18 Cfr 380.7

§ 380.6

18 CFR Ch. I (4–1–19 Edition)

not these are styled license amendments or original licenses;
(9) Licenses under Part I of the Federal Power Act and part 4 of this chapter for transmission lines only;
(10) Applications for new licenses
under section 15 of the Federal Power
Act;
(11) Approval of electric interconnections and wheeling under section 202(b),
210, 211, and 212 of the Federal Power
Act, unless excluded under § 380.4(a)(17);
(12) Regulations or proposals for legislation not included under § 380.4(a)(2);
(13) Surrender of water power licenses and exemptions where project
works exist or ground disturbing activity has occurred and amendments to
water power licenses and exemptions
that require ground disturbing activity
or changes to project works or operations; and
(14) Except as identified in § 380.6, authorization to site new electric transmission facilities under section 216 of
the Federal Power Act and DOE Delegation Order No. 00–004.00A.
[Order 486, 52 FR 47910, Dec. 17, 1987; Order
486, 53 FR 4817, Feb. 17, 1988, as amended by
53 FR 8177, Mar. 14, 1988; Order 486–B, 53 FR
26437, July 13, 1988; Order 689, 71 FR 69470,
Dec. 1, 2006; Order 756, 77 FR 4895, Feb. 1, 2012;
Order 800, 79 FR 59112, Oct. 1, 2014]

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§ 380.6 Actions that require an environmental impact statement.
(a) Except as provided in paragraph
(b) of this section, an environmental
impact statement will normally be prepared first for the following projects:
(1) Authorization under sections 3 or
7 of the Natural Gas Act and DOE Delegation Order No. 0204–112 for the siting,
construction, and operation of jurisdictional liquefied natural gas import/export facilities used wholly or in part to
liquefy, store, or regasify liquefied natural gas transported by water;
(2) Certificate applications under section 7 of the Natural Gas Act to develop an underground natural gas storage facility except where depleted oil
or natural gas producing fields are
used;
(3)
Major
pipeline
construction
projects under section 7 of the Natural
Gas Act using rights-of-way in which
there is no existing natural gas pipeline;

(4) Licenses under Part I of the Federal Power Act and part 4 of this chapter
for
construction
of
any
unconstructed water power projects;
and
(5) Major electric transmission facilities under section 216 of the Federal
Power Act and DOE Delegation Order
No. 00–004.00A using right-of-way in
which there is no existing facility.
(b) If the Commission believes that a
proposed action identified in paragraph
(a) of this section may not be a major
Federal action significantly affecting
the quality of the human environment,
an environmental assessment, rather
than an environmental impact statement, will be prepared first. Depending
on the outcome of the environmental
assessment, an environmental impact
statement may or may not be prepared.
(c) An environmental impact statement will not be required if an environmental assessment indicates that a
proposal has adverse environmental affects and the proposal is not approved.
[Order 486, 52 FR 47910, Dec. 17, 1987, as
amended at 53 FR 8177, Mar. 14, 1988; Order
486–B, 53 FR 26437, July 13, 1988; Order 689, 71
FR 69470, Dec. 1, 2006; Order 756, 77 FR 4895,
Feb. 1, 2012]

§ 380.7 Format of an environmental
impact statement.
In addition to the requirements for
an environmental impact statement
prescribed in 40 CFR 1502.10 of the regulations of the Council, an environmental impact statement prepared by
the Commission will include a section
on the literature cited in the environmental impact statement and a staff
conclusion section. The staff conclusion section will include summaries of:
(a) The significant environmental
impacts of the proposed action;
(b) Any alternative to the proposed
action that would have a less severe
environmental impact or impacts and
the action preferred by the staff;
(c) Any mitigation measures proposed by the applicant, as well as additional mitigation measures that might
be more effective;
(d) Any significant environmental
impacts of the proposed action that
cannot be mitigated; and
(e) References to any pending, completed, or recommended studies that

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Federal Energy Regulatory Commission
might provide baseline data or additional data on the proposed action.
§ 380.8 Preparation of environmental
documents.
The preparation of environmental
documents, as defined in § 1508.10 of the
regulations of the Council (40 CFR
1508.10), on hydroelectric projects, natural gas facilities, and electric transmission facilities in national interest
electric transmission corridors is the
responsibility of the Commission’s Office of Energy Projects, 888 First Street
NE., Washington, DC 20426, (202) 502–
8700. Persons interested in status reports or information on environmental
impact statements or other elements of
the NEPA process, including the studies or other information the Commission may require on these projects, can
contact this office.

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[Order 689, 71 FR 69471, Dec. 1, 2006, as
amended by Order 756, 77 FR 4895, Feb. 1,
2012]

§ 380.9 Public availability of NEPA
documents and public notice of
NEPA related hearings and public
meetings.
(a)(1) The Commission will comply
with the requirements of 40 CFR 1506.6
of the regulations of the Council for
public involvement in NEPA.
(2) If an action has effects of primarily local concern, the Commission
may give additional notice in a Commission order.
(b) The Commission will make environmental impact statements, environmental assessments, the comments received, and any underlaying documents
available to the public pursuant to the
provisions of the Freedom of Information Act (5 U.S.C. 552 (1982)). The exclusion in the Freedom of Information Act
for interagency memoranda is not applicable where such memoranda transmit comments of Federal agencies on
the environmental impact of the proposed action. Such materials will be
made available to the public at the
Commission’s Public Reference Room
at 888 First Street NE., Room 2A,
Washington, DC 20426 at a fee and in
the manner described in Part 388 of
this chapter. A copy of an environmental impact statement or environmental assessment for hydroelectric

§ 380.10
projects may also be made available for
inspection at the Commission’s regional office for the region where the
proposed action is located.
[Order 486, 52 FR 47910, Dec. 17, 1987, as
amended by Order 603–A, 64 FR 54537, Oct. 7,
1999]

§ 380.10 Participation in Commission
proceedings.
(a) Intervention proceedings involving a
party or parties—1) Motion to intervene.
(i) In addition to submitting comments
on the NEPA process and NEPA related
documents, any person may file a motion to intervene in a Commission proceeding dealing with environmental
issues under the terms of § 385.214 of
this chapter. Any person who files a
motion to intervene on the basis of a
draft environmental impact statement
will be deemed to have filed a timely
motion, in accordance with § 385.214, as
long as the motion is filed within the
comment period for the draft environmental impact statement.
(ii) Any person that is granted intervention after petitioning becomes a
party to the proceeding and accepts the
record as developed by the parties as of
the time that intervention is granted.
(2)(i) Issues not set for trial-type hearing. An intervenor who takes a position
on any environmental issue that has
not yet been set for hearing must file a
timely motion with the Secretary containing an analysis of its position on
such issue and specifying any differences with the position of Commission staff or an applicant upon which
the intervenor wishes to be heard at a
hearing.
(ii) Issues set for trial-type hearing. (A)
Any intervenor that takes a position
on an environmental issue set for hearing may offer evidence for the record in
support of such position and otherwise
participate in accordance with the
Commission’s Rules of Practice and
Procedure. Any intervenor must specify any differences from the staff’s and
the applicant’s positions.
(B) To be considered, any facts or
opinions on an environmental issue set
for hearing must be admitted into evidence and made part of the record of
the proceeding.
(iii) Commission pre-filing activities
commenced under §§ 157.21 and 50.5 of

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