18 Cfr 380.7

Federal Energy Regulatory Commission
Power Act, unless excluded under
§ 380.4(a)(17); and
(12) Regulations or proposals for legislation not excluded 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.
[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]

§ 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 right-of-way in which
there is no existing natural gas pipeline; and
(4) Licenses under Part I of the Federal Power Act and Part 4 of this chapter
for
construction
of
any
unconstructed water power project.
(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 environ-

§ 380.8
mental 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]

§ 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
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, on hydroelectric projects, is the responsibility
of the Commission’s Office of Hydropower Licensing, 888 First Street NE.,
Washington, DC 20426, (202) 219–2700.
The preparation of environmental documents on natural gas projects is the
responsibility of the Commission’s Office of Pipeline Regulation, (202) 208–
0700, 888 First Street NE., Washington,
DC 20426. 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

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