§717n Process Coordination; Hearings; Rules of Procedure

Summary

The Commission must act as the lead agency to coordinate all federal approvals for applications under section 717b or for certificates under section 717f and to meet the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). "Federal authorization" means any federal approval needed for those applications, such as permits, certifications, special use approvals, or similar permissions. Federal and State agencies that review any part of an application must work with the Commission and follow deadlines the Commission sets. The Commission will set a schedule to finish all federal approvals quickly and follow any timing rules required by law. If an agency misses the schedule, the applicant can seek remedies under section 717r(d). The Commission will keep one combined record of all decisions or actions by it or by federal or state agencies acting under federal law. That consolidated record will be used for appeals under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) and for judicial review under section 717r(d); a court can send a case back to the Commission if more information is needed. Hearings may be held by the Commission or its representative, and records of hearings will be kept. The Commission may allow states, local governments, consumer or investor representatives, competitors, or others to join if it serves the public interest. The Commission will make rules for hearings and procedures. Technical rules of evidence do not have to be used, and procedural informalities will not cancel an order or decision.