[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Rules and Regulations]
[Pages 54456-54460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21866]



[[Page 54455]]

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

Part II





Department of Energy





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



10 CFR Part 900



Coordination of Federal Authorizations for Electric Transmission 
Facilities; Interim Final Rule and Proposed Rule

Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / 
Rules and Regulations

[[Page 54456]]


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

DEPARTMENT OF ENERGY

10 CFR Part 900

RIN 1901-AB18


Coordination of Federal Authorizations for Electric Transmission 
Facilities

AGENCY: Office of Electricity Delivery and Energy Reliability, 
Department of Energy.

ACTION: Interim final rule and request for comment.

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

SUMMARY: Pursuant to section 216(h) of the Federal Power Act, the 
Department of Energy (DOE) is establishing procedures under which 
entities may request that DOE coordinate Federal authorizations for the 
siting of interstate electric transmission facilities. In today's 
Federal Register, DOE proposes several additional provisions that may 
be added to this part after consideration of public comments.

DATES: Effective Date: This interim final rule is effective October 20, 
2008. Comment Date: Written comments must be received by October 20, 
2008.

ADDRESSES: You may submit written comments, identified by RIN 1901-
AB18, by any of the following methods:
    1. E-mail to <a href="/cdn-cgi/l/email-protection#792a3c3a4b484f11391108571d161c571e160f"><span class="__cf_email__" data-cfemail="7a293f39484b4c123a120b541e151f541d150c">[email protected]</span></a>. Include RIN 1901-AB18 and 
``Interim Final Rule Comments'' in the subject line of the e-mail. 
Please include the full body of your comments in the text of the 
message or an attachment.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    3. Mail: Address the comments to Mr. John Schnagl, Office of 
Electricity Delivery and Energy Reliability (OE-20), U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585. Due to 
potential delays in the Department's receipt and processing of mail 
sent through the U.S. Postal Service, we encourage commenters to submit 
comments electronically to ensure timely receipt.

FOR FURTHER INFORMATION CONTACT: Mr. John Schnagl, Office of 
Electricity Delivery and Energy Reliability (OE-20), U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington DC 20585; Phone (202) 
586-1056; e-mail <a href="/cdn-cgi/l/email-protection#e7ad888f89c9b4848f8986808ba78f96c9838882c9808891"><span class="__cf_email__" data-cfemail="03496c6b6d2d50606b6d62646f436b722d676c662d646c75">[email protected]</span></a> or Lot Cooke, Attorney 
Advisor, U.S. Department of Energy, Office of the General Counsel (GC-
76), 1000 Independence Avenue, SW., Washington, DC 20585; Phone (202) 
586-0503; e-mail <a href="/cdn-cgi/l/email-protection#7c301308523f131317193c140d52181319521b130a"><span class="__cf_email__" data-cfemail="87cbe8f3a9c4e8e8ece2c7eff6a9e3e8e2a9e0e8f1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Interim Final Rule
III. Interim Final Rulemaking
IV. Regulatory Review
V. Approval of the Office of Secretary

I. Background

    Section 1221(a) of the Energy Policy Act of 2005 (Pub. L. 109-58) 
added a new section 216 to the Federal Power Act (FPA) (16 U.S.C. 791-
828c) which deals with the siting of interstate electric transmission 
facilities. Section 216(h) of the FPA, as amended (16 U.S.C. 824p(h)), 
which is titled ``Coordination of Federal Authorizations for 
Transmission Facilities,'' provides for DOE to be the lead agency for 
purposes of coordinating all applicable Federal authorizations for the 
siting of interstate electric transmission facilities and related 
environmental reviews. This interim final rule establishes the 
procedures DOE will use in carrying out its responsibilities under 
section 216(h). In a notice of proposed rulemaking published in today's 
Federal Register, DOE proposes rule provisions for public comment that 
address: (1) The establishment of prompt and binding intermediate 
milestones and ultimate deadlines for the review of, and Federal 
authorization decisions relating to, proposed electric transmission 
facilities under section 216(h)(4)(A) of the FPA; (2) the Secretary of 
Energy's determination under section 216(h)(4)(B) that all necessary 
data has been submitted by an applicant, after which all permit 
decisions and related environmental reviews under Federal laws must be 
completed within one year, or as soon thereafter as practicable in 
compliance with Federal law; and (3) the requirement that DOE be 
informed by the permitting entities of authorization requests required 
under Federal law in order to site significant facilities used for the 
transmission of electricity in interstate commerce for the sale of 
electric energy at wholesale.
    Section 216(h) of the FPA provides an entity seeking permits, 
special use authorizations, certifications, opinions, or other 
approvals required under Federal law in order to site an electric 
transmission facility with a coordinated Federal consideration process 
and, thus, avoid duplicative separate review processes by various 
Federal entities. In addition to providing for the coordination of 
Federal transmission siting determinations, section 216(h) also 
provides that, to the maximum extent practicable under applicable 
Federal law, Indian tribes, multistate entities, and State agencies 
that have their own separate permitting and environmental reviews can 
participate in the Federal coordination process if they so choose.
    To facilitate the coordination of the Federal review process 
provided for in section 216(h) of the FPA, on August 8, 2006, various 
Federal agencies with permitting or other Federal authorization 
responsibility for the siting of electric transmission facilities 
entered into a Memorandum of Understanding on Early Coordination of 
Federal Authorization and Related Environmental Reviews Required in 
Order to Site Electric Transmission Facilities (MOU). The signatories 
to the MOU are DOE, the Departments of Defense, Agriculture, the 
Interior, and Commerce, the Federal Energy Regulatory Commission 
(FERC), the Environmental Protection Agency, the Counsel on 
Environmental Quality (CEQ), and the Advisory Council on Historic 
Preservation.\1\ The MOU and these regulations, as explained herein, 
are the principal instruments DOE will employ for Federal 
intergovernmental coordination of electric transmission facilities 
permitting requests under section 216(h) of the FPA.
---------------------------------------------------------------------------

    \1\ The MOU is posted at http://www.oe.energy.gov/668.htm.
---------------------------------------------------------------------------

II. Discussion of Interim Final Rule

A. General

    In deciding how to proceed procedurally in implementing its 
authority under section 216(h), DOE reached certain conclusions based 
on its understanding of the purpose of the statute. First, under FPA 
section 216(h), DOE is to ``act as the lead agency for purposes of 
coordinating all applicable Federal authorizations and related 
environmental reviews'' (emphasis added). DOE interprets the term 
``lead agency'' as used in FPA section 216(h) as making the Department 
responsible for being the lead coordinating agency for environmental 
reviews, not the lead agency for preparing the environmental review 
under the National Environmental Policy Act (NEPA). In instances that 
the Department has a permitting role in siting an electric transmission 
facility, DOE may be the lead agency for preparing the environmental 
review document, but in general DOE and the permitting entities 
responsible for issuing Federal authorizations will jointly determine 
the appropriate permitting entity to be the lead agency for preparing 
NEPA compliance documents in accordance with existing CEQ regulations 
(40 CFR 1501.5).
    Second, it is DOE's view that section 216(h) is intended to give an 
applicant seeking more than one Federal

[[Page 54457]]

authorization for the construction or modification of electric 
transmission facilities access to a process under which all Federal 
reviews are made in a coordinated manner. With this in mind, DOE has 
determined that its coordination of Federal authorizations would be 
most beneficial as a request driven process. We do not believe Congress 
intended to impose DOE coordination on applicants who are satisfied 
with existing processes for obtaining the necessary Federal 
authorizations. If an applicant for Federal authorizations is familiar 
with existing Federal processes and is comfortable in proceeding under 
them, a requirement of DOE coordination is not only unnecessary, it 
would involve additional steps that could make the Federal review 
process more, rather than less, cumbersome and time-consuming. By 
establishing a request driven process, DOE provides coordination only 
in circumstances where the applicant for Federal authorizations 
determines that it will be beneficial for DOE to perform that role. In 
addition, DOE expects that permitting entities will coordinate 
applicable Federal authorizations and related environmental reviews 
even in instances where no coordination request has been received by 
DOE, and, as provided in section 216(h)(2) of the FPA DOE will be 
prepared to intercede if it determines that such coordination is not 
taking place.

B. Rule Provisions

    Section 900.1 states the purpose of these regulations, which is to 
provide a process for the timely coordination of Federal authorizations 
for proposed transmission facilities pursuant to FPA section 216(h).
    Section 900.2 of the interim final rule (``Applicability'') 
pertains to when DOE will consider a request for coordination of 
Federal authorizations. It provides that requests for coordination of 
Federal authorizations will be accepted by DOE only for facilities that 
are used for the transmission of electric energy in interstate commerce 
for the sale of electric energy at wholesale. This limitation of the 
applicability of the regulations is consistent with the intent of 
section 216 of the FPA, which is titled ``Siting of Interstate Electric 
Transmission Facilities,'' and adheres to the definition of 
transmission facilities used by FERC in Order No. 689 (regulations 
regarding application for permits to site electric transmission 
facilities issued under section 216 of the FPA).\2\
---------------------------------------------------------------------------

    \2\ Establishing Regulations for Filing Applications for Permits 
to Site Interstate Electric Transmission Facilities, Order No. 689, 
71 FR 69440 (December 1, 2006), FERC Stats. & Regs. ] 31,234.
---------------------------------------------------------------------------

    Further, requests for coordination of Federal authorizations for 
electric transmission facilities located within the Electric 
Reliability Council of Texas (ERCOT) interconnection will not be 
accepted because section 216(k) of the FPA states that section 216 of 
the FPA shall not apply within the ERCOT area (16 U.S.C. 824p(k)).
    Finally, section 900.2 provides that DOE will not accept requests 
for coordination of Federal authorizations from requesters that have 
submitted an application to FERC for issuance of a permit for 
construction or modification of a transmission facility, or have 
initiated pre-filing procedures, under section 216(b) of the FPA (16 
U.S.C. 824p(b)). In those circumstances, DOE has delegated its section 
216(h) coordination authority to FERC \3\ and, in Order No. 689, FERC 
adopted regulations setting forth the procedures it will follow in such 
circumstances.
---------------------------------------------------------------------------

    \3\ Department of Energy Delegation Order No. 00-004-00A, 
section 1.22, issued May 16, 2006.
---------------------------------------------------------------------------

    Section 900.3 provides definitions applicable to these regulations.
    Section 900.4, which is titled ``Pre-application mechanism,'' 
implements section 216(h)(4)(C) of the FPA. That section directs DOE to 
provide ``an expeditious pre-application mechanism for prospective 
applicants to confer with the agencies involved to have each agency 
determine and communicate to the prospective applicant not later than 
60 days after the prospective applicant submits a request for such 
information concerning--(i) the likelihood of approval for a potential 
facility, and (ii) key issues of concern to the agencies and public'' 
(16 U.S.C. 824p(h)(4)(C)). The procedures in section 900.4 complement 
those set forth in section III (B) of the MOU. The Department expects 
that the permitting agencies will supply information under section 
216(h)(4)(C) in a manner consistent with existing laws. DOE views the 
section 900.4 pre-application mechanism as a discrete process, distinct 
from the process under section 900.5 of the interim final rule, or any 
other agency's pre-application process, and which provides details on 
the manner in which an applicant for a Federal authorization for an 
electric transmission facility can request DOE coordination of the 
Federal review process.
    Once a request for coordination under section 900.5 of the interim 
final rule has been received by DOE, DOE will contact the permitting 
entities (defined in section 900.3 of the interim final rule as ``any 
Federal or non-Federal entity that is responsible for issuing separate 
Federal authorizations for a transmission facility'') in order to 
coordinate their applicable Federal authorizations and environmental 
reviews relating to the proposed transmission facility. In addition, 
DOE will contact all Indian tribes, multistate entities, and State 
agencies that have their own separate non-Federal permitting and 
environmental reviews that have been identified by the requester under 
section 900.5(b)(4) of the interim final rule, to provide them the 
opportunity to participate in the coordination effort. For purposes of 
this rule, the term Indian tribes has the same meaning as provided in 
25 U.S.C. 450b(e). Pursuant to the terms of the MOU, DOE will request 
permitting entities to provide DOE with the names, titles, telephone 
numbers, e-mail addresses, and other pertinent contact information for 
agency personnel who will be responsible for considering and issuing 
the Federal authorizations being sought by the requester from the 
permitting entities.
    DOE and the permitting entities responsible for issuing Federal 
authorizations will, consistent with CEQ regulations, jointly determine 
the appropriate permitting entity to be the lead agency for preparing 
NEPA compliance documents and all other analyses required to comply 
with all environmental and cultural statutes and regulations under 
Federal law. Where relevant, and in accordance with the MOU, the U.S. 
Army Corps of Engineers shall be considered a participating agency. 
Indian tribes, multistate entities, and State agencies that have their 
own separate non-Federal permitting and environmental reviews may elect 
to participate in this coordination process.
    DOE shall establish and maintain, to the extent practicable and in 
compliance with Federal law, a single location to store and display the 
information utilized by the permitting entities as the basis for their 
decisions on the proposed project under Federal law, including all 
environmental, cultural and historic preservation statutes and 
regulations. FERC's eLibrary is an example of such a source. This 
information shall be available to the applicant, all permitting 
entities, DOE, and all Indian tribes, multistate entities, and State 
agencies that have their own separate non-Federal permitting and 
environmental reviews. This information shall comprise a single 
environmental review document to be used as the basis for all Federal

[[Page 54458]]

authorizations pertaining to the proposed transmission facility.
    In coordinating the preparation of a single environmental review 
document, DOE will rely upon the permitting entities, as appropriate, 
to ensure compliance with all applicable requirements of Federal law. 
The single environmental review document shall be available to all 
permitting entities for issuing their individual decisions in order to 
ensure that each permitting entity's environmental review is in 
compliance with the statutory mandates and regulatory requirements 
applicable to action by that permitting entity.
    Pursuant to section 216(h)(8)(A)(i) of the FPA (16 U.S.C. 
824p(h)(8)(A)(i)), based on information filed by the requester under 
this part, DOE will make a determination on the length of the 
anticipated use of the proposed electric transmission facility and 
advise all permitting entities of that determination prior to the close 
of the public comment period for the draft of the NEPA compliance 
documents.

III. Interim Final Rulemaking

    This rule establishes procedures for the coordination of Federal 
authorizations for the siting of interstate electric transmission 
facilities. The Administrative Procedure Act exempts rules of agency 
procedure from its provisions requiring notice and opportunity for 
comment before issuance of rules (5 U.S.C. 553(b)(A)). DOE, however, is 
publishing an interim rule that provides a public comment opportunity.

IV. Regulatory Review

A. Review Under Executive Order 12866

    Today's regulatory action has been determined to be a ``significant 
regulatory action'' under Executive Order 12866, ``Regulatory Planning 
and Review,'' 58 FR 51735 (October 4, 1993). Accordingly, this action 
was subject to review under that Executive Order by the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget (OMB).

B. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of these regulations falls into 
the class of actions that does not individually or cumulatively have a 
significant impact on the human environment as set forth in DOE's 
regulations implementing the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). Specifically, the rule is covered under the 
categorical exclusion in paragraph A6 of Appendix A to subpart D, 10 
CFR part 1021, which applies to rulemakings that are strictly 
procedural. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
an agency prepare an initial regulatory flexibility analysis for any 
regulation for which a general notice of proposed rulemaking is 
required, unless the agency certifies that the rule, if promulgated, 
will not have a significant economic impact on a substantial number of 
small entities (5 U.S.C. 605(b)). This rule establishes procedures for 
DOE coordination of Federal authorizations for the siting of interstate 
electric transmission facilities and, therefore, a general notice of 
proposed rulemaking is not required. Accordingly, the Regulatory 
Flexibility Act requirements do not apply.

D. Review Under the Paperwork Reduction Act

    This rulemaking would impose no new information or recordkeeping 
requirements. Accordingly, Office of Management and Budget clearance is 
not required under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

E. Review Under the Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written assessment of the 
effects of any Federal mandate in a proposed or final agency regulation 
that may result in the expenditure by States, tribal or local 
governments, in the aggregate, or by the private sector, of $100 
million in any one year. The Act also requires a Federal agency to 
develop an effective process to permit timely input by elected 
officials of State, tribal or local governments on a proposed 
significant intergovernmental mandate, and requires an agency plan for 
giving notice and opportunity to provide timely input to potentially 
affected small governments before establishing any requirements that 
might significantly or uniquely affect small governments. DOE has 
determined that the interim final rule published today does not contain 
any Federal mandates affecting States, tribal, or local governments, or 
the private sector, so these requirements do not apply.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform'' (61 FR 4779, February 7, 1996) imposes on 
Federal agencies the general duty to adhere to the following 
requirements: eliminate drafting errors and needless ambiguity, write 
regulations to minimize litigation, provide a clear legal standard for 
affected conduct rather than a general standard, and promote 
simplification and burden reduction. Section 3(b) requires Federal 
agencies to make every reasonable effort to ensure that a regulation, 
among other things: clearly specifies the preemptive effect, if any, 
adequately defines key terms, and addresses other important issues 
affecting the clarity and general draftsmanship under guidelines issued 
by the Attorney General. Section 3(c) of Executive Order 12988 requires 
executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this interim final rule meets the relevant standards 
of Executive Order 12988.

G. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999) imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. Agencies are required to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and carefully assess 
the necessity for such actions. DOE has examined this interim final 
rule and has determined that it would not preempt State law and would 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibility among the various levels of government. No 
further action is required by the executive order.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a 
``Family Policymaking Assessment'' for any rule

[[Page 54459]]

that may affect family well-being. This rule has no impact on the 
autonomy or integrity of the family as an institution. Accordingly, DOE 
has concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy, Supply, Distribution, or Use,'' 66 FR 
28355 (May 22, 2001) requires preparation and submission to OMB of a 
Statement of Energy Effects for significant regulatory actions under 
Executive Order 12866 that are likely to have a significant adverse 
effect on the supply, distribution, or use of energy. DOE has 
determined that the interim final rule published today does not have a 
significant adverse effect on the supply, distribution, or use of 
energy and, thus, the requirement to prepare a Statement of Energy 
Effects does not apply.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516 note) provides for agencies to review most dissemination of 
information to the public under guidelines established by each agency 
pursuant to general guidelines issued by OMB. OMB's guidelines were 
published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were 
published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed today's 
interim final rule under the OMB and DOE guidelines and has concluded 
that it is consistent with applicable policies in those guidelines.

K. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of today's interim final rule prior to the 
effective date set forth at the outset of this rulemaking. The report 
will state that it has been determined that the rule is not a ``major 
rule'' as defined by 5 U.S.C. 801(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this interim 
final rule.

List of Subjects in 10 CFR Part 900

    Electric power, Electric utilities, Energy, Reporting and 
recordkeeping requirements.

    Issued in Washington, DC, on September 12, 2008.
Kevin M. Kolevar,
Assistant Secretary, Office of Electricity Delivery and Energy 
Reliability.

0
For the reasons set forth in the preamble, the Department of Energy 
amends chapter II of title 10 of the Code of Federal Regulations by 
adding a new part 900 as set forth below.

PART 900--COORDINATION OF FEDERAL AUTHORIZATIONS FOR ELECTRIC 
TRANSMISSION FACILITIES

Sec.
900.1 Purpose.
900.2 Applicability.
900.3 Definitions.
900.4 Pre-application mechanism.
900.5 Request for coordination.
900.6 Coordination of permitting and related environmental reviews.

    Authority: 16 U.S.C. 824p(h).


Sec.  900.1  Purpose.

    This part provides a process for the timely coordination of Federal 
authorizations for proposed transmission facilities pursuant to section 
216(h) of the Federal Power Act (FPA). The regulations provide for the 
compilation of a single environmental review document in order to 
coordinate all permitting and environmental reviews required to be 
issued under Federal law. They also provide an opportunity for non-
Federal entities to coordinate their own separate non-Federal 
permitting and environmental reviews with that of the permitting 
entities.


Sec.  900.2  Applicability.

    (a) DOE accepts requests for coordination of Federal authorizations 
under this part only for facilities that are used for the transmission 
of electric energy in interstate commerce for the sale of electric 
energy at wholesale.
    (b) DOE does not accept requests for coordination under this part 
of Federal authorizations for electric transmission facilities located 
within the Electric Reliability Council of Texas interconnection.
    (c) DOE does not accept requests for coordination under this part 
from persons that have submitted an application to the Federal Energy 
Regulatory Commission (FERC) for issuance of a permit for construction 
or modification of a transmission facility under 18 CFR 50.6 or have 
initiated pre-filing procedures under 18 CFR 50.5.
    (d) DOE, in exercising its responsibilities under this part, will 
consult regularly with FERC, electric reliability organizations, and 
transmission organizations approved by FERC.


Sec.  900.3  Definitions.

    As used in this part:
    Applicant means a person or entity who is seeking a Federal 
authorization.
    Director means the Director of Permitting and Siting in the Office 
of Electricity Delivery and Energy Reliability within DOE.
    DOE means the U.S. Department of Energy.
    Federal authorization means any authorization required under 
Federal law to site a transmission facility, including permits, special 
use authorizations, certifications, opinions, or other approvals. This 
term includes authorizations issued by Federal and non-Federal entities 
that are responsible for issuing authorizations under Federal law for a 
transmission facility.
    FERC means the Federal Energy Regulatory Commission.
    FPA means the Federal Power Act (16 U.S.C. 791-828c).
    Indian tribe has the same meaning as provided in 25 U.S.C. 450b(e).
    NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.)
    Non-federal entity means Indian tribes, multistate entities, and 
State agencies.
    Permitting entity means any Federal or non-Federal entity that is 
responsible for issuing Federal authorizations.
    Request for coordination means a request to DOE for coordination of 
Federal authorizations under this part.
    Requester means an applicant that is seeking DOE coordination of 
Federal authorizations under this part.
    Single Environmental Review Document means the total material that 
the permitting entities develop--with the lead agency for preparing the 
NEPA document being primarily responsible--and that DOE shall assemble, 
along with any other material considered necessary and made available 
by DOE, in order to fulfill Federal obligations for preparing NEPA 
compliance documents and all other analyses required to comply with all 
environmental, cultural and historic preservation statutes and 
regulations under Federal law. This information shall be available to 
the applicant, all permitting entities, DOE, and all Indian tribes, 
multistate entities, and State agencies that have their own separate 
non-Federal permitting and environmental reviews.


Sec.  900.4  Pre-Application mechanism.

    (a) An applicant, or prospective applicant, for a Federal 
authorization seeking information from a permitting

[[Page 54460]]

entity pursuant to 16 U.S.C. 824p(h)(4)(C) must request information 
pursuant to the terms specified in this section with a permitting 
entity, and notify the Director of the request to the permitting 
entity.
    (b) Any request for information filed under this section shall 
specify in sufficient detail the information sought from the permitting 
entity and shall contain sufficient information for the permitting 
entity to provide the requested information pursuant to 16 U.S.C. 
824p(h)(4)(C).
    (c) Within 60 days of receipt of such a request for information, a 
permitting entity shall provide, to the extent permissible under 
existing law, information concerning the request to the applicant, or 
prospective applicant, and the Director.


Sec.  900.5  Request for coordination.

    (a) A requester shall file a request for coordination with the 
Director.
    (b) The request shall contain:
    (1) The exact legal name of the requester; its principal place of 
business; whether the requester is an individual, partnership, 
corporation, or other entity; the State laws under which the requester 
is organized or authorized; and the name, title, and mailing address of 
the person or persons to whom communications concerning the request for 
coordination are to be addressed;
    (2) A concise general description of the proposed transmission 
facility sufficient to explain its scope and purpose, including:
    (i) The voltage and type of current (alternating or direct);
    (ii) The length of the transmission line;
    (iii) The design and height of the support structures;
    (iv) The proposed route (including the beginning and ending nodes 
of the transmission project, and a brief geographical description of 
the proposed route);
    (v) A map of the proposed route (if available);
    (vi) Any ancillary facilities associated with the proposed route;
    (vii) The proposed dates for the beginning and completion of 
construction and the commencement of service;
    (viii) Whether the applicant for a Federal authorization of the 
proposed transmission facility has submitted an interconnection request 
with a transmission organization or electric reliability organization 
approved by FERC; and
    (ix) The anticipated length of time the proposed transmission 
facility will be in service;
    (3) A list of all permitting entities from which Federal 
authorizations pertaining to the proposed transmission facility are 
needed, including the docket numbers of pending applications with 
permitting entities;
    (4) A list of non-Federal entities that have their own separate 
non-Federal permitting and environmental reviews pertaining to the 
proposed transmission facility, including the docket numbers of 
relevant applications;
    (5) A signed statement to the Director that the requester has 
served a copy of the request for coordination to all permitting 
entities, and all non-Federal entities that have their own separate 
non-Federal permitting and environmental reviews; and
    (6) A statement by the requester certifying that it has informed 
the non-Federal entities that have their own separate non-Federal 
permitting and environmental reviews pertaining to the proposed 
transmission facility that they may coordinate their permitting and 
environmental reviews with DOE and the permitting entities pursuant to 
section 16 U.S.C. 824p(h)(4)(A). The statement should list the specific 
persons served and other pertinent contact information at all 
permitting entities and all non-Federal entities.
    (c) The written request for coordination may be filed by mail or 
hand delivery with the Director at 1000 Independence Avenue, SW., 
Washington, DC 20585, or electronically in MS Word or PDF formats at 
<a href="/cdn-cgi/l/email-protection#5b081e18696a6d331b332a753f343e753c342d"><span class="__cf_email__" data-cfemail="792a3c3a4b484f11391108571d161c571e160f">[email protected]</span></a>. Electronic filing is DOE's preferred method. If 
filing by hand or mail, DOE requests that an electronic copy be filed 
as well.
    (d) Upon receipt, DOE will post and make publicly available at 
http://www.oe.energy.gov/fed_transmission.htm each request for 
coordination and any subsequent correspondence and material filed with 
DOE in connection with the request, except for information exempt from 
disclosure under the Freedom of Information Act.


Sec.  900.6  Coordination of permitting and related environmental 
reviews.

    (a)(1) Upon receipt of a request for coordination, DOE, as the 
coordinator of all applicable Federal authorizations and related 
environmental reviews, and the permitting entities shall jointly 
determine the appropriate level of coordination required, and, where 
applicable, the appropriate permitting entity to be the lead agency for 
preparing NEPA compliance documents, including all documents required 
to support a final agency decision, and all other analyses used as the 
basis for all decisions on a proposed transmission facility under 
Federal law. Designation of the lead agency for preparing NEPA 
documents shall be in compliance with regulations issued by the Council 
on Environmental Quality at 40 CFR 1500 et seq.
    (2) Non-Federal entities that have their own separate non-Federal 
permitting and environmental reviews may elect to participate in the 
coordination process under paragraph (a)(2) of this section.
    (b)(1) DOE as the agency coordinating federal authorizations shall 
establish, maintain, and utilize, to the extent practicable and in 
compliance with Federal law, a single location to store and display 
(electronically if practicable) all of the information assembled in 
order to fulfill Federal obligations for preparing NEPA compliance 
documents and all other analyses required to comply with all 
environmental and cultural statutes and regulations under Federal law. 
This information shall be available to the applicant, all permitting 
entities, DOE, and all Indian tribes, multistate entities, and State 
agencies that have their own separate non-Federal permitting and 
environmental reviews.
    (2) DOE shall establish and maintain, to the extent practicable and 
in compliance with Federal law, a single location to store and display 
the information utilized by the permitting entities as the basis for 
their decisions on the proposed project under Federal law, including 
all environmental, cultural protection and natural resource protection 
statutes and regulations.
    (3) In coordinating the preparation of a single environmental 
review document, DOE will rely upon the permitting entities, as 
appropriate, to ensure compliance with all applicable requirements of 
Federal law.
    (4) The single environmental review document shall be made 
available to all permitting entities for making their agency decisions 
in order to ensure that each permitting entity's environmental review 
is in compliance with the statutory mandates and regulatory 
requirements applicable to action by that permitting entity.
[FR Doc. E8-21866 Filed 9-18-08; 8:45 am]
BILLING CODE 6450-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>