§ 1.1319 - Consideration of the environmental impact statements.

§ 1.1319 Consideration of the environmental impact statements.

Cross Reference

Link to an amendment published at 85 FR 63183, Oct. 6, 2020.

(a) If the action is subject to a designated for hearing:

(1) In rendering his an initial decision, the Administrative Law Judge shall utilize presiding officer (other than the Commission) shall use the FEIS in considering the environmental issues, together with all other non-environmental issues. In a comparative context, the respective parties shall be afforded the opportunity to comment on the FEIS, and the Administrative Law Judge's decision shall contain an evaluation of the respective applications based on environmental and non-environmental public interest factors.

(2) Upon (2) When the Commission serves as the presiding officer or upon its review of an initial decision, the Commission will consider and assess all aspects of the FEIS and will render its decision, giving due consideration to the environmental and nonenvironmental issues.

(b) In all non-hearing matters, the Commission, as part of its decision-making process, will review the FEIS, along with other relevant issues, to ensure that the environmental effects are specifically assessed and given comprehensive consideration.

[51 FR 15000, Apr. 22, 1986, as amended at 62 FR 4171, Jan. 29, 1997; 85 FR 63183, Oct. 6, 2020]