Appendix 13: Federal Energy Regulatory Commission

AuthorNicholas C. Yost
Pages243-272
Federal Energy Regulatory Commission Regulations and Procedures (FERC Part 380) Page 243
18 CFR Pt. 380
Part 380—Regulations Implementing
the National Environmental Policy Act
Sec.
380.1 Purpose .
380.2 Defini tions and terminolog y.
380.3 Environ mental informat ion t o be suppl ied b y
an applican t.
380.4 Project s or actio ns ca tegoricall y excl uded.
380.5 Actions that requ ire a n env ironmental
assess ment.
380.6 Actions that requ ire a n env ironmental impac t
statem ent.
380.7 Format of an environmen tal i mpact
statem ent.
380.8 Preparat ion o f env ironmental docu ments.
380.9 Public avail ability of NEPA d ocuments and
public noti ce of NEPA relate d hea rings and
public meet ings.
380.10 Partici pation in Commission proce edings.
380.11 Environ mental decision making.
380.12 Environ mental reports for Natural Gas Act
applic ations .
380.13 Compli ance with the E ndangered Species Act.
380.14 Compli ance with the Na tional Historic
Preserv ation Act.
380.15 Siting and mainte nance requireme nts.
380.16 Environ mental reports for sectio n 216 Feder al
Power Act Permits.
Appendi x A to Part 380—Minim um Fili ng
Require ments for Environmen tal Re ports
Under the Natural Gas Act
Authority:
42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3
CFR 1978 Comp., p. 142.
Source:
Order 486, 52 FR 47910, Dec. 17, 1987, unless other-
wise noted.
§380.1 Purpose.
e regulations in t his part implement the Federal
Energy Regu latory Commission’s procedures under the
National Environmental Policy Ac t of 1969 (NEPA).
ese regulations supplement the reg ulations of the
Council on Environmental Qu ality, 40 CFR parts
1500 through 1508. e Commission will comply
with the regulat ions of the Council on Envi ronmental
Quality exc ept where those regul ations are inconsistent
with the statutory requ irements of the Commission.
[Order 486, 52 FR 47910, Dec. 17, 1987, as amended
by Order 756, 77 FR 4895, Feb. 1, 2012]
§380.2 Def‌initions and terminology.
For purposes of this pa rt—
(a) Categorical exclusion means a c ategory of actions
described in § 380.4, which do not individu ally or
cumulatively have a signi cant eect on the human
environment and which the Comm ission has found to
have no such eect and for which, t herefore, neither
an environmental as sessment nor an environmental
impact statement is required. e C ommission may
decide to prepare environmental a ssessments for the
reasons stated in § 380.4(b).
(b) Commission means the Federa l Energy Regulatory
Commission.
(c) Council means the Council on Envi ronmental
Quality.
(d) Environmental assessment mea ns a concise public
document for which the Commis sion is responsible
that serves to:
(1) Briey provide sucient evidence and analysis for
determining whet her to prepare an environmenta l
impact statement or a nding of no signi cant impact.
(2) Aid the Commission’s compliance with NEPA
when no environmental impact state ment is necessar y.
(3) Facilitate preparation of a statement when one is
necessar y. Environmental asses sments must include
brief discussions of the need for t he proposal, of alter-
natives as required by sec tion 102(2)(E) of NEPA, of
the environmental impact s of the proposed action
and alternatives, a nd a listing of agencies and persons
consulted.
(e) Environmental impact statement (EIS) means
a detailed written s tatement as required by section
102(2)(C) of NEPA. DEIS means a dra ft EIS and FEIS
means a nal E IS.
(f) Environmenta l report or ER means that part of
an application submitted to the Com mission by an
applicant for authorization of a proposed act ion which
includes information concerni ng the environment, the
applicant’s analysis of the environmenta l impact of the
action, or alternatives to the ac tion required by this or
other applicable statutes or regu lations.
(g) Finding of no signi cant impact (FONSI) means
a document by the Commission briey present ing
the reason why an action, not other wise excluded by
§380.4, will not have a signica nt eect on the human
environment and for which an environmenta l impact
statement therefore will not be prepared . It must
Page 244 NEPA Deskbook
include the environmental asse ssment or a summary
of it and must note other environmental documents
related to it. If the asses sment is included, the FONSI
need not repeat any of the discu ssion in the asse ssment
but may incorporate it by reference.
§380.3 Environmental information to be
supplied by an applicant.
(a) An applicant must submit information as fol lows:
(1) For any proposed action identied i n §§ 380.5 and
380.6, an environmental repor t with the proposal as
prescribed in parag raph (c) of this section.
(2) For any proposal not identied in paragr aph (a)
(1) of this section, any environmental information
that the Commis sion may determine is neces sary for
compliance with thes e regulations, the regulations of
the Council, NEPA and other Federal law s such as the
Endangered Species Ac t, the National Historic Preser-
vation Act or the Coasta l Zone Management Act.
(b) An applicant must also:
(1) Provide all nece ssary or relevant information to the
Commission;
(2) Conduct any studies that the C ommission sta 
considers necessar y or relevant to determine the impact
of the proposal on the human envi ronment and natu-
ral resources;
(3) Consult with appropriate Federal, regional, State,
and local agencie s during the pla nning stages of the
proposed action to ensure that a ll potential environ-
mental impacts are identi ed. (e specic require-
ments for consultation on hydropower projects are
contained in § 4.38 and § 16.8 of this ch apter and in
section 4(a) of the Electric Consumers Protect ion Act,
Pub. L. No. 99-495, 100 Stat. 1243, 1246 (1986));
(4) Submit applications for all Federal and State
approvals as early a s possible in the planning process;
and
(5) Notify the Commission st a of all other Federal
actions required for completion of the proposed act ion
so that the sta m ay coordinate with other interested
Federal agencies.
(c) Content of an applicant’s environmental report for
specic proposals —1) Hydropower projects. e infor-
mation required for specic project applicat ions under
part 4 or 16 of this chapter.
(2) Natural gas projects. (i) For any application led
under the Natural Ga s Act for any proposed action
identied in §§ 380.5 or 380.6, except for prior notice
lings under § 157.208, as described in § 380.5(b), the
information identied in § 380.12 and Appendix A of
this part.
(ii) For prior notice lings under § 157.208, the report
described by § 157.208(c)(11) of this chapter.
(3) Electric transmission project. For pre-l ing requests
and applications led under sec tion 216 of the Federal
Power Act identied 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 st ated in paragraph (b) of
this section, neither an envi ronmental ass essment nor
an environmental impac t statement will be prepared
for the following projects or actions:
(1) Procedural, ministerial, or internal a dministra-
tive and management ac tions, programs, or decisions,
including procurement, contract ing, personnel actions,
correction or claric ation of lings or orders, and
acceptance, reject ion and dismis sal of lings;
(2)(i) Reports or recommendations on legislation not
initiated by the Commis sion, and
(ii) Proposals for legislation and promulgat ion of rules
that are clari fying, corrective, or procedura l, or that
do not substantially c hange the eect of legislation or
regulations being a mended;
(3) Compliance and review act ions, including invest i-
gations (jurisdict ional or otherwi se), conferences, hear-
ings, notices of probable violation, show cause orders,
and adjustments under section 502(c) of the Natural
Gas Policy Act of 1978 (NGPA);
(4) Review of grants or denia ls by the Department of
Energy (DOE) of any adjustment request, a nd review
of contested remedial orders issue d by DOE;
(5) Information gathering, a nalysis, and dissemination;
(6) Conceptual or fea sibility studie s;
(7) Actions concerning t he reservation and classica-
tion of United States lands as water power sites a nd
other actions under section 24 of the Federa l Power
Act;

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