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FERC Takes Final Action on Transmission Siting Rule

Oct. 22, 2024
The final rule requires applicants seeking rights of way on Tribal lands to include their plans for engagement with Tribes in their proposals.

The Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which updates the process for siting electricity transmission lines under its limited authority, as outlined in the Federal Power Act amended in 2021. The final rule requires applicants seeking rights of way on Tribal lands to include their plans for engagement with Tribes in their proposals.

Key provisions of Order No. 1977 include:

  • A Landowner Bill of Rights to protect landowners during the permitting process.
  • An Applicant Code of Conduct, providing guidelines for good faith engagement with landowners.
  • Requirements for Tribal and environmental justice community engagement plans from project applicants.

FERC added a new requirement for applicants whose projects involve Tribal lands. These applicants must outline how they will work with Tribal landowners on right-of-way issues in their Tribal engagement plans. This update follows a rehearing process and responds to feedback regarding FERC’s jurisdiction, state siting decisions, the scope of the new rules, and climate impact considerations.

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