18 CFR § 380.11 - Environmental decisionmaking.

---
identifier: "/us/cfr/t18/s380.11"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 380.11 - Environmental decisionmaking."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "380.11"
section_name: "Environmental decisionmaking."
chapter_name: "FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY"
subchapter_number: "W"
subchapter_name: "REVISED GENERAL RULES"
part_number: "380"
part_name: "REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR 1978 Comp., p. 142."
regulatory_source: "Order 486, 52 FR 47910, Dec. 17, 1987, unless otherwise noted."
cfr_part: "380"
---


# 380.11 Environmental decisionmaking.

(a) *Decision points.* For the actions which require an environmental assessment or environmental impact statement, environmental considerations will be addressed at appropriate major decision points.

(1) In proceedings involving a party or parties and not set for trial-type hearing, major decision points are the approval or denial of proposals by the Commission or its designees.

(2) In matters set for trial-type hearing, the major decision points are the initial decision of an administrative law judge or the decision of the Commission.

(3) In a rulemaking proceeding, the major decision points are the Notice of Proposed Rulemaking and the Final Rule.

(b) *Environmental documents as part of the record.* The Commission will include environmental assessments, findings of no significant impact, or environmental impact statements, and any supplements in the record of the proceeding.

(c) *Application denials.* Notwithstanding any provision in this part, the Commission may dismiss or deny an application without performing an environmental impact statement or without undertaking environmental analysis.