Final Environmental Impact Statement Volume II Appendix K, Part 1

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N N COMMENTS OF CENTRAL NEBRASKA PUBLIC POWER AND IRRIGATION DISTRICT III. FERC STAFF HM XRDZ PUNDAMMMAL ERRORS OF LAW AND PACT IN DEVELOPING ITS PREFERRED ALTERNATIVE The enhancements proposed for endangered and threatened species by the Staff are, as shown above, substantially greater than the Districts' "fair share" determined under the MOA. Indeed, the Staff's entire approach to assigning responsibilities to the Districts -- apparently based purely on ability to pay -- is inconsistent with a fair share or basin -wide approach. Coupled with flawed economic analysis, this approach has led FERC Staff to propose enhancement measures for both endangered and non - endangered species which cost far more than the Districts could or should pay. The desire to provide as many of DOI's enhancement recommendations as possible has also led FERC Staff to overlook serious flaws in the scientific support for many proposals; the result is an appearance that the Districts' "fair share" is larger than can be justified. CEN -61 A. Without Legal or Equitable Justification FERC Staff has Acquiesced in obtaining a Basin -bide Solution from These Protects Alone While acknowledging the important role of others in impacting the basin,L31 FERC Staff has made no effort to limit enhancement requirements to the Projects' fair share of achieving resource agency goals. In some measure, the Staff has been hampered by DOI's continuing focus on what it considers desirable for the Platte River while declining to 3' RDEIS at 3 -2. - 20 - RESPONSES TO CENTRAL NEBRASKA PUBLIC POWER AND IRRIGATION DISTRICT CEN -6 It is the Commission's task to determine, in the context of all developmental and nondevelopmental values potentially influenced by the projects, which fish and wildlife recommendations are consistent with the Federal Power Act and other applicable laws. The staff sees the appropriate contribution toward environmental improvement as a function of the potential of these particular projects to make those improvements, while also satisfying other important developmental and nondevelopmental values such as irrigation, power generation, and recreation.