10 CFR §900.3

1. (a)Following the procedures set out in this section, the Director may determine that a proposed electric transmission facility that does not meet the description of a qualifying project under paragraph (1) of the definition in § 900.2 is a qualifying project under paragraph (2) of the definition.
2. (b)A requestor seeking DOE assistance under this part for a proposed electric transmission facility that does not meet the description of a qualifying project under paragraph (1) of the definition in § 900.2 must file a request for coordination with the Director. The request must contain:
   1. (1)The legal name of the requester; its principal place of business; and the name, title, and mailing address of the person or persons to whom communications concerning the request for coordination are to be addressed;
   2. (2)A concise description of the proposed facility sufficient to explain its scope and purpose;
   3. (3)A list of anticipated relevant Federal entities involved in the proposed facility; and
   4. (4)A list of anticipated relevant non-Federal entities involved in the proposed facility, including any agency serial or docket numbers for pending applications.
3. (c)Not later than 30 calendar days after the date that the Director receives a request under this section, the Director, in consultation with the relevant Federal entities, will determine if the proposed electric transmission facility is a qualifying project under this part and will notify the project proponent in writing of one of the following:
   1. (1)If accepted, that the proposed facility is a qualifying project and the project proponent must submit an initiation request as set forth under § 900.5; or
   2. (2)If not accepted, that the proposed facility is not a qualifying project, a justification of that determination, and an indication that the project proponent must follow the procedures of each relevant Federal entity that has jurisdiction over the proposed facility without DOE performing a coordinating function.
4. (d)In making the determination whether a proposed electric transmission facility is a qualifying project, the Director may consider:
   1. (1)Whether the proposed facility would benefit from CITAP Program coordination;
   2. (2)Whether the proposed facility would result in reduced congestion costs for generating and delivering energy;
   3. (3)Whether the proposed facility would result in mitigation of weather and variable generation uncertainty;
   4. (4)Whether the proposed facility would result in an enhanced diversity of supply; and
   5. (5)Any other relevant factors, as determined by the Director.
5. (e)For a proposed facility that is seeking a construction or modification permit pursuant to section 216(b) of the Federal Power Act, DOE may only consider a request for assistance under this section if the request under paragraph (b) of this section is consistent with Delegation Order No. S1-DEL-FERC-2006 or any similar, subsequent delegation that the Secretary may order.
6. (f)At the discretion of the MOU signatory agencies, this section may be applied to a proposed electric transmission facility proposed for authorization under section 8(p) of the Outer Continental Shelf Lands Act, if the proposed authorization is independent of any generation project.
7. (g)This section does not apply to:
   1. (1)A proposed electric transmission facility proposed to be authorized under section 8(p) of the Outer Continental Shelf Lands Act in conjunction with a generation project; or
   2. (2)A proposed electric transmission facility wholly located within the Electric Reliability Council of Texas interconnection.