[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Notices]
[Pages 12847-12848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-620]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD04-4-000]


Panel Member List for Hydropower Licensing Study Dispute 
Resolution; Notice Requesting Applications for Panel Member List for 
Hydropower Licensing Study Dispute Resolution

March 12, 2004.
    This notice requests applications from those interested in being 
listed as potential panel members to assist in the Federal Energy 
Regulatory Commission's (Commission) study dispute resolution process 
for the integrated licensing process for hydropower projects.

Background

    The Commission's final rule revising its regulations pertaining to 
hydroelectric licensing under the Federal Power Act encourages informal 
resolution of study disagreements. In cases where this is not 
successful, a formal study dispute resolution process is available for 
State and Federal agencies or Indian tribes with mandatory conditioning 
authority.\1\
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    \1\ See Sec.  5.14 of the final rule, which may be viewed on the 
Commission's Web site at http://www.ferc.gov/home/Order2002.pdf, and 
see excerpted attachment describing the formal dispute resolution 
process.
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    The final rule provides that the disputed study must be submitted 
to a dispute resolution panel consisting of a person from Commission 
staff, a person from the agency or Indian tribe referring the dispute 
to the Commission, and a third person selected by the other two 
panelists from a pre-established list of persons with expertise in the 
disputed resource area.\2\ The third panel member (TPM) will serve 
without compensation, except for certain allowable travel expenses to 
be borne by the Commission (31 CFR 301).
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    \2\ These persons must not be otherwise involved with the 
proceeding.
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    The role of the panel members is to make a finding, with respect to 
each disputed study request, on the extent to which each study criteria 
set forth in the regulations is or is not met,\3\ and why. The panel 
will then make a recommendation to the Director of the Office of Energy 
Projects based on the panel's findings.
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    \3\ See Sec.  5.9 of the final rule.
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    TPMs can only be selected from a list of qualified persons (TPM 
List) that is developed and maintained by the Commission. Each 
qualified panel member will be listed by area(s) and sub-area(s) of 
technical expertise, for example Fisheries Resources--Instream flow. 
The TPM list will be available to the public on the Commission's web 
site. All individuals submitting their applications to the Commission 
for consideration must meet the Commission's qualifications.

Application Contents

    The applicant should describe in detail his/her qualifications in 
items 1-4 listed below.
    1. Technical expertise, including education and experience in each 
resource area and sub-area for which the applicant wishes to be 
considered:
 Aquatic resources:
     Water quality;
     Instream flows;
     Fish passage;
     Macroinvertebrates;
     Threatened and endangered species;
     General.
 Terrestrial resources:
     Wildlife biology;
     Botany;
     Wetlands ecology;
     Threatened and endangered

[[Page 12848]]

species;
     General.
 Cultural resources.
 Recreational resources:
     Whitewater boating;
     General.
 Land use:
     Shoreline management;
     Visual/aesthetics;
     General.
 Geology:
     Geomorphology;
     Erosion;
     General.
 Socio-economics.
 Engineering:
     Civil engineering;
     Hydraulic engineering;
     Electrical engineering;
     General.

    2. Knowledge of the effects of construction and operation of 
hydroelectric projects.
    3. Working knowledge of laws relevant to expertise, such as: the 
Fish and Wildlife Coordination Act, the Endangered Species Act, the 
Clean Water Act, the Coastal Zone Management Act, the Wild and Scenic 
Rivers Act, the Federal Power Act or other applicable laws.
    4. Ability to promote constructive communication about a disputed 
study.

How To Submit Applications

    Applicants must submit their applications along with the names and 
contact information of three references. Applicants will be 
individually notified of the Commission's decision.

DATES: The application period closes on May 28, 2004. Additional future 
application periods may be announced by the Commission.

ADDRESSES: Applications must be filed electronically via the Internet. 
See the instructions on the Commission's Web site (http://www.ferc.gov) 
under the ``e-Filing'' link. Applications should reference ``DOCKET No. 
AD04-4-000, NOTICE REQUESTING APPLICATIONS FOR PANEL MEMBER LIST FOR 
HYDROPOWER LICENSING STUDY DISPUTE RESOLUTION.''
    Other Information: Requests submitted must be in Word, Times New 
Roman 13 pt. font, and must not be longer than 10 pages in length. 
Complete individual contact information must be provided, as formal 
interviews may be conducted either face to face or via teleconference 
as necessary prior to establishing the TPM List.

FOR FURTHER INFORMATION CONTACT: Lon Crow, Federal Energy Regulatory 
Commission, Office of Energy Projects, 888 First Street, NE., 
Washington, DC 20426; (202) 502-8749; [email protected].

Linda Mitry,
Acting Secretary.
 [FR Doc. E4-620 Filed 3-17-04; 8:45 am]
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