The Federal Energy Regulatory Commission on Oct. 17 took final action on Order No. 1977, the rule implementing its limited authority over siting electricity transmission lines, by requiring applicants seeking rights of way on Tribal lands for their projects to include their proposals in their Tribal engagement plans.
Order No. 1977, approved by the Commission in May, updates the process to be used when FERC is called upon to exercise its limited authority to site electric transmission lines under the Federal Power Act as amended by Congress in 2021.
The new rule includes a Landowner Bill of Rights, codifies an Applicant Code of Conduct as one way for applicants to demonstrate good faith efforts to engage with landowners in the permitting process, and directs applicants to develop engagement plans for outreach to environmental justice communities and Tribes.
The order addresses arguments raised on rehearing of Order No. 1977 and adds a new requirement for applicants’ engagement plans for outreach to Tribes.
Now, if a project requires a right of way on Tribal land, the applicant must describe in its Tribal engagement plan how it will work with Tribal landowners on right-of-way issues.