The authority to site electric transmission lines has traditionally resided solely with the States. But in the Energy Policy Act of 2005, as amended by the Infrastructure Investment and Jobs Act of 2021, Congress established a limited Federal role in electric transmission siting under the Federal Power Act (FPA). This Federal siting authority for electric transmission facilities is shared between the Department of Energy (DOE) and the Commission. The FPA directs DOE to study electric transmission congestion and authorizes DOE to designate National Interest Electric Transmission Corridors (National Corridors) under certain circumstances. The FPA authorizes the Commission to issue permits to construct or modify electric transmission facilities located within National Corridors if:
- A State does not have the authority to approve the siting of the facilities or to consider the interstate or interregional benefits of the facilities;
- An electric transmitting utility does not qualify for siting approval in a State;
- A State has not made a determination on an application within one year of the application filing or the designation of the relevant National Corridor, whichever is later;
- A State has conditioned its approval such that the project will not significantly reduce transmission capacity constraints or congestion or is not economically feasible; or
- A State has denied an application.
Developers must participate in the Commission’s pre-filing process before filing an application for a siting permit. Commission staff will actively participate in the pre-filing process to engage stakeholders in the identification and resolution of issues and to facilitate the development of a complete application that can be acted upon expeditiously. After an application is filed, Commission staff will prepare an environmental assessment or environmental impact statement for the proposed project, as required by the National Environmental Policy Act, before the Commission makes a permitting decision. The Commission’s review processes provide multiple opportunities for stakeholder participation.
- Order 1977 updates the Commission’s regulations on applications for permits to site electric transmission facilities (Issued May 13, 2024).
- Electric Transmission Facilities Permit Process Pamphlet (Published July 2024).