Sec. 50.11(f) requires that the permittee notify the
Commission when it has commenced construction and when it places the
new or modified facilities in service.
50. A permit cannot be transferred without prior Commission's
approval. Under proposed Sec. 50.11(g), an applicant proposing to
transfer a permit to construct or modify transmission facilities, must
file a petition requesting authorization to do so. The petition must:
(1) State the reasons for the transfer; (2) show that the transferee is
qualified to carry out the provision of the permit; (3) be verified by
all parties to the proposed transfer; (4) be accompanied by a copy of
the transfer agreement; (5) be accompanied by an affidavit of service
of a copy on all parties to the permit proceeding; and (6) be
accompanied by a affidavit that all affected landowners have been
notified of the proposed transfer.
H. Regulations Implementing the National Environmental Policy Act
51. Part 380 of the Commission's regulations implements its
responsibilities under NEPA.\11\ The Commission proposes to revise
those regulations by adding sections dealing with its new
responsibilities with respect to the siting of electric transmission
facilities. Proposed Sec. 380.3(c)(3) adds electric transmission
projects to the list of activities for which environmental information
must be supplied. Proposed Sec. Sec. 380.5(b)(14) and 380.6(a)(5) add
electric transmission facilities to the lists of projects for which the
Commission will do an environmental assessment or environmental impact
statement.
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\11\ 18 CFR part 380 (2005).
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52. Based on some confusion encountered by the Commission in
natural gas pre-filing proceedings, proposed Sec. 380.10(a)(2)(iii)
clarifies that interventions should not be filed in natural gas pre-
filing proceedings and in the proposed electric transmission pre-filing
proceedings. Interventions and party status, and the rights and
obligations established thereunder, are granted under Sec. 385.214 of
the Commission regulations after an application is filed. The pre-
filing natural gas and electric transmission processes are informal
proceedings for which intervention status is not appropriate.
53. Under proposed Sec. 380.15(c), approved electric transmission
facilities are subject to the National Electric Safety Code.
Additionally, under proposed Sec. Sec. 380.15(d) and (e), the
transmission facilities rights-of way will be subject to the same
construction and
[[Page 36264]]
maintenance requirements as natural gas pipelines.
54. The Commission proposes a new Sec. 380.16 to delineate
specific environmental filing requirements for electric transmission
facilities. While these generally mirror the natural gas pipeline
requirements, to avoid confusion the Commission proposes a separate
section specifically tailored to electric transmission facilities.
55. Proposed Sec. 380.16 requires 11 Resource Reports, as follows.
Resource Report 1 would include, among other things, a description of
the project by milepost and construction spreads, topographic maps,
aerial images and/or photographs, descriptions of other permits and
mitigation measure, and names and addresses of affected landowners.
56. Proposed Resource Report 2 requires information necessary for
the Commission to determine the impact of the proposed project on water
use and water quality.
57. Proposed Resource Report 3 describes aquatic life, wildlife,
and vegetation in the vicinity or the proposed project.
58. Proposed Resource Report 4 lists the information the applicant
will need to supply the Commission for a cultural resource review to
implement the Commission's obligations under the National Historic
Preservation Act.
59. Proposed Resource Report 5 requires that the applicant identify
and quantify the impact of the construction and operation of the
proposed project on towns and counties in the project vicinity.
60. Proposed Resource Report 6 requires that the applicant describe
geological resources and hazards in the project area that might be
directly or indirectly affected by the proposed facility or may place
the proposed facility at risk.
61. Proposed Resource Report 7 requires information concerning
soils and measures proposed to minimize or avoid impacts to them.
62. Proposed Resource Report 8 requires information concerning the
uses of land around the proposed transmission facility, including measures
the applicant proposes to protect and enhance the existing land use.
63. Resource Report 9 requires that the applicant describe
alternatives to the project and compare the environmental impacts of
such alternatives. This report also requires the applicant explain the
environmental benefits and document the costs of each alternative.
64. Proposed Resource Report 10 addresses, among other things, the
potential hazard to the public of the proposed facilities that would
result from accidents or natural catastrophes and how these events
would affect reliability.
65. Finally, proposed Resource Report 11 requires additional design
and engineering data.
III. Information Collection Statement
66. The Commission is submitting the following collection of
information contained in this proposed rulemaking to the Office of
Management and Budget (OMB) for review under section 3507(d) of the
Paperwork Reduction Act of 1995.\12\ The Commission will identify the
information provided for under the proposed Part 50 as FERC-729.
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\12\ 44 U.S.C. 3507(d) (2000).
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67. The number of applicants for electric transmission permits in
national interest electric transmission corridors is unknown. Proposed
transmission projects would have to, among other things, significantly
reduce electric transmission congestion in a national interest electric
transmission corridor. These corridors are yet to be defined by the
Secretary. Also, Federal permitting of electric transmission facilities
used in interstate commerce will occur only if, or when, States do not
or cannot act on an application, or have conditioned a project in such
a manner that the proposed construction or modification will not
significantly reduce congestion in interstate commerce or is not
economically feasible. Any estimates of the number of anticipated
electric transmission construction permit applications are extremely
variable, ranging from two to 20 per year.
68. The Commission solicits comments on the Commission's need for
the information required by the proposed regulations, whether the
information will have practical utility, the accuracy of the provided
burden estimates, ways to enhance the quality and clarity of the
information that the Commission will collect, and any suggested methods
for minimizing the respondent's burden, including the use of
information techniques. The burden estimates for complying with this
proposed rule are as follows:
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Number of Number of Hours per Total annual
Data collection respondents responses response hours
--------------------------------------------------------------------------
FERC-729....... 10 1 9,600 96,000
--------------------------------------------------------------------------
Information Collection Costs: Because of the regional differences
and the various staffing levels that will be involved in preparing the
documentation (legal, technical and support) the Commission is using an
hourly rate of $150 to estimate the costs for filing and other
administrative processes (reviewing instructions, searching data
sources, completing and transmitting the collection of information).
The estimated annual cost is anticipated to be $14.4 million.
Title: FERC-729 Electric Transmission Facilities.
Action: Proposed Data Collections.
OMB Control No.: To be determined.
Upon approval of a collection of information, OMB will assign an
OMB control number and an expiration date. Respondents subject to the
filing requirements of this rule will not be penalized for failing to
respond to these collections of information unless the collections of
information display a valid OMB control number or the Commission has
provided justification as to why the control number should not be
displayed.
Respondents: Businesses or other for profit, State, local, or
tribal government.
Necessity of the Information: The information collected from
applicants will be used by the Commission to review the suitability of
the proposal for a permit to construct the proposed electric
transmission facilities. The Commission has assured itself, by means of
internal review, that there is specific, objective support for the
burden estimates associated with the information requirements.
69. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 [Attention:
Michael Miller, Office of the Executive Director, Phone: (202) 502-
8415, fax: (202) 273-0873, e-mail: michael.miller@ferc.gov].
[[Page 36265]]
70. For submitting comments concerning the collection(s) of
information and the associated burden estimate(s), please send your
comments to the contact listed above and to the Office of Management
and Budget, Office of Information and Regulatory Affairs, Washington,
DC 20503, [Attention: Desk Officer for the Federal Energy Regulatory
Commission, phone: (202) 395-4650, fax: (202) 395-7285, e-mail:
oira_submission@omb.eop.gov].
IV. Environmental Analysis
71. The Commission is required to prepare an EA or EIS for any
action that may have a significant adverse effect on the human
environment. No environmental consideration is raised by the
promulgation of a rule that is procedural in nature or does not
substantially change the effect of legislation or regulations being
amended. The proposed regulations implement the procedural filing
requirements for applications to construct electric transmission
facilities. Accordingly, neither an environmental impact statement nor
environmental assessment is required.
V. Regulatory Flexibility Act Analysis Certification
72. The Regulatory Flexibility Act (RFA) \13\ generally requires a
description and analysis of final rules that will have significant
economic impact on a substantial number of small entities.\14\ The
Commission is not required to make such analyses if a rule would not
have such an effect.
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\13\ 5 U.S.C. 601-612 (2000).
\14\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business which is independently
owned and operated and which is not dominant in its field of
operation. 15 U.S.C. 632 (2000). The Small Business Size Standards
component of the North American Industry Classification System
defines a small electric utility as one that, including its
affiliates, is primarily engaged in the generation, transmission,
and/or distribution of electric energy for sale and whose total
electric output for the preceding fiscal years did not exceed 4
million MWh. 13 CFR 121.201 (section 22, Utilities, North American
Industry Classification System, NAICS) (2004).
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73. The Commission expects entities seeking approval for interstate
transmission siting will be major transmission utilities capable of
financing complex and costly transmission projects. The Commission
anticipates that the high cost of construction of transmission
facilities will bar the entry into this field by small entities as
defined by the RFA. Therefore, the Commission concludes that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
VI. Public Comments
74. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due by August 25, 2006. Comments must refer to
Docket No. RM06-12-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments. Comments may be filed either in electronic or paper format.
75. Comments may be filed electronically via the eFiling link on the
Commission's Web site at http://www.ferc.gov. The Commission
accepts most standard word processing formats and requests commenters
to submit comments in a text-searchable format rather than a scanned
image format. Commenters filing electronically do not need to make a
paper filing. Commenters that are not able to file comments
electronically must send an original and 14 copies of their comments
to: Federal Energy Regulatory Commission, Secretary of the Commission,
888 First Street, NE., Washington, DC 20426.
76. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
VII. Document Availability
77. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in
FERC's Public Reference Room during normal business hours (8:30 a.m. to
5 p.m. eastern time) at 888 First Street, NE., Room 2A, Washington, DC
20426.
List of Subjects
18 CFR Part 50
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 380
Environmental impact statements, Reporting and recordkeeping
requirements.
By direction of the Commission.
Magalie R. Salas,
Secretary.
In consideration of the foregoing, the Commission proposes to add
part 50 and amend part 380, chapter I, title 18, Code of Federal
Regulations, as follows.
1. Part 50 is added to subchapter B to read as follows:
PART 50--APPLICATIONS FOR PERMITS TO SITE INTERSTATE ELECTRIC
TRANSMISSION FACILITIES
Sec.
50.1 Definitions.
50.2 Purpose and intent of rules.
50.3 Applications/pre-filing; rules and format.
50.4 Shareholder participation.
50.5 Pre-filing procedures.
50.6 Applications: general content.
50.7 Applications: exhibits.
50.8 Acceptance/rejection of applications.
50.9 Notice of application.
50.10 Interventions.
50.11 General conditions applicable to permits.
Authority: 16 U.S.C. 824p, DOE Delegation Order No. 00-004.00A.
Sec. 50.1 Definitions.
As used in this part:
Affected landowners means owners of property interests, as noted in
the most recent county/city tax records as receiving the tax notice,
whose property:
(1) Is directly affected (i.e., crossed or used) by the proposed
activity, including all facility sites, rights-of-way, access roads,
pipe and contractor yards, and temporary workspace; and
(2) Abuts either side of an existing right-of-way or facility site
owned in fee by any utility company, or abuts the edge of a proposed
facility site or right-of-way which runs along a property line in the
area in which the facilities would be constructed, or contains a
residence within 50 feet of a proposed construction work area.
Director of the Office of Energy Projects means the Director or his
designees.
Federal authorization means permits, special use authorization,
certifications, opinions, or other approvals that may be required under
Federal law in order to site a transmission facility.
National interest electric transmission corridor means any
geographic area experiencing electric energy transmission capacity
constraints or congestion that adversely affects consumers, as
designated by the Secretary of Energy.
Permitting entity means any Federal or State agency, Indian tribe,
multistate, or local agency that is responsible for
[[Page 36266]]
conducting separate authorizations pursuant to Federal law that are
required to construct electric transmission facilities in a national
interest electric transmission corridor.
Stakeholder means any Federal, State, interstate, tribal, or local
agency, any affected non-governmental organization, affected landowner,
or interested person.
Transmitting utility means an entity that owns, operates, or
controls facilities used for the transmission of electric energy in
interstate commerce for the sale of electric energy at wholesale.
Sec. 50.2 Purpose and intent of rules.
(a) The purpose of the regulations in this part is to provide for
efficient and timely review of requests for permits for the siting of
electric transmission facilities under section 216 of the Federal Power
Act. The regulations ensure that each stakeholder is afforded an
opportunity to present views and recommendations with respect to the
need for and impact of a facility covered by the permit. They also
coordinate, to the maximum extent practicable, the Federal
authorization and review process of other Federal and State agencies,
Indian tribes, multistate, and local entities that are responsible for
conducting any separate permitting and environmental reviews of the
proposed facilities.
(b) Every applicant shall file all pertinent data and information
necessary for a full and complete understanding of the proposed project.
(c) Every requirement of this part will be considered as an
obligation of the applicant which can only be avoided by a definite and
positive showing that the information or data called for by the
applicable rules is not necessary for the consideration and ultimate
determination of the application.
(d) This part will be strictly applied to all applications and
information as submitted and the burden of adequate presentation in
intelligible form as well as justification for omitted data or
information rests with the applicant.
Sec. 50.3 Applications/pre-filing; rules and format.
(a) Filings are subject to the formal paper and electronic filing
requirements for proceedings before the Commission located in part 385
of this chapter.
(b) Applications, amendments, and all exhibits and other
submissions required to be furnished by an applicant to the Commission
under this part must be submitted in an original and 7 conformed
copies.
(c) When an application considered alone is incomplete and depends
vitally upon information in another application, it will not be
accepted for filing until the supporting application has been filed.
When applications are interdependent, they shall be filed concurrently.
(d) All filings must be signed in compliance with Sec. 385.2005 of
this chapter.
(e) The Commission will conduct a paper hearing on applications for
permits for electric transmission facilities.
(f) Permitting entities will be subject to the filing requirements
of this section and the prompt and binding intermediate milestones and
ultimate deadlines established in the notice issued under Sec. 50.9.
(g) Any person submitting documents containing critical energy
infrastructure information must follow the procedures specified in
Sec. 388.113 of this chapter.
Sec. 50.4 Stakeholder participation.
A Project Participation Plan is required to ensure stakeholders
access to accurate and timely information on the proposed project and
permit application process.
(a) Project Participation Plan. An applicant must develop a Project
Participation Plan to be filed with the pre-filing materials under
Sec. 50.5(c)(7) of this part that:
(1) Identifies specific tools and actions to facilitate stakeholder
communications and public information, including an up-to-date project
Web site, and a readily accessible, single point of contact within the
company;
(2) Lists all central locations in each county throughout the
project area where the applicant will provide copies of all their
filings related to the proposed project; and
(3) Includes a description and schedule explaining how the
applicant intends to respond to requests for information from the
public as well as Federal, State, and tribal permitting agencies, and
other legal entities with local authorization requirements.
(b) Document availability. Within three business days of the date
the pre-filing materials are filed or application is issued a docket
number:
(1) Complete copies of the pre-filing and application materials
must be available in accessible central locations in each county
throughout the project area, either in paper or electronic format, and
(2) Complete copies of all filed materials must be available on the
project Web site.
(c) Project notification. (1) For all pre-filing and application
information filed under this part, the applicant must make a good faith
effort to notify: All affected landowners; landowners with a residence
within a quarter mile from the edge of the construction right-of-way of
the proposed project; towns and communities; permitting agencies; and
other local, State, tribal, and Federal governments and agencies
involved in the project:
(i) By certified or first class mail, sent:
(A) Within 14 days after the Director of the Office of Energy
Projects notifies the applicant of the commencement of the pre-filing
process under Sec. 50.5(d) of this part.
(B) Within 3 business days after the Commission notices the
application under Sec. 50.9.
(ii) By twice publishing a notice of the pre-filing request and
application filings, no later than 14 days after the date that a docket
number is assigned for the pre-filing process or to the application, in
a daily or weekly newspaper of general circulation in each county in
which the project is located.
(2) Contents of participation notice:
(i) The pre-filing request notification must, at a minimum, include:
(A) The docket number assigned to the proceeding;
(B) The most recent edition of the Commission's pamphlet Electric
Transmission Facilities Permit Process. The newspaper notice need only
refer to the pamphlet and indicate that it is available on the
Commission's Web site;
(C) A description of the applicant and the proposed project, its
location (including a general location map), its purpose, and the
timing of the project;
(D) A general description of the property the applicant will need
from an affected landowner if the project is approved, how to contact
the applicant, including a local or toll-free phone number, the name of
a specific person to contact who is knowledgeable about the project,
and a reference to the project Web site. The newspaper notice need not
include a description of the property, but should indicate that a
separate notice is being mailed to affected landowners and governmental
entities;
(E) A brief summary of what rights the affected landowner has at
the Commission and in proceedings under the eminent domain rules of the
relevant State. The newspaper notice does not need to include this summary;
(F) Information on how to get a copy of the pre-filing information
or application from the company or the location(s) where a copy of the
application may be found as specified in paragraph (b) of this section;
[[Page 36267]]
(G) A copy of the Director of the Office of Energy Projects'
notification of commencement of the pre-filing process, the
Commission's Internet address, and the telephone number for the
Commission's Office of External Affairs; and
(H) Information explaining the pre-filing and application process
and when and how to intervene in the application proceedings.
(ii) The application notification must include the Commission's
notice issued under Sec. 50.9.
(3) If, for any reason, an stakeholder is not identified when the
notices under this paragraph are sent or published, the applicant must
supply the information required under paragraphs (c)(2)(i) and (ii) of
this section when the stakeholder is identified.
(4) If the notification is returned as undeliverable, the applicant
will make a reasonable attempt to find the correct address and notify
the stakeholder.
(5) Access to critical energy infrastructure information is subject
to the requirements of Sec. 388.113 of this chapter.
Sec. 50.5 Pre-filing procedures.
(a) Introduction. Any applicant seeking a permit to site new
electric transmission facilities or modify existing facilities must
comply with this section's pre-filing procedures prior to filing an
application for Commission review.
(b) Initial consultation. An applicant must meet and consult with
the Director of the Office of Energy Projects concerning the proposed
project.
(1) At the initial consultation meeting, the applicant shall be
prepared to discuss the nature of the project, the contents of the pre-
filing request, and the status of the applicant's progress toward
obtaining the information required for the pre-filing request described
in paragraph (c) of this section.
(2) The initial consultation meeting will also include a discussion
of whether a third-party contractor is likely to be needed for the
project and the specifications for the applicant's solicitation for
prospective third-party contractors to prepare the environmental
documentation for the project.
(c) Contents of the initial filing. An applicant's initial pre-
filing request will be filed after the initial consultation and must
include the following information:
(1) A description of the schedule desired for the project,
including the expected application filing date, desired date for
Commission approval, and proposed project operation date.
(2) A detailed description of the project, including location maps
and plot plans to scale showing all major components, including a
description of zoning and site availability for any permanent facilities.
(3) A list of the permitting entities responsible for conducting
separate Federal permitting and environmental reviews and
authorizations for the project, including contact names and telephone
numbers, and a list of local entities with local authorization
requirements. The filing shall include information concerning:
(i) How the applicant intends to account for each of the permitting
and local entity's permitting and environmental review schedules,
including its progress in DOE's pre-application process; and
(ii) When the applicant proposes to file with these permitting and
local entities for the respective permits or other authorizations.
(4) A list of other stakeholders that have been contacted, or have
contacted the applicant, about the project (include contact names and
telephone numbers), including a list specifying all affected landowners.
(5) A description of what other work has already been done,
including, contacting stakeholders, agency and Indian tribe
consultations, project engineering, route planning, environmental and
engineering contractor engagement, environmental surveys/studies, and
open houses. This description also must include the identification of
the environmental and engineering firms and sub-contractors under
contract to develop the project.
(6) Proposals for at least three prospective third-party
contractors from which Commission staff may make a selection to assist
in the preparation of the requisite NEPA document, if the Director of
the Office of Energy Projects determined a third-party contractor would
be necessary in the Initial Consultation meeting.
(7) A proposed Project Participation Plan, required in Sec. 50.4(a).
(d) Director's notice. (1) When the Director of the Office of
Energy Projects finds that an applicant for authority to site and
construct an electric transmission facility has adequately addressed
the requirements of paragraphs (a), (b), and (c) of this section, and
any other requirements determined at the Initial Consultation meeting,
the Director of the Office of Energy Projects will so notify the applicant.
(i) The notification will designate the third-party contractor, and
(ii) The pre-filing process will be deemed to have commenced on the
date of the Director of the Office of Energy Projects' notification.
(2) If the Director of the Office of Energy Projects determines
that the contents of the initial filing requirements are insufficient,
the applicant will be notified and given a reasonable time to correct
the deficiencies.
(e) Subsequent filing requirements. Upon the Director of the Office
of Energy Projects' issuance of a notice commencing an applicant's pre-
filing process, the applicant must:
(1) Within 7 days, finalize and file the Project Participation
Plan, as defined in Sec. 50.4(a), and establish the dates and
locations at which the applicant will conduct meetings with
stakeholders and Commission staff.
(2) Within 14 days, finalize the contract with the selected third-
party contractor, if applicable.
(3) Within 14 days:
(i) Provide all stakeholders with a copy of the Director of the
Office of Energy Project's notification commencing the pre-filing process;
(ii) Notify affected landowners in compliance with the requirements
of Sec. 50.4(c); and
(iii) Notify permitting entities and request information detailing
the permitting entities need for any specific information not required
by the Commission in the resource reports required under Sec. 380.16
of this chapter that they may require to reach a decision concerning
the proposed project. The responses must be filed with the Commission
as well as the applicant.
(4) Within 30 days, submit a mailing list of all stakeholders
contacted in paragraph (e)(3) of this section, including the names of
the Federal, State, tribal, and local jurisdictions' representatives,
if available, for the proposed project and alternatives. The list must
include information concerning affected landowner notifications that
were returned as undeliverable.
(5) Within 30 days, file a summary of the project alternatives
considered or under consideration.
(6) Within 30 days, file an updated list of all Federal, State,
tribal, and local agencies permits and authorizations that are
necessary to construct the proposed facilities. The list must include:
(i) A schedule detailing when the applications for the permits and
authorizations will be submitted (or were submitted);
(ii) Copies of all filed applications; and
[[Page 36268]]
(iii) The status of the required permit or authorization and of the
Secretary of Energy's pre-application process being conducted under
section 216(h)(4)(C) of the Federal Power Act.
(7) Within 60 days, file the draft resource reports required in
Sec. 380.16 of this chapter.
(8) On a monthly basis, file status reports detailing the
applicant's project activities including surveys, stakeholder
communications, and agency and tribe meetings, including updates on the
status of other required permits or authorizations. If the applicant
fails to respond to any request for additional information, fails to
provide sufficient information, or is not making sufficient progress
towards completing the pre-filing process, the Director of the Office
of Energy Projects may issue a notice terminating the process.
(f) Concluding the pre-filing process. The Director of the Office
of Energy Projects will determine when the information gathered during
the pre-filing process is complete, after which the applicant may file
an application. An application must contain all the information
specified by the Commission staff after reviewing the draft materials
filed by the applicant during the prefiling process, including the
environmental material required in part 380 of this chapter and
exhibits required in Sec. 50.7.
Sec. 50.6 Applications: general content.
Each application filed under this part must provide the following
information:
(a) The exact legal name of applicant; its principal place of
business; whether the applicant is an individual, partnership,
corporation, or otherwise; the State laws under which the applicant is
organized or authorized; and the name, title, and mailing address of
the person or persons to whom communications concerning the application
are to be addressed.
(b) A concise description of applicant's existing operations.
(c) A concise general description of the proposed project
sufficient to explain its scope and purpose. The description must, at a
minimum: Describe the proposed geographic location of the principal
project features and the planned routing of the transmission line;
contain the general characteristics of the transmission line including
voltage, types of towers, origin and termination point of the
transmission line, and the geographic character of area traversed by
the line; and be accompanied by an overview map of sufficient scale to
show the entire transmission route on one or a few 8.5 by 11-inch sheets.
(d) Verification that the proposed route lies within a national
interest electric transmission corridor designated by the Secretary of
the Department of Energy under section 216 of the Federal Power Act.
(e) A demonstration that the facilities to be authorized by the
permit will be used for the transmission of electric energy in
interstate commerce, and that the proposed construction or modification:
(1) Is consistent with the public interest;
(2) Will significantly reduce transmission congestion in interstate
commerce and protects or benefits consumers;
(3) Is consistent with sound national energy policy and will
enhance energy interdependence; and
(4) Will maximize, to the extent reasonable and economical, the
transmission capabilities of existing towers or structures.
(f) A description of the proposed construction and operation of the
facilities, including the proposed dates for the beginning and
completion of construction and the commencement of service.
(g) A general description of project financing.
(h) A full statement as to whether any other application to
supplement or effectuate the applicant's proposals must be or is to be
filed by the applicant, any of the applicant's customers, or any other
person, with any other Federal, State, tribal, or other regulatory
body; and if so, the nature and status of each such application.
(i) A table of contents that must list all exhibits and documents
filed in compliance with this part, as well as all other documents and
exhibits otherwise filed, identifying them by their appropriate titles
and alphabetical letter designations. The alphabetical letter
designations specified in the sections (section for the exhibits) must
be strictly adhered to and extra exhibits submitted at the volition of
applicant must be designated in sequence under the letter Z (Z1, Z2,
Z3, etc.).
(j) A form of notice suitable for publication in the Federal
Register, as contemplated by Sec. 50.9(a), which will briefly
summarize the facts contained in the application in such a way as to
acquaint the public with its scope and purpose. The form of notice must
also include the name, address, and telephone number of an authorized
contact person.
Sec. 50.7 Applications: exhibits.
Each exhibit must contain a title page showing the applicant's
name, title of the exhibit, the proper letter designation of the
exhibit, and, if 10 or more pages, a table of contents, citing by page,
section number or subdivision, the component elements or matters
contained in the exhibit.
(a) Exhibit A--Articles of incorporation and bylaws. If the
applicant is not an individual, a conformed copy of its articles of
incorporation and bylaws, or other similar documents.
(b) Exhibit B--State authorization. For each State where the
applicant is authorized to do business, a statement showing the date of
authorization, the scope of the business the applicant is authorized to
carry on and all limitations, if any, including expiration dates and
renewal obligations. A conformed copy of applicant's authorization to
do business in each State affected must be supplied upon request.
(c) Exhibit C--Company officials. A list of the names and business
addresses of the applicant's officers and directors, or similar
officials if the applicant is not a corporation.
(d) Exhibit D--Other pending applications and filings. A list of
other applications and filings submitted by the applicant that are
pending before the Commission at the time of the filing of an
application and that directly and significantly affect the proposed
project, including an explanation of any material effect the grant or
denial of those other applications and filings will have on the
application and of any material effect the grant or denial of the
application will have on those other applications and filings.
(e) Exhibit E--Maps of general location of facilities. The general
location map required under Sec. 50.5(c) must be provided as Exhibit
E. Detailed maps required by other exhibits must be filed in those
exhibits, in a format determined during the initial consultation
required under Sec. 50.5(b).
(f) Exhibit F--Environmental report. An environmental report as
specified in Sec. Sec. 380.3 and 380.16 of this chapter. The applicant
must submit all appropriate revisions to Exhibit F whenever route or
site changes are filed. These revisions must identify the locations by
mile post and describe all other specific differences resulting from
the route or site changes, and should not simply provide revised totals
for the resources affected. The format of the environmental report
filing will be determined as part of the initial consultation meeting
required under Sec. 50.5(b).
(g) Exhibit G--Engineering data. (1) A detailed project description
including:
[[Page 36269]]
(i) Name and destination of the project;
(ii) Design voltage rating (kV);
(iii) Operating voltage rating (kV);
(iv) Normal peak operating current rating;
(v) Line design features for minimizing television and/or radio
interference cause by operation of the proposed facilities;
(vi) Line design features that minimize audible noise during fog/
rain caused by operation of the proposed facilities, including
comparing expected audible noise levels to the applicable Federal,
State, and local requirements.
(2) A conductor, structures, and substations description including:
(i) Conductor size and type;
(ii) Type of structures;
(iii) Height of typical structures;
(iv) An explanation why these structures were selected;
(v) Dimensional drawings of the typical structures to be used in
the project; and
(vi) A list of the names of all new (and existing if applicable)
substations or switching stations that will be associated with the
proposed new transmission line.
(3) The location of the site and right-of-way including:
(i) Miles of right-of-way;
(ii) Miles of circuit;
(iii) Width of the right-of-way;
(iv) A brief description of the area traversed by the proposed
transmission line, including a description of the general land uses in
the area and the type of terrain crossed by the proposed line;
(v) Assumptions, bases, formulae, and methods used in the
development and preparation of the diagrams and accompanying data; and
(vi) A technical description providing the following information:
(A) Number of circuits, with identification as to whether the
circuit is overhead or underground;
(B) The operating voltage and frequency; and
(C) Conductor size, type and number of conductors per phase.
(4) If the proposed interconnection is an overhead line, the
following additional information also must be provided:
(i) The wind and ice loading design parameters;
(ii) A full description and drawing of a typical supporting
structure including strength specifications;
(iii) Structure spacing with typical ruling and maximum spans;
(iv) Conductor (phase) spacing; and
(v) The designed line-to-ground and conductor-side clearances.
(5) If an underground or underwater interconnection is proposed,
the following additional information also must be provided:
(i) Burial depth;
(ii) Type of cable and a description of any required supporting
equipment, such as insulation medium pressurizing or forced cooling;
(iii) Cathodic protection scheme; and
(iv) Type of dielectric fluid and safeguards used to limit
potential spills in waterways.
(6) Technical diagrams that provide clarification of any of the
above items should be included.
(7) Any other data or information not previously identified that
has been identified as a minimum requirement for the siting of a
transmission line in the State the facility will be located.
(h) Exhibit H--System analysis data. An analysis evaluating the
impact the proposed facilities will have on the existing electric
transmission system performance, including:
(1) An analysis of the existing and expected congestion on the
electric transmission system.
(2) Power flow cases used to analyzes the proposed and future
transmission system under anticipated load growth, operating
conditions, variations in power import and export levels, and
additional transmission facilities required for system reliability. The
cases must:
(i) Provide all files to model normal, single contingency, multiple
contingency, and special protective systems, including the special
protective systems' automatic switching or load shedding system; and
(ii) State the assumptions, criteria, and guidelines upon which it
is based and must take into consideration transmission facility
loading; first contingency incremental transfer capability (FCITIC);
normal incremental transfer capability (NIYC); system protection; and
system stability.
(3) A stability analysis including study assumptions, criteria, and
guidelines used in the analysis, including load shedding allowables;
(4) A short circuit analysis for all power flow cases;
(5) A concise analysis to include:
(i) An explanation of how the proposed project will improve system
reliability over the long and short term;
(ii) An analysis of how the proposed project will impact the long
term regional transmission expansion plans;
(iii) An analysis of how the proposed project will impact
congestion on the applicant's entire system; and
(iv) A description of proposed high technology design features.
(6) Detailed single-line diagrams, including existing system
facilities identified by name and circuit number, that show system
transmission elements, in relation to the project and other principal
interconnected system elements as well as power flow and loss data that
represent system operating conditions.
(i) Exhibit I--Project cost and financing. (1) A statement of
estimated costs of any new construction or modification.
(2) The estimated capital cost and estimated annual operations and
maintenance expense of each proposed environmental measures; and
(3) A statement and evaluation of the consequences of denial of the
transmission line permit application.
(j) Exhibit J--Construction, operation, and management. A concise
statement providing arrangements for supervision, management,
engineering, accounting, legal, or other similar service to be rendered
in connection with the construction or operation of the project, if not
to be performed by employees of applicant, including reference to any
existing or contemplated agreements, together with a statement showing
affiliation between applicant and any parties to the agreements or
arrangements.
Sec. 50.8 Acceptance/rejection of applications.
(a) Applications will be docketed when received and the applicant
so advised.
(b) If an application patently fails to comply with applicable
statutory requirements or with applicable Commission rules,
regulations, and orders for which a waiver has not been granted, the
Director of the Office of Energy Projects may reject the application as
provided by Sec. 385.2001(b) of this chapter. This rejection is
without prejudice to an applicant's refiling a complete application.
However, an application will not be rejected solely on the basis that
the environmental reports are incomplete because the company has not
been granted access by affected landowners to perform required surveys.
(c) An application that relates to a construction or modification
for which a prior application has been filed and rejected, will be
docketed as a new application. The new application must state the
docket number of the prior rejected application.
Sec. 50.9 Notice of application.
(a) Notice of each application filed, except when rejected in
accordance with Sec. 50.8, will be issued and
[[Page 36270]]
subsequently published in the Federal Register.
(b) The notice will establish prompt and binding intermediate
milestones and ultimate deadlines for the coordination and review of,
and Federal authorization decisions relating to, the proposed facilities.
Sec. 50.10 Interventions.
Notices of applications, as provided by Sec. 50.9, will fix the
time within which any person desiring to participate in the proceeding
may file a petition to intervene, and within which any interested
regulatory agency, as provided by Sec. 385.214 of this chapter,
desiring to intervene may file its notice of intervention.
Sec. 50.11 General conditions applicable to permits.
(a) The following terms and conditions, among others, as the
Commission will find is required by the public interest, will attach to
the issuance of each permit and to the exercise of the rights granted
thereunder.
(b) The permit will be void and without force or effect unless
accepted in writing by the permitee within 30 days from the issue date
of the order issuing such permit.
(c) Standards of construction and operation. In determining
standard practice, the Commission will be guided by the provisions of
the American National Standards Institute, Incorporated, the National
Electrical Safety Code, and any other codes and standards that are
generally accepted by the industry, except as modified by this
Commission or by municipal regulators within their jurisdiction. Each
electric utility will construct, install, operate, and maintain its
plant, structures, equipment, and lines in accordance with these
standards, and in such manner to best accommodate the public, and to
prevent interference with service furnished by other public utilities
insofar as practical.
(d) Written authorization must be obtained from the Director of the
Office of Energy Projects prior to commencing construction of the
facilities or initiating operations. Requests for such authorizations
must demonstrate compliance with all terms and conditions of the
construction permit.
(e) Any authorized construction or modification must be completed
and made available for service by the permitee within a period of time
to be specified by the Commission in each order issuing the
transmission line construction permit. If facilities are not completed
within the specified timeframe, the permittee must file for an
extension of time under Sec. 385.2008 of this chapter.
(f) A permittee must file with the Commission, in writing and under
oath, an original and four conformed copies, as provided in Sec.
385.2011 of this chapter, of the following:
(1) Within ten days after the bona fide beginning of construction,
notice of the date of the beginning; and
(2) Within ten days after authorized facilities have been
constructed and placed in service, notice of the date of the completion
of construction and commencement of service.
(g) The permit issued to the applicant may be transferred, subject
to the approval of the Commission, to a person who agrees to comply
with the terms, limitations or conditions contained in the filing and
in every subsequent Order issued thereunder. A permit holder seeking to
transfer a permit must file with the Secretary a petition for approval
of the transfer. The petition must:
(1) State the reasons supporting the transfer;
(2) Show that the transferee is qualified to carry out the
provisions of the permit and any Orders issued under the permit;
(3) Be verified by all parties to the proposed transfer;
(4) Be accompanied by a copy of the proposed transfer agreement;
(5) Be accompanied by an affidavit of service of a copy on the
parties to the certification proceeding; and
(6) Be accompanied by an affidavit of publication of a notice
concerning the petition and service of such notice on all affected
landowners that have executed agreements to convey property rights to
the transferee and all other persons, municipalities or agencies
entitled by law to be given notice of, or be served with a copy of, any
application to construct a major electric generation facility.
(h) The Commission will not issue a permit before the criteria
established in Federal Power Act section 216(b)(1)(C) have been met.
PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT
2. The authority citation for part 380 continues to read as follows:
Authority: 42 U.S.C. 4321-4370a, 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.
3. Section 380.3 is amended by revising paragraphs (a) introductory
text and (b) introductory text, and by adding a new paragraph (c)(3) to
read as follows:
Sec. 380.3 Environmental information to be supplied by an applicant.
(a) An applicant must submit information as follows:
* * * * *
(b) An applicant must also:
* * * * *
(c) * * *
(3) Electric transmission project. For pre-filing requests and
applications filed under section 216 of the Federal Power Act
identified in Sec. Sec. 380.5(b)(14) and 380.6(a)(5).
4. Amend Sec. 380.5 by revising paragraphs (b)(11), (b)(12), and
(b)(13), and by adding a new paragraph (b)(14) to read as follows:
Sec. 380.5 Actions that require an environmental assessment.
(b) * * *
(11) Approval of electric interconnections and wheeling under
sections 202(b), 210, 211, and 212 of the Federal Power Act, unless
excluded under Sec. 380.4(a)(17);
(12) Regulations or proposals for legislation not included under
Sec. 380.4(a)(2);
(13) Surrender of water power licenses and exemptions where project
works exist or ground disturbing activity has occurred and amendments
to water power licenses and exemptions that require ground disturbing
activity or changes to project works or operations; and
(14) Except as identified in Sec. 380.6, authorization to site new
electric transmission facilities under section 216 of the Federal Power
Act and DOE Delegation Order No. 00-004.00A.
5. Amend Sec. 380.6 by revising paragraphs (a)(3) and (a)(4) and
by adding a new paragraph (a)(5) to read as follows:
Sec. 380.6 Actions that require an environmental impact statement.
(a) * * *
(3) Major pipeline construction projects under section 7 of the
Natural Gas Act using right-of-way in which there is no existing
natural gas pipeline;
(4) Licenses under Part I of the Federal Power Act and Part 4 of
this chapter for construction of any unconstructed water power
projects; and
(5) Major electric transmission facilities under section 216 of the
Federal Power Act and DOE Delegation Order No. 00-004.00A using right-
of-way in which there is no existing facility.
* * * * *
6. Section 380.8 is revised to read as follows:
[[Page 36271]]
Sec. 380.8 Preparation of environmental documents.
The preparation of environmental documents, as defined in Sec.
1508.10 of the regulations of the Council, on hydroelectric projects,
natural gas facilities, and electric transmission facilities in
national interest electric transmission corridors is the responsibility
of the Commission's Office of Energy Projects, 888 First Street, NE.,
Washington, DC 20426, (202) 219-8700. Persons interested in status
reports or information on environmental impact statements or other
elements of the NEPA process, including the studies or other information
the Commission may require on these projects, can contact this office.
7. Section 380.10 is amended by adding paragraph (a)(2)(iii) to
read as follows:
Sec. 380.10 Participation in Commission proceeding.
(a) * * *
(2) * * *
(iii) Commission pre-filing activities commenced under Sec. Sec.
157.21 and 50.5 of this chapter, respectively, are not considered
proceedings under part 385 of this chapter and are not open to motions
to intervene. Once an application is filed under part 157 subpart A or
part 50 of this chapter, any person may file a motion to intervene in
accordance with Sec. 157.10 or Sec. 50.10 of this chapter or in
accordance with this section.
* * * * *
8. Amend Sec. 380.15 by revising paragraph (c), the heading in
paragraph (d), and paragraph (f)(5) to read as follows:
Sec. 380.15 Siting and maintenance requirements.
* * * * *
(c) Safety regulations. The requirements of this paragraph do not
affect a project sponsor's obligations to comply with safety
regulations of the U.S. Department of Transportation and recognized
safe engineering practices for Natural Gas Act projects and the
National Electric Safety Code for section 216 Federal Power Act projects.
(d) Pipeline and electric transmission facilities construction. * *
*
* * * * *
(f) * * *
(5) For Natural Gas Act projects, the site of above-ground
facilities which are visible from nearby residences or public areas,
should be planted in trees and shrubs, or other appropriate landscaping
and should be installed to enhance the appearance of the facilities,
consistent with operating needs.
9. A new Sec. 380.16 is added to read as follows:
Sec. 380.16 Environmental reports for section 216 Federal Power Act
Permits.
(a) Introduction. (1) The applicant must submit an environmental
report with any application that proposes the construction or
modification of any facility identified in Sec. 380.3(c)(3). The
environmental report must include the eleven resource reports and
related material described in this section.
(2) The detail of each resource report must be commensurate with
the complexity of the proposal and its potential for environmental
impact. Each topic in each resource report must be addressed or its
omission justified, unless the data is not required for that type of
proposal. If material required for one resource report is provided in
another resource report or in another exhibit, it may be cross
referenced. If any resource report topic is required for a particular
project but is not provided at the time the application is filed, the
environmental report must explain why it is missing and when the
applicant anticipates it will be filed.
(b) General requirements. As appropriate, each resource report shall:
(1) Address conditions or resources that are likely to be directly
or indirectly affected by the project;
(2) Identify significant environmental effects expected to occur as
a result of the project;
(3) Identify the effects of construction, operation (including
maintenance and malfunctions), as well as cumulative effects resulting
from existing or reasonably foreseeable projects;
(4) Identify measures proposed to enhance the environment or to
avoid, mitigate, or compensate for adverse effects of the project; and
(5) Provide a list of publications, reports, and other literature
or communications, including agency contacts that were cited or relied
upon to prepare each report. This list must include the names and
titles of the persons contacted, their affiliations, and telephone numbers.
(6) Whenever this section refers to ``mileposts'' the applicant may
substitute ``survey centerline stationing'' if so preferred. However,
whatever method is chosen must be used consistently throughout the
resource reports.
(c) Resource Report 1--General project description. This report
must describe facilities associated with the project, special
construction and operation procedures, construction timetables, future
plans for related construction, compliance with regulations and codes,
and permits that must be obtained. Resource Report 1 must:
(1) Describe and provide location maps of all project facilities,
include all facilities associated with the project (such as
transmission line towers, substations, and any appurtenant facilities),
to be constructed, modified, replaced, or removed, including related
construction and operational support activities and areas such as
maintenance bases, staging areas, communications towers, power lines,
and new access roads (roads to be built or modified). As relevant, the
report must describe the length and size of the proposed transmission
line conductor cables, the types of appurtenant facilities that would
be constructed, and associated land requirements.
(2) Provide the following maps and photos:
(i) Current, original United States Geological Survey (USGS) 7.5-
minute series topographic maps or maps of equivalent detail, covering
at least a 0.5-mile-wide corridor centered on the electric transmission
facility centerline, with integer mileposts identified, showing the
location of rights-of-way, new access roads, other linear construction
areas, substations, and construction materials storage areas. Show
nonlinear construction areas on maps at a scale of 1:3,600 or larger
keyed graphically and by milepost to the right-of-way maps. In areas
where the facilities described in paragraph (j)(6) are located,
topographic map coverage must be expanded to depict those facilities.
(ii) Original aerial images or photographs or photo-based alignment
sheets based on these sources, not more than one year old (unless older
ones accurately depict current land use and development) and with a
scale of 1:6,000, or larger, showing the proposed transmission line
route and location of transmission line towers, substations and
appurtenant facilities, covering at least a 0.5 mile-wide corridor, and
including mileposts. The aerial images or photographs or photo-based
alignment sheets must show all existing transmission facilities located
in the area of the proposed facilities and the location of habitable
structures, radio transmitters and other electronic installations, and
airstrips. Older images/photographs/alignment sheets must be modified
to show any residences not depicted in the original. In areas where the
facilities described in paragraph (j)(6) of this section are located,
aerial photographic coverage
[[Page 36272]]
must be expanded to depict those facilities. Alternative formats (e.g.,
blue-line prints of acceptable resolution) need prior approval by the
environmental staff of the Office of Energy Projects.
(iii) In addition to the copies required under Sec. 50.3(b) of
this chapter, the applicant must send three additional copies of
topographic maps and aerial images/photographs directly to the
environmental staff of the Commission's Office of Energy Projects.
(3) Describe and identify by milepost, proposed construction and
restoration methods to be used in areas of rugged topography,
residential areas, active croplands and sites where explosives are
likely to be used.
(4) Identify the number of construction spreads, average workforce
requirements for each construction spread and estimated duration of
construction from initial clearing to final restoration, and any
identified constraints to the timing of construction.
(5) Describe reasonably foreseeable plans for future expansion of
facilities, including additional land requirements and the
compatibility of those plans with the current proposal.
(6) Describe all authorizations required to complete the proposed
action and the status of applications for such authorizations. Identify
environmental mitigation requirements specified in any permit or
proposed in any permit application to the extent not specified
elsewhere in this section.
(7) Provide the names and mailing addresses of all affected
landowners identified in Sec. 50.5(c)(4) of this chapter and certify
that all affected landowners will be notified as required in Sec.
50.4(c) of this chapter.
(d) Resource Report 2--Water use and quality. This report must
describe water quality and provide data sufficient to determine the
expected impact of the project and the effectiveness of mitigative,
enhancement, or protective measures. Resource Report 2 must:
(1) Identify and describe by milepost waterbodies and municipal
water supply or watershed areas, specially designated surface water
protection areas and sensitive waterbodies, and wetlands that would be
crossed. For each waterbody crossing, identify the approximate width,
State water quality classifications, any known potential pollutants
present in the water or sediments, and any potable water intake sources
within three miles downstream.
(2) Provide a description of site-specific construction techniques
that will be used at each major waterbody crossing.
(3) Describe typical staging area requirements at waterbody and
wetland crossings. Also, identify and describe waterbodies and wetlands
where staging areas are likely to be more extensive.
(4) Include National Wetland Inventory (NWI) maps. If NWI maps are
not available, provide the appropriate State wetland maps. Identify for
each crossing, the milepost, the wetland classification specified by
the U.S. Fish and Wildlife Service, and the length of the crossing.
Include two copies of the NWI maps (or the substitutes, if NWI maps are
not available) clearly showing the proposed route and mileposts.
Describe by milepost, wetland crossings as determined by field
delineations using the current Federal methodology.
(5) Identify aquifers within excavation depth in the project area,
including the depth of the aquifer, current and projected use, water
quality and average yield, and known or suspected contamination problems.
(6) Discuss proposed mitigation measures to reduce the potential
for adverse impacts to surface water, wetlands, or groundwater quality.
Discuss the potential for blasting to affect water wells, springs, and
wetlands, and measures to be taken to detect and remedy such effects.
(7) Identify the location of known public and private groundwater
supply wells or springs within 150 feet of proposed construction areas.
Identify locations of EPA or State-designated sole-source aquifers and
wellhead protection areas crossed by the proposed transmission line
facilities.
(e) Resource Report 3--Fish, wildlife, and vegetation. This report
must describe aquatic life, wildlife, and vegetation in the vicinity of
the proposed project; expected impacts on these resources including
potential effects on biodiversity; and proposed mitigation,
enhancement, or protection measures. Resource Report 3 must:
(1) Describe commercial and recreational warmwater, coldwater, and
saltwater fisheries in the affected area and associated significant
habitats such as spawning or rearing areas and estuaries.
(2) Describe terrestrial habitats, including wetlands, typical
wildlife habitats, and rare, unique, or otherwise significant habitats
that might be affected by the proposed action. Describe typical species
that have commercial, recreational, or aesthetic value.
(3) Describe and provide the affected acreage of vegetation cover
types that would be affected, including unique ecosystems or
communities such as remnant prairie or old-growth forest, or
significant individual plants, such as old-growth specimen trees.
(4) Describe the impact of construction and operation on aquatic
and terrestrial species and their habitats, including the possibility
of a major alteration to ecosystems or biodiversity, and any potential
impact on State-listed endangered or threatened species. Describe the
impact of maintenance, clearing and treatment of the project area on
fish, wildlife, and vegetation. Surveys may be required to determine
specific areas of significant habitats or communities of species of
special concern to State, tribal, or local agencies.
(5) Identify all federally listed or proposed threatened or
endangered species and critical habitat that potentially occur in the
vicinity of the project. Discuss the results of the consultation
requirements listed in Sec. 380.13(b) through Sec. 380.13(b)(5)(i)
and include any written correspondence that resulted from the
consultation. The initial application must include the results of any
required surveys unless seasonal considerations make this impractical.
If species surveys are impractical, there must be field surveys to
determine the presence of suitable habitat unless the entire project
area is suitable habitat.
(6) Identify all federally listed essential fish habitat (EFH) that
potentially occurs in the vicinity of the project. Provide information
on all EFH, as identified by the pertinent Federal fishery management
plans, that may be adversely affected by the project and the results of
abbreviated consultations with NMFS, and any resulting EFH assessments.
(7) Describe site-specific mitigation measures to minimize impacts
on fisheries, wildlife, and vegetation.
(8) Include copies of correspondence not provided under paragraph
(e)(5) of this section, containing recommendations from appropriate
Federal and State fish and wildlife agencies to avoid or limit impact
on wildlife, fisheries, and vegetation, and the applicant's response to
the recommendations.
(f) Resource Report 4--Cultural resources. In order to prepare this
report, the applicant must follow the principles in Sec. 380.14.
(1) Resource Report 4 must contain:
(i) Documentation of the applicant's initial cultural resources
consultation, including consultations with Native Americans and other
interested persons (if appropriate);
(ii) Overview and Survey Reports, as appropriate;
(iii) Evaluation Report, as appropriate;
[[Page 36273]]
(iv) Treatment Plan, as appropriate; and
(v) Written comments from State Historic Preservation Officer(s)
(SHPO), Tribal Historic Preservation Officers (THPO), as appropriate,
and applicable land-managing agencies on the reports in paragraphs
(f)(1)(i) through (iv) of this section.
(2) The initial application or pre-filing documents, as applicable,
must include the documentation of initial cultural resource
consultation, the Overview and Survey Reports, if required, and written
comments from SHPOs, THPOs, and land-managing agencies, if available.
The initial cultural resources consultations should establish the need
for surveys. If surveys are deemed necessary by the consultation with
the SHPO/THPO, the survey report must be filed with the initial
application or pre-filing documents.
(i) If the comments of the SHPOs, THPOs, or land-management
agencies are not available at the time the application is filed, they
may be filed separately, but they must be filed before a permit is issued.
(ii) If landowners deny access to private property and certain
areas are not surveyed, the unsurveyed area must be identified by
mileposts, and supplemental surveys or evaluations must be conducted
after access is granted. In those circumstances, reports, and treatment
plans, if necessary, for those inaccessible lands may be filed after a
permit is issued.
(3) The Evaluation Report and Treatment Plan, if required, for the
entire project must be filed before a permit is issued.
(i) In preparing the Treatment Plan, the applicant must consult
with the Commission staff, the SHPO, and any applicable THPO and land-
management agencies.
(ii) Authorization to implement the Treatment Plan will occur only
after the permit is issued.
(4) Applicant must request privileged treatment for all material
filed with the Commission containing location, character, and ownership
information about cultural resources in accordance with Sec. 388.112
of this chapter. The cover and relevant pages or portions of the report
should be clearly labeled in bold lettering: ``CONTAINS PRIVILEGED
INFORMATION--DO NOT RELEASE.''
(5) Except as specified in a final Commission order, or by the
Director of the Office of Energy Projects, construction may not begin
until all cultural resource reports and plans have been approved.
(g) Resource Report 5--Socioeconomics. This report must identify
and quantify the impacts of constructing and operating the proposed
project on factors affecting towns and counties in the vicinity of the
project. Resource Report 5 must:
(1) Describe the socioeconomic impact area;
(2) Evaluate the impact of any substantial immigration of people on
governmental facilities and services and plans to reduce the impact on
the local infrastructure;
(3) Describe on-site manpower requirements and payroll during
construction and operation, including the number of construction
personnel who currently reside within the impact area, will commute
daily to the site from outside the impact area, or will relocate
temporarily within the impact area;
(4) Determine whether existing housing within the impact area is
sufficient to meet the needs of the additional population;
(5) Describe the number and types of residences and businesses that
will be displaced by the project, procedures to be used to acquire
these properties, and types and amounts of relocation assistance payments;
(6) Conduct a fiscal impact analysis evaluating incremental local
government expenditures in relation to incremental local government
revenues that will result from construction of the project. Incremental
expenditures include, but are not limited to, school operating costs,
road maintenance and repair, public safety, and public utility costs;
and
(7) Conduct a property value impact analysis for residential
properties located adjacent or abutting to the proposed right-of-way of
the proposed transmission line facilities. The analysis must include
estimates of residential property values both prior to and subsequent
to transmission line construction. The analysis must state the
assumptions made and the methodology used to conduct the analysis.
(h) Resource Report 6--Geological resources. This report must
describe geological resources and hazards in the project area that
might be directly or indirectly affected by the proposed action or that
could place the proposed facilities at risk, the potential effects of
those hazards on the facility, and methods proposed to reduce the
effects or risks. Resource Report 6 must:
(1) Describe, by milepost, mineral resources that are currently or
potentially exploitable;
(2) Describe, by milepost, existing and potential geological
hazards and areas of nonroutine geotechnical concern, such as high
seismicity areas, active faults, and areas susceptible to soil
liquefaction; planned, active, and abandoned mines; karst terrain; and
areas of potential ground failure, such as subsidence, slumping, and
landsliding. Discuss the hazards posed to the facility from each one;
(3) Describe how the project will be located or designed to avoid
or minimize adverse effects to the resources or risk to itself,
including geotechnical investigations and monitoring that would be
conducted before, during, and after construction. Discuss also the
potential for blasting to affect structures, and the measures to be
taken to remedy such effects;
(4) Specify methods to be used to prevent project-induced
contamination from surface mines or from mine tailings along the right-
of-way and whether the project would hinder mine reclamation or
expansion efforts.
(i) Resource Report 7--Soils. This report must describe the soils
that will be affected by the proposed project, the effect on those
soils, and measures proposed to minimize or avoid impact. Resource
Report 7 must:
(1) List, by milepost, the soil associations that would be crossed
and describe the erosion potential, fertility, and drainage
characteristics of each association.
(i) List the soil series within the transmission line right-of-way
and the percentage of the property comprised of each series;
(ii) List the percentage of each series that will be permanently
disturbed;
(iii) Describe the characteristics of each soil series; and
(iv) Indicate which are classified as prime or unique farmland by
the U.S. Department of Agriculture, Natural Resources Conservation
Service.
(2) Identify, by milepost, potential impact from: Soil erosion due
to water, wind, or loss of vegetation; soil compaction and damage to
soil structure resulting from movement of construction vehicles; wet
soils and soils with poor drainage that are especially prone to
structural damage; damage to drainage tile systems due to movement of
construction vehicles and trenching activities; and interference with
the operation of agricultural equipment due to the possibility of large
stones or blasted rock occurring on or near the surface as a result of
construction; and
(3) Identify, by milepost, cropland, and residential areas where
loss of soil fertility due to construction activity can occur.
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(j) Resource Report 8--Land use, recreation, and aesthetics. This
report must describe the existing uses of land on, and (where
specified) within 0.25 mile of the edge of the proposed transmission
line right-of-way and changes to those land uses that will occur if the
project is approved. The report must discuss proposed mitigation
measures, including protection and enhancement of existing land use.
Resource Report 8 must:
(1) Describe the width and acreage requirements of all construction
and permanent rights-of-way required for project construction,
operation and maintenance;
(i) List, by milepost, locations where the proposed right-of-way
would be adjacent to existing rights-of-way of any kind;
(ii) Identify, preferably by diagrams, existing rights-of-way that
will be used for a portion of the construction or operational right-of-
way, the overlap and how much additional width will be required;
(iii) Identify the total amount of land to be purchased or leased
for each project facility, the amount of land that would be disturbed
for construction, operation, and maintenance of the facility, and the
use of the remaining land not required for project operation and
maintenance, if any; and
(iv) Identify the size of typical staging areas and expanded work
areas, such as those at railroad, road, and waterbody crossings, and
the size and location of all construction materials storage yards and
access roads.
(2) Identify, by milepost, the existing use of lands crossed by the
proposed transmission facility, or on or adjacent to each proposed
project facility;
(3) Describe planned development on land crossed or within 0.25
mile of proposed facilities, the time frame (if available) for such
development, and proposed coordination to minimize impacts on land use.
Planned development means development which is included in a master
plan or is on file with the local planning board or the county;
(4) Identify, by milepost and length of crossing, the area of
direct effect of each proposed facility and operational site on sugar
maple stands, orchards and nurseries, landfills, operating mines,
hazardous waste sites, wild and scenic rivers, designated trails,
nature preserves, game management areas, remnant prairie, old-growth
forest, national or State forests, parks, golf courses, designated
natural, recreational or scenic areas, or registered natural landmarks,
Native American religious sites and traditional cultural properties to
the extent they are known to the public at large, and reservations,
lands identified under the Special Area Management Plan of the Office
of Coastal Zone Management, National Oceanic and Atmospheric
Administration, and lands owned or controlled by Federal or State
agencies or private preservation groups. Also identify if any of those
areas are located within 0.25 mile of any proposed facility.
(5) Tribal resources. Describe Indian tribes, tribal lands, and
interests that may be affected by the project.
(i) Identify Indian tribes that may attach religious and cultural
significance to historic properties within the project right-of-way or
in the project vicinity, as well as available information on Indian
traditional cultural and religious properties, whether on or off of any
federally-recognized Indian reservation.
(ii) Information made available under this section must delete
specific site or property locations, the disclosure of which will
create a risk of harm, theft, or destruction of archaeological or
Native American cultural resources or to the site at which the
resources are located, or which would violate any Federal law,
including the Archaeological Resources Protection Act of 1979, 16
U.S.C. 470w-3, and the National Historic Preservation Act of 1966, 16
U.S.C. 470hh.
(6) Identify, by milepost, all residences and buildings within 200
feet of the edge of the proposed transmission line construction right-
of-way and the distance of the residence or building from the edge of
the right-of-way. Provide survey drawings or alignment sheets to
illustrate the location of the transmission facilities in relation to
the buildings:
(i) Buildings. List all single-family and multi-family dwellings
and related structures, mobile homes, apartment buildings, commercial
structures, industrial structures, business structures, churches,
hospitals, nursing homes, schools, or other structures normally
inhabited by humans or intended to be inhabited by humans on a daily or
regular basis within 0.5-mile-wide corridor centered on the proposed
transmission line alignment. Provide a general description of each
habitable structure and its distance from the centerline of the
proposed project. In cites, towns, or rural subdivisions, houses can be
identified in groups. Provide the number of habitable structures in
each group and list the distance from the centerline to the closest
habitable structure in the group;
(ii) Electronic installations. List all commercial AM radio
Transmitters located within 10,000 feet of the centerline of the
proposed project and all FM radio transmitters, microwave relay
stations, or other similar electronic installations located within
2,000 feet of the centerline of the proposed project. Provide a general
description of each installation and its distance from the centerline
of the projects. Locate all installations on a routing map; and
(iii) Airstrips. List all known private airstrips within 10,000
feet of the centerline of the project. List all airports registered
with the Federal Aviation Administration (FAA) with at least one runway
more than 3,200 feet in length that are located within 20,000 feet of
the centerline of the proposed project. Indicate whether any
transmission structures will exceed a 100:1 horizontal slope (one foot
in height for each 100 feet in distance) from the closest point of the
closest runway. List all airports registered with the FAA having no
runway more than 3,200 feet in length that are located within 10,000
feet of the centerline of the proposed project. Indicate whether any
transmission structures will exceed a 50:1 horizontal slope from the
closest point of the closest runway. List all heliports located within
5,000 feet of the centerline of the proposed project. Indicate whether
any transmission structures will exceed a 25:1 horizontal slope from
the closest point of the closest landing and takeoff area of the
heliport. Provide a general description of each private airstrip,
registered airport, and registered heliport, and state the distance of
each from the centerline of the proposed transmission Line. Locate all
airstrips, airports, and heliports on a routing map.
(7) Describe any areas crossed by or within 0.25 mile of the
proposed transmission project facilities which are included in, or are
designated for study for inclusion in: The National Wild and Scenic
Rivers System (16 U.S.C. 1271); The National Trails System (16 U.S.C.
1241); or a wilderness area designated under the Wilderness Act (16
U.S.C. 1132);
(8) For facilities within a designated coastal zone management
area, provide a consistency determination or evidence that the
applicant has requested a consistency determination from the State's
coastal zone management program;
(9) Describe the impact the project will have on present uses of
the affected area as identified above, including commercial uses,
mineral resources, recreational areas, public health and safety, and
the aesthetic value of the land and its features. Describe any
[[Page 36275]]
temporary or permanent restrictions on land use resulting from the project;
(10) Describe mitigation measures intended for all special use
areas identified under this section;
(11) Describe the visual characteristics of the lands and waters
affected by the project. Components of this description include a
description of how the transmission line project facilities will impact
the visual character of project right-of-way and surrounding vicinity,
and measures proposed to lessen these impacts. Applicants are
encouraged to supplement the text description with visual aids; and
(12) Demonstrate that applications for rights-of-way or other
proposed land use have been or soon will be filed with Federal land-
management agencies with jurisdiction over land that would be affected
by the project.
(k) Resource Report 9--Alternatives. This report must describe
alternatives to the project and compare the environmental impacts of
such alternatives to those of the proposal. It must discuss
technological and procedural constraints, costs, and benefits of each
alternative. The potential for each alternative to meet project
purposes and the environmental consequences of each alternative shall
be discussed. Resource Report 9 must:
(1) Discuss the ``no action'' alternative and other alternatives
given serious consideration to achieve the proposed objectives.
(2) Provide an analysis of the relative environmental benefits and
impacts of each such alternative.
(3) Describe alternative routes or locations considered for each
facility during the initial screening for the project:
(i) For alternative routes considered in the initial screening for
the project but eliminated, describe the environmental characteristics
of each route or site, and the reasons for rejecting it. Identify the
location of such alternatives on maps of sufficient scale to depict
their location and relationship to the proposed action, and the
relationship of the transmission facilities to existing rights-of-way;
and
(ii) For alternative routes or locations considered for more in-
depth consideration, describe the environmental characteristics of each
route or site and the reasons for rejecting it. Provide comparative
tables showing the differences in environmental characteristics for the
alternative and proposed action. The location of any alternatives in
this paragraph shall be provided on maps equivalent to those required
in paragraph (c)(2) of this section.
(l) Resource Report 10--Reliability and safety. This report must
address the potential hazard to the public from facility components
resulting from accidents or natural catastrophes, how these events will
affect reliability, and what procedures and design features have been
used to reduce potential hazards. Resource Report 10 must:
(1) Describe measures proposed to protect the public from failure
of the proposed facilities (including coordination with local agencies);
(2) Discuss hazards, the environmental impact, and service
interruptions which could reasonably ensue from failure of the proposed
facilities;
(3) Discuss design and operational measures to avoid or reduce risk;
(4) Discuss contingency plans for maintaining service or reducing
downtime;
(5) Describe measures used to exclude the public from hazardous
areas. Discuss measures used to minimize problems arising from
malfunctions and accidents (with estimates of probability of
occurrence) and identify standard procedures for protecting services
and public safety during maintenance and breakdowns; and
(6) Provide a description of the electromagnetic fields generated
by the transmission lines, including their strength and extent. Provide
a depiction of the expected field compared to distance horizontally
along the right-of-way under the conductors, and perpendicular to the
centerline of the right-of-way laterally.
(7) Discuss the potential for acoustic and electrical noise from
electric and magnetic fields, including shadowing and reradiation, as
they may affect health or communication systems along the transmission
right-of-way. Indicate the noise level generated by the line in both dB
and dBA scales and compare this to any known noise ordinances for the
zoning districts through which the transmission line will pass; and
(8) Discuss the potential for induced or conducted currents along
the transmission right-of-way from electric and magnetic fields.
(m) Resource Report 11--Design and Engineering. This report
consists of general design and engineering drawings of the principal
project facilities described under Resource Report--General project
description. If this report submitted with the application is
preliminary in nature, applicant must state that in the application.
The drawings must conform to the specifications determined in the
initial consultation meeting required by Sec. 50.5(b) of this chapter.
(1) The drawings must show all major project structures in
sufficient detail to provide a full understanding of the project including:
(i) Plans (overhead view);
(ii) Elevations (front view);
(iii) Profiles (side view); and
(iv) Sections.
(2) The applicant may submit preliminary design drawings with the
pre-filing documents or application. The final design drawings may be
submitted during the construction permit process or after the
Commission issues a permit and must show the precise plans and
specifications for proposed structures. If a permit is granted on the
basis of preliminary designs, the applicant must submit final design
drawings for written approval by the Director of the Office of Energy
Project's prior to commencement of any construction of the project.
(3) Supporting design report. The applicant must submit, at a
minimum, the following supporting information to demonstrate that
existing and proposed structures are safe and adequate to fulfill their
stated functions and must submit such information in a separate report
at the time the application is filed:
(i) An assessment of the suitability of the transmission line
towers and appurtenant structures locations based on geological and
subsurface investigations, including investigations of soils and rock
borings and tests for the evaluation of all foundations and
construction materials sufficient to determine the location and type
transmission line tower or appurtenant structures suitable for the site;
(ii) Copies of boring logs, geology reports, and laboratory test
reports;
(iii) An identification of all borrow areas and quarry sites and an
estimate of required quantities of suitable construction material;
(iv) Stability and stress analyses for all major transmission
structures and conductors under all probable loading conditions,
including seismic, wind, and ice loading as appropriate in sufficient
detail to permit independent staff evaluation.
(4) The applicant must submit two copies of the supporting design
report described in paragraph (m)(3) of this section at the time
preliminary and final design drawings are filed. If the report contains
preliminary drawings, it must be designated a ``Preliminary Supporting
Design Report.''
[FR Doc. 06-5619 Filed 6-23-06; 8:45 am]
BILLING CODE 6717-01-P