Balancing Energy Progress and Property Rights: DOE Plans Spark Controversy in New Mexico, Oklahoma, and Colorado


Landowners in eastern New Mexico and neighboring regions are raising alarm over the U.S. Department of Energy’s (DOE) plans to establish National Interest Electric Transmission Corridors (NIETCs). These proposed corridors, spanning 5 to 15 miles in width, threaten to disrupt prime agricultural lands and rural communities across multiple states, including eastern New Mexico, the western tip of the Oklahoma Panhandle, and southeastern Colorado.

In New Mexico, the affected counties include Otero, Eddy, Roosevelt, Curry, Lea, Quay, and Union. The DOE has completed Phases One and Two of the NIETC initiative and is now in the public comment phase of Phase Three, which addresses corridor placement. Phase Four, focusing on human and environmental impacts, is slated to follow. However, during a recent webinar on January 15, DOE representatives provided minimal clarity on how public objections would be addressed or incorporated into the project’s planning.

A National Interest Electric Transmission Corridor (NIETC) is a region designated by the U.S. Department of Energy (DOE) where electricity transmission limitations adversely impact American citizens. The Energy Policy Act of 2005 granted the Federal Energy Regulatory Commission (FERC) authority to create these corridors to rapidly expand transmission capacity. In cases where state and local governments fail to approve permits for necessary projects, FERC can issue federal permits, allowing project leaders to use eminent domain to acquire land for transmission development.

Currently, electricity generation in the U.S. is outpacing transmission growth by a factor of four. This bottleneck hampers the ability to deliver energy from emerging renewable sources to consumers, undermining efforts to achieve national energy independence. As a result, the issue has garnered significant federal attention.

On October 30, 2023, the DOE released a revised congestion study, renamed the National Transmission Needs Study, which for the first time incorporated projections for future grid requirements—a mandate of the Infrastructure Investment and Jobs Act (IIJA). The study revealed a decline in infrastructure investments since 2015 and persistently high energy prices in regions such as the Rust Belt and California since 2018. It forecasted regional transmission capacity increases of 20–128%, interregional increases of 25–412%, and identified priority areas for development: connecting Texas to the Southwest, linking the Mississippi Delta and Midwest to the Great Plains, and improving connections between New York and New England.

In December 2023, the DOE revised the NIETC designation process as required by the IIJA. A year later, in December 2024, the DOE announced the first three NIETCs under the updated process, advancing their eligibility for Transmission Facilitation Program (TFP) funds. These included a corridor on the bed of Lake Erie linking Ontario and Pennsylvania, a connection between Colorado, New Mexico, and Oklahoma, and a corridor linking the Dakotas. Notably, the Kansas-Indiana Grain Belt Express project withdrew from eligibility, having secured sufficient funding independently.

To support long-term planning, the DOE released its inaugural National Transmission Planning Study in October 2024. The study projected that transmission capacity must increase 2.4 to 3.5 times the 2020 levels by 2050 to maintain low costs and enable energy delivery, with estimated cost savings of $270–$490 billion.

Historically, local governments have controlled the electricity grid, often prioritizing local interests over national or interstate needs. States with low electricity costs may resist infrastructure projects that facilitate interstate energy trade, fearing competition and higher local rates. Vocal constituencies can further delay or block permitting processes, citing concerns over aesthetics, environmental impacts, and health risks.

Large-scale transmission upgrades require collaboration among multiple states, hundreds of interlocking permits, and the participation of many of the 500 companies that own portions of the grid. The fragmented nature of grid control—referred to by former Energy Secretary Bill Richardson as a “third world grid”—poses a significant challenge to improving the system. Recognizing this, the Energy Policy Act of 2005 empowered the DOE to intervene when states failed to act. However, the DOE’s early efforts to designate national corridors sparked opposition, with fourteen senators accusing the agency of overreach.

At the core of the controversy is the DOE’s reliance on eminent domain powers. Landowners who cannot reach satisfactory agreements with developers may be forced to sell or lease their property. This policy, enabled by the Infrastructure Investment and Jobs Act, seeks to unlock $2 billion in financing for transmission projects through public-private partnerships. Critics argue that this approach prioritizes federal and corporate interests over local communities.

“The guidelines for the NIETCs are vague and open-ended,” said a spokesperson for the New Mexico Cattle Growers Association (NMCGA). “They don’t specify the types of electricity these corridors will support, leaving the door open for wind, solar, hydroelectric power, battery storage, and other large facilities.”

The impact of these corridors extends beyond New Mexico. The DOE’s plans include routes through the western edge of the Oklahoma Panhandle and into southeastern Colorado, affecting Baca and Prowers Counties. Known for their agricultural significance, these regions face similar risks of economic and environmental disruption. Residents and officials in Baca and Prowers Counties have also expressed concern, “This proposal has the potential to devastate our agricultural economy,” said a Curry County resident. “We need our county commissioners, state representatives, and senators to stand with us and demand accountability from the DOE.”

Local officials across the impacted regions are calling for a unified front to oppose the DOE’s plans. Many emphasize the importance of submitting public comments to the Federal Register by the February 14 deadline. These comments will be critical in any potential legal challenges to the NIETC initiative.

The NMCGA is urging landowners to act swiftly and communicate with their neighbors, county commissioners, and state legislators. Contact information for county commissioners can be found on county websites, while state representatives’ details are available on the New Mexico Legislature’s website. Residents in Colorado and Oklahoma are encouraged to reach out to their respective local and state officials to ensure their voices are heard.

“This is an urgent issue that affects us all,” the NMCGA emphasized. “We need to make our voices heard and hold the DOE accountable. They need to face the people impacted by these corridors and answer our questions.”

The Plainsman Herald will continue to watch this story closely and provide updates as developments unfold. Community members are encouraged to stay informed, attend local meetings, and actively participate in the public comment process.

As of December 2024, the public comment period for the National Interest Electric Transmission Corridors (NIETCs) is open until February 14, 2025. Key points about the NIETC public comment period:

Date to submit comments: February 14, 2025

  • Who is soliciting comments: The U.S. Department of Energy (DOE)

  • Purpose of comments: To gather feedback on potential NIETC corridors, including their geographic boundaries and potential environmental impacts 

  • You can submit public comments on the National Interest Electric Transmission Corridor (NIETC) to the U.S. Department of Energy (DOE) by: 
  • Emailing NIETC@hq.doe.govMailing comments to U.S. Department of Energy, Grid Deployment Office, 1000 Independence Ave SW, Suite 4H-065, Washington, DC 20585Submitting comments through the Federal eRulemaking Portal at www.regulations.gov

  • You can include the relevant docket number(s) in the subject line of your email or in your written comments: DOE-HQ-2024-0096-0001Why submit comments?The DOE uses public comments to: Increase geographic specificity of NIETCs, Spur additional transmission development, Improve environmental reviews, and Tailor future public engagement. 

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