---
kind: "section"
citation: "10 C.F.R. § 900.3"
title: "10"
number: "900.3"
heading: "Applicability to other projects."
url: "https://uscodex.org/cfr/10/900.3"
---

# §900.3. Applicability to other projects.

- (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](/cfr/10/900.2.md) is a qualifying project under paragraph (2) of the definition.
- (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)](#b-1) of the definition in [§ 900.2](/cfr/10/900.2.md) must file a request for coordination with the Director. The request must contain:
  - (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) A concise description of the proposed facility sufficient to explain its scope and purpose;
  - (3) A list of anticipated relevant Federal entities involved in the proposed facility; and
  - (4) A list of anticipated relevant non-Federal entities involved in the proposed facility, including any agency serial or docket numbers for pending applications.
- (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) 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](/cfr/10/900.5.md); or
  - (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.
- (d) In making the determination whether a proposed electric transmission facility is a qualifying project, the Director may consider:
  - (1) Whether the proposed facility would benefit from CITAP Program coordination;
  - (2) Whether the proposed facility would result in reduced congestion costs for generating and delivering energy;
  - (3) Whether the proposed facility would result in mitigation of weather and variable generation uncertainty;
  - (4) Whether the proposed facility would result in an enhanced diversity of supply; and
  - (5) **Any other relevant factors, as determined by the Director.**
- (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)](#b) of this section is consistent with Delegation Order No. S1-DEL-FERC-2006 or any similar, subsequent delegation that the Secretary may order.
- (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.
- (g) **This section does not apply to—**
  - (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) A proposed electric transmission facility wholly located within the Electric Reliability Council of Texas interconnection.

## Notes

### Authority

Authority: 16 U.S.C. 824p(h).

### Source

Source: 89 FR 35367, May 1, 2024, unless otherwise noted.