18 Cfr 380.3

Federal Energy Regulatory Commission

erowe on DSK2VPTVN1PROD with CFR

(f) Environmental report or ER means
that part of an application submitted
to the Commission by an applicant for
authorization of a proposed action
which includes information concerning
the environment, the applicant’s analysis of the environmental impact of the
action, or alternatives to the action required by this or other applicable statutes or regulations.
(g) Finding of no significant impact
(FONSI) means a document by the
Commission briefly presenting the reason why an action, not otherwise excluded by § 380.4, will not have a significant effect on the human environment
and for which an environmental impact
statement therefore will not be prepared. It must include the environmental assessment or a summary of it
and must note other environmental
documents related to it. If the assessment is included, the FONSI need not
repeat any of the discussion in the assessment but may incorporate it by
reference.
§ 380.3 Environmental information to
be supplied by an applicant.
(a) An applicant must submit information as follows:
(1) For any proposed action identified
in §§ 380.5 and 380.6, an environmental
report with the proposal as prescribed
in paragraph (c) of this section.
(2) For any proposal not identified in
paragraph (a)(1) of this section, any environmental information that the Commission may determine is necessary for
compliance with these regulations, the
regulations of the Council, NEPA and
other Federal laws such as the Endangered Species Act, the National Historic Preservation Act or the Coastal
Zone Management Act.
(b) An applicant must also:
(1) Provide all necessary or relevant
information to the Commission;
(2) Conduct any studies that the
Commission staff considers necessary
or relevant to determine the impact of
the proposal on the human environment and natural resources;
(3) Consult with appropriate Federal,
regional, State, and local agencies during the planning stages of the proposed
action to ensure that all potential environmental impacts are identified.
(The specific requirements for con-

§ 380.4
sultation on hydropower projects are
contained in § 4.38 and § 16.8 of this
chapter and in section 4(a) of the Electric Consumers Protection Act, Pub. L.
No. 99–495, 100 Stat. 1243, 1246 (1986));
(4) Submit applications for all Federal and State approvals as early as
possible in the planning process; and
(5) Notify the Commission staff of all
other Federal actions required for completion of the proposed action so that
the staff may coordinate with other interested Federal agencies.
(c) Content of an applicant’s environmental report for specific proposals—1)
Hydropower projects. The information
required for specific project applications under part 4 or 16 of this chapter.
(2) Natural gas projects. (i) For any application filed under the Natural Gas
Act for any proposed action identified
in §§ 380.5 or 380.6, except for prior notice filings under § 157.208, as described
in § 380.5(b), the information identified
in § 380.12 and Appendix A of this part.
(ii) For prior notice filings under
§ 157.208, the report described by
§ 157.208(c)(11) of this chapter.
(3) Electric transmission project. For
pre-filing requests and applications
filed under section 216 of the Federal
Power Act identified in §§ 380.5(b)(14)
and 380.6(a)(5).
[Order 486, 52 FR 47910, Dec. 17, 1987, as
amended by Order 533, 56 FR 23155, May 20,
1991; Order 603, 64 FR 26611, May 14, 1999;
Order 689, 71 FR 69470, Dec. 1, 2006; Order 756,
77 FR 4895, Feb. 1, 2012]

§ 380.4 Projects or actions categorically excluded.
(a) General rule. Except as stated in
paragraph (b) of this section, neither
an environmental assessment nor an
environmental impact statement will
be prepared for the following projects
or actions:
(1) Procedural, ministerial, or internal administrative and management
actions, programs, or decisions, including procurement, contracting, personnel actions, correction or clarification of filings or orders, and acceptance, rejection and dismissal of filings;
(2)(i) Reports or recommendations on
legislation not initiated by the Commission, and
(ii) Proposals for legislation and promulgation of rules that are clarifying,

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