Common use of Disclosure of Certain Information Clause in Contracts

Disclosure of Certain Information. Directs FERC to establish a process to compel cooperating agencies to provide a response within 60 days of a prospective applicant's request during prefiling, including the likelihood of approval for a potential facility and the key issues of concern to the agencies and the public. • Single Environmental Review—Requires FERC to prepare a single environmental review document, which shall be used as the basis for all decisions on the qualifying project • Streamlined Review and Permitting Within Certain Corridors—Requires the heads of other agencies to streamline the review and permitting of transmission within corridors designated under section 503 of the Federal Land Policy and Management Act (43 U.S.C. 1763) by fully accounting for prior analyses and decisions relating to the corridors. • Appeal to the President— Upholds existing Presidential appeal process. Maintains that if any agency has denied a Federal authorization required for a transmission facility, or has failed to act by the deadline established by FERC (previously DOE), the applicant or any State in which the facility would be located may file an appeal with the President, who shall, in consultation with the affected agency, review the denial or failure to take action on the pending application not later than 90 days after the date of the filing of the appeal. • Application of Fast-41 Procedures—Applies Fast-41 procedures to qualifying projects. Allows use of Environmental Review Improvement Fund established under section 41009(d) of the FAST Act (42 U.S.C. 4370m–8(d)) to compensate agencies participating in the prefiling process. Requires that the Fast-41 Permitting Council account for whether, and the extent to which, the participating agency or cooperating agency participated in the prefiling process in subsequent funding decisions associated with qualifying projects. • Prefiling— Mandates each Federal participating agency with respect to a project for which a permit is sought under that subsection participate in the prefiling process. Sate, Tribal, and local agencies, including any State commission or other stakeholders are encouraged to participate in the prefiling process for a qualifying project. • Expediting Application Processing—Authorizes third party application processing at the state and federal level for transmission permits, include language making clear the provision is voluntary; that the use of third-party contractors should not impact impartial decisions; and imposes reporting requirements. • Categorical Exclusions— Expands list of categorical exclusions including energy storage devices at existing or planned energy facilities, and repair, maintenance, upgrade, optimization, or minor addition to existing transmission and distribution infrastructure. FERC must first determine if categorical exclusions would reduce processing times or costs for the issuance of permits under subsection without significantly affecting the human environment. • NEPA Processes and Compliance— Ensures that there is no duplication of effort or processes with respect to environmental reviews relating to the siting, construction, or modification of national interest electric transmission facilities in national interest electric transmission corridors designated by DOE. • Federal Land Use Authorizations—Allows FERC (previously DOE) to renew land use authorizations taking into account reliance on such electricity infrastructure, recognizing the importance of the authorization for public health, safety, and economic welfare and as a legitimate use of federal land. • Consultation—Requires FERC (previously DOE) to consult with DOE, electric reliability organizations, and transmission organization. Subsection 216(i)— Allows states to enter into interstate compacts for the purposes of siting transmission facilities. Directs FERC (previously DOE) to provide technical assistance to regional transmission siting agencies. Subsection 216(j)—Establishes relationship of Section 216 to other environmental laws. Subsection 216(k)—Applicability of section describing ERCOT. Subsection 2(b) • Grants to Facilitate the Siting of Interstate Electricity Transmission Lines—Directs DOE to allocate 70 percent of funds from the program established in section 50152 of Public Law 117–169 (42 U.S.C. 18715a) to fund economic development initiatives and provide support to communities that are among the most significantly impacted by project development, construction, or local operations activities relating to the covered transmission projects for which a grant under that subsection is sought. Allocates the remaining 30 percent to siting activities, such as analyzing the benefits of proposed interregional transmission.