Frequently Asked Questions on the National Interest Electric Transmission Corridor Designation Process

What did DOE announce on December 16 regarding Phase 3 of the NIETC designation process and on what is DOE inviting public comment?
DOE announced that it is moving three potential corridors to Phase 3 of the NIETC designation process. Those potential NIETCs are:

• Tribal Energy Access Corridor;
• Southwestern Grid Connector Corridor; and
• Lake Erie-Canada Corridor.

DOE published a notice in the Federal Register that includes links to detailed maps of the potential NIETCs that DOE moved to Phase 3, as well as DOE’s proposed public engagement plan and possible scope of analysis of the potential NIETCs, including environmental, cultural, or socioeconomic effects should DOE designate any of the potential NIETCs. The notice opened a 60-day window for the public to comment on the information contained in the notice, including on the detailed maps.

DOE is working to ensure robust public engagement and transparency in Phase 3 of the NIETC designation process. As DOE continues to scope meaningful and effective engagement strategies and consider what level of NEPA review, if any, is appropriate for each of the potential NIETCs in Phase 3, DOE is inviting feedback from all interested persons. This includes feedback on specific places, days of week, times of day, and similar information to inform in person and virtual public meetings for each potential NIETC. DOE also previewed the timeline for next steps and provided registration information for corridor-specific webinars to be held in January 2025. Please go here to register: National Interest Electric Transmission Corridor Designation Process.

What platform and data did DOE use to prepare the maps?
DOE relied on the best available science and existing geospatial mapping tools available to the agency to help identify energy resource areas and potential constraints. This includes ArcGIS software, internal mapping modeling tools (such as Argonne National Laboratory’s (ANL) Energy Zones Mapping Tool), and existing federal data layers containing land uses and designations. DOE also relied on support and technical assistance from ANL.

How can I provide comments to DOE on the information released in December and otherwise on the potential NIETCs that DOE is considering?
You can submit comments in response to the Notice of Early Public and Governmental Engagement using the Federal eRulemaking Portal at www.regulations.gov, under the relevant docket number(s). Alternatively, interested parties may submit comments, identified by relevant docket number(s), by any of the following methods:

• Email: [email protected]. Include the relevant docket number(s) in the subject line of the email.
• Mail: Address written comments to U.S. Department of Energy, Grid Deployment Office, 1000 Independence Ave SW, Suite 4H-065, Washington, DC 20585.

There are four docket numbers associated with the Notice of Early Public and Governmental Engagement. DOE encourages interested parties to submit general recommendations and comments in response to the topics listed in “Request for Comments” (section IV) of the SUPPLEMENTARY INFORMATION section of the Notice of Early Public and Governmental Engagement under docket number under the docket number in which the notice has been posted. DOE encourages interested parties to submit recommendations and comments specific to the circumstances of individual potential corridors in the relevant dockets: DOE-HQ-2024-0088- Potential Designation of the Tribal Energy Access National Interest Electric Transmission Corridor; DOE-HQ-2024-0089- Potential Designation of the Southwestern Grid Connector National Interest Electric Transmission Corridor; DOE-HQ-2024-0090- Potential Designation of the Lake Erie-Canada National Interest Electric Transmission Corridor. The public comment window is focused on collecting input on early scoping and public engagement plan development and informing DOE’s decision on the appropriate level of NEPA analysis, if any.

Feedback and questions on the potential NIETCs or on the NIETC program more broadly can be given at any time during Phase 3 by emailing [email protected].

Why did DOE only move three potential NIETCs to Phase 3?
DOE prioritized the three potential NIETCs moving to Phase 3 based on its analysis to date, including review of substantial public comments during Phases 1 and 2. DOE preliminarily concluded that:

• transmission development in these areas is critical to address transmission needs, including key findings in DOE’s 2023 National Transmission Needs Study, unmet through existing planning processes;
• there is clear utility to NIETC designation to further such transmission development in the nearer term in light of potential transmission projects under development in these areas and other factors; 
• and the group of potential NIETCs balances DOE’s resources to achieve timely, durable designations that are informed by robust public engagement in the potential NIETC areas; the public engagement and analysis required is both time- and resource-intensive for DOE and for interested parties engaged in the process, creating a natural limit on the number of potential NIETCs that can reasonably proceed to Phase 3 at this time.

What happens to the potential NIETCs from the preliminary list released in May 2024 that DOE did not move to Phase 3, as well as the other areas of the country not included in the corridors moving to Phase 3?
DOE’s decision to not currently pursue NIETC designation in areas excluded from the three potential NIETCs moving to Phase 3 does not mean there are no transmission needs in these areas of the country. Indeed, for many areas not within the three potential NIETCs that DOE is currently considering, there are significant current and/or future transmission needs. DOE may initiate the four-phase NIETC designation process again in the future by opening a new Phase 1 window, during which DOE may reconsider areas not moving forward at this time . At the same time, NIETC designation is but one of DOE’s tools to advance critical transmission deployment across the country and may not be appropriate to address many transmission needs.

Why is DOE identifying specific transmission projects under development within the potential NIETCs?
As explained in the NIETC guidance document, by focusing on narrow geographic areas where one or more potential transmission projects are under development, DOE can identify targeted, high-priority areas for NIETC designation. This means those areas where NIETC designation is more likely to catalyze transmission development to address transmission needs and the associated consumer harms, thereby making the most efficient and effective use of DOE’s resources. As DOE moves potential NIETCs to Phase 3, the areas under consideration are sufficiently focused for DOE to identify specific transmission projects under development within the potential NIETCs. This provides greater transparency to the public into DOE’s decision-making and the potential for transmission development within these areas in the near term.

How does DOE’s decision impact transmission projects located in the Phase 2 potential corridors that DOE did not select to move forward into Phase 3?
DOE's NIETC decision does not mean that any transmission projects in the Phase 2 potential corridors have been cancelled or suspended. DOE’s NIETC decision does not impact any other past DOE program decisions related to transmission projects in the Phase 2 potential corridors.

Is DOE taking input from the Department of Defense (DoD) on the NIETC designation process?
Yes, DOE is consulting with DoD for a national security and mission compatibility evaluation.

How does one become a party to the NIETC designation process?
Only persons with party status can seek administrative and judicial review of DOE’s NIETC designations. In Phase 3, DOE will assign an individual docket number to each separate NIETC designation proceeding. DOE will grant party status to any and all persons who participate in the NIETC designation process, as described below. Specifically, DOE will grant party status to all persons who either:

1. filed information or recommendations during Phase 1 of the NIETC designation process as described in the NIETC Guidance issued on December 19, 2023 (in which case DOE will grant party status for all pending NIETC proceeding dockets);
2. commented in response to the preliminary list of potential NIETCs announced in Phase 2 of the NIETC designation process (in which case DOE will grant party status for all pending NIETC proceeding dockets);
3. comment in response to any requests for public comments on any potential NIETC designation during Phase 3, including on the Notice of Early Public and Governmental Engagement or any draft environmental documents, in the manner and by the deadline indicated in the request (in which case DOE will grant party status for only the NIETC proceeding docket(s) in which comments are filed); or
4. comment in response to any draft NIETC designation report(s) issued in Phase 3, in the manner and by the deadline indicated in the draft report’s notice (in which case DOE will grant party status for only the NIETC proceeding docket(s) in which comments are filed).

Persons are not required to formally request party status in their comments, as DOE will accept any comments submitted in the manner described above as eligible and grant party status to the persons as described above. DOE plans to publish comments received during Phase 3 [insert link].

To confirm your party status, please email DOE at [email protected] and we will address your specific situation.

What are DOE’s NEPA obligations and when will DOE conduct NEPA review on the potential NIETCs advancing to Phase 3 of the NIETC process?
During Phase 3, DOE will determine its NEPA obligations and obligations under other environmental review requirements for each potential NIETC designation. If DOE determines that NIETC designation is a major federal action significantly affecting the quality of the human environment, DOE will subsequently begin any necessary NEPA process. If DOE determines that NIETC designation is not a major federal action significantly affecting the quality of the human environment, then DOE expects that NEPA would not apply.

What is the preliminary list of potential NIETCs?
The preliminary list published in May 2024 represents the potential NIETCs that DOE was considering for designation. The preliminary list includes a high-level explanation of the basis for each potential NIETC. Publishing this list opened a 45-day public comment period specific to those potential NIETCs. To find more information on each potential NIETC, visit the National Interest Electric Transmission Corridor Designation Process page.

It is important to note that this was a preliminary step: a more in-depth evaluation will follow for those potential NIETCs that are proceeding to Phase 3.

Why do some of the potential NIETCs appear wider than others?
The geographic boundaries of potential NIETCs in the preliminary list vary in width and length due to the nature of the locations, population centers, land status, complexity associated with conducting meaningful on-the-ground surveys, physical and natural impacts, as well as transmission needs, including accounting for existing infrastructure.

What happens with NIETC designations that were proposed in the Phase 1 information submission window but do not appear on the preliminary list?
NIETCs identified in Phase 1 information submissions that are not included in the preliminary list of potential NIETCs are not moving forward in this submission window, though resubmissions are allowed in future Phase 1 submission windows.

How will DOE handle information on potential impacts on Tribal resources?
DOE will follow federal law, its Policy and Order on Tribal Consultation, as well as the Best Practices Guide for Federal Agencies Regarding Tribal and Native Hawaiian Sacred Sites currently in effect, to discern potential impacts of NIETC designation on Indian Tribes and Tribal interests. This includes impacts to Indian Land, historic homelands from which Tribes were removed, cultural sites, sacred sites, burial sites, water rights, mineral and other subsurface rights, fishing rights, and hunting rights. DOE will determine whether formal consultation is needed with any Indian Tribes. 

For the purposes of the NIETC designation process, DOE defines Tribal Resources as follows:

• Any available information regarding resources or interests to a Federally recognized Indian Tribe, including but not limited to Reservation Boundaries, Fee-owned lands, treaty rights, publicly known or listed Traditional Cultural Properties or other cultural resources, any known consultation protocols for a given state or region, a list of Federally recognized Indian Tribes who have pre-contact interest or claims to a project area, and any other interest or resources that may impact a Federally recognized Indian Tribe.

Please see the Preliminary List Public Release document for more details on how an interested party can submit information on potential impacts on Tribal resources, including how to limit public disclosure.

Is there another way to get more information on the preliminary list of potential NIETCs? 
On May 16, 2024, DOE hosted a public webinar on the preliminary list of potential NIETCs. The slides and webinar recording are available here.

What information was DOE requesting from interested parties?
For Phase 1 of the NIETC designation process, DOE invited interested parties to submit information and recommendations on potential NIETCs for DOE consideration, more specifically on the geographic boundaries of potential NIETCs, transmission capacity constraints or congestion within those geographic boundaries, adverse effects on consumers, and other relevant factors from the list in Federal Power Act (FPA) Section 216(a)(4), as laid out in the Guidance Document.

Will DOE open additional information submission windows?
DOE anticipates opening at least one Phase 1 information submission window following each issuance of the triennial National Transmission Needs Study (Needs Study). The window opened on December 19, 2023, is the first window following issuance of the 2023 Needs Study.

Additional Phase 1 information submission windows will depend on ongoing consideration of changing transmission capacity constraints and congestion nationwide in the period between issuance of final triennial Needs Studies.

What is a guidance document?
A guidance document is solely guidance. A guidance document is not a regulation, nor does it impose legally binding requirements on the Department of Energy (DOE) or any interested parties. DOE retains discretion to adopt approaches on a case-by-case basis that differ from the guidance where appropriate and the guidance may be revised periodically without public notice.

DOE welcomes public input on the document at any time at [email protected].

What is the NIETC designation process as outlined in the Guidance Document, at a high level? 
The final Guidance Document describes a NIETC designation process with four phases:

• Phase 1: DOE releases preliminary findings and opens a 45-day window for interested parties to submit information on the geographic boundaries of potential NIETCs, the transmission needs within those boundaries, and other discretionary factors relevant to potential NIETCs. After the 45-day window has closed, DOE will review the submitted information.
• Phase 2: Based on submitted information and the agency’s own independent analysis, DOE begins Phase 2 by releasing a preliminary list of potential NIETCs and opening a second 45-day window for interested parties to submit comments on the list as well as additional information on geographic boundaries and permitting for those potential NIETCs. After this 45-day window has closed, DOE will review all information available and prioritize moving to Phase 3 with a subset of potential NIETCs.
• Phase 3: During Phase 3, DOE conducts a number of concurrent activities, including refining geographic boundaries of potential NIETCs; initiating any required environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal statutes; and conducting robust public engagement. These activities culminate in DOE releasing one or more draft NIETC designation reports and any required draft environmental documents for comment as appropriate to inform the final phase.
• Phase 4: Phase 4 is the end of the NIETC designation process, during which DOE issues one or more final NIETC designation reports and any required final environmental documents.

What are the “discretionary factors”?
Section 216(a)(4) of the Federal Power Act (FPA) allows the Secretary of Energy to consider several additional factors in determining whether to designate a NIETC. DOE refers to these factors as the “discretionary factors” because the statute permits but does not require DOE to consider them in determining whether to designate a NIETC. Specifically, DOE may consider whether:

• The economic vitality and development of the corridor, or the end markets served by the corridor, may be constrained by lack of adequate or reasonably priced electricity;
• Economic growth in the corridor, or the end markets served by the corridor, may be jeopardized by reliance on limited sources of energy; and a diversification of supply is warranted;
• The energy independence or energy security of the United States would be served by the designation;
• The designation would be in the interest of national energy policy;
• The designation would enhance national defense and homeland security;
• The designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid;
• The designation:
  o    Maximizes existing rights-of-way; and
  o    Avoids and minimizes, to the maximum extent practicable, and offsets to the extent appropriate and practicable, sensitive environmental areas and cultural heritage sites; and
• The designation would result in a reduction in the cost to purchase electric energy for consumers.

What are the “preliminary findings”?
In the December 19, 2023, Guidance Document, DOE issued a preliminary finding, based on the 2023 National Transmission Needs Study (Needs Study), that NIETC designation may be particularly valuable where there is current and/or expected future need for increased interregional transfer capacity, i.e., where more transmission is needed to move electricity between regions.

Who is eligible, and at what point(s), to submit information during the NIETC designation process?
DOE invites information and recommendations from any interested parties. Interested parties are any person or entity, including States, Indian Tribes, and territories, concerned with DOE’s exercise of its discretion to designate a geographic area as a NIETC.

Why is DOE taking this approach to NIETC designation?
DOE plans to use its NIETC designation authority selectively and across a narrower geographic footprint than in the past. In 2007, DOE designated two NIETCs that each covered a vast territory and which were vacated by the U.S. Court of Appeals for the Ninth Circuit in California Wilderness Coalition v. DOE in 2011 on two independent grounds: (1) DOE had not properly consulted the affected States as required by FPA section 216(a)(1); and (2) designation of NIETCs was a “major federal action” under NEPA, triggering the obligation to prepare an environmental document (which DOE had not). DOE has not since designated any NIETCs. In the meantime, in the Bipartisan Infrastructure Law (BIL) in 2021, Congress expanded the grounds upon which DOE can designate NIETCs and added new discretionary factors that DOE may consider to justify NIETC designation. This historic experience and new Congressional direction prompted DOE to revisit its approach to NIETC designation.

Looking at the past approach, a process that designates vast swaths of territory as NIETCs would cause delay and consume considerable resources, particularly of those swept up in a larger geographic footprint but outside of the path of likely transmission projects. Instead of such an approach, DOE now plans to follow a process that would better focus its own resources—and the resources of others—on narrower geographic areas that are more likely to be affected by a NIETC designation. The narrower geographic scope of potential NIETCs under the new process will lead to more useful environmental documents for permitting agencies, thereby eliminating or reducing the need for further review. Additionally, by increasing stakeholder engagement, DOE can leverage the best available information to inform NIETC designation, leading to more efficient and effective designations, consistent with Congressional direction.

What public input did DOE get on this approach to NIETCs prior to releasing the Guidance Document?
On May 15, 2023, DOE published a Notice of Intent (NOI) and Request for Information (RFI) to inform the designation of National Interest Electric Transmission Corridors (NIETCs). The RFI sought feedback on guidelines, procedures, and evaluation criteria for the designation process through a public comment period initially set to expire June 29, 2023. In response to a request for extension, DOE extended the comment period to July 31, 2023. All comment submissions from the public comment period can be found on Regulations.gov. These comments informed DOE’s approach to NIETC designation. Accordingly, many comments are addressed directly in the Guidance.

Is DOE considering the increase and/or decrease of distributed energy resources and/or advanced grid technologies in evaluating and designating NIETCs?
DOE’s goal is to facilitate greater development of needed transmission infrastructure for reliability, resilience, and decarbonization purposes. This requires an all-of-the-above approach to transmission, meaning continued reliance on existing transmission planning processes in concert with additional authorities granted by Congress to DOE to identify unmet transmission needs and catalyze further transmission development to meet those needs. Pursuant to Section 216(a) of the Federal Power Act (FPA), as amended by the Bipartisan Infrastructure Law (BIL), DOE is granted the authority to designate as a NIETC any geographic area that (i) is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or (ii) is expected to experience such energy transmission capacity constraints or congestion. Where such conditions are present, a solution is needed to avoid adverse effects on consumers. But it is up to market participants, transmission planning entities, state and local authorities, Tribal entities, and potentially the Federal Energy Regulatory Commission (FERC) to determine the appropriate facilities to address the needs within any given NIETC. In many cases, the solution will be constructing new transmission facilities, and NIETC designation can unlock key federal financing and permitting tools to facilitate such transmission infrastructure. In other cases, the solution may be alternatives such as distributed energy resources or advanced grid technologies.

How will DOE consider the potential impacts of NIETC designation on environmental, cultural, Tribal, and historic resources?
As part of the NIETC designation process, DOE will assess and determine its obligations under NEPA and initiate any NEPA process, as required. DOE will also examine any requirements that may apply under other federal statutes, such as the National Historic Preservation Act and the Endangered Species Act. The information that DOE invites from interested parties is designed, in part, to assist DOE in evaluating the potential impacts of designating one or more NIETCs, including impacts on environmental, cultural, Tribal, and historic resources. DOE will also conduct robust public engagement with impacted stakeholders early and throughout the process.

How does the environmental review process, such as NEPA, work between states, DOE, and the Federal Energy Regulatory Commission (FERC)?
DOE has crafted the environmental information requests specified in the final Guidance Document to facilitate, to the maximum extent practicable, the ability of FERC, other federal agencies, and developers of potential transmission projects to utilize this information in other permitting processes, including a future FERC permitting proceeding, to reduce duplication and improve efficiency and timeliness.

During Phase 3 of the NIETC designation process, DOE will conduct robust public engagement. DOE plans to coordinate with cooperating agencies (federal, state, and local) as well as consult with affected Tribal entities and local governments.

DOE recognizes the unique role of state and local governmental bodies in transmission development, given their authority over siting and permitting transmission facilities in their jurisdictions and/or over state environmental and natural resources. DOE encourages robust engagement in the NIETC designation process by these entities because they are important stakeholders with clear interest in the outcome of the process and have valuable insights.

Is there another way to get more information on the NIETC Guidance Document?
On January 3, 2023, DOE hosted a public webinar. The slides and recording of the webinar are posted here.