FERC Issues Order 1977

On May 13, 2024, FERC issued Order 1977 to clarify the procedures that will apply when FERC exercises its transmission siting authority.

On May 13, 2024, FERC issued Order 1977 to clarify the procedures that will apply when FERC exercises its transmission siting authority under section 216 of the Federal Power Act. Among other things, Order No. 1977 clarifies when applications for transmission siting approval may be filed with FERC, codifies an Applicant Code of Conduct that applicants can use to demonstrate good-faith efforts to engage with landowners in the permitting process, and establishes requirements for applicants to develop and file Environmental Justice Public Engagement Plans. On October 17, 2024, FERC amended the rule to require applicants seeking rights of way on Tribal lands to include their proposals in their Tribal engagement plans.