[Federal Register: March 14, 2005 (Volume 70, Number 48)]
[Notices]
[Page 12468-12469]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr05-61]
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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, david.turner@ferc.gov.
Magalie Salas,
Secretary.
[FR Doc. E5-1055 Filed 3-11-05; 8:45 am]
BILLING CODE 6717-01-P