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US DOE Proposes Rule to Set Timeline for Federal Permitting of Electric Transmission

On August 10, 2023, the U.S. Department of Energy (DOE) issued a proposed rule to establish the Coordinate Interagency Transmission Authorization and Permits (CITAP) Program. The program is designed to expedite the review and permitting processes for electric transmission facilities.

The Proposed Rule states in part:

The Department of Energy (DOE) is proposing to amend its regulations for the timely coordination of Federal authorizations for proposed interstate electric transmission facilities pursuant to the Federal Power Act (FPA). Specifically, DOE is proposing to establish an integrated and comprehensive Coordinated Interagency Transmission Authorizations and Permits Program (CITAP Program); make participation by application in the Integrated Interagency Preapplication (IIP) Process a pre-condition for a decision under the CITAP Program; require project proponents to develop resource reports and public engagement plans for communities that would be affected by a proposed qualifying project through an iterative and collaborative process with Federal agencies while providing that Federal entities would remain responsible for completion of environmental reviews, for government-to-government consultation with Indian Tribes (and government-to-sovereign consultation in the context of Native Hawaiian relations), and for any findings and determinations; require project proponents to conduct robust engagement with all Tribes and communities of interest that would be affected by a proposed qualifying project; ensure that DOE may carry out its statutory obligation to prepare a single Environmental Impact Statement (EIS) sufficient for the purposes of all Federal authorizations necessary to site a qualifying project; and align and harmonize the IIP Process and implementation of the FPA with Title 41 of the Fixing America's Surface Transportation (FAST) Act.

The DOE’s News Release states in part:

The Grid Deployment Office (GDO), which will administer the CITAP Program, is now seeking public comment and feedback on the proposed program via a Notice of Proposed Rulemaking. Comments must be received by 11:59 p.m. ET on October 2, 2023.


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