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ARTICLE · 27 MAY 2024

Order No. 1977: FERC Siting Permits For Interstate Electric Transmission Facilities - FERC Finalizes Backstop Transmission Siting Reforms

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On May 13, 2024, the Federal Energy Regulatory Commission ("FERC" or Commission) issued a final rule amending its regulations governing FERC's review of applications for transmission siting permits...

United StatesEnergy and Natural Resources
Bracewell LLP
Bracewell LLP
Michael W. Brooks
Michael W. Brooks
Theodore Duver
Theodore Duver
Tyler S. Johnson
Tyler S. Johnson
Deanna E. King
Deanna E. King
Catherine McCarthy
Catherine McCarthy
Joshua Robichaud
Joshua Robichaud
Boris Shkuta
Boris Shkuta
Caroline S. Sinegar
Caroline S. Sinegar

On May 13, 2024, the Federal Energy Regulatory Commission ("FERC" or Commission) issued a final rule amending its regulations governing FERC's review of applications for transmission siting permits pursuant to section 216 of the Federal Power Act ("FPA"), commonly referred to as FERC's backstop transmission siting authority (the "Transmission Siting Rule"). Order No. 1977 is intended to reinvigorate FERC's limited transmission siting authority for interstate electric transmission projects and provides a path for FERC to use its jurisdiction under FPA section 216 to grant siting permits to developers of transmission projects located in certain designated geographic regions of the country (National Interest Electric Transmission Corridors, or "NIETCs"), even when the developer has been unable to secure siting permits from the applicable state or local authority. Permits issued under section 216 confer eminent domain authority onto the project developer.

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