Rehearing Order News Release 1977-A

October 17, 2024
News Media Contact:
[email protected]
Docket No. RM22-7-001
Agenda Item: E-1

Commission Takes Final Action on Transmission Siting Rule
FERC today took final action on Order No. 1977, the rule implementing its limited authority over siting
electricity transmission lines, by requiring applicants seeking rights of way on Tribal lands for their
projects to include their proposals in their Tribal engagement plans.
Order No. 1977, approved by the Commission in May, updates the process to be used when FERC is
called upon to exercise its limited authority to site electric transmission lines under the Federal Power
Act as amended by Congress in 2021. The new rule includes a Landowner Bill of Rights, codifies an
Applicant Code of Conduct as one way for applicants to demonstrate good faith efforts to engage with
landowners in the permitting process, and directs applicants to develop engagement plans for
outreach to environmental justice communities and Tribes.
Today’s order addresses arguments raised on rehearing of Order No. 1977 and adds a new
requirement for applicants’ engagement plans for outreach to Tribes. Now, if a project requires a right
of way on Tribal land, the applicant must describe in its Tribal engagement plan how it will work with
Tribal landowners on right-of-way issues.
“We at FERC are focused on Tribal engagement,” FERC Chairman Willie Phillips said. “It is important
that project sponsors work closely with Tribal landowners on these right-of-way issues as part of their
overall engagement with Tribes on transmission matters.”
The order also responds to arguments raised on rehearing related to when FERC’s jurisdiction is
triggered, how state siting decisions will be considered in the FERC proceeding, the scope of the
Applicant Code of Conduct and the Landowner Bill of Rights and the analysis of climate impacts.
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