96-17286. National Environmental Policy Act Implementing Procedures  

  • [Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
    [Proposed Rules]
    [Pages 35990-35991]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17286]
    
    
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    DEPARTMENT OF ENERGY
    
    10 CFR Part 1021
    
    RIN 1901-AA67
    
    
    National Environmental Policy Act Implementing Procedures
    
    AGENCY: Department of Energy.
    
    ACTION: Proposed rule; limited reopening of the comment period.
    
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    SUMMARY: This Notice announces a limited reopening of the comment 
    period with respect to the proposed rule on implementation of the 
    National Environmental Policy Act (NEPA). DOE has decided to solicit 
    further input on certain proposed amendments that pertain primarily to 
    Federal power marketing activities. In a related document published 
    elsewhere in this issue, DOE is publishing final amendments to 10 CFR 
    1021 not affected by this limited reopening of the comment period.
    
    DATES: The limited reopening of the comment period will end August 8, 
    1996. Comments must be received by that date to ensure consideration. 
    Late comments will be considered to the extent practicable.
    
    ADDRESSES: Comments should be addressed to Carol M. Borgstrom, 
    Director, Office of NEPA Policy and Assistance, EH-42, U.S. Department 
    of Energy, 1000 Independence Avenue, S.W., Washington, D.C. 20585-0119. 
    Comments may be hand-delivered to room 3E-080 at the Forrestal Building 
    on workdays between the hours of 8:00 a.m. and 4:30 p.m. Comments may 
    also be sent by facsimile to (202) 586-7031 or by electronic mail to 
    the following Internet address: neparule@spok.eh.doe.gov. All comments 
    will be available for public inspection at the U.S. Department of 
    Energy Freedom of Information Reading room, 1E-110 Forrestal Building, 
    1000 Independence Avenue S.W., Washington, D.C. 20585-0119, phone (202) 
    586-6020.
    
    FOR FURTHER INFORMATION CONTACT:
    John Pulliam, Office of NEPA Policy and Assistance, at the above 
    address, or telephone (202) 586-4600 or leave a message at (800) 472-
    2756.
    
    SUPPLEMENTARY INFORMATION: On February 20, 1996 (61 FR 6414), the 
    Department of Energy (DOE) published a Notice of Proposed Rulemaking to 
    amend its implementing procedures under the National Environmental 
    Policy Act (NEPA) (10 CFR part 1021). Publication of the proposed 
    rulemaking began a 45-day public comment period that originally ended 
    on April 5, 1996.
    
    [[Page 35991]]
    
    In response to public requests, the comment period was reopened on 
    April 19 and extended until May 10, 1996. A public hearing was also 
    held in Washington, D.C. on May 6, 1996. DOE has decided to solicit 
    further input, especially from state and Federal agencies that have 
    responsibility for environmental review of comparable non-Federal 
    utility projects in the Pacific Northwest, on the following proposed 
    amendments to Subpart D, typical Classes of Action primarily affecting 
    power marketing activities: B4.1, Contracts/marketing plans/policies 
    for excess electric power; B4.2, Export of electric energy; B4.3, 
    Electric power marketing rate changes; B4.6, Additions/modifications to 
    electric power transmission facilities within previously developed 
    area; B4.10, Deactivation, dismantling and removal of electric 
    powerlines and substations; B4.11, Construction or modification of 
    electric power substations; B4.12, Construction of electric powerlines 
    (generally less than 10 miles in length), not integrating major new 
    sources; B4.13, Reconstruction and minor relocation of existing 
    electric powerlines (generally less than 20 miles in length); C4, 
    Upgrading and constructing electric powerlines; C7, Allocation of 
    electric power, no major new generation resource/major changes in 
    operation of generation resources/major new loads; and D7, Allocation 
    of electric power, major new generation resources/major changes in 
    operation of generation resources/major loads. DOE is reopening the 
    comment period on these proposed amendments only. The final rule on all 
    of the proposed amendments other than those that pertain to power 
    marketing activities is being published separately.
        In response to a request, DOE is providing further clarification of 
    the rationale for two of the proposed amendments: B4.1, Contracts/
    marketing plans/policies for excess electric power, and B4.3, Electric 
    power marketing rate changes. For ease of comparison, the current B4.1 
    and B4.3 as they now appear in the DOE NEPA regulations (57 FR 15122, 
    1992) are reprinted below, followed by the amended language from the 
    February 1996 proposed rule, and the clarified rationale for the 
    amendment.
    
    Current B4.1
    
        Establishment and implementation of short-term contracts, marketing 
    plans, policies, annual operating plans, allocation plans or 
    acquisition of excess power, the terms of any of which do not exceed 
    five years and would not cause changes in the normal operating limits 
    of generating projects, and if transmission would occur over existing 
    transmission systems.
    
    Proposed B4.1
    
        Establishment and implementation of contracts, marketing plans, 
    policies, allocation plans or acquisition of excess electric power that 
    does not involve: (1) The integration of a new generation resource, (2) 
    physical changes in the transmission system beyond the previously 
    developed facility area, unless the changes are themselves 
    categorically excluded, or (3) changes in the normal operating limits 
    of generation resources.
    
    Rationale for Amendment
    
        The existing five-year term limit was proposed for elimination from 
    this categorical exclusion because past experience has demonstrated 
    that the mere length of a contract, policy, or plan does not have the 
    potential for environmental impacts. Rather, the development or 
    integration of new generating resources, changes in the operation of 
    existing generation resources, or construction of transmission 
    facilities, are the types of activities that have shown the potential 
    for environmental impacts. By not allowing these changes in generation, 
    operation or transmission, the proposed categorical exclusion would 
    ensure that only those actions which have no potential for 
    environmental impact would be categorically excluded. Those contracts, 
    plans, and policies that do not satisfy the proposed criteria would 
    require further NEPA analysis to ascertain the associated environmental 
    impacts.
    
    Current B4.3
    
        Changes in rates for electric power, power transmission, and other 
    products or services provided by a Power Marketing Administration that 
    are based on a change in revenue requirements that does not exceed the 
    change in the overall price level in the economy (inflation), as 
    measured by the GNP fixed weight price index published by the 
    Department of Commerce, during the period since the last rate 
    adjustment for that product or service or, if the rate change does 
    exceed the change in the GNP fixed weight price index, the rate change 
    would have no potential for affecting the operation of power generation 
    resources.
    
    Proposed B4.3
    
        Changes in rates for electric power, power transmission, and other 
    products or services provided by a Power Marketing Administration that 
    are based on a change in revenue requirements if the operations of 
    generation projects would remain within the normal operating limits.
    
    Rationale for Amendment
    
        The proposed change would eliminate the existing restriction that, 
    in order to be categorically excluded, a proposed rate change must not 
    exceed the rate of inflation, a condition that DOE has found is not 
    relevant to the action's potential for environmental impacts. Any 
    environmental impacts resulting from rate changes would be caused only 
    if the rate change involved associated changes in generation resources. 
    This categorical exclusion would only apply to those rate changes that 
    would not affect the operation of generation projects. Those rate 
    changes that could affect the operation of generation projects would 
    require further NEPA analysis.
    
        Issued in Washington, D.C., June 28, 1996.
    Tara O'Toole,
    Assistant Secretary, Environment, Safety and Health.
    [FR Doc. 96-17286 Filed 7-8-96; 8:45 am]
    BILLING CODE 6450-01-M
    
    
    

Document Information

Published:
07/09/1996
Department:
Energy Department
Entry Type:
Proposed Rule
Action:
Proposed rule; limited reopening of the comment period.
Document Number:
96-17286
Dates:
The limited reopening of the comment period will end August 8, 1996. Comments must be received by that date to ensure consideration. Late comments will be considered to the extent practicable.
Pages:
35990-35991 (2 pages)
RINs:
1901-AA67: Amendments to NEPA Regulations
RIN Links:
https://www.federalregister.gov/regulations/1901-AA67/amendments-to-nepa-regulations
PDF File:
96-17286.pdf
CFR: (1)
10 CFR 1021