FERC-729, Electric Transmission Facilities (NOPR in RM22-7)

The blackout of August 2003 highlighted the need to bolster the nation’s electric transmission system. However, even after the blackout, construction of interstate transmission remained relatively stagnant. This prompted Congress to require that the Department of Energy (DOE) identify transmission constraints. Specifically, the Energy Policy Act of 2005 (EPAct 2005) mandates that DOE conduct a study of electric transmission congestion within one year of enactment and every three years thereafter. After DOE conducts the study, EPAct 2005 requires that DOE issue a report, based on the study, designating any geographic areas experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers as a national interest electric transmission corridor (NIETC). Section 1221 of EPAct 2005 added a new Section 216 to the Federal Power Act (FPA). Section 216(c)(2) of the FPA requires that the Commission issue rules specifying the form of and the information to be contained in an application for proposed construction or modification of electric transmission facilities in a designated NIETC, and the manner of service of notice of the permit application on interested persons. The Commission implemented these requirements in a new Part 50 of existing subchapter B of the Commission’s regulations. The new procedures required certain modifications to other existing regulations, including the Commission’s regulations implementing the National Environmental Policy Act of 1969 (NEPA) in Part 380. The purpose of these regulations is to implement the Commission’s mandates under EPAct 2005 Section 1221 which authorizes the Commission to issue permits under FPA Section 216(b) for electric transmission facilities and the Commission’s delegated responsibility to coordinate all other federal authorizations under FPA Section 216(h). Section 50.2(b) and (c) requires any entity seeking a permit to construct electric transmission facilities to file all the information required by the proposed regulations for Commission consideration. The Commission considers the requirements of Part 50 a direct obligation. All filing requirements necessary to issue a construction permit must be filed unless the prospective applicant or applicant provides a specific showing of why something was not filed. Finally, under Section 50.2(d), the burden of proof of providing all the information in an intelligible form and justification for omitted data lies on the prospective applicant.

The latest form for FERC-729, Electric Transmission Facilities (NOPR in RM22-7) expires 2022-10-31 and can be found here.