[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Pages 16828-16829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6880]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Don Pedro Hydroelectric Project Project No. 2299-075]


Turlock Irrigation District, & Modesto Irrigation District; 
Notice of Dispute Resolution Process Schedule, Panel, Technical 
Conference, and Modified Filing Times for Panel Recommendations and 
Dispute Determination

    On January 11, 2012, the National Oceanic and Atmospheric 
Administration's National Marine Fisheries Service (NMFS) and the 
California Water Resources Control Board (Water Board) (collectively, 
the Agencies), filed a Notice of Study Dispute to initiate the Federal 
Energy Regulatory Commission's (Commission) formal study dispute 
resolution process, pursuant to 18 CFR 5.14, in the relicensing 
proceeding for the Don Pedro Hydroelectric Project No. 2299-075.\1\ 
Turlock Irrigation District and the Modesto Irrigation District 
(collectively, the Districts), are co-licensees for the Don Pedro 
Hydroelectric Project.
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    \1\ The U.S. Fish and Wildlife Service (FWS) also requested 
dispute resolution on two studies requested by the California 
Department of Fish and Game (Cal Fish and Game) and one study 
requested by NMFS. Additionally, NMFS requested dispute resolution 
on one of the Cal Fish and Game studies. In a March 9, 2012, letter 
the Director of the Office of Energy Projects determined that the 
Cal Fish and Game's studies would not be referred to dispute 
resolution because a disputing agency can only dispute a study 
request that it has made itself. The dispute regarding the study 
requested by NMFS and endorsed by FWS will go forward as a NMFS 
study dispute.
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    In its Notice of Study Dispute, NMFS disputes the December 22, 2011 
Study Plan Determination's treatment of eight of its June 10, 2011 
study requests. NMFS identified study requests 1-4 and 7-9 as being in 
dispute. Specifically, the disputed study requests are: Request 1--
Effects of the Project and Related LaGrange Complex Facilities on 
Anadromous Fish; Request 2--Effects of the Project and Related 
Facilities Evaluated Through an Operations Model; Request 3--Effects of 
the Project

[[Page 16829]]

and Related Activities on Fish Passage for Anadromous Fish; Request 4--
Effects of the Project and Related Facilities Hydrology for Anadromous 
Fish: Magnitude, Timing, Duration, and Rate of Change; Request 7--
Evaluation of the Upper Tuolumne Habitats for Anadromous Fish; Request 
8--Salmon and Steelhead Full Life-Cycle Population Models; and Request 
9--Effects of the Project and Related Facilities on Ecosystem/Marine-
Derived Nutrients for Anadromous Fish.
    The Water Board's Notice of Study Dispute seeks to have the 
Districts' Study W&AR-2--Project Operations/Water Balance Model 
modified to address constraints in timing and magnitude of flows 
related to water rights.
    On February 10, 2012, Commission staff designated Mr. Stephen 
Bowler to serve as the Commission staff Dispute Resolution Panel 
(Panel) chair. On March 2, 2012, NMFS designated Mr. David White as the 
Agency Dispute Resolution Panel member.\2\ From an established list of 
potential third party panelists, Mr. Bowler and Mr. White selected Mr. 
Richard Craven and requested that he serve on the Panel. Mr. Craven 
agreed to serve and the Panel convened on March 10, 2012. Mr. Craven's 
statement certifying that he has no conflict of interest, which also 
summarizes his qualifications, has been filed into the record. None of 
the three panelists have been involved previously in the Don Pedro 
Hydroelectric Project relicensing proceeding.
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    \2\ Mr. White's designation followed two previous designations 
of NMFS staff members who were determined to have prior involvement 
in the Don Pedro proceeding and were deemed ineligible to serve on 
the Panel. Mr. White's designation came one business day ahead of 
the deadline established by the Commission of March 5, 2012. Because 
of the delay in establishing an eligible agency panel member, March 
5, 2012 will serve as the date of initiation of the dispute 
resolution process rather than the dispute notice date of January 
11, 2011. Mr. White was designated to represent the Water Board as 
well as NMFS.
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    By letter filed March 15, 2012, the Panel requested that the 
Director of the Office of Energy Projects (Director) modify the 
timeframe for submission of the Panel's recommendations from 50 to 60 
days from the start of the dispute resolution process, specifically 
from April 24, 2012 to May 4, 2012. The Panel also recommended the 
modification of the deadline for the Director's determination on the 
study dispute from 70 to 80 days from the start of the dispute 
resolution process, specifically from May 14, 2012 to May 24, 2012. By 
this notice, the Director modifies the schedule as recommended and 
requested by the Panel under his authority provided in 18 CFR 
5.29(f)(2) of the Commission's regulations. The resulting process plan 
for dispute resolution is as follows:

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          Responsible party                 Pre-filing milestone           Date             FERC regulation
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Agencies.............................  Designation of Agency                3/2/2012  5.14(d)(2).
                                        Panelist (Actual).
Agencies.............................  Designation of Agency                3/5/2012  5.14(d)(2).
                                        Panelist (Deadline) (Start
                                        of Dispute Resolution
                                        Process).
Dispute Panel........................  Third Dispute Panel Member           3/5/2012  5.14(d)(3).
                                        Selected.
Dispute Panel........................  Dispute Resolution Panel            3/12/2012  5.14(d).
                                        Convened.
FERC.................................  Notice of Dispute Resolution        3/16/2012  Guidance.
                                        Panel Technical Conference.
Districts............................  Applicant Comments on Study         3/28/2012  5.14(i).
                                        Disputes Due.
Dispute Panel........................  Dispute Resolution Panel            4/17/2012  5.14(j).
                                        Technical Conference.
Dispute Panel........................  Dispute Resolution Panel             5/4/2012  5.14(k).
                                        Findings Issued.
FERC.................................  Director's Study Dispute            5/24/2012  5.14(l).
                                        Determination.
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    The Panel will hold an all-day technical conference on the disputed 
studies on April 17, 2012. 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 agencies, 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.
    For more information, please contact Stephen Bowler, the Dispute 
Resolution Panel Chair, at [email protected] or 202-502-6861.

    Dated: March 16, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-6880 Filed 3-21-12; 8:45 am]
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