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N <br />�D <br />COMMENTS OF CENTRAL NEBRASKA PUBLIC POWER AND <br />IRRIGATION DISTRICT <br />consideration" of developmental and non - developmental <br />interestsS2' and section 10(a)'s requirement that FERC's <br />final decision represent the overall "public interest" imply <br />a more comprehensive balancing of interests, costs and <br />benefits.M' Legislative history'—" and case law confirm <br />I' 16 U.S.C. S 797(e). Section 4(e) of the FPA, as <br />amended by ECPA, provides that <br />(i]n deciding whether to issue any license under <br />this Part for any project, the Commission, in <br />addition to the power and development purposes for <br />which licenses are issued, shall give equal <br />consideration to the purposes of energy <br />conservation, the protection, mitigation of damage <br />to, and enhancement of, fish and wildlife <br />(including related spawning grounds and habitat), <br />the protection of recreational opportunities, and <br />the preservation of other aspects of environmental <br />quality. <br />a= also California v FER , 966 F.2d 1541, 1550 (9th Cir. <br />1992) (holding that "equal consideration does not dictate <br />FERC's acceptance of the result proposed by the fish and <br />wildlife agencies. "). <br />L31 Courts recognize that 16 U.S.C. § 803(a) requires <br />FERC to make a determination that a proposed facility is in <br />the public interest. See, e.g., Woolen Mill Assoc.'s v <br />FERC, 917 F.2d 589, 591 (D.C. Cir. 1990). <br />a 5-ga H.R. Rep. No. 507, 99th Con <br />g., 2d Sess. (1986), <br />reprinted in 1986 U.S.C.C.A.N. 2496, 2518 (stating that the <br />"Committee intends that the Commission will evaluate all <br />license applications, including relicense applications, <br />giving full and balanced consideration to all of the <br />purposes and values promoted by the Act. "). As the <br />legislative history points out, "(t)his does not mean, <br />however, that an agency fish and wildlife recommendation is <br />consistent with the purposes for which licenses are issued <br />merely because the recommendation would protect fish and <br />wildlife. The conferees fully expect that in most cases <br />environmental consultations will serve to identify options <br />which will be . consistent with other project <br />purposes. . " (emphasis added). H.R. Conf. Rep. No. 934, <br />99th Cong., 2d Sess. (1986), reprinted in 1986 U.S.C.C.A.N. <br />2496, 2541. <br />- 27 - <br />RESPONSES TO CENTRAL NEBRASKA PUBLIC POWER AND <br />IRRIGATION DISTRICT <br />