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By EPN Staff

Landowners in southeastern Colorado, Oklahoma, and New Mexico are contesting efforts by the federal government to establish high-voltage electricity transmission lines on their land.

Why it matters                            

The 2021 federal Infrastructure Investment and Jobs Act authorizes the Secretary of Energy to designate National Interest Electric Transmission Corridors (NIETCs) when the department determines new transmission infrastructure will increase reliability and bring down costs.  The government is authorized to use eminent domain to appropriate the designated land.

Federal construction permits are available when states cannot or will not issue permits themselves. Corridors in three areas are under review to receive such designations:

  • The Southwestern Grid Connector, which runs 600 miles from southwestern Colorado through the Oklahoma panhandle to southwestern New Mexico
  • The Lake Erie-Canada Corridor in northwestern Pennsylvania
  • The Tribal Energy Access Corridor, which runs from North Dakota to South Dakota, Nebraska, and five Tribal Reservations.

Public-private partnerships are eligible to draw upon $2.5 billion available under the Infrastructure Investment and Jobs Act and loans through the Transmission Facility Financing program under the Inflation Reduction Act.

The bigger picture

A December report by the Colorado Electric Transmission Authority found Colorado will need more power infrastructure over the next 20 years at an estimated cost of $4.5 billion. 

The state will need 3,700 miles of transmission upgrades including 548 in new power lines.

More power transmission lines are needed as more power is generated through dispersed solar and wind projects rather than centralized coal and natural gas power stations. New data centers also generate greater demand, and some areas, including Denver and the San Luis Valley, need upgrades within the next year. 

No corridors have yet been designated as National Interest Electric Transmission Corridors.

In 2011, the 9th Circuit Court of Appeals struck down the U.S. Department of Energy’s plan to establish one that spanned 10 states, ruling the federal government failed to conduct federally mandated environmental reviews and failed to adequately consult affected Mid-Atlantic and Southwestern states.

Additional context

During Phase 1 of the process, DOE used findings from the National Transmission Needs Study, its triennial state-of-the-grid report along with input from states, tribes, industry, local communities and other stakeholders to consider locations.

During Phase 2, DOE identified ten potential NIETCs and narrowed the list to four.

During Phase 3, the department picked three finalists, solicited public comment and conducted environmental reviews. The current comment period is set to close on April 15.

In Phase 4, DOE issues final NIETC designation reports and environmental documents. This is slated for next year.