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<br /> <br />" <br />\ <br /> <br />Section 0 of the DOE guidelines states that, for rate increases for power <br />marketing administrations, the level of documentation under NEPA is <br />guided by the following criterion: <br /> <br />The size of the rate increase as it relates to the rate of inflation <br />since the last rate increase. <br /> <br />Western will determine the size of the rate increase. If it does not <br />exceed the rate of inflation in the period since the last rate increase, <br />a memorandum would be prepared explaining the basis for an administrative <br />determination of no further need for documentation under NEPA. <br /> <br />If the rate increase exceeds the rate of inflation since the last rate <br />increase, an environmental assessment (EA) is normally required. An EA <br />would consider the impacts of the proposed rate increase and alternatives <br />on the environment. <br /> <br />If the EA shows that the rate increase does not significantly affect the <br />quality of the human environment, a finding of no significant impact <br />would be issued by DOE. If significant effects are found during the <br />preparation of the EA, an environmental impact statement would be <br />prepared. <br /> <br />VIII. REGULATORY FLEXIBILITY ACT OF 1980 <br /> <br />, <br /> <br />Pursuant to the Regulatory Flexibility Act of 1980 (5 U.S.C. Section 601 <br />et seq.) each agency, when required by 5 U.S.C. section 553 to pUblish a <br />proposed rule, is further required to prepare and make available for <br />public comment an initial regulatory flexibility analysis to describe the <br />impact of the proposed rule on small entities. In this instance, the <br />rate adjustment relates to nonregulatory services provided by Western. <br />Under 5 U.S.C. section 601(2), rates or services of particular <br />applicability are not considered "rules" within the meaning of the Act. <br />Because the proposed rate is of limited applicability and is being set in <br />accordance with specific legislation under particular circumstances, no <br />flexibility analysis is required. <br /> <br />IX. PROCEDURES FOR PUBLIC PARTICIPATION IN POWER AND TRANSMISSION RATE <br />ADJUSTMENTS OR EXTENSIONS <br /> <br />Procedures for Public Participation in Power and Transmission Rate <br />Adjustments and Extensions have been pUblished as 10 CFR Part 903 in the <br />Federal Register at 50 FR 37835 (September 18, 1985), and corrections <br />were published at 50 FR 48075 (November 21, 1985). Copies of these <br />Federal Registers are included in Appendix A. <br /> <br />24 <br /> <br />,1 <br />