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7/14/2009 5:01:46 PM
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UCREFRP
UCREFRP Catalog Number
7955
Author
Burkardt, N., et al.
Title
Technical Clarity In Inter-Agency Negotiations
USFW Year
1995
USFW - Doc Type
Lessons From Four Hydropower Projects, paper no. 94090 of the Water Resources Bulletin
Copyright Material
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<br />Technical Clarity in Inter-Agency Negotiations: LesBOns From Four Hydropower Projects <br /> <br />necessary to ensure adequate flows for waste assimi- <br />lation below the dam, the applicant's position was <br />that introducing the 401 issue at such a late stage in <br />the process was unreasonable. In any event, the <br />applicant had signed an agreement with the waste <br />dischargers to provide adequate flows for assimila- <br />tion. Coupled with the applicant's unwillingness to <br />consider comprehensive river planning, this episode <br />intensified feelings of mutual distrust and led all par- <br />ties to question the good faith of other participants. <br />The Ashton-St. Anthony consultations were also <br />marked by perceptions of lack of good faith. Much of <br />this was caused by a failure to agree on the scope and <br />implications of technical issues. The Ashton Reservoir <br />study was a prime example of this. Problems arose <br />because the resource agencies and the applicant <br />agreed to study the reservoir but did not discuss <br />implications of the study. One respondent stated: <br /> <br />As far as you now have a reservoir fishery <br />instead of a riverine fishery, that's an issue. <br />That's defined. That's agreed to. What the signif- <br />icance of that, or what the appropriate mitiga- <br />tion is for that action, was never defined nor <br />clearly identified. <br /> <br />Because of the lack of clear study goals, the <br />resource agencies and the applicant were unable to <br />arrive at a common interpretation of the study. The <br />state resource agency submitted its interpretation to <br />FERC, and the applicant felt this violated a previous <br />agreement to present FERC with a jointly-prepared <br />document. For the remaining years of the consulta- <br />tion, the applicant routinely questioned the validity of <br />all studies performed by the resource agencies. Per- <br />haps the initial breakdown in trust produced a situa- <br />tion in which parties were unwilling to accept <br />anything at face value. Therefore, all studies were <br />suspect, and technical clarity became ever more elu- <br />sive. <br /> <br />The Effect of Personnel Thrnover <br /> <br />The FERC licensing consultations that we studied <br />spanned fairly long periods of time - nine years, on <br />average. Typically, the players changed through the <br />course of the negotiations. The negative effects of <br />these changes were clear: agreements changed when <br />personnel changed; the process was slowed because <br />new players had to be brought up to speed; no parties <br />felt "ownership" in the process. As negotiations <br />dragged on for several years, the sense of urgency to <br />complete the process disappeared. Some projects <br />became very low priorities. <br /> <br />Changes in personnel did not always produce nega- <br />tive effects. In some cases, the changes were fortu- <br />itous in that personality conflicts were eliminated or <br />that a new participant brought essential skills or <br />expertise. In Ashton-St. Anthony, organizational <br />changes in the state resource agency and the power <br />company resulted in increased willingness to renew <br />earnest negotiations. One manifestation of this was a <br />determined effort to sort out and agree on the techni- <br />cal aspects ofthe remaining problems. <br /> <br />CONCLUSIONS <br /> <br />Our investigation of factors affecting success in <br />FERC licensing consultations leads to the observation <br />that technical clarity is critical for successful negotia- <br />tions. In each case, the degree of clarity of the techni- <br />cal issues seemed directly related to the level of <br />success of the negotiation. In many ways this is not <br />surprising. The consultations on FERC projects <br />revolve around reaching agreement on project opera- <br />tions and mitigation for wildlife resources. These are <br />technical issues. If they are intractable, the level of <br />conflict is likely to increase, and the likelihood of suc- <br />cess decreases. Technical issues may be intractable <br />because of fundamental, rather than technical, differ- <br />ences between parties. <br />The research design for this project required that <br />respondents be queried about whether technical <br />issues were clearly defined. In analyzing their <br />responses, it became obvious that these questions <br />were answered on more than one level. On one level, <br />interviewers were told whether or not parties had <br />actually agreed on the scope and definition of issues. <br />Typically, respondents answered the question by nam- <br />ing issues and discussing the general level of agree- <br />ment on whether the issues were considered <br />legitimate. <br />The next level was that of agreement on how to <br />study the problem, how to interpret study results, and <br />what actions to take based on those results. In many <br />instances, parties found it fairly straightforward to <br />name the issues. When it became necessary to move <br />to the next level- study, analysis and interpretation, <br />and decision making - differences in goals became <br />apparent. In some cases, parties agreed on what stud- <br />ies to perform but failed to discuss interpretation and <br />implications of the studies. Because negotiations are <br />often stalled by an inability to reach agreement on <br />questions of ''how," close attention should be paid to <br />avoiding these pitfalls when planning a negotiation. <br />One strategy which could contribute to more effec- <br />tive negotiations is joint fact-finding before negotia- <br />tions begin (Ozawa and Susskind, 1985; Susskind <br /> <br />197 <br /> <br />WATER RESOURCES BULLETIN <br />
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