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Last modified
7/14/2009 5:01:46 PM
Creation date
5/22/2009 6:21:11 PM
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UCREFRP
UCREFRP Catalog Number
7928
Author
Lamb, B. L., N. Burkardt and J. G. Taylor
Title
The Importance Of Defining Technical Issues In Inter-Agency Environmental Negotiations
USFW Year
n.d.
USFW - Doc Type
13
Copyright Material
YES
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INTRODUCTION <br />Technical clarity in negotiations over <br />environmental issues involves understanding the <br />science-based aspects of a project, including the <br />professional value judgments that must be made and <br />the technical facts. Technical clarity is achieved <br />when there is agreement on values and facts. <br />Technical values include issues such as the <br />resources influenced by the project and the <br />geographic extent of project effects. Resolving <br />these value questions requires defining the nature <br />and extent of benefits that may be gained from the <br />negotiation. Technical facts include issues such as <br />the level of flow that will provide fish habitat and <br />the timing of flow releases to maximize power <br />production. Resolving the technical fact questions <br />determines distribution of these benefits to each <br />party <br />To determine the relation between <br />technical clarity and successful negotiations,, we - - <br />studied six consultations conducted under the <br />Federal Energy Regulatory Commission's (FERC) <br />hydropower licensing process. These consultations <br />were undertaken between 1980 and 1989. <br />Although the procedures for FERC consultation <br />became more formal after passage of the Electric <br />Consumers Protection Act of 1986 (ECPA; 16 <br />U.S.C 791 et seq.), the negotiations we studied <br />were typical of most environmental conflicts in that <br />the parties were expected to work out acceptable <br />means to protect fisheries and recreation values <br />without benefit of explicit rules to guide the process <br />or evaluate the solution they reached. The <br />consultation procedures for all the cases we studied <br />required the applicant for a license to consult with <br />state and federal fish and wildlife agencies and to <br />report the results of those consultations to the <br />FERC. The FERC issued licenses for the projects <br />with terms and conditions that usually reflected the <br />results of the consultation (Kerwin 1990). The <br />principal issues in the six cases were fish passage, <br />instream flow releases for fish habitat, and <br />entrainment of fish in hydropower turbines. <br />These issues are very common in FERC <br />hydropower licensing consultations because <br />hydroelectric projects almost always involve <br />damming a stream, bypassing the stream through a <br />pipe (called a penstock), and dropping the water <br />back into the stream through a turbine that <br />generates electrical power. A hypothetical project <br />is shown in Figure 1 to illustrate that a hydropower <br />facility could completely block the upstream <br />migration of fish unless suitable facilities for fish <br />passage are included in the project. Figure 1 also <br />illustrates that the flow in a bypassed reach of <br />stream could be significantly reduced when water is <br />routed through the penstock to the powerhouse. In <br />some projects, the turbines are incorporated into <br />the dam itself (resulting in no bypassed reach) and <br />in others the bypassed reach can extend for several <br />miles. In addition, when water is directed through <br />the turbines, flow is increased below the <br />powerhouse. This fluctuation in flow can be <br />dramatic, causing damage to the fishery and <br />altering the bed and banks of the stream. Finally, <br />fish that pass through the penstock and turbines can <br />be injured or killed. <br />How to construct and operate a project so <br />that these effects are minimized is the question at <br />the heart of most FERC hydroelectric license <br />consultations. For example, from 1980 through <br />March of 1983, 59% of hydropower licenses <br />contained special articles governing instream flows <br />(Kerwin 1990). Instream flow conditions were <br />included in 80% of the licenses issued during 1985 <br />(Kerwin and Robinson 1985). Answering the <br />question of how to minimize environmental damage <br />is a technical problem amenable to scientific <br />analysis. Although scientists can analyze the <br />problem, the best course of action is not beyond <br />dispute. As Patterson observed about management <br />of California's Central Valley Project, "This will <br />not be just a technical decision. Any program has <br />to be workable politically" (quoted in Burby <br />1994:44) Ozawa and Susskind (1985) found that <br />even if specific points are agreed upon in <br />environmental negotiations, it is common to <br />disagree on how to study the problem and how to <br />interpret the results of studies. The findings of our <br />study support those of Ozawa and Susskind (1985). <br />We concluded that technical clarity was one critical <br />element in the successful resolution of these <br />conflicts.
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