Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Proposed Rules

36258 Federal Register / Vol. 71, No.
122 / Monday, June 26, 2006 / Proposed Rules
listed in this document would be Paragraph 6005 Class E airspace areas of their comments to: Federal Energy
published subsequently in the Order. extending upward from 700 feet or more Regulatory Commission, Secretary of the
The FAA has determined that this above the surface of the earth. Commission, 888 First Street, NE.,
proposed regulation only involves an * * * * * Washington, DC 20426. Please refer to
established body of technical ACE MO E5 Higginsville, MO the Comment Procedures Section of the
regulations for which frequent and preamble for additional information on
Higginsville Industrial Municipal Airport,
routine amendments are necessary to MO
how to file paper comments.
keep them operationally current. It, (Lat. 39°04′22″ N., long. 93°40′39″ W.) FOR FURTHER INFORMATION CONTACT: John
therefore, (1) is not a ‘‘significant That airspace extending upward from 700 Schnagl, Office of Energy Projects,
regulatory action’’ under Executive feet above the surface within a 6.9-mile Federal Energy Regulatory Commission,
Order 12866; (2) is not a ‘‘significant radius of Higginsville Industrial Municipal 888 First Street, NE., Washington, DC
rule’’ under DOT Regulatory Policies Airport. 20426, (202) 502–8756,
and Procedures (44 FR 11034; February * * * * * john.schnagl@ferc.gov; Carolyn Van Der
26, 1979); and (3) does not warrant Jagt, Office of the General Counsel,
Issued in Kansas City, MO, on June 13,
preparation of a Regulatory Evaluation Federal Energy Regulatory Commission,
2006.
as the anticipated impact is so minimal. 888 First Street, NE., Washington, DC
Donna R. McCord,
Since this is a routine matter that will 20426, (202) 502–8620,
only affect air traffic procedures and air Acting Area Director, Western Flight Services
Operations. carolyn.VanDerJagt@ferc.gov.
navigation, it is certified that this rule,
when promulgated, will not have a [FR Doc. 06–5672 Filed 6–23–06; 8:45 am] SUPPLEMENTARY INFORMATION:
significant economic impact on a BILLING CODE 4910–13–M
I. Introduction
substantial number of small entities
under the criteria of the Regulatory 1. On August 8, 2005, the Energy
Flexibility Act. DEPARTMENT OF ENERGY Policy Act of 2005 (EPAct 2005) became
This proposed rulemaking is law.1 Section 1221 of EPAct 2005 adds
promulgated under the authority Federal Energy Regulatory a new section 216 to the Federal Power
described in Subtitle VII, Part A, Commission Act (FPA), providing for Federal siting
Subpart I, Section 40103. Under that of electric transmission facilities under
section, the FAA is charged with 18 CFR Parts 50 and 380 certain circumstances. The Nation’s
prescribing regulations to assign the use [Docket No. RM06–12–000]
electric system is an extensive,
of the airspace necessary to ensure the interconnected network of power lines
safety of aircraft and the efficient use of Regulations for Filing Applications for that transport electricity from generator
airspace. This proposed regulation is Permits To Site Interstate Electric to consumer. The system was originally
within the scope of that authority since Transmission Corridors built by electric utilities over a period
it would contain aircraft executing of 100 years, primarily to serve local
Issued June 16, 2006. customers and maintain system
instrument approach procedures to
Higginsville Industrial Municipal AGENCY: Federal Energy Regulatory reliability. However, due to a doubling
Airport, MO. Commission, DOE. of electricity demand and generation
ACTION: Notice of proposed rulemaking. over the past three decades and the
List of Subjects in 14 CFR Part 71 advent of competitive wholesale
Airspace, Incorporation by reference, SUMMARY: The Federal Energy electricity markets, the need to transfer
Navigation (Air). Regulatory Commission (Commission) is large amounts of electricity across the
proposing regulations in accordance grid has increased significantly in recent
The Proposed Amendment with section 1221 of the Energy Policy years.2 Investment in new transmission
In consideration of the foregoing, the Act of 2005 to implement filings facilities has not kept pace with the
Federal Aviation Administration requirements and procedures for entities need to increase transmission system
proposes to amend 14 CFR part 71 as seeking to construct electric capacity and maintain system
follows: transmission facilities. The proposed reliability. The blackout of August 2003
regulations will expedite the highlighted the need to bolster the
PART 71—DESIGNATION OF CLASS A, Commission’s permitting process by nation’s electric transmission system.
CLASS B, CLASS C, CLASS D, AND coordinating the processing of Federal 2. New section 216 of the FPA
CLASS E AIRSPACE AREAS; authorizations and environmental requires that the Secretary of Energy
AIRWAYS; ROUTES; AND REPORTING review of electric transmission facilities (Secretary) identify transmission
POINTS in national interest transmission constraints. It mandates that the
corridors. Secretary conduct a study of electric
1. The authority citation for part 71
DATES: Comments are due on or before transmission congestion within one year
continues to read as follows:
August 25, 2006. of enactment and every three years
Authority: 49 U.S.C. 106(g); 40103, 40113, thereafter, and that the Secretary then
40120; E.O. 10854, 24 FR 9565, 33 CFR, ADDRESSES: You may submit comments,
identified by Docket No. RM06–12–000, issue a report, based on the study,
1959–1963 Comp., p. 389.
by one of the following methods: which may designate any geographic
§ 71.1 [Amended] • Agency Web Site: http://ferc.gov. area experiencing electric energy
2. The incorporation by reference in Follow the instructions for submitting transmission capacity constraints or
wwhite on PROD1PC61 with PROPOSALS
14 CFR 71.1 of Federal Aviation comments via the eFiling link found in congestion that adversely affects
Administration Order 7400.9N, the Comment Procedures Section of the
1 Pub.L. 109–58, 119 Stat. 594 (2005).
Airspace Designations and Reporting preamble. 2 SeeConsiderations for Transmission Congestion
Points, dated September 1, 2005, and • Mail: Commenters unable to file Study and Designation of National Interest Electric
effective September 16, 2005, is comments electronically must mail or Transmission Corridors (Department of Energy), 71
amended as follows: hand deliver an original and 14 copies FR 5560 (February 2, 2006).
VerDate Aug<31>2005 21:18 Jun 23, 2006 Jkt 208001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Proposed Rules 36259
consumers as a national interest electric section 216(h)(4)(A), to ensure timely DOE will conduct a pre-application
transmission corridor. efficient reviews and permit decisions, process under for Federal authorizations
3. Once a national interest DOE is required to establish prompt and under FPA section 216(h)(4)(C), the
transmission corridor is designated by binding intermediate milestones and Commission will also conduct a pre-
the Secretary, the Commission has the ultimate deadlines for all Federal filing process to facilitate maximum
authority under FPA section 216(b) to reviews and authorizations required for participation from all interested entities
issue permits to construct or modify a proposed electric transmission and individuals and to assist an
electric transmission facilities in such a facility.5 Section 216(h)(5)(A) of the applicant in compiling the information
corridor under certain circumstances. FPA requires that DOE as lead agency, needed to file a complete application.
The Commission has the authority to in consultation with the other affected Based on its experience in processing
issue permits to construct or modify agencies, prepare a single applications for natural gas facilities
electric transmission facilities if it finds environmental review document that and hydroelectric projects, the
that: (1) A State in which such facilities would be used as the basis for all Commission has found that an extensive
are located does not have the authority decisions for the proposed projects pre-filing process allows the
to approve the siting of the facilities or under Federal law. Commission to process the ultimate
to consider the interstate benefits 6. The Secretary determined that it application expeditiously. The
expected to be achieved by the would be beneficial to use the Commission intend that its pre-filing
construction or modification of the Commission’s existing expertise and process be consistent with DOE’s pre-
facilities; (2) the applicant is a experience in siting energy facilities to application process to ensure a prompt
transmitting utility but does not qualify coordinate and process Federal and coordinated approach to siting
to apply for siting approval in the State authorizations and related facilities within national interest
because the applicant does not serve environmental reviews for proposed transmission corridors.
end-use customers in the State; (3) the facilities in national interest
transmission corridors. Thus, effective II. Discussion
State commission or entity with siting
authority withholds approval of the May 16, 2006, the Secretary delegated 8. Section 216(c)(2) of the FPA
facilities for more than one year after an paragraphs (2), (3), (4)(A)–(B), and (5) of requires that the Commission issue rules
application is filed or one year after the FPA section 216(h) to the Commission specifying the form of, and the
designation of the relevant national as they apply to proposed facilities in information to be contained in, an
designated national interest electric application for proposed construction or
interest electric transmission corridor,
transmission corridors.6 Specifically, modification of electric transmission
whichever is later, or the State
the Secretary delegated to the facilities in a designated national
conditions the construction or
Commission DOE’s lead agency interest electric transmission corridor,
modification of the facilities in such a
responsibilities for the purpose of and the manner of service of notice of
manner that the proposal will not
coordinating all applicable Federal the permit application on interested
significantly reduce transmission
authorizations and related persons. The Commission proposes to
congestion in interstate commerce or is
environmental review and preparing a implement regulations in a new Part 50
not economically feasible.3
single environmental review document of existing subchapter B of the
4. Additionally, under FPA sections
for facilities in a designated national Commission’s regulations. The new
216(b)(2) through (6), the Commission procedures will also require certain
must find that the proposed facility: (1) interest electric transmission corridor.
In developing the environmental modifications to other existing
Will be used for the transmission of regulations, including the Commission’s
electric energy in interstate commerce; document, the Commission will
establish prompt and binding regulations implementing the National
(2) is consistent with the public Environmental Policy Act of 1969
interest; 4 (3) will significantly reduce intermediate milestones and ultimate
deadlines for the review, and ensure (NEPA) in Part 380. The proposed
transmission congestion in interstate regulations provide for a Project
commerce and protect or benefit that all Federal permits are issued, and
reviews for proposed facilities in a Participation Plan (Participation Plan)
consumers; (4) is consistent with sound that will be filed at the beginning of the
national energy policy and will enhance designated national interest electric
transmission corridor are completed, pre-filing process and will be used
energy independence; and (5) will during the pre-filing and application
maximize, to the extent reasonable and within a year or as soon as practicable
thereafter. processes to facilitate maximum
economical, the transmission participation from all interested entities
7. Under FPA section 216(h)(4)(C),
capabilities of existing towers or and individuals.
DOE is required to provide an
structures.
expeditious pre-application mechanism A. Project Participation
5. New FPA section 216(h)(2)
for an applicant to confer with the
designates the Department of Energy 9. Section 216(d) of the FPA requires
agencies responsible for any separate
(DOE) as lead agency to coordinate all that the Commission afford each State in
permitting and environmental reviews
Federal authorizations needed to which the transmission facility covered
required by Federal law. During that
construct proposed electric transmission by the permit application is or will be
process, the agencies are required to
facilities in national interest electric located, each affected Federal agency
communicate to applicants the
transmission corridors. Under FPA and Indian tribe, private property
likelihood for approval for a potential
facility and key issues of concern. While owners, and other interested persons, a
3 Under FPA section 216(i)(4), the Commission
reasonable opportunity to present their
may not issue a permit for facilities within a State
that is a party to an interstate compact establishing 5 Under FPA section 216(h)(6)(A), if any agency views and recommendations with
a regional transmission siting agency unless the has denied a Federal authorization required for a respect to the need for and impact of a
members of the compact are in disagreement and transmission facility, or has failed to act by the facility covered by the permit
the Secretary makes certain findings. deadline established by the Secretary, the applicant application. Additionally, under FPA
4 The Commission will make a public interest or any State in which the facility would be located
determination based on the entire record of the may file an appeal with the President. section 216(h)(3) and its delegated
proceeding, and after due consideration of the 6 Department of Energy Delegation Order No. 00– authority, the Commission needs to
issues raised. 004.00A. coordinate the Federal authorization
36260 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Proposed Rules
and review process with any Federal proposed project will be located. the applicant’s anticipated timing of its
agencies, Indian tribes, multistate Proposed § 50.4(a)(3) requires that the construction or modification process; (4)
entities, and State agencies that are applicant detail how it intends to a general description of what the
responsible for conducting separate respond to requests for information from landowner will need to do if the project
permitting and environmental reviews the public as well as Federal, State, and is approved and a company contact
of the facilities. tribal permitting entities. knowledgeable about the project; (5) a
10. The Commission is proposing a brief summary of the eminent domain
Participation Plan to facilitate maximum 2. Document Availability
rules of the relevant State; (6)
participation from all stakeholders. 14. Under proposed § 50.4(b), the information on how the landowner can
Proposed § 50.1 defines a stakeholder as applicant must make copies of all of its obtain a copy of the pre-filing materials
a Federal, State, or multistate, tribal or filings readily available for all and the subsequent application,
local agency, any affected non- stakeholders to review. Within three including information on how the
governmental organization, or other business days of the date a pre-filing landowner can obtain copies of CEII;
interested person. In other words, a request is filed and when the and (7) an explanation of the difference
stakeholder includes agencies and application is issued a docket number, between the pre-filing and application
individuals contemplated under FPA copies of the pre-filing and application process and how the affected landowner
section 216(d) and the permitting materials must be placed in accessible may participate in each.
agencies contemplated under FPA central locations in each county 18. Given the extent of the pre-filing
section 216(h)(3).7 Proposed § 50.4 throughout the project area listed under process, the Commission believes that
details the requirements for the proposed § 50.4(b)(1) in paper or all stakeholders will be notified during
Participation Plan, including document electronic format and on the company’s that process. Therefore, once the
availability and project notification. Web site developed in compliance with application is filed, under proposed
Under proposed § 50.5(c)(7), the proposed § 50.4(a)(1). § 50.4(c)(2)(ii), the applicant is only
Participation Plan needs to be filed at 3. Project Notification required to notify all stakeholders that
the beginning of the pre-filing process. the application has been filed by
15. Proposed § 50.4(c) lists the project supplying them with a copy of the
1. Stakeholder Participation notification requirements. The applicant Commission’s notice of the application.
11. Under proposed § 50.4, the is required to notify all stakeholders, If the project route is changed during
Commission proposes to require a including affected landowners. the pre-filing or application process to
potential applicant to prepare a Proposed § 50.1 defines an affected potentially affect additional
Participation Plan to use during the pre- landowner as an owner of property stakeholders, or it is determined that
filing and application processes. The interests, as noted in the most recent tax stakeholders have not previously been
Participation Plan will be used to notice, whose property is: (1) Directly identified, once the stakeholder is
provide accurate and timely information affected, crossed or used, by the identified, the applicant must supply
concerning all aspects of the proposed proposed project; or (2) abuts either side those new stakeholders with the
project, including environmental of an existing right-of-way or proposed information required in proposed
impacts as well as the national and local facility site or right-of-way. § 50.4(c).
benefits of the proposed project, to all 16. Under proposed § 50.4(c)(1)(i)(A), 19. Finally, under proposed
stakeholders. The Participation Plan the applicant is required to send § 50.4(c)(5), if any stakeholder requests
will detail how the applicant will notification of the proposed new information that contains CEII, the
facilitate stakeholder communications facilities or modification of existing applicant must request that information
and dissemination of information about facilities to all stakeholders within 14 from the Commission under the
the proposed project for both the pre- days after the Director of Office of procedures in § 388.113 of the
filing and application proceedings, Energy Projects (OEP) or his designee Commission’s regulations.
discussed below. It will also detail the notifies the applicant of the
commencement of the pre-filing B. Pre-Filing Process
applicant’s plan for seeking and
acquiring all necessary Federal, State, process. Under proposed 20. The proposed regulations provide
tribal, and local authorizations under § 50.4(c)(1)(i)(B), when an application is for, among other things, an extensive
Federal, State, and local laws. subsequently filed, the applicant must pre-filing process in proposed § 50.5
12. Proposed § 50.4(a)(1), requires, notify all stakeholders within three that will facilitate maximum
among other things, that the applicant business days after the Commission participation from all stakeholders to
identify how it intends to facilitate issues a notice of the application as provide them with an opportunity to
stakeholder communications. It also proposed in § 50.9. Additionally, under present their views and
requires that the applicant create and proposed § 50.4(c)(1)(ii), the applicant recommendations with respect to the
maintain a Web site specifically devoted must publish the notice of the pre-filing need for and impact of the facilities
to the project and have a single point of request and application filing twice in a early on in the planning stages of the
contact within the company to address daily or weekly newspaper of general proposed facilities as required under
communications from stakeholders. circulation in each county in which the FPA section 216(d). The pre-filing
13. Proposed § 50.4(a)(2) requires that facilities will be located. process also will assist the applicant in
the applicant list the central locations 17. During the pre-filing process, compiling the information needed to file
throughout the project area where discussed below, under proposed a complete application so that all
copies of the all filings related to the § 50.4(c)(2)(i), the notification reviews under Federal law can be
distributed by the applicant must completed within one year after the
7 Proposed § 50.1 defines a permitting entity as include: (1) The docket number of the application is filed, or as soon thereafter
any entity, including Federal, State, tribal, or pre-filing proceeding; (2) a copy of the as is practicable. During the pre-filing
multistate, or local agency that is responsible for most recent edition of the Commission’s process, the Commission will work with
conducting reviews for any Federal authorization
that will be required to construct an electric
pamphlet Electric Transmission the applicant and other permitting
transmission facility in a national interest electric Permitting Process; (3) a description of entities to coordinate the reviews and
transmission corridor. the project, its location, purpose, and compile the information necessary for
all required Federal authorizations for 24. Commission staff will also review 28. Finally, proposed § 50.5(c)(7)
the proposed facilities.8 the applicant’s eligibility for requires that the applicant file the
21. Because of the potential for Commission approval of a proposed Participation Plan required in proposed
differences between projects, the facility, outline the pre-filing process, § 50.4(a). The Participation Plan must
Commission does not propose to set and provide guidance as to what further include a listing and schedule of all pre-
exact timeframes for the pre-filing work is necessary to prepare the pre- filing and application activities,
process. The timeframe will depend filing request. Commission staff will including, among other things,
upon, among other things, the size of also review the proposed project to consultations, information gathering
the project, stakeholder participation, determine if the applicant will be and studies, and proposed location(s)
and the applicant’s preparedness. The required to hire a third-party contractor and date(s) for the meetings and site
Commission expects that the pre-filing to assist in preparing a NEPA document, visits, if applicable. The Director of OEP
process for large, multi-state under the direction of the Commission may require that the applicant modify
‘‘greenfield’’ projects, will take longer staff. The use of a third-party contractor the Participation Plan as necessary.
than the pre-filing process for minor can ensure that the environmental 3. Commencement of Pre-filing Process
modifications to existing facilities.9 The review of a proposed project proceeds
Commission anticipates that the pre- expeditiously. 29. The Director of OEP will review
filing process for extensive projects may the information filed by the applicant
2. Initial Filing Requirements and determine if there is sufficient
take at least a year to complete.
25. Proposed § 50.5(c) lists the information to commence the pre-filing
Additionally, the environmental
contents of a pre-filing request. process. If the Director of OEP
resource reports required under
Proposed § 50.5(c)(1) requires that the determines the information filed is
proposed § 380.16, discussed below,
applicant file a proposed schedule, insufficient, the applicant will be
will require comprehensive field work
including when it anticipates filing its notified in writing of any deficiencies or
and study to compile the information
completed application and when it the need for additional information, and
necessary to comply with the
proposes to energize its project and be given a reasonable time to correct the
Commission’s obligations under NEPA.
commence service on the facilities. deficiencies or file the additional
22. As stated above, the pre-filing information. If the applicant fails to cure
timeframe is also dependent on the Proposed § 50.5(c)(2) requires that a pre-
filing request include a description of the deficiencies within the time
preparedness of the applicant. The pre- specified, the Director of OEP may
filing process is designed to assist the the project, including maps and plot
terminate the pre-filing process. If the
applicant in compiling the information plans showing all major components,
Director of OEP determines the filing is
needed to prepare a complete zoning requirements, and site
sufficient, the applicant will be notified
application and to coordinate the review availability. Any additional case-
under proposed § 50.5(d) and the pre-
process for other Federal authorizations. specific information that may be needed
filing process will begin.
The further along the applicant is in under this section will be discussed at
obtaining the necessary Federal the initial consultation. Proposed 4. Subsequent Filing Requirements
authorizations and the information § 50.5(c)(3) requires that the applicant 30. The proposed regulations include
needed for a completed application file a list of the permitting entities a schedule for subsequent filings, once
when it commences the pre-filing responsible for conducting separate the pre-filing process has begun.
process, the sooner the applicant will be Federal permitting and environmental Proposed § 50.5(e)(1) requires that the
prepared to file a complete application. reviews for the proposed project. applicant finalize its Participation Plan
Under proposed § 50.5(a), all applicants 26. Proposed § 50.5(c)(4) requires a within seven days after the notice is
seeking a permit to site new or to list of other stakeholders that have been issued. Proposed § 50.5(e)(2) requires
modify existing electric transmission contacted, or have contacted the that the applicant finalize the contract
facilities must comply with the applicant, about the project. Proposed with the third-party contractor, if
proposed pre-filing process before they § 50.5(c)(5) requires the applicant to file required, in 14 days. Proposed
submit a permit application. information concerning the status of § 50.5(e)(3)(i) requires that the applicant
work already conducted, including provide all stakeholders with the notice
1. Initial Consultation contacting agencies and individuals commencing the pre-filing process.
23. Under proposed § 50.5(b), an listed in proposed §§ 50.5(c)(3) and (4) Proposed § 50.5(e)(3)(ii) specifically
applicant must meet with the Director of its progress in DOE’s pre-application refers to the additional notification
OEP before filing its pre-filing materials. process. Additionally, the applicant requirement for affected landowners in
During that meeting, Commission staff must file all information concerning proposed § 50.4(c).
will review the applicant’s proposed engineering and environmental studies 31. Proposed § 50.5(e)(3)(iii) provides
project description, including the status and route planning work conducted by that the applicant must notify
of the applicant’s progress towards contractors. The filing also must include permitting entities with Federal
collecting the data needed to commence information concerning any public authorization processes within 14 days
the pre-filing process, any preliminary meetings the proposed applicant has of commencing the pre-filing process.
contacts the applicant has had with conducted regarding the proposed As discussed below, the Commission
stakeholders, including its progress in project. intends to compile the information
DOE’s pre-application process, and 27. Proposed § 50.5(c)(6) requires that necessary for its NEPA analysis
preliminary details about the project. the applicant propose at least three primarily during the pre-filing process.
third-party NEPA contractors for the Thus, the Commission proposes that the
8 Proposed § 50.1 defines Federal authorization to Commission to consider for the applicant request in its notice, and that
include such permits, special use authorizations, proposed project. Under proposed the permitting agencies identify in their
certifications, opinions, or other approvals that may § 50.5(d)(1), the Director of OEP’s notice responses, any specific information, not
be required under Federal law to site a transmission
facility, as defined in FPA section 216(h)(B). commencing the pre-filing process will required by the Commission in its
9 Greenfield facilities are facilities that primarily designate the chosen third-party resource reports required under
will be located in new rights-of-way. contractor. proposed § 380.16, that they may need
to reach a decision concerning the terminate the pre-filing proceeding proposed facilities must be completed
proposed project. The Commission without prejudice to the applicant’s re- within one year, or, if a requirement of
envisions that this information will be applying. another provision of Federal law does
compiled during the pre-filing process not permit compliance within one year,
5. Pre-filing Activities
to facilitate the development of a as soon thereafter as practicable.
preliminary NEPA document by the 35. The Commission envisions that, Therefore, it is imperative that a filed
conclusion of the pre-filing process. during the pre-filing process, application contain all information
Once all stakeholders have been notified Commission staff will assist the necessary for the Commission to
under proposed § 50.5(e)(3), proposed applicant to compile a complete proceed with an expedited review of the
§ 50.5(e)(4) requires that the applicant application while informing the public proposal.
must submit a mailing list of all of the proposed project and promoting 38. Proposed § 50.6 requires that the
stakeholders contacted within 30 days. participation to provide an opportunity application generally summarize and
32. Under proposed § 50.5(e)(5), the for all stakeholders to present their provide background and non-technical
applicant must file a summary of all views and recommendations for the information concerning the proposed
alternatives considered within 30 days proposed project. Potential staff project. Proposed §§ 50.6(a) and (b)
of the Director of OEP’s notification. activities during the pre-filing process require information concerning the
Proposed § 50.5(e)(6) requires that the may include, but will not be limited to: applicant’s contact information and a
applicant file an updated list of all (1) Assisting the applicant in identifying description of the applicant’s existing
Federal, State, tribal, and local agencies stakeholders, including landowners, business.
permits and authorizations that are interested organizations, and other 39. Under proposed § 50.6(c), the
necessary to construct or modify the individuals; (2) conducting site visits, applicant must file a concise, general
proposed facilities. The list must examining potential alternatives, and description of the proposed project
include a schedule detailing when the holding open meetings; (3) facilitating sufficient to explain its scope and
applications for the permits and the identification of issues and purpose, including the proposed
authorizations will be submitted (or resolution of those issues; (4) assisting geographic location of the principal
were submitted). As stated, the the applicant in coordinating other project features and the planned routing
Secretary will establish a pre- necessary Federal authorizations; (5) of the transmission line. The summary
application mechanism under FPA preparing and issuing the also must contain the general
section 216(h)(4)(C). The mechanism environmental scoping documents; (6) characteristics of the transmission line
will facilitate consultation among facilitating cooperating agency including voltage, types of towers,
prospective applicants and permitting environmental review and the origin and termination point of the
agencies regarding key issues of concern preparation of a preliminary transmission line, and the geographic
and the likelihood of approval of the Environmental Assessment or character of the area traversed by the
proposed facility. The permitting Environmental Impact Statement under line. The written description must be
entities have 60 days to respond to the NEPA; and (7) providing technical accompanied by an overview map of
applicant’s request for information. The assistance to other permitting entities, sufficient scale to show the entire
applicant’s filing under proposed upon request. transmission route.
§ 50.5(e)(6)(iii) must specifically detail 40. Proposed §§ 50.6(d) requires that
the information gathered during DOE’s 6. Concluding the Pre-Filing Process the applicant demonstrate that the filing
pre-application process. 36. The Director of OEP will complies with FPA sections 216(a).
33. One purpose of the Commission’s determine when the applicant has Specifically, the applicant must
pre-filing process is to assist the compiled sufficient information such demonstrate that the proposed facilities
applicant in compiling the necessary that a complete application can be filed. are located in a national interest electric
environmental resource reports. Under proposed § 50.5(f), the applicant transmission corridor, as determined by
Proposed § 50.5(e)(7) requires that the DOE. Under proposed § 50.6(e), the
is required to include all the
applicant file the first drafts of the applicant must demonstrate that the
information specified by the
resource reports required in proposed proposed project complies with the
Commission staff during the pre-filing
§ 380.16 in a format that will allow for requirements of FPA sections 216(b)(2)
process, including all required exhibits
efficient interpretation and through (6). Specifically, it must
and environmental information, in the
incorporation of the information into demonstrate that the proposed
electric transmission facility
the draft NEPA document. Specific construction or modification of
application. As discussed below,
formatting requirements will be facilities: (1) Will be used for the
because of statutory time limits, the
discussed at the initial consultation transmission of electric energy in
Commission will require that a
meeting proposed under proposed interstate commerce; (2) is consistent
preliminary NEPA document be
§ 50.5(b) and will be based on best with the public interest; (3) will
prepared before an application is filed.
available technology. significantly reduce transmission
34. Under proposed § 50.5(e)(8), the Once the pre-filing process is
congestion in interstate commerce and
applicant is required to file monthly completed, the Commission anticipates
protect or benefit consumers; (4) is
status reports updating its progress in expeditiously processing the resultant
consistent with sound national energy
compiling the application information. application.
policy and will enhance energy
If the applicant fails to file a status C. Applications independence; and (5) will maximize, to
report or a response to a request for the extent reasonable and economical,
additional information, or is failing to 1. General Content
the transmission capabilities of existing
make sufficient progress toward 37. As stated, once the pre-filing towers or structures.
obtaining the requisite permits or process is completed a permit 41. Proposed §§ 50.6(f) and (g) require
authorizations or towards the goal of application may be filed. Section that the applicant describe the
compiling the information needed for a 216(h)(4)(B) of the FPA requires that anticipated timeframe for constructing
complete application, under proposed once an application is submitted, all or modifying the facilities and
§ 50.5(e)(8), the Director of OEP may reviews under Federal law for the commencing operations and a general
description of how the applicant E. Notice of Application Commission when it has commenced
proposes to finance the project. 46. Under proposed § 50.9(a), the construction and when it places the new
Proposed § 50.6(h) requires the Commission will issue, and publish in or modified facilities in service.
applicant to list all necessary approvals the Federal Register, a notice of the 50. A permit cannot be transferred
that it will need to construct the application when it determines the without prior Commission’s approval.
proposed facilities and provide application contains all the necessary Under proposed § 50.11(g), an applicant
information concerning how it intends information for an expedited review. proposing to transfer a permit to
to acquire, or the status of, those Under proposed § 50.9(b), the notice construct or modify transmission
approvals. will establish prompt and binding facilities, must file a petition requesting
42. Proposed § 50.6(i) states that the intermediate milestones and ultimate authorization to do so. The petition
deadlines for the coordination and must: (1) State the reasons for the
application must contain a table of
review of all applicable Federal transfer; (2) show that the transferee is
contents listing all exhibits and
authorizations, as determined in qualified to carry out the provision of
supporting evidence that is filed with
consultation with the permitting the permit; (3) be verified by all parties
the application. Finally, under proposed
agencies during the Commission’s pre- to the proposed transfer; (4) be
§ 50.6(j), the applicant is required to file
filing and DOE’s pre-application accompanied by a copy of the transfer
a draft notice for the Commission to
processes, as required under FPA agreement; (5) be accompanied by an
have published in the Federal Register. affidavit of service of a copy on all
section 216(h)(4)(A).
2. Exhibits parties to the permit proceeding; and (6)
F. Intervention be accompanied by a affidavit that all
43. Proposed § 50.7 contains the 47. Proposed § 50.10 pertains to the affected landowners have been notified
requirements for the exhibits that must intervention procedures for the of the proposed transfer.
be filed with the application. The application process.10 As stated, once it
exhibits will contain the technical data is determined that the application is H. Regulations Implementing the
needed for the Commission’s analysis of complete, the Commission will issue a National Environmental Policy Act
the application. Proposed §§ 50.7(a) notice that it intends to process the 51. Part 380 of the Commission’s
through (c), Exhibits A through C, application. The notice will fix a time regulations implements its
require information concerning the within which anyone desiring to responsibilities under NEPA.11 The
applicant’s company, including articles participate in the proceeding may file a Commission proposes to revise those
of incorporation, bylaws, State motion to intervene in accordance with regulations by adding sections dealing
authorizations, company officials, and § 385.214 of the Commission’s with its new responsibilities with
subsidiaries and affiliations. Proposed regulations. respect to the siting of electric
§ 50.7(d), Exhibit D, requires a list of G. General Conditions Applicable to transmission facilities. Proposed
other filings the applicant currently has Permits § 380.3(c)(3) adds electric transmission
pending before the Commission which projects to the list of activities for which
48. The Commission will condition environmental information must be
could impact the proposed project. permits to construct or modify supplied. Proposed §§ 380.5(b)(14) and
44. As discussed above, a general transmission facilities in order to 380.6(a)(5) add electric transmission
location map must be filed under conclude that the proposed facilities are facilities to the lists of projects for
proposed § 50.7(e), as Exhibit E. All the in the public interest. Proposed which the Commission will do an
environmental data required in Part 380 §§ 50.11(a) and (b) list general environmental assessment or
of the Commission’s regulations, conditions that will be applicable to all environmental impact statement.
discussed below, will be filed as permits. Other case-specific conditions
52. Based on some confusion
proposed Exhibit F under proposed will be discussed in the permit order.
49. Under proposed § 50.11(c), all encountered by the Commission in
§ 50.7(f). Engineering data and system natural gas pre-filing proceedings,
analysis data must be filed in Exhibits applicants must follow the American
National Standards Institute’s National proposed § 380.10(a)(2)(iii) clarifies that
G and H, respectively, under proposed interventions should not be filed in
§§ 50.7(g) and (h). Finally, project cost Electrical Safety Code while
constructing the permitted facilities. natural gas pre-filing proceedings and in
and financial data and construction, the proposed electric transmission pre-
operation, and management data must Proposed § 50.11(d) requires that the
permittee obtain approval from the filing proceedings. Interventions and
be filed in Exhibits I and J, respectively. party status, and the rights and
Director of OEP prior to constructing the
D. Acceptance/Rejection of Applications facilities or commencing operations. obligations established thereunder, are
Proposed § 50.11(e) requires that the granted under § 385.214 of the
45. As stated, FPA section permittee construct the facilities within Commission regulations after an
216(h)(4)(B) requires that all Federal the time frame specified by the application is filed. The pre-filing
permit decisions and environmental Commission. If the applicant cannot natural gas and electric transmission
review be completed within one year meet this deadline, it must notify the processes are informal proceedings for
after the application is filed, or as soon Commission and request an extension of which intervention status is not
thereafter as practicable. Under time. If circumstances have changed appropriate.
proposed § 50.8(a) applications will be since the permit was issued, the 53. Under proposed § 380.15(c),
docketed when received. Under Commission may require additional approved electric transmission facilities
proposed § 50.8(b), the Director of OEP analysis of the proposed project to are subject to the National Electric
will reject any application that does not ensure the proposed request is in the Safety Code. Additionally, under
comply with the FPA and the public interest. Proposed § 50.11(f) proposed §§ 380.15(d) and (e), the
Commission’s regulations. Under requires that the permittee notify the transmission facilities rights-of way will
proposed § 50.8(c), if an application has be subject to the same construction and
been rejected and refiled, it will be 10 The notice and intervention regulations are not
docketed as a new application. applicable to the pre-filing process. 11 18 CFR part 380 (2005).
maintenance requirements as natural 60. Proposed Resource Report 6 of the Paperwork Reduction Act of
gas pipelines. requires that the applicant describe 1995.12 The Commission will identify
54. The Commission proposes a new geological resources and hazards in the the information provided for under the
§ 380.16 to delineate specific project area that might be directly or proposed Part 50 as FERC–729.
environmental filing requirements for indirectly affected by the proposed 67. The number of applicants for
electric transmission facilities. While facility or may place the proposed electric transmission permits in national
these generally mirror the natural gas facility at risk. interest electric transmission corridors
pipeline requirements, to avoid 61. Proposed Resource Report 7 is unknown. Proposed transmission
confusion the Commission proposes a requires information concerning soils projects would have to, among other
separate section specifically tailored to and measures proposed to minimize or things, significantly reduce electric
electric transmission facilities. avoid impacts to them. transmission congestion in a national
55. Proposed § 380.16 requires 11 62. Proposed Resource Report 8 interest electric transmission corridor.
Resource Reports, as follows. Resource requires information concerning the These corridors are yet to be defined by
Report 1 would include, among other uses of land around the proposed the Secretary. Also, Federal permitting
things, a description of the project by transmission facility, including of electric transmission facilities used in
milepost and construction spreads, measures the applicant proposes to interstate commerce will occur only if,
topographic maps, aerial images and/or protect and enhance the existing land or when, States do not or cannot act on
photographs, descriptions of other use. an application, or have conditioned a
permits and mitigation measure, and 63. Resource Report 9 requires that
project in such a manner that the
names and addresses of affected the applicant describe alternatives to the
proposed construction or modification
landowners. project and compare the environmental
will not significantly reduce congestion
56. Proposed Resource Report 2 impacts of such alternatives. This report
in interstate commerce or is not
requires information necessary for the also requires the applicant explain the
economically feasible. Any estimates of
Commission to determine the impact of environmental benefits and document
the number of anticipated electric
the proposed project on water use and the costs of each alternative.
transmission construction permit
water quality. 64. Proposed Resource Report 10
57. Proposed Resource Report 3 applications are extremely variable,
addresses, among other things, the
describes aquatic life, wildlife, and ranging from two to 20 per year.
potential hazard to the public of the
vegetation in the vicinity or the proposed facilities that would result 68. The Commission solicits
proposed project. from accidents or natural catastrophes comments on the Commission’s need for
58. Proposed Resource Report 4 lists and how these events would affect the information required by the
the information the applicant will need reliability. proposed regulations, whether the
to supply the Commission for a cultural 65. Finally, proposed Resource Report information will have practical utility,
resource review to implement the 11 requires additional design and the accuracy of the provided burden
Commission’s obligations under the engineering data. estimates, ways to enhance the quality
National Historic Preservation Act. and clarity of the information that the
59. Proposed Resource Report 5 III. Information Collection Statement Commission will collect, and any
requires that the applicant identify and 66. The Commission is submitting the suggested methods for minimizing the
quantify the impact of the construction following collection of information respondent’s burden, including the use
and operation of the proposed project contained in this proposed rulemaking of information techniques. The burden
on towns and counties in the project to the Office of Management and Budget estimates for complying with this
vicinity. (OMB) for review under section 3507(d) proposed rule are as follows:
Number of Number of Hours per Total annual

Data collection respondents responses response hours
FERC–729 ..................................................................................................... 10 1 9,600 96,000
Information Collection Costs: Because Upon approval of a collection of a permit to construct the proposed
of the regional differences and the information, OMB will assign an OMB electric transmission facilities. The
various staffing levels that will be control number and an expiration date. Commission has assured itself, by
involved in preparing the Respondents subject to the filing means of internal review, that there is
documentation (legal, technical and requirements of this rule will not be specific, objective support for the
support) the Commission is using an penalized for failing to respond to these burden estimates associated with the
hourly rate of $150 to estimate the costs collections of information unless the information requirements.
for filing and other administrative collections of information display a
processes (reviewing instructions, valid OMB control number or the 69. Interested persons may obtain
searching data sources, completing and Commission has provided justification information on the reporting
transmitting the collection of as to why the control number should requirements by contacting the
information). The estimated annual cost not be displayed. following: Federal Energy Regulatory
is anticipated to be $14.4 million. Respondents: Businesses or other for Commission, 888 First Street, NE.,
profit, State, local, or tribal government. Washington, DC 20426 [Attention:
Title: FERC–729 Electric
Necessity of the Information: The Michael Miller, Office of the Executive

Transmission Facilities.
information collected from applicants Director, Phone: (202) 502–8415, fax:
Action: Proposed Data Collections. will be used by the Commission to (202) 273–0873, e-mail:
OMB Control No.: To be determined. review the suitability of the proposal for michael.miller@ferc.gov].
12 44 U.S.C. 3507(d) (2000).
70. For submitting comments a significant economic impact on a By direction of the Commission.
concerning the collection(s) of substantial number of small entities. Magalie R. Salas,
information and the associated burden Secretary.
VI. Public Comments
estimate(s), please send your comments In consideration of the foregoing, the
to the contact listed above and to the 74. The Commission invites interested
Commission proposes to add part 50
Office of Management and Budget, persons to submit comments on the
and amend part 380, chapter I, title 18,
Office of Information and Regulatory matters and issues proposed in this
Code of Federal Regulations, as follows.
Affairs, Washington, DC 20503, notice to be adopted, including any 1. Part 50 is added to subchapter B to
[Attention: Desk Officer for the Federal related matters or alternative proposals read as follows:
Energy Regulatory Commission, phone: that commenters may wish to discuss.
(202) 395–4650, fax: (202) 395–7285, e- Comments are due by August 25, 2006. PART 50—APPLICATIONS FOR
mail: oira_submission@omb.eop.gov]. Comments must refer to Docket No. PERMITS TO SITE INTERSTATE
RM06–12–000, and must include the ELECTRIC TRANSMISSION FACILITIES
IV. Environmental Analysis commenter’s name, the organization
71. The Commission is required to they represent, if applicable, and their Sec.
prepare an EA or EIS for any action that address in their comments. Comments 50.1 Definitions.
may be filed either in electronic or 50.2 Purpose and intent of rules.
may have a significant adverse effect on 50.3 Applications/pre-filing; rules and
the human environment. No paper format. format.
environmental consideration is raised 75. Comments may be filed 50.4 Shareholder participation.
by the promulgation of a rule that is electronically via the eFiling link on the 50.5 Pre-filing procedures.
procedural in nature or does not Commission’s Web site at http:// 50.6 Applications: general content.
substantially change the effect of www.ferc.gov. The Commission accepts 50.7 Applications: exhibits.
legislation or regulations being most standard word processing formats 50.8 Acceptance/rejection of applications.
amended. The proposed regulations and requests commenters to submit 50.9 Notice of application.
implement the procedural filing comments in a text-searchable format 50.10 Interventions.
rather than a scanned image format. 50.11 General conditions applicable to
requirements for applications to permits.
construct electric transmission facilities. Commenters filing electronically do not
Accordingly, neither an environmental need to make a paper filing. Authority: 16 U.S.C. 824p, DOE Delegation
impact statement nor environmental Commenters that are not able to file Order No. 00–004.00A.
assessment is required. comments electronically must send an § 50.1 Definitions.
original and 14 copies of their
V. Regulatory Flexibility Act Analysis As used in this part:
comments to: Federal Energy Regulatory Affected landowners means owners of
Certification Commission, Secretary of the property interests, as noted in the most
72. The Regulatory Flexibility Act Commission, 888 First Street, NE., recent county/city tax records as
(RFA) 13 generally requires a description Washington, DC 20426. receiving the tax notice, whose
and analysis of final rules that will have 76. All comments will be placed in property:
significant economic impact on a the Commission’s public files and may (1) Is directly affected (i.e., crossed or
substantial number of small entities.14 be viewed, printed, or downloaded used) by the proposed activity,
The Commission is not required to make remotely as described in the Document including all facility sites, rights-of-way,
such analyses if a rule would not have Availability section below. Commenters access roads, pipe and contractor yards,
such an effect. on this proposal are not required to and temporary workspace; and
73. The Commission expects entities serve copies of their comments on other (2) Abuts either side of an existing
seeking approval for interstate commenters. right-of-way or facility site owned in fee
transmission siting will be major VII. Document Availability by any utility company, or abuts the
transmission utilities capable of edge of a proposed facility site or right-
financing complex and costly 77. In addition to publishing the full of-way which runs along a property line
transmission projects. The Commission text of this document in the Federal in the area in which the facilities would
anticipates that the high cost of Register, the Commission provides all be constructed, or contains a residence
construction of transmission facilities interested persons an opportunity to within 50 feet of a proposed
will bar the entry into this field by small view and/or print the contents of this construction work area.
entities as defined by the RFA. document via the Internet through Director of the Office of Energy
Therefore, the Commission concludes FERC’s Home Page (http://www.ferc.gov) Projects means the Director or his
that this proposed rule would not have and in FERC’s Public Reference Room designees.
during normal business hours (8:30 a.m. Federal authorization means permits,
13 5 U.S.C. 601–612 (2000).
to 5 p.m. eastern time) at 888 First special use authorization, certifications,
14 The RFA definition of ‘‘small entity’’ refers to Street, NE., Room 2A, Washington, DC opinions, or other approvals that may be
the definition provided in the Small Business Act, 20426. required under Federal law in order to
which defines a ‘‘small business concern’’ as a
business which is independently owned and List of Subjects site a transmission facility.
operated and which is not dominant in its field of National interest electric transmission
operation. 15 U.S.C. 632 (2000). The Small Business 18 CFR Part 50 corridor means any geographic area
Size Standards component of the North American Administrative practice and experiencing electric energy
Industry Classification System defines a small
electric utility as one that, including its affiliates, procedure, Electric power, Reporting transmission capacity constraints or
is primarily engaged in the generation, and recordkeeping requirements. congestion that adversely affects
transmission, and/or distribution of electric energy consumers, as designated by the
for sale and whose total electric output for the 18 CFR Part 380 Secretary of Energy.
preceding fiscal years did not exceed 4 million
MWh. 13 CFR 121.201 (section 22, Utilities, North
Environmental impact statements, Permitting entity means any Federal
American Industry Classification System, NAICS) Reporting and recordkeeping or State agency, Indian tribe, multistate,
(2004). requirements. or local agency that is responsible for
conducting separate authorizations upon information in another under this part, the applicant must
pursuant to Federal law that are application, it will not be accepted for make a good faith effort to notify: All
required to construct electric filing until the supporting application affected landowners; landowners with a
transmission facilities in a national has been filed. When applications are residence within a quarter mile from the
interest electric transmission corridor. interdependent, they shall be filed edge of the construction right-of-way of
Stakeholder means any Federal, State, concurrently. the proposed project; towns and
interstate, tribal, or local agency, any (d) All filings must be signed in communities; permitting agencies; and
affected non-governmental organization, compliance with § 385.2005 of this other local, State, tribal, and Federal
affected landowner, or interested chapter. governments and agencies involved in
person. (e) The Commission will conduct a the project:
Transmitting utility means an entity paper hearing on applications for (i) By certified or first class mail, sent:
that owns, operates, or controls facilities permits for electric transmission (A) Within 14 days after the Director
used for the transmission of electric facilities. of the Office of Energy Projects notifies
energy in interstate commerce for the (f) Permitting entities will be subject the applicant of the commencement of
sale of electric energy at wholesale. to the filing requirements of this section the pre-filing process under § 50.5(d) of
and the prompt and binding this part.
§ 50.2 Purpose and intent of rules. intermediate milestones and ultimate (B) Within 3 business days after the
(a) The purpose of the regulations in deadlines established in the notice Commission notices the application
this part is to provide for efficient and issued under § 50.9. under § 50.9.
timely review of requests for permits for (g) Any person submitting documents (ii) By twice publishing a notice of the
the siting of electric transmission containing critical energy infrastructure pre-filing request and application
facilities under section 216 of the information must follow the procedures filings, no later than 14 days after the
Federal Power Act. The regulations specified in § 388.113 of this chapter. date that a docket number is assigned
ensure that each stakeholder is afforded for the pre-filing process or to the
an opportunity to present views and § 50.4 Stakeholder participation.
application, in a daily or weekly
recommendations with respect to the A Project Participation Plan is
newspaper of general circulation in each
need for and impact of a facility covered required to ensure stakeholders access
county in which the project is located.
by the permit. They also coordinate, to to accurate and timely information on
(2) Contents of participation notice:
the maximum extent practicable, the the proposed project and permit
application process. (i) The pre-filing request notification
Federal authorization and review must, at a minimum, include:
process of other Federal and State (a) Project Participation Plan. An
applicant must develop a Project (A) The docket number assigned to
agencies, Indian tribes, multistate, and
Participation Plan to be filed with the the proceeding;
local entities that are responsible for
pre-filing materials under § 50.5(c)(7) of (B) The most recent edition of the
conducting any separate permitting and
this part that: Commission’s pamphlet Electric
environmental reviews of the proposed
(1) Identifies specific tools and Transmission Facilities Permit Process.
facilities.
actions to facilitate stakeholder The newspaper notice need only refer to
(b) Every applicant shall file all
communications and public the pamphlet and indicate that it is
pertinent data and information
information, including an up-to-date available on the Commission’s Web site;
necessary for a full and complete
project Web site, and a readily (C) A description of the applicant and
understanding of the proposed project.
accessible, single point of contact the proposed project, its location
(c) Every requirement of this part will
within the company; (including a general location map), its
be considered as an obligation of the
(2) Lists all central locations in each purpose, and the timing of the project;
applicant which can only be avoided by
a definite and positive showing that the county throughout the project area (D) A general description of the
information or data called for by the where the applicant will provide copies property the applicant will need from
applicable rules is not necessary for the of all their filings related to the an affected landowner if the project is
consideration and ultimate proposed project; and approved, how to contact the applicant,
determination of the application. (3) Includes a description and including a local or toll-free phone
(d) This part will be strictly applied schedule explaining how the applicant number, the name of a specific person
to all applications and information as intends to respond to requests for to contact who is knowledgeable about
submitted and the burden of adequate information from the public as well as the project, and a reference to the
presentation in intelligible form as well Federal, State, and tribal permitting project Web site. The newspaper notice
as justification for omitted data or agencies, and other legal entities with need not include a description of the
information rests with the applicant. local authorization requirements. property, but should indicate that a
(b) Document availability. Within separate notice is being mailed to
§ 50.3 Applications/pre-filing; rules and three business days of the date the pre- affected landowners and governmental
format. filing materials are filed or application entities;
(a) Filings are subject to the formal is issued a docket number: (E) A brief summary of what rights the
paper and electronic filing requirements (1) Complete copies of the pre-filing affected landowner has at the
for proceedings before the Commission and application materials must be Commission and in proceedings under
located in part 385 of this chapter. available in accessible central locations the eminent domain rules of the
(b) Applications, amendments, and all in each county throughout the project relevant State. The newspaper notice
exhibits and other submissions required area, either in paper or electronic does not need to include this summary;
to be furnished by an applicant to the format, and (F) Information on how to get a copy
Commission under this part must be (2) Complete copies of all filed of the pre-filing information or
submitted in an original and 7 materials must be available on the application from the company or the
conformed copies. project Web site. location(s) where a copy of the
(c) When an application considered (c) Project notification. (1) For all pre- application may be found as specified in
alone is incomplete and depends vitally filing and application information filed paragraph (b) of this section;
(G) A copy of the Director of the (2) A detailed description of the (ii) The pre-filing process will be
Office of Energy Projects’ notification of project, including location maps and deemed to have commenced on the date
commencement of the pre-filing plot plans to scale showing all major of the Director of the Office of Energy
process, the Commission’s Internet components, including a description of Projects’ notification.
address, and the telephone number for zoning and site availability for any (2) If the Director of the Office of
the Commission’s Office of External permanent facilities. Energy Projects determines that the
Affairs; and (3) A list of the permitting entities contents of the initial filing
(H) Information explaining the pre- responsible for conducting separate requirements are insufficient, the
filing and application process and when Federal permitting and environmental applicant will be notified and given a
and how to intervene in the application reviews and authorizations for the reasonable time to correct the
proceedings. project, including contact names and deficiencies.
(ii) The application notification must telephone numbers, and a list of local (e) Subsequent filing requirements.
include the Commission’s notice issued entities with local authorization Upon the Director of the Office of
under § 50.9. requirements. The filing shall include Energy Projects’ issuance of a notice
(3) If, for any reason, an stakeholder information concerning: commencing an applicant’s pre-filing
is not identified when the notices under (i) How the applicant intends to process, the applicant must:
this paragraph are sent or published, the account for each of the permitting and (1) Within 7 days, finalize and file the
applicant must supply the information local entity’s permitting and Project Participation Plan, as defined in
required under paragraphs (c)(2)(i) and environmental review schedules, § 50.4(a), and establish the dates and
(ii) of this section when the stakeholder including its progress in DOE’s pre- locations at which the applicant will
is identified. application process; and conduct meetings with stakeholders and
(4) If the notification is returned as (ii) When the applicant proposes to Commission staff.
undeliverable, the applicant will make a file with these permitting and local (2) Within 14 days, finalize the
reasonable attempt to find the correct entities for the respective permits or contract with the selected third-party
address and notify the stakeholder. other authorizations. contractor, if applicable.
(5) Access to critical energy (4) A list of other stakeholders that (3) Within 14 days:
infrastructure information is subject to (i) Provide all stakeholders with a
have been contacted, or have contacted
the requirements of § 388.113 of this copy of the Director of the Office of
the applicant, about the project (include
chapter. Energy Project’s notification
contact names and telephone numbers),
commencing the pre-filing process;
§ 50.5 Pre-filing procedures. including a list specifying all affected
(ii) Notify affected landowners in
(a) Introduction. Any applicant landowners.
compliance with the requirements of
seeking a permit to site new electric (5) A description of what other work § 50.4(c); and
transmission facilities or modify has already been done, including, (iii) Notify permitting entities and
existing facilities must comply with this contacting stakeholders, agency and request information detailing the
section’s pre-filing procedures prior to Indian tribe consultations, project permitting entities need for any specific
filing an application for Commission engineering, route planning, information not required by the
review. environmental and engineering Commission in the resource reports
(b) Initial consultation. An applicant contractor engagement, environmental required under § 380.16 of this chapter
must meet and consult with the Director surveys/studies, and open houses. This that they may require to reach a
of the Office of Energy Projects description also must include the decision concerning the proposed
concerning the proposed project. identification of the environmental and project. The responses must be filed
(1) At the initial consultation meeting, engineering firms and sub-contractors with the Commission as well as the
the applicant shall be prepared to under contract to develop the project. applicant.
discuss the nature of the project, the (6) Proposals for at least three (4) Within 30 days, submit a mailing
contents of the pre-filing request, and prospective third-party contractors from list of all stakeholders contacted in
the status of the applicant’s progress which Commission staff may make a paragraph (e)(3) of this section,
toward obtaining the information selection to assist in the preparation of including the names of the Federal,
required for the pre-filing request the requisite NEPA document, if the State, tribal, and local jurisdictions’
described in paragraph (c) of this Director of the Office of Energy Projects representatives, if available, for the
section. determined a third-party contractor proposed project and alternatives. The
(2) The initial consultation meeting would be necessary in the Initial list must include information
will also include a discussion of Consultation meeting. concerning affected landowner
whether a third-party contractor is (7) A proposed Project Participation notifications that were returned as
likely to be needed for the project and Plan, required in § 50.4(a). undeliverable.
the specifications for the applicant’s (d) Director’s notice. (1) When the (5) Within 30 days, file a summary of
solicitation for prospective third-party Director of the Office of Energy Projects the project alternatives considered or
contractors to prepare the finds that an applicant for authority to under consideration.
environmental documentation for the site and construct an electric (6) Within 30 days, file an updated
project. transmission facility has adequately list of all Federal, State, tribal, and local
(c) Contents of the initial filing. An addressed the requirements of agencies permits and authorizations that
applicant’s initial pre-filing request will paragraphs (a), (b), and (c) of this are necessary to construct the proposed
be filed after the initial consultation and section, and any other requirements facilities. The list must include:
must include the following information: determined at the Initial Consultation (i) A schedule detailing when the
(1) A description of the schedule meeting, the Director of the Office of applications for the permits and
desired for the project, including the Energy Projects will so notify the authorizations will be submitted (or
expected application filing date, desired applicant. were submitted);
date for Commission approval, and (i) The notification will designate the (ii) Copies of all filed applications;
proposed project operation date. third-party contractor, and and
(iii) The status of the required permit (d) Verification that the proposed the exhibit, the proper letter designation
or authorization and of the Secretary of route lies within a national interest of the exhibit, and, if 10 or more pages,
Energy’s pre-application process being electric transmission corridor a table of contents, citing by page,
conducted under section 216(h)(4)(C) of designated by the Secretary of the section number or subdivision, the
the Federal Power Act. Department of Energy under section 216 component elements or matters
(7) Within 60 days, file the draft of the Federal Power Act. contained in the exhibit.
resource reports required in § 380.16 of (e) A demonstration that the facilities (a) Exhibit A—Articles of
this chapter. to be authorized by the permit will be incorporation and bylaws. If the
(8) On a monthly basis, file status used for the transmission of electric applicant is not an individual, a
reports detailing the applicant’s project energy in interstate commerce, and that conformed copy of its articles of
activities including surveys, stakeholder the proposed construction or incorporation and bylaws, or other
communications, and agency and tribe modification: similar documents.
meetings, including updates on the (1) Is consistent with the public (b) Exhibit B—State authorization. For
status of other required permits or interest; each State where the applicant is
authorizations. If the applicant fails to (2) Will significantly reduce authorized to do business, a statement
respond to any request for additional transmission congestion in interstate showing the date of authorization, the
information, fails to provide sufficient commerce and protects or benefits scope of the business the applicant is
information, or is not making sufficient consumers; authorized to carry on and all
progress towards completing the pre- (3) Is consistent with sound national limitations, if any, including expiration
filing process, the Director of the Office energy policy and will enhance energy dates and renewal obligations. A
of Energy Projects may issue a notice interdependence; and conformed copy of applicant’s
terminating the process. (4) Will maximize, to the extent authorization to do business in each
(f) Concluding the pre-filing process. reasonable and economical, the State affected must be supplied upon
The Director of the Office of Energy transmission capabilities of existing request.
Projects will determine when the towers or structures. (c) Exhibit C—Company officials. A
information gathered during the pre- (f) A description of the proposed list of the names and business addresses
filing process is complete, after which construction and operation of the of the applicant’s officers and directors,
the applicant may file an application. facilities, including the proposed dates or similar officials if the applicant is not
An application must contain all the for the beginning and completion of a corporation.
information specified by the construction and the commencement of (d) Exhibit D—Other pending
Commission staff after reviewing the service. applications and filings. A list of other
draft materials filed by the applicant (g) A general description of project applications and filings submitted by
during the prefiling process, including financing. the applicant that are pending before the
the environmental material required in (h) A full statement as to whether any Commission at the time of the filing of
part 380 of this chapter and exhibits other application to supplement or an application and that directly and
required in § 50.7. effectuate the applicant’s proposals significantly affect the proposed project,
must be or is to be filed by the including an explanation of any
§ 50.6 Applications: general content. applicant, any of the applicant’s material effect the grant or denial of
Each application filed under this part customers, or any other person, with those other applications and filings will
must provide the following information: any other Federal, State, tribal, or other have on the application and of any
(a) The exact legal name of applicant; regulatory body; and if so, the nature material effect the grant or denial of the
its principal place of business; whether and status of each such application. application will have on those other
the applicant is an individual, (i) A table of contents that must list applications and filings.
partnership, corporation, or otherwise; all exhibits and documents filed in (e) Exhibit E—Maps of general
the State laws under which the compliance with this part, as well as all location of facilities. The general
applicant is organized or authorized; other documents and exhibits otherwise location map required under § 50.5(c)
and the name, title, and mailing address filed, identifying them by their must be provided as Exhibit E. Detailed
of the person or persons to whom appropriate titles and alphabetical letter maps required by other exhibits must be
communications concerning the designations. The alphabetical letter filed in those exhibits, in a format
application are to be addressed. designations specified in the sections determined during the initial
(b) A concise description of (section for the exhibits) must be strictly consultation required under § 50.5(b).
applicant’s existing operations. adhered to and extra exhibits submitted (f) Exhibit F—Environmental report.
(c) A concise general description of at the volition of applicant must be An environmental report as specified in
the proposed project sufficient to designated in sequence under the letter §§ 380.3 and 380.16 of this chapter. The
explain its scope and purpose. The Z (Z1, Z2, Z3, etc.). applicant must submit all appropriate
description must, at a minimum: (j) A form of notice suitable for revisions to Exhibit F whenever route or
Describe the proposed geographic publication in the Federal Register, as site changes are filed. These revisions
location of the principal project features contemplated by § 50.9(a), which will must identify the locations by mile post
and the planned routing of the briefly summarize the facts contained in and describe all other specific
transmission line; contain the general the application in such a way as to differences resulting from the route or
characteristics of the transmission line acquaint the public with its scope and site changes, and should not simply
including voltage, types of towers, purpose. The form of notice must also provide revised totals for the resources
origin and termination point of the include the name, address, and affected. The format of the
transmission line, and the geographic telephone number of an authorized environmental report filing will be
character of area traversed by the line; contact person. determined as part of the initial
and be accompanied by an overview consultation meeting required under
map of sufficient scale to show the § 50.7 Applications: exhibits. § 50.5(b).
entire transmission route on one or a Each exhibit must contain a title page (g) Exhibit G—Engineering data. (1) A
few 8.5 by 11-inch sheets. showing the applicant’s name, title of detailed project description including:
(i) Name and destination of the (5) If an underground or underwater (6) Detailed single-line diagrams,
project; interconnection is proposed, the including existing system facilities
(ii) Design voltage rating (kV); following additional information also identified by name and circuit number,
(iii) Operating voltage rating (kV); must be provided: that show system transmission
(iv) Normal peak operating current (i) Burial depth; elements, in relation to the project and
rating; (ii) Type of cable and a description of other principal interconnected system
(v) Line design features for any required supporting equipment, elements as well as power flow and loss
minimizing television and/or radio such as insulation medium pressurizing data that represent system operating
interference cause by operation of the or forced cooling; conditions.
proposed facilities; (iii) Cathodic protection scheme; and (i) Exhibit I—Project cost and
(vi) Line design features that (iv) Type of dielectric fluid and financing. (1) A statement of estimated
minimize audible noise during fog/rain safeguards used to limit potential spills costs of any new construction or
caused by operation of the proposed in waterways. modification.
facilities, including comparing expected (6) Technical diagrams that provide (2) The estimated capital cost and
audible noise levels to the applicable clarification of any of the above items estimated annual operations and
Federal, State, and local requirements. should be included. maintenance expense of each proposed
(2) A conductor, structures, and (7) Any other data or information not environmental measures; and
substations description including: previously identified that has been (3) A statement and evaluation of the
(i) Conductor size and type; identified as a minimum requirement consequences of denial of the
(ii) Type of structures; for the siting of a transmission line in transmission line permit application.
(iii) Height of typical structures; the State the facility will be located. (j) Exhibit J—Construction, operation,
(iv) An explanation why these (h) Exhibit H—System analysis data. and management. A concise statement
structures were selected; An analysis evaluating the impact the providing arrangements for supervision,
(v) Dimensional drawings of the proposed facilities will have on the management, engineering, accounting,
typical structures to be used in the existing electric transmission system legal, or other similar service to be
project; and performance, including: rendered in connection with the
(vi) A list of the names of all new (and (1) An analysis of the existing and construction or operation of the project,
existing if applicable) substations or expected congestion on the electric if not to be performed by employees of
switching stations that will be transmission system. applicant, including reference to any
associated with the proposed new (2) Power flow cases used to analyzes existing or contemplated agreements,
transmission line. the proposed and future transmission together with a statement showing
(3) The location of the site and right- system under anticipated load growth, affiliation between applicant and any
of-way including: operating conditions, variations in parties to the agreements or
(i) Miles of right-of-way; power import and export levels, and arrangements.
(ii) Miles of circuit; additional transmission facilities
(iii) Width of the right-of-way; required for system reliability. The cases § 50.8 Acceptance/rejection of
(iv) A brief description of the area must: applications.
traversed by the proposed transmission (i) Provide all files to model normal, (a) Applications will be docketed
line, including a description of the single contingency, multiple when received and the applicant so
general land uses in the area and the contingency, and special protective advised.
type of terrain crossed by the proposed systems, including the special (b) If an application patently fails to
line; protective systems’ automatic switching comply with applicable statutory
(v) Assumptions, bases, formulae, and or load shedding system; and requirements or with applicable
methods used in the development and (ii) State the assumptions, criteria, Commission rules, regulations, and
preparation of the diagrams and and guidelines upon which it is based orders for which a waiver has not been
accompanying data; and and must take into consideration granted, the Director of the Office of
(vi) A technical description providing transmission facility loading; first Energy Projects may reject the
the following information: contingency incremental transfer application as provided by § 385.2001(b)
(A) Number of circuits, with capability (FCITIC); normal incremental of this chapter. This rejection is without
identification as to whether the circuit transfer capability (NIYC); system prejudice to an applicant’s refiling a
is overhead or underground; protection; and system stability. complete application. However, an
(B) The operating voltage and (3) A stability analysis including application will not be rejected solely
frequency; and study assumptions, criteria, and on the basis that the environmental
(C) Conductor size, type and number guidelines used in the analysis, reports are incomplete because the
of conductors per phase. including load shedding allowables; company has not been granted access by
(4) If the proposed interconnection is (4) A short circuit analysis for all affected landowners to perform required
an overhead line, the following power flow cases; surveys.
additional information also must be (5) A concise analysis to include: (c) An application that relates to a
provided: (i) An explanation of how the construction or modification for which
(i) The wind and ice loading design proposed project will improve system a prior application has been filed and
parameters; reliability over the long and short term; rejected, will be docketed as a new
(ii) A full description and drawing of (ii) An analysis of how the proposed application. The new application must
a typical supporting structure including project will impact the long term state the docket number of the prior
strength specifications; regional transmission expansion plans; rejected application.

(iii) Structure spacing with typical (iii) An analysis of how the proposed
ruling and maximum spans; project will impact congestion on the § 50.9 Notice of application.
(iv) Conductor (phase) spacing; and applicant’s entire system; and (a) Notice of each application filed,
(v) The designed line-to-ground and (iv) A description of proposed high except when rejected in accordance
conductor-side clearances. technology design features. with § 50.8, will be issued and
subsequently published in the Federal timeframe, the permittee must file for an § 380.3 Environmental information to be
Register. extension of time under § 385.2008 of supplied by an applicant.
(b) The notice will establish prompt this chapter. (a) An applicant must submit
and binding intermediate milestones (f) A permittee must file with the information as follows:
and ultimate deadlines for the Commission, in writing and under oath, * * * * *
coordination and review of, and Federal an original and four conformed copies, (b) An applicant must also:
authorization decisions relating to, the as provided in § 385.2011 of this
* * * * *
proposed facilities. chapter, of the following:
(1) Within ten days after the bona fide (c) * * *
§ 50.10 Interventions. beginning of construction, notice of the (3) Electric transmission project. For
Notices of applications, as provided date of the beginning; and pre-filing requests and applications filed
by § 50.9, will fix the time within which (2) Within ten days after authorized under section 216 of the Federal Power
any person desiring to participate in the facilities have been constructed and Act identified in §§ 380.5(b)(14) and
proceeding may file a petition to placed in service, notice of the date of 380.6(a)(5).
intervene, and within which any the completion of construction and 4. Amend § 380.5 by revising
interested regulatory agency, as commencement of service. paragraphs (b)(11), (b)(12), and (b)(13),
provided by § 385.214 of this chapter, (g) The permit issued to the applicant and by adding a new paragraph (b)(14)
desiring to intervene may file its notice may be transferred, subject to the to read as follows:
of intervention. approval of the Commission, to a person § 380.5 Actions that require an
who agrees to comply with the terms, environmental assessment.
§ 50.11 General conditions applicable to
limitations or conditions contained in
permits. (b) * * *
the filing and in every subsequent Order
(a) The following terms and (11) Approval of electric
issued thereunder. A permit holder
conditions, among others, as the interconnections and wheeling under
seeking to transfer a permit must file
Commission will find is required by the sections 202(b), 210, 211, and 212 of the
with the Secretary a petition for
public interest, will attach to the Federal Power Act, unless excluded
approval of the transfer. The petition
issuance of each permit and to the under § 380.4(a)(17);
must:
exercise of the rights granted (12) Regulations or proposals for
(1) State the reasons supporting the
thereunder. legislation not included under
transfer;
(b) The permit will be void and (2) Show that the transferee is § 380.4(a)(2);
without force or effect unless accepted qualified to carry out the provisions of (13) Surrender of water power
in writing by the permitee within 30 the permit and any Orders issued under licenses and exemptions where project
days from the issue date of the order the permit; works exist or ground disturbing
issuing such permit. (3) Be verified by all parties to the activity has occurred and amendments
(c) Standards of construction and proposed transfer; to water power licenses and exemptions
operation. In determining standard (4) Be accompanied by a copy of the that require ground disturbing activity
practice, the Commission will be guided proposed transfer agreement; or changes to project works or
by the provisions of the American (5) Be accompanied by an affidavit of operations; and
National Standards Institute, service of a copy on the parties to the (14) Except as identified in § 380.6,
Incorporated, the National Electrical certification proceeding; and authorization to site new electric
Safety Code, and any other codes and (6) Be accompanied by an affidavit of transmission facilities under section 216
standards that are generally accepted by publication of a notice concerning the of the Federal Power Act and DOE
the industry, except as modified by this petition and service of such notice on Delegation Order No. 00–004.00A.
Commission or by municipal regulators all affected landowners that have 5. Amend § 380.6 by revising
within their jurisdiction. Each electric executed agreements to convey property paragraphs (a)(3) and (a)(4) and by
utility will construct, install, operate, rights to the transferee and all other adding a new paragraph (a)(5) to read as
and maintain its plant, structures, persons, municipalities or agencies follows:
equipment, and lines in accordance entitled by law to be given notice of, or
§ 380.6 Actions that require an
with these standards, and in such be served with a copy of, any environmental impact statement.
manner to best accommodate the public, application to construct a major electric
and to prevent interference with service generation facility. (a) * * *
furnished by other public utilities (h) The Commission will not issue a (3) Major pipeline construction
insofar as practical. permit before the criteria established in projects under section 7 of the Natural
(d) Written authorization must be Federal Power Act section 216(b)(1)(C) Gas Act using right-of-way in which
obtained from the Director of the Office have been met. there is no existing natural gas pipeline;
of Energy Projects prior to commencing (4) Licenses under Part I of the
construction of the facilities or initiating PART 380—REGULATIONS Federal Power Act and Part 4 of this
operations. Requests for such IMPLEMENTING THE NATIONAL chapter for construction of any
authorizations must demonstrate ENVIRONMENTAL POLICY ACT unconstructed water power projects;
compliance with all terms and and
2. The authority citation for part 380 (5) Major electric transmission
conditions of the construction permit. continues to read as follows:
(e) Any authorized construction or facilities under section 216 of the
modification must be completed and Authority: 42 U.S.C. 4321–4370a, 7101– Federal Power Act and DOE Delegation
made available for service by the 7352; E.O. 12009, 3 CFR 1978 Comp., p. 142. Order No. 00–004.00A using right-of-
permitee within a period of time to be 3. Section 380.3 is amended by way in which there is no existing
specified by the Commission in each revising paragraphs (a) introductory text facility.
order issuing the transmission line and (b) introductory text, and by adding * * * * *
construction permit. If facilities are not a new paragraph (c)(3) to read as 6. Section 380.8 is revised to read as
completed within the specified follows: follows:
§ 380.8 Preparation of environmental appearance of the facilities, consistent timetables, future plans for related
documents. with operating needs. construction, compliance with
The preparation of environmental 9. A new § 380.16 is added to read as regulations and codes, and permits that
documents, as defined in § 1508.10 of follows: must be obtained. Resource Report 1
the regulations of the Council, on must:
§ 380.16 Environmental reports for section (1) Describe and provide location
hydroelectric projects, natural gas 216 Federal Power Act Permits.
facilities, and electric transmission maps of all project facilities, include all
facilities in national interest electric (a) Introduction. (1) The applicant facilities associated with the project
transmission corridors is the must submit an environmental report (such as transmission line towers,
responsibility of the Commission’s with any application that proposes the substations, and any appurtenant
Office of Energy Projects, 888 First construction or modification of any facilities), to be constructed, modified,
Street, NE., Washington, DC 20426, facility identified in § 380.3(c)(3). The replaced, or removed, including related
(202) 219–8700. Persons interested in environmental report must include the construction and operational support
status reports or information on eleven resource reports and related activities and areas such as maintenance
environmental impact statements or material described in this section. bases, staging areas, communications
(2) The detail of each resource report towers, power lines, and new access
other elements of the NEPA process,
must be commensurate with the roads (roads to be built or modified). As
including the studies or other
complexity of the proposal and its relevant, the report must describe the
information the Commission may
potential for environmental impact. length and size of the proposed
require on these projects, can contact
Each topic in each resource report must transmission line conductor cables, the
this office.
be addressed or its omission justified, types of appurtenant facilities that
7. Section 380.10 is amended by
unless the data is not required for that would be constructed, and associated
adding paragraph (a)(2)(iii) to read as
type of proposal. If material required for land requirements.
follows:
one resource report is provided in (2) Provide the following maps and
§ 380.10 Participation in Commission another resource report or in another photos:
proceeding. exhibit, it may be cross referenced. If (i) Current, original United States
(a) * * * any resource report topic is required for Geological Survey (USGS) 7.5-minute
(2) * * * a particular project but is not provided series topographic maps or maps of
(iii) Commission pre-filing activities at the time the application is filed, the equivalent detail, covering at least a 0.5-
commenced under §§ 157.21 and 50.5 of environmental report must explain why mile-wide corridor centered on the
this chapter, respectively, are not it is missing and when the applicant electric transmission facility centerline,
considered proceedings under part 385 anticipates it will be filed. with integer mileposts identified,
of this chapter and are not open to (b) General requirements. As showing the location of rights-of-way,
motions to intervene. Once an appropriate, each resource report shall: new access roads, other linear
(1) Address conditions or resources construction areas, substations, and
application is filed under part 157
that are likely to be directly or indirectly construction materials storage areas.
subpart A or part 50 of this chapter, any
affected by the project; Show nonlinear construction areas on
person may file a motion to intervene in
(2) Identify significant environmental maps at a scale of 1:3,600 or larger
accordance with § 157.10 or § 50.10 of
effects expected to occur as a result of keyed graphically and by milepost to
this chapter or in accordance with this
the project; the right-of-way maps. In areas where
section.
(3) Identify the effects of construction, the facilities described in paragraph
* * * * * operation (including maintenance and (j)(6) are located, topographic map
8. Amend § 380.15 by revising malfunctions), as well as cumulative coverage must be expanded to depict
paragraph (c), the heading in paragraph effects resulting from existing or those facilities.
(d), and paragraph (f)(5) to read as reasonably foreseeable projects; (ii) Original aerial images or
follows: (4) Identify measures proposed to photographs or photo-based alignment
enhance the environment or to avoid, sheets based on these sources, not more
§ 380.15 Siting and maintenance
requirements. mitigate, or compensate for adverse than one year old (unless older ones
effects of the project; and accurately depict current land use and
* * * * * (5) Provide a list of publications, development) and with a scale of
(c) Safety regulations. The reports, and other literature or 1:6,000, or larger, showing the proposed
requirements of this paragraph do not communications, including agency transmission line route and location of
affect a project sponsor’s obligations to contacts that were cited or relied upon transmission line towers, substations
comply with safety regulations of the to prepare each report. This list must and appurtenant facilities, covering at
U.S. Department of Transportation and include the names and titles of the least a 0.5 mile-wide corridor, and
recognized safe engineering practices for persons contacted, their affiliations, and including mileposts. The aerial images
Natural Gas Act projects and the telephone numbers. or photographs or photo-based
National Electric Safety Code for section (6) Whenever this section refers to alignment sheets must show all existing
216 Federal Power Act projects. ‘‘mileposts’’ the applicant may transmission facilities located in the
(d) Pipeline and electric transmission substitute ‘‘survey centerline stationing’’ area of the proposed facilities and the
facilities construction. * * * if so preferred. However, whatever location of habitable structures, radio
* * * * * method is chosen must be used transmitters and other electronic
(f) * * * consistently throughout the resource installations, and airstrips. Older
(5) For Natural Gas Act projects, the reports. images/photographs/alignment sheets
site of above-ground facilities which are (c) Resource Report 1—General must be modified to show any
visible from nearby residences or public project description. This report must residences not depicted in the original.
areas, should be planted in trees and describe facilities associated with the In areas where the facilities described in
shrubs, or other appropriate landscaping project, special construction and paragraph (j)(6) of this section are
and should be installed to enhance the operation procedures, construction located, aerial photographic coverage
must be expanded to depict those (3) Describe typical staging area significant individual plants, such as
facilities. Alternative formats (e.g., blue- requirements at waterbody and wetland old-growth specimen trees.
line prints of acceptable resolution) crossings. Also, identify and describe (4) Describe the impact of
need prior approval by the waterbodies and wetlands where staging construction and operation on aquatic
environmental staff of the Office of areas are likely to be more extensive. and terrestrial species and their habitats,
Energy Projects. (4) Include National Wetland including the possibility of a major
(iii) In addition to the copies required Inventory (NWI) maps. If NWI maps are alteration to ecosystems or biodiversity,
under § 50.3(b) of this chapter, the not available, provide the appropriate and any potential impact on State-listed
applicant must send three additional State wetland maps. Identify for each endangered or threatened species.
copies of topographic maps and aerial crossing, the milepost, the wetland Describe the impact of maintenance,
images/photographs directly to the classification specified by the U.S. Fish clearing and treatment of the project
environmental staff of the Commission’s and Wildlife Service, and the length of area on fish, wildlife, and vegetation.
Office of Energy Projects. the crossing. Include two copies of the Surveys may be required to determine
(3) Describe and identify by milepost, NWI maps (or the substitutes, if NWI specific areas of significant habitats or
proposed construction and restoration maps are not available) clearly showing communities of species of special
methods to be used in areas of rugged the proposed route and mileposts. concern to State, tribal, or local
topography, residential areas, active Describe by milepost, wetland crossings agencies.
croplands and sites where explosives as determined by field delineations (5) Identify all federally listed or
are likely to be used. using the current Federal methodology. proposed threatened or endangered
(4) Identify the number of (5) Identify aquifers within excavation species and critical habitat that
construction spreads, average workforce depth in the project area, including the potentially occur in the vicinity of the
requirements for each construction depth of the aquifer, current and project. Discuss the results of the
spread and estimated duration of projected use, water quality and average consultation requirements listed in
construction from initial clearing to yield, and known or suspected § 380.13(b) through § 380.13(b)(5)(i) and
final restoration, and any identified contamination problems. include any written correspondence that
constraints to the timing of (6) Discuss proposed mitigation resulted from the consultation. The
construction. measures to reduce the potential for initial application must include the
(5) Describe reasonably foreseeable adverse impacts to surface water, results of any required surveys unless
plans for future expansion of facilities, wetlands, or groundwater quality. seasonal considerations make this
including additional land requirements Discuss the potential for blasting to impractical. If species surveys are
and the compatibility of those plans affect water wells, springs, and impractical, there must be field surveys
with the current proposal. wetlands, and measures to be taken to to determine the presence of suitable
(6) Describe all authorizations detect and remedy such effects. habitat unless the entire project area is
required to complete the proposed (7) Identify the location of known suitable habitat.
action and the status of applications for public and private groundwater supply (6) Identify all federally listed
such authorizations. Identify wells or springs within 150 feet of essential fish habitat (EFH) that
environmental mitigation requirements proposed construction areas. Identify potentially occurs in the vicinity of the
specified in any permit or proposed in locations of EPA or State-designated project. Provide information on all EFH,
any permit application to the extent not sole-source aquifers and wellhead as identified by the pertinent Federal
specified elsewhere in this section. protection areas crossed by the fishery management plans, that may be
(7) Provide the names and mailing proposed transmission line facilities. adversely affected by the project and the
addresses of all affected landowners (e) Resource Report 3—Fish, wildlife, results of abbreviated consultations with
identified in § 50.5(c)(4) of this chapter and vegetation. This report must NMFS, and any resulting EFH
and certify that all affected landowners describe aquatic life, wildlife, and assessments.
will be notified as required in § 50.4(c) vegetation in the vicinity of the (7) Describe site-specific mitigation
of this chapter. proposed project; expected impacts on measures to minimize impacts on
(d) Resource Report 2—Water use and these resources including potential fisheries, wildlife, and vegetation.
quality. This report must describe water effects on biodiversity; and proposed (8) Include copies of correspondence
quality and provide data sufficient to mitigation, enhancement, or protection not provided under paragraph (e)(5) of
determine the expected impact of the measures. Resource Report 3 must: this section, containing
project and the effectiveness of (1) Describe commercial and recommendations from appropriate
mitigative, enhancement, or protective recreational warmwater, coldwater, and Federal and State fish and wildlife
measures. Resource Report 2 must: saltwater fisheries in the affected area agencies to avoid or limit impact on
(1) Identify and describe by milepost and associated significant habitats such wildlife, fisheries, and vegetation, and
waterbodies and municipal water as spawning or rearing areas and the applicant’s response to the
supply or watershed areas, specially estuaries. recommendations.
designated surface water protection (2) Describe terrestrial habitats, (f) Resource Report 4—Cultural
areas and sensitive waterbodies, and including wetlands, typical wildlife resources. In order to prepare this
wetlands that would be crossed. For habitats, and rare, unique, or otherwise report, the applicant must follow the
each waterbody crossing, identify the significant habitats that might be principles in § 380.14.
approximate width, State water quality affected by the proposed action. (1) Resource Report 4 must contain:
classifications, any known potential Describe typical species that have (i) Documentation of the applicant’s
pollutants present in the water or commercial, recreational, or aesthetic initial cultural resources consultation,
sediments, and any potable water intake value. including consultations with Native
sources within three miles downstream. (3) Describe and provide the affected Americans and other interested persons
(2) Provide a description of site- acreage of vegetation cover types that (if appropriate);
specific construction techniques that would be affected, including unique (ii) Overview and Survey Reports, as
will be used at each major waterbody ecosystems or communities such as appropriate;
crossing. remnant prairie or old-growth forest, or (iii) Evaluation Report, as appropriate;
(iv) Treatment Plan, as appropriate; (g) Resource Report 5— nonroutine geotechnical concern, such
and Socioeconomics. This report must as high seismicity areas, active faults,
(v) Written comments from State identify and quantify the impacts of and areas susceptible to soil
Historic Preservation Officer(s) (SHPO), constructing and operating the proposed liquefaction; planned, active, and
Tribal Historic Preservation Officers project on factors affecting towns and abandoned mines; karst terrain; and
(THPO), as appropriate, and applicable counties in the vicinity of the project. areas of potential ground failure, such as
land-managing agencies on the reports Resource Report 5 must: subsidence, slumping, and landsliding.
in paragraphs (f)(1)(i) through (iv) of this (1) Describe the socioeconomic Discuss the hazards posed to the facility
section. impact area; from each one;
(2) The initial application or pre-filing (2) Evaluate the impact of any (3) Describe how the project will be
documents, as applicable, must include substantial immigration of people on located or designed to avoid or
the documentation of initial cultural governmental facilities and services and minimize adverse effects to the
resource consultation, the Overview and plans to reduce the impact on the local resources or risk to itself, including
Survey Reports, if required, and written infrastructure; geotechnical investigations and
comments from SHPOs, THPOs, and (3) Describe on-site manpower monitoring that would be conducted
land-managing agencies, if available. requirements and payroll during before, during, and after construction.
The initial cultural resources construction and operation, including Discuss also the potential for blasting to
consultations should establish the need the number of construction personnel affect structures, and the measures to be
for surveys. If surveys are deemed who currently reside within the impact taken to remedy such effects;
necessary by the consultation with the area, will commute daily to the site from (4) Specify methods to be used to
SHPO/THPO, the survey report must be outside the impact area, or will relocate prevent project-induced contamination
filed with the initial application or pre- temporarily within the impact area; from surface mines or from mine
filing documents. (4) Determine whether existing tailings along the right-of-way and
(i) If the comments of the SHPOs, housing within the impact area is whether the project would hinder mine
THPOs, or land-management agencies sufficient to meet the needs of the reclamation or expansion efforts.
are not available at the time the additional population; (i) Resource Report 7—Soils. This
(5) Describe the number and types of
application is filed, they may be filed report must describe the soils that will
residences and businesses that will be
separately, but they must be filed before be affected by the proposed project, the
displaced by the project, procedures to
a permit is issued. effect on those soils, and measures
be used to acquire these properties, and
(ii) If landowners deny access to proposed to minimize or avoid impact.
types and amounts of relocation
private property and certain areas are Resource Report 7 must:
assistance payments;
not surveyed, the unsurveyed area must (6) Conduct a fiscal impact analysis (1) List, by milepost, the soil
be identified by mileposts, and evaluating incremental local associations that would be crossed and
supplemental surveys or evaluations government expenditures in relation to describe the erosion potential, fertility,
must be conducted after access is incremental local government revenues and drainage characteristics of each
granted. In those circumstances, reports, that will result from construction of the association.
and treatment plans, if necessary, for project. Incremental expenditures (i) List the soil series within the
those inaccessible lands may be filed include, but are not limited to, school transmission line right-of-way and the
after a permit is issued. operating costs, road maintenance and percentage of the property comprised of
(3) The Evaluation Report and repair, public safety, and public utility each series;
Treatment Plan, if required, for the costs; and (ii) List the percentage of each series
entire project must be filed before a (7) Conduct a property value impact that will be permanently disturbed;
permit is issued. analysis for residential properties (iii) Describe the characteristics of
(i) In preparing the Treatment Plan, located adjacent or abutting to the each soil series; and
the applicant must consult with the proposed right-of-way of the proposed (iv) Indicate which are classified as
Commission staff, the SHPO, and any transmission line facilities. The analysis prime or unique farmland by the U.S.
applicable THPO and land-management must include estimates of residential Department of Agriculture, Natural
agencies. property values both prior to and Resources Conservation Service.
(ii) Authorization to implement the subsequent to transmission line (2) Identify, by milepost, potential
Treatment Plan will occur only after the construction. The analysis must state impact from: Soil erosion due to water,
permit is issued. the assumptions made and the wind, or loss of vegetation; soil
(4) Applicant must request privileged methodology used to conduct the compaction and damage to soil structure
treatment for all material filed with the analysis. resulting from movement of
Commission containing location, (h) Resource Report 6—Geological construction vehicles; wet soils and
character, and ownership information resources. This report must describe soils with poor drainage that are
about cultural resources in accordance geological resources and hazards in the especially prone to structural damage;
with § 388.112 of this chapter. The project area that might be directly or damage to drainage tile systems due to
cover and relevant pages or portions of indirectly affected by the proposed movement of construction vehicles and
the report should be clearly labeled in action or that could place the proposed trenching activities; and interference
bold lettering: ‘‘CONTAINS facilities at risk, the potential effects of with the operation of agricultural
PRIVILEGED INFORMATION—DO NOT those hazards on the facility, and equipment due to the possibility of large
RELEASE.’’ methods proposed to reduce the effects stones or blasted rock occurring on or
(5) Except as specified in a final or risks. Resource Report 6 must: near the surface as a result of
Commission order, or by the Director of (1) Describe, by milepost, mineral construction; and
the Office of Energy Projects, resources that are currently or (3) Identify, by milepost, cropland,
construction may not begin until all potentially exploitable; and residential areas where loss of soil
cultural resource reports and plans have (2) Describe, by milepost, existing and fertility due to construction activity can
been approved. potential geological hazards and areas of occur.
(j) Resource Report 8—Land use, to the extent they are known to the (ii) Electronic installations. List all
recreation, and aesthetics. This report public at large, and reservations, lands commercial AM radio Transmitters
must describe the existing uses of land identified under the Special Area located within 10,000 feet of the
on, and (where specified) within 0.25 Management Plan of the Office of centerline of the proposed project and
mile of the edge of the proposed Coastal Zone Management, National all FM radio transmitters, microwave
transmission line right-of-way and Oceanic and Atmospheric relay stations, or other similar electronic
changes to those land uses that will Administration, and lands owned or installations located within 2,000 feet of
occur if the project is approved. The controlled by Federal or State agencies the centerline of the proposed project.
report must discuss proposed mitigation or private preservation groups. Also Provide a general description of each
measures, including protection and identify if any of those areas are located installation and its distance from the
enhancement of existing land use. within 0.25 mile of any proposed centerline of the projects. Locate all
Resource Report 8 must: facility. installations on a routing map; and
(1) Describe the width and acreage (5) Tribal resources. Describe Indian (iii) Airstrips. List all known private
requirements of all construction and tribes, tribal lands, and interests that airstrips within 10,000 feet of the
permanent rights-of-way required for may be affected by the project. centerline of the project. List all airports
project construction, operation and (i) Identify Indian tribes that may registered with the Federal Aviation
maintenance; attach religious and cultural Administration (FAA) with at least one
(i) List, by milepost, locations where significance to historic properties runway more than 3,200 feet in length
the proposed right-of-way would be within the project right-of-way or in the that are located within 20,000 feet of the
adjacent to existing rights-of-way of any project vicinity, as well as available centerline of the proposed project.
kind; information on Indian traditional Indicate whether any transmission
(ii) Identify, preferably by diagrams, structures will exceed a 100:1 horizontal
cultural and religious properties,
existing rights-of-way that will be used slope (one foot in height for each 100
whether on or off of any federally-
for a portion of the construction or feet in distance) from the closest point
recognized Indian reservation.
operational right-of-way, the overlap of the closest runway. List all airports
(ii) Information made available under
and how much additional width will be registered with the FAA having no
this section must delete specific site or
required; runway more than 3,200 feet in length
(iii) Identify the total amount of land property locations, the disclosure of
that are located within 10,000 feet of the
to be purchased or leased for each which will create a risk of harm, theft,
centerline of the proposed project.
project facility, the amount of land that or destruction of archaeological or
Indicate whether any transmission
would be disturbed for construction, Native American cultural resources or to
structures will exceed a 50:1 horizontal
operation, and maintenance of the the site at which the resources are
slope from the closest point of the
facility, and the use of the remaining located, or which would violate any
closest runway. List all heliports located
land not required for project operation Federal law, including the
within 5,000 feet of the centerline of the
and maintenance, if any; and Archaeological Resources Protection Act
proposed project. Indicate whether any
(iv) Identify the size of typical staging of 1979, 16 U.S.C. 470w–3, and the
transmission structures will exceed a
areas and expanded work areas, such as National Historic Preservation Act of 25:1 horizontal slope from the closest
those at railroad, road, and waterbody 1966, 16 U.S.C. 470hh. point of the closest landing and takeoff
crossings, and the size and location of (6) Identify, by milepost, all area of the heliport. Provide a general
all construction materials storage yards residences and buildings within 200 feet description of each private airstrip,
and access roads. of the edge of the proposed transmission registered airport, and registered
(2) Identify, by milepost, the existing line construction right-of-way and the heliport, and state the distance of each
use of lands crossed by the proposed distance of the residence or building from the centerline of the proposed
transmission facility, or on or adjacent from the edge of the right-of-way. transmission Line. Locate all airstrips,
to each proposed project facility; Provide survey drawings or alignment airports, and heliports on a routing map.
(3) Describe planned development on sheets to illustrate the location of the (7) Describe any areas crossed by or
land crossed or within 0.25 mile of transmission facilities in relation to the within 0.25 mile of the proposed
proposed facilities, the time frame (if buildings: transmission project facilities which are
available) for such development, and (i) Buildings. List all single-family and included in, or are designated for study
proposed coordination to minimize multi-family dwellings and related for inclusion in: The National Wild and
impacts on land use. Planned structures, mobile homes, apartment Scenic Rivers System (16 U.S.C. 1271);
development means development which buildings, commercial structures, The National Trails System (16 U.S.C.
is included in a master plan or is on file industrial structures, business 1241); or a wilderness area designated
with the local planning board or the structures, churches, hospitals, nursing under the Wilderness Act (16 U.S.C.
county; homes, schools, or other structures 1132);
(4) Identify, by milepost and length of normally inhabited by humans or (8) For facilities within a designated
crossing, the area of direct effect of each intended to be inhabited by humans on coastal zone management area, provide
proposed facility and operational site on a daily or regular basis within 0.5-mile- a consistency determination or evidence
sugar maple stands, orchards and wide corridor centered on the proposed that the applicant has requested a
nurseries, landfills, operating mines, transmission line alignment. Provide a consistency determination from the
hazardous waste sites, wild and scenic general description of each habitable State’s coastal zone management
rivers, designated trails, nature structure and its distance from the program;
preserves, game management areas, centerline of the proposed project. In (9) Describe the impact the project
remnant prairie, old-growth forest, cites, towns, or rural subdivisions, will have on present uses of the affected
national or State forests, parks, golf houses can be identified in groups. area as identified above, including
courses, designated natural, recreational Provide the number of habitable commercial uses, mineral resources,
or scenic areas, or registered natural structures in each group and list the recreational areas, public health and
landmarks, Native American religious distance from the centerline to the safety, and the aesthetic value of the
sites and traditional cultural properties closest habitable structure in the group; land and its features. Describe any
temporary or permanent restrictions on (l) Resource Report 10—Reliability meeting required by § 50.5(b) of this
land use resulting from the project; and safety. This report must address the chapter.
(10) Describe mitigation measures potential hazard to the public from (1) The drawings must show all major
intended for all special use areas facility components resulting from project structures in sufficient detail to
identified under this section; accidents or natural catastrophes, how provide a full understanding of the
(11) Describe the visual characteristics these events will affect reliability, and project including:
of the lands and waters affected by the what procedures and design features (i) Plans (overhead view);
project. Components of this description have been used to reduce potential (ii) Elevations (front view);
include a description of how the hazards. Resource Report 10 must: (iii) Profiles (side view); and
transmission line project facilities will (1) Describe measures proposed to (iv) Sections.
impact the visual character of project protect the public from failure of the (2) The applicant may submit
right-of-way and surrounding vicinity, proposed facilities (including preliminary design drawings with the
and measures proposed to lessen these coordination with local agencies); pre-filing documents or application. The
impacts. Applicants are encouraged to (2) Discuss hazards, the final design drawings may be submitted
supplement the text description with environmental impact, and service during the construction permit process
visual aids; and interruptions which could reasonably or after the Commission issues a permit
(12) Demonstrate that applications for ensue from failure of the proposed and must show the precise plans and
rights-of-way or other proposed land use facilities; specifications for proposed structures. If
have been or soon will be filed with (3) Discuss design and operational a permit is granted on the basis of
Federal land-management agencies with measures to avoid or reduce risk; preliminary designs, the applicant must
jurisdiction over land that would be (4) Discuss contingency plans for submit final design drawings for written
affected by the project. maintaining service or reducing approval by the Director of the Office of
(k) Resource Report 9—Alternatives. downtime; Energy Project’s prior to commencement
This report must describe alternatives to (5) Describe measures used to exclude of any construction of the project.
the project and compare the the public from hazardous areas. (3) Supporting design report. The
environmental impacts of such Discuss measures used to minimize applicant must submit, at a minimum,
alternatives to those of the proposal. It problems arising from malfunctions and the following supporting information to
must discuss technological and accidents (with estimates of probability demonstrate that existing and proposed
procedural constraints, costs, and of occurrence) and identify standard structures are safe and adequate to
benefits of each alternative. The procedures for protecting services and fulfill their stated functions and must
potential for each alternative to meet public safety during maintenance and submit such information in a separate
project purposes and the environmental breakdowns; and report at the time the application is
consequences of each alternative shall (6) Provide a description of the filed:
be discussed. Resource Report 9 must: electromagnetic fields generated by the (i) An assessment of the suitability of
(1) Discuss the ‘‘no action’’ alternative transmission lines, including their the transmission line towers and
and other alternatives given serious strength and extent. Provide a depiction appurtenant structures locations based
consideration to achieve the proposed of the expected field compared to on geological and subsurface
objectives. distance horizontally along the right-of- investigations, including investigations
(2) Provide an analysis of the relative way under the conductors, and of soils and rock borings and tests for
environmental benefits and impacts of perpendicular to the centerline of the the evaluation of all foundations and
each such alternative. right-of-way laterally. construction materials sufficient to
(3) Describe alternative routes or (7) Discuss the potential for acoustic determine the location and type
locations considered for each facility and electrical noise from electric and transmission line tower or appurtenant
during the initial screening for the magnetic fields, including shadowing structures suitable for the site;
project: and reradiation, as they may affect (ii) Copies of boring logs, geology
(i) For alternative routes considered in health or communication systems along reports, and laboratory test reports;
the initial screening for the project but the transmission right-of-way. Indicate (iii) An identification of all borrow
eliminated, describe the environmental the noise level generated by the line in areas and quarry sites and an estimate
characteristics of each route or site, and both dB and dBA scales and compare of required quantities of suitable
the reasons for rejecting it. Identify the this to any known noise ordinances for construction material;
location of such alternatives on maps of the zoning districts through which the
(iv) Stability and stress analyses for
sufficient scale to depict their location transmission line will pass; and
all major transmission structures and
and relationship to the proposed action, (8) Discuss the potential for induced
conductors under all probable loading
and the relationship of the transmission or conducted currents along the
conditions, including seismic, wind,
facilities to existing rights-of-way; and transmission right-of-way from electric
and ice loading as appropriate in
(ii) For alternative routes or locations and magnetic fields.
sufficient detail to permit independent
considered for more in-depth (m) Resource Report 11—Design and staff evaluation.
consideration, describe the Engineering. This report consists of
(4) The applicant must submit two
environmental characteristics of each general design and engineering
copies of the supporting design report
route or site and the reasons for drawings of the principal project
described in paragraph (m)(3) of this
rejecting it. Provide comparative tables facilities described under Resource
section at the time preliminary and final
showing the differences in Report—General project description. If
design drawings are filed. If the report
environmental characteristics for the this report submitted with the

contains preliminary drawings, it must
alternative and proposed action. The application is preliminary in nature,
be designated a ‘‘Preliminary
location of any alternatives in this applicant must state that in the
Supporting Design Report.’’
paragraph shall be provided on maps application. The drawings must
equivalent to those required in conform to the specifications [FR Doc. 06–5619 Filed 6–23–06; 8:45 am]
paragraph (c)(2) of this section. determined in the initial consultation BILLING CODE 6717–01–P

Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Proposed Rules

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Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Proposed Rules

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36258 Federal Register / Vol. 71, No.

122 / Monday, June 26, 2006 / Proposed Rules

Number of Number of Hours per Total annual

FERC–729 ..................................................................................................... 10 1 9,600 96,000

Necessity of the Information: The Michael Miller, Office of the Executive

12 44 U.S.C. 3507(d) (2000).

strength specifications; regional transmission expansion plans; rejected application.

environmental characteristics for the this report submitted with the

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