16 U.S.C. § 797d : US Code - Section 797D: Third party contracting by FERC

Search 16 U.S.C. § 797d : US Code - Section 797D: Third party contracting by FERC

(a) Environmental impact statements
Where the Federal Energy Regulatory Commission is required to
prepare a draft or final environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 and
following) in connection with an application for a license under
part I of the Federal Power Act [16 U.S.C. 791a et seq.], the
Commission may permit, at the election of the applicant, a
contractor, consultant or other person funded by the applicant and
chosen by the Commission from among a list of such individuals or
companies determined by the Commission to be qualified to do such
work, to prepare such statement for the Commission. The contractor
shall execute a disclosure statement prepared by the Commission
specifying that it has no financial or other interest in the
outcome of the project. The Commission shall establish the scope of
work and procedures to assure that the contractor, consultant or
other person has no financial or other potential conflict of
interest in the outcome of the proceeding. Nothing herein shall
affect the Commission's responsibility to comply with the National
Environmental Policy Act of 1969.
(b) Environmental assessments
Where an environmental assessment is required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 and following) in
connection with an application for a license under part I of the
Federal Power Act [16 U.S.C. 791a et seq.], the Commission may
permit an applicant, or a contractor, consultant or other person
selected by the applicant, to prepare such environmental
assessment. The Commission shall institute procedures, including
pre-application consultations, to advise potential applicants of
studies or other information foreseeably required by the
Commission. The Commission may allow the filing of such applicant-
prepared environmental assessments as part of the application.
Nothing herein shall affect the Commission's responsibility to
comply with the National Environmental Policy Act of 1969.
(c) Effective date
This section shall take effect with respect to license
applications filed after October 24, 1992.