Docket Nos. RM26-7-000 & CX26-1-000

The Federal Energy Regulatory Commission voted unanimously today to streamline its National Environmental Policy Act (NEPA) review for water power actions, that have minimal or no impacts to the environment, to provide greater efficiency and regulatory certainty to regulated industries.

"By cutting unnecessary red tape, we are accelerating the decision-making processes and allowing applicants to get the answers they need quickly and efficiently, all while ensuring we meet our statutory obligations under NEPA," Chairman Laura V. Swett said.

Congress has empowered federal agencies to determine, in advance, that certain actions generally do not significantly affect the quality of the human environment. For these types of actions, known as Categorical Exclusions, an Environmental Assessment or Environmental Impact Statement is unnecessary.

In the first of two orders, a Notice of Proposed Rulemaking (NOPR), the Commission is proposing to amend its NEPA regulations to expand a Categorical Exclusion to include terminations or revocations of hydropower licenses and exemptions that involve minimal or no ground-disturbing activities and minor or no alterations to reservoir conditions and downstream flows. Streamlining the process for these actions will enable staff to process cases more quickly and focus on other actions that have a higher potential to impact the environment.

In a second order, the Commission adopts five of the Tennessee Valley Authority's existing Categorical Exclusions that will streamline actions to build, maintain, or improve electric transmission infrastructure, aboveground buildings, infrastructure systems, plant equipment, and facility grounds at water power projects. Commission staff will continue to examine other agencies' Categorical Exclusions for potential adoption by the Commission.

Interested parties have 30 days from the date the NOPR is published in the Federal Register to provide comments.