7928 - Laserfiche WebLink

Home Browse Search

Because of this competition, the utility sought to streamline the relicensing process by simplifying many technical issues. As the consultation progressed it became obvious that the utility's application would prevail over any competitor and the negotiations over technical issues became more intense. In the early stages, studies were agreed to without discussion on the eventual interpretation of the resulting data; in some cases there seems to have been no mutual understanding of the purpose of the studies. The license was issued on the condition that further studies would be undertaken. During this second phase there was a lack of agreement on the use of scientific techniques. Although the parties agreed that fish entrainment and turbine mortality of native fishes was an issue and they agreed to conduct studies of those phenomena, they failed to agree on how to quantify losses of native fish due to those causes and they did not discuss how data were to be interpreted. It was during this second phase, too, that the parties realized some of their earlier assumptions about other technical matters had not been accurate. For example, one party was asked to study the reservoir fishery. After the study was completed there was disagreement on study scope, results, and reporting procedures. One respondent reported skepticism about negotiations over technical issues: That's why I say that technically it appeared that a lot of these issues were not based on any type of real studies or a management objective. They appeared more like a biologist or some manager's hunch that, I think this is what happened, and at this point in time, we really need more wetlands, or that our focus is on improving deer winter range, so we need more of this or more of that, and so that's what we ought to call for as far as mitigation, when it comes to hydro projects. Another important factor in this consultation was that the statute guiding the FERC's licensing activities was amended by ECPA in the middle stages of this negotiation, causing all parties to be unsure of the process. The negotiations were judged to be minimally successful. Only parts of an agreement were finalized. Fish passage, entrainment, and wetlands protection were unresolved issues. Agreements that were reached did include some implementation and monitoring. All parties reported a willingness to negotiate again. Success scores range from 3-10. Pit 3.4.5 The Pit River of northern California empties into Shasta reservoir on the Sacramento River and is marked by a series of hydroelectric projects. Each project consists of a dam with a downstream reach bypassed by a penstock. Pit 3, 4, 5 is a series of three diversion structures, bypass reaches, and power stations. The project directly affects more than 62 kilometers of river. Respondents in the pre-license phase reported three phenomena: confusion on what they were trying to accomplish with the consultation, agreement on some issues to study, and disagreement on where studies would lead the parties. One exchange with a respondent illustrates the confusion: Q. But during this time ... was there a lack of clarity among the parties with regard to the issues themselves, what the issues were? A. You bet. And I think a lot of it was confusing because you had archaeological concerns. You had that whole can of worms, ... going on at the same time, and Exhibit R tying to Exhibit S. A lot of people didn't understand where we were in the process, and sometimes ... there was confusion.... Q. Was there a time ... up until the issuance of the license, where the parties did come together and agree, then, what were the issues? A. No, I don't think anybody ever said 'These are the 20 issues we've got.'... You had this meeting for this reason, this meeting for that reason ...and nobody was ever sitting down and tying them all together.