```

[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Notices]
[Pages 101597-101600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29419]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Notice of Early Public and Governmental Engagement for Potential 
Designation of Tribal Energy Access, Southwestern Grid Connector, and 
Lake Erie-Canada National Interest Electric Transmission Corridors

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of early public and governmental engagement and request 
for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is issuing this Notice of 
Early Public and Governmental Engagement to invite input and comment 
from Federal and State agencies, regional entities, Tribal and local 
governments, the public, and other interested parties on DOE's 
consideration of three potential National Interest Electric 
Transmission Corridors (NIETCs). This notice also provides date, time, 
and registration information for informational webinars regarding the 
potential NIETCs. DOE is seeking input and comments on the possible 
scope of analysis, including environmental, cultural, or socioeconomic 
effects should DOE designate any of the potential NIETCs, and the 
contents of DOE's engagement framework, including appropriate methods 
and locations of future NIETC-specific meetings. DOE also invites any 
other relevant feedback. Following consideration of comments and 
suggestions, DOE intends to refine geographic boundaries of the three 
potential NIETCs identified in this notice and determine its 
obligations under the National Environmental Policy Act (NEPA) and 
other environmental review requirements for each potential NIETC 
designation identified in this notice. 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.

DATES: Comments and information are requested on or before February 14, 
2025. Comments received or postmarked after that date will be 
considered to the extent practicable. There are three informational 
webinars scheduled during the comment period, one for each potential 
NIETC designation: the potential Tribal Energy Access Corridor on 
January 14, 2025, at 3 p.m. eastern; the potential Southwestern Grid 
Connector Corridor on January 15, 2025, at 3 p.m. eastern; and the 
potential Lake Erie-Canada Corridor on January 16, 2025, at 3 p.m. 
eastern. Information on how to register for these webinars can be found 
on DOE's NIETC website, at https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process. These 
webinars will be recorded, and the recordings will be available at the 
same website when ready.

ADDRESSES: Interested parties are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under the 
relevant docket number(s). Alternatively,

[[Page 101598]]

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.
    Instructions: There are four docket numbers associated with this 
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 this Notice of Early Public 
and Governmental Engagement under the docket number in which this 
notice has been posted. DOE encourages interested parties to submit 
recommendations and comments specific to the circumstances of 
individual potential NIETCs 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.
    Docket: The dockets for this activity are available for review at 
www.regulations.gov. All documents in the dockets are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure. The docket web pages can be found at 
www.regulations.gov. The docket web pages contain instructions on how 
to access all documents, including public comments, in the dockets.
    Further information about the NIETC program, including maps and 
underlying geographic information system (GIS) data displaying the 
geographic boundaries of the three potential NIETCs moving to Phase 3 
and identification of transmission projects currently under development 
within the potential NIETCs, as well as information on how to attend 
the informational webinars, may be found on DOE's website at: https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process.

FOR FURTHER INFORMATION CONTACT: Christina Gomer, Senior Technical 
Advisor, by email at [email protected] or by telephone at (202) 586-
2006.

SUPPLEMENTARY INFORMATION:

I. Background

    The Federal Power Act (FPA) (16 U.S.C. 791a et seq.) authorizes the 
Secretary of Energy to designate any geographic area as a NIETC if the 
Secretary finds, based on the DOE's triennial National Transmission 
Needs Study (Needs Study) or other relevant information, present or 
expected transmission capacity constraints or congestion that adversely 
affects consumers. The purpose for designating a NIETC is to facilitate 
timely development of electric transmission infrastructure to address 
the electric transmission needs identified in these areas. Designation 
of an area as a NIETC enables DOE and the Federal Energy Regulatory 
Commission (FERC) to use critical Federal financing and permitting 
tools to spur construction of transmission projects within the area. 
NIETC designation is not a route determination for any particular 
transmission project nor is it an endorsement of one or more 
transmission solutions to identified present or expected transmission 
capacity constraints or congestion within the NIETC.
    Pursuant to section 216(a)(1) of the FPA, DOE must conduct a study 
every three years of electric transmission capacity constraints and 
congestion, which DOE refers to as the Needs Study. On October 30, 
2023, DOE released its latest triennial Needs Study.\1\ The 2023 Needs 
Study is an assessment of publicly available data and more than 120 
recently published reports that consider current and anticipated future 
electric transmission needs given a range of electricity demand, public 
policy, and market conditions. As used in the 2023 Needs Study, an 
electric transmission need refers to the existence of present or 
expected electric transmission capacity constraints or congestion in a 
geographic area, consistent with FPA section 216(a)(1). The Needs Study 
supports the implementation of DOE programs, including the potential 
designation of NIETCs, consistent with the statutory direction in FPA 
section 216(a)(2) that DOE consider designating NIETCs based on the 
study required by section 216(a)(1) or other relevant information on 
transmission need.
---------------------------------------------------------------------------

    \1\ See https://www.energy.gov/gdo/national-transmission-needs-study.
---------------------------------------------------------------------------

    DOE established a four-phase process, pursuant to FPA section 
216(a), as amended by the Infrastructure Investment and Jobs Act 
(IIJA), 16 U.S.C. 824p(a), through which DOE may designate NIETCs. DOE 
initiated Phase 1 on December 19, 2023, with the release of DOE's final 
guidance setting forth the new four-phase NIETC designation process.\2\ 
This guidance included DOE's preliminary assessment of the transmission 
needs found in the 2023 Needs Study and guidance on where DOE believed 
NIETC designation may be particularly valuable based on those findings. 
Phase 1 included a 45-day window for interested parties to submit 
information and recommendations on the geographic boundaries of 
potential NIETCs, the present or expected transmission capacity 
constraints or congestion within those geographic boundaries (i.e., the 
transmission needs adversely affecting consumers), and the relevant 
discretionary factors from the list in FPA section 216(a)(4) that DOE 
may consider in designating a NIETC. DOE reviewed all information 
submissions, recommendations, and comments and considered the results 
of its 2023 Needs Study as well as other information relating to 
electric transmission capacity constraints and congestion to develop a 
preliminary list of potential NIETCs to initiate Phase 2 of the NIETC 
designation process.
---------------------------------------------------------------------------

    \2\ See https://www.energy.gov/sites/default/files/2023-12/2023-12-15%20GDO%20NIETC%20Final%20Guidance%20Document.pdf.
---------------------------------------------------------------------------

    DOE initiated Phase 2 on May 8, 2024, with the release of a 
preliminary list of 10 potential NIETCs that DOE was considering for 
NIETC designation in its first iteration of the four-phase designation 
process.\3\ DOE provided a high-level explanation of the basis for 
those potential NIETCs and opened another 45-day public comment period, 
focused on the 10 potential NIETCs as well as additional information on 
potential impacts on environmental, community, and other resources of 
NIETC designation.
---------------------------------------------------------------------------

    \3\ See https://www.energy.gov/sites/default/files/2024-05/PreliminaryListPotentialNIETCsPublicRelease.pdf.
---------------------------------------------------------------------------

    DOE initiated Phase 3 in December 2024, when DOE announced which 
potential NIETCs from the preliminary list released in May 2024 were 
moving to Phase 3. As a result of findings in the 2023 Needs Study and 
other relevant information on transmission needs, including review of 
substantial public comment during Phases 1 and 2, DOE preliminarily 
identified targeted, high-priority geographic areas for which: 
transmission development is critical to address transmission needs 
within the area, including key findings in the 2023 Needs Study, unmet 
through existing

[[Page 101599]]

planning processes; there is clear utility to NIETC designation to 
further such transmission development in the nearer term in light of 
transmission projects under development in these areas; and the group 
of potential NIETCs balances DOE's resources to achieve timely, durable 
designations that follow from robust public and governmental 
engagement. Specifically, DOE announced that it was moving three 
potential NIETCs to Phase 3: the potential Tribal Energy Access 
Corridor, the potential Southwestern Grid Connector Corridor, and the 
potential Lake Erie-Canada Corridor. These potential NIETCs are 
significantly narrowed and refined from the 10 potential NIETCs 
included in the May 2024 preliminary list, and each were renamed to 
better describe their location and purpose. Each of these potential 
NIETCs are described in further detail in section II of this notice.
    Phase 3 includes several concurrent activities. DOE continues to 
independently assess the basis for NIETC designation; assess and 
determine its NEPA obligations; and conduct robust public and 
governmental engagement. As part of the public and governmental 
engagement, DOE will continue to consider all issues and topics which 
may be relevant to its eventual release of draft NIETC designation 
reports (one for each potential NIETC) and draft environmental 
documents, if required, for public comment.
    Based upon the information and analyses developed in Phase 3, DOE 
will proceed to Phase 4. The Director of the Grid Deployment Office has 
the authority, as delegated by Delegation Order No. S1-DEL-S3-2024 and 
Redelegation Order No. S3-DEL-GD1-2023, to issue final NIETC 
designation reports (one for each NIETC that proceeds to final 
designation).

II. Description of Each Potential NIETC

    DOE has announced three potential NIETCs that have moved to Phase 
3, described in detail below: the potential Tribal Energy Access 
Corridor, the potential Southwestern Grid Connector Corridor, and the 
potential Lake Erie-Canada Corridor.
    The potential Tribal Energy Access Corridor includes portions of 
the Phase 2 Northern Plains potential NIETC and refocuses to a refined 
area on central sections in North Dakota, South Dakota, and Nebraska 
with portions of central North Dakota, South Dakota, Cheyenne River 
Reservation, and Standing Rock Reservation that were not in the Phase 2 
potential NIETC map. The potential Tribal Energy Access Corridor 
primarily follows existing transmission line rights-of-way, and 
connects the Cheyenne River Reservation, Pine Ridge Reservation, 
Rosebud Indian Reservation, Standing Rock Reservation, and Yankton 
Reservation to existing or under development higher-voltage 
transmission lines, which can enable Tribal energy and economic 
development.
    The potential Southwestern Grid Connector Corridor includes 
portions of the Phase 2 Mountain-Plains-Southwest and Plains-Southwest 
potential NIETCs, consisting of narrower areas of Colorado, New Mexico, 
and the Oklahoma panhandle with portions of southeastern Colorado and 
New Mexico not in the Phase 2 potential NIETC maps. This potential 
NIETC focuses on the seam between the Eastern and Western 
Interconnections including back-to-back high-voltage direct current 
substations which can support interregional and cross-interconnection 
transmission opportunities.
    The potential Lake Erie-Canada Corridor includes portions of the 
Phase 2 Mid-Atlantic-Canada potential NIETC, focusing on Lake Erie and 
a narrower area in northern Pennsylvania, which can support connections 
between Canada and the PJM Interconnection region.
    More information on these potential NIETCs, including maps and 
underlying GIS data displaying the geographic boundaries of the three 
potential NIETCs moving to Phase 3 and identification of transmission 
projects currently under development within the potential NIETCs, can 
be found on DOE's NIETC website at: https://www.energy.gov/gdo/national-interest-electric-transmission-corridor-designation-process.
    As previously described, DOE may use comments and suggestions 
received during this early engagement period and other potential future 
engagements and consultations to help refine the geographic boundaries 
of the potential NIETCs identified in this notice, and the boundaries 
of any potential NIETC may continue to be refined until the issuance of 
a final NIETC designation report (Phase 4). In addition, for each 
potential NIETC that DOE is moving to Phase 3, DOE will assess and 
determine its NEPA obligations. DOE's assessment will include but is 
not limited to analyzing whether any potential NIETC designation 
constitutes a major federal action significantly affecting the quality 
of the human environment (and therefore, whether NEPA applies); whether 
there are any potential effects of such a designation, and, if any, can 
they be meaningfully evaluated; and, if required, the appropriate level 
of NEPA review.

III. Public Engagement Framework

    To minimize the burden on communities, DOE intends to schedule 
virtual and in-person public meetings to provide additional information 
and receive comments in response to this notice. DOE will use feedback 
received during this comment period to tailor any future public 
engagement for each potential NIETC designation. Interested parties may 
request meetings at any time during Phase 3 by emailing 
[email protected]. DOE may not be able to accommodate all meeting 
requests received and may organize group meetings based on topic, 
geography, or other common feature.

During Early Engagement Period (Through February 14, 2025)

    There are three informational webinars scheduled during the comment 
period, one for each potential NIETC designation: the potential Tribal 
Energy Access Corridor on January 14, 2025, at 3 p.m. eastern; the 
potential Southwestern Grid Connector Corridor on January 15, 2025, at 
3 p.m. eastern; and the potential Lake Erie-Canada Corridor on January 
16, 2025, at 3 p.m. eastern. In addition to these webinars, interested 
parties may request virtual informational meetings with DOE by 
contacting [email protected].

After Early Engagement Period

    While DOE reviews and considers comments received in response to 
this Notice of Early Public and Governmental Engagement and assesses 
its NEPA obligations, DOE welcomes requests for meetings to discuss the 
potential NIETCs. Meeting requests can be made by emailing 
[email protected]. Note that DOE intends to initiate NEPA, if required, 
for each potential NIETC on its own timeline and the designation 
process will proceed on a NIETC-by-NIETC basis.
    Upon any determination by DOE to initiate NEPA, if required and at 
the appropriate level, the dates and locations of any potential NIETC-
specific public and governmental engagements will be announced via 
subsequent announcements, Federal Register notices, local media, and/or 
other appropriate methods. Commonly used methods of public and 
governmental engagements include:
     Public meetings (may be virtual or in person),
     Meetings upon request, and
     Periodic meetings (either virtual or in-person) to provide 
updates and discuss concerns, where relevant.

[[Page 101600]]

Additional Opportunities for Engagement

Tribal Engagement
    Any government-to-government consultations with affected federally 
recognized Indian Tribes will be conducted in a manner appropriate to 
such consultations, respectful of Tribal sovereignty and consistent 
with the ongoing trust responsibility between the United States and 
Tribes.
Regional Entity Engagement
    Pursuant to FPA section 216(a)(3), DOE will consult with regional 
entities during Phase 3.

IV. Request for Comments

    DOE specifically requests recommendations and comments on the 
contents of the public engagement framework, including topics such as: 
the number, location, and format of public meetings; preferred day of 
week or time of day for such engagements; and identifying existing 
forums for engaging with interested or potentially affected 
stakeholders.
    DOE additionally requests recommendations and comments on methods 
of outreach, including topics such as: names of any specific entities, 
such as community-based organizations, that should be included in or 
contacted directly as part of public engagement; and appropriate local 
news outlets, newspapers, and other news and media outlets for reaching 
interested or potentially affected stakeholders.
    DOE additionally seeks suggestions on how to organize group 
meetings if all individual meeting requests cannot be accommodated, 
including topics around which meetings should be organized.
    DOE invites suggestions on environmental, cultural, or 
socioeconomic considerations or potential effects that DOE should 
consider during its review and analysis of its potential NIETC 
designations, including comments on whether any potential effects can 
be meaningfully evaluated. DOE additionally seeks input on whether each 
potential NIETC maximizes existing rights-of-way and avoids and 
minimizes, to the maximum extent practicable, and offsets to the extent 
appropriate and practicable, sensitive environmental areas and cultural 
heritage sites (FPA section 216(a)(4)(G)). Commenters are encouraged to 
submit only non-sensitive information necessary to sufficiently inform 
potential NIETC designations and avoid submitting any potentially 
sensitive data. If DOE determines that additional information is needed 
to support NIETC designation, DOE will contact the commenter directly 
to request that data.
    For all of the previous topics, DOE encourages general 
recommendations and comments, which interested parties should submit 
under the docket number in which this notice has been posted, as well 
as recommendations and comments specific to the circumstances of 
individual potential NIETCs, which interested parties should submit 
under the relevant docket number: 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.

Signing Authority

    This document of the Department of Energy was signed on December 9, 
2024, by Maria D. Robinson, Director, Grid Deployment Office, pursuant 
to delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by the DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on December 10, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-29419 Filed 12-13-24; 8:45 am]
BILLING CODE 6450-01-P
```