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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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All parties reported a willingness to negotiate <br />again. Success scores range from 7-8. <br />Cataract Proiect <br />Ratings for technical clarity, in the Cataract <br />Project changed dramatically at different times <br />during the negotiation. Cataract is the downstream- <br />most impoundment on the Saco River in Southern <br />Maine. Water released from the project travels a <br />short distance before emptying into the estuary of <br />the Saco. In the early stages of the consultation, <br />the parties shared an understanding that the issues <br />included instream flow for Cataract and seven <br />upstream impoundments, the need for a <br />comprehensive river plan, and fish passage. <br />Understanding these issues did not preclude <br />disagreement. For example, the exact details of a <br />comprehensive river plan were contentious because <br />the parties could not resolve the question of how <br />far upstream fish passage facilities needed to be <br />constructed. <br />After the project proponent completed the <br />license application, additional conflicts arose while <br />some existing issues became clearer. For example, <br />the fish passage issue became clearer through a <br />mutual agreement setting an approach to resolving <br />the problem. In this phase, one party introduced <br />the issue of flow releases for waste assimilation <br />downstream of the dam in the form of a state <br />Section 401 water quality certification. This new <br />issue surprised other parties because it was <br />introduced late in the consultation process. <br />Uncertainty about state Section 401 certification <br />was manifested in discussions about whether the <br />state agencies had the authority to include <br />streamflow as a part of their Section 401 <br />certification and whether FERC was bound to <br />include the Section 401 certificate in the license. <br />Because the answers to these questions were <br />unclear the parties responded with low ratings in <br />our quantitative measure of technical clarity. In the <br />final phase--after a license was issued--technical <br />clarity was reported as high even though the <br />Section 401 flow issue remained unresolved. <br />As time passed in the Cataract <br />negotiations, some issues were clarified, some <br />muddied, and some discarded. Most disagreements <br />about technical issues revolved around how to make <br />decisions, resolve problems, choose methodologies, <br />and interpret results. The parties understood the <br />issues but could not agree on how to resolve them. <br />One reason for this was that the applicant and some <br />of the parties to the Cataract consultation were <br />simultaneously involved in a very contentious <br />general stream negotiation on the Kennebec River <br />and that process led to skepticism about the <br />Cataract process. The following exchange <br />characterizes the respondents' conclusions about <br />this negotiation: <br />Q: Once established, during that <br />first phase, was the understanding <br />of what the technical issues were, <br />ever lost? <br />A: I think what the consultation <br />does, and certainly what it did in <br />Cataract, is, it better defines <br />[issues]. As we went through this <br />process, we better defined <br />maintenance drawdown as a <br />potential habitat concern. Better <br />defined certain fish passage <br />issues. So I don't think anything <br />was lost, just better defined, <br />which is the goal of that process. <br />We rated the Cataract project as minimally <br />successful. Not all parties believed that a <br />satisfactory agreement was reached. The state <br />Section 401 water quality certification, fish <br />passage, and instream flow were unresolved issues. <br />Procedures to implement agreements were included <br />for those issues on which there was agreement. All <br />parties reported a willingness to negotiate again. <br />Success scores range from 2-9. <br />Ashton-St. Anthony Proiect <br />Located on the Henry's Fork River in <br />southeastern Idaho, the Ashton-St. Anthony Project <br />consists of two developments; a dam, reservoir, <br />and powerhouse near the town of Ashton and a <br />diversion dam, canal, and powerhouse within the <br />city limits of St. Anthony. The project was <br />constructed in the mid-1910's, later acquired by a <br />large regional utility, and scheduled for relicense in <br />1984. Under FERC rules of that period the <br />relicensing presented an opportunity for a <br />municipality to obtain the new license, to the <br />detriment of the utility.
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