[Federal Register Volume 70, Number 48 (Monday, March 14, 2005)]
[Notices]
[Pages 12468-12469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1055]


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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 4, 2005.
    On March 12, 2004, and July 8, 2004, the Commission requested 
applications from persons who wish 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 now reopening the application period 
indefinitely. Respondents to the initial requests need not reapply to 
be considered.

Background

    The Commission's ILP encourages informal resolution of study 
disagreements. In cases where this in 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/indus-act/ilp.asp, 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

[[Page 12469]]

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 
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''.
    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 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: There is no deadline for applications; the application period 
will remain open until further notice.

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.
[FR Doc. E5-1055 Filed 3-11-05; 8:45 am]
BILLING CODE 6717-01-P