[Federal Register: March 18, 2004 (Volume 69, Number 53)]
[Notices]
[Page 12847-12848]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr04-46]
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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 12, 2004.
This notice requests applications from those interested in being
listed as potential panel members to assist in the Federal Energy
Regulatory Commission's (Commission) study dispute resolution process
for the integrated licensing process for hydropower projects.
Background
The Commission's final rule revising its regulations pertaining to
hydroelectric licensing under the Federal Power Act 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/home/Order2002.pdf, and
see excerpted attachment describing the formal dispute resolution
process.
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The final rule 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 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 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.
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
[[Page 12848]]
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: The application period closes on May 28, 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 10 pages in length.
Complete individual contact information must be provided, as formal
interviews may be conducted either face to face or via teleconference
as necessary prior to establishing the TPM List.
FOR FURTHER INFORMATION CONTACT: Lon Crow, Federal Energy Regulatory
Commission, Office of Energy Projects, 888 First Street, NE.,
Washington, DC 20426; (202) 502-8749; lon.crow@ferc.gov.
Linda Mitry,
Acting Secretary.
[FR Doc. E4-620 Filed 3-17-04; 8:45 am]
BILLING CODE 6717-01-P