16 U.S.C. § 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 must 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 must 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 must 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 must 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 must affect the Commission’s responsibility to comply with the National Environmental Policy Act of 1969. (c) Effective date This section must take effect about license applications filed after October 24, 1992 .