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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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METHODS <br />We obtained records of 26 hydroelectric <br />power licensing negotiations from field offices of <br />the U.S. Fish and Wildlife Service (FWS). We <br />asked the field office supervisors to select cases <br />they believed to have been successfully resolved. <br />Representatives from these offices were participants <br />in each negotiation and were required to maintain a <br />record of the consultations. Our objective was to <br />follow a most similar system research design <br />(Przeworski and Teune 1970) by selecting the six <br />most similar negotiations for which documentation <br />was available. The cases we chose included one <br />new license and five relicense consultations. The <br />new license case was chosen because of its strong <br />similarity to other cases in terms of applicable <br />licensing regulations (Lamb 1992) and similar <br />parties and issues. The five relicense cases are <br />approximately 25% of all FERC relicenses granted <br />to utilities during the period 1984-1989 (Richard <br />Hunt Associates 1991). All the cases involved at <br />least the utility applicant, FWS, and state fish and <br />game agency; were conducted under the same <br />regulatory regime (Kerwin 1990, Bearzi and <br />Wilkerson 1990, Bearzi 1991); and at least dealt <br />with the environmental issues of streamflow, fish <br />passage, and fish entrainment. These <br />environmental concerns were the most common and <br />time consuming issues faced by parties to FERC <br />licensing consultations during the period 1984-1989 <br />(Richard Hunt Associates 1991). <br />We tape-recorded structured interviews <br />-with 48 key individuals who participated in the <br />negotiations. Data were always collected from <br />representatives of the major parties in each dispute, <br />including the FWS, state fish and game agency, <br />and applicant. Respondents were those assigned by <br />their organizations to actually conduct the <br />negotiations. The interviews took place at the <br />respondent's place of business (two were conducted <br />via telephone) and ranged in duration from 1.5 to 3 <br />hours. All but one of the 7-member study team <br />conducted interviews. Our interview questions <br />were referenced directly to criteria for finding <br />technical clarity and success. We used two stages <br />of analysis to categorize responses according to <br />these criteria: (1) evaluation of transcribed. <br />responses by the 2-person interview team; and (2) <br />review of transcripts and interview team evaluations <br />by the entire study team. For each criterion we <br />selected example statements that typified respondent <br />answers. <br />During the interviews, we asked <br />respondents a series of questions to determine how <br />clearly technical issues were defined during the <br />negotiation process (Table 1). The answers varied <br />from specific examples of how clearly respondents <br />understood the definition and scope of the issues <br />and the required research, to how clearly they <br />understood the resulting data. We also asked <br />respondents to rate technical clarity on a scale from <br />1 to 10, with 1 meaning the issues were not at all <br />clear and 10 meaning the issues were perfectly <br />clear. During the interviews we traced the history <br />of each case so that changes in technical clarity <br />over the course of the negotiation could be <br />measured. Criteria for determining the clarity of <br />technical issues included: (1) All parties agreed to <br />the definition of the technical issues throughout the <br />process but especially during the stage when final <br />agreement was being forged; and (2) the definition <br />of the technical issues was rated from high to very <br />high (between 7 and 10) by all respondents. <br />Interviewees were also asked to evaluate <br />the success of each negotiation (Table 2; Fulton <br />1992; Burkardt et. al 1995). Our criteria to <br />evaluate success included: the parties recognized <br />that an agreement was reached, the agreement <br />included a plan of implementation and post- <br />construction monitoring, there was a willingness to <br />enter into future negotiations with the same parties, <br />and respondents rated success at more than seven <br />on a ten-point scale (where 1 meant no success and <br />10 meant fully successful). The cases we studied <br />varied from fully successful to minimally successful <br />and in how well the technical clarity criteria were <br />met.
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