[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71008-71011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29549]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2246-058]


Yuba County Water Agency; Notice of Dispute Resolution Process 
Schedule; Panel Meeting, and Technical Conference

    On October 20, 2011, the National Oceanic and Atmospheric 
Administration's, National Marine Fisheries Service (NMFS), filed a 
Notice to initiate a formal study dispute resolution process, pursuant 
to 18 CFR 5.14, in the relicensing proceeding for the Yuba County Water 
Agency's (YCWA) Yuba River Hydroelectric Project No. 2246. NMFS 
disputes the treatment of several of its study requests, filed on March 
7, 2011, in the Commission's study plan determination, issued on 
September 30, 2011. NMFS specifically identifies study requests one 
through six and study request eight as the disputed components of its, 
March 7, 2011 filing. In its study requests one through six NMFS 
requested studies of the effects of project and related activities on: 
(1) Fish passage for anadromous fish; (2) hydrology for anadromous 
fish; (3) water temperatures for anadromous fish migration, holding, 
spawning, and rearing needs; (4) coarse substrate for anadromous fish: 
sediment supply, transport, and storage; (5) large wood and riparian 
habitat for anadromous fish; and (6) loss of marine-derived nutrients 
in the Yuba River, respectively. In study request eight, NMFS requested 
a study of, ``anadromous fish ecosystem effects analysis: synthesis of 
direct, indirect, and cumulative effects of the project and related 
facilities on anadromous fish.''
    In its October 20, 2011 filing, NMFS designated David K. White as 
its dispute resolution panel member. On October 25, 2011, Commission 
staff designated Stephen P. Bowler to serve in the Commission staff 
role of dispute resolution panel chair. From an established list of 
potential third party panelists, Mr. Bowler and Mr. White selected Mr. 
Richard E. Craven and requested that he serve on the panel. Mr. Craven 
agreed to serve and the panel convened on November 7, 2011. Mr. 
Craven's statement certifying that he has no conflict of interest, 
which also summarizes his qualifications, is attached. None of the 
three panelists have been involved previously in the Yuba River 
Hydroelectric Project relicensing proceeding.
    The panel will hold an all-day technical conference on the disputed 
studies on November 30, 2011. The conference will be held in 
Sacramento, CA. Further details will be supplied in a future notice. 
The purpose of the technical conference is for the disputing agency, 
the applicant, and the Commission to provide the panel with additional 
information necessary to evaluate the disputed studies. All local, 
state, and federal agencies, Indian tribes, and other interested 
parties are invited to attend the meeting as observers. The panel may 
also request information or clarification on written submissions as 
necessary to understand the matters in dispute. The panel will limit 
all input that it receives to the specific studies or information in 
dispute and will focus on the applicability of such studies or 
information to the study criteria stipulated in 18 CFR 5.9(b). If the 
number of participants wishing to speak creates time constraints, the 
panel may, at its discretion, limit the speaking time for each 
participant.
    The process plan for dispute resolution is as follows:

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         Responsible party               Pre-filing milestone                Date             FERC regulation
----------------------------------------------------------------------------------------------------------------
NMFS..............................  Disputes filed................  10/20/2011...........  5.14(a).
Dispute Panel.....................  Third Dispute Panel Member      11/4/2011............  5.14(d)(3).
                                     Selected.
Dispute Panel.....................  Dispute Resolution Panel        11/7/2011............  5.14(d).
                                     Convened.
YCWA..............................  Applicant Comments on Study     11/14/2011...........  5.14(i).
                                     Disputes Due.
FERC..............................  Notice of Dispute Resolution    11/9/2011 (with        Guidance.
                                     Panel Technical Conference.     details on or before
                                                                     11/16/2011).
Dispute Panel.....................  Dispute Resolution Panel        11/30/2011...........  5.14(j).
                                     Technical Conference.
Dispute Panel.....................  Dispute Resolution Panel        12/9/2011............  5.14(k).
                                     Findings Issued.
FERC..............................  Director's Study Dispute        12/29/2011...........  5.14(l).
                                     Determination.
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    For more information, please contact Stephen Bowler, the dispute 
panel chair, at [email protected] or (202) 502-6861.

    Dated: November 9, 2011.
Kimberly D. Bose,
Secretary.
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[FR Doc. 2011-29549 Filed 11-15-11; 8:45 am]
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