The Energy Policy Act of 1992 ("EPAct") has greatly reduced the amount of time the Federal Energy Regulatory Commission ("FERC") takes to process matters that require the preparation of an environmental assessment ("EA") or an environmental impact statement ("EIS"). Prior to EPAct's enactment, the FERC prepared all environmental assessments and environmental impact statements. EpAct, however, authorizes hydroelectric project applicants, contractors, or consultants to prepare their own EA which enables the applicant to maintain a very active role in the preparation of the EA. EPAct also authorizes an EIS to be prepared by a third party who is funded by the applicant but chosen by the FERC from a list of FERC approved individuals or companies. Under this scenario, the FERC acts in a supervisory role for the development of the EIS. Thus, the applicant's role is limited.
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