§ 797d. — Third party contracting by FERC.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC797d]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 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.
(Pub. L. 102-486, title XXIV, Sec. 2403, Oct. 24, 1992, 106 Stat. 3097.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsecs. (a) and (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
The Federal Power Act, referred to in subsecs. (a) and (b), is act
June 10, 1920, ch. 285, 41 Stat. 1063, as amended. Part I of the Act is
classified generally to this subchapter (Sec. 791a et seq.). For
complete classification of this Act to the Code, see section 791a of
this title and Tables.
Codification
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Federal Power Act which generally comprises this
chapter.
