USA Law and Practice Contributed by: David P. Flynn, Lindsey E. Haubenreich, Thomas F. Puchner and Dennis W. Elsenbeck, Phillips Lytle LLP
• the Council on Environmental Quality; • the Advisory Council on Historic Preservation; • the DOI; and • FERC. Building upon a 2023 Memorandum of Under- standing between nine of these agencies aimed at expediting the siting, permitting and construc- tion of transmission infrastructure, in April 2024 the DOE established the Coordinated Intera- gency Transmission Authorizations and Permits (CITAP) Program. The CITAP Program: • implements a new integrated inter-agency pre-application (IIP) process for transmission projects; • makes the DOE the lead agency for the preparation of a single environment review document to serve as the NEPA document for all required federal authorisations; and • sets an expedited two-year deadline for completion of all federal authorisations and permitting from the date the DOE issues a notice of intent (NOI) to prepare an environ- mental impact statement (EIS). The IIP process requires the project proponent to submit a project participation plan and a public engagement plan, which are intended to identify opportunities for the public to participate in project authorisation decisions and promote engagement with communities of interest and relevant stakeholders. When a company’s permit application is sub- ject to review by FERC, the company must meet with FERC’s Director of Energy Projects to initi- ate the pre-filing review process. Upon approval from the Director, FERC will issue a notice of the pre-filing process, and the company must imple- ment a Public Participation Plan to identify how
it intends to communicate with stakeholders and disseminate information to the public. Once the company files a complete application, FERC will review comments and recommenda- tions from involved entities and individuals, hold public meetings and technical conferences, and clarify project-related issues. FERC is required to act on an application within one year of the filing date. In addition, FERC will issue an NOI to pre- pare an environmental assessment (EA) or EIS. The NOI is sent to federal agencies, state and local agencies, and to any entity or individual that may be affected by the transmission facili- ties, seeking comments from interested parties. After the comment period, FERC will prepare an EA or EIS to outline its findings and recom- mendations. FERC will address the comments in the EA or EIS, or in the final order granting or denying the application. The extent of the federal review process will depend on a number of fac- tors, including the size and location of the pro- ject and the degree of co-ordination between the federal agencies and the applicant. The future of this initiative, particularly as it relates to renew- able energy-related transmission projects, is unclear. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities State, local and federal agency approval of transmission facilities is contingent on the terms and conditions as determined by the applicable agencies in the review process. As discussed previously, a company seeking a transmission facilities permit must undergo review by numer- ous authorities, both state and federal. During such review, the applicable authority will make comments and recommendations and will con-
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