Federal Register #RM26-7-000

FERC Expands NEPA Categorical Exclusion for Minor Water Power License Terminations

This final rule from the Federal Energy Regulatory Commission (FERC), under the Department of Energy, updates environmental review procedures for water power license terminations: - Government buyer: Federal Energy Regulatory Commission (FERC), Department of Energy - No OEMs or commercial vendors are involved, as this is a regulatory action - No products or services are being procured; no part numbers or quantities are listed - The rule expands the Categorical Exclusion (CE) under NEPA to include terminations or revocations of water power licenses and exemptions with minor or no ground disturbance and minimal changes to reservoir conditions or downstream flows - FERC will continue to assess safety risks and coordinate with tribal, state, and local regulators before terminating or revoking licenses - The intent is to streamline environmental review for minor activities unlikely to have significant environmental impacts

Description

The Federal Energy Regulatory Commission amends its regulations implementing the National Environmental Policy Act (NEPA) to expand an existing Categorical Exclusion (CE) to include terminations or revocations of water power licenses and exemptions that result in minor or no ground disturbing activity and minor or no changes in reservoir conditions and downstream flows. This rule aims to streamline environmental review processes for minor activities related to water power license terminations or revocations, which are unlikely to cause significant environmental impacts. The Commission will continue to evaluate safety risks and coordinate with tribal, state, or local regulators before acting to terminate or revoke a license. The rule is effective August 24, 2026.

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