[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42149-42151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1542]


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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

July 8, 2004.
    On March 12, 2004, the Commission requested applications to be 
included on a list of resource experts willing to serve as a third 
panel member in the study dispute resolution process of the 
Commission's hydropower integrated licensing process (ILP). We are 
reopening the application period until September 30, 2004, to afford 
interested parties more time to respond to the original request. 
Respondents to the initial request need not reapply to be considered.

Background

    The Commission's ILP 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/industries/hydropower/indusact/hydrorule-part-v.pdf, and see excerpted attachment 
describing the formal dispute resolution process.
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    The ILP 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 part 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 
Commission is seeking the service of individuals with technical 
expertise in specific resource areas. While such individuals should be 
able to promote constructive dialog among the panelists, the Commission 
is not seeking the services of a mediator or arbitrator.
    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. To expedite processing of the application and 
to ensure accurate identification of areas of interest and expertise, 
the applicant must, in response to item 1, list the specific resource 
area(s) for which he/she wishes to be considered, such as ``Aquatic 
Resources: water quality and instream flow'' or ``Recreational 
Resources: whitewater boating and general''.

[[Page 42150]]

    1. Technical expertise, including education and experience in each 
resource area and sub-area for which the applicant wishes to be 
considered:

 Aquatic Resources
    [ctrcir] water quality
    [ctrcir] instream flows
    [ctrcir] fish passage
    [ctrcir] macroinvertebrates
    [ctrcir] threatened and endangered species
    [ctrcir] general
 Terrestrial Resources
    [ctrcir] wildlife biology
    [ctrcir] botany
    [ctrcir] wetlands ecology
    [ctrcir] threatened and endangered species
    [ctrcir] general
 Cultural Resources
 Recreational Resources
    [ctrcir] whitewater boating
    [ctrcir] general
 Land use
    [ctrcir] shoreline management
    [ctrcir] visual/aesthetics
    [ctrcir] general
 Geology
    [ctrcir] geomorphology
    [ctrcir] erosion
    [ctrcir] general
 Socio-economics
 Engineering
    [ctrcir] civil engineering
    [ctrcir] hydraulic engineering
    [ctrcir] electrical engineering
    [ctrcir] 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 September 30, 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 ten pages in length. 
Complete individual contact information must be provided.
    For Further Information Contact: David Turner, Federal Energy 
Regulatory Commission, Office of Energy Projects, 888 First Street, 
NE., Washington, DC 20426, (202) 502-6091, [email protected].

Magalie Salas,
Secretary.
Attachments:
    Sec.  5.14 of the final rule: Formal Dispute Resolution Process

Attachment

[Docket No. RM02-16-000]


Sec.  5.14  Formal study dispute resolution process.

    (a) Within 20 days of the Study Plan Determination, any Federal 
agency with authority to provide mandatory conditions on a license 
pursuant to FPA Section 4(e), 16 U.S.C. 797(e), or to prescribe 
fishways pursuant to FPA Section 18, 16 U.S.C. 811, or any agency or 
Indian tribe with authority to issue a water quality certification 
for the project license under Section 401 of the Clean Water Act, 42 
U.S.C. 1341, may file a notice of study dispute with respect to 
studies pertaining directly to the exercise of their authorities 
under Sections 4(e) and 18 of the Federal Power Act or Section 401 
of the Clean Water Act.
    (b) The notice of study dispute must explain how the disputing 
agency's or Indian tribe's study request satisfies the criteria set 
forth in Sec.  5.9(b), and shall identify and provide contact 
information for the panel member designated by the disputing agency 
or Indian tribe, as discussed in paragraph (d) of this Section.
    (c) Studies and portions of study plans approved in the Study 
Plan Determination that are not the subject of a notice of dispute 
shall be deemed to be approved, and the potential applicant shall 
proceed with those studies or portions thereof.
    (d) Within 20 days of a notice of study dispute, the Commission 
will convene one or more three-person Dispute Resolution Panels, as 
appropriate to the circumstances of each proceeding. Each such panel 
will consist of:
    (1) A person from the Commission staff who is not otherwise 
involved in the proceeding, and who shall serve as the panel chair;
    (2) One person designated by the Federal or state agency or 
Indian tribe that filed the notice of dispute who is not otherwise 
involved in the proceeding; and
    (3) A third person selected by the other two panelists from a 
pre-established list of persons with expertise in the resource area. 
The two panelists shall make every reasonable effort to select the 
third panel member. If however no third panel member has been 
selected by the other two panelists within 15 days, an appropriate 
third panel member will be selected at random from the list of 
technical experts maintained by the Commission.
    (e) If more than one agency or Indian tribe files a notice of 
dispute with respect to the decision in the Preliminary 
Determination on any information-gathering or study request, the 
disputing agencies or Indian tribes must select one person to 
represent their interests on the panel.
    (f) The list of persons available to serve as a third panel 
member will be posted, as revised from time-to-time, on the 
hydroelectric page of the Commission's website. A person on the list 
who is requested and willing to serve with respect to a specific 
dispute will be required to file with the Commission at that time a 
current statement of their qualifications, a statement that they 
have had no prior involvement with the proceeding in which the 
dispute has arisen, or other financial or other conflict of 
interest.
    (g) All costs of the panel members representing the Commission 
staff and the agency or Indian tribe which filed the notice of 
dispute will be borne by the Commission or the agency or Indian 
tribe, as applicable. The third panel member will serve without 
compensation, except for certain allowable travel expenses as 
defined in 31 CFR part 301.
    (h) To facilitate the delivery of information to the dispute 
resolution panel, the identity of the panel members and their 
addresses for personal service with respect to a specific dispute 
resolution will be posted on the hydroelectric page of the 
Commission's web site.
    (i) No later than 25 days following the notice of study dispute, 
the potential applicant may file with the Commission and serve upon 
the panel members comments and information regarding the dispute.
    (j) Prior to engaging in deliberative meetings, the panel shall 
hold a technical conference for the purpose of clarifying the 
matters in dispute with reference to the study criteria. The 
technical conference shall be chaired by the Commission staff member 
of the panel. It shall be open to all participants, and the panel 
shall receive information from the participants as it deems 
appropriate.
    (k) No later than 50 days following the notice of study dispute, 
the panel shall make and deliver to the Director of the Office of 
Energy Projects a finding, with respect to each information or study 
request in dispute, concerning the extent to which each criteria set 
forth in Sec.  5.9(b) is met or not met, and why, and make 
recommendations regarding the disputed study request based on its 
findings. The panel's findings and recommendations must be based on 
the record in the proceeding. The panel shall file with its findings 
and recommendations all of the materials received by the panel. Any 
recommendation for the potential applicant to provide information or 
a study must include the technical specifications, including data 
acquisition techniques and methodologies.
    (1) No later than 70 days from the date of filing of the notice 
of study dispute, the Director of the Office of Energy Projects will 
review and consider the recommendations of the panel, and will issue 
a written

[[Page 42151]]

determination. The Director's determination will be made with 
reference to the study criteria set forth in Sec.  5.9(b) and any 
applicable law or Commission policies and practices, will take into 
account the technical expertise of the panel, and will explain why 
any panel recommendation was rejected, if applicable. The Director's 
determination shall constitute an amendment to the approved study 
plan.

 [FR Doc. E4-1542 Filed 7-13-04; 8:45 am]
BILLING CODE 6717-01-P