FERC Expands Transmission Siting Authority In National Interest Corridors

On May 13, 2024, the Federal Energy Regulatory Commission ("FERC") issued a final rule expanding its siting authority over the construction and modification of electric transmission facilities within National Interest Electric Transmission Corridors ("National Corridors"). Order No. 1977¹ amends FERC's existing regulations governing applications for permits to site electric transmission facilities and the exercise of federal eminent domain authority to implement the Infrastructure Investment and Jobs Act of 2021's ("IIJA's")² amendments to the Federal Power Act ("FPA") Section 216.³

The IIJA expanded FERC's backstop siting authority to include circumstances where a state commission: (i) has not made a determination on an application by one year after the later of the date on which the application was filed or the date on which the relevant National Corridor was designated; (ii) has conditioned its approval such that the proposed project will not