§ 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.