Has anyone had experience with the FDIC with opening new branches when they have an NI CRA rating?

Poor CRA ratings, can seriously interfere with a lender’s future plans. When a lender desires to merge with another institution or open a branch, the lender must apply to the Federal Reserve Board and/or to its primary regulator for permission. If the lender has received one of the two lowest CRA ratings, the federal agency reviewing the lender’s application has the authority to delay, deny, or condition the lender’s application. Federal agencies have established formal procedures for reviewing bank applications, including detailed procedures for reviewing public comment on the applications.

You will have no problem opening a new branch with NI rating, as long as the new branch is in a LMI census tract, and a significant portion of the reason for the NI rating was from the Service Test. If the Lending Test was your weakness, your regulators would question why you want to add to the ability to service customers when you are not adequately providing loan products and services with your existing branch coverage. You need to analyze why your bank got the NI scarlet letter(s).