[Federal Register Volume 61, Number 236 (Friday, December 6, 1996)]
[Rules and Regulations]
[Pages 64603-64609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31064]
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DEPARTMENT OF ENERGY
10 CFR Part 1021
RIN 1901-AA67
National Environmental Policy Act Implementing Procedures
AGENCY: Department of Energy.
[[Page 64604]]
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE or the Department) is amending
its regulations governing compliance with the National Environmental
Policy Act (NEPA). These amendments incorporate changes primarily
related to DOE's power marketing activities, based on DOE's experience
in applying the current NEPA regulations. The revised regulations are
intended to improve DOE's efficiency in implementing NEPA requirements
by reducing costs and preparation time, while maintaining quality,
consistent with the DOE Secretarial Policy Statement on NEPA issued in
June 1994.
EFFECTIVE DATE: This rule will become effective January 6, 1997.
FOR FURTHER INFORMATION CONTACT: Carol Borgstrom, Director, Office of
NEPA Policy and Assistance, EH-42, U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585-0119, (202) 586-4600 or
leave a message at (800) 472-2756.
SUPPLEMENTARY INFORMATION:
I. Background
The National Environmental Policy Act of 1969 (42 USC 4321 et seq.)
requires that Federal agencies prepare environmental impact statements
for major Federal actions that may ``significantly affect the quality
of the human environment.'' NEPA also created the President's Council
on Environmental Quality (CEQ), which issued regulations in 1978
implementing the procedural provisions of NEPA. Among other
requirements, the CEQ NEPA regulations (40 CFR Parts 1500-1508) require
Federal agencies to adopt their own implementing procedures to
supplement the Council's regulations. DOE's NEPA implementing
regulations were promulgated in 1992 (57 FR 15122, April 24, 1992) and
are codified at 10 CFR Part 1021.
On February 20, 1996, DOE published a proposed rulemaking to revise
the 1992 NEPA implementing regulations (61 FR 6414). Publication of the
Notice of Proposed Rulemaking began a 45-day public comment period that
originally ended on April 5, 1996. In response to requests, the comment
period was subsequently reopened on April 19, 1996 (61 FR 17257), and
extended until May 10, 1996. As part of the notice and comment process
and also in response to requests, DOE held a public hearing on the
proposed amendments on May 6, 1996. The final rule on all of the
proposed amendments, other than those that pertain to power marketing
activities, was published on July 9, 1996 (61 FR 36222). Regarding the
power marketing activities, DOE 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. Therefore, in the same issue of the Federal Register
as noted above (July 9, 1996), DOE published a notice of limited
reopening of the comment period on the following proposed amendments to
Subpart D--Typical Classes of Actions, which primarily affect power
marketing activities: B4.1-B4.3, B4.6, B4.10-B4.13, C4, C7, and D7 (61
FR 35990). In response to a request, DOE also provided 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. The comment period was
extended until August 8, 1996.
Copies of all written comments and the transcript of the public
hearing held on May 6, 1996, have been provided to CEQ and are
available for public inspection at the DOE Freedom of Information
Reading Room, Room 1E-190, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585, (202) 586-6020.
The following amendments relating primarily to power marketing
activities revise subpart D of the existing regulations by expanding or
clarifying existing classes of actions. This final rule adopts the
amendments proposed in the Notice of Proposed Rulemaking for the power
marketing classes of actions listed above, with certain changes
discussed below, and amends the existing regulations at 10 CFR Part
1021. Copies of the final amendments to the rule are available upon
request from the information contact listed above.
In accordance with the CEQ NEPA regulations, 40 CFR 1507.3, DOE has
consulted with CEQ regarding these final amendments to the DOE NEPA
rule. CEQ has found that the amendments conform with NEPA and the CEQ
regulations and has no objection to their promulgation.
II. Statement of Purpose
The amendments to the DOE NEPA regulations are intended to improve
the efficiency of DOE's implementation of NEPA by expanding or
clarifying certain classes of actions, primarily related to power
marketing activities, thereby reducing implementation costs and time.
This goal is consistent with the DOE Secretarial Policy Statement on
NEPA (June 1994), which encourages actions to streamline the NEPA
process without sacrificing quality and to make the process more useful
to decision makers and the public. Full compliance with the letter and
spirit of NEPA is an essential priority for DOE. In addition, DOE's
experience in applying the DOE NEPA regulations since they were issued
in 1992 suggested the need for DOE to make changes to its NEPA
regulations.
III. Comments Received and DOE's Responses
DOE has considered and evaluated the comments on the proposed
rulemaking concerning power marketing activities received during the
public comment periods. Minor revisions suggested in these comments
have been incorporated into the final amendments to the rule. The
following discussion describes the comments received, provides DOE's
responses to the comments, and describes any resulting changes to the
proposed amendments. Section references and headings below are
identical to those in the proposed amendments.
A. Procedural Comments
One commenter requested that no action be taken to adopt any of the
proposed power marketing administration amendments until additional
information could be obtained from relevant state and Federal agencies
(e.g., state environmental review procedures for comparable non-federal
utility projects). In response, the final rule published on July 9,
1996 (61 FR 36222) excluded the proposed amendments pertaining
primarily to power marketing activities, and the comment period for the
proposed amendments pertaining to power marketing activities was
reopened from July 9, 1996 through August 8, 1996 (61 FR 35990, July 9,
1996). As explained below, DOE received one set of new comments during
this reopened comment period.
B. Comments on Appendices of Subpart D--Typical Classes of Actions
Two commenters objected to several categorical exclusions (B4.1,
B4.10-B4.13) on the grounds of cumulative effects, connected actions,
or extraordinary circumstances. Another commenter objected to a number
of categorical exclusions (B4.1, B4.2, B4.6, B4.10-B4.13) on the
grounds that they appear to expand substantially the universe of power
marketing administration actions that would no longer require an
environmental impact statement or perhaps an environmental assessment.
[[Page 64605]]
Under the current regulations, before a proposed action may be
categorically excluded, DOE must determine in accordance with
Sec. 1021.410(b) that: (1) The proposed action fits within a class of
actions listed in appendix A or B to subpart D; (2) there are no
extraordinary circumstances related to the proposal that may affect the
significance of the environmental effects of the action; and (3) there
are no connected or related actions with cumulatively significant
impacts and, where appropriate, the proposed action is a permissible
interim action. In addition, to fit within a class of actions that is
normally categorically excluded under appendix B, a proposed action
must include certain integral elements (appendix B, paragraphs B(1)
through (4)). These conditions are intended to ensure that an excluded
action will not threaten a violation of applicable requirements,
require siting and construction of waste management facilities, disturb
hazardous substances such that there would be uncontrolled or
unpermitted releases, or adversely affect environmentally sensitive
resources. DOE believes that the general restrictions on the
application of categorical exclusions will provide adequate safeguards
to ensure that they are not applied to activities that could result in
significant effects. For actions that do not satisfy these conditions,
an environmental impact statement or an environmental assessment would
be prepared. DOE believes that it will serve environmental concerns and
the public's interest best by focusing its efforts on the careful
analysis of those actions that actually have the potential for
significant impact.
Finally, after considering all public comments on the proposed
amendments, DOE has determined that the final amendments to appendix B
constitute classes of actions that do not individually or cumulatively
have a significant effect on the human environment, and are covered by
a finding to that effect in Section 1021.410(a). In making this
finding, DOE has considered, among other things, its own experience
with these classes of actions, other agencies' experience as reflected
in their NEPA procedures, DOE's technical judgment, and the comments
received on the proposed amendments.
Classes of Actions Listed in Appendix B
Proposed Clarification B4.1--Contracts/marketing plans/
policies for excess electric power.
One commenter requested explanation of the rationale for the
proposed clarification of B4.1. The existing categorical exclusion is
for the establishment and implementation of contracts, plans, and
policies, the terms of which do not exceed five years, would not cause
changes in normal operating limits, and any related transmission would
occur over existing transmission systems. The existing five-year term
limit was proposed for elimination from this categorical exclusion
because 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
including these changes in generation, operation or transmission, the
categorical exclusion ensures that only those actions that have no
potential for environmental impact would be categorically excluded.
Those contracts, plans, and policies that do not fit within this
categorical exclusion would require further NEPA analysis to ascertain
the associated environmental impacts.
Proposed Modification B4.2--Export of electric energy.
DOE proposed to modify the existing categorical exclusion for the
export of electric energy over existing transmission systems to also
apply to exports over transmission system changes that are themselves
categorically excluded (e.g., short powerline segments, substations).
One commenter stated that DOE should consider the social and economic
impacts on U.S. utility ratepayers caused by selling power to foreign
countries. DOE believes that the potential for physical impacts of such
a proposed action are very slight and notes that socioeconomic impacts
alone do not require the preparation of an environmental impact
statement (40 CFR 1508.14).
Proposed Modification B4.3--Electric power marketing rate
changes.
The proposed modification 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 the operation of
generation resources. Therefore, this categorical exclusion would only
apply to those rate changes that would not affect the operation of
generation projects. The term ``changes in rates,'' as in the proposed
rule, was changed to ``rate changes'' to be consistent with C3.
One commenter expressed concern regarding the economic impact to
domestic utility customers of allowing electric power marketing rate
changes to be raised more than the rate of inflation, and of the
unrestrained sale of electricity to the highest bidder, whether foreign
or domestic. Federal Power Marketing Administrations market their power
resources at cost. Existing law prevents Federal electric power from
being sold at a profit, and further prohibits customers from reselling
Federal power for profit. Federal Power Marketing Administrations are
not allowed to sell power to the highest bidder, but rather must
recover all costs associated with the power. DOE believes that there is
no potential for environmental impacts from rate changes based on
revenue requirements where, as the categorical exclusion requires, the
operations of generation projects would remain within normal operating
limits.
Proposed Modification B4.10--Deactivation, dismantling and
removal of electric powerlines and substations.
DOE proposed to add deactivation to the categorical exclusion for
dismantling and removal of transmission lines and to add substations,
switching stations and other transmission facilities. One commenter
suggested that this categorical exclusion applies to deactivation of
power plants and that such actions should include public participation.
Deactivation under this categorical exclusion, however, would not apply
to power plants, but only to transmission facilities.
Proposed Modification B4.11--Construction or modification
of electric power substations.
Proposed Modification B4.12--Construction of electric
powerlines (generally less than 10 miles in length), not integrating
major new sources.
Proposed Modification B4.13--Reconstruction and minor
relocation of existing electric powerlines (generally less than 20
miles in length).
The proposed amendments include: (1) expanding categorically
excluded modification activities to substations of any voltage,
provided that the modification does not increase the existing voltage
(B4.11); (2) expanding the construction of tap lines to include all
electric powerlines not integrating major new sources (B4.12); and (3)
increasing the length of powerlines that can be reconstructed from 10
miles to 20 miles (B4.13).
One commenter noted correctly that the word ``generally'' as
applied to the
[[Page 64606]]
length of electric powerlines in proposed modifications to B4.11 could
allow the class of actions to be applied to proposed actions that would
otherwise not even approximately fit the definition. Second, commenters
questioned the justification for the specific quantity values chosen
and even whether any specific value could be justified.
DOE's intention with respect to both issues is better expressed by
the concept of ``approximately'' rather than ``generally,'' and the
class of actions in the final rule has been changed accordingly. By
using ``approximately,'' DOE is indicating that the numerical values
used in defining the class of actions are to be interpreted flexibly
rather than with unwarranted precision. DOE has also changed the
phrases in B4.11 and B4.12 to be consistent in wording. In addition,
for consistency DOE has changed the phrase ``major new resource'' in
B4.11 and ``major new sources of generation into a main transmission
system'' in B4.12, as in the proposed rule, to read ``major new
generation resources into a main transmission system'' in both B4.11
and B4.12.
Two commenters stated that the proposed modifications to these
three categorical exclusions would exempt a wide array of power
marketing administration electric power transmission line construction,
reconstruction and/or relocation from the requirements of an
environmental assessment or environmental impact statement, possibly
resulting in a lower standard of environmental review than is imposed
by relevant state agencies, on comparable projects undertaken by non-
federal utilities, or those imposed by other Federal agencies on non-
federal entities, or even those adopted by other Federal agencies for
their own actions. In response to this concern, in conjunction with the
second reopened comment period, DOE asked the appropriate state
agencies for their views on the proposed modifications to the classes
of actions primarily related to power marketing, and on how the
environmental review that would result for Federal power marketing
administration projects would compare with the review those state
agencies require for comparable non-federal utility projects.
Similarly, the Department solicited the views of other Federal agencies
that may engage in comparable activities or issue permits to non-
federal entities conducting comparable activities.
Of the states and Federal agencies that DOE contacted, one
commenter responded to this initiative. The commenter was concerned
about exempting facilities of this magnitude from meaningful
environmental review given the level of controversy and the potential
environmental consequences typically associated with the construction
of new transmission lines. In response to this general concern
regarding environmental review, DOE notes that the exemption could only
be applied if there were no extraordinary circumstances, connected
actions with cumulatively significant impacts, or violation of the
integral elements, as discussed above under Section III.B. For example,
any proposed action with potential impacts on a sensitive resource, or
involving scientific controversy about the environmental effects of the
proposal would constitute a violation of the integral elements or
extraordinary circumstances and thus would not be categorically
excluded. Similarly, if the electric powerline or substation was ``a
connected action'' with regard to a facility not covered by a
categorical exclusion (such as a power plant), the appropriate level of
NEPA review would be conducted, i.e., environmental assessment or
environmental impact statement. Therefore, the expansion of these
categorical exclusions will not reduce the meaningful environmental
review of Federal proposals with significant controversy or potential
environmental consequences, as compared to non-federal proposals.
This commenter previously provided a similar comment regarding
specific concerns about all three proposed modifications stemming, in
part, from the nature of the transmission grid owned and operated by
the Bonneville Power Administration (BPA) in the Pacific Northwest. The
commenter noted that, unlike other Federal Power Marketing
Administrations, BPA is the predominant owner and operator of major
transmission lines in the Pacific Northwest. Because of the ubiquity of
BPA's lines in this area, the commenter stated that the proposed
categorical exclusions could permit BPA to build substantial facilities
in the Northwest, including facilities in major metropolitan areas,
without being subject to meaningful environmental scrutiny. For the
reasons stated immediately above, DOE does not believe that the
circumstance described in the comment could occur.
The commenter suggested that these proposed amendments to the 1992
DOE NEPA regulations would supplant a Memorandum of Understanding (MOU)
between the commenter and BPA. The NEPA regulations have no effect on
the MOU; it remains in effect as agreed upon by the two parties. The
commenter also incorrectly implied that the proposed categorical
exclusions are new. However, these categorical exclusions have existed
since 1992. Under B4.11, the proposal would allow the modification of
substations at any voltage, as opposed to those at a power delivery of
230 kV, as long as there is no voltage increase. Under B4.12, the
proposal would allow the construction of any electric powerline, not
just ``tap'' lines. Under B4.13, the length of existing electric
powerlines that could be reconstructed would be increased from 10 to 20
miles. DOE notes, however, that this reconstruction and/or minor
relocation under B4.13 is only for existing electric powerlines and
only to enhance environmental and land use values.
Classes of Actions Listed in Appendix C
Modification C3--Electric Power Marketing Rate Changes,
not Within Normal Operating Limits.
As discussed above in reference to exclusion B4.3, DOE has
determined that inflation is not relevant to an action's potential for
environmental impact. Consistent with that determination, and as a
necessary conforming change, DOE has modified paragraph C3 of Appendix
C. This modification bases the application of the class of actions on
the effect on the operation of generation projects, rather than on the
rate of inflation.
Proposed Modification C4--Upgrading and constructing
electric power lines.
There were no comments on the proposed modification to this class
of actions; however, to be consistent with language in categorical
exclusions B4.11, B4.12, and B4.13, DOE is changing ``powerline'' to
``powerlines'' and ``upgrading (reconstructing)'' to ``reconstructing
(upgrading and rebuilding).''
Proposed Modification C7--Allocation of electric power, no
major new generation resource/major changes in operation of generation
resources/major new loads.
DOE proposed amending this class of actions to be consistent with
B4.1 and D7 and to focus on market responses to the action rather than
the duration of the contract. One commenter expressed concern that DOE
was privatizing its energy resources. This class of actions does not
address privatization or sale of facilities, but rather the marketing
or allocation of power by the power marketing administrations and the
associated changes in generation resources, operating limits, or new
loads.
[[Page 64607]]
Classes of Actions Listed in Appendix D
Proposed Modification D7--Allocation of electric power,
major new generation resources/major changes in operation of power
generation resources/major loads.
DOE proposed amending this class of actions to be consistent with
B4.1 and C7 to focus on market responses to the change in allocation or
operation rather than duration of the underlying contract. One
commenter questioned the use of the word ``major,'' referencing ``Major
Projects'' as used in the previous C1 class of action which was removed
by the recent final rule (61 FR 36222). The word ``major'' in this
class of actions is used as an adjective with its normal usage, in this
case modifying the terms generation resources, changes, and loads.
IV. Procedural Review Requirements
A. Environmental Review Under the National Environmental Policy Act
These amendments to the DOE NEPA rule establish, modify, and
clarify procedures for considering the environmental effects of DOE
actions within the Department's decision making process. Implementation
of this rule will not affect the substantive requirements imposed on
DOE or on applicants for DOE licenses, permits, and financial
assistance, and this rule will not result in environmental impacts.
Therefore, DOE has determined that this rule is covered by the
categorical exclusion found at paragraph A6 of appendix A to subpart D,
10 CFR Part 1021, which applies to procedural rulemaking. Accordingly,
neither an environmental impact statement nor an environmental
assessment is required.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 USC 601 et seq.) requires that an
agency prepare an initial regulatory flexibility analysis to be
published at the time the proposed rule is published. This requirement
does not apply if the agency ``certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities'' (5 USC 603). The rule modifies existing policies
and procedural requirements for DOE compliance with NEPA. The rule
makes no substantive changes to requirements imposed on applicants for
DOE licenses, permits, financial assistance, and similar actions as
related to NEPA compliance. Therefore, DOE certifies that the rule will
not have a ``significant economic impact on a substantial number of
small entities.''
C. Review Under the Paperwork Reduction Act
No new information collection or recordkeeping requirements are
imposed by these amendments. Accordingly, no Office of Management and
Budget clearance is required under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
D. Review Under Executive Order 12612
Executive Order 12612, ``Federalism,'' 52 FR 41685 (October 30,
1987) requires that regulations be reviewed for Federalism effects on
the institutional interest of states and local governments, and, if the
effects are sufficiently substantial, preparation of a Federalism
assessment is required to assist senior policymakers. These amendments
will affect Federal NEPA compliance procedures, which are not subject
to state regulation. The amendments will not have any substantial
direct effects on states and local governments within the meaning of
the Executive Order. Therefore, no Federalism assessment is required.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, Section 3(a) of Executive Order 12988,
``Civil Justice Reform'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity, (2) write
regulations to minimize litigation, and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by Section 3(a), Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
Section 3(a) and Section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the final rule meets the relevant standards of Executive Order 12988.
F. Review Under Executive Order 12866
The final amendments were reviewed in accordance with Executive
Order 12866, ``Regulatory Planning and Review,'' 58 FR 51735 (October
4, 1993), which requires a Federal agency to prepare a regulatory
assessment, including the potential costs and benefits, of any
``significant regulatory action.'' The order defines ``significant
regulatory action'' as any regulatory action that may have an annual
effect on the economy of $100 million or more and may adversely affect
the economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments in a material
way; create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency; materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs;
or raise novel legal or policy issues arising out of legal mandates
(section 3(f)).
These amendments will modify already existing policies and
procedures for compliance with NEPA. The amendments contain no
substantive changes in the requirements imposed on applicants for a DOE
license, financial assistance, permit, or similar actions. Therefore,
DOE has determined that the incremental effect of these amendments to
the DOE NEPA regulations will not have the magnitude of effects on the
economy, or any other adverse effects, to bring this proposal within
the definition of a ``significant regulatory action.''
G. Review Under the Unfunded Mandates Reform Act
Under Section 205 of the Unfunded Mandates Reform Act of 1995 (2
USC 1533), Federal agencies are required to prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year. Because the DOE NEPA regulations
affect only DOE and do not create obligations on the part of any other
person or government agency, neither state, local or tribal governments
nor the private sector will be affected by amendments to these
regulations. Therefore, DOE has determined that further review under
the Unfunded Mandates Reform Act is not required.
[[Page 64608]]
H. Congressional Notification
The final regulations published today are subject to the
Congressional notification requirements of Small Business Regulatory
Enforcement Fairness Act of 1996 (Act) (5 USC 801). The Office of
Management and Budget has determined that the final regulations do not
constitute a ``major rule'' under the Act (5 USC 804). DOE will report
to Congress on the promulgation of the final regulations prior to the
effective date set forth at the beginning of this notice.
List of Subjects in 10 CFR Part 1021
Environmental impact statements.
Issued in Washington, D.C., November 27, 1996.
Peter N. Brush,
Principal Deputy Assistant Secretary, Environment, Safety and Health.
For reasons set out in the preamble, 10 CFR Part 1021 is amended as
follows:
PART 1021--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING
PROCEDURES
1. The authority citation for Part 1021 continues to read as
follows:
Authority: 42 U.S.C. 7254; 42 U.S.C. 4321 et seq.
2. Appendix B to Subpart D, is amended to revise the Table of
Contents entries for B4.1, B4.2, B4.3, B4.6, B4.10, B4.11, B4.12, and
B4.13 to read as follows:
Appendix B to Subpart D to Part 1021--Categorical Exclusions Applicable
to Specific Agency Actions
Table of Contents
* * * * *
B4.1 Contracts/marketing plans/policies for excess electric
power.
B4.2 Export of electric energy.
B4.3 Electric power marketing rate changes, within normal
operating limits.
* * * * *
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 approximately 10
miles in length or less, not integrating major new sources.
B4.13 Reconstruction and minor relocation of existing electric
powerlines approximately 20 miles in length or less.
3. Appendix B to Subpart D, section B4, is amended to revise
paragraphs B4.1, B4.2, B4.3, B4.6, B4.10, B4.11, B4.12 and B4.13, to
read as follows:
B4. Categorical Exclusions Applicable to Power Marketing
Administrations and to all of DOE with Regard to Power Resources.
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.
B4.2 Export of electric energy as provided by Section 202(e) of
the Federal Power Act over existing transmission systems or using
transmission system changes that are themselves categorically
excluded.
B4.3 Rate changes 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 normal
operating limits.
* * * * *
B4.6 Additions or modifications to electric power transmission
facilities that would not affect the environment beyond the
previously developed facility area including, but not limited to,
switchyard rock grounding upgrades, secondary containment projects,
paving projects, seismic upgrading, tower modifications, changing
insulators, and replacement of poles, circuit breakers, conductors,
transformers, and crossarms.
* * * * *
B4.10 Deactivation, dismantling, and removal of electric
powerlines, substations, switching stations, and other transmission
facilities, and right-of-way abandonment.
B4.11 Construction of electric power substations (including
switching stations and support facilities) with power delivery at
230 kV or below, or modification (other than voltage increases) of
existing substations and support facilities, that could involve the
construction of electric powerlines approximately 10 miles in length
or less, or relocation of existing electric powerlines approximately
20 miles in length or less, but not the integration of major new
generation resources into a main transmission system.
B4.12 Construction of electric powerlines approximately 10
miles in length or less that are not for the integration of major
new generation resources into a main transmission system.
B4.13 Reconstruction (upgrading or rebuilding) and/or minor
relocation of existing electric powerlines approximately 20 miles in
length or less to enhance environmental and land use values. Such
actions include relocations to avoid right-of-way encroachments,
resolve conflict with property development, accommodate road/highway
construction, allow for the construction of facilities such as
canals and pipelines, or reduce existing impacts to environmentally
sensitive areas.
4. Appendix C to Subpart D is amended to revise the Table of
Contents entries for C3, C4, and C7 to read as follows:
Appendix C to Subpart D to Part 1021--Classes of Actions That Normally
Require EAs But Not Necessarily EISs
Table of Contents
* * * * *
C3 Electric power marketing rate changes, not within normal
operating limits.
C4 Reconstructing and constructing electric powerlines.
* * * * *
C7 Allocation of electric power, no major new generation
resource/major changes in operation of generation resources/major
new loads.
* * * * *
5. Appendix C to Subpart D to Part 1021 is amended to revise
paragraphs C3, C4, and C7 to read as follows:
* * * * *
C3 Rate changes for electric power, power transmission, and
other products or services provided by Power Marketing
Administrations that are based on changes in revenue requirements if
the operations of generation projects would not remain within normal
operating limits.
C4 Reconstructing (upgrading or rebuilding) existing electric
powerlines more than approximately 20 miles in length or
constructing new electric powerlines more than approximately 10
miles in length.
* * * * *
C7 Establishment and implementation of contracts, policies,
marketing plans, or allocation plans for the allocation of electric
power that do not involve (1) the addition of new generation
resources greater than 50 average megawatts, (2) major changes in
the operating limits of generation resources greater than 50 average
megawatts, or (3) service to discrete new loads of 10 average
megawatts or more over a 12 month period. This applies to power
marketing operations and to siting, construction, and operation of
power generating facilities at DOE sites.
* * * * *
6. Appendix D to Subpart D is amended to revise the Table of
Contents entry for D7 to read as follows:
Appendix D to Subpart D to Part 1021--Classes of Actions That Normally
Require EISs
Table of Contents
* * * * *
D7 Allocation of electric power, major new generation
resources/major changes in operation of generation resources/major
loads.
* * * * *
7. Appendix D to Subpart D to Part 1021 is amended to revise
paragraph D7 to read as follows:
D7 Establishment and implementation of contracts, policies,
marketing plans or allocation plans for the allocation of electric
power that involve (1) the addition of new generation resources
greater than 50 average megawatts, (2) major changes in the
operating limits of generation resources greater than 50 average
megawatts, or (3) service to discrete
[[Page 64609]]
new loads of 10 average megawatts or more over a 12 month period.
This applies to power marketing operations and to siting
construction, and operation of power generating facilities at DOE
sites.
* * * * *
[FR Doc. 96-31064 Filed 12-5-96; 8:45 am]
BILLING CODE 6450-01-P
