94-9458. Intent To Authorize Third Party Contractors To Prepare Environmental Assessments and Environmental Impact Statements

[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9458]


[[Page Unknown]]

[Federal Register: April 20, 1994]


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DEPARTMENT OF ENERGY
 

Intent To Authorize Third Party Contractors To Prepare 
Environmental Assessments and Environmental Impact Statements

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
implementing its authority to undertake environmental review of 
pipeline certificate and hydroelectric license applications through the 
use of third party contracting. Third party contracting is a voluntary 
arrangement between an applicant and an environmental contractor in 
which the applicant pays the contractor to develop, under the 
Commission's control, environmental analyses, including Environmental 
Assessments and Environmental Impact Statements, necessary for 
compliance with the National Environmental Policy Act of 1969.

DATES: This notice is effective April 14, 1994.

FOR FURTHER INFORMATION CONTACT:
Randolph E. Mathura, Office of Pipeline Regulation, Federal Energy 
Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 
20426, [phone].
Thomas E. DeWitt, Office of Hydropower Licensing, Federal Energy 
Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 
20426, [phone].

SUPPLEMENTARY INFORMATION: In addition to publishing the full text of 
this document in the Federal Register, the Commission also provides all 
interested persons an opportunity to inspect or copy the contents of 
this document during normal business hours in room 3104, 941 North 
Capitol Street, NE., Washington, DC 20426.
    The Commission Issuance Posting System (CIPS), an electronic 
bulletin board service, provides access to the texts of formal 
documents issued by the Commission. CIPS is available at no charge to 
the user and may be accessed using a personal computer with a modem by 
dialing [phone]. To access CIPS, set your communications 
software to use 300, 1200, or 2400 bps, full duplex, no parity, 8 data 
bits, and 1 stop bit. CIPS also can be accessed at 9600 bps by dialing 
[phone]. The full text of this notice will be available on CIPS 
for 30 days from the date of issuance. The complete text on diskette in 
WordPerfect format also may be purchased from the Commission's copy 
contractor, La Dorn Systems Corporation, also located in room 3104, 941 
North Capitol Street, NE., Washington, DC 20426.

Issued April 14, 1994.

    The Federal Energy Regulatory Commission (Commission) is 
implementing its authority to undertake environmental review of 
pipeline certificate and hydroelectric license applications through the 
use of third party contracting. Third party contracting is a voluntary 
arrangement between an applicant and an environmental contractor in 
which the applicant pays the contractor to develop, under the 
Commission's control, environmental analyses, including Environmental 
Assessments and Environmental Impact Statements, necessary for 
compliance with the National Environmental Policy Act of 1969.
    The Council on Environmental Quality's (CEQ's) regulations impose 
three requirements for third party contracting procedures:
    (1) The lead Federal agency must make the ultimate selection of the 
contractor;
    (2) Federal officials must furnish guidance and participate in the 
preparation of the environmental report and must independently evaluate 
the report prior to approval as well as take responsibility for the 
report's scope and contents; and
    (3) The environmental contractor may not have a financial or other 
interest in the outcome of the proposed project. 40 CFR 1506.5(a) and 
1506.5(c).
    On March 25, 1994, the Commission advertised in the Commerce 
Business Daily (CBD) for qualified environmental contractors to prepare 
environmental assessments and environmental impact statements. The 
third party contracts will be issued by the owners of hydropower or 
pipeline facilities (as applicants to the Commission) to independent 
contractors. The third party contracting process, including the third 
party contractor's work product, will be produced under the 
Commission's control and subject to the Commission's oversight.
    For third party contracting opportunities related to applications 
filed by interstate pipelines, potential third party environmental 
contractors should contact interstate pipeline owners directly. The 
Commission will not maintain a central bidders' list for pipelines. The 
Commission notices applications for the construction of pipeline 
projects in the Federal Register. The notices also are available 
through the Commission Issuance Posting System.
    For third party contracting opportunities related to hydropower 
licensing, the Commission maintains a third party contractor bidders' 
list resulting from the CBD notice published May 4, 1993.
    Both the Office of Pipeline Regulation and the Office of Hydropower 
Licensing will produce handbooks in the near future to answer third 
party contracting questions.
Lois D. Cashell,
Secretary.
[FR Doc. 94-9458 Filed 4-19-94; 8:45 am]
BILLING CODE 6717-01-P